2.3.1 ROADWAY NETWORK
Eastvale’s street network is integrated with those of its neighboring communities and connects directly with the Interstate and regional freeway systems. Recreational travel and freight movements through the city require a flexible roadway system capable of meeting a wide range of needs. The city’s roadway network must be able to accommodate both traffic generated by homes and businesses, as well as regional traffic passing through. The major highways in and around Eastvale are Interstate 15, California Route 60, and California Route 91.
For this analysis, Eastvale’s roadways are classified as either an Arterial, Collector, Local Connector or Local roadway, as shown in Figure 4. Local streets make up most of the roadway length in Eastvale. The city’s main arterials are Hellman Avenue, Hamner Avenue, and a portion of Limonite Avenue. The main collector roads are Schleisman Road, Archibald Avenue, and Limonite Avenue.
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Figure 4 – Functional Classification
Source: City of Eastvale (2020)
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2.3.2 BICYLE & PED ESTRIAN NETWORK
Most of Eastvale’s street system has been built with sidewalks, wide traffic lanes, and enough capacity to carry its daily traffic. Bicycle lanes are included on several City streets. There are several city gateways such as the Hamner Avenue bridge over the Santa Ana River and the 68th Street Overcrossing of I-15 that make active transportation connections with neighboring communities difficult.
Pedestrians within the city have sidewalks, walkways, bridges, crosswalks, signals, illumination, and benches, among other amenities. In general, the city has sidewalks in the urban areas where the roadway frontage has been developed. However, due the incremental nature of development, there are numerous gaps in those sidewalks especially for older developments and vacant lands and industrial areas.
Eastvale has a limited bicycle network that is not well connected. The city’s main bicycle facilities are Class II bicycle lanes along certain portions of 65
th Street, 68th Street, Archibald Avenue, Schleisman
Road, Sumner Avenue, and Hamner Avenue. This city also has Class I multi-use paths bordering the north end of the open space surrounding the Santa Ana River and another connecting Bellegrave Avenue to Cantu-Galleano Ranch Road, as shown in Figure 5. The bicycle lanes function more for mobility and connections between schools, homes, and businesses, while the multi-use path functions more for recreation.
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Figure 5 – Existing Bicycle Facilities Map
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2.3.3 TRANSIT NETWORK
The Riverside Transit Agency (RTA) provides transit service to the City. RTA’s fixed routes are designed to connect all cities and unincorporated communities in western Riverside County. As of 2019, Eastvale is served by Routes 3 and 29, as shown in Figure 6. Route 3 connects Eastvale with Norco to the south, while Route 29 connects the city with Mira Loma and Jurupa Valley to the east.
Figure 6 – RTA Transit Routes in Eastvale
Source: RTA Short Range Transit Plan (SRTP) (2019)
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3 DATA UTILIZED IN ANALYSIS PROCESS
3.1 ROADWAY NETWORK
The roadway classifications described in Section 2 and shown in Data Analysis Figure 4 were used in the analysis process. These classifications are not intended to replicate the City’s adopted functional classifications, they were used to group roadway segments by similar characteristics.
3.2 COLLISIONS
Collision data for the most recent five-year period (January 1, 2015 through December 31, 2019) were used for the collision analysis. Collisions were matched to intersection and roadway segments. The five- year analysis period allows the observation of trends in collisions by location and types by spanning several years, while not being so long as to be impacted by widespread changes to the roadway network and macro scale travel patterns.
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Figure 7 – Intersection and Mid-block Collisions (2015-2019)
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4 STAKEHOLDER ENGAGEMENT
4.1 VIRTUAL STAKEHOLDER WORKSHOPS
Due to COVID-19, all stakeholder workshops had to be done virtually. There were two virtual workshops, both with a wide variety of public stakeholder entities including: The Public Safety Commission, Planning Commission, Public Works, City of Victorville, City of Riverside, Lennar Homes, Goodman, Lewis Retail Centers, Stratham Homes, Eleanor Roosevelt High School, and multiple Eastvale residents.
4.1.1 KICKOFF
A virtual meeting was held with the Stakeholder group on Tuesday May 19, 2020 from 5:30-6:30 PM.
During this meeting, a presentation was given to provide an overview of the project including a description of the project, an explanation of the SSARP, desired project outcomes, and the overall project timeline.
After the presentation, the meeting transitioned into an open format where the stakeholders were able to provide feedback and ask questions. This information was used to help identify potential challenge areas and to solidify the locations for the field visit.
4.1.2 COUNTERMEASURE DEVELOPMENT
Following the completion of the field visit, another virtual meeting was held on Thursday June 18, 2020 from 5:30-7:30 PM. During this meeting, a presentation was given to share the findings from the field work and to provide potential countermeasures for each location. The discussions about countermeasures were open forum, and those in attendance provided feedback and further recommendations. This information was used to finalize the countermeasure selection and begin the cost/benefit analysis.
5 DATA ANALYSIS
The following section describes the data analysis process undertaken to evaluate safety of the transportation network in the City of Eastvale at a systemic level. Using a network screening process, locations within the city that will most likely benefit from safety enhancements will be identified. Using historic collision data, collision risk factors for the entire network are derived. The outcomes will inform the identification and prioritization of engineering and non-infrastructure safety measures that address certain roadway characteristics and related behaviors that contribute to collision.
5.1 GUIDING MATERIALS
5.1.1 LOCAL ROADWA Y SAFETY MANUAL
The Local Roadway Safety Manual: A Manual for California’s Local Road Owners (Version 1.5, April 2020) purpose is to encourage local agencies to pursue a proactive approach to identifying and analyzing safety issues, while preparing to compete for project funding opportunities. A proactive approach is defined as analyzing the safety of the entire roadway network by through either a one-time, network wide analysis, or by routine analyses of the roadway network. 1 According to the Local Roadway Safety Manual (LRSM), “The California Department of Transportation (Caltrans) – Division of Local Assistance is responsible for administering California’s federal safety funding intended for local safety improvements.”
This analysis included both intersections and roadway segments. Each facility type has a unique set of countermeasures that can be funded through safety grants, including the Highway Safety Improvement
1 Local Roadway Safety Manual (Version 1.3) 2016. Page 5. 556
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Program (HSIP). A list of locations was generated that were most likely to benefit from cost-effective countermeasures, preferably prioritized by benefit/cost ratio. The manual suggests using a mixture of quantitative and qualitative measures to identify and rank locations that considers both collision frequency and collision rates. These findings should then be screened for patterns such as collision types and severity to aid in the determination of issues causing higher numbers of collisions and the potential countermeasures that could be most effective. Qualitative analysis should include field visits and a review of existing roadway characteristics and devices. The specific roadway context can then be used to assess what conditions may increase safety risk at the site and systematic level.
Countermeasure selection should be supported using Crash Modification Factors (CMFs). These factors are the peer reviewed product of before and after research that quantifies the expected rate of collision reduction that can be expected from a given countermeasure. If more than one countermeasure is under consideration, the LRS provides guidance on how to apply CMFs appropriately.
5.1.2 HIGHWAY SAFETY MANUAL
“The AASHTO Highway Safety Manual (HSM), published in 2010, presents a variety of methods for quantitively estimating collision frequency or severity at a variety of locations.”2 This four-part manual is divided into Parts: A) Introduction, Human Factors, and Fundamentals, B) Roadway Safety Management Process, C) Predictive Method, D) Crash Modification Factors.
Chapter 4 of Part B of the HSM discusses the Network Screening process. The Network Screening Process is a tool for an agency to analyze their entire network and identify/rank locations that (based on the implementation of a countermeasure) are most likely to least likely to realize a reduction in the frequency of collisions.
The HSM identifies five steps in this process:3
1. Establish Focus: Identify the purpose or intended outcome of the network screening analysis.
This decision will influence data needs, the selection of performance measures and the screening method that can be applied.
2. Identify Network and Establish Reference Populations: Specify the types of sites or facilities being screened (i.e., segments, intersections, geometrics) and identify groupings of similar sites or facilities.
3. Select Performance Measures: There are a variety of performance measures available to evaluate the potential to reduce collision frequency at a site. In this step, the performance measure is selected as a function of the screening focus and the data and analytical tools available.
4. Select Screening Method: There are three principle screening methods described in this chapter (i.e., ranking, sliding window, peak searching). Each method has advantages and disadvantages; the most appropriate method for a given situation should be selected.
5. Screen and Evaluate Results: The final step in the process is to conduct the screening and analysis and evaluate the results.
The HSM provides a number of statistical methods for screening roadway networks to identify high risk locations based on overall collision histories. In addition to flat collision quantities, the method used in this study is referred to as Critical Crash Rate (CCR).
2 AASHTO, Highway Safety Manual, 2010, Washington D.C., http://www.highwaysafetymanual.org/Pages/About.aspx
3 AASHTO. Highway Safety Manual. 2010. Washington, DC. Page 4-2. 557
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5.2 ANALYSIS TECHNIQUES
5.2.1 COLLISION ANALYSIS
The initial steps of the collision analysis uses the roadway classifications shown in Section 2 to divide roadways into analysis groups (Arterial, Collector, Local Connector, Local). Individual collision rates were calculated for each sub-population. The population level collision rates were then used to assess whether a specific location has more or fewer collisions than expected. These sub-populations were also used to determine typical collision patterns to help identify locations where unusual numbers of specific collision types are seen.
Network Screening Analysis
The network screening process ranks intersections and roadway segments by the number of collisions that occurred at each one over the analysis period, and then identifies areas that had more of a given type of collision than would be expected for that type of location. These collision type factors were 1) collision injury (fatality, serious injury, other visible injury, property damage only), 2) collision type (broadside, rear-end, sideswipe, head-on, bicyclist, pedestrian, other), 3) environmental factors (lighting, wet roads), and 4) driver behavior (impaired, aggressive, and distracted driving). With these additional factors, the locations were further analyzed and assigned a new rank.
From the results of the network screening analyses, a short-list of locations was chosen based on collision activity, collision severity, collision patterns, location type, and area of the City to provide the greatest variety of locations covering the widest range of safety opportunities for toolbox development.
The intent is to populate the safety toolbox with mitigation measures that will be applicable to most of the collision activity in the city. Ten locations will ultimately be selected for mitigation analysis.
Equivalent Property Damage Only (EPDO) Analysis
An Equivalent Property Damage Only analysis was also performed to highlight locations that have more serious collision types by assigning an equivalent cost depending on severity. The following costs are based on the most recent HSIP (Cycle 10) Analyzer parameters, and were assigned to each collision:
Fatal: Cost of $2,190,000 with Equivalent factor of 164.66 Severe Injury: Cost of $2,190,000 with Equivalent factor of 164.66 Moderate Injury: Cost of $142,301 with Equivalent factor of 10,70 Minor Injury: Cost of $80,900 with Equivalent factor of 6.08 Property Damage Only: Cost of $13,300 with Equivalent factor of 1 With these additional factors, the locations were sorted according to their EPDO score for consideration of including and focusing on locations with high EPDO locations.
5.3 SITE VISITS
Following the network screening and EPDO analyses, specific locations were chosen for further analysis during issues identification. Diagrams of the collisions occurring at these locations during the study period have been developed to visually display their placement and type at each location. The following eight locations (two roadway segments and six intersections) were identified for issue identification:
Roadway Segments
Limonite Avenue – Hamner Avenue to I-15 Interchange
Schleisman Road – Scholar Way to Hamner Avenue
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Signalized Intersections
Sumner Avenue & 65 th Street
Sumner Avenue & Citrus Street
Archibald Avenue & Schleisman Road
Unsignalized Intersections
Sumner Avenue & Blossom Way / Dancy Street
Scholar Way & 65 th Street
Cedar Creek Road & Schleisman Road
A site visit was conducted at these eight locations on Tuesday May 26, 2020. Site visits are an integral aspect of Systemic Safety Analysis, because they provide confirmation of existing conditions as well as visual observations are documented for use in analysis.
5.4 RESULTS
The following section displays the results of the analysis process which evaluated the collisions by cause, collision type, and location.
5.4.1 DATA ANALYSIS SUMMARY
Cause of Collision
As shown in Figure 8, the most frequent contributing factor as identified by the responding officer for collisions are unsafe speed (27%), followed by unknown/other (22%), improper turning (19%), and auto R/W violation (12%). The remaining causes make up approximately 20% of all collisions within Eastvale.
Other common reasons of collisions are unsafe starting/backing, traffic signals and signs, and driving under the influence.
Figure 8 - Collisions by Cause
12%
19%
27%
6%
2%
4%
2%
6%
22% Auto R/W Violation
Improper Turning
Unsafe Speed
Traffic Signals and Signs
Following Too Closely
Driving Under Influence
Unsafe Lane Change
Unsafe Starting or Backing
Unknown/Other
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Injury Level
Knowing the impacts of the collision (the injuries or type of damage which occurred) is a key part of assessing the environment and safety factors around the site of the collision. Over the observed time period, there was a total of 6 fatal collisions and 20 collisions resulting in serious injury, as shown in Figure 9. The locations of these fatal and serious injury collisions are shown in Figure 10. In 2020, additional fatalities occurred on roadways that are being addressed.
Figure 9 – Count of Injury/Damage by Type
0 50
100
150
200
250
300
Fatal Serious Injury Other Visible Injury Complaint of Pain Property Damage Only
2015
2016
2017
2018
2019
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Figure 10 – Fatal and Serious Injury Collision Locations
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Pedestrian
Over the span of 2015-2019, a total of 51 pedestrian-involved collisions occurred, making up 3% of all collisions within the city. Of the 51 collisions, two were fatal, three were reported with serious injury, 14 with visible injuries, and 21 with complaints of pain. Figure 11 displays the locations of these collisions and Table 3 identifies what action the pedestrian was taking at the time of collision. Most pedestrians were identified as crossing in a crosswalk at an intersection in the pedestrian-involved collisions.
Table 3 – Action of Pedestrian in Collision
Year
Pedestrian Action
Crossing in
Crosswalk at
Intersection
Crossing
Not in
Crosswalk
In Road Not in Road Not Stated Total
2015 5 3 0 0 1 9
2016 4 2 1 4 0 11
2017 3 4 1 0 0 8
2018 6 1 1 3 0 11
2019 3 2 3 4 0 12
Total 21 12 6 11 1 51
Bicycle
There were 65 bicycle-involved collisions over the study period, making up 4% of all collisions in the city.
Of the 65 bicycle-involved collisions, 17 were reported with visible injury and 32 with complaints of pain. 1 collision resulted in serious injury and none resulted in a fatality. These collisions are visually represented in Figure 12. The locations with the highest number of bicycle-involved collisions are the intersections of Scholar Way and 68th Street and Hamner Avenue and 68th Street. Both pedestrian and bicycle collisions are concentrated along Scholar Way from 65
th Street to Citrus Street. The land uses along this corridor promote a mix of different travel modes; therefore, larger numbers of bicycles are exposed to traffic at intersection crossings and roadways.
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Figure 11 – Pedestrian-Involved Collision Locations
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Figure 12 – Bicycle-Involved Collision Locations
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Aggressive Driving
Caltrans defines aggressive driving as driving behaviors that include speeding, tailgating, and other reckless maneuvers (as identified by the on-scene officer). Of the 614 aggressive driving collisions, 268 resulted in either visible injury or complaint of pain by the involved parties. Seven collisions resulted in serious injury and none resulted in a fatality. These collisions are shown on the map in Figure 13. The locations with the highest number of aggressive driving collisions are the intersections of Hamner Avenue and Limonite Avenue and Limonite Avenue and Eastvale Gateway, both with over 20 within the study period. In addition, there are approximately 15 aggressive driving collisions on Hamner Avenue between Goodman Road and Cantu-Galleano Ranch Road.
Impaired Driving
Consistent with the California Strategic Highway Safety Plan, collisions listed as impaired driving related include all collisions where there was any evidence of drug or alcohol use by the driver. More than 9% of collisions within Eastvale were associated with alcohol or drugs. This is different from impaired driving statistics in that drivers do not need to exceed the legally defined threshold of intoxication to be counted.
Caltrans considers any level of alcohol consumption to have the potential to impact driver responsiveness and decision making. Approximately 5% of collisions within Eastvale exceed the legal definition of impaired driving.
Distracted Driving
Distracted driving is challenge area that is difficult to measure. Many sources of distraction are not apparent to the responding officer, and drivers that were engaged in distracting activities often fail to report that when interviewed. Typically, there is an expectation that distracted driving is much more often a factor than is reported in statistics. These collisions had at least one involved driver engaging in another activity that took their attention away from driving, thus increasing the chance of a collision. The SWITRS database includes an attribute for inattention as a factor in collisions. It also has a field for cell phone use.
Both collisions with inattention and handheld cell phone use have been trending toward more occurrences in recent years. Of the 94 distracted driving collisions, 56 resulted in either visible injury or complaint of pain by the involved parties. No serious injury or fatal collisions were reported in distracted driving collisions.
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Figure 13 – Aggressive Driving Collision Locations
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5.4.2 HIGHEST OCCURRI NG COLLISION TYPES
According to reported data, approximately 1,766 collisions occurred within the public property of the city during the 5-year study period. However, 1,417 of the 1,766 collisions had sufficient spatial information to assign to intersections and roadway segments. Figure 14 (which includes property damage collisions in the “Other” category) shows that Rear End collisions are consistently the most common collision type within the city. 19% of all reported collisions involved lane departure. Caltrans defines lane departure collisions as ‘Head-On’, ‘Hit Object’, or ‘Overturns’.
Figure 14 - Collisions by Type
5.4.3 HIGH COLLISION INTE RSECTIONS AND CORRIDORS
The five highest collision signalized, and unsignalized intersections are shown in Table 4. Table 5 shows the five roadway segments with the most collisions for each functional classification.
Table 4 – Top Intersection Based on Collisions Only
Signalized Intersections
Intersection Total # of
Collisions
# of Fatal
Collisions
(Date)
# of
Serious
Injury
Collisions
EPDO
1 Hamner Ave & Limonite Ave 55 0 0 313
2 Eastvale Gateway & Limonite Ave 48 0 2 292
3 Archibald Ave & Schleisman Rd 33 0 0 291
4 Archibald Ave & Limonite Ave 32 1
(5/18/2017) 0 1259
0 50
100
150
200
250
300
350
400
450
2015 2016 2017 2018 2019
2015‐2019 Collisions by Type
Vehicle‐Bicyclist
Vehicle‐Pedestrian
Head‐On
Rear‐End
Broadside
Sideswipe
Other
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5 Hamner Ave & Schleisman Rd 27 0 0 185
Unsignalized Intersections
Intersection Total # of
Collisions
# of Fatal
Collisions
(Date)
# of
Serious
Injury
Collisions
EPDO
1 Applebee’s Driveway & Limonite Ave
(stop-way stop control)
20 0 0 178
2 Cedar Creek Rd & Schleisman Rd
(two-way stop control)
18 0 1 190
3 Sumner Ave & 68th St
(two-way stop control)
10 0 0 110
4 Scholar Way & 65th St
(all-way stop control)
10 0 0 125
5 Well Springs St & 68th St
(all-way stop control)
8 0 0 80
Table 5 – Top Segments Based on Collisions Only
Arterial Segments
Corridor End Segment
Streets
Segment
Length
(Miles)
Total # of
Collisions
# of Fatal
Collisions
(Date)
# of
Serious
Injury
Collisions
EPDO
1 Hamner Ave
Cantu-Galleano
Ranch Rd to
Goodman Rd
0.69 29 0 1 187
2 Limonite Ave I-15 SB Ramps to
East City Limits 0.07 17 0 0 74
3 Hamner Ave Riverside Dr to
Samantha Dr 0.38 6 0 0 78
4 Hamner Ave Eastvale Gateway
to Swan Lake 0.32 6 0 0 35
5 Limonite Ave Eastvaley Gateway
to I-15 SB Ramps 0.23 4 0 0 18
Collector Segments
Corridor End Segment
Streets
Segment
Length
(Miles)
Total # of
Collisions
# of Fatal
Collisions
(Date)
# of
Serious
Injury
Collisions
EPDO
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1 Limonite Ave Archibald Ave to
Sendero Ave 0.28 9 0 0 66
2 Limonite Ave Sendero Ave to
Harrison Ave 0.22 4 0 0 4
3 Schleisman Rd
Archibald Ave to
Marketplace at
Enclave Driveway
0.18 4 0 0 4
4 Schleisman Rd
Whitewell
Rd/Aldergate Rd to
Gympsum Creek Dr
0.27 4 0 0 4
5 Archibald Ave Wind River Rd to
Private Driveway 0.07 3 0 0 32
Local Connector Segments
Corridor End Segment
Streets
Segment
Length
(Miles)
Total # of
Collisions
# of Fatal
Collisions
(Date)
# of
Serious
Injury
Collisions
EPDO
1 River Rd Hall Rd to Private
Driveway 0.03 3 0 0 32
2 68th St Tarah St to East
City Limits 0.12 2 0 0 2
3 River Rd Hall Rd to Fuller
Ranch Rd 0.13 2 0 0 16
4 Scholar Way Citrus St to Mustang
Way 0.13 2 0 0 16
Local Segments
Corridor End Segment
Streets
Segment
Length
(Miles)
Total # of
Collisions
# of Fatal
Collisions
(Date)
# of
Serious
Injury
Collisions
EPDO
1 Oakdale St Merry Meadows Dr
to Onyx Ct 0.15 3 0 0 3
2 Orange St Scholar Way to
Calina St 0.28 2 0 0 2
3 Whitelily St Snowdrop St to
Acey St 0.14 2 0 0 2
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4 Dearborn St Tisdale St to
Havenside Ct 0.25 2 0 0 2
5 Whispering
Hills Dr
Harrison Ave to
Huntervale Dr 0.19 2 0 0 2
5.5 BENEFIT TO COST RATIO PROCESS
5.5.1 BENEFIT/COST RATIO
Benefit to Cost Ratio (B/C Ratio) is a way to compare the overall benefits against the overall cost of a project over a specified time period. The process of calculating the B/C Ratio begins with the identification of a horizon year (typically a 10- to 20-year project lifespan). The Benefit (B) of a project is the monetized value of collisions that would be prevented by the improvement over the project lifespan. The crash modification factor (CMF) is then used to reduce future year collisions over the specified time period. The Cost (C) is the initial construction cost of the project and the cost per year to maintain the project over the same time.
The B/C Ratio calculations will illustrate the expected benefits of the CMFs using four steps from the Local Roadway Safety Manual:
1. Estimation of the number of ex pected collisions without treatment
2. Application of CMFs by type and severity
3. Application of multiple CM Fs at same location/facility
4. Application of benefit of value by collision severity For step 4, the benefit discussed is evaluated in dollars. Caltrans has developed an economic analysis tool specific to safety projects titled the HSIP Analyzer. The HSIP Analyzer was used to calculate B/C Ratios for the potential countermeasures identified in this study.
The following provides an example evaluation summary of the B/C Ratio Calculations for a countermeasure at an identified project location included in the Project Sheet Templates.
Example Countermeasure – Limonite Avenue and Hamner Avenue Countermeasure: Improve signal hardware: lenses, back-plate with retroreflective borders, mounting, size, and number
Applies to all collisions
The identified countermeasure (No. S02 from the HSIP Analyzer) provides a Crash Modification Factor (CMF) of 0.85. The steps for the calculation of a high-level 20-year benefit in planning cost estimates are as follows:
The existing number of collisions at this location were identified. From this data set, collisions were separated by t heir severity (e.g. Fatal, Serious Injury, Other Visible Injury, Complaint of Pain, and Property Damage Only). To calculate the number of collisions that are un likely to occur due to the implementation of the countermeasure (over 20 years), the current collisions were multiplied by the CMF and then subtracted from the current collision total.
This number was then grown to a 20-year estimate
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The HSIP Analyzer estimates the cost, or economic value, for each collision type based on the severity.
Fatal and Serious Injury collisions have approximately the same economic value. The 20-year collision estimate was then multiplied (separately) by each of the five collision types that occurred at this intersection.
These five sets were then added together to cr eate a total (in 2020 dollars) economic benefit of $1,242,661.
The rough estimated Opinion of Probably Cost Comparison (OPCC) for this countermeasure is (in 2020 dollars) $14,000. In this B/C comparison, the benefit ($1,242,662) greatly outweighs the cost ($14,000) at a safety related high B/C ratio of 88.76.
5.5.2 COST CALCULATION
Planning level costs were developed for countermeasures using known costs from similar local projects and state sources. An assumption was made that maintenance would be required every 10 or 20 years depending on the typical life expectancy of the countermeasure; this cost was incorporated into the total cost.
6 INFRASTRUCTURE TOOLBOX
The following sections provide more information on potential safety measures that might address conditions that were observed to contribute to collision activity in the City including crash modification factors, improvements and countermeasures identified for the City of Eastvale, as well as for specific projects and locations identified as part of this analysis.
6.1 COUNTERMEASURE SELECTION PROCESS
6.1.1 CRASH MODI FICATION FACTORS
Part D of the HSM provides information on CMF for roadway segments, intersections, interchanges, special facilities, and road networks.
CMFs are used to estimate the safety effects of highway improvements and apply CMFs to compare and select highway safety improvements. A CMF less than 1.0 indicates that a treatment has the potential to reduce collisions. A CMF greater than 1.0 indicates that a treatment has the potential to increase collisions. The application of an appropriate CMF can influence the decision to implement a project, and the misapplication of CMFs can lead to misinformed decisions. Key factors to consider when applying CMFs include:
1. Selection of an appropriate CMF,
2. Estimation of collisions without treatment,
3. Application of CMFs by type and severity, and
4. Estimation of the combined effect for multiple treatments Examples of Safety Countermeasure can be found through several sources. This Report utilizes the countermeasures found in the HSIP Analyzer (https://dot.ca.gov/-/media/dot-media/programs/local- assistance/documents/hsip/2020/hsipanalyzerinstructions2020bcr.pdf) and the CMF Clearinghouse website (http://www.cmfclearinghouse.org/).
Countermeasures for each of the Case Study Locations are based on the data analysis, site visits, and stakeholder input. Additional countermeasures were identified for the high-level issues on a city-wide level.
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6.2 CASE STUDY LOCATIONS – PROJECT DEVELOPMENT
The following six case study locations were prioritized for further project development:
1. Sumner Avenue and Blossom Way/Dancy Street
2. Limonite Avenue and Hamner Avenue
3. Scholar Way and 65 th Street
4. Schleisman Road Corridor (Scholar Way to Hamner Avenue)
5. Sumner Avenue and Citrus Street
6. Archibald Avenue and Schleisman Road
The Case studies included a detailed review of local collision histories, a field review, and a stakeholder brainstorming session to identify the specific types of improvements from the infrastructure toolbox that would most directly address the observed conditions along with their planning level cost estimates and benefits. The benefit-cost results can be used to prioritize the lower-cost, higher-impact projects for near- term implementation. Larger investments can then be implemented as funding is available. For case studies with multiple solutions that would conflict with each other or be redundant, the City can select alternatives using the benefit/cost results along with a public outreach process. Analysis of additional factors such as traffic operations, environmental impacts, and investment equity should also be conducted before advancing implementation of projects that require larger levels of investment.
These site reviews were also used to identify lower-cost, higher-impact projects for near-term implementation that may be funded through the HSIP. These benefits of these projects were analyzed utilizing the CMFs identified in the HSIP Analyzer and CMF Clearinghouse. 572
Project Template: Location #1 (Intersection Project Type) Project Name: Sumner Avenue @ Blossom Way/
Dancy Street
Agency Name: City of Eastvale
Contact Name: Craig Bradshaw
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jason Melchor, P .E.
Date: October 26, 2020
Project Location Description & Maps:
Road: Sumner Ave and Road: Blossom Way/Dancy St
Examples of Similar Intersections: Scholar Way and 65th St; Scholar Way and Merry Meadows Dr; Cedar Creek Rd and Kiwi Ave Traffic and Geometric Data:
Traffic Data
Number of Approaches 4
Pedestrian Activity High
Crosswalk Condition Good
Control Type All-Way Stop
Lighting Yes
Highest Posted Speed Limit 45
Raised Median N/A
Proximity to School > 1 mile
Proximity to Transit Stop > 1 mile
Proximity to Parks Next to intersection
Collision Data
Total Collisions 2
Fatality and Injury Collisions Fatal - 0
Serious Injury - 0
Complaint of Pain - 2
Pedestrian Action (Percentage) N/A
Bicycle Factor (Percentage) N/A
Total Nighttime Collisions 1
Wet Surface Collisions 0
Drug and Alcohol Related
Collisions 0
Number of Pedestrian/Cyclist
under 15 0
Number of Pedestrian/Cyclist
over 65 0
INTERSECTION
Collision Breakdown
Veh vs. Ped Veh vs. Bike
0 0
NNN
STOP
Blossom Way/Dancy St
Sumner Ave
573
Countermeasure Evaluation
Collision
Type Potential Countermeasures
CMF
(Crash Modification
Factor)
20 Year
Safety Benefit
20 Year Rough
Estimate Cost1
Safety Related
B/C
All Install LED Stop Sign (NS06) 0.85 $97,080 $12,000 8.09 Install traffic signal (NS03) 0.70 $194,160 $820,000 0.24 Pedestrian
&
Bicycle
Extend bike lanes (R32PB) 0.65 - $11,000 -
Install High Visibility Crosswalk
(NS07) 0.75 - $24,000 -
Install Rectangular Rapid Flashing
Beacon (RRFB) (NS22PB) 0.65 - $115,000 -
Additional Notes:
• Sumner Avenue will be expanded to enhance its connection with Haven Avenue to the north - this will likely result in higher future traffic volumes
• 1 Includes maintenance, updates, and replacements (e.g. signal timing, equipment maintenance, etc.) 574
Project Template: Location #2 (Intersection Project Type) Project Name: Limonite Avenue @ Hamner
Avenue
Agency Name: City of Eastvale
Contact Name: Craig Bradshaw
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jason Melchor, P .E.
Date: October 26, 2020
Project Location Description & Maps:
Road: Limonite Ave and Road: Hamner Ave
Examples of Similar Intersections: Archibald Ave and Schleisman Ave; Limonite Ave and Sumner Ave; Hamner Ave and Bellegrave Ave
Traffic and Geometric Data:
Traffic Data
Number of Approaches 4
Pedestrian Activity Medium
Crosswalk Condition Good
Control Type Signalized
Lighting Yes
Highest Posted Speed Limit 45
Raised Median All Approaches
Proximity to School < 1 mile
Proximity to Transit Stop 500’ n/o intersection
Proximity to Parks > 1 mile
Collision Data
Total Collisions 55
Fatality and Injury Collisions Fatal - 0
Serious Injury - 0
Visible Injury - 2
Complaint of Pain - 16
Pedestrian Action (Percentage) Crossing in Crosswalk
(100%)
Bicycle Factor (Percentage) N/A
Total Nighttime Collisions 24
Wet Surface Collisions 3
Drug and Alcohol Related
Collisions 8
Number of Pedestrian/Cyclist
under 15 0
Number of Pedestrian/Cyclist
over 65 0
INTERSECTION
Collision Breakdown
Veh vs. Ped Veh vs. Bike
1 0
NNN
575
Countermeasure Evaluation
Collision Type Potential Countermeasures
CMF
(Crash Modification
Factor)
20 Year
Safety Benefit
20 Year Rough
Estimate Cost2
Safety Related
B/C
All Retroreflective borders on traffic
signal back-plates (S02) 0.85 $1,242,661 $14,000 88.76 All Advanced Dilemma Zone
Detection (S04) 0.60 $3,313,763 $88,500 37.44
All Signal coordination (S03) 0.85 $1,242,661 $50,000 24.85 Pedestrian
&
Bicycle
Leading Pedestrian Interval
(S21PB) 0.40 $226,080 $16,000 14.13
All Add westbound receiving lane
(CMF ID: 7566) 0.341
1 $5,459,425 $440,000 12.41
Additional Notes:
• Highest total collision activity in the City
• Highly congested
• 1Source: http://www.cmfclearinghouse.org/detail.cfm?facid=7566 • 2 Includes maintenance, updates, and replacements (e.g. signal timing, equipment maintenance, etc.) 576
Project Template: Location #3 (Intersection Project Type) Project Name: Scholar Way @ 65th Street
Agency Name: City of Eastvale
Contact Name: Craig Bradshaw
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jason Melchor, P .E.
Date: October 26, 2020
Project Location Description & Maps:
Road: Scholar Way and Road: 65th St
Examples of Similar Intersections: Sumner Ave and Blossom Way/Dancy St; Scholar Way and Merry Meadows Dr; Cedar Creek Rd and Kiwi Ave
Traffic and Geometric Data:
Traffic Data
Number of Approaches 4
Pedestrian Activity High
Crosswalk Condition Good
Control Type All-Way Stop
Lighting Yes
Highest Posted Speed Limit 40
Raised Median N/A
Proximity to School < 1 mile
Proximity to Transit Stop < 1 mile
Proximity to Parks Next to intersection
Collision Data
Total Collisions 10
Fatality and Injury Collisions Fatal - 0
Serious Injury - 0
Visible Injury - 3
Complaint of Pain - 5
Pedestrian Action (Percentage) Crossing in Crosswalk
(100%)
Bicycle Factor (Percentage) 3 bicycle collisions (30%)
Total Nighttime Collisions 2
Wet Surface Collisions 0
Drug and Alcohol Related
Collisions 0
Number of Pedestrian/Cyclist
under 15 4
Number of Pedestrian/Cyclist
over 65 0
INTERSECTION
Collision Breakdown
Veh vs. Ped Veh vs. Bike
2 3
CHANDLER ST
HAMNER AVE
65TH ST
RIVER RD
HARRISON AVE
SCHOLAR WAY
HELLMAN AVE
SCHLEISMAN RD
LIMONITE AVE
68TH ST
CITRUS ST
ARCHIBALD AVE
SUMNER AVE
BELLEGRAVE AVE
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community 0 0.5 10.25 Miles
´
NNN
STOP
577
Countermeasure Evaluation
Collision Type Potential Countermeasures
CMF
(Crash Modification
Factor)
20 Year
Safety Benefit
20 Year Rough
Estimate Cost2
Safety Related
B/C
All Add Advanced Limit Lines (NS07) 0.75 $858,003 $7,000 122.57 All LED Stop Sign (NS06) 0.85 $514,802 $24,000 21.45
Bicycle Add Green Paint for Bike Lanes
(NS07) 0.75 $236,501 $14,000 16.89
Pedestrian Install High Visibility Crosswalk
(NS07) 0.75 $223,201 $24,000 9.30
All Install traffic signal (NS03)
3 0.70 $3,157,451 $820,000 3.85
All Convert intersection to
roundabout (CMF ID: 7867)
3 0.381 $2,127,847 $2,250,000 0.95
Additional Notes:
• No crossing guard at this intersection
• 1Source: http://www.cmfclearinghouse.org/detail.cfm?facid=7867 • 2 Includes maintenance, updates, and replacements (e.g. signal timing, equipment maintenance, etc.) • 3 Intersection type would be determined by an Intersection Control Evaluation (ICE) 578
Project Template: Location #4 (Segment Project Type)
Project Name: Schleisman Rd Segment
Agency Name: City of Eastvale
Contact Name: Craig Bradshaw
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jason Melchor, P .E.
Date: October 26, 2020
Project Location Description & Maps:
Segment: Schleisman Road from Scholar Way to Hamner Avenue Traffic and Geometric Data:
Traffic Data
Number of Lanes 6
Pedestrian Activity Medium
Midblock Crossing No
Lighting Yes
Highest Posted Speed Limit 45 MPH
Raised Median Yes
Proximity to School < 1/2 mile
Proximity to Transit Stop <1 mile
Proximity to Parks < 1 mile
Collision Data
Total Collisions 13
Fatality and Injury
Collisions
Fatal Injury - 0
Serious Injury - 0
Visible Injury - 1
Complaint of Pain - 7
Pedestrian Action
(Percentage)
Crossing In Crosswalk
(100%)
Bicycle Factor
(Percentage)
3 bicycle collision (23%)
Total Nighttime Collisions 4
Wet Surface Collisions 1
Drug and Alcohol Related
Collisions 2
Number of Pedestrian/
Cyclist under 15 4
Number of Pedestrian/Cyclist
over 65 0
INTERSECTION
Collision Breakdown
Veh vs. Ped Veh vs. Bike
1 3
N
N
SEGMENT
579
Countermeasure Evaluation
Collision
Type Recommendation Potential Countermeasures
CMF (Crash
Modification
Factor)
20 Year
Safety
Benefit
20 Year Rough
Estimate Cost1
Safety
Related
B/C
Pedestrian
& Bicycle
Pedestrain mid-
block crossings
(signange & striping)
Install pedestrian crossing at
uncontrolled locations (signs
and markings only) (NS20PB)
0.75 $323,600 $22,000 14.71
Pedestrian
& Bicycle
Buffered bike lanes Install Separated Bike Lanes
(R33PB)
2 0.55 $582,480 $55,0003 10.59
Pedestrian
& Bicycle Curb extensions
Install/upgrade pedestrian
crossing at uncontrolled
locations (with enhanced
safety features) (R35PB)
0.65 $453,040 $200,000 2.27
Pedestrian
& Bicycle Install HAWK
3 Install Pedestrian Signal
(including Pedestrian Hybrid
Beacon (HAWK)) (NS23PB)
0.45 $711,920 $820,000 0.87
All Roundabout
Convert intersection to
roundabout (from signalized)
CMF ID: 4194
4 0.815 $589,077 $3,750,000 0.16
• 1 Includes maintenance, updates, and replacements (e.g. signal timing, equipment maintenance, etc.) • 2 Assumes striping only (not raised median)
• 3 High-Intensity Activated Crosswalk; also known as Pedestrian Hybrid Beacon (PHB) • 4 Intersection type would be determined by an Intersection Control Evaluation (ICE) • 5 Source: http://www.cmfclearinghouse.org/detail.cfm?facid=4194 580
Project Template: Location #5 (Intersection Project Type) Project Name: Sumner Avenue @ Citrus Street
Agency Name: City of Eastvale
Contact Name: Craig Bradshaw
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jason Melchor, P .E.
Date: October 26, 2020
Project Location Description & Maps:
Road: Sumner Ave and Road: Citrus St
Examples of Similar Intersections: Scholar Way and Citrus St; Scholar Way and Orange St; Harrison Ave and Whispering Hills Dr Traffic and Geometric Data:
Traffic Data
Number of Approaches 4
Pedestrian Activity High
Crosswalk Condition Good
Control Type Signalized
Lighting Yes
Highest Posted Speed Limit 45
Raised Median S leg
Proximity to School < 1 mile
Proximity to Transit Stop At intersection
Proximity to Parks < 1 mile
Collision Data
Total Collisions 12
Fatality and Injury Collisions Fatal - 0
Serious Injury - 0
Complaint of Pain - 4
Pedestrian Action (Percentage) N/A
Bicycle Factor (Percentage) 3 bicycle collisions (25%)
Total Nighttime Collisions 4
Wet Surface Collisions 2
Drug and Alcohol Related
Collisions 1
Number of Pedestrian/Cyclist
under 15 0
Number of Pedestrian/Cyclist
over 65 0
INTERSECTION
Collision Breakdown
Veh vs. Ped Veh vs. Bike
0 3
NNN
581
Countermeasure Evaluation
Collision Type Potential Countermeasures
CMF
(Crash Modification
Factor)
20 Year
Safety Benefit
20 Year Rough
Estimate Cost1
Safety Related
B/C
All
Install flashing beacon as
advanced warning (S10) 0.70 $516,000 $10,000 51.60
Install dynamic/variable speed
warning signs (R26) 0.70 $516,000 $11,000 46.91
Retroreflective borders on traffic
signal back-plates (S02) 0.85 $258,000 $14,000 18.43
Advanced Dilemma Zone
Detection (S04) 0.60 $688,000 $88,500 7.77
Signal coordination (S03) 0.85 $258,000 $50,000 5.16
Additional Notes:
• 1 Includes maintenance, updates, and replacements (e.g. signal timing, equipment maintenance, etc.) 582
Project Template: Location #6 (Intersection Project Type) Project Name: Archibald Avenue @ Schleisman
Road
Agency Name: City of Eastvale
Contact Name: Craig Bradshaw
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jason Melchor, P .E.
Date: October 26, 2020
Project Location Description & Maps:
Road: Archibald Ave and Road: Schleisman Rd
Examples of Similar Intersections: Hamner Ave and Limonite Ave; Limonite Ave and Sumner Ave; Hamner Ave and Bellegrave Ave Traffic and Geometric Data:
Traffic Data
Number of Approaches 4
Pedestrian Activity High
Crosswalk Condition Good
Control Type Signalized
Lighting Yes
Highest Posted Speed Limit 50
Raised Median All approaches
Proximity to School < 1 mile
Proximity to Transit Stop 1 mile
Proximity to Parks < 1 mile
Collision Data
Total Collisions 33
Fatality and Injury Collisions Fatal - 0
Serious Injury - 0
Visible Injury - 4
Complaint of Pain - 14
Pedestrian Action (Percentage) Crossing in Crosswalk
(100%)
Bicycle Factor (Percentage) 1 bicycle collisions (3%)
Total Nighttime Collisions 11
Wet Surface Collisions 2
Drug and Alcohol Related
Collisions 3
Number of Pedestrian/Cyclist
under 15 0
Number of Pedestrian/Cyclist
over 65 0
INTERSECTION
Collision Breakdown
Veh vs. Ped Veh vs. Bike
1 1
NNN
583
Countermeasure Evaluation
Collision Type Potential Countermeasures
CMF
(Crash Modification
Factor)
20 Year
Safety Benefit
20 Year Rough
Estimate Cost1
Safety Related
B/C
All Install flashing beacon as
advanced warning (S10) 0.70 $2,281,565 $10,000 228.16
All Retroreflective borders on traffic
signal back-plates (S02) 0.85 $1,140,782 $14,000 81.48
All Advanced Dilemma Zone
Detection (S04) 0.60 $3,042,086 $88,500 34.37
Pedestrian
&
Bicycle
Leading Pedestrian Interval
(S21PB) 0.40 $373,442 $16,000 23.34
All Signal coordination (S03) 0.85 $1,140,782 $50,000 22.82 Additional Notes:
• Pedestrian crossing clearance time is 44 seconds
• All red time is 2 seconds
• Pedestrian countdown timers being added
• 1 Includes maintenance, updates, and replacements (e.g. signal timing, equipment maintenance, etc.) 584
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6.3 PRIORITIZED PROJECTS
The case study locations informed the development of the overall countermeasure toolbox. However, the development of the prioritized projects was based on the systemic nature of the analysis. Eastvale has predominantly intersection collisions, especially at signalized intersections. Moreover, there is a high concentration of aggressive driving collisions. Due to these factors, the following four countermeasures were identified as potential citywide safety projects:
1. Traffic Signal Coordination
2. Dilemma Zone Detection
3. Retroreflective Signal Heads
4. Leading Pedestrian Intervals
Each project addresses different traffic safety concerns, including aggressive driving (i.e. speeding, tailgating, and disobeying traffic signals/signs) and pedestrian/bicyclist collisions. Each of these improvement types has been shown to reduce collisions and are all eligible for grant funding through Caltrans’ HSIP and other state and federal funding programs. The estimated cost of traffic collisions that would be saved through these improvements has been compared to the cost of implementation. Each of them has benefits that significantly exceed the cost for most locations.
6.3.1 TRAFFIC SIGNAL COORDINATION
Traffic signal coordination occurs when a group of two or more traffic signals are working together so that cars moving through the group will make the least number of stops possible. This process is achieved by coordinating consecutive traffic signals such that the green lights in one direction of travel all line up for a fixed time period. Signal coordination can improve traffic safety and efficiency in two major ways. First, it produces platoons of vehicles that can travel at more constant speeds with minimal stops. Allowing vehicles to proceed without stopping at multiple intersections also reduces rear-end conflicts. Second, signal coordination can improve the operation of turning movements, especially permitted turning maneuvers. The platooning of vehicles caused by signal coordination creates larger gaps in traffic, allowing left-turning vehicles higher acceptance gaps and reducing the frequency of potential conflict.
According to the Caltrans’ Local Roadway Safety Manual (LRSM) list of proven countermeasures, Traffic Signal Coordination has the following characteristics:
Type: Signal Modification
Countermeasure Name: Improve signal timing (coordination, phases, red, yellow, or operation) Collision Type: All
Collision Reduction %: 15%
Expected Life: 10 Years
HSIP Funding Eligibility: 50%
Systemic Approach Opportunity: Very High
The grouping of the signals to be coordinated is a very important aspect of design. The 39 signalized intersections along the city’s major corridors (Limonite, Hamner, Schleisman, and Archibald) were chosen due to their high traffic volumes, high collision activity (especially rear-ends and broadsides), and many instances of aggressive driving. The construction cost for Signal Coordination for the City of Eastvale is approximately $10,000 per intersection. Over the 2015 to 2019 analysis period, there were a total of 542 collisions at these signalized intersections, as shown in Table 6, of which 46% involved aggressive driving behavior. The total collision reduction benefit of integrating Traffic Signal Coordination at these 39 intersections is $11,736,701, while the total project cost is $618,150, resulting in a BCR of 19.0, as shown 585
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Systemic Safety Analysis Report (SSAR)
October 2020 | FINAL REPORT 53
in Table 7. The HSIP funding eligibility match is 50% for Signal Coordination projects. The City of Eastvale has match funding set aside for traffic signal improvements.
Table 6 – Collisions by Severity for Signalized Intersections along Major Corridors Collision Severity #
Fatal 1
Serious Injury 6
Other Visible Injury 36
Complaint of Pain 178
Property Damage Only 321
Total 542
Table 7 – Traffic Signal Coordination Benefit/Cost Ratio Total 10-Year
Collision Reduction
Benefit
Total Project
Cost
Benefit/Cost
Ratio
$ 11,736,701 $ 618,150 19.0
6.3.2 ADVANCED DILEMMA ZONE DETECTION
The dilemma zone is the space where drivers approaching an intersection at the onset of a yellow phase are required to choose whether to stop or proceed. The Advanced Dilemma Zone Detection system modifies traffic signal timing to reduce the number of drivers that may have difficulty deciding whether to stop or proceed during a yellow phase. This enhances safety by potentially reducing rear-end collisions associated with unsafe stopping and angle collisions associated with drivers illegally continuing into the intersection during the red phase. Dilemma Zone Detection systems minimizes the number of vehicles exposed to a dilemma zone by adjusting the start time of the yellow phase to earlier or later depending on the vehicle locations and speeds. Figure 15 shows the dilemma zone locations for vehicles traveling at higher and lower speeds, as well as the location of the Dilemma Zone Detector trap (800 – 1,000 feet from intersection stop bar).
Figure 15 – Advanced Dilemma Zone Detection Design
586
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Source: FHWA
According to the Caltrans’ Local Roadway Safety Manual (LRSM) list of proven countermeasures, Advanced Dilemma Zone Detection has the following characteristics:
Type: Signal Modification
Countermeasure Name: Provide Advanced Dilemma Zone Detection for high speed approaches Collision Type: All
Collision Reduction %: 40%
Expected Life: 10 Years
HSIP Funding Eligibility: 100%
Systemic Approach Opportunity: High
Traffic safety in the city would benefit from the installation of Dilemma Zone Detection systems due to the high concentration of speeding and other aggressive driving behaviors seen in the collision data from 2015 to 2019. This is especially true for the major corridors throughout the city, specifically Hamner Avenue, Limonite Avenue, Archibald Avenue, and Schleisman Road. The construction cost for Dilemma Zone Detection systems for the City of Eastvale is approximately $30,000 per intersection. Due to this relatively higher cost, only signalized intersections along the major city corridors were put into consideration. To further narrow the criteria, of these signalized intersections, only the ones with 5 or more rear-end collisions were chosen, resulting in a total of 16 signalized intersections. At these intersections there were a total of 391 collisions, as shown in Table 8, of which almost 50% included aggressive driving behaviors. The total collision reduction benefit of applying Dilemma Zone Detection systems at these 16 intersections is $23,471,618, while the total project cost is $708,000, resulting in a BCR of 33.2, as shown in Table 9.
Table 8 – Collisions by Severity for Signalized Intersections with 5 or more Rear-End Collisions Collision Severity #
Fatal 1
Serious Injury 5
Other Visible Injury 23
Complaint of Pain 120
587
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Property Damage Only 242
Total 391
Table 9 – Dilemma Zone Detection System Benefit/Cost Ratio Total 10-Year
Collision Reduction
Benefit
Total Project
Cost
Benefit/Cost
Ratio
$ 23,471,618 $ 708,000 33.2
6.3.3 RETROREFLECTIVE BACKPLATES
Retroreflective borders along the backplates of signal heads, shown in Figure 16, improve the visibility of the illuminated face of the signal and are more conspicuous in both the daytime and nighttime conditions.
Adding a retroreflective border to existing signal backplates is a very low-cost safety treatment with a very high systemic approach opportunity.
Figure 16 – Example of Signal Head with Retroreflective Borders along Backplate
Source: FHWA
According to the Caltrans’ Local Roadway Safety Manual (LRSM) list of proven countermeasures, Retroreflective Signal Heads have the following characteristics:
Type: Signal Modification
Countermeasure Name: Improve signal hardware: lenses, back-plates with retroreflective borders, mounting, size, and number
Collision Type: All
Collision Reduction %: 15%
Expected Life: 10 Years
HSIP Funding Eligibility: 100%
Systemic Approach Opportunity: Very High
588
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Traffic safety in the city would benefit from the installation of retroreflective borders on existing signal heads, especially at the signalized intersections along major corridors (i.e. Hamner Avenue, Limonite Avenue, Archibald Avenue, and Schleisman Road). In addition, the construction cost for Retroreflective Signal Heads for the City of Eastvale is approximately $400 per signal head. Due to this low cost, all signalized intersections along major corridors were considered, resulting in 39 total signalized intersections. 12 signal heads per intersection was assumed for a total of 468 signal heads. Over the 2015 to 2019 analysis period, there were a total of 542 collisions at these signalized intersections, as shown in Table 10, of which 27% occurred at night. The total collision reduction benefit of applying Retroreflective Signal Heads at these 39 intersections is $11,736,701, while the total project cost is $276,120, resulting in a BCR of 42.5, as shown in Table 11.
Table 10 – Collisions by Severity for Signalized Intersections along Major Corridors Collision Severity #
Fatal 1
Serious Injury 6
Other Visible Injury 36
Complaint of Pain 178
Property Damage Only 321
Total 542
Table 11 – Retroreflective Signal Head Benefit/Cost Ratio Total 10-Year
Collision Reduction
Benefit
Total Project
Cost
Benefit/Cost
Ratio
$ 11,736,701 $ 276,120 42.5
6.3.4 LEADING PEDESTRIAN INTERVAL
Leading Pedestrian Intervals (LPIs) are adjustments to signal timings that gives the pedestrian a typical 3- to 7-second head start before vehicles in the parallel direction are given the green signal indication. LPIs help reduce conflicts between pedestrians and turning vehicles and improves the visibility of pedestrians in the crosswalk. This increases the likelihood of drivers yielding and improves the overall safety of the intersection. Figure 17 shows an example rendering of an LPI phase.
Figure 17 – Leading Pedestrian Interval (LPI)
589
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Systemic Safety Analysis Report (SSAR)
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Source: FHWA
According to the Caltrans’ Local Roadway Safety Manual (LRSM) list of proven countermeasures, Retroreflective Signal Heads have the following characteristics:
Type: Ped and Bike
Countermeasure Name: Modify signal phasing to implement a Leading Pedestrian Interval (LPI) Collision Type: Ped and Bike
Collision Reduction %: 60%
Expected Life: 10 Years
HSIP Funding Eligibility: 100%
Systemic Approach Opportunity: Very High
Traffic safety in the city, specifically for pedestrian and bicycle collisions, would benefit from the integration of LPIs at existing signalized intersections. The City of Eastvale currently has a Pedestrian Countdown Head Improvement Project where funded by a previous HSIP cycle. The city would benefit from adding LPI phases at the same 44 signalized intersections chosen in that plan. The construction cost for LPIs for the City of Eastvale is approximately $5,300 per intersection. Over the 2015 to 2019 analysis period, there were a total of 43 pedestrian and bicycle collisions at these signalized intersections, as shown in Table 12. The total collision reduction benefit of applying Retroreflective Signal Heads at these 39 intersections is $7,418,659, while the total project cost is $343,970, resulting in a BCR of 21.6, as shown in Table 13.
Table 12 – Collisions by Severity for 44 Signalized Intersections in Pedestrian Countdown Head Improvement Project Collision Severity #
Fatal 0
Serious Injury 0
Other Visible Injury 8
Complaint of Pain 22
Property Damage Only 13
Total 43
590
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Table 13 – Leading Pedestrian Interval Benefit/Cost Ratio Total 10-Year
Collision Reduction
Benefit
Total Project
Cost
Benefit/Cost
Ratio
$ 7,418,659 $ 343,970 21.6
591
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7 BEST PRACTICES OPPORTUNITIES
Non-Infrastructure opportunities have also been proven to impact safety conditions of the transportation network. These education and enforcement measure opportunities are developed to target specific behavior types and populations.
Summary of Programs, Policies, and Practices for City of Eastvale Topic
Initiatives
Developed Opportunity
Active Transportation
Coordinator Have not currently developed this position Develop this position to have a
dedicated staff member focused on
active transportation issues
Safety or Active Advisory
Committee
Has a Public Safety Commission, but the focus is
not on transportation planning/safety
Develop this committee to have a
dedicated group focused on
transportation safety; or add
emphasis to existing Public Safety
Commission
Active Transportation Safety
Education Program
Current program is run by the County Public
Health department
City ATP Project has non‐
infrastructure education program
Safe Routes to School City received SB821 and ATP funds, but not specifically SRTS
Apply for grant funding for Safe
Routes to School projects
Inventory/Mapping of Active
Transportation Routes
Currently have internal GIS mapping that is not
100% up‐to‐date and is not publicly available
Continue updating GIS inventory and
work on making a portal for public
use
Traffic Calming Policies In development ‐
Inventory of Pedestrian Signs
and Signals Started one but not completed Continue developing and share publicly via an online GIS map
Speed Surveys Regularly conduct and maintain speed survey ‐ Citizen Feedback City has a smartphone app system called E‐Citizen Develop an online portal and a way to
call in for those folks that don’t have
or don’t want to use the smartphone
app
Institutional Coordination
Coordination occurs with transit providers to
ensure safe pedestrian connectivity to bus stops.
City is working to overcome institutional obstacles
that slow/prevent implementation of safety
measures
‐
School Engagement
City currently has relationship with school and
shares information via listservs. City reaches out
directly to schools when applying for safe routes
to school and other related grant applications
‐
Law Enforcement/Emergency
Service Engagement
Riverside County Sherriff's Dept does not
coordinate with municipal/adjacent jurisdictions.
Emergency services is not engaged in
transportation planning
Promote more coordination among
the Sheriff’s Dept and adjacent
jurisdictions. Include emergency
services in transportation planning
592
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Summary of Programs, Policies, and Practices for City of Eastvale Topic
Initiatives
Developed Opportunity
Pedestrian Signal Timing City has adopted policy and recently updated timing to reflect current standards ‐
Crosswalks
Most City crosswalks that have an identified need
have crosswalks; however, they sometimes
prioritize vehicle operations
Examine where crosswalks could
improve pedestrian experience and
should have appropriate traffic
control device based on the crossing
environment
Active Transportation
Volume Counting
Only collect when it is a requirement for a grant
or specific project
Take active transportation counts
more regularly
Traffic Collision Monitoring
Only actively monitors serious collisions, other
collisions are looked at only for grants and other
applications
Conduct annual review of collision
trends
Warrants for Stop Signs and
Signals
Do not have local warrants for traffic control
devices
Look at developing warrants for
traffic control devices
Complete Streets City has a brief section in the General Plan Develop more extensive Complete Streets policy
Active Transportation Master
Plan
Bicycle/pedestrian master plan has been
developed ‐
Funding for Active
Transportation
City has received SB821 and ATP grant funding in
the past
Continue applying for active
transportation funding
Transportation Demand
Management No TDM program Develop TDM program
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8 ACTION PLAN
The action plan for implementation of the SSAR should be a system for the City to use on an on-going basis to update their queue of planned projects. The City may adopt a systemic approach for including safety improvements into other maintenance and construction activities that may impact roadways identified with characteristics that contribute to safety challenges. Steps for the inclusion of this process in regular activities include:
Reference this plan in any future grant applications
Use analyses in this plan to inform future construction and maintenance activities Utilize the Countermeasure Toolbo x for future safety projects to address systemic issues Identifying similar intersection/roadway segments to those outlined in the Safety Project Sheet templates
This process will help create an avenue for the City to check that safety issues identified in existing locations are not recreated in new locations as developers and capacity enhancements are constructed.
8.1 IMPLEMENTATION STRATEGIES
Goal #6 of this Study is to develop a SSAR that identifies funding sources for identified system improvements. The following sections identify potential focus areas for the City in the near-to-mid-term, outlines the prioritization process for identifying improvements with the most impact, and provides steps for future analysis. Finally, it identifies funding sources for the development and implementation of safety projects in the City.
8.1.1 NEAR- & MID-TERM FOCUS AREAS
The opportunities identified in this report provide more of the systemic countermeasures that can be applied within the City. Over the next three to five years, it is recommended that the City concentrate its efforts on the focus areas listed below:
1. Aggressive Driving
2. Active Transportation
3. School Zones
Analysis conducted at the City-wide level indicated that these factors were some of the most frequent influences contributing to collisions within the City. The countermeasure opportunities previously discussed in this report for both systemic and project-specific improvements can be used as a basis for developing projects at locations where addressing these focus areas would be of the most benefit.
Projects that address these focused areas can be developed with a high benefit-to-cost ratio (by applying City-wide collision rates), allowing competitive projects to be developed even at sites with little to no direct collision history, but with conditions that might contribute to future collisions.
The following identify some of the potential near- & mid-term focus area projects that can be implemented City-wide and at specific locations:
General Opportunities:
Infrastructure
o Install retroreflective borders to existing traffic signal backplates o Signal coordination
o Install Advanced Dilemma Zone Detection
o Implement Leading Pedestrian Interval (LPI) phasing
o Install Intersection/Signal Ahead warning signs
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o Install speed feedback signs
o Install roundabouts
o Install high-visibility crosswalks
o Install bike lanes
o Add limit lines
o Add green paint along existing bike lanes
o Install curb extensions
Non-Infrastructure (Policies & Programs)
o Apply for grant funding for Safe Routes to School projects o Conduct annual review of collision trends
o Develop Transportation Demand Management (TDM) program o Develop a position to have a dedicated staff member focused on active transportation issues
o Take active transportation counts more regularly
o Continue applying for active transportation funding
The following location-specific opportunities have multiple countermeasures that may conflict with one other or be redundant. The City can prioritize conflicting alternatives using the benefit/cost results along with a public outreach process. Analysis of additional factors such as traffic operations, environmental impacts, and investment equity should also be conducted before advancing implementation of projects that require larger levels of investment. These opportunities are detailed further in Section 6.2.
Location-Specific Opportunities:
Sumner Avenue and Blossom Way/Dancy Street
o Extend Class II bike lane along both sides of Sumner Avenue o Install traffic signal
o Install LED stop signs
o Install high visibility crosswalks
o Install Rectangular Rapid Flashing Beacon (RRFB)
Limonite Avenue and Hamner Avenue
o Add westbound lane
o Install Advanced Dilemma Zone Detection
o Install retroreflective borders to existing traffic signal backplates o Improve signal timing and coordination
o Implement Leading Pedestrian Interval (LPI) phasing
Scholar Way and 65 th Street
o Convert intersection into roundabout
o Install traffic signal
o Install green paint along bike lanes
o Add limit lines
o Install LED stop signs
o Install high visibility crosswalks
Schleisman Road Corridor from Scholar Way to Hamner Avenue o Convert intersection into roundabout
o Install curb extension bulbouts
o Install pedestrian crossings
o Install buffered bicycle lanes on both sides of Schlesiman Road Sumner Avenue and Citrus Street
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o Install Advanced Dilemma Zone Detection
o Install retroreflective borders to existing traffic signal backplates o Improve signal timing and coordination
o Install Speed Feedback Signs
Schleisman Road and Archibald Avenue
o Install Advanced Dilemma Zone Detection
o Implement Leading Pedestrian Interval (LPI) phasing
o Install retroreflective borders to existing traffic signal backplates o Improve signal timing and coordination
o Install Speed Feedback Signs
o Install Signal Ahead Warning signs
8.2 PRIORITIZATION PROCESS
As the underlying goal of this SSAR – to approach zero (0) traffic deaths – the focus of analysis is on identifying improvements that can have the most substantial impact on reducing collisions. Locations of pedestrian and bicycle collisions were prioritized for this study based on a combination of severity and quantity. Using statistics to analyze the network for the most challenging locations in the City from a safety perspective, locations that may not yet see these challenges (but are composed of similar characteristics to those locations) should be identified as part of the ongoing safety program in the City.
The following summarized the process that was undertaken for this initial prioritization process and will subsequently need to be updated throughout its life. The first step in the prioritization process is to rank location by CCR (referenced in Section 5: Select Screening Method of the Highway Safety Manual). After all intersections and segments have been ranked, the process requires identification of:
Location with particularly high severity of collisions (fatality, serious injury) Locations with particularly high collision activity overall Locations with particularly high number of vulnerable user collisions (pedestrians and bicyclists) Patterns in this data (location, type, severity, etc.) were analyzed and used to identify emphasis areas.
At this point in the process, local knowledge should help refine priorities because to be systemic and proactive, factors beyond collision history need to be incorporated into the ranking process. The local Police Department and City Staff can identify known recent issues or challenges at the locations highlighted during the prior steps of the prioritization process. Their intimate knowledge of these locations and typical observed human behaviors provide another data point to be factored into the analysis of safety challenges. This coincides with the Local Roadway Safety Manuals’ recommendation to use a mixture of quantitative and qualitative measures to identify and rank locations.
Finally, once countermeasures are established, cost/benefit ratios based on these countermeasures are calculated. Cost/benefit ratios are the most typical prioritization metric used by grant programs to determine funding awards. The overall list of projects should then be listed by their cost/benefit ratio and bundled into funding groups. This will assist the City in prioritizing the implementation of projects that will have the highest benefit first, while still planning for other project improvements. Cost/benefit calculations will ensure that the highest ranked projects are most competitive for external funding and will lead to the greatest amount of safety improvement for the lowest possible investment.
8.3 FUTURE ANALYSIS
A key aspect of a SSAR is the continued use and update of projects over the years in order to apply to funding opportunities. For projects in the relatively near- or mid-term, intersections or road segments that 596
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are up for renovation or reconstruction (etc.) should refer to the provided Project Sheets to see where they are similar. Countermeasures can then be analyzed and applied to these projects.
To update the analysis conducted for this SSAR, follow the steps described in the analysis section of this document. This Systemic Safety Analysis Report will be most effective when it is regularly referred to for guidance.
As projects are developed and new safety data becomes available, the LRSM provides methodologies to review and analyze collision data based on collision frequency that satisfy Caltrans’ HSIP program expectations. The City’s collision database is equipped to identify intersections and roadway segments with large numbers of collisions that can be exported to GIS formats, allowing City analysts to create updated tables showing the City’s highest collision locations.
8.4 FUNDING OPPORTUNITIES
Competitive funding resources are available to assist in the development and implementation of safety projects in Eastvale. The City should continue to seek available funding and grant opportunities from local, state, and federal resources to accelerate their ability to implement safety improvements throughout Eastvale. The following is a high-level introduction into some of the main funding programs and grants for which the City can apply.
Highway Safety Improvement Program
The Highway Safety Improvement Program (HSIP) is a Federal program housed under Fixing America’s Surface Transportation (FAST) Act. This program apportions funding as a lump sum for each state, which is then divided among apportioned programs. These flexible funds can be used for projects to preserve or improve safety conditions and performance on any Federal-aid highway, bridge projects on any public road, facilities for non-motorized transportation, and other project types. Safety improvement projects eligible for this funding include:
New or upgraded traffic signals
Upgraded guard rails
Pedestrian warning flashing beacons
Marked crosswalks
California’s local HSIP focuses on infrastructure projects with national recognized crash reduction factors.
Normally HSIP call-for-projects is made at an interval of one to two years. The applicant must be a city, a county, or a tribal government federally recognized within the State of California.
Additional information regarding this program at the Federal level can be found online at:
https://safety.fhwa.dot.gov/hsip/. California specific HSIP information – including dates for upcoming call for projects - can be found at: http://www.dot.ca.gov/hq/LocalPrograms/hsip.html.
Caltrans Active Transportation Program
Caltrans Active Transportation Program (ATP) is a statewide funding program, created in 2013, consolidating several federal and state programs. The ATP funds projects that encourage increased mode share for walking and bicycling, improve mobility and safety for non-motorized users, enhance public health, and decrease greenhouse gas emissions. Projects eligible for this funding include:
Bicycle and pedestrian infrastructure projects
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This program funding is provided annually. The ATP call for projects typically comes out in the Spring.
Information on this program and cycles can be found online at:
http://www.dot.ca.gov/hq/LocalPrograms/atp/
State Transportation Improvement Program
The State Transportation Improvement Program (STIP) provides state and federal gas tax money for improvements on the state highway system. The STIP is a multi-year capital improvement program of transportation projects on and off the State Highway System, funded primarily from state and federal gas taxes. STIP programming occurs every two years. The programming cycle begins with the release of a proposed fund estimate, followed by California Transportation Commission (CTC) adoption of the fund estimate. The fund estimate serves to identify the amount of new funds available for the programming of transportation projects. Once the fund estimate is adopted, Caltrans and the regional planning agencies prepare transportation improvement plans for submittal. Caltrans prepares the Interregional Transportation Improvement Program (ITIP) using Interregional Improvement Program (IIP) funds, and regional agencies prepare Regional Transportation Improvement Programs (RTIPs) using Regional Improvement Program (RIP) funds. The STIP is then adopted by the CTC.
Southern California Association of Governments (SCAG) Sustainability Planning Grant The Southern California Association of Government’s Sustainability Planning Grant was started in 2005 to provide funding for sustainable planning and policy efforts. SCAG member jurisdictions can apply for grants for any of the following nine project types within the three project areas – Integrated Land Use, Active Transportation, and Green Region.
Integrated Land Use Project Types
SB 743 Implementation Assistance
Parking Pricing, Reduction, and Management Strategies Livable Corridor & Transit Oriented Development (TOD) Planning Active Transportation Project Types
Community-Wide & Area Plans
Regional Corridor Plans
Infrastructure Demonstrat ion Projects (Quick-Build)
Strategic Safety Plan
Green Region Initiative Project Types
Heat Island Reduction with Urban Greening and Cool Streets Electric Vehicle Charging Infrastructure Planning
The call for proposals is annual and usually opens in the Fall. Information on this program and cycles can be found online at: http://sustain.scag.ca.gov/Pages/DemoProjApplication.aspx California Senate Bill 1 (SB 1)
SB 1 is a landmark transportation investment to rebuild California by fixing neighborhood streets, freeways and bridges in communities across California and targeting funds toward transit and congested trade and commute corridor improvements.
California’s state-maintained transportation infrastructure will receive roughly half of SB 1 revenue: $26 billion. The other half will go to local roads, transit agencies and an expansion of the state’s growing network of pedestrian and cycle routes. Each year, this new funding will be used to tackle deferred maintenance needs both on the state highway system and the local road system, including:
Bike and Pedestrian Projects: $100 million
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o This will go to cities, counties and regional transportation agencies to build or convert more bike paths, crosswalks and sidewalks. It is a significant increase in funding for these projects through the Active Transportation Program (ATP). Local Planning Grants: $25 million
Addresses community needs by providing support for planning that may have previously lacked funding, good planning will increase the value of transportation investments.
Riverside County Transportation Commission Local Funding The Riverside County Transportation Commission (RCTC) distributes millions of dollars each year of local funding for the region’s transportation network. The three main local funding sources are: Measure A, Transportation Uniform Mitigation Fee Regional Arterial Roads, and Express Lanes:
Measure A ($1,022.9 million awarded between 1990 and 2017) o Measure A is a half-cent sales tax for tran sportation improvements that was approved by Riverside County voters in 1988. From 1989 to 2009, $1 billion was raised in revenue from Measure A.
o Funding goes to the three geographic areas within Riverside County: Western Riverside County, Coachella Valley, and Palo Verde Valley, in proportion to the sales tax they contribute.
Transportation Uniform Mitigati on Fee Regional Arterial Roads ($135 million programmed to date) o RCTC receives regional arterial funds from the Western Riverside Council of Governments’ Transportation Uniform Mitigation Fee (TUMF) Program. o Funds roadway improvement projects and the Community Environmental Transportation Acceptability Process projects.
Express Lanes
o Funds the development, construction, maint enance, operations of express lane projects, and repayment of federal loans that financed the 91 and 15 Express Lanes o Additional revenue must be used for future transportation improvements within these project corridors, including mainline lanes, interchanges, and public transit enhancements RCTC also delivers funding from federal and state sources. Information on these programs can be found online at https://www.rctc.org/funding-and-planning/
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4858-9307-7648 v1
RESOLUTION NO. 23-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, APPROVING THE 2023 LOCAL ROAD SAFETY PLAN (LRSP)
AND PLEDGING TO TAKE ACTION TO IMPROVE SAFETY
WHEREAS, the City had approximately 1,989 reported traffic-related collisions from 2017 through 2022, including 1,862 vehicle-related (with 4 of them resulting in fatalities), 64 pedestrian-related (with 6 of them resulting in fatalities), and 63 bicycle-related (none of which were fatal); and
WHEREAS, the estimated economic losses due to collision injuries and fatalities amounted to approximately $178 million from 2017 through 2022; and WHEREAS, the 2023 Local Road Safety Plan (LRSP) provides a framework for organizing stakeholders to identify, analyze, and prioritize roadway safety improvements on City streets; and
WHEREAS, the objective of the 2023 LRSP is to develop safety measures using the four E’s of safety: Engineering, Enforcement, Education, and Emergency Response, to provide recommended actions, projects, and programs to support increasing safety for all road users and promote safe multimodal use; and
WHEREAS, the City recognizes that the lack of appropriate and complete roadway infrastructure could affect disadvantaged residents; and WHEREAS, the City of Eastvale’s goals include protecting the safety, health, and security of its residents, businesses, employees, and visitors; and WHEREAS, successful traffic safety programs are a result of both a complete government approach (i.e. interdepartmental cooperation, coordination with emergency services, and shared initiatives with adjacent agencies) and community support of safety goals and initiatives (like the 2023 LRSP action plan); and
WHEREAS, The US Department of Transportation National Roadway Safety Strategy outlines a comprehensive approach to reducing major injuries and reducing traffic deaths, and is the first step toward a long-term goal of reaching zero traffic fatalities.
NOW, THEREFORE, the City Council of the City of Eastvale, California:
SECTION 1. Approves the City of Eastvale 2023 Local Road Safety Plan.
SECTION 2. Pledges to take action on the essential elements of traffic safety outlined in the 2023 LRSP to support the national long-term goal of achieving zero traffic deaths, 600
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including activities related to education, enforcement, engineering, evaluation, encouragement, and equity.
PASSED, APPROVED AND ADOPTED this 13th day of December, 2023. __________________________________________
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
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4858-9307-7648 v1
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 23-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 13th day of December 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
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AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 12.13
December 13, 2023
Approval of Task Order No. 10 with Fehr & Peers for the Eastvale Civic Center Site Access and Circulation Study
Prepared By:
Jimmy Chung, Public Works Director/City Engineer
Recommended Action(s)
Staff recommends that the City Council approve the Task Order No. 10 to the On-Call Agreement with Fehr & Peers for the Eastvale Civic Center Site Access and Circula,ons Study for a total not-to- exceed amount of $35,700.
Summary
The Public Works Department is commi2ed to the maintenance and opera,on of the City of Eastvale’s infrastructure. This includes ensuring the safety and quality of: streets, sidewalks, traffic signals, street lights, traffic signs, and storm drain inlets as they are proposed by our Developers within the City. Our mission is to keep the ameni,es that make Eastvale a premiere loca,on to live and raise a family and the ensure that the needs of Eastvale residents are met and exceeded every single day. The Engineering Division is responsible for the design and construc,on of private development and capital/public projects.
Fehr & Peers has been chosen from the on-call list to complete the circula,on and site access studies for the Eastvale Civic Center project due to their expertise and knowledge of subject matter.
Background
On February 26, 2020, the City Council awarded a Professional On-call Services contract to Fehr & Peers for Circula,on and Transporta,on Planning and Design Se rvices. The approval included
awarding on-call services contract to three (3) consultants including Fehr & Peers. Fehr & Peers demonstrated both the experience and qualifica,ons that meet Eastvale's needs and expecta,ons 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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during the competitive procurement process.
Efficient and effec,ve drivability and vehicular access to the Civic Center, Library, Police Sta,on, and retail commercial is crucial to the success of this project. To achieve this, comprehensive circula,on study of Civic plus retail trip demand needs to be assessed in conjunc,on with that of the residen,al demand. The developer has already provided the trip demand and queuing study for the residen,al development. This task order is to evaluate the trips generated by the City's project.
The Task Order No. 10 was approved by the City Manager in the amount of $24,700 to provide ini,al study on August 16, 2023. Through collabora,on and coordina,on with design architect and developer, it was necessar
y to perform addi,onal studies. The revised amount for this additional
coordina,on with new Civic Center site plan and developer site plan combined is addi,onal $11,000,
for the new revised total of $35,700.
The following task orders have been issued to Fehr & Peers so far. However, actual invoiced amount is less than the not-to-exceed PO amount. The contract has a not-to-exceed amount of $250,000 per fiscal year. There is sufficient capacity in this not-to-exceed amount for the approval of Task Order
10. Task
PO Amount
Services
1 $
2,800.00
Scoping Peer Review for Majestic Chino
Flight Development
2 $
5,747.50
Traffic Study Peer Review - Majestic
Chino Flight
3 $ 92.50
Vernola Ranch TIA Review
5 $
7,167.50
Archibald and Chandler Traffic Study
Review
6 $
2,657.50
Leal Specific Plan
8 $
11,784.10
General Plan Circulation Update - Add
services
9 $
6,815.00
Eastvale Vernola Limonite Peer Review
10 (Previous)
$
24,700.00
Eastvale Civic Center Site Access and
Circulation Study
10 (NEW)
$
35,700.00
Revised fee with additional coordination
with new Civic Center site plan and
developer site plan combined
11 $
1,500.00
Eastvale Mobility Element & General Plan
EIR Peer Review
Total
$
74,264.10
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Environmental
The proposed Task Order is not a project and is not subject to the California Environmental Quality Act. Any necessary environmental documents will be prepared for the development projects in accordance with CEQA to be considered by the City Council at a future hearing for this project.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: 7
Develop Branding and Identity for Eastvale
Fiscal Impact
The po
ten,al total fiscal impact for this item is $11,000. General fund budget is available in fiscal year 2023-2024 in the following account:
Fund
Account
Department
Account
Description
Budget
General
600-500-6650
Public Works
CAPITAL OUTLAY
BUILDINGS
$9,585,690
Prior City Council/Commission Action
On February 26, 2020, City Council awarded an On-Call Professional Services to Fehr & Peers.
Attachment(s)
Attachment 1 -
PSA with Fehr & Peers
Attachment 2.1 - Task Order No. 10
Attachment 2.2 - Task Order No. 10 (Add Services)
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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AGREEMENT FOR ON -CALL PROFESSIONAL SERVICES
CIRCULATION AND TRANSPORTATION PLANNING AND DESIGN SERVICES; MULTI - USE TRAIL DESIGN SERVICES]
This Agreement for On - Call Professional Services (" Agreement") is entered into as of this - 140 day of JUI 2020by and betweenthe City of Eastvale, a municipal corporation (" City") and Fehr & Peers, a California corporation (" Contractor").
City and Contractor are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Parties."
RECITALS
A. City has sought, by request for qualifications the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Contractor, following submission of its qualifications for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to be eligible to perform those services as needed and requested by the City.
C. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 " Termination of Agreement" of this Agreement, the Term of this Agreement is for three years commencing on the date first ascribed above. City may extend the Term of this Agreement two times for one year each time, for a total potential term of five years.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. a) Scope of Services. Contractor agrees to perform circulation and transportation planning and design, and multi - use trail design services ( hereinafter, the Services") as requested and authorized by the City. When the City desires to utilize Contractor for Services, the City will issue a Task Order that includes a Scope of Services to be performed and the compensation to be paid for the Services within the Task Order. Each Task Order shall be attached to this Agreement in Exhibit " A" ( e. g., the first Task Order will be Exhibit " A- 1 ", the second Exhibit " A- 2," etc.). Each Task Order is made a part of this Agreement by this reference. 1 -
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b) Schedule of Performance. The Services authorized by each Task Order shall be completed pursuant to the schedule stated in the Task Order. Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Contractor shall not be compensated for any work rendered that are in addition to or outside of the Services authorized by a Task Order unless such additional services are authorized in advance and in writing in accordance with Section 26 " Administration and Implementation" or Section 28 " Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in each Task Order for the Services identified in the Task Order. The total compensation for all Task Orders, including reimbursement for actual expenses, shall not exceed five hundred thousand dollars ($ 500, 000. 00), unless additional compensation is approved in writing in accordance with Section 28 Amendment" of this Agreement. Half of this amount shall be available for circulation and transportation planning and design services, and the other half shall be available for multi - use trail design services. The City Manager shall have the authority to approve Task Orders for Services that do not exceed the City Manager' s then - current signing authority for purchases of professional services as set forth in Section 4.06.050, as that section may be amended from time to time. All other Task Orders shall be approved by the City Council prior to the commencement of the Services. 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 the applicable Task Order include payment of labor on an hourly basis ( as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection ( c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
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c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty ( 30) days of receipt of Contractor' s correct and undisputed invoice.
d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Contractor' s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor' s work within sixty ( 60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor' s work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Contractor' s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 Indemnification" and Section 17 " insurance."
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor for the City in the course of providing the Services pursuant to this Agreement (" Work Product") 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. However, notwithstanding any provision to the contrary in this Agreement, Contractor shall retain ownership and all rights in all inventions, improvements, discoveries, methodologies, models, formats, software, algorithms, processes, procedures, designs, specifications, findings, and other intellectual properties developed, discovered, gathered, or produced by Contractor prior to, or independently of, any of its Services under this Agreement Pre- existing Materials"), including such Pre- existing Materials that Contractor may employ in the performance of this Agreement, or may incorporate into any part of the Work Product. Contractor grants City an irrevocable, non- exclusive, royalty - free, license in perpetuity to use, disclose, derive from, and transfer such Pre- existing Materials, but only as an inseparable part of the Work Product. If any third - party content is incorporated into the Work Product, such third -party content shall not become the property of City. Contractor shall secure all licenses necessary for City to utilize Contractor' s Services and the Work Product for their intended purposes If and to the extent that City utilizes for any purpose not related to this Agreement the Work Product, Contractor' s guarantees and warranties in Section 9 " Standard of Performance" of this Agreement shall not extend to such use of the Work Product.
Furthermore, any such use or reuse, or any modification of the Work Product without 3-
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the written verification or consent of Contractor will be at City's sole risk and without liability or legal exposure to Contractor and Contractor' s consultants.
All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement, with the exception of Contractor' s Background IP and any third -party content incorporated into the Work Product, shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors' work notes and drafts, which are owned by Contractor, not City.
SECTION 7. CONTRACTOR' S BOOKS AND RECORDS.
a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor' s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement.
Any and all such documents or records shall be maintained for three ( 3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546. 7, if the total compensation in Section 4 exceeds ten thousand dollars ($ 10, 000. 00), this Agreement and the Contractor' s books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three ( 3) years after final payment under the Agreement.
b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor' s address indicated for receipt of notices in this Agreement. c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor' s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in -interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
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a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred underthis Agreement or is otherwiseexpresslyconferred in writing by City. b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor' s exclusive direction and control.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor' s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
c) Neither Contractor, nor any of Contractor' s officers, employees, agents or subcontractors shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor' s indemnity obligations in Section 16 " Indemnification" of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, or its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.
SECTION 9. STANDARD OF PERFORMANCE.
Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall perform all Services in accordance with generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws 5-
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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" includeswork performedduring the design and preconstructionphases of constructionincluding, but not limitedto, inspectionand land surveyingwork.
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 completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. 611
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 liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including reasonable attorneys' fees and rj
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costs, court costs, interest, defense costs, and expert witness fees) to the extent they arise out of 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. However, in no event shall the cost to defend charged to Contractor exceed Contractor' s proportionate percentage of fault. 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 Contractor' s operations in connection with this Agreement or the operations of any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.
c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. d) City' s Negligence. The provisions of this section do not apply to claims occurring as a result of City' s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit " B" " Insurance" and made a 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 sm
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Agreement. City has an interest in the qualificationsand 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 Agreementwithout 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, 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 WE
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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: City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: Fehr & Peers
Attn: Mr. Steven J. Brown
101 Pacifica, Suite 300
Irvine, CA 92618
s. brown@fehrandpeers. com
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 10-
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he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 " Amendment" and the City Manager' s contracting authority under the Eastvale Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager' s contracting authority under Section 4. 06. 050 of the Eastvale Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City's City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City' s rights under this Agreement. All other amendments shall be approved by the City Council.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractorshall not constitute a waiver of any of the provisionsof this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U. S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
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SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney' s fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits " A" ( including all subparts of Exhibit " A") and " B", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision( s).
SECTION 34. NONEXCLUSIVITY.
This Agreement shall not preclude the City from contracting with other persons for work that could be performed by Contractor under this Agreement or utilizing City employees to perform such work.
SECTION 35. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written.
CITY OF EASTVALE
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ATTEST:
Marc Donohue
City Clerk
APPROVED AS TO FORM
Z
Chad W. Herrington
Assistant City Attorney
FEHR & PEERS
By: ;
Name: Steven J. Brown
Its: Senior Vice President
By:
Name: Marion Donnelly
Its: CFO/CorporateSecretary
NOTE: CONTRACTOR' S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO
CONTRACTOR' S BUSINESS ENTITY. CORPORATIONS AND LLCS
MUST SUBMIT DOCUMENTATION SHOWING THAT THE INDIVIDUAL
SIGNING ON ITS BEHALF HAS THE AUTHORITY TO EXECUTE THIS CONTRACT.
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Corporate Secretary' s Certificate
1, Marion Donnelly, Secretary of Fehr & Peers, a corporation organized and existing under the laws of the State of California, herebycertify that the foregoingis a complete, true and correctcopyof resolutions of the Board of Directors of the Corporation, duly and regularly adopted by the Board of Directorsof the Corporation, duly and regularly adopted bythe Boardof Directors of the Corporation in all respectsas required by law and the bylaws of the Corporationon July 10, 2019 at a meeting at which a quorum of the Board of Directors of the Corporation was present and the requisite number of such directors voted in favor of said resolutions, or by unanimous consent in writing of all members of the Board of Directors of the Corporation to the adoption of said resolutions. further certify that the said resolutions are still in force and effect and have not been amended or revoked and do not exceed the objects or powers of the Corporation or the powers of its directors.
IN WITNESSWHEREOF, I have hereunto set my hand as Secretary of the Corporation, an affixed the corporate seal of the Corporation, on July 10, 2019.
Affix Corporate Seal Here:
Marion Donnelly ( signature), SECRETARY OF Fehr & Peers, A CORPORATION 619
UNANIMOUS WRITTEN CONSENT OF DIRECTORS OF
FEHR & PEERS
The undersigned, constituting all of the directors of the corporation, acting pursuant to the authorityof 307(b) of the CaliforniaGeneralCorporationLaw, herebyadoptthe followingrecitalsand resolution, effective on the date of the last signature hereof.
RESOLVED, that the President and each director of this corporation is authorized to execute anycontractbywhichthe corporationwouldperformservicesfor anyclient, andto bindthe corporation thereto by his or her signature alone."
BEITFURTHERRESOLVED, that any executedcopyof this Resolution, duly signedashereunder, shall constitute a Certificate of Corporate Resolution in the matters hereinabove recited.
Steven Brown
Ronald T. Milam
S rah randenberg
C-;
k, af\ __ C
n
Marion Donnelly
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EXHIBIT " A"
SCOPE OF SERVICES & COMPENSATION
TASK ORDERS TO BE INSERTED HERE ONCE APPROVED. EACH TASK ORDER
MUST CONTAIN A SPECIFIC SCOPE OF SERVICE AND COMPENSATION INFORMATION FOR THOSE SERVICES.]
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TASK ORDER 1
PEER REVIEW OF TRAFFIC IMPACT ANALYSIS FOR DEVELOPMENT OF THE
LEAL PROPERT
I. SCOPE OF SERVICES
Task 1 — Peer Review
As part of this task, Consultant will review the traffic study being completed for the proposed development of the Leal Property by the proposed developers. Consultant will specifically review the following key components of the study:
1. Technical Analysis — does the study follow the City' s traffic impacts study guidelines? Consultant will also spot- check the technical calculations to ensure that appropriate assumptions were incorporated into the analysis.
2. Consistency — is the study consistent with what is currently proposed for the project, how do the findings differ from the original Leal Master Plan traffic study, and is it consistent with the City' s General Plan direction?
3. VMT Assessment — how is VMT addressed in the study? Is VMT compared to the original VMT for the Leal Master Plan to ensure that the project' s VMT has already been accounted for in the environmental documentation?
4. Good Planning — does the study reflect the goals and values of the City of Eastvale? Is it consistent with the City' s complete streets implementation policies? This will include a review of the traffic assessment assumptions and any proposed roadway capacity improvements identified in the study.
Task 2 — Meeting
Fehr & Peers will attend one virtual meeting with the City to review the findings of our peer review. The goal of the meeting will be to coordinate with City staff on any final comments we include in any formal documentation.
Task 3 — Documentation
Task 3 will consist of developing a consolidated set of comments that will be documented in a brief memorandum that will be provided to the City for their records.
Dependingon the outcome of our peer reviewand/or the results of Task 2, this final task may or may not be needed.
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II. COMPENSATION
Consultant will conduct the scope of services described herein on a time and materials basis based on the fee estimates noted below.
Task No. Description Hours Fee
1 Peer Review 12 3, 200
2 Meeting 2 600
3 Documentation 4 1, 200
Total 18 5, 000
WAW
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EXHIBIT " B"
INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A. M. Best' s rating of no less than A:VII.
Contractor shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage ( Occurrence Form CG 0001). 2) Automobile. Insurance Services Office form number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, including code 1 " any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. 3) Workers' Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement. 4) Professional Liability. Professional liability insurance appropriate to the Contractor' s profession. This coverage may be written on a " claims made" basis. 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 624
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 MR
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against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.
C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit " B". The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.
2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City or its respective elected 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.
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Task Order A-10
to
On-Call Professional Services Agreement with Fehr & Peers
A. Contractor will provide the following Services:
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3750 University Avenue | Suite 225 | Riverside, CA 92501 | (951) 274-4800 | Fax (951) 684-4324 www.fehrandpeers.com
August 14, 2023
Yurhi Choi, Principal Engineer
City of Eastvale
12363 Limonite Avenue
Eastvale, CA 91752
Subject: Eastvale Civic Center Site Access and Circulation Study P23-2296-OC
Dear Yurhi,
Fehr & Peers is pleased to provide this proposal to provide transportation engineering and planning services for the Civic Center development (“Project”) in the City of Eastvale as part of the Leal Specific Plan. The following scope of services has been prepared following conversations and correspondence with the City in support of ongoing planning projects.
Scope of Work
Task 1 – Trip Generation Estimates ($2,400)
Using the provided site plan and other information provided by the City, Fehr & Peers will estimate the number of AM, PM, and Weekend Midday peak hour trips generated by the Project using the Institute of Transportation Engineers (ITE) Trip Generation, 11th Edition. We will apply appropriate internal capture, pass-by, and shift to non-automotive modes as appropriate.
Task 2 – Forecasting ($4,800)
Using the trip generation estimates from Task 1 and existing transportation studies prepared for the Leal Specific Plan, we will develop traffic forecasts for the design year at key intersections and proposed driveways. Forecasts will be prepared for AM, PM, and Weekend Midday peak hour.
Weekend peak hour volumes will be estimated using Big Data factors to adjust weekday forecasts.
Project trips will be assigned to the project site intersections to develop Design Year With Project forecasts. Traffic Forecasts will be prepared for the following study intersections and driveways:
1. C Street and Police Station Driveway
2. C Street and Building 7 (North Parking) Driveway
3. C Street and Building 1 Driveway
4. Hamner Avenue and C Street
5. Crossing between The Arcade and The Grove
6. B Street and Library Driveway
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Yurhi Choi
August 14, 2023
7. B Street and Building 6 (South Parking) driveway
8. B Street and Building 5 (Hotel) Porte-Cochère
9. Limonite Avenue and B Street
Task 3 – Project Intersection and Driveway Operations
Assessment ($4,800)
We will analyze operating conditions at the selected study locations using methodologies outlined in the Highway Capacity Manual (HCM) 7th Edition. The operations analysis will report average intersection delay, Level of Service (LOS), and queueing/stacking at intersections and turn pockets. Peak Hour traffic signal warrants will be performed at unsignalized intersections. We will recommend appropriate intersection control (stop-controlled, roundabout/traffic circle, traffic signal), intersection lane geometrics, and turn pocket lengths based on our assessment.
Task 4 – Site Access
We will utilize our analysis from Task 4 to provide access recommendations Task 4.1 – Parking Access ($2,400)
We will evaluate the access to/from each of the parking structures (study areas 2 and 7) during Weekday AM, Weekday PM, and Weekend Midday peak hours, and review stacking to ensure adjacent intersections are not blocked.
Task 4.2 - Porte-Cochère Access ($2,400)
We will evaluate the Porte-cochère access to Building 5 (Hotel) and provide recommendations to circulation, including evaluation of queueing capacity and access. Possible recommendations may include additional turn pockets, turn restrictions, or other traffic management treatments.
Task 5 – On‐Site Circulation for Non‐Auto Modes and
Connectivity ($2,400)
We will review the on-site circulation of pedestrians, cyclists, and other non-auto modes for the project site. This will include assessing treatments to improve pedestrian access for the study area between The Arcade and The Grove.
Task 6 – Technical Memorandum ($5,500)
We will summarize our analyses from Tasks 1 through 7 in a technical memorandum. A draft memorandum will be submitted to the City for review. We will revise the draft memorandum based on one round of consolidated comments and resubmit as final. 629
B. Compensation for the foregoing Services will be as follows:
630
Yurhi Choi
August 14, 2023
Fee Proposal
Our fee to conduct tasks 1 through 6 from the scope of work described above is $24,700 to be billed on a fixed-fee basis. Any additional work requested outside of this scope of work will be scoped and budgeted on a fixed-fee basis with prior authorization from the client. We can begin upon receipt of a task order from the City.
If you have any questions, please call us at 949-308-6300.
Sincerely,
FEHR & PEERS
Paul Herrmann, P.E.
Senior Associate
631
Task Order A-10 (Add Services)
to
On-Call Professional Services Agreement with Fehr & Peers
A. Contractor will provide the following Services:
632
3750 University Avenue | Suite 225 | Riverside, CA 92501 | (951) 274-4800 | Fax (951) 684-4324 www.fehrandpeers.com
November 15, 2023
Yurhi Choi, Principal Engineer
City of Eastvale
12363 Limonite Avenue
Eastvale, CA 91752
Subject: Add Services Request for Eastvale Civic Center Site Access and Circulation Study
OC23-8090.08
Dear Yurhi,
Fehr & Peers is pleased to continue to support the City in its planning for the Civic Center development as part of the Leal Specific Plan with this add-on scope of services. The following scope of services has been prepared following conversations and correspondence with the City in support of ongoing planning projects.
Background
The following assumptions in the Civic Center Site Access and Circulation Study have changed, requiring modifications to study forecasting and operations analysis:
• The Connector Service Road will be shifted northwesterly align with the following proposed driveways:
o The driveway on B Street for the multi-family residential development in PA-2. o The driveway on C Street for the residential development in PA-4, recognizing this is likely to also shift north (a minimum of 90 feet east of the proposed police access driveway).
• The relocation of the Connector Service Road will affect the location of the proposed parking garages. Alternative locations and access designs need to be considered as part of an updated effort.
• Access to the proposed hotel at the northeast corner of Limonite Avenue and B Street will be provided via a porte-cochere along B Street which will now also be the main access to hotel parking. This change will restrict public parking access off Limonite Avenue but will retain delivery and employee access for the hotel and adjacent commercial building. • A second northbound lane will be provided on B Street between Limonite Avenue and the Connector Road (two northbound lanes total), creating queueing space for queueing traffic entering the hotel porte-cochere. This second lane will end as a trap right-turn only lane at the Connecter Service Road intersection.
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Yurhi Choi
November 15, 2023
• A second westbound lane will be provided on C Street (two westbound lanes total), which will end as a trap left lane at the new Connector Service Road intersection. • One full access driveway to the civic center parking (not intended for public parking) will be provided along C Street between the Connector Service Road and Hamner Avenue. • Access to the proposed grocery store retail plaza at the northwest corner of Limonite Avenue and B Street will be provided along Limonite Avenue and B Street. These driveways are assumed to be right-in/right-out only.
• Project land use assumptions:
o All square footage and land uses for the Civic Center Project will remain consistent with those used for the initial circulation study.
o PA 2 contains 320 MF DU and 20 KSF Supermarket.
o PA 4 contains 360 MF DU and 25 KSF retail use.
Scope of Work
Fehr & Peers will update the Civic Center Site Access and Circulation Study with the above site plan modifications and assumptions under the following parking garage scenarios:
o One proposed parking structure at the northwest corner of B Street and Connector Road, with one access driveway from Connector Road.
o The same above structure with a second driveway from B Street. o A second parking structure located at the southeast corner of C Street and Connector Road, with one access driveway from Connector Road.
o The same above structure with a second driveway from C Street.
The analysis will provide thresholds for designing parking structure access, including sizing the structures (number of spaces), access points, intersection control and lane geometrics. Our operations analysis, consistent with methodologies outlined in the Highway Capacity Manual (HCM) 7th Edition, will report intersection delay and Level of Service (LOS), and queuing at study intersections and turn pockets. We will provide recommendations appropriate to the given scenario including intersection control type, intersection lane geometrics, and turn pocket lengths.
We will summarize our analysis in a technical memorandum. A draft memorandum will be submitted to the City for review. We will revise the draft memorandum based on one round of consolidated comments and resubmit as final.
Schedule
Fehr & Peers has started work from a notice to proceed starting Friday November 3, 2023. Fehr & Peers will provide initial draft results for discussion with the team by Monday November 20, 2023.
Fehr & Peers will provide an updated draft document by Wednesday November 29, 2023. 634
B. Compensation for the foregoing Services will be as follows:
635
Yurhi Choi
November 15, 2023
Fee
Our fee to conduct the above scope of work described above is $11,000 to be billed on a fixed- fee basis. Any additional work requested outside of this scope of work will be scoped and budgeted on a fixed-fee basis with prior authorization from the client.
If you have any questions or comments, please reach out directly to Paul Herrmann at (949)308- 6318.
Sincerely,
FEHR & PEERS
Paul Herrmann, P.E.
Senior Associate
636
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 12.14
December 13, 2023
Approval of Professional Services Agreement with GeoCon West Inc. for the Preliminary Environmental Site Assessment at Potential Public Works Yard Sites
Prepared By:
Jimmy Chung, Public Works Director/City Engineer
Recommended Action(s)
Staff recommends that the City Council:
1 .
Approve the Professional Services Agreement with Geocon West Inc. (Geocon) for a total not- to-exceed amount of $20,000 for the preliminary environmental site assessment at poten.al Public Works Yard sites; and,
2 .
Approve and Adopt Resolu.on 23-XX Amending the 2023-24 Fiscal Year Opera.ng Budget for Environmental Site Assessment (ESA) and;
3 .
Authorize the City Manager to execute all necessary documents.
Summary
Public Works Yard is a facility where all maintenance and construc.on related equipment and associated infrastructure supplies and parts are stored. It also provides office, mee.ng, locker room, and break space for all maintenance, inspec.on, and other field staff. To acquire a property for future Public Works Yard, an ESA phase 1 should be performed prior to purchasing the property, to determine whether or not any environmentally hazardous material exist on site. If phase 1 assessment determines hazardous material exists, addi.onal tes.ng (phase 2) is required to assess severity and mitigation measures.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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GeoCon, an expert in this field, has provided a fee to provide this service. Lump sum fee of $4,200 for phase 1. The finding from phase 1 report will determine if phase 2 is needed. Amount of work required for phase 2 assessment is unknown prior to the comple.on of phase 1 assessment so an accurate fee for phase 2 cannot be determined at this moment. From GeoCon's experience, they es.mate approximately $7,000 for the phase 2 assessment. It likely that phase 1 assessment will suffice but for the interest of .me and efficient workflow, if phase 2 is required, staff is reques.ng for contract approval for $4,200 for phase 1 and con.ngency of $15,800 for phase 2. Actual cost of phase 1 assessment is a lump sum amount so if phase 2 assessment is not required, only $4,200 will be paid as part of this contract.
Background
The Public Works Team is commiHed to the maintenance and opera.on of the City of Eastvale’s infrastructure. This includes ensuring the safety and quality of: streets, sidewalks, traffic signals, street lights, traffic signs, and storm drain inlets. Through ini.a.ves such as the Capital Improvement Program, we ac.vely improve the City’s infrastructure. Our mission is to keep the ameni.es that make Eastvale a premiere loca.on to live and raise a family and we work hard to make sure the needs of Eastvale residents are met and exceeded every single day.
In order to perform daily du.es more effec.vely and efficiently, it is crucial to have the maintenance yard. Several locations have been considered for future Public Works Yard.
The purpose of the Phase 1 ESA will be to obtain informa.on regarding the poten.al presence of hazardous substance or petroleum product impacts at the Site. The Phase I ESA will be performed in general accordance with the American Society for Tes.ng and Materials (ASTM) Designa.on E 1527- 21 Standard Prac.ce for Environmental Site Assessments: Phase I Environmental Site Assessment Process and in accordance with the requirements of 40 Code of Federal Regula.ons (CFR) Part 312 .tled Standards and Prac.ces for All Appropriate Inquiries (AAI). Based on the findings of the ESA, Phase II Environmental Sampling and Testing will also be performed on the Site.
In order to perform the Phase I ESA, a permission to enter the Site will be required from the current property owner.
Environmental
Pursuant to Sec.on 15378 of the CEQA Guidelines, the item is not considered a project, thus, no environmental review is required.
Strategic Plan Action - Priority Level: 1
| Target #: E
| Goal #: A
The proposed contract contribute to the development of a Public Works Yard that will support the maintenance of Downtown Eastvale, Civic Center, Library, Civic Park, and a Police Sta.on which can significantly aHract businesses and retailers to establish their presence in the City and create a “Destination Eastvale” with high-quality and unique businesses Develop and Construct Civic Center Fiscal Impact
The total fiscal impact for the contract is $20,000.
There is sufficient budget in the General Fund,
account number
100-320-6490,
in order to cover the full cost of the professional services agreement
. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
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Prior City Council/Commission Action
There is no prior City Council/Commission Action on this item.
Attachment(s)
Attachment 1 - Professional Services Agreement
Attachment 2.1 - Exhibit A to PSA
Attachment 2.2 - Exhibit B to PSA
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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AGREEMENT FOR SERVICES
[Geotechnical Investigation]
This Agreement for Services (“Agreement”) is entered into as of this _____ day of December, 2023 by and between the City of Eastvale, a municipal corporation (“City”) and Geocon West, Inc., a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by 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.
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) 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 640
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Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed twenty thousand dollars ($20,000.00), 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), 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.”
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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 representations 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.
(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 642
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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 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 643
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performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction” includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Contractor shall not discriminate, in any way, against any person on the basis of race, 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.
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SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor represents 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 represents that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will perform non-related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be 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 645
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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 (including reimbursement of reasonable defense costs) and hold harmless City and its officials and employees (“Indemnified Parties”) from and against liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs, including reasonable attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) to the extent caused by, in whole or in part, any negligent act, error, omission, or willful misconduct of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. To the extent Civil Code section 2782.8 is applicable to Contractor’s scope of services set forth herein, in no event shall the cost to defend charged to Contractor exceed Contractor’s proportionate share of fault.
(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 and officials 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 reasonable attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this 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 646
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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 negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the City.
Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
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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, 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. 648
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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: Community Development Director
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: Geocon West, Inc.
Attn: Lisa Battiato, Regional Manager
41571 Corning Pla, #101
Murrieta, CA 92562
With a copy to: Geocon West, Inc.
Attn: Jelisa Adams, Vice President
2807 McGaw Avenue
Irvine, CA 92614
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. 649
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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.
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. ATTORNEY’S 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 650
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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.
[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
GEOCON WEST, INC.
____________________
Joseph J. Vettel, CEO
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A-1
EXHIBIT “A”
SCOPE OF SERVICES
Contractor shall perform the following geotechnical investigation services to perform an Environmental Site Assessment (ESA) to provide information regarding the potential for existing hazardous substances/petroleum hydrocarbon impacts to the property. See attached for the scope of services.
653
B-1
EXHIBIT “B”
COMPENSATION
Contractor shall be compensated on a time and materials basis, with total compensation not to exceed $20,000.00. Contractor shall use the attached 2023 Schedule of Fees – RV23.
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C-1
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. 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.
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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:
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 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 656
C-3
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 pursuant to the terms included in this Exhibit “C” to the extent applicable to the subcontractor’s scope of work and trade.
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.
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78-075 Main Street #G -203 ■ La Quinta , California 92253 ■ Telephone 760 .625.9081
Proposal No. IE-5127
November 10, 2023
City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, California 91752
Attention: Mr. Jimmy Chung, P.E., Public Works Director/City Engineer
Subject: PROPOSAL PHASE I ENVIRONMENTAL SITE ASSESSMENT 14835 AND 14821 CHANDLER STREET
EASTVALE, CALIFORNIA
Dear Mr. Chung:
In accordance with your r equest, we are pleased to submit our p roposal to perform a Phase I Environmental Site Assessment (ESA) of Assessor’s Parc els 144 -080-010 and -011 along Chandler Street in Eastvale, California. We understand that the city is considering purchasing these parcels as a site for future city services development.
In addition to this ESA proposal, you have requested Geocon provide an estimate for a P hase II Environmental Sampling and Testing. The type and frequency of sampling in the PH II will depend on the findings of the ESA, therefore we cannot provide an accurate estimate at this time. However, based on a curs ory review of contaminated sites in California, we expect that significant environmental contamination is not present within these parcels. Based on previous experience performing PH II services, we expect that the PH II for these parcels could be performed for $7,000 to $10,000, if it is needed.
SCOPE OF WORK
It is understood that the Client requested the performance of an ESA to provide information regarding the potential for existing hazardous substances/petroleum hydrocarbon impacts to the property.
The purpose of the Phase I ESA will be to obtai n information regarding the potential presence of hazardous substance or petroleum product imp acts at the Site. We will perform the Phase I ESA in general accordance with the American Society for Testing and Materials (ASTM) Designation E 1527-21 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.
We will also conduct the Phase I ESA in accordance with the requirements of 40 Code of Federal Regulations (CFR) Part 312 titled Standards and Practices for All App ropriate Inquiries (AAI), as required under Sections 101(35)(B)(ii) and (iii) of the Comprehen sive Environmental Response, Compensation, and Liability Act (CERCLA). The purpose of conducting an AAI-compliant investigation into the previous ownership and uses of a property is to meet the provisions necessary for the landowner, 658
Proposal No. IE-5127 November 10, 2023 - 2 -
contiguous property ow ner, and/or bona fide prospective purchaser to qualify for certain landowner liability protections under CERCLA.
In order to perform the Phase I ESA in accordanc e with ASTM and AAI guidelines, we request that, if possible, the current property owner (or the Client) provide:
• permission to enter the Site;
• names and telephone numbers of persons familiar with the Site; • a description of the planned use of the Site;
• any specialized knowledge regarding the Site;
• any commonly known or reasonably ascertainable information regarding the Site; • any site-related documents; and
• a historical chain -of-title report from a title company (as an alternative, we can order an environmental lien report for an additional fee).
We propose to assess the Site and vicinity for the p otential presence of hazardous substance and/or petroleum product impacts (i.e., levels warranting regulatory cleanup action). For the purposes of this Phase I ESA, the “vicinity” of the Site is defined as properties/facilities within ¼ mile of the Site.
The Phase I ESA services will include:
• a reconnaissance of the Site to assess for the presence or make visual observations of indicators of the potential presence, of hazardous materials, hazardous wastes, or soil and/or groundwater impacts on the Site. These indicators may include 55 -gallon drums, underground and aboveground storage tanks, chemical containers, waste storage and disposal areas, industrial facilities, discolored surficial soils, electrical transformers that may contain polychlorinated biphenyls, and areas conspicuously absent of vegetation. If access is unavailable to any portions of the Site, our ability to complete the assessment described herein may be hindered. Assessment of the Site for wetlands, asbestos -containing building materials, lead-containing paint, lead in drinking water, radon, methane gas, per- and polyfluoroalkyl substances, and naturally occurring substances such as arsenic and asbestos are not included in the Phase I ESA services. • performing a visual survey of adjoining a nd adjacent properties from the Site and from public thoroughfares to observe general types of land use surrounding the Site. • reviewing the Standard Environmental Records Sources: Federal and State as referenced in ASTM Designation E 1527 -21 and 40 CFR Par t 312 to obtain information regarding the potential presence of hazardous substances and/or petroleum products on the Site or on properties located within the appr oximate minimum search distance specified for each source.
The records we search will include registries or publicly available lists of recorded engineering and institutional controls, and recorded land use restrictions for properties/facilities with the potential to impact or have impacted the Site.
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Proposal No. IE-5127 November 10, 2023 - 3 -
• reviewing reasonably ascertainable regulatory agency files for the Site and/or properties in the vicinity of the Site with environmental conditions that could potentially impact the Site. The sources for these files could include the Santa Clara County Department of Environmental Health, the California Regional Water Quality Control Board, and the California Department of Toxic Substances Control.
• contacting local public agencies by telephone or in writing to ob tain readily ascertainable information regarding underground storage tank permits, agricultur e-related permits and violations, air emission permits and violations, and electrical transformers. We will obtain this information for the Site and adjoining and adjacent properties. The agencies we contact may include the building department, the local a ir pollution control agency, the agricultural commissioner’s office, and gas and/or electric utility companies, as appropriate. • reviewing pertinent and reasonably ascertainable information sources to evaluate physiographic, geologic, and hydrogeologic conditions in the vicinity of the Site. • reviewing EDR Sanborn, Inc. Fire Insurance Maps for the Site and vicinity (if available) to obtain information concerning the h istorical uses of the Site and the potential presence of former or existing underground storage tanks on the Site. • reviewing and interpreting reasonably ascertainable historical aerial photographs to obtain information concerning the historical use of the Site and adjacent properties. • reviewing historical United States Geological Survey topograph ic maps to obtain information relative to the topography of the Site, as well as previous development and uses of the Site and properties located in the vicinity of the Site.
• reviewing documents provided by the Client, at their discretion. Potentially usef ul documents may include geotechnical, geologic, and environmental reports, site plans, plot plans, and correspondence with regulatory agencies.
• reviewing Californ ia Department of Conservation, Geologic Energy Management Division records to obtain informat ion regarding the locations of potential oil and gas wells on the Site or in the site vicinity.
• reviewing recorded land title (chain -of-title) records for the Sit e in accordance with the requirements identified in 40 CFR Part 312, if requested. The purpos e of obtaining a chain-of- title report is to assess whether any requirements regarding engineering and institutional controls have been recorded for the Site, and whether any land use restrictions and/or environmental cleanup liens are associated with the Site. As an alternative, we can order an environmental lien report for the Site for an additional fee. • conducting interviews in person, by telephone, or in writing with present and past tenants/owners of the Site to evaluate if present or past occupants have used, generated, stored, or disposed of hazardous substances and/or petroleum products onsite. • preparing a report summarizing the findings of the Phase I ESA an d qualitatively describing the potential for environmental impairment of the Site. We will al so provide recommendations in the report for additional environmental assessment of the Site, if warranted.
660
Proposal No. IE-5127 November 10, 2023 - 4 -
The following assumptions have been incorporated in this proposal. • The requested services are not part of a trust or corporate, Small Business Adm inistration, or pre-foreclosure real estate Phase I ESA, nor is it required to meet Freddie Mac or Fannie Mae requirements.
• There are no Client -specific report format requirements for the Phase I ESA. We will use our standard report format that meets federal AAI and ASTM Phase I ESA standards. • An environmental lien report is not included in this quotation; Geocon will rely on the Client to provide lien data. If re quested, environmental lien data can be provided for an additional $290 for the first parcel and $115 each subsequent parcel having the same owner as the first parcel. • Based on the size of the Site, multiple database area searches, multiple sets of histori cal aerial photographs and historical topographic maps will not be required from the environm ental database vendor (EDR). EDR will survey records for facilities and properties within a maximum of 1.0 mile beyond the site boundaries, as required in the AAI and ASTM standards. • Water supply well information other than location and identification is not included. • Geocon has based our fee on performing one visit to the Site and that one day will be sufficient for the site reconnaissance.
• We will prepare a separ ate final Phase I ESA report for the Client. We will provide one electronic version (pdf) to the Client and bound hard copies of the reports upon request. • We will perform the Phase I ESA for the Client on a standard turnaround time based on the identified dates of completion indicated in the schedule below. We will note any required information that cannot be obtained within the assessment and reporting period in the report with an assessment of how the missing information impacts the report findings and conclusions.
• Reliance letters are not included in this cost proposal but can be provided upon request.
661
GEOCON WEST, INC • 41571 Corning Place, Suite 101, Murrieta, A 92562 www.geoconinc.com • 951.304.2300
GEOTECHNICAL
ENVIRONMENTAL
MATERIALS 2023 Schedule of Fees – RV23
PROFESSIONAL SERVICES
Word Processor/Non-Technical Assistant/Draftsman .................................................................................................................................................. $90/hr.
Engineering Assistant/Lab Technician. ......................................................................................................................................................................... $90/hr.
Engineering Field Technician ........................................................................................................................................................................................*80/hr.
Senior Field Technician .................................................................................................................................................................................................*80/hr.
Special Inspector (Concrete, Rebar, Masonry, Welding, etc.) .....................................................................................................................................*90/hr.
Field Technician Supervisor ....................................................................................................................................................................................... *120/hr.
Staff Engineer/Geologist ............................................................................................................................................................................................. *125/hr.
Sr. Staff Engineer/Geologist ....................................................................................................................................................................................... *135/hr.
Project Engineer/Geologist ......................................................................................................................................................................................... *145/hr.
Senior Project Engineer/Geologist ............................................................................................................................................................................. *155/hr.
Senior Engineer/Geologist .......................................................................................................................................................................................... *165/hr.
Associate Engineer/Geologist ..................................................................................................................................................................................... *175hr.
Principal Engineer/Geologist/Litigation Support .......................................................................................................................................................... 400/hr.
Attorney Fees (General) ............................................................................................................................................................................................. $500/hr.
Deposition or Court Appearance ................................................................................................................................................................................ $550/hr.
Overtime/Saturday Rate/Night Rate (7pm – 6am w/ 8 Hr minimum per call out) ...................................................................... 1.5 X Regular Hourly Rate Sunday and Holiday Rate ................................................................................................................................................................ 2 X Regular Hourly Rate Minimum Field Services Fee per call-out, 4 hrs (if 4 hrs or less), 8 hrs (if more than 4 hrs and less than 8 hrs) Short-Notice Cancellation 4 hrs (if after 4 pm of the day prior to the scheduled inspection time) Short-Notice Cancellation, 4 hrs (upon or after arrival at jobsite) *Prevailing Wage (PW) California Labor Code §1720, et. Seq. add $45/hr.
TRAVEL
Personnel................................................................................................................................................................................................. Regular Hourly Rate Subsistence (Per Diem) ................................................................................................................................................................. Quote Based on Location Vehicle Mileage ........................................................................................................................................................................................................ 0.75/mile
EQUIPMENT & MATERIALS
*Nuclear Density Gauge/Sand Cone Testing Equipment ............. $10/hr. Water Buffalo ................................................................................. $75/ea. *Vehicle ............................................................................................ $10/hr. Battery-Powered Pump .............................................................. $100/day *Special Inspection Equipment ........................................................ $5/hr. Water Level Indicator .................................................................... $50/day Coring Machine (concrete, asphalt, masonry) .......................... $285/day Perforated 3” PVC Pipe ............................................................... $45/10ft.
Generator..................................................................................... $150/day Gravel ............................................................................................ $30/bag Double Ring Infiltrometer ............................................................$200/day Sand ............................................................................................. $30/bag GPS Unit ...................................................................................... $175/day AC Cold Patch .............................................................................. $30/bag Pick-up Truck .............................................................................. $150/day Quick Set PCC Patch ................................................................... $30/bag Mobile Laboratory with Lab Technician .................................. $1,650/day Temp Marking Paint ..................................................................... $15/can Drive-Tube Sampler ..................................................................... $60/day Lath Bundle .................................................................................. $100/ea.
Hand-Auger .................................................................................. $50/day Air Compressor ........................................................................... $150/day Dynamic Cone Penetrometer .................................................... $250/day Soil Sample Tube .......................................................................... $15/ea.
Manometer ................................................................................. $100/day Percussion Hammer Drill ........................................................... $125/day Schmidt Hammer ....................................................................... $100/day ....................................................................................................................
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GEOTECHNICAL
ENVIRONMENTAL
MATERIALS 2023 Schedule of Fees – RV23
LABORATORY TESTS
COMPACTION CURVES SOIL AND AGGREGATE PROPERTIES
(D698/D1557/T99/T108) 4-inch mold ............................................... $220 (D422/T88) Particle Size, Hydrometer w/out Sieve .......................... $165 (D698/D1557/T99/T108) 6-inch mold ............................................... $230 (C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash ................ $150 (CT 216) California Impact ................................................................. $230 (C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash ................ $115 Check Point ........................................................................................ $100 (C136/D6913/T27) Sieve, Coarse or Fine No #200 Wash ............... $100 (D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) ................. $150 (C117/D1140/T11) Materials Finer than #200 .................................... $90 (D1632/CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) ............ $50 (D2216/T265/CT226) Moisture Content .............................................. $30 (D1633/CT312) Soil Cement Comp. Strength (Set of 3) ................. $300 (D2487/D2488) Visual Soil Classification ............................................ $30 (D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) ......... $100 (D2937) Density of In-Place Soil, Drive-Cyl. Method .......................... $45 SOIL AND AGGREGATE STABILITY (D4943) Shrinkage Factors of Soils, Wax Method .............................. $55 (D2844/CT301) Resistance Value .................................................... $290 (C131/C535/CT211) L.A. Abrasion Resistance ................................ $200 (D2844/CT301) Resistance Value, Treated...................................... $295 (C142/T112) Clay Lumps and Friable Particles ................................ $170 (D1883) California Bearing Ratio ...................................................... $530 (C123/T113) Light Weight Particles ................................................... $245 (C977) Stabilization Ability of Lime .................................................... $185 (D3744/CT229/T210) Durability Index Fine ...................................... $190 (D1883) Calif. Bearing Ratio (Army Corp of Engineers) ................. $105 (D3744/CT229/T210) Durability Index Coarse .................................. $225 CHEMICAL ANALYSIS (CT227) Cleanness Value .................................................................. $170 (G187/CT643/T288) pH and Resistivity ............................................ $135 (D4791) Flat & Elongated Particles ................................................... $165 (D4972/T289) pH Only ......................................................................... $30 (D693/CT205) Percent Crushed Particles ......................................... $145 (CT417) Sulfate Content .................................................................... $100 (D5821) Percent. of Fractured Particles, Coarse Aggregate............ $140 (CT422) Chloride Content .................................................................... $55 (C40/CT213/T21) Organic Impurities .................................................. $75 (D2974) Organic Content ..................................................................... $50 (C235) Soft Hardness (Scratch Hardness) ...................................... $100 PERMEABILITY, CONSOLIDATION AND EXPANSION (C88/CT214/T104) Sulfate Soundness ............................................. $410 (D5084) Permeability, Flexible Wall .................................................. $270 (C1252/T304) Uncompact. Void Content, Fine Aggregate .............. $150 (D5856) Permeability, Rigid Wall ...................................................... $260 (C127/CT206/T85) Coarse Specific Gravity ...................................... $125 ( D2434) Permeability, Constant Head ............................................. $280 (C128/CT207/T84) Fine Specific Gravity .......................................... $150 (D2434) Permeability, FHA Slab-on-Grade ...................................... $110 (D854/CT209/T100) Specific Gravity of Soil ..................................... $150 (D2434) Permeability, Hourly .............................................................. $55 (C29/CT212/T19) Unit Weight & Percent Voids.................................. $90 (D2435/T216) Consolidation (6 pts. w/ Unload) ............................... $350 (D2419/CT217/T176) Sand Equivalent ............................................. $110 (D2435/T216) Consolidation Additional Point w/ Unload ................... $65 (D4318/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit) ............... $165 (D4546) Swell/Compression Testing & Density................................ $120 (D4318/CT204/T89) Liquid Limit .......................................................... $95 (D4546) Swell/Settlement Testing & Density (ea. addtl. pt.) ............. $85 (D4318/CT204/T90) Plastic Limit ......................................................... $95 (D4546) Swell/Settlement Testing & Density (County) .................... $100 (C330) Spec. for Lightweight Aggregates, Struc. Concrete .......... Quote (D4546) Swell/Settlement Testing & Density (FHA) .......................... $90 SHEAR STRENGTH (D4829) Expansion Index of Soils ..................................................... $160 (D2166) Unconfined Compression .................................................... $100 .................................................................................................................... (D3080/T236) Direct Shear (3 points) .............................................. $295 .................................................................................................................... (D3080/T236) Remolded Direct Shear (3 points) ............................. $300 .................................................................................................................... (D3080/T236) Direct Shear Addtl. Points/ea. residual pass ............. $115 .................................................................................................................... (D2850) Unconsolidated-Undrained Triaxial Shear .......................... $160 .................................................................................................................... (D2580) Unconsolidated-Undrained Triaxial Staged ........................ $160 .................................................................................................................... (D4767) Consolidated-Undrained Triaxial Shear .............................. $265 .................................................................................................................... (D4767) Consolidated-Undrained Triaxial Staged ............................ $340 .................................................................................................................... (EM1110) Consolidated-Drained Triaxial Shear ............................... $375 .................................................................................................................... (EM1110) Consolidated-Drained Triaxial Staged ............................. $480
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GEOTECHNICAL
ENVIRONMENTAL
MATERIALS 2023 Schedule of Fees – RV23
LABORATORY TESTS (CONTINUED)
(A370) Bend Test MASONRY**
• #11 Bar & Smaller .............................................................................. $50 Concrete Block Test (Sets of 3 Required):
• #14 & #18 Bar .................................................................................... $70 • (C140) Unit Weight Moisture Content & Absorption ....................... $195 (A370) Tensile - Mechanically Spliced Bar • (C140) Moisture Content/Absorption (ea. addtl. specimen) ............ $65 • #11 Bar & Smaller ............................................................................ $150 • (C140) Compression Test ................................................................ $195 • #14 Bar & Larger .............................................................................. $190 • (C140) Compression Test (ea. addtl. specimen) ............................. $65 (A370) Tensile – Electric Resist. Butt Splice w/ Control ................... $150 • (C426) Linear Drying Shrinkage ...................................................... $285 (A370) Straightening of bar (if required) .............................................. $25 • (C109/UBC 21-16) Mortar Cylinder (2”x4”) ...................................... $30 Structural Steel Tests: • (C942) Grout Prism (3”x3”x6”), trimming included ............................ $35 • (A370) Machining & Prep of Test Specimen ...................... Cost + 20% Masonry Prism (Assemblage):
• (A370) Tensile Strength & Elongation • (C1314) 8”x8”x16” – 8”x12”x16” ..................................................... $200 Up to 200,000 lbs. ..................................................................... $100 • (C1314) 8”x16”x16” – 10”x12”x16” ................................................. $225 200,000 – 300,000 lbs. ............................................................. $125 • (C1314) 12”x12”x16” – 12”x16”x16” ............................................... $250 300,000 – 400,000 lbs. ............................................................. $150 • (C1314) Larger than 12”x16”x16” ................................................ Quote Pre-stressing Wire & Tendon Tests: Brick Test (Set of 5 Specimens):
• (A421) Tensile Strength, Single Wire.............................................. $150 • (C67) 24-Hour Absorption, Cold Water ........................................... $225 • (A416) Tensile Strength, 7-Wire Strand.......................................... $175 • (C67) 5-Hour Absorption, Boiling Water .......................................... $225 High Strength Bolt, Nut, & Washer Tests: • (C67) Compression Test or Modulus of Rupture ............................ $255 • (A325/A490) Tensile Test on Bolts ................................................. $100 • (C67) Each Additional Specimen ...................................................... $45 • (A563) Proof Load Test on Nuts ..................................................... $100 CONCRETE** • (A325/A490) Hardness Test on Bolts ............................................... $50 Mix Designs:
• (A536) Hardness Test on Nuts .......................................................... $50 • (ACI211/ACI214) Concrete Mix Design .......................................... $350 • (F436) Hardness Test on Washers ................................................... $50 • (ACI211/ACI214) Review of Concrete Mix Design ......................... $350 Weld Specimen Tests: • (C192) Concrete Trial Mix (includes equipment & labor) ............... $495 • (E164) Ultrasonic Examination ...................................................... Quote Concrete Properties:
Machining & Prep of Test Specimen ........................... Cost + 20% • (C39/CT521/T22) Comp. Strength, Concrete Cyl............................. $30 • (E381) Macrotech Test (3 Faces) .................................................. $355 • (C42/CT521/T22) Comp. Strength, Concrete/Gunite Core .............. $60 ASPHALT TESTING • (C78/CT523) Flex. Strength of 6”x6”x21” Concrete Beam ............. $165 Asphalt Properties: • (C174) Length Measuring of Drilled Cores ....................................... $75 • (D2726/CT308/T166) Bulk Spec. Grav., Compacted HMA ........... $100 • (C1140) Shotcrete Panel-Coring & Testing (Set of 3) .................... $290 • (D1560/CT366) Stabilometer Value (HVEEM) .............................. $145 • (C1140) Shotcrete Panel (each addtl. specimen) ............................. $90 • (D2041) Theoretical Max Specific Gravity ...................................... $145 • (C496) Static Modulus of Elasticity .................................................. $200 • (D5444) Sieve Analysis of Extracted Asphalt ................................. $150 • (C496) Drying Shrinkage (Set of 3, up to 28 days) ......................... $395 • (D6307/CT382) Percent Asphalt, Ignition Method ......................... $150 • (C642) Spec. Gravity, Absorp., Voids in Hardened Concrete .......... $95 • (D1188) Unit Weight of Asphalt Core ............................................... $65 • (F1869) Moisture Vapor Emission Rate, Concrete Subfloor ............ $50
MISCELLANEOUS TESTING SERVICES
• Emulsion ........................................................................................... $300 • Wet Track Abrasion ......................................................................... $175 Calibration of Hydraulic Ram:
• 100 Ton & Under.............................................................................. $200 • 101 Tons – 200 Tons ....................................................................... $300 Use of Universal Testing Machine:
• UTM with One Operator .................................................................. $320 • Additional Technician ................................................Regular Tech Rate Spray Applied Fireproofing: *2X Surcharge on rush turn-around for laboratory testing. • (E605/E736) Fireproofing Oven Dry Density/Thickness ...... $90 **Fee applies for sample storage, testing, or disposal.
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GEOTECHNICAL
ENVIRONMENTAL
MATERIALS 2023 Schedule of Fees – RV23
1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only and include reporting of routine results not calling for comments, recommendations or conclusions.
2. Sampling and testing are conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.
3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is based on the local costs per day when location of work dictates.
4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein.
5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice.
Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent, and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.
6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon’s (the term “Geocon” includes Geocon’s partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $50,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client’s injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.
7. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon’s total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client’s project, as well as persons and other entities not involved in the project, to the greater of $100,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon’s liability to them and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon’s actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon’s actions or inactions. 665
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 12.15
December 13, 2023
Western Riverside County Mul*ple Species Habitat Conserva*on Plan (MSHCP) Fees for Limonite Avenue Gap Closure Project Prepared By:
Jimmy Chung, Public Works Director/City Engineer
Recommended Action(s)
Staff recommends that the City Council take the following actions:
1 .
Approve and Adopt a Resolution Amending the Capital Improvement Fiscal Year 2023-24 Budget by $523,750 for the Limonite Avenue Gap Closure Project; and 2 .
Authorize City Manager to execute all necessary documents and pay fees, interest, and penalties to Western Riverside County Regional Conservation Authority.
Summary
As Riverside County’s popula:on con:nues to grow, it is increasingly important to conserve land for na:ve animals and plants. The Western Riverside County Regional Conserva:on Authority (RCA) was created in 2004 to implement the Multiple Species Habitat Conservation Plan or MSHCP.
Local Development Mi:ga:on Fees (LDMF) and other funding sources (:pping fees, public project and par:cipa:ng special en:ty fees) pay for RCA’s core ac:vi:es.
In January 2021, the Riverside
County Transporta:on Commission (RCTC) became the managing agency for the RCA. RCTC administers and coordinates RCA-related activities.
Background
Eastvale is a Member Agency of the Western Riverside County Regional Conserva:on Authority (RCA), a joint powers authority comprised of the County of Riverside and the eighteen (18) ci:es located in western Riverside County. The RCA was formed to acquire, administer, operate, and 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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maintain land and facili:es to establish habitat reserves for the conserva:on and protec:on of species covered by the Western Riverside County Mul:ple Species Habitat Conserva:on Plan (MSHCP or Plan).
In accordance with the RCA MSCHP Mi:ga:on Fee Implementa:on Manual (dated February 2023), all City and County Road and infrastructure Projects, that are not maintained efforts, are subject to a fee payment of 5% of the total construc:on costs. Total construc:on costs include all direct/hard costs, including con:ngencies and change orders, and the propor:on of total project costs covered by TUMF funding and Measure A funding is discounted from the total construc:on costs prior to fee payment calculation.
On July 26, 2023, the City Council approved a construc:on contract award to Or:z Enterprises Inc. for Limonite Avenue Gap Closure Project for a total amou nt of $23,355,488. The project
construction is funded by multiple funding sources, and a breakdown is provided below:
Funding Source
Account
Number
Amount
LPP
240-510-
6662-93026
$9,475,000
TUMF - exempt
270-510-
6662-93026
$2,024,108
RCTC MARA
(Measure A) -
exempt
240-510-
6662-93026
$10,419,395
JCSD Recycled
Water - exempt
800-000-
2502-93026
$1,436,985
Total
$23,355,488
$9,475,000 (MSHCP
eligible construction
cost)
The five (5) percent only applies to project por:on that is not paid with Measure A and TUMF.
Caltrans contribu:ons are s:ll covered pursuant to MSHCP sec:on 8.4.4. Furthermore, JCSD is not a permiJee to the Western Riverside County Mul:ple Species Habitat Conserva:on Plan (MSHCP) and as such should not be subjected to the MSHCP fee. This requirement is currently being confirmed by RCA. Therefore, the fee payment was calculated using the amounts comprised of LPP only, and it is aJached in AJachment 1. If, it is determined that JCSD's recycled water construc:on cost is subject to MSHCP fee, JCSD will reimburse the City for their 5% of the $1,436,985 construc:on cost ($71,849.25).
Per RCA MSHCP Mi:ga:on Fee Implementa:on Manual, payment to the RCA shall be made no later than 90 days aLer the construc:on contract for the qualified Civic/Infrastructure Project is approved by the County or the City. Since 90 day window has been missed, the City is subject to interest charges. The interest rate is unknown at this :me, but the staff expects it to be well under 10% of the original fee amount. Once the original fee is paid, RCA will determine the interest that has been accrued and assess the City.
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Environmental
A Mi:gated Nega:ve Declara:on for the project was prepared and was adopted by the City Council at the September 9, 2020 City Council Meeting.
Strategic Plan Action - Priority Level: N/A
| Target #: E
| Goal #: E
Improve connectivity
Fiscal Impact
The MSHCP fee and interest on the awarded construc:on contract is es:mated to be $523,750, pending confirma:on from RCA. A budget resolu:on is required for fiscal year 2023-24 in the amount of $523,750 in the capital projects fund, general ledger account 600-510-6662, project number 93026-0000. Addi:onally, as the Capital Projects Fund 600 is solely funded by the General fund, transfer appropria:ons must also be adopted. Appropria:ons in General Fund transfer-out, account 100-290-6960 in the amount of $523,750 and Capital Projects Fund transfer-in, account 600-000-4910 in the amount of $523,750 are required. As of the publish date of this report the General Fund is projected to complete the fiscal year with an es:mated $3.9 million unassigned fund balance surplus; as such there is adequate fund balance to appropriate addi:onal budget for this one-time expenditure.
Prior City Council/Commission Action
Not Applicable.
Attachment(s)
Attachment 1 - MSHCP Fee Estimate
Attachment 2 - Resolution 23-XX
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Western Riverside County
Regional Conservation Authority
P.O. Box 12008 Riverside, CA 92502
Monthly Remittance Form for Qualified Infrastructure Project Contribution (City and County Roadways Covered by the MSHCP and Other Public Works Projects*) Reporting Period**
Jurisdiction CITY OF EASTVALE
Date Contract Local Share of *Fee
Approved Capital Cost of Project ( Capital Cost x 5%)
11/14/2023 07/26/2023
Limonite Ave, over the
Cucamonga Creek
Chanel $9,475,000.00 $473,750.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total Contracts $9,475,000.00
Prepared by: (Name, Title and Phone #) Total Fees $473,750.00 Less Credits/Exemptions $0.00
(provide descriptions and supporting documentation)
Approved by: (Name, Title and Phone #) Total Remitted $473,750.00 Form RCA-FR-010106
**Please provide a listing of all Infrastructure Contracts approved by City Council or County Board of Supervisors within 90 days, including MSHCP exempt contracts. Per RCA MSHCP Mitigation Fee Implementation Manual, payment to the RCA shall be made no later than 90 days after the construction contract for the qualified Civic/Infrastructure Project is approved by the County or the City.
Date Permit # Project Name Project Location
Project Description
(if exempt, provide details and/or backup)
Limonite Avenue Gap
Closure Project
Four-lane roadway that closes the gap in Limonite Ave from Archibald Ave in the East and Kimball Ave in the west. The project includes a 300 foot bridge over the Cucamonga Creek Chanel that traverses north-south. The project also constructs multi-use paths along bose sides of the roadway.
*Note: The 5% contribution shall apply all new road projects, all road widening projects, and other road investments that are not maintenance efforts. The 5% contribution will also apply to new linear infrastructure projects.
Please see the MSHCP Mitigation Fee Implementation Manual for calculation examples. 669
RESOLUTION NO. 23-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING ITS 2023-24 FISCAL BUDGET FOR THE LIMONITE GAP CAPITAL IMPROVEMENT PROJECT MULTIPLE SPECIES HABITAT CONSERVATION FUND FEES.
WHEREAS the budget for fiscal year 2023-24 of the City of Eastvale has been adopted by this Council in its original form, and said budget will need to be amended at times to fulfill the goals of the City; and
WHEREAS, the City departments may not exceed their appropriations by character of expense, with character of expense being defined as personnel services, services and supplies, capital outlay, debt service and transfers, without the consent of the City Manager; and WHEREAS, the City Manager may transfer appropriations between accounts, departments, programs, and funds, as long as those appropriations do not exceed the grand total budget approved by Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. AUTHORIZE AN APPROPRIATION IN THE GENERAL FUND, TRANSFER OUT EXPENDITURE ACCOUNT NO. 100-290-6960 IN THE AMOUNT OF $523,750 AND AUTHORIZE AN APPROPRIATION IN THE CAPITAL PROJECTS FUND, TRANSFER IN REVENUE ACCOUNT NO. 600- 000-4910 IN THE AMOUNT OF $523,750 TO PROVIDE ADEQUATE FUND BALANCE IN THE CAPITAL
PROJECTS FUND FOR THE LIMONITE GAP CAPITAL IMPROVEMENT PROJECT MULTIPLE SPECIES HABITAT CONSERVATION FUND FEES (MSHCP).
SECTION 2. AUTHORIZE AN APPROPRIATION IN THE CAPITAL PROJECTS FUND, BRIDGES EXPENDITURE ACCOUNT NO. 600-500-6662-93026-0000 IN THE AMOUNT OF $523,750 FOR LIMONITE GAP MSHCP FEES.
PASSED, APPROVED AND ADOPTED this 13th day of December 2023. __________________________________________
Christian Dinco
Mayor
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APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
671
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 23-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 13th day of December 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
672
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 12.16
December 13, 2023
Approval of Professional Services Agreement with Michael Baker Interna/onal for Prepara/on of an Environmental Assessment for a Police Station at Eastvale Civic Center
Prepared By:
Jimmy Chung, Public Works Director/City Engineer
Recommended Action(s)
Staff recommends that the City Council:
1 .
Approve the Professional Services Agreement with Michael Baker Interna(onal (Michael Baker) for a total not-to-exceed amount of $77,055 for prepara(on of an Environmental Assessment for a new police station at Eastvale Civic Center; and 2 .
Authorize the City Manager to execute all necessary documents.
Summary
Eastvale's Downtown and Civic Center will be constructed at what was once known as the "Leal Property" which totals approximately 158 acres in size and is bounded by 58th Street, Hamner Avenue, Limonite Avenue, and Scholar Way. The development of Downtown Eastvale and Civic Center is guided by the City of Eastvale's Leal Master Plan. Downtown Eastvale will include a new City Hall, a new library, a new police sta(on, a third fire sta(on, addi(onal parks and open space, up to 2,500 new residential homes, and up to 595,000 square feet of retail and commercial space.
Staff are con(nually seeking funding opportuni(es to augment to construc(on cost of all buildings.
As such, federal funding opportuni(es will require environmental assessment that typically takes from many months to years to complete. Michael Baker is an on-call consultant who has experience 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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in assis(ng in grant wri(ng and preparing such environmental assessments. To avoid this delay in the project, if federal funding is secured, staff would like to get a head start on the prepara(on of the draB document, Tasks 1-3, and 7, in the proposal (ACachment 2.1) for a not to exceed amount of $65,180. Remaining scope of work, if federal funding is awarded, will be the balance of the agreement of $11,875, for a total not to exceed amount of $77,055.
Background
The City is currently moving forward with development and construc(on of the new police sta(on.
The Leal Master Plan Environmental Impact Report (EIR) (SCH No. 2015031028, July 2015) serves as a comprehensive policy and regulatory guidance document for the private use and development of all proper(es within the Leal Master Plan project area. In addi(on, an Addendum to the Environmental Impact Report for the Leal Master Plan (State Clearinghouse No. 2015301028), prepared in April 2022, presents new data from addi(onal technical studies that were conducted based on project descrip(on changes that have occurred since cer(fica(on of the 2015 Leal Master Plan EIR. The Modified Project includes design guidelines and adds new development standards to guide and regulate future development in greater detail than the Approved Project that was analyzed in the 2015 EIR.
To be eligible to receive the federal grants, it is required to prepare an Environmental Assessment (EA) under the Na(onal Environmental Policy Act (NEPA) and analyze the proposed improvements and poten(al resul(ng environmental effects. Staff is con(nually seeking poten(al funding opportuni(es including federal grants and this ac(on is to be prepared for such funding opportunity.
Un(l the funding source is iden(fied, staff recommends authorizing Michael Baker to proceed with draBing the environmental documents that comprise of Tasks 1-3 & 7 in the ACachment 2.1 for the not-to-exceed amount of $65,180.
Michael Baker will prepare the EA in conformance with NEPA requirements to document project compliance with NEPA and to substan(ate that no significant effect would occur with project implementa(on. Michael Baker has successfully delivered similar projects in City of Encinitas, which allowed for the award of $4,000,000 in federal funding for a major downtown infrastructure project.
NEPA compliant EA is required only if federal funding is used. Therefore, the prepara(on of the EA now is an an(cipatory prep work to avoid the delay of preparing it aBer the funding has been secured. Such step, as logical as it may seem, will cause significant project delay if federal funding is awarded as the project will remain idle while waiting for the EA to be completed.
Environmental
Approval of agreement is an administra(ve ac(vity and is exempt from the California Environmental Quality Act (CEQA) because it will not result in direct or indirect physical changes in the environment.
Strategic Plan Action - Priority Level: 1
| Target #: E
| Goal #: A
The proposed contract contribute to the development of Downtown Eastvale, which can significantly aCract businesses and retailers to establish their presence in the City and create a “Destination Eastvale” with high-quality and unique businesses.
Fiscal Impact 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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The total General Fund fiscal impact for the contract is $77,055.
There is sufficient
fund
in fiscal year
2023-24 budget under Capital improvement Plan Project (No. 95011 for the Civic Center in the General Capital Projects Fund under account 600-500-6650.
Prior City Council/Commission Action
There is no prior City Council/Commission Action on this item.
Attachment(s)
Attachment 1 - PSA
Attachment 2.1 - Exhibit A to PSA
Attachment 2.2 - Exhibit B to PSA
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AGREEMENT FOR SERVICES
PREPARATION OF THE ENVIRONMENTAL ASSESSMENT
WITH MICHAEL BAKER INTERNATIONAL
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 Michael Baker International (“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.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for one year 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 seventy seven thousand and fifty five dollars ($77,055), 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.
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 677
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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, 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.
(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 678
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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.
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 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. 679
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SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Contractor shall not discriminate, in any way, against any person on the basis of race, 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 680
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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 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 681
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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 other proceeding, if such filing is made under seal.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.
(c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(d) City’s Negligence. The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not 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.
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” 683
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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. 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: Community Development Director
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
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To Contractor: Michael Baker International
Attn: Bob Stark
5050 Avenida Encinas, Suite 260
Carlsbad, CA 92008
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 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 685
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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.
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.
[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
MICHAEL BAKER INTERNATIONAL
____
________________
________________
687
A-1
EXHIBIT "A"
SCOPE OF SERVICES
688
C-1
EXHIBIT "B"
COMPENSATION
689
C-1
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 690
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not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.
(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence. (4) Professional Liability. $1,000,000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
2. Commercial General Liability and Automobile Liability Coverages. (1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. (2) Contractor’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Contractor’s insurance. (3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation 691
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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.
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.
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CITY OF EASTVALE NEW POLICE STATION PROJECT
MICHAEL BAKER INTERNATIONAL PAGE 1
PROJECT UNDERSTANDING
Michael Baker International (Michael Baker) understands that on March 8, 2023 the City of Eastvale hosted its official Downtown Eastvale groundbreaking ceremony. Eastvale's Downtown and Civic Center will be constructed at what was on ce known as the "Leal Property” which totals approximately 158 acres in size and is bounded by 58th Street, Hamner Avenue, Limonite Avenue, and Scholar Way. The development of Downtown Eastvale and the Civic Center is guided by the City of Eastvale's Leal Master Plan. Downtown Eastvale will include a new City Hall, a new library and innovation center, a new police station, a third fire station, additional parks and open space, up to 2,500 new residential homes, and up to 595,000 square feet of retail and co mmercial space.
Michael Baker understands that the City is currently moving forward with development and construction of the new police station (referred to herein as the “proposed project” ). This scope of work is based on the understanding that the Leal Master Plan Environmental Impact Report (EIR) (SCH No. 2015031028, July 2015) serves as a comprehensive policy and regulatory guidance document for the private use and development of all properties within the Leal Master Plan project area. In addition, an Addendum to the Environmental Impact Report for the Leal Master Plan (State Clearinghouse No. 2015031028) , prepared in April 2022, presents new data from additional technical studies that were conducted based on project description changes (referred to as the “Modified Project” in the EIR Addendum) that have occurred since certification of the 2015 Leal Master Plan EIR. The Modified Project includes design guidelines and adds new development standards to guide and regulate future development in greater detail than the Approved Project that was analyzed in the 2015 EIR.
Michael Baker assumes that the proposed p roject would receive funding from the U.S. Department of Housing and Urban Development Community Project Funding Program (to be confirmed). Therefore, based on such funding, and prior environmental analysis conducted as part of the Leal Master Plan EIR, this scope of work assumes preparation of an Environmental Assessment (EA) under the National Environmental Policy Act (NEPA) to analyze the propose d improvements and potential resulting environmental effects. Michael Baker will prepare the EA in conformance with NEPA requirements to document project compliance with NEPA and to substantiate that no significant effect would occur with project implementation.
The following sections of this letter proposal identify our proposed scope of work, schedule, and fee to complete the required environmental documents pursuant to NEPA requirements.
SCOPE OF WORK
Our approach to completing the NEPA documentation required for the proposed project is to first and foremost work collaboratively with City staff to prepare documents that are legally defensible, aid the City in the decision-making process, and meet the City’s needs in terms of schedule and budget.
For budgetary purposes, this scope of work assumes that an E nvironmental Assessment/Finding of No Significant Impact (EA/FONSI) will be the appropriate NEPA document for the project. Michael Baker’s proposed scope of work to prepare and process an EA/FONSI consists of the tasks outlined below.
Task 1: Project Initiation/Preliminary Research
Preparation of the EA will commence with a team kickoff meeting. Objectives of the kickoff meeting will include reviewing the scope of work and schedule, addressing questions regarding the environmental process prior to commencement of work, and identifying key data needs.
Michael Baker understands that the following technical studies have been prepared to date in support of the Draft Addendum to the Leal Master Plan EIR (April 2022):
• Air Quality/Greenhouse Gas/Energy Impact Study (April 2022) • Biological Assessment (March 2022)
• Cultural and Paleontological Resources Assessment (April 2022) • Preliminary Geotechnical Evaluation (June 2021)
• Phase I Environmental Site Assessment (Revised March 2022) • Limited Phase II Subsurface Investigation Report (July 2021) • Preliminary Hydrology Analysis (November 2021)
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MICHAEL BAKER INTERNATIONAL PAGE 2
• Preliminary Water Quality Management Plan (November 2021) • Noise Impact Study (April 2022)
• Traffic Study (April 2021)
• Sewer System Development Analysis (December 2021)
• Water Supply Assessment (December 2021)
Michael Baker will conduct a preliminary review of the Draft Addendum to the Leal Master Plan EIR and supporting Technical Appendices, as well as the original Leal Master Plan Draft EIR and supporting Technical Appendices, for relevance and applicability to the current improvements as proposed. Any issues of concern pertaining to the adequacy of these technical studies relative to the analysis of the proposed project will be identified and discussed with the City, prior to preparation of the EA.
It is anticipated that th e above technical analyses will sufficiently address the US Department of H UD requirements relative to NEPA (with exception of the Historic Resources A ssessment/Section 106 Consultation requirements; see Task 2, below). If additional technical studies other than th ose identified in this scope of work become necessary, Michael Baker is available to conduct such studies with mutual agreement of the City and Michael Baker. This scope of work does not include the preparation of any technical studies or investigations not specifically identified herein.
Task 2: Historic Resources Assessment/Section 106 Consultation Michael Baker will complete a cultural resources identification and evaluation study required to address the requirements of Section 106 of the National Historic Preservation Act (NHPA). The following tasks will be undertaken in preparing the study:
• Delineate the area of potential effect (APE);
• Conduct a records search with the South Coast Information Center (SCIC) with an appropriate search radius to identify previous cultural resources reports and records of the APE and surrounding area; • Conduct a literature and historic map review to identify cultural resources within the APE; • A Native American Heritage Commission (NAHC) Sacred Lands File search to assist with meeting Native American consultation requirements pursuant to Section 106 of the NHPA. Michael Baker will contact the NAHC for a review of the Sacred Lands File to determine if the APE contains any known sacred lands, and a list of Native American contacts who may have concerns about the project within the APE. Michael Baker will send a consultation letter to tribes identified on the NAHC contact list. Michael Baker will follow up on consultation requests with an email and/or phone call to the tribes.
No meetings with any tribes are scoped as part of this task; • Historical society consultation with one organization; • Archaeological survey;
• Archaeological sensitivity analysis.
The intent of the above-mentioned historic property identification efforts is to determine if there are historic properties, as defined in (36 CFR 800.16(1)) within Section 106 of t he NHPA, within the APE. The findings of the historic property identification efforts will be summarized in a technical memorandum that can be appended to the environmental document.
Michael Baker will also draft an Office of Historic Preservation (OHP) co nsultation letter describing the cultural resources identification efforts and finding of effect. Michael Baker will submit the report and letter to the OHP to receive concurrence on the National Register evaluation and finding of effect.
This scope of work assumes negative findings and that there are no archaeological resources requiring evaluation to the National Register of Historic Places or California Register of Historical Resources. If historic properties are identified within the APE, additional studies may be required.
Deliverables:
• One electronic copy of the technical Historic Resources Assessment memorandum and supporting documentation 694
CITY OF EASTVALE NEW POLICE STATION PROJECT
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Task 3a: Administrative Draft Environmental Assessment and Finding of No Significant Impact Michael Baker will prepare an administrative draft EA for City review and comment. The content of the EA will be consistent with HUD's recommended format for conducting EAs pursuant to 24 CFR Part 58. The analysis will include all required determinations and compliance documentation for the laws and authorities at 24 CFR 58.6 and 58.5, as well as an analysis of additional factor s, including the project's impacts on land development, socioeconomic factors, community facilities and services, and natural features.
The following are the primary sections of the EA: Purpose and Need, Project Description, Existing Conditions and Trends, Statutory Checklist, Environmental Assessment Checklist, and Alternatives to the Proposed Action. The EA will also include other HUD- required summary sections, including mitigation measures, additional studies performed, and list of sources, agencies, and persons consulted.
Note that this scope of work assumes that no mitigation or other compliance steps (i.e., additional reports, studies, consultations, permits, or agreements) would be required other than those identified in Task 2, above . Upon receipt of additional project information and/or completion of records searches and other resea rch, if sensitive resources or environmental concerns are identified that would require more detailed environmental analysis (i.e., additional reports/assessments, technical studies , or regulatory agency permits) than included herein, Michael Baker will notify the City immediately and supplemental services /work may be required.
Deliverables:
• One electronic copy of the administrative draft Environmental Assessment and supporting documentation, as appropriate Task 3b: Final Environmental Assessment and Finding of No Significant Impact Michael Baker will address one round of City comments on the administrative draft EA and will submit a pre-press draft of the EA for the City's final review.
Following review by the City, Michael Baker will prepare the final public draft of the EA, which will be submitted electronically.
Deliverables:
• One electronic copy of the final Environmental Assessment and supporting documentation, as appropriate Task 4: Notice of FONSI/Notice of Intent to Request Release of Funds (NOI/RROF) Upon preparation of the finalized public draft EA, Michael Baker will prepare a combined Notice of Finding of No Significant Impact and Notice of Intent to Request a Release of Funds (FONSI and NOI/RROF) for publication and public review. Michael Baker will distribute the FONSI and NO I/RROF to all required and interested federal, state, and/or local agencies, in coordination with City staff.
If the FONSI and NOI/RROF notices are combined, the public comment period required is a minimum of 15 calendar days when published in a newspaper. A minimum of 18 calendar days is required for public comment when posted or mailed.
Deliverables:
• Mail up to 25 copies of the FONSI and NOI/RROF to interested parties, as identified by the City Task 5: Responses to Comments/Revised EA
At the conclusion of the public comment period, Michael Baker will respond to environmental comments received by the City and will make any needed revisions to the EA . The revised EA will be provided electronically to the City for review. Following City review, Michael Baker will prepare the final revised EA. For budgeting purposes, we have assumed a total of 36 professional staff hours to prepare the responses to comments and revised EA, including responding to one consolidated set of City comments.
Should the public comments be excessive and require more than the budgeted time, this task will be revisited.
A 15-day HUD review peri od is assumed after the EA is finalized. This scope assumes that the City will submit the RROF and Certification (7015.15 Form) to HUD.
Deliverables:
• One electronic copy of the responses to comments and revised EA 695
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Task 6: Environmental Review Record
Michael Baker will compile an Environmental Review Record (ERR) per 24 CFR 58.38. The ERR will be in digital format and will include copies of all source/compliance documentation.
Deliverables:
• One electronic copy of the ERR
Task 7: Project Coordination, Meetings, and Management
Michael Baker's project manager will be available to City staff throughout the assignment (via telephone, email, or virtual f ormat) to discuss the project, coordinate the project schedule, and exchange information.
Coordination meetings may be conducted to review the City's comments on administrative draft documents. This scope of work includes time for coordination meetings with the City.
Management activities will include monitoring the project schedule and budget; ensuring critical timeline milestones are met; and providing quality control review of all completed work products.
SCHEDULE
Our team is committed to completing the project in a timeframe that meets the City’s needs. Michael Baker anticipates executing the scope of work outlined above in the following timeline:
Tasks/Milestones
Duration
(number of
weeks)
Timeline
Conduct NAHC Sacred Lands File Search and South Coast Information Center Records Search1 2 weeks Weeks 1-2
Prepare Cultural Resources Technical Investigations 12 weeks Weeks 1-12 Prepare Administrative Draft EA/FONSI 6 weeks Weeks 10-16 City Review of Administrative Draft EA/FONSI 2 weeks Weeks 17-18 Prepare Proof-check EA/FONSI and NOI/RROF/Notice of FONSI 1 week Week 19 City review of Proof-check EA/FONSI and NOI/RROF/Notice of FONSI 2 weeks Weeks 20-21 Finalize and Publish EA/FONSI, NOI/RROF/Notice of FONSI 1 week Week 22 Public Comment Period 3 weeks
(15-18 days) Weeks 23-25
Respond to Environmental Comments / Prepare revised EA 1 week Week 26 City review of revised EA/FONSI 2 weeks Weeks 27-28
City to prepare RROF (Form 7015.15), and Cover Letter; Send RROF and Proof of Public Notice to HUD 1 week Week 29
HUD Review Period Approx. 2 weeks2 Weeks 30-31
Provide a Copy of ERR to City 1 week Week 32
1 Preparation of materials required to submit records search requests will take 1 week. This scope of work assumes that Michael Baker will submit an expedited request to the SCIC. The NAHC may take up to 8 weeks to return records search results. 2 If the FONSI and NOI-RROF Notices are combined, the public comment period is a minimum of 15 calendar days when published in a newspaper, or a minimum of 18 calendar days when posted/mailed.
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FEE
Michael Baker estimates the total cost for the required work effort to be $77,055. Michael Baker will invoice the City monthly on a time-and-materials basis not to exceed this total. A cost estimate is provided herein detailing personnel hours and labor rates. All direct expenses, such as mileage costs, have been incorporated as direct costs.
Director/Principal
Technical manager/
Project Manager
Senior Associate III
(Environmental)
Senior Associate I
(Environmental)
Associate III
(Environmental)
Associate II
(Environmental)
Assistant
Technical Manager
(Cultural Resources)
Senior Associate II
(Cultural Resources)
Assistant
(Cultural Resources)
Associate II (GIS)
ODCs Total Cost
(Labor Plus
ODCs) Tasks/Rates $250 $215 $195 $160 $145 $135 $110 $215 $190 $110 $135 Task 1. Project
Initiation/Preliminary
Research
2 4 8 12 $100 $4,600
Task 2. Historic Resources
Assessment/Section
106 Consultation
1 2 4 8 12 62 20 8 $1,500 $21,430
Task 3a. Administrative Draft
Environmental
Assessment/Finding
of No Significant
Impact
2 4 32 6 10 60 2 8 $19,250
Task 3b. Final
Environmental
Assessment/Finding
of No Significant
Impact
1 2 20 4 6 32 4 4 $1,500 $12,790
Task 4. Notice of
FONSI/Notice of
Intent to Request
Release of Funds
(NOI/RROF)
1 2 4
2 4 $375 $2,645
Task 5. Responses to
Comments/
Revised EA
2 2 8
8 16 $5,770
Task 6. Environmental
Review Record 1 2 6 2 10 $3,460
Task 7. Project
Coordination,
Meetings, and
Management
6 8 10 4 10 $7,110
Total Hours/Budget 16 24 90 14 32 152 6 12 62 20 20 $3,475 $77,055
ASSUMPTIONS
Michael Baker has included responding to one round of City review of administrative draft technical studies in our scope of work, as well as one administrative draft and one proof-check draft version of the E A/FONSI. Should multiple reviews beyond those included in our scope of work be requested by the City, additional Michael Baker staff time may be necessary beyond the established budget. Should such a scenario arise, Michael Baker will work with the City to seek mutually agreeable budget augmentation.
Michael Baker assumes that the project description will not substantively change during the assignment. Should the project description change during the course of the work, additional Michael Baker staff time may be necessary beyond the established budget to revise/update the document and the analysis. Should such a scenario arise, Michael Baker will work with the City to seek mutually agreeable budget augmentation.
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AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 12.17
December 13, 2023
Increase the Not-to-Exceed Amounts for Building Safety Division On-Call Consulting Contracts
Prepared By:
Richard Hicks, Building Official
Recommended Action(s)
Staff recommends that the City Council approve the increase in the not-to-exceed amount for Building Safety on-call contracts to $450,000 per fiscal year in aggregate for all consultants combined.
Summary
The City u(lizes consul(ng services to provide vital on-call staffing, plan check, and inspec(on services to the Building Safety Division which assists the City in streamlining the permit process.
Staff is reques(ng approval from City Council to increase total aggregate not-to-exceed amount for on-call consul(ng services from the originally approved $200,000 to $450,000. These funds are available and budgeted in the FY23/24 budget.
Background
Since incorpora(on, the City has u(lized Interwest Consul(ng Group as the sole consul(ng firm for staffing, plan check, and inspec(on services. To prepare for the increase in permit ac(vity due to development in the new 'downtown' area, the City issued an RFP for on-call professional services for the Building Safety Division. The intent of this RFP was to expand the exis(ng list of consultants and establish a qualified pool of firms to support the various projects and staffing needs for the next three years. Upon review of the received proposals, the City selected three consul(ng firms; BPR Consul(ng Group located in Riverside, California, VCA Code located in Orange, California, and Willdan located in San Bernardino, California. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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On December 14, 2022, the City Council approved u(liza(on of these firms for expanded plan check, inspec(on, and staffing services with a total not-to-exceed amount of $200,000 to any individual consultant, and not-to-exceed $200,000 per fiscal year in the aggregate to any combina(on of the three consultants. As the City transi(ons plan check from Interwest alone to all four firms, it's been determined that the aggregate total approved by City Council must be increased so that staff can select the most appropriate firm based on the needs of the City. This increase does not represent an increase in budget nor an increase to any of the individual on-call contracts, but rather, only an increase to the total aggregate amount Council is authorizing for on-call plan check, staffing, and inspection services for Building Safety.
Environmental
Not applicable.
Strategic Plan Action - Priority Level: N/A
| Target #: G
| Goal #: E
Approving an increase for on-call consul(ng services supports the City's strategic plan goals of Right- sizing the organiza(on and ensuring staffing is consistent with City services, needs, expecta(ons, and strategic plan priori(es (Target G, Goal E); and ensuring that customer service levels are Exceeding Eastvale's Expectations Everyday (Target G, Goal B).
Fiscal Impact
There is no fiscal impact at this (me and there is no guarantee of project work or budget for on-call consultants. Budgets for project work were approved for fiscal year 2023-24 through normal budget approval prac(ces. The master contracts do not guarantee work to any of the on-call consultants.
Work will be authorized as needed by the City subject to funding and budget availability. Funds are available in the current 2023-24 budget in accounts 100-310-6432 and 100-310-6433 for the full aggregate amount of $450,000.
Prior City Council/Commission Action
On December 14, 2022, the City Council approved the award of three contracts for on-call consulting for Community Safety Department services with a total aggregate not to exceed amount of $200,000.
Attachment(s)
Attachment 1 - BPR Consulting Group, First Agreement Amendment
Attachment 2 - VCA Code, First Agreement Amendment
Attachment 3 - Willdan Engineering, First Agreement Amendment
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
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First Amendment to Agreement
This First Amendment to Agreement (“First Amendment”) is entered into this 13th day of December, 2023 by and between the City of Eastvale, a California general law city (“City”), and BPR Consulting Group LLC, a California Limited Liability Company (“Contractor”), as follows:
RECITALS
A. City and Contractor entered into an agreement for on-call plan check and building inspection services on or about December 19, 2022 for an aggregate not-to-exceed fee of $200,000 per fiscal year. The aggregate total includes the agreement between the City and Contractor in addition to two other agreements.
B. City and Contractor desire to increase the aggregate not-to-exceed fee to $450,000 per fiscal year.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:
1. AMENDMENTS.
a. Compensation. Section 4 of the Agreement is amended to increase the aggregate not-to-exceed compensation amount to $450,000 per fiscal year.
2. GENERAL PROVISIONS.
a. Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.
b. Integration. This First Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment.
c. Effective Date. This First Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the City and Consultant.
d. Applicable Law . The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 700
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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
BPR Consulting Group LLC
_______________________
Name: __________________
Title: ___________________
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First Amendment to Agreement
This First Amendment to Agreement (“First Amendment”) is entered into this 13th day of December, 2023 by and between the City of Eastvale, a California general law city (“City”), and The Code Group, Inc, dba VCA Code, a California Corporation (“Contractor”), as follows:
RECITALS
A. City and Contractor entered into an agreement for on-call plan check and building inspection services on or about December 19, 2022 for an aggregate not-to-exceed fee of $200,000 per fiscal year. The aggregate total includes the agreement between the City and Contractor in addition to two other agreements.
B. City and Contractor desire to increase the aggregate not-to-exceed fee to $450,000 per fiscal year.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:
1. AMENDMENTS.
a. Compensation. Section 4 of the Agreement is amended to increase the aggregate not-to-exceed compensation amount to $450,000 per fiscal year.
2. GENERAL PROVISIONS.
a. Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.
b. Integration. This First Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment.
c. Effective Date. This First Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the City and Consultant.
d. Applicable Law . The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 702
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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
The Code Group Inc. dba VCA Code
_______________________
Name: __________________
Title: ___________________
703
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First Amendment to Agreement
This First Amendment to Agreement (“First Amendment”) is entered into this 13th day of December, 2023 by and between the City of Eastvale, a California general law city (“City”), and Willdan Engineering, a California Corporation (“Contractor”), as follows:
RECITALS
A. City and Contractor entered into an agreement for on-call plan check and building inspection services on or about December 19, 2022 for an aggregate not-to-exceed fee of $200,000 per fiscal year. The aggregate total includes the agreement between the City and Contractor in addition to two other agreements.
B. City and Contractor desire to increase the aggregate not-to-exceed fee to $450,000 per fiscal year.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:
1. AMENDMENTS.
a. Compensation. Section 4 of the Agreement is amended to increase the aggregate not-to-exceed compensation amount to $450,000 per fiscal year.
2. GENERAL PROVISIONS.
a. Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.
b. Integration. This First Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment.
c. Effective Date. This First Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the City and Consultant.
d. Applicable Law . The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. e. References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same 704
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meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.
CITY OF EASTVALE:
____________________________
Mark Orme, City Manager
APPROVED AS TO FORM:
____________________________
Erica L. Vega, City Attorney
ATTEST:
____________________________
Marc Donohue, City Clerk
Willdan Engineering
_______________________
Name: __________________
Title: ___________________
705
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 12.18
December 13, 2023
Authoriza)on of a Purchase Order for Equipment Purchases and Rentals for use by Public Works Staff
Prepared By:
James DeMonaco, Public Works Maintenance Coordinator
Recommended Action(s)
Staff recommends that the City Council:
1 .
Authorize a fiscal year 2023-24 Purchase Order for United Rentals in the amount not-to- exceed $50,000 for equipment purchases and rentals for use by Public Works staff; and 2 .
Authorize the City Manager to execute the necessary documents Summary
Request to authorize a purchase order for United Rentals in the amount not to exceed $50,000 for equipment purchases and rentals for use by Public Works staff.
Background
The Public Works Team is commi2ed to the maintenance and opera3on of the City of Eastvale's infrastructure. This includes ensuring the safety and quality of: streets, sidewalks, traffic signals, street lights, traffic signs, and storm drain inlets. To effec3vely and efficiently carry out the daily du3es, it is o:en required to purchase and rent equipment. United Rentals offers a wide range of equipment rentals and has a local office which makes delivery/pick-up easy.
Some examples of prior issues where the Public Works staff, through purchasing and rentals through United Rentals, was able to address are:
A sinkhole formed at the intersec3on of Sumner Ave. & Schleisman Rd. which needed to be 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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addressed immediately due to the safety concerns for drivers and pedestrians. Public Works staff was able to purchase steel traffic plates from United Rentals under emergency circumstances and install them at the intersec3on to cover and bridge over the sinkhole while we worked to have the responsible party permanently fix the issue at this intersec3on. The cost of this was $11,259.88, Attachment 1.
Fire Sta3on 27 had an issue with the electrical extension cords running from the ceiling of their truck bay that needed to be addressed. Public Works staff was able to rent a scissor li:
from United Rentals to respond to and address this issue for a cost of $704.58 In order to deploy water-filled roadway barriers in mul3ple loca3ons throughout the city, to pressure wash areas where there is debris, and to spray down city maintained dirt lots, Public Works staff recently purchased a water tank trailer from United Rentals at a cost of $4,741.00, Attachment 2.
In order to be2er meet the safety needs of residents, pedestrians, and drivers, the Public Works staff would like to con3nue ren3ng and purchasing equipment and materials through United Rentals while reserving budget to respond to emergency situa3ons. As the winter season approaches, our ability to quickly respond to potholes, sinkholes, flooding, facili3es issues, landscaping and irriga3on issues, and many other types of emergency situa3ons will be greatly increased with the recommended authorization of a purchase order in the amount of not-to-exceed $50,000.
Environmental
The purchase and rental of equipment is not defined as a project under the California Environmental Quality Act (CEQA). No environmental review pursuant to CEQA is required.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
The purchase and rental of equipment and materials by the Public Works staff to supports the goal of suppor3ng infrastructure by planning for landscape, roads, and street maintenance as well as the ability to respond to infrastructure emergencies.
Fiscal Impact
The fiscal year 2023-24 budget includes adequate appropria3ons in several funds including the General Fund, Fire Fund, Gas Tax, and Measure A to cover the expenditures rela3ng to this purchase order. Depending on the nature of the purchase, different funding sources will be utilized.
Prior City Council/Commission Action
City Council approved Agenda Item No 11.13 on the Consent Calendar on June 28, 2023 for a similar Purchase Order for United Rentals in the amount of $32,385.07 for fiscal year 2022-2023.
Attachment(s)
Attachment 1 - Steel Traffic Plates Invoice
Attachment 2 - Water Tank Trailer Invoice
Attachment 3 - United Rentals - Industrial & Construction Equipment Rentals & Tools
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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708
Invoice Amount: $4,741.00
Terms: Due Upon Receipt
Payment options: Contact our credit office 704-916-4128 REMIT TO: UNITED RENTALS (NORTH AMERICA),INC.
PO BOX 840514
DALLAS TX 75284-0514
SALE
AGREEMENT/INVOICE
Page: 1
Qty Equipment # Price Amount 1 150883AH CC: 920-7005 4400.00 4400.00 TRAILER WATER TANK 500 GALLON
Make: WYLIE Model: EXP-500-S Serial #: 5VUTW1328FP000003 Model Year: 15 Lic: PD68097
Customer has declined United Guard Service Contract on the above unit.
Sub-total: 4400.00
Tax: 341.00
Total: 4741.00
CONTACT: JACOB LICHTENBERGER
CELL#: 951-790-8511
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Upon receipt of this equipment, it is the purchasers responsibility to (1) contact the manufacturer for documentation regarding equipment maintenance and use, and (2) ensure that the equipment meets the manufacturer's maintenance and operating specifications and all regulatory safety requirements, prior to placing in service. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SOURCEWELL BASED CONTRACT 062320 URI
******************************************************************** * DELIVERY ACKNOWLEDGEMENT * * * * * * Received By :_____________________________ Date: __________ * * Signature * * * * * * _____________________________ * * Printed Name * * * * * * Delivered By:_____________________________ Date: __________ * * Signature * ********************************************************************
CITY OF EASTVALE
12363 LIMONITE AVE
STE 910
EASTVALE CA 91752-3686
Office: 951-361-0900 Job: 951-361-0900
CITY OF EASTVALE
12363 LIMONITE AVE #910
EASTVALE CA 91752
BRANCH N05
520 E LA CADENA DR
RIVERSIDE CA 92507-8713
951-276-9000
951-276-0755 FAX
# 226447311-001
Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Customer # :
Invoice Date :
UR Job Loc :
UR Job # :
Customer Job ID:
P.O. # :
Ordered By :
Written By :
Salesperson :
5755144
10/26/23 02:30 PM
12363 LIMONITE AVE,
7 TBD
JACOB LICHTENBERGER
ISAAC FIERRO
MATTHEW SCHUMM
READ BEFORE SIGNING: THIS DOCUMENT IS SUBJECT TO TH E TERMS AND CONDITIONS OF THE SALE AGREEMENT/INVOICE WHICH ARE AMENDED FROM TIME TO TIME AND POSTED ONLINE AT https://www.unitedrentals.com/legal/sale-agreement AND INCORPORATED HEREIN BY REFERENCE. BY SIGNING BELOW CUSTOMER (1) ACKNOWLEDGES THAT IT HAS READ AND AGREED TO THE SALEAGREEMENT/INVOICE TERMS, (2) ACKNOWLEDGES RECEIPT OF THE EQUIPMENT IN GOOD WORKI NG ORDER, AND (3) IS FULLY FAMILIAR WITH THE OPERATION AND USE OF THE EQUIPMENT.
CUSTOMER SIGNATURE DATE CUSTOMER NAME PRIN TED UNITED RENTALS REPRESENTATIVE/DELIVERED BY DATE X
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AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 12.19
December 13, 2023
Approval of Payment for the Annual Permit Fees to State Water Resources Control Board for Fiscal Year 2023/2024
Prepared By:
Jimmy Chung, City Engineer
Recommended Action(s)
Staff recommends that the City Council approve payment to State Water Resources Control Board for Fiscal Year 2023/2024 Annual Permit.
Summary
The State Water Quality Control Boards (Water Board) adopted the Na-onal Pollutant Discharge Elimina-on System (NPDES) Municipal Separate Storm Sewer System (MS4) permits to regulate storm water for municipali-es. The MS4 permits require the discharger to develop and implement a Storm Water Management Plan/Program with the goal of reducing the discharge of pollutants to the maximum extent prac-cable. The annual permit fee amount is based on popula-on. The City of Eastvale's permit fee for fiscal year 2023/2024 is $26,498.00.
Background
The City of Eastvale, along with other ci-es, partner with Riverside County Flood Control and Water Conserva-on District (RCFC) to jointly submit NPDES applica-on for re-issuance of MS4 permit. The MS4 permit contains limits on what can be discharged, monitoring and repor-ng requirements, and other provisions to ensure that the discharge does not hurt water quality or people's health. The permit translates general requirements of the Clean Water Act (CWA) into specific provisions tailored to the opera-ons of discharging pollutants. Without the city's ability to issue MS4 permits, development applicants would be required to obtain their MS4 permits directly from the County of Riverside.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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715
Environmental
The issuance of an NPDES permit is exempt from the provisions of California Environmental Quality Act (CEQA), Chapter 3 of Division 13 of the Public Resources Code, in accordance with CWA Sec-on 13389. The payment of the fee by the City is a fiscal ac-vity and is not a project for the purposes of CEQA.
Strategic Plan Action - Priority Level: N/A
| Target #: 5
| Goal #: 3
Plan for landscape, roads, and street maintenance
Fiscal Impact
The total fiscal impact is $26,498.00. There is sufficient budget in the General Fund - Payments to Other Agencies (100-500-6480) to pay for the above recommended annual permit.
Prior City Council/Commission Action
There is no prior City Council/Commission Action.
Attachment(s)
Attachment 1 - Waterboard Annual Permit Fee
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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716
INVOICE
Annual Permit Fees Required by Sections 13260 & 13269
of the California Water Code
8 33M1000255FACILITY ID (WDID):FACILITY NAME: INVOICE NO:BILLING PERIOD:INVOICE DATE:
SW-027338607/01/23 - 06/30/2411/9/2023
Total Amount Due by
Saturday, December 9, 2023
Invoice details are shown on the back
PHASE I MS4
-
-, CA -
CITY OF EASTVALE
CITY ENGINEER
12363 LIMONITE AVENUE SUITE
910
EASTVALE, CA 91752
549358INDEX NO:
$ 26,498.00
STATE WATER RESOURCES CONTROL BOARD
Annual Permit Fee
8 33M1000255Facility ID: 07/01/23 - 06/30/24Billing Period:
Invoice No: SW-0273386 Amount Due: $ 26,498.00 Due By:Saturday, December 9, 2023 PLEASE REMIT YOUR PA YMENT ON OR BEFORE THE DUE DATE SHOWN ABOVE. LATE PA YMENT COULD RESULT IN PENALTIES UNDER PROVISIONS OF THE WATER CODE SECTION 13261. THESE ACTIONS COULD INCLUDE DAILY PENALTIES IN ADDITION TO YOUR FEE OR OTHER ACTIONS DEEMED APPROPRIATE BY THE REGIONAL BOARD.
IF PERMIT COVERAGE IS NO LONGER REQUIRED, A NOTICE OF TERMINATION IS REQUIRED TO CANCEL THE PERMIT
PLEASE NOTE A TRANSFER OF OWNERSHIP OR RELOCATION OF THE FACILITY REQUIRES A NEW STORMWATER PERMIT.
Make your check payable to State Water Resources Control Board
CHECK HERE FOR ADDRESS CORRECTION ON THE BACK
INVOICE NO: SW-0273386
SWRCB
PO BOX 1888
SACRAMENTO, CA 95812-1888
CITY OF EASTVALE
CITY ENGINEER
12363 LIMONITE AVENUE SUITE
910
EASTVALE, CA 91752
(951 ) 361-0900
Retain this portion for your records
Please detach and return this portion with your payment 07/01/23 - 06/30/24BILLING PERIOD:AMOUNT DUE: $26,498.00 DUE BY: 12/9/238 33M1000255FACILITY ID (WDID):
FACILITY NAME: PHASE I MS4
-
-, CA -
If you have any questions about this invoice, please call the Water Board at 916-341-5247.
For more information, please visit our website at http://www.waterboards.ca.gov/resources/fees/ INDEX NO: 549358
(Please print the above number on check or money order) 717
STATE WATER RESOURCES CONTROL BOARD
INVOICE DETAILS
8 33M1000255FACILITY ID (WDID):ORDER NO: R8-2010-0033 INVOICE NO:BILLING PERIOD:
SW-027338607/01/23 - 06/30/24
REGION: 8
DESCRIPTION AMOUNT
26,498.0052
NPDES SW MUNICIPAL
Fee Basis: Population 59039
TOTAL AMOUNT DUE $ 26,498.00
BILLING ADDRESS CORRECTIONS
A change of ownership REQUIRES you to contact the Regional Board (contact information above).
You are obligated to pay this and any past due invoices. 8 33M1000255FACILITY ID (WDID): PHASE I MS4
BILLING NAME:
CONTACT PERSON:
STREET:
CITY:
STATE:
PHONE:
EMAIL ADDRESS:
ZIP:
( )
Quarter 1
If you have any questions about this invoice, please call the Water Board at 916-341-5247.
or you may send an email (preferred) to: [email protected] Web Site Address: Visit the Water Quality Fees website for more information: https://www.waterboards.ca.gov/resources/fees/water_quality/ For payment status of your invoice, please go to the "Stormwater and Wastewater permit Fee Invoice Information" link at https://public3.waterboards.ca.gov/infofees/faces/invoiceSearch/xhtml 8 Please allow 10 business days after mailing for your payment to be posted to the database. 718
AGENDA STAFF REPORT
City Council Meeting
PUBLIC HEARINGS
Agenda Item No. 13.1
December 13, 2023
PLN23-20063 - Senate Bill (SB) 1186 Medicinal Cannabis Retailers – Delivery Only
Prepared By:
David Murray, City Planner
Recommended Action(s)
Staff recommends that the City Council introduce, read by tle, and waive further reading of an Ordinance amending Secons 120.03.030, 120.05.150, and 120.06.010 of the Eastvale Municipal Code.
Summary
The proposed ordinance would amend the city's regulaons, pursuant to new state regulaon, to allow cannabis retailers that engage solely in the sale of medicinal cannabis and medicinal cannabis products on a delivery only basis within the I-P (Industrial Park) and M-SC (Manufacturing, Service Commercial) Zones with the granng of a condional use permit. This amendment would not permit storefront retailers or other commercial cannabis uses.
Background
Currently, the Zoning Code prohibits all commercial cannabis facilies, including medical cannabis dispensaries, from locating and operating within the city. The Zoning Code further prohibits cannabis deliveries, with the excepon of the delivery of medicinal cannabis by a primary caregiver to one of the primary caregiver's qualified patients or to an exempt facility.
Senate Bill 1186, signed by Governor Newsom on September 18, 2022, goes into effect on January 1, 2024 (
A4achment 1
). This bill amends the California Government Code and prohibits local jurisdicons from adopng or enforcing any regulaon that prohibits the retail sale by delivery within the local jurisdicon of medicinal cannabis to medicinal cannabis paents or their primary 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
719
caregivers by licensed medicinal cannabis businesses in a mely and readily accessible manner, and in types and quanes that are sufficient to meet demand from medicinal cannabis paents within the local jurisdicon. As such, jurisdicons shall not prohibit the establishment of non-storefront medicinal cannabis delivery only businesses.
As classified by the state, the non-storefront medicinal cannabis retailers, delivery-only funcon similar to a small distribuon center where merchandise is stored in a secured facility and delivered directly to the medically-qualified customers or their caregivers. There are no customers or direct sales at the brick-and-mortar location.
Because the state law restricts jurisdicons from prohibing non-storefront medicinal cannabis retailers, delivery-only, staff is recommending a proacve approach to ensure that possible locaons for brick-and-mortar non-storefront medicinal cannabis delivery businesses are located in areas with the least impact on the community. Failure of the city to idenfy appropriate zoning and standard condions of approval would lead to a potenal business locang in any commercial or industrial zone in compliance with the new state law.
Therefore, due to the distribuon nature of the business type and the concern for potenal community impacts related to crime, odor, and traffic, staff recommends liming non-storefront medicinal cannabis retailers with delivery only to the I-P (Industrial Park) and M-SC (Manufacturing, Service Commercial) Zones with the granng of a Condional Use Permit (CUP). This would require the addion of "Medicinal cannabis retailers - delivery only" to the Use Matrix for Commercial, Business Park, Industrial and Special Purpose Zones and would also warrant the need to remove the line item for "Medical marijuana dispensary," as it would be replaced with the terminology from the state law.
Addionally, staff recommends requiring that these businesses be located a minimum of 1,000 feet from any residenal use or zone. There are several locaons within the city where the I-P zone is in close proximity to established residenal areas. Including a separaon of 1,000 feet would provide adequate distance between the incompable uses to eliminate or reduce any potenal impacts such as odor or safety.
Although the California Department of Cannabis Control has specific operaonal requirements related to odor control and security as part of the licensing requirements for non-storefront medicinal cannabis delivery businesses, staff recommends including addional standard condions that address odor and security. Specifically, the recommended language includes requirements to install odor absorbing venlaon and exhaust systems to eliminate the interior odors from being detected outside the cannabis business, requirements for interior and exterior security cameras subject to approval by the city, and a requirement for the installation of an alarm system.
The recommended amendments described above are detailed in A4achment 2
as redline-strikeout
changes. These include changes to Secons 120.03.030, 120.05.150, and 120.06.010 of the Eastvale Municipal Code. These changes will ensure that the Medicinal cannabis retailers with delivery only would not be located in commercial areas and would further ensure that impacts on residenal areas are limited, while still meeting the intent of state law.
Environmental
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
720
This Ordinance is exempt from the California Environmental Quality Act (CEQA) review under the general rule exempon. The ordinance ensures compliance with Senate Bill 1186 by idenfying zones and development standard for Medicinal cannabis retailers with delivery only. No development or intensificaon of land use will result from the Zoning Code Amendment. Any new Medicinal cannabis retailers with delivery only uses that result from this Zoning Code Amendment would be evaluated under CEQA at the time of application submittal.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not Applicable
Fiscal Impact
There is no fiscal impact to the City associated with adopon of this Zoning Code Amendment, as staff me to prepare this report and draE ordinance is included in the 2023/24 FY Community Development Department budget.
Prior City Council/Commission Action
On November 15, 2023, the Planning Commission adopted a resoluon recommending that the City Council adopt a Zoning Ordinance Amendment of Secons 120.03.030, 120.05.150, and 120.06.010 of the Eastvale Municipal Code in compliance with SB 1186.
Attachment(s)
Attachment 1 - SB-1186 Bill Text
Attachment 2 - PLN23-20063 Redlined Changes
Attachment 3 - Map of I-P and M-SC Properties
Attachment 5 - Proof of Publication
Attachment 4 - Draft Ordinance
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11/5/23, 8:14 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 1/7 SHARE THIS:
Date Published: 09/20/2022 02:00 PM
SB-1186 Medicinal Cannabis Patients’ Right of Access Act. (2021-2022) Senate Bill No. 1186
CHAPTER 395
An act to amend Section 26200 of, and to add Chapter 26 (commencing with Section 26320) to Division 10 of, the Business and Professions Code, relating to cannabis. [ Approved by Governor September 18, 2022. Filed with Secretary of State September 18, 2022. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 1186, Wiener. Medicinal Cannabis Patients’ Right of Access Act.
Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient. Existing law, known as the Medical Marijuana Program, establishes a voluntary registration program for qualified medicinal cannabis patients and their primary caregivers through a statewide identification card system maintained by the State Department of Public Health and sets forth guidelines for the possession of medicinal cannabis.
The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. AUMA reserved to a local jurisdiction specified powers regarding commercial adult-use cannabis activity, including adopting and enforcing local ordinances regulating commercial adult-use cannabis activity. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including the retail sale of medicinal cannabis.
This bill would enact the Medicinal Cannabis Patients’ Right of Access Act, which, on and after January 1, 2024, would prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, as specified. The bill, on and after January 1, 2024, would provide that the act may be enforced by an action for writ of mandate brought by a medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law.
Home Bill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites 722
11/5/23, 8:14 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 2/7 This bill would incorporate additional changes to Section 26200 of the Business and Professions Code proposed by AB 2210 to be operative only if this bill and AB 2210 are enacted and this bill is enacted last.
To the extent this bill would impose additional duties on local jurisdictions, the bill would impose a state- mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 26200 of the Business and Professions Code is amended to read:
26200. (a) (1) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (2) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.
(b) This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements.
(c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030). (d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county.
(e) (1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following:
(A) The requirements of paragraphs (1) to (3), inclusive, of subdivision (g). (B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity. (C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses.
(D) A state temporary event license shall only be issued in local jurisdictions that authorize such events. 723
11/5/23, 8:14 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 3/7 (E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department.
(2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038. (3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3).
(5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (f) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(g) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
(1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older. (2) Cannabis consumption is not visible from any public place or nonage-restricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the premises. (h) This division shall not be interpreted to supersede Section 6404.5 of the Labor Code.
SEC. 1.5. Section 26200 of the Business and Professions Code is amended to read:
26200. (a) (1) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (2) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.
(b) This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements.
(c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so 724
11/5/23, 8:14 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 4/7 informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030). (d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county.
(e) (1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following:
(A) The requirements of paragraphs (1) to (3), inclusive, of subdivision (g). (B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity. (C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses, except as otherwise provided in paragraphs (6), (7), and (8). (D) A state temporary event license shall only be issued in local jurisdictions that authorize such events. (E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department.
(2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038. (3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3).
(5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (6) (A) All licensees who are issued a state temporary event license allowed pursuant to this subdivision may, upon completion or cessation of the temporary event, reconcile unsold inventory of cannabis or cannabis products and return it to the licensee’s retail premises. (B) All unsold inventory of cannabis or cannabis products from the temporary event shall be noted in track and trace prior to transport.
(C) All unsold inventory of cannabis or cannabis products from the temporary event shall be in its original packaging in which it was placed pursuant to Chapter 12 (commencing with Section 26120). 725
11/5/23, 8:14 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 5/7 (7) The inventory of cannabis or cannabis products authorized to be sold by a state temporary event license pursuant to this subdivision shall only be transported to and from the temporary event by a licensed distributor or licensed microbusiness.
(8) The department shall not deny an application for a state temporary event license pursuant to this subdivision solely on the basis that there is a license issued pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000)) for the proposed premises of the event. Furthermore, the Department of Alcoholic Beverage Control shall not take any disciplinary action against a person licensed pursuant to the Alcoholic Beverage Control Act on the basis of a state temporary event license issued by the department to a licensee pursuant to this subdivision that utilizes the same premises as the person licensed pursuant to the Alcoholic Beverage Control Act.
(A) All on- and off-sale privileges of alcoholic beverages at the venue shall be suspended for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (B) Alcohol consumption on the venue premises shall be strictly prohibited for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (f) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(g) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
(1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older. (2) Cannabis consumption is not visible from any public place or nonage-restricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the premises. (h) This division shall not be interpreted to supersede Section 6404.5 of the Labor Code. (i) This section does not alter or affect the prohibition on the sale of alcoholic beverages by a licensee, as provided in Section 26054, on or at a venue premises licensed under this division.
SEC. 2. Chapter 26 (commencing with Section 26320) is added to Division 10 of the Business and Professions Code, to read:
CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act 26320. The Legislature finds and declares as follows:
(a) Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products. (b) It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis. 26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients’ Right of Access Act. (b) For purposes of this chapter:
(1) “Medicinal cannabis” means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.
(2) “Medicinal cannabis business” means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license. (3) “Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code. 726
11/5/23, 8:14 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 6/7 (4) “Regulation” means a local ordinance, regulation, policy, or practice. 26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:
(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2) The operating hours of medicinal cannabis businesses. (3) The number or frequency of sales by delivery of medicinal cannabis. (4) The types or quantities of medicinal cannabis authorized to be sold by delivery. (5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established. (b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2) Security or public health and safety requirements.
(3) Licensing requirements.
(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction.
(d) This section shall become operative on January 1, 2024. 26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction. (2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction. (3) The Attorney General.
(4) Any other party otherwise authorized by law.
(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. 727
11/5/23, 8:14 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 7/7 (c) This section shall become operative on January 1, 2024. 26324. Nothing in this chapter shall be construed to limit or otherwise affect the ability or right of a local jurisdiction to regulate adult-use cannabis pursuant to Section 26200. 26325. This chapter addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution.
SEC. 3. Section 1.5 of this bill incorporates amendments to Section 26200 of the Business and Professions Code proposed by both this bill and Assembly Bill 2210. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 26200 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 2210, in which case Section 1 of this bill shall not become operative.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. 728
11/5/23, 8:14 PM Today's Law As Amended - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202120220SB1186&showamends=false 1/6 As Amends the Law Today As Amends the Law on Nov 18, 2022 SB-1186 Medicinal Cannabis Patients’ Right of Access Act. (2021-2022) SECTION 1. Section 26200 of the Business and Professions Code is amended to read:
26200. (a) (1) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (2) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.
(b) This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements.
(c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030). (d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county.
(e) (1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following:
(A) The requirements of paragraphs (1) to (3), inclusive, of subdivision (g). (B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity. (C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses, except as otherwise provided in paragraphs (6), (7), and (8). licenses.
(D) A state temporary event license shall only be issued in local jurisdictions that authorize such events.
Home Bill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites 729
11/5/23, 8:14 PM Today's Law As Amended - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202120220SB1186&showamends=false 2/6 (E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department.
(2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038. (3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3). (5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (6) (A) All licensees who are issued a state temporary event license allowed pursuant to this subdivision may, upon completion or cessation of the temporary event, reconcile unsold inventory of cannabis or cannabis products and return it to the licensee’s retail premises. (B) All unsold inventory of cannabis or cannabis products from the temporary event shall be noted in track and trace prior to transport.
(C) All unsold inventory of cannabis or cannabis products from the temporary event shall be in its original packaging in which it was placed pursuant to Chapter 12 (commencing with Section 26120). (7) The inventory of cannabis or cannabis products authorized to be sold by a state temporary event license pursuant to this subdivision shall only be transported to and from the temporary event by a licensed distributor or licensed microbusiness.
(8) The department shall not deny an application for a state temporary event license pursuant to this subdivision solely on the basis that there is a license issued pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000)) for the proposed premises of the event. Furthermore, the Department of Alcoholic Beverage Control shall not take any disciplinary action against a person licensed pursuant to the Alcoholic Beverage Control Act on the basis of a state temporary event license issued by the department to a licensee pursuant to this subdivision that utilizes the same premises as the person licensed pursuant to the Alcoholic Beverage Control Act.
(A) All on- and off-sale privileges of alcoholic beverages at the venue shall be suspended for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (B) Alcohol consumption on the venue premises shall be strictly prohibited for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (f) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(g) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
(1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older. 730
11/5/23, 8:14 PM Today's Law As Amended - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202120220SB1186&showamends=false 3/6 (2) Cannabis consumption is not visible from any public place or nonage-restricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the premises. (h) This division shall not be interpreted to supersede Section 6404.5 of the Labor Code. (i) This section does not alter or affect the prohibition on the sale of alcoholic beverages by a licensee, as provided in Section 26054, on or at a venue premises licensed under this division.
SEC. 1.5. Section 26200 of the Business and Professions Code is amended to read:
26200. (a) (1) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (2) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.
(b) This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements.
(c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030). (d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county.
(e) (1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following:
(A) The requirements of paragraphs (1) to (3), inclusive, of subdivision (g). (B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity. (C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses, except as otherwise provided in paragraphs (6), (7), and (8). (D) A state temporary event license shall only be issued in local jurisdictions that authorize such events. (E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department.
(2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the 731
11/5/23, 8:14 PM Today's Law As Amended - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202120220SB1186&showamends=false 4/6 amount of the license fee for each violation, consistent with Sections 26018 and 26038. (3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3). (5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (6) (A) All licensees who are issued a state temporary event license allowed pursuant to this subdivision may, upon completion or cessation of the temporary event, reconcile unsold inventory of cannabis or cannabis products and return it to the licensee’s retail premises. (B) All unsold inventory of cannabis or cannabis products from the temporary event shall be noted in track and trace prior to transport.
(C) All unsold inventory of cannabis or cannabis products from the temporary event shall be in its original packaging in which it was placed pursuant to Chapter 12 (commencing with Section 26120). (7) The inventory of cannabis or cannabis products authorized to be sold by a state temporary event license pursuant to this subdivision shall only be transported to and from the temporary event by a licensed distributor or licensed microbusiness.
(8) The department shall not deny an application for a state temporary event license pursuant to this subdivision solely on the basis that there is a license issued pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000)) for the proposed premises of the event. Furthermore, the Department of Alcoholic Beverage Control shall not take any disciplinary action against a person licensed pursuant to the Alcoholic Beverage Control Act on the basis of a state temporary event license issued by the department to a licensee pursuant to this subdivision that utilizes the same premises as the person licensed pursuant to the Alcoholic Beverage Control Act.
(A) All on- and off-sale privileges of alcoholic beverages at the venue shall be suspended for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (B) Alcohol consumption on the venue premises shall be strictly prohibited for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (f) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(g) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
(1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older. (2) Cannabis consumption is not visible from any public place or nonage-restricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the premises. (h) This division shall not be interpreted to supersede Section 6404.5 of the Labor Code. (i) This section does not alter or affect the prohibition on the sale of alcoholic beverages by a licensee, as provided in Section 26054, on or at a venue premises licensed under this division. 732
11/5/23, 8:14 PM Today's Law As Amended - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202120220SB1186&showamends=false 5/6 SEC. 2. Chapter 26 (commencing with Section 26320) is added to Division 10 of the Business and Professions Code, to read:
CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act 26320. The Legislature finds and declares as follows:
(a) Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products. (b) It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis. 26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients’ Right of Access Act. (b) For purposes of this chapter:
(1) “Medicinal cannabis” means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.
(2) “Medicinal cannabis business” means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license. (3) “Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code. (4) “Regulation” means a local ordinance, regulation, policy, or practice. 26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:
(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2) The operating hours of medicinal cannabis businesses. (3) The number or frequency of sales by delivery of medicinal cannabis. (4) The types or quantities of medicinal cannabis authorized to be sold by delivery. (5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established. (b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2) Security or public health and safety requirements.
(3) Licensing requirements.
733
11/5/23, 8:14 PM Today's Law As Amended - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202120220SB1186&showamends=false 6/6 (4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction.
(d) This section shall become operative on January 1, 2024. 26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction. (2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction. (3) The Attorney General.
(4) Any other party otherwise authorized by law.
(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. (c) This section shall become operative on January 1, 2024. 26324. Nothing in this chapter shall be construed to limit or otherwise affect the ability or right of a local jurisdiction to regulate adult-use cannabis pursuant to Section 26200. 26325. This chapter addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution.
SEC. 3. Section 1.5 of this bill incorporates amendments to Section 26200 of the Business and Professions Code proposed by both this bill and Assembly Bill 2210. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 26200 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 2210, in which case Section 1 of this bill shall not become operative.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. 734
Atachment 2
Proposed Amendments – PLN23-20063 – Zoning Code Amendment Amending Sec�ons 120.03.030, 120.04.150 and 120.06.010 (Delivery Only Medicinal Cannabis Retailers)
Sec. 120.03.030. - Commercial and industrial permited uses and development standards. .
.
.
TABLE 3.3-1.
USE MATRIX FOR COMMERCIAL, BUSINESS PARK, INDUSTRIAL AND SPECIAL PURPOSE ZONES .
.
.
Land Use C-1/C-P C-P-S C-O I-P M-SC M-M M-H W-1 Special Provisions
Medical marijuana dispensary Not permitted in any zone per this Code of Ordinances Medicinal cannabis retailer,
delivery-only C C Section
120.04.150
.
.
.
Sec. 120.04.150. - Cannabis facili�es, cul�va�on, and deliveries. .
.
.
(b) Purpose. The purpose of this sec�on is to prohibit commercial cannabis facili�es within the city, except as expressly authorized herein, and to regulate cannabis delivery and cul�va�on within the city limits.
(c) Commercial cannabis facilities and cannabis deliveries.
1. Commercial cannabis facili�es are prohibited in all zones in the city, except that a delivery- only medicinal cannabis retailer (Type 9 retail license from the State’s Department of Cannabis Control with an M -designa�on) may be condi�onally permited in the I -P and M-SC zones, subject to the requirement paragraph (g) of this sec�on and provided that the delivery-only medicinal cannabis retailer is located a minimum of 1,000 feet from a residen�al use or zone as measured by the nearest property lines . No person or en�ty 735
may establish or operate a commercial cannabis facility within the city limits, except for a delivery-only medicinal cannabis retailer with all appropriate permits.
2. No property owner may allow its p r o p e r t y t o b e u s e d b y a n y p e r s o n o r e n � t y a s a commercial cannabis facility within the city limits, except for a delivery -only medicinal cannabis retailer with all appropriate permits.
3. The delivery of cannabis to any person within the city limits is prohibited, except for deliveries of medicinal cannabis by a primary caregiver to one of the primary caregiver's qualified pa�ents or to an exempt facility. These deliveries are only permited to occur from the hours of 7:00 a.m. to 8:00 p.m., and to a private residence or an exempt facility. .
.
.
(g) Conditions of approval . A condi�onal use permit for a delivery -only medicinal cannabis retailer shall include the following minimum condi�ons of approval.
1. The premises must be equipped with an odor absorbing ven�la�on and exhaust system so that odor generated inside the cannabis business that is dis�nc�ve to its opera�on is not detected outside the cannabis business, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any other areas available for common use by tenants or the visi�ng public, or within any other unit located within the same building as the cannabis business. As such, cannabis businesses must install and maintain the following equipment or any other equipment which the City determines has the same or beter effec�veness:
a. An exhaust air filtra�on system with odor control that prevents internal odors from being emited externally; or
b. An air system that creates nega�ve air pressure between the cannabis businesses' interior and exterior so that the odors generated inside the cannabis business are not detectable outside the cannabis business.
2. Interior and exterior cameras shall be installed that meet all of the requirements of Department of Cannabis Control Regula�on 15044 pertaining to video surveillance systems, and such surveillance system shall be maintained in good working order. The City shall have final approval over the loca�on of security cameras and their placement shall not be altered therea�er without the prior approval of the City.
3. An alarm system shall be installed and operated that complies with Department of Cannabis Control Regula�on 15047.
736
4. Commercial grade, non-residen�al locks shall be used on all points of entry and exit to the premises, and on all limited-access areas within the interior of the premises in compliance with Department of Cannabis Control Regula�on 15046.
.
.
.
Sec. 120.06.010. - Glossary of terms.
(a) For the purpose of this zoning �tle, certain words and terms used in this �tle are defined as follows:
.
.
.
Medical marijuana dispensary means a facility or loca�on, whether fixed or mobile, where medical marijuana is made available to, distributed by, or supplied to more than a single:
(1) Qualified pa�ent;
(2) Person with an iden�fica�on card; or
(3) Primary caregiver.
The term "medical marijuana dispensary" includes a medical marijuana coopera�ve. A medical marijuana coopera�ve is two or more persons collec�vely or coopera�vely cul�va�ng, using, transpor�ng, possessing, administering, delivering or making available medical marijuana, with or without compensa�on. All terms used in this chapter, including but not limited to "medical marijuana," "qualified pa�ent," "iden�fica�on card" and "primary caregiver," shall be as defined in strict accordance with Health and Safety Code § 11362.5 et seq.
.
.
.
737
• Allow in the Industrial Park (I-P) Zone and Manufacturing Service Commercial (M-SC) Zone with a Conditional Use Permit (CUP).
• Prohibit within 1,000 ft. of residential use or zone.
PLN23-20063 - Zoning Code Amendment - SB 1186
AREA 1
AREA 2
1,000 �. buffer
from residen�al
738
Cannabis Delivery Only Ordinance CC - Page 1 of 1
3512 14 Street
Riverside, California 92501
(951) 368-9229
[email protected]
CITY OF EASTVALE
12363 LIMONITE AVE
MIRA LOMA, California 91752
Account Number: 5209843
Ad Order Number: 0011635672
Customer's Reference/PO Number:
Publication: The Press-Enterprise
Publication Dates: 12/01/2023
Total Amount: $280.47
Payment Amount: $0.00
Amount Due: $280.47
Notice ID: LbAbjubrfGaQPxKI3NjN
Invoice Text: CITY OF EASTVALE PLANNING COMMISSION NOTICE OF PUBLIC HEARING PROJECT NO. PLN23-20063 – ZONING CODE AMENDMENT AMENDING SECTIONS 120.03.030, 120.04.150 AND 120.06.010 (DELIVERY ONLY MEDICINAL
CANNABIS RETAILERS) OF THE EASTVALE MUNICIPAL CODE NOTICE IS HEREBY GIVEN that the City of Eastvale City Council will hold a public hearing on Wednesday, December 13, 2023, at 6:30 p.m. at Eastvale City Hall Council Chambers located at 12363 Limonite Ave., Suite 900, Eastvale, CA 91752 , to consider Project No. 23-20063 Zoning Code Amendment to amend Sections 120.03.030, 120.04.150, and 120.06.010 (delivery only medicinal cannabis retailers) to the Eastvale Municipal Code. PROJECT DESCRIPTION: The proposed text amendments involve amending Sections 120.03.030, Section 120.04.150, and 120.06.010 of the Eastvale Municipal Code, which would allow cannabis retailers to engage solely in the sale of medicinal cannabis and medicinal cannabis products on a delivery only basis to locate in the I-P and M-SC zones with a conditional use permit, in compliance with Senate Bill (SB) 1186. PROJECT LOCATION: Citywide.
ENVIRONMENTAL: Pursuant to the provisions of the California Environmental Quality Act (CEQA Public Resources Code, Section 21084 et. seq.), the proposed text amendment meets the criteria under Section 15060(c)(3), as it is not a project as defined in Section 15378 of the CEQA Guidelines. No further environmental review pursuant to CEQA is required. Any person may submit written comments prior to the public hearing or may appear in person before the City Council to be heard. Written comments may be mailed to the City of Eastvale Planning Department located at 739
Cannabis Delivery Only Ordinance CC - Page 1 of 1
The Press-Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
CITY OF EASTVALE
12363 LIMONITE AVE , STE 910
MIRA LOMA, California 91752
Publication: The Press-Enterprise
PROOF OF PUBLICATION OF
Ad Desc: 0011635672
FILE NO. 0011635672
PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the above-
entitled matter. I am an authorized
representative of THE PRESS-
ENTERPRISE, a newspaper of general
circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a
newspaper of general circulation by the
Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, of which the annexed is
a printed copy, has been published in
said newspaper in accordance with the
instructions of the person(s) requesting
publication, and not in any supplement
thereof on the following dates, to wit:
12/01/2023
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.
Date: December 1, 2023.
At: Riverside, California
______________________________
Signature
740
RESOLUTION NO. 23-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING THE CITY’S PERSONNEL POLICIES AND PROCEDURES MANUAL WHEREAS, the City of Eastvale’s Personnel Policies and Procedures Manual (“Personnel Rules”) is the official document containing the employment policies of the City; and WHEREAS, the Personnel Rules are a living document that is reviewed and updated as necessary or desirable to ensure the City’s employment policies are in compliance with applicable laws and regulations and to ensure the City is able to attract and retain top talent; and
WHEREAS, the Personnel Rules were last updated on January 28, 2021, by Resolution 21-
02. NOW, THEREFORE, the City Council of the City of Eastvale does hereby resolve, determine, and order as follows:
SECTION 1. The above recitals are true and correct and are incorporated as a material part of this resolution
SECTION 2. The Personnel Policies and Procedures Manual attached hereto as Exhibit “A” and incorporated herein by reference is adopted and shall take effect on December 18, 2023. Any and all prior approved versions of the Personnel Policies and Procedures Manual shall no longer be of any force and effect as of December 18, 2023.
PASSED, APPROVED AND ADOPTED this 13th day of December 2023. __________________________________________
Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
741
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 23-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 13 th day of December 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
742
AGENDA STAFF REPORT
City Council Meeting
CITY COUNCIL BUSINESS
Agenda Item No. 14.1
December 13, 2023
Independent ZIP Code Advocacy - United States Postal Service’s 92880 Municipality Designation Change Survey Updates
Prepared By:
Alexander Fung, Economic Development Manager
Recommended Action(s)
Staff recommend that the City Council receive-and-file updates regarding United States Postal Service’s ZIP Code 92880 Municipality Designation Change Survey.
Summary
Eastvale residents and businesses experience various major challenges as a result of sharing Zoning Improvement Plan (ZIP) codes with neighboring jurisdic0ons. Currently, Eastvale shares ZIP Code 91752 with Jurupa Valley and ZIP Code 92880 with Corona and Chino. ZIP Code 92880 also appears to include small por0ons of unincorporated areas in Orange County and Riverside County. The most updated ZIP code maps can be found at
https://tools.usps.com/zip-code-lookup.htm
.
Having mul0ple ZIP codes that do not match Eastvale’s municipal boundaries impacts local residents and businesses’ ability to embrace Eastvale’s iden0ty. Addi0onally, this creates challenges with emergency management, public safety, business a>rac0on, mail delivery, and other issues. In November 2023, the City released a video highligh0ng the importance of Eastvale having its independent ZIP code. The video can be found on YouTube at https://www.youtube.com/watch?
v=4zU90Jymw2c
.
Through various advocacy efforts that occurred between August 2022 and November 2023, city staff successfully lobbied the United States Postal Service (USPS) to implement revisions to ZIP Code 92880. This item summarizes recent updates regarding the City’s ZIP code advocacy efforts. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
743
Background
Previously, city staff developed a White Paper to highlight the importance for the City to have an independent ZIP code. This White Paper summarizes various issues and challenges that the City, residents, and businesses face with two ZIP codes that are shared with neighboring communi0es. A copy of the White Paper can be found in Attachment 1.
Based on informa0on shared by the U.S. Congressional Research Service (A>achment 2), there are two ways for a municipality to request its ZIP code boundaries be changed:
Method 1: ZIP Code Boundary Review Process
Any municipality or community group seeking a ZIP code change can submit the request in wri0ng to the USPS. The USPS will evaluate the request based on cost, mail delivery impacts, and issues related to community iden0ty. If the request is granted, the USPS will arrange a mee0ng with the proponent group to discuss USPS’s proposed accommoda0on. Once an agreement is reached, the USPS will commission a formal survey of customers who would be affected by the proposed ZIP code change. If a simple majority of the impacted residents approve, the USPS will no0fy the affected customers of the official ZIP code change by mail, then provide the impacted residents with one year to transition their ZIP codes.
In the event that a ZIP code boundary request is denied by the USPS, proponent groups have 45 days to submit appeals.
Method 2: Acts of Congress
Congress may introduce legisla0on that requires the USPS to create a single ZIP code for a specified community. The most recent example of a ZIP code created by statute occurred in 2006 as part of the Postal Accountability and Enhancement Act. This Act granted ZIP code changes to Bradbury, CA, Discovery Bay, CA, Auburn Township, OH, and Hanahan, SC.
Advocacy Progress
Since August 2022, city staff provided more than 100 community presenta0ons to spread awareness and garner support from residents and stakeholders. To date, the City received more than 1,400 le>ers of support, partnered with Riverside County Supervisor Karen Spiegel to successfully have the Riverside County Board of Supervisors to adopt a resolu0on endorsing the City’s ZIP code advocacy efforts, and partnered with State Senator Richard Roth and Assemblymembers Sabrina Cervantes and Bill Essayli to introduce Senate Joint Resolu0on (SJR) 3 in the California Legislature.
Addi0onally, the City partnered with Congressmembers Ken Calvert and Norma Torres to introduce and co-sponsor H.R. 696 and H.R. 860, which would grant Eastvale a new and independent ZIP code through congressional actions.
Bill texts for SJR 3, H.R. 696, and H.R. 860 can be found in Attachments 3, 4, and 5, respectively.
USPS Municipality Designation Name Change Survey
Earlier last year, the City submitted an official ZIP Code Boundary Review Request letter (Attachment 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
744
6) to the USPS based on the procedures outlined in the U.S. Congressional Research Service. The submi>ed request stated the City’s intent for Eastvale to have a new and independent ZIP code due to the various challenges that the community is experiencing. In December 2022, the USPS denied the request (Attachment 7) and cited mail delivery challenges and increased costs.
A month aMer the City received USPS’ denial no0ce, the City submi>ed an appeal le>er (A>achment 8) reques0ng addi0onal considera0on be provided. In June 2023, the City received a final le>er from the USPS sta0ng that the agency will uphold the denial for a new and independent ZIP code for Eastvale; however, USPS staff provided a proposal (Attachment 9) for the City’s consideration.
USPS’ proposal included changing ZIP Code 92880’s official municipality designa0on from “Corona” to “Eastvale.” However, this proposal would include the USPS surveying all of ZIP Code 92880’s addresses. At least 50% of the addressees polled must respond to the survey and at least a majority of those who responded must approve the change. If the change is approved, “Eastvale” will serve as ZIP Code 92880’s official municipality designa0on and “Corona” will serve as ZIP Code 92880’s alternate municipality designa0on. AMer a thorough discussion, the City Council voted on June 28, 2023, to allow the USPS to proceed with the survey.
Acknowledging that city staff was preparing to launch a comprehensive outreach ini0a0ve and that the USPS planned to release the survey in December 2023, the City Council voted on October 25, 2023 to approve the hiring of two consultant firms, KHK Solu0ons and Mind & Mill, to provide staff with addi0onal professional poli0cal and innova0ve marke0ng support. Each contract was approved with not-to-exceed amounts of $30,000.00 and valid for six months.
The USPS met with the City several 0mes between July 2023 and November 2023 to discuss the details and logis0cs of the survey's administra0on. Representa0ves from Senator Padilla's Office, Congressman Ken Calvert's Office, and Congresswoman Norma Torres' Office accompanied the City to par0cipate in these mee0ngs. As the City was expec0ng the USPS to finalize the survey's release date, USPS staff unexpectedly announced the cancella0on of the survey and agreed to change ZIP Code 92880's official municipality designa0on from "Corona" to "Eastvale." The USPS confirmed that this change will be implemented on January 1, 2024. AMer the USPS' announcement, staff ceased the survey's outreach activities and terminated the consultant contracts.
While the USPS' announcement serves as a major victory for the Eastvale community, the City con0nues to lack an independent ZIP Code. Outstanding challenges include business a>rac0on and reten0on difficul0es, residents and businesses in ZIP Code 91752 receiving "Mira Loma" addresses, and possible payment rate mismatches and mail delivery issues for 91752 cons0tuents, where the city largest businesses and employers reside. City staff remains commi>ed to partnering with congressional representa0ves to pass H.R. 696 and H.R. 860, which direct the USPS to grant Eastvale a new and independent ZIP code.
Environmental
This item is not a project as defined by the California Environmental Quality Act (CEQA). As a result, no environmental review efforts are required.
Strategic Plan Action - Priority Level: 1
| Target #: B
| Goal #: B
The City’s independent ZIP code advocacy efforts significantly support the endeavor to develop 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
745
branding and iden0ty for Eastvale. Addi0onally, obtaining a new and independent can support the creation of “Destination Eastvale.”
Fiscal Impact
This item does not result in any direct fiscal impacts to the City. The City Council previously voted on October 25, 2023 to execute Professional Services Agreements with KHK Solu0ons and Mind & Mill to provide addi0onal poli0cal and innova0ve marke0ng support for the outreach ini0a0ve.
However, these contracts were terminated following the USPS' announcement on changing ZIP Code 92880's official municipality designation from "Corona" to "Eastvale." Prior City Council/Commission Action
The City Council received presenta0ons on the City’s independent ZIP code advocacy efforts on September 28, 2022, and January 25, 2023.
On June 28, 2023, the City Council voted to approve USPS’s proposal to survey all “92880” addressees in an attempt to revise the ZIP Code’s official municipality name to “Eastvale.”
The Planning Commission and the Public Safety Commission also received presenta0ons on the ZIP code advocacy efforts on September 20, 2023, and September 26, 2023, respectively.
On October 25, 2023, the City Council voted to authorize the City Manager to execute Professional Services Agreements with KHK Solu0ons and Mind & Mill in the total not-to-exceed amounts of $60,000.00 for political and innovative marketing support.
On November 28, 2023, the Public Safety Commission also received updates on the ZIP Code 92880 Survey’s outreach initiative.
Attachment(s)
Attachment 1 - Independent ZIP Code White Paper
Attachment 6 - The City of Eastvale’s ZIP Code Boundary Review Request Letter to USPS
Attachment 7 - USPS’s ZIP Code Boundary Review Request Denial Letter
Attachment 8 - The City of Eastvale’s ZIP Code Boundary Review Request Appeal Letter to USPS
Attachment 9 - USPS’s ZIP Code Boundary Review Request Appeal Response Letter Attachment 5 - H.R. 860 Bill Language
Attachment 2 - Congressional Research Service's Article on ZIP Code Boundary Review Process
Attachment 3 - SJR 3 Bill Language
Attachment 4 - H.R. 696 Bill Language
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
746
The Need for an
Independent Zip Code
747
1 Abstract
Without a definitive zip code, Eastvale is often
overlooked and omitted from consideration by
commercial developers and businesses, affecting our
sales tax base.
According to the United States Postal Service, Eastvale is an “alternative city name for two Mira Loma zip
codes.” However, since 2010, Eastvale is a growing
full-fledged city, incorporated under Riverside County
Local Annexation Law.
This paper highlights the need to correct the
incongruency between perception and reality and
establish Eastvale as a vibrant, unique place with its
own zip code.
Background
The ability to diversify and strengthen the City’s tax
base is central to its fiscal health and sustainability.
The lack of a definitive zip code impacts the City’s
identity and economic culture.
Zip codes are not always aligned with municipal
boundaries. As of today, Eastvale has two zip codes:
92880, which is shared with the Cities of Chino,
Norco, and Ontario and 91752, which is shared with
the City of Jurupa Valley. There is an inconsistency
within the 91752 zip code geographic area because
the area is coded as Mira Loma on postal mail which
does not exist. Prior to incorporation, this assignment was acceptable when the population of what was
then known as Mira Loma was minimal. However, in
2022 the old designation is causing significant
problems for the City of Eastvale’s 71,000+ residents
and businesses.
Mira Loma has been annexed by the cities of Eastvale
and Jurupa Valley and no longer exists as a
municipality or census-designated place in Riverside
County.
748
2 Where is Eastvale?
This is a common question, even from those who
reside in the same county less than five miles away.
Eastvale is one of the newest cities in Western
Riverside County and California. Geographically,
Eastvale is 13.1 square miles and “landlocked” by the
cities of Chino, Jurupa Valley, Ontario, and Norco.
Eastvale’s proximity to Ontario International Airport
and Interstate 15 and California State Routes 91, 60,
and 71 make it a hub to the region and a part of a
fast-growing global economy.
Prior to incorporation, the area was a census-
designated place in Riverside County known as Mira
Loma. The City transitioned from cows and farmland
to over 16,000 households with a burgeoning
commercial presence.
749
3 What’s the Problem?
Like other Cities, Eastvale competes for commercial
development. Commercial developers make business
decisions based on the 1 mile, 3 mile, and 5 mile trade areas. Zip codes set these trade areas. Without an
independent zip code, Eastvale’s population
demographics are grouped with residents from
neighboring cities - leaving out crucial information
that is specific to Eastvale resident's demographics.
Demographics in Eastvale are unique and may attract
a different set of commercial vendors than
surrounding communities. The City’s residents have
an average age of 37, the median income is over
$140,000, and at least 41% of the population has a
bachelor’s degree or other higher education. With this
demographic, commercial developers see an
opportunity to do business in Eastvale.
Eastvale has incurred difficulty from the development
community because our trade area is not distinct as
the zip codes pull economic data from surrounding
communities versus evaluating Eastvale’s data, and it
is challenging to carve out Eastvale as a niche market
in the region.
One of the top 25 sales tax-generating businesses in
Eastvale has significant issues with truck deliveries
because the zip code 92880 shows the city of Corona
in all wayfinding and directional applications, thereby sending deliveries to the wrong city.
Currently, Eastvale residents are assigned mailing
addresses bearing the names of neighboring
jurisdictions. Having an address improperly associated
with another city causes higher insurance rates. For
example, the recent wildfires in Corona have affected
insurance rates and, in some cases, caused people to
lose insurance or not be able to obtain insurance.
Emergency response concerns have arisen after a
small earthquake, with an epicenter located in
Eastvale, was mistakenly reported in Mira Loma by
750
4 the U.S. Geological Survey (USGS). While this
earthquake was small, and no damages were
reported, it demonstrated an issue should a
significant natural disaster or emergency arise in
Eastvale. When these occurrences are linked to the
incorrect City it has the potential to delay local, state, and federal support efforts which puts our residents
and infrastructure at risk.
A lack of a definitive zip code causes confusion with
voter registration, misdirected property, and sales tax revenues, and decreased property values because
comparable sales are mixed with adjacent
communities and not exclusive to Eastvale. Thus the
continuity of property values is disrupted.
Eastvale is a community rich in vitality where many
residents have chosen to raise a family. Zip code
discrepancies have impacted eligibility for local sports leagues who use this information to determine who
can participate.
The need to use mailing addresses from neighboring
jurisdictions essentially strips a part of Eastvale’s
hard-earned community identity and pride. This issue
is particularly pronounced for Eastvale because the
City is only nine years young and is still developing
into a full-service city.
Norco College, part of Riverside Community College
District and fifth largest community college district in California, has difficulty accounting for the amount of Eastvale residents enrolled at the College. This
discrepancy requires a manual and time-consuming
process utilizing Geographic Information Systems to
individually map Eastvale residents within the two zip
codes. A letter from the President of Norco College is
included as an attachment.
Official mail from the City of Eastvale is being
returned from the United States Postal Service with
the city name “Eastvale” crossed out and the name
“Corona” written instead. This impacts legal notices
751
5 sent from the City to residents about development,
Code enforcement and City events and impacts the
delivery of all mail to businesses and residents.
Without a postal location, we are associated with the
rural routes in the nearby City of Norco, rather than
the suburban zones that exist in Eastvale. This
confusion exacerbates delays in mail deliveries.
Formal Request to Establish Independent Zip Code
The City engaged its Congressional Representative,
Ken Calvert, to document the need for an
independent zip code.
Since its incorporation in 2010, the City submitted
letters documenting the impacts associated with a
lack of an independent zip code.
The Eastvale business community loses revenue
because the zip code does not coincide with the City
boundaries. Multiple zip codes cause confusion with
deliveries, receipt of mail, and patronage because
mapping programs are based on zip codes and send
drivers to the wrong location. Receipts from
businesses located in Eastvale show Jurupa Valley,
Mira Loma and Corona as their location Copies of
receipts and the postal notification are attached to
document this ongoing issue.
The City of Eastvale is no longer an alternate city
name for an area that was previously unincorporated
Riverside County. The City of Eastvale is a full-fledged city that has quickly built one of the fastest-growing
cities in Riverside County. Establishing a zip code for the City is vital to the growth and sustainability of
Eastvale.
752
6 Attachments
753
7 92880 Zip Code listed as Corona for Eastvale
business Jono’s Simple Japanese
Starbucks adjacent to Eastvale City Hall
754
8 Businesses in the Eastvale Gateway Shopping
Center (same shopping center as Eastvale City
Hall).
755
9 United States Postal Service Domestic Return
Receipt with Eastvale crossed out.
Certified Mail returned as an insufficient
address.
756
10 Google Maps Image of the same address.
757
758
759
760
761
September 26, 2022
The Honorable Clint Lorimore
Mayor, City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
RE: Support for Eastvale’s Independent Zip Code Campaign
Dear Mayor Lorimore,
On behalf of the City of Ontario, I write to express our support for the City of Eastvale to have its own independent zip code. We recognize that establishing an independent zip code for the City is vital to Eastvale’s growth . The absence of an independent zip code for Eastvale has led to mail delivery issues, which impact legal notices, code enforcement activities, and public outreach efforts.
Understanding that the lack of a definitive zip code impacts the City of Eastvale’s identity, economic culture, and quality of life, Ontario supports an independent zip code that is specifically assigned to the City of Eastvale.
Sincerely,
Paul S. Leon
Mayor
762
The Honorable Clint Lorimore
Mayor
City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Dear Mayor Lorimore,
On behalf of the Eastvale Chamber of Commerce, I write to express our utmost support for the City of Eastvale to have its own independent zip code. We acknowledge that the City currently shares Zip Code 91752 with the City of Jurupa Valley and Zip Code 92880 with the City of Corona.
However, the City of Eastvale has quickly expanded as one of the fastest -growing cities in California. We recognize that establishing a n independent zip code for the City is vital to Eastvale’s growth.
The lack of an independent zip code for Eastvale has led to mail delivery issues, which impact legal notices, code enforcement activities, and public outreach efforts. Additionally, having an address that is improperly associated with another jurisdiction has led to higher insurance rates for Eastvale residents. Recent wildfires in Corona have affected Eastvale’s wildfire insurance rates. In some cases, this led to residents losing insurance or not being able to obtain insurance.
The lack of an independent zip code also causes confusion with voter registration and elections, impacts Eastvale’s efforts to build a community identity, and interferes with emergency response activities.
Understanding that the lack of a definitive zip code impacts the City of Eastvale ’s identity, economic culture, and quality of life, Eastvale Cham ber of Commerce hereby support s an independent zip code that is specifically assigned to the City of Eastvale. Should you have any questions, please do not hesitate to contact Hari Dhiman, President of the Eastvale Chamber of Commerce at [email protected].
Sincerely,
Hari Dhiman
President
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2001 Third Street Norco, CA 92860 www.NorcoCollege.edu
September 12, 2022
City of Eastvale
Mayor Pro Tem Todd Rigby
12363 Limonite Avenue #910
Eastvale, CA 91752
Dear Mayor Pro Tem Rigby,
I am writing to share a challenge the college has encountered for our students who reside in Eastvale.
Currently, there are two zip codes in Eastvale recognized by the US Postal Service (92880 and 91752) that are recognized in other cities. Eastvale city boundaries transect portions of both 92880 (Corona) and 91752 (Mira Loma); therefore, we cannot use those zip codes to accurately identify Eastvale students. This creates challenges for both the students and the college's method of reporting student population by city. Students living in Eastvale under these zip codes must choose either Corona or Mira Loma as their city address because our student system is designed to pull from the primary zip code designation identified by USPS. The only method that we have at this point in time for accurately identifying Eastvale students is to take all addresses on file, submit it to GIS (Geographical Information Systems) experts to geolocate their address on a map, and then identify which students are within the city boundaries based on their map location.
Assigning Eastvale zip codes unique to the city would eliminate confusion for our students in our neighboring communities.
Thank you for your continued support of Norco College.
Sincerely,
Monica L. Green, Ed.D.
President, Norco College
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Letter of Support - Eastvale Chinese American Association Letter of Support - Eastvale Kiwanis Club
Letter of Support - Norco College
Letter of Support - Riverside County Sheriff's Department 771
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January 13, 2023
Paul Tidwell
Manager, Rural Delivery
U.S. Postal Service
475 L’Enfant Plaza, SW, Room 7416
Washington, DC 20260
Dear Mr. Tidwell:
As the representative of California’s new 35th congressional district, which now includes portions of the City of Eastvale, I write in support of the City’s desire for a single, unique zip code. Establishing an independent zip code is important in order to ensure economic security and public safety for the residents of Eastvale.
Currently, the lack of an independent zip code for Eastvale has presented challenges to many residents and small businesses in the community, including mail delivery issues, effective emergency response activities, higher car and insurance payments along with confusion with voter registration and the electoral process.
Without a unique zip code, the City of Eastvale is unable build a community identity.
Furthermore, I support an independent zip code for the City of Eastvale so that all residents are ensured economic security and safer communities. I look forward to your response. Should you have any questions, please contact [email protected].
Sincerely,
Norma J. Torres
Member of Congress
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November 22, 2022
Mr. Robert Fernandes
Customer Relations Manager
United States Postal Service – Santa Ana District
3101 W. Sunflower Avenue
Santa Ana, CA 92799
RE: LETTER OF SUPPORT FOR CITY OF EASTVALE’S ZONING IMPROVEMENT PLAN CODE
BOUNDARY REVIEW REQUEST
Dear Mr. Fernandes:
It is with great pleasure that I write in strong support of the City of Eastvale’s request for the United States Postal Service (USPS) to review Eastvale’s existing zoning improvement plan code (ZIP) codes and carefully consider assigning a new and independent ZIP code that is specific to the City of Eastvale.
The City of Eastvale was incorporated on October 1, 2010 and currently shares Zip Code 91752 with the City of Jurupa Valley and Zip Code 92880 with the City of Corona. Since 2010, The City of Eastvale’s population has increased dramatically, from 53,958 residents in 2010 to 71,375 residents in 2022, a 32% population increase. This influx of residents and businesses has made the task of securing an independent zip code critical to fortifying Eastvale’s identity as a new city and crucial to the continuance of daily activities without complications.
The lack of an independent Zip Code has burdened Eastvale’s residents with mail delivery disruptions, miscalculated insurance rates, and voter confusion. Moreover, the disruptions to mail delivery have amounted to real consequences for residents, such as missed legal notices, code enforcement information, and public outreach materials.
Additionally, having an address that is improperly associated with another jurisdiction has affected Eastvale’s wildfire rates. In some instances, residents have encountered issues obtaining insurance coverage at all. Furthermore, the City of Eastvale’s lack of an independent zip code has caused confusion with voter registration and elections.
Understanding these impacts, I proudly offer support for the City of Eastvale’s request to review the zoning improvement plan code boundary and encourage USPS to invest in its efforts to uplift our region. Thank you in advance for your consideration. I welcome the opportunity to further discuss the importance of this matter with you.
Sincerely,
RICHARD D. ROTH
31st Senate District
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4080 LEMON STREET ● 5TH FLOOR ● P.O. BOX 1646 ● RIVERSIDE, CALIFORNIA 92501 ● (951) 955-1020 www.rivcodistrict2.org
STAFF
PHIL PAULE, Chief of Staff
DEBORAH ROSE, Deputy Chief of Staff
LILIANA ALLIN, Office Administration/Legislative Assistant ELYSSE RICO, Media Coordinator
MELANIE BONILLA, Field Representative/Board Assistant
JACQUELINE ARMENTA, Youth Advisory Council/Legislative intern
KAREN SPIEGEL
SECOND DISTRICT SUPERVISOR
BOARD OF SUPERVISORS
November 21, 2022
The Honorable Clint Lorimore, Mayor
City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Dear Mayor Lorimore,
I write to express our utmost support for the City of Eastvale to have its own independent zip code. As you know, the City of Eastvale currently shares Zip Code 91752 and Zip Code 92880 with neighboring jurisdictions. However, the City of Eastvale has quickly expanded as one of the fastest-growing cities in California. I recognize that establishing an independent zip code for the City is important to Eastvale’s growth.
I understand that having an address that is improperly associated with another jurisdiction has led to higher insurance rates for Eastvale residents. Recent wildfires in Corona have affected Eastvale’s wildfire insurance rates. In some cases, this led to residents losing insurance or not being able to obtain insurance.
The City of Eastvale possessing an independent zip code will enhance Eastvale’s efforts to build a community identity, economic culture, and quality of life and I hereby support an independent zip code that is specifically assigned to the City of Eastvale.
Sincerely,
Karen Spiegel
Second District Supervisor
County of Riverside
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Phone: (909) 627 - 6177Email: [email protected]: 13150 7th Street, Chino, CA 91710 The Honorable Todd RigbyMayorCity of Eastvale12363 Limonite Avenue, Suite 910Eastvale, CA 91752 Dear Mayor Rigby,
On behalf of the Chino Valley Chamber of Commerce, I write to express ourutmost support for the City of Eastvale to have its own independent zipcode. We acknowledge that the City currently shares Zip Code 91752 andZip Code 92880 with neighboring jurisdictions. However, the City ofEastvale has quickly expanded as one of the fastest-growing cities inCalifornia. We recognize that establishing an independent zip code for theCity is vital to Eastvale’s growth.
The lack of an independent zip code for Eastvale has led to mail deliveryissues, which impact legal notices, code enforcement activities, and publicoutreach efforts. Additionally, having an address that is improperlyassociated with another jurisdiction has led to higher car payment andinsurance rates for Eastvale residents.
The lack of an independent zip code also causes confusion with voterregistration and elections, impacts Eastvale’s efforts to build a communityidentity, and interferes with emergency response activities.
Understanding that the lack of a definitive zip code impacts the City ofEastvale’s identity, economic culture, and quality of life, the Chino ValleyChamber of Commerce hereby supports an independent zip code that isspecifically assigned to the City of Eastvale. Should you have any questions,please do not hesitate to contact Zeb Welborn, President [email protected].
Sincerely,Zeb WelbornPresident
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December 21, 2022
Mayor Todd Rigby
City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Dear Mayor Rigby,
On behalf of the City of Norco, I write to express our utmost support for the City of Eastvale to have its own independent zip code. We acknowledge that the City currently shares Zip Code 91752 and Zip Code 92880 with neighboring jurisdictions and we recognize that establishing an independent zip code for the City is vital to Eastvale’s growth.
The lack of an independent zip code for Eastvale has created frustrating challenges for various stakeholders. These challenges include mail delivery issues, which impact legal notices, code enforcement activities and public outreach efforts. Additionally, the lack of an independent zip code has created confusion with voter registration and elect ions, impacted insurance rates and coverage options, and interfered with emergency response activities.
Understanding that the lack of a definitive zip code impacts the City of Eastvale’s identity, economic culture and quality of life, the City of Norco hereby supports an independent zip code that is specifically assigned to the City of Eastvale.
Sincerely,
Mayor Greg Newton
City of Norco
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September 26, 2022
The Honorable Clint Lorimore
Mayor, City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
RE: Support for Eastvale’s Independent Zip Code Campaign
Dear Mayor Lorimore,
On behalf of the City of Ontario, I write to express our support for the City of Eastvale to have its own independent zip code. We recognize that establishing an independent zip code for the City is vital to Eastvale’s growth . The absence of an independent zip code for Eastvale has led to mail delivery issues, which impact legal notices, code enforcement activities, and public outreach efforts.
Understanding that the lack of a definitive zip code impacts the City of Eastvale’s identity, economic culture, and quality of life, Ontario supports an independent zip code that is specifically assigned to the City of Eastvale.
Sincerely,
Paul S. Leon
Mayor
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The Honorable Clint Lorimore
Mayor
City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Dear Mayor Lorimore,
On behalf of the Eastvale Chamber of Commerce, I write to express our utmost support for the City of Eastvale to have its own independent zip code. We acknowledge that the City currently shares Zip Code 91752 with the City of Jurupa Valley and Zip Code 92880 with the City of Corona.
However, the City of Eastvale has quickly expanded as one of the fastest -growing cities in California. We recognize that establishing a n independent zip code for the City is vital to Eastvale’s growth.
The lack of an independent zip code for Eastvale has led to mail delivery issues, which impact legal notices, code enforcement activities, and public outreach efforts. Additionally, having an address that is improperly associated with another jurisdiction has led to higher insurance rates for Eastvale residents. Recent wildfires in Corona have affected Eastvale’s wildfire insurance rates. In some cases, this led to residents losing insurance or not being able to obtain insurance.
The lack of an independent zip code also causes confusion with voter registration and elections, impacts Eastvale’s efforts to build a community identity, and interferes with emergency response activities.
Understanding that the lack of a definitive zip code impacts the City of Eastvale ’s identity, economic culture, and quality of life, Eastvale Cham ber of Commerce hereby support s an independent zip code that is specifically assigned to the City of Eastvale. Should you have any questions, please do not hesitate to contact Hari Dhiman, President of the Eastvale Chamber of Commerce at [email protected].
Sincerely,
Hari Dhiman
President
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November 23, 2022
The Honorable Clint Lorimore
Mayor - City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Dear Mayor Lorimore:
On behalf of the Eastvale Chinese American Association, I write to express our utmost support for the City of Eastvale to have its own independent zip code. We acknowledge that the City currently shares Zip Code 91752 and Zip Code 92880 with neighboring jurisdictions. However, the City of Eastvale has quickly expanded as one of the fastest-growing cities in California. We recognize that establishing an independent zip code for the City is vital to Eastvale’s growth.
The lack of an independent zip code for Eastvale has led to mail delivery issues, which impact legal notices, code enforcement activities, and public outreach efforts. Additionally, having an address that is improperly associated with another jurisdiction has led to higher insurance rates for Eastvale residents. Recent wildfires in Corona have affected Eastvale’s wildfire insurance rates .
In some cases, this led to residents losing insurance or not being able to obtain insurance.
The lack of an independent zip code also causes confusion with voter registration and elections, impacts Eastvale’s efforts to build a community identity, and interferes with emergency response activities.
Understanding that the lack of a definitive zip code impacts the City of Eastvale’s identity, economic culture, and quality of life, ECAA hereby support s an independent zip code that is specifically assigned to the City of Eastvale. Should you have any questions, please do not hesitate to contact me any time. ECAA is always standby for our community.
Sincerely,
Woody Hwang
ECAA - Chair
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2001 Third Street Norco, CA 92860 www.NorcoCollege.edu
September 12, 2022
City of Eastvale
Mayor Pro Tem Todd Rigby
12363 Limonite Avenue #910
Eastvale, CA 91752
Dear Mayor Pro Tem Rigby,
I am writing to share a challenge the college has encountered for our students who reside in Eastvale.
Currently, there are two zip codes in Eastvale recognized by the US Postal Service (92880 and 91752) that are recognized in other cities. Eastvale city boundaries transect portions of both 92880 (Corona) and 91752 (Mira Loma); therefore, we cannot use those zip codes to accurately identify Eastvale students. This creates challenges for both the students and the college's method of reporting student population by city. Students living in Eastvale under these zip codes must choose either Corona or Mira Loma as their city address because our student system is designed to pull from the primary zip code designation identified by USPS. The only method that we have at this point in time for accurately identifying Eastvale students is to take all addresses on file, submit it to GIS (Geographical Information Systems) experts to geolocate their address on a map, and then identify which students are within the city boundaries based on their map location.
Assigning Eastvale zip codes unique to the city would eliminate confusion for our students in our neighboring communities.
Thank you for your continued support of Norco College.
Sincerely,
Monica L. Green, Ed.D.
President, Norco College
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Senate Joint Resolution No. 3
RESOLUTION CHAPTER 105
Senate Joint Resolution No. 3—Relative to the City of Eastvale. [Filed with Secretary of State June 20, 2023.]
legislative counsel’s digest
SJR 3, Roth. The City of Eastvale: ZIP Code.
This measure would urge the Congress of the United States to work with President Joseph R. Biden to authorize assigning the City of Eastv ale an independent ZIP Code.
WHEREAS, The City of Eastvale was incorporated on October 1, 2010.
Located in the County of Ri verside, before incorporation Eastv ale w as predominantly dairy farms and agricultural land; and
WHEREAS, The United States Postal Service uses Zone Impro vement Plan, commonly known as ZIP Codes, to route mail and deliver packages.
ZIP Codes assist the United States Postal Service’ s obligation to pro vide quality mail delivery to the American public at reasonable prices; and WHEREAS, The City of Eastv ale shares the ZIP Code 91752 with the City of Jurupa Valley. The ZIP Code is coded as the former Mira Loma community, which was annexed by the Cities of Eastvale and Jurupa Valley.
Additionally, the City of Eastvale also shares the ZIP Code 92880 with the City of Corona; and
WHEREAS, The City of Eastv ale has gro wn exponentially in the last two decades and currently has a population of o ver 71,000 according to 2021 census information; and
WHEREAS, Since its incorporation, the City of Eastvale has experienced various challenges because it shares ZIP Codes with neighboring jurisdictions; and
WHEREAS, It is difficult for certain businesses to expand in the City of Eastvale because commercial developers and businesses evaluate expansion decisions based on trade areas that are analyzed by ZIP Codes; and WHEREAS, Because the City of Eastv ale does not ha ve its o wn ZIP Code, its population demographics and economic data are inaccurately represented in various Geographic Information System (GIS) platforms that entities utilize to inform commercial attractiveness, insurance payment rates, and sales tax distribution decisions; and
WHEREAS, Eastvale residents and visitors experience navigational and mail delivery challenges because man y addresses in the City of Eastv ale are incorrectly identified as being located in Corona, Jurupa Valley, or Mira Loma; and
97 STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
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WHEREAS, Having an address improperly associated with another city has led to increased insurance rates for Eastv ale residents due to being grouped with other jurisdictions; and
WHEREAS, Lack of a definitive ZIP Code causes confusion with voter registration, misdirected property, possible decreased sales tax revenue, and decreased property values because comparable sales are mixed with adjacent communities and are not e xclusive to the City of Eastv ale. Thus, the continuity of property values is disrupted; and
WHEREAS, The City of Eastvale is also concerned about possible delays in response efforts in the event of a large-scale emergency such as wildfire, which has become fairly common; and
WHEREAS, Eastvale residents’ eligibility for sport league participation is impacted because many associations and sport entities set team limits and restrictions based on ZIP Codes; and
WHEREAS, The City of Eastv ale’s independent ZIP Code adv ocacy efforts ha ve been widely supported by federal, state, county , and local community members, including United States Senator Alex Padilla, United States Senator Dianne Feinstein, United States Representative Ken Calvert, United States Representative Norma Torres, Riverside County Supervisor Karen Spiegel, the City of Chino, the City of Corona, the City of Norco, and the City of Ontario, the Chino Valley Chamber of Commerce, the Eastvale Chamber of Commerce, the Eastv ale Chinese American Association, the Eastvale Kiwanis Club, Norco College, and the Riverside County Sheriff’s Department; and
WHEREAS, United States Representatives Ken Calvert and Norma Torres have introduced federal legislation granting the City of Eastvale a new and independent ZIP Code; and
WHEREAS, Granting the City of Eastv ale a new and independent ZIP Code would address its emer gency management, public safety , business attraction and retention, and insurance coverage challenges caused by factors that are outside of its control; now, therefore, be it
Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature urges the Congress of the United States to w ork with President Joseph R. Biden to authorize assigning the City of Eastv ale an independent ZIP Code; and be it further
Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and the Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, and to each Senator and Representati ve from California in the Congress of the United States, and to the author for appropriate distribution.
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AGENDA STAFF REPORT
City Council Meeting
CITY COUNCIL BUSINESS
Agenda Item No. 14.2
December 13, 2023
Amend Ar*cle I and Ar*cle IV of Eastvale Municipal Code Chapter
16.05 to Allow for Commercial Self-Hauling
Prepared By:
Simone Blackwell
Recommended Action(s)
Staff recommends that the City Council introduce, read by tle, and waive further reading of the amended self-haul ordinance addressing commercial self-haul.
Summary
The City of Eastvale currently prohibits commercial self-hauling in Chapter 16.05 (Arcle IV) of the municipal code. The proposed ordinance amendment would allow mulfamily and commercial businesses to manage organic waste and recyclable materials produced by their own operaons and self-haul these waste streams to an approved recycler. Commercial and mulfamily businesses would be required to adhere to the City’s current self-haul permit applicaon process and pay any applicable self-haul permit fees.
Trash produced by mulfamily and commercial businesses would connue to be prohibited from self-hauling activities and would require services from an approved City franchise hauler.
The proposed amendment will also include the addion and update of definions pertaining to self- hauling and back-hauling.
Background
On February 9, 2022, the City Council approved ordinance 22-02 which expanded the City’s exisng solid waste municipal codes to reflect State recycling requirements and established self-hauling requirements. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
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The City’s current self-haul municipal code, Chapter 16.05 (Arcle IV), allows residenal properes to haul trash, recyclables, and organic waste to an approved facility pending approval of a self-haul permit applicaon and payment of applicable fees. Commercial properes are not permi8ed to self- haul any waste streams and must establish hauling services with the City’s approved franchise hauler. To date, the City does not have any active self-haul permits.
The self-haul permit process includes an applicaon which details the type of vehicle ulized for hauling, proof of registraon, proof of CA driver’s license, proof of proper containers on-site for waste and recycling operaons, and proof of self-haul permit fee payment. Once the applicant has been issued a permit, they must adhere to the operaonal standards which include proper source separaon of recyclable materials, hauling to an approved permi8ed facility, up-to-date vehicle informaon, and proof of disposal. Self-haul permi8ees are also liable for any damages and clean-up costs resulting from any solid waste activities during self-hauling activities.
In the past year, some businesses with effecve recycling pracces have expressed interest in self- hauling recyclable materials. The proposed amendment would allow commercial and mulfamily self-hauling of organic and non-organic recyclables. If approved, commercial self-haulers would be required to comply with self-haul requirements, permi:ng processes, and pay any applicable fees.
The proposed amendment will also include new requirements specific to commercial self-haulers; proof of an active City business license and SB 1383 compliant self-haul recordkeeping practices.
Environmental
Not applicable.
Strategic Plan Action - Priority Level: N/A
| Target #: B
| Goal #: D
Approving the proposed self-hauling amendment would support the City's strategic plan goal of developing strategies for business retenon, business support, and business reward (Target B, Goal D).
Fiscal Impact
The amendment to this ordinance may result in increased self-haul permit revenue. Self-haul permit revenue is allocated to the general fund.
Prior City Council/Commission Action
On February 9, 2022, the City Council approved ordinance 22-02 which amended and restated Chapter 16.05 of the City of Eastvale municipal code.
Attachment(s)
Attachment 2 - Exhibit A
Attachment 1 - Self-Hauling Ordinance Amendment
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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EXHIBIT “A”
Article IV – Self-Hauling
Sec. 16.05.300. - Applicability.
Self-haul permits are available to commercial and single-family waste generators.
Single-family premises are permitted to self-haul gray-container waste, non-organic recyclables, and organic waste. Commercial premises are only permitted to self- haul/back-haul non-organic recyclables and organic waste. Commercial premises are not permitted to self-haul gray-container waste.
Sec. 16.05.310. - Self-haul permit.
(a) Permit required. The person in charge of a single-family or commercial premises may apply for and obtain a permit to self-haul, and shall not self-haul without a valid self-haul permit issued pursuant to this section. Every person in charge of a single- family or commercial premises who desires to self-haul in lieu of making arrangements with the appropriate solid waste franchisee for solid waste handling services shall obtain a self-haul permit from the city's community safety director or his or her designee prior to commencing self-hauling.
(b) Term. A permit to self-haul shall be good for one calendar year, or such part of the calendar year that is remaining after the issuance of the permit. All self-haul permits shall expire on December 31, and may be renewed annually. Application for a renewal permit must be filed at least 60 days prior to the expiration date of the permit to allow adequate time for processing, inspection and verifications required to issue the permit.
(c) Issuance of permit. An applicant for a self-haul permit shall submit a completed application, on a form approved by the city's community safety director, to the community safety department. The community safety director or his or her designee shall determine whether the application is complete within five working days of the receipt of the application. If the director or his or her designee finds the application incomplete, the applicant shall be given a list of further information needed to complete the application.
After it is determined that an application for a self-haul permit is complete, the applicant shall produce the items listed in numbers one through seven below. The community safety director or his or her designee shall issue a self-haul permit within five working days of the production of all of the required items.
(1) The applicant produces for inspection the vehicle the applicant intends to use for self-hauling, and the vehicle meets the following standards:
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a. The vehicle is capable of safely hauling a minimum of 32 gallons (4.3 cubic feet) of gray container waste, non-organic recyclables, and organic waste in a safe and sanitary manner so that such matter will not spill; b. If the vehicle is not fully enclosed, the applicant produces a tarp or other material that is demonstrated to completely secure the materials being self- hauled.
(2) The applicant produces evidence of ownership or lease for the vehicle produced for inspection;
(3) Single-family applicants must produce evidence that he or she has a valid California driver's license to operate the vehicle produced for inspection and that the vehicle is registered in the State of California; Commercial applicants must produce evidence that the designated driver(s) has a valid California driver's license to operate the vehicle produced for inspection and that the vehicle is registered in the State of California;
(4) The applicant provides the city with a certificate of automobile insurance for the vehicle;
(5) The vehicle is operational and meets all applicable Vehicle Code standards; (6) The applicant provides the city with proof that the applicant has containers for the storage of gray container waste, non-organic recyclables, and organic waste on the applicant's premises before the materials are hauled to a disposal facility; (7) Commercial applicants must have an active business license with the City; and (8) The applicant pays the fee for a self-haul permit authorized by resolution of the city council. The fee shall reflect the city's reasonable costs of issuing and monitoring compliance with the permit.
(d) Appeal of denial. An applicant whose application for a self-haul permit has been denied may appeal that decision. An appeal may be filed within five days of the date the applicant was notified of the denial. Appeals shall be heard by the city manager.
The decision of the city manager is final.
(e) Operational standards.
(1) Self-haul permittees must dispose of solid waste weekly at a licensed or permitted landfill or disposal facility and shall procure and retain weekly receipts from such landfill or other disposal facility. Receipts shall be submitted to the city monthly. Failure to show proof of solid waste disposal for each week that a person is permitted to self-haul shall constitute a public health and safety nuisance sufficient to permit city to revoke the permittees' self-haul permit. (2) Authorized self-haulers shall source separate all non-organic recyclable materials and organic waste generated on-site from other solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
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(3) Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self- haulers may haul organic waste to a high diversion organic waste processing facility.
(4) Self-haul permittees must notify the city of any change in the vehicle being used to haul solid waste by the permittee. Permittees must bring the new vehicle in for an inspection and demonstrate compliance with items one through five of paragraph (c) of this section before the new vehicle is used to haul any solid waste under the permit.
(5) Self-haul permittee must keep on file with the city copies of the current automobile insurance and registration for the vehicle used to self-haul and the permittee's current California driver's license. Permittee must provide proof to city of renewed automobile insurance, vehicle registration, and California driver's license within five days of expiration of respective document. (6) Failure to show proof of disposal for each week that a person is permitted to self-haul shall constitute a public health and safety nuisance sufficient to permit city to revoke the permittees' self-haul permit.
(7) Self-haul permittees are liable for any damages and clean-up costs resulting from any solid waste spills during the course of the permittees' self-hauling activity.
(f) Commercial businesses recordkeeping. Self-haulers that are commercial businesses shall keep a record of the amount of refuse, recyclable materials, and organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers these materials; this record shall be subject to inspection by the city and shall be provided to the city upon request. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste; (2) The amount of material in cubic yards or tons transported to each entity; (3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the number of loads, and the entities that received the organic waste.
(g) Revocation of permit . The self-haul permit shall be subject to revocation if the permittee violates any provision of this chapter. A notice of revocation shall be mailed 802
to the permittee informing them that their self-haul permit is being revoked, identifying the violations of this chapter that have occurred, and informing the permittee that he or she has the right to dispute the revocation by an appeal to the city manager. An appeal of a revocation must be filed within five calendar days of the mailing of notice of the revocation. A revocation appeal hearing will be scheduled within five days of the date the city receives the request for an appeal. The city manager will issue a decision on the appeal within five days of the hearing and provide the permittee written notice of the decision. The decision of the city manager on the appeal shall be final. A person whose self-haul permit has been revoked pursuant to this section may not obtain another self-haul permit for one year from the date of the revocation.
Sec. 16.05.320. - AB 939 fees.
Pursuant to Division 30, Part 2, Chapter 8 of the Public Resources Code, Section 41900 et seq., the city may impose fees on persons, multifamily properties, or businesses with a self-haul permit in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan, including the costs of preparing, adopting and implementing the city's required source reduction and recycling element, household hazardous waste element, and nondisposal facility element, and the costs of setting and collecting the fees. 803
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EASTVALE, CALIFORNIA, AMENDING ARTICLE I
AND ARTICLE IV CHAPTER 16.05 (SOLID WASTE
COLLECTION AND DISPOSAL) OF THE EASTVALE
MUNICIPAL CODE
WHEREAS, the City’s solid waste and disposal ordinance is codified in Chapter 16.05 of the Eastvale Municipal Code; and
WHEREAS, Article I sets forth the definitions of words, terms and phrases utilized in the chapter.
WHEREAS, Article IV establishes self-haul requirements and restrictions for residential and commercial premises.
WHEREAS, the City Council now desires to amend Article IV to permit commercial and multi-family self-hauling of organic waste and non-organic recyclables.
WHEREAS, the City Council now desires to amend Article I to add and revise certain definitions to reflect commercial self-hauling and back-hauling activities.
WHEREAS, Senate Bill 1383 requires jurisdictions that allow commercial self-hauling to adopt an enforce and ordinance or enforceable mechanism that requires compliance with the requirements in Section 18988.3 of Article 7.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT OF CHAPTER 16.05 – ARTICLE I. Section 16.05.020 is hereby amended to include and update the following definitions.
Back-haul means generating and transporting solid waste to a destination owned and operated by the generator using the generator’s own employees and equipment.
Self-hauler means a person or business, who, in compliance with all applicable requirements of the City Code, hauls solid waste, organic waste or recyclable material he or she has generated directly to the appropriate facility, as required by this chapter. Self- hauler also includes a person or business that back-hauls solid waste.
Self-haul permitee means a person or business that has received a self-haul permit.
SECTION 2. AMENDMENT OF CHAPTER 16.05 – ARTICLE IV is hereby amended to in its entirety to read as shown in Exhibit “A.”
804
SECTION 3. This ordinance is not subject to review under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment (14 Cal. Code Regs § 15061 (b)(3)).
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance.
The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Eastvale’ book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 6. This Ordinance will take effect on the 30th day following its final passage and adoption.
PASSED, APPROVED AND ORDAINED this _____ day of ___________, 2024. ________________________________
__________________________________
Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:
___________________________________ ___________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
805
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 23-XX, was introduced at a regular meeting of the City Council of the City of Eastvale held on the ____ day of _________, 2023, and was passed by the City Council of the City of Eastvale at a regular meeting held on the ____ day of _________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
806
AGENDA STAFF REPORT
City Council Meeting
CITY COUNCIL BUSINESS
Agenda Item No. 14.3
December 13, 2023
Vigilant Solutions (ALPR Cameras) Contract Termination
Prepared By:
Johnny Terfehr, Director of Community Safety
Recommended Action(s)
Staff recommends that the City Council direct staff to terminate the agreement between the City and Vigilant Solutions.
Summary
In December 2018, the city entered into an agreement with Vigilant Solu#ons, LLC for Automated License Plate Recogni#on hardware components and so)ware. At the #me, Vigilant was at the forefront of this technology, and for the intervening five years, the cameras have performed as expected. Over #me, other technologies have surpassed the capabili#es of Vigilant and the city has deployed these new technologies to help fight crime. Based on the effec#veness of the 61 newer camera systems, installed at each entrance to the city and at strategic intersec#ons, and the data they are providing to law enforcement, it is the recommenda#on of staff and our law enforcement partner, Riverside County Sheriff, that the value of renewing the Vigilant contract is negligible and that these funds could be better used in other areas (including expansion of Flock camera system).
Background
The City of Eastvale made a significant investment in Automated License Plate Reader (ALPR) technology in 2018 by approving a contract with Vigilant Solu#ons. The City installed 30 cameras at eight major intersec#ons entering the City. The Vigilant ALPR technology captures license plate informa#on and compares the license plate numbers with mul#ple law enforcement databases (e.g., stolen vehicles; felony vehicles; warrants; terrorism watch list; amber alerts; etc.). If a vehicle of interest is observed, an alert goes out to law enforcement. ALPR systems automate and improve the efficiency and effec#veness of iden#fying stolen/wanted vehicles from among the thousands 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
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observed entering/exi#ng our community. The Vigilant cameras, state-of-the-art when installed, are becoming outdated. Vigilant ALPR cameras must be installed on each traffic lane and capture only the vehicle license plate (not color or vehicle type). Vigilant cameras require established infrastructure in order to be installed, limi#ng op#ons for placement. With evolving technology, stand-alone ALPR systems that do not require infrastructure have been adopted by the city.
The current Flock Safety system deployed by the city provides crime-figh#ng technology (cameras and so)ware) under a service subscrip#on model. The service includes ALPR camera hardware, hardware maintenance, ALPR software, software updates, unlimited users, 30 days of unlimited data storage, LTE connec#vity, solar panels, poles, moun#ng equipment, and monitoring. Unlike Vigilant, Flock repairs or replaces any cameras that are not func#oning and returns them to full opera#on without addi#onal cost to the City. The cameras can capture and process 30,000 vehicles per day and capture two (2) lanes of traffic simultaneously with a single camera powered by solar. Flock Safety analyzes vehicle license plate, vehicle color, vehicle make, and objects (roof rack, unique hub cap, etc.) based on image analy#cs (not car registra#on data), protec#ng against stolen/removed license plates. The so)ware transmits alerts for hot plates and can set up alerts based on vehicle descrip#ons without needing a license plate. The so)ware makes ac#onable evidence available when needed that is easily searchable by vehicle type, make, model, color, #meframe, par#al/full license plate, and object detection.
Flock Safety focuses on objec#ve evidence by capturing car features (make, model, color, license plate, state of the plate, and other vehicle features). Flock Safety ensures that privacy is protected by not using facial recogni#on technology and not recording any personally iden#fiable informa#on such as names, addresses, or phone numbers. Flock Safety does not sell the data to third par#es.
The camera footage is stored, secured, and encrypted in AWS Government Cloud and automa#cally deleted every thirty (30) days on a rolling basis. Only law enforcement agencies have access to the Flock data. The camera only takes photos, and there is no live feed. The system is not monitored, and it is not used for surveillance purposes or traffic enforcement.
To protect privacy and use of data, the Riverside County Sheriff's Office has a detailed policy concerning ALPR (please see RSO ALPR Policy 412 aFached, which was adopted by the city when Council approved Flock in April 2023). The Riverside Sheriff's Office has successfully u#lized Flock Safety since 2021 and has 260 cameras installed in unincorporated areas of the County. In addi#on, all the ci#es bordering Eastvale (Corona, Chino, Ontario, Jurupa Valley, and Norco) use Flock Safety.
Some other ci#es that have adopted Flock Safety include Beaumont, Canyon Lake, Cathedral City, Desert Hot Springs, Hemet, Lake Elsinore, Menifee, Moreno Valley, Norco, Perris, Palm Desert, San Jacinto, Temecula, and Wildomar. A total of over 211 Ci#es and Coun#es in California use Flock Safety, and there are approximately 3000 cameras in Southern California alone.
The city has installed 61 cameras in strategic loca#ons throughout the city including, at each entrance to the city (except loca#ons where an adjacent city already has a Flock camera capturing the direc#on of travel needed) and strategic intersec#ons throughout the city's interior. This approach allows Depu#es to find wanted vehicles and beFer understand where they are in the city, not just whether they have entered or exited the city. Most law enforcement agencies in California share their Flock data providing a statewide network of cameras capturing wanted vehicle informa#on. If a vehicle is wanted by Eastvale Depu#es and that vehicle appears in any other city with Flock, law enforcement will be alerted. The reverse is also true.
The Vigilant cameras the city purchased in 2018 remain func#onal and con#nue to provide 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
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ac#onable license plate data to law enforcement. However, the cameras are not so)ware upgradeable, and they are not maintained by Vigilant as part of the contract. They are designed specifically for ALPR and do not record video. The ini#al contract for the Vigilant ALPR system represented a cost of $4,203.23 per camera per year. If projected out for ten years, Vigilant costs $2,410.81 per camera per year (not including any needed maintenance, repairs, or replacements).
While the per camera, per year cost for Flock is approximately $600.00 higher in the ten-year scenario, Flock's lease model of service means that the city benefits from the latest hardware and so)ware capabili#es along with maintenance, replacement, updates, and upgrades to the cameras for as long as the city continues its relationship with Flock Safety.
Since the implementa#on of Flock, City staff and the Sheriff's Department have evaluated the Flock system versus the Vigilant system. Staff and the Sheriff’s Department have determined that the Vigilant system is adding very liFle value to the overall ALPR system in the city now that Flock is deployed. The cost to renew the contract with Vigilant is $22,262.33 per year. Staff is recommending that the City Council not renew the Vigilant contract. If not renewed, the city-owned cameras will remain in place but no longer func#on. Staff will seek opportuni#es to repurpose the cameras including use as simulated surveillance cameras. If City Council opts to renew the contract there may be additional expense as camera systems begin to fail and otherwise require service.
Environmental
Not Applicable.
Strategic Plan Action - Priority Level: N/A
| Target #: A
| Goal #: H
Iden#fy and recommend tools necessary for op#mal employee performance. Use innova#on and technology to enhance public safety with consideration and balance of privacy and public trust.
Fiscal Impact
The cost to renew services with Vigilant Solu#ons for one year is approximately $22,262.33. This does not include any maintenance or repairs to the camera systems. Should City Council approve Staff's recommenda#on, the result would be a savings of $22,262.33 to the gas tax fund (acct 200- 510-6438).
Prior City Council/Commission Action
On December 12, 2018, City Council approved the Vigilant ALPR camera system.
On January 24, 2023, a Flock Safety presentation was provided to the Public Safety Commission.
On January 25, 2023, a Flock Safety presentation was provided to the City Council.
On April 26, 2023, City Council approved installation of the Flock System.
Attachment(s)
Attachment 1 - RSO ALPR Policy 412
Attachment 2 - Vigilant Solutions - Enterprise Service Agreement 12.12.18
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
809
Policy
412
Riverside County Sheriff's Department
Riverside County Sheriff's Department Standards Manual (DSM) Copyright Lexipol, LLC 2022/06/17, All Rights Reserved.
Published with permission by Riverside County Sheriff's Department
Automated License Plate Readers - 414
Automated License Plate Readers
412.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 412.2 POLICY
The policy of the Riverside County Sheriff's Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public.
All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. 412.3 ADMINISTRATION
The ALPR technology, allows for the automated detection of license plates. It is used by the Riverside County Sheriff's Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to arrest warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery.
All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Support Services Chief Deputy. This chief deputy will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data. 412.3.1 ALPR ADMINISTRATOR
The Support Services Chief Deputy shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information.
(b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the department’s website.
810
Riverside County Sheriff's Department
Riverside County Sheriff's Department Standards Manual (DSM) Automated License Plate Readers
Copyright Lexipol, LLC 2022/06/17, All Rights Reserved.
Published with permission by Riverside County Sheriff's Department
Automated License Plate Readers - 415
412.3.2 PUBLIC HEARING
Before implementing the current ALPR program within Riverside County, the department invited public opinion on the matter during an open meeting of the Riverside County Board of Supervisors in late 2017.
412.4 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business. (b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.
(c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles.
(d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training. This training will be facilitated via the DocRead format and will cover general ALPR use, legal requirements, privacy issues, and data collection and destruction guidelines. (e) No ALPR operator may access department, state or federal data unless otherwise authorized to do so.
(f) If practicable, the deputy should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert.
412.4.1 REPORT WRITING
The ALPR EDP code shall be used as a secondary EDP and is required on any written report where ALPR technology was effectively utilized during an investigation. For example, if an abandoned stolen vehicle is located via a notification from the ALPR system, the recovery should be documented as a Stolen Vehicle Recovery and the corresponding EDP for the recovery should be first on the Form A. On the second line of the Form A, “ALPR” should be entered in the offense section and "25T1-N" should be entered in the EDP code section. This practice will ensure proper identification of ALPR-related incidents and crime trends. 412.5 DATA COLLECTION AND RETENTION
The Support Services Chief is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with department procedures. 811
Riverside County Sheriff's Department
Riverside County Sheriff's Department Standards Manual (DSM) Automated License Plate Readers
Copyright Lexipol, LLC 2022/06/17, All Rights Reserved.
Published with permission by Riverside County Sheriff's Department
Automated License Plate Readers - 416
All ALPR data downloaded to the server should be stored for a minimum of one year (Government Code § 34090.6) and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. 412.6 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.
The Riverside County Sheriff's Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relates to a specific criminal investigation or department-related civil or administrative action. Department members shall only use their own assigned username and password when accessing any ALPR system. Department members shall include an identifiable justification, such as a file number, when accessing ALPR data. (c) Any printed ALPR information must be destoyed using a secure method. No materials shall be disposed of in regular trash or recycling containers. (d) NO ALPR data shall be given, sold, shared or otherwise transferred to any unauthorized party.
(e) ALPR system audits should be conducted on a regular basis. (f) Any breach or unauthorized or unintentional release of any ALPR information shall be immediately reported to the Support Services Chief Deputy. 412.6.1 DATA SECURITY AND RETENTION
(a) Electronic data gathered during ALPR usage is the property of the Riverside County Sheriff’s Department. The approved ALPR vendor will maintain responsibility for adherence to protocols involving information security in accordance with FBI CJIS security policy. The approved vendor will also be responsible for executing retention and/or deletion routines of electronically stored data as specified by the Riverside County Records Management and Archive Policy and in compliance with applicable laws.
(b) Authorized Department vendors with access to systems containing ALPR data shall maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. 812
Riverside County Sheriff's Department
Riverside County Sheriff's Department Standards Manual (DSM) Automated License Plate Readers
Copyright Lexipol, LLC 2022/06/17, All Rights Reserved.
Published with permission by Riverside County Sheriff's Department
Automated License Plate Readers - 417
(c) Sheriff’s TSB will require that ALPR login and query records are retained for a period of two years unless the information has been requested for investigative or other legal reasons. Any records retained must contain, at a minimum, the following information:
(a) The date and time ALPR information was accessed;
(b) The username of the person who accessed the information; (c) The license plate number or other data elements used to query the ALPR system;
(d) The stated purpose for accessing the information.
(d) ALPR records retained by the Department will be maintained, safeguarded, and purged according to all applicable laws and policies. Consistent with Government Code § 26202 and Riverside County Records Management and Archive Policy A-43, raw ALPR information will be retained for a period of two years and then be deleted.
ALPR data that may be needed for active or probable litigation, is the subject of an active public records request, or is needed for auditing purposes shall be maintained until the underlying matters are fully resolved before being deleted. ALPR information documented in criminal and/or administrative reports will follow the same retention period as the report. ALPR information placed in evidence will remain secured as evidence until destroyed per Department policy. Deletion of ALPR data will follow the steps specified pursuant to Board of Supervisors policy and in accordance with the Sheriff Department’s records retention schedule.
412.6.2 CUSTODIAN OF RECORD
The Commander of TSB, acting on behalf of the Riverside County Sheriff’s Department, is responsible for implementing the provisions of this usage and privacy policy as the official custodian/owner of the ALPR system, and ALPR information covered herein. 412.7 RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures:
(a) The agency makes a written request for the ALPR data that includes:
1. The name of the agency.
2. The name of the person requesting.
3. The intended purpose of obtaining the information.
(b) The request is reviewed by the affected commander or the authorized designee and approved before the request is fulfilled.
(c) The approved request is retained on file.
Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). Public record requests for ALPR data shall be routed to the CPRA Unit for disposition. 813
Riverside County Sheriff's Department
Riverside County Sheriff's Department Standards Manual (DSM) Automated License Plate Readers
Copyright Lexipol, LLC 2022/06/17, All Rights Reserved.
Published with permission by Riverside County Sheriff's Department
Automated License Plate Readers - 418
412.8 TRAINING
The department will ensure the presentation of department-approved training to those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53). 814
VIC31LANT
a ")- U T I n N -_.
Enterprise Service Agreement ( ESA)
This Vigilant Solutions Enterprise Service Agreement ( the " Agreement") is made and entered into as of this Day of , 2018 by and between Vigilant Solutions, LLC , a Delaware corporation, having its principal place of business at 1152 Stealth Street, Livermore, CA 94551 (" Vigilant") and City of Eastvale , a Municipal Corporation, having its principal place of businessat 12363 Limonite Ave., Suite 910, Eastvale, CA 92880_(" Affilliate").
WHEREAS, Vigilant designs, develops, licensesand servicesadvanced video analysis software technologies for the law enforcement and security markets;
WHEREAS, Vigilant provides accessto license plate data as a value-added component of the Vigilant law enforcement package of license plate recognition equipment and software; WHEREAS, Affiliate will purchase License Plate Recognition ( LPR) hardware components from Vigilant and/ or its authorized reseller for use with the Software Products ( as defined below); WHEREAS, Affiliate desires to license from and receive service for the Software Products provided by Vigilant; THEREFORE, In consideration of the mutual covenants contained herein this Agreement, Affiliate and Vigilant hereby agree as follows:
I. Definitions:
Booking Images" refers to both LEA Booking Images and Commercial Booking Images.
CJISSecurity Policy" means the FBI CAS Security Policy document as published by the FBI CAS Information Security Officer.
CLK" or " Camera License Key" means an electronic key that will permit each license of Vigilant' s CarDetector brand LPRsoftware or LineUp brand facial recognition software ( one CLKper camera) to be used with other Vigilant approved and licensed LPR hardware components ( i. e., cameras and other hardware components provided by Vigilant or provided by a Vigilant certified reselling partner that has authority from Vigilant to deliver such Vigilant - authorized components) and Software Products. CLKsshall be not issuableand if issuedin error shall be removed and immediately rendered null and void for cameras and other hardware components that are not Vigilant - authorized cameras and other hardwarecomponentsor are deliveredto Affiliate by anothervendor that is not a Vigilantcertified reselling partner.
Commercial Booking Images" refers to images collected by commercial sources and available on LEARN with a paid subscription.
Commercial LPR Data" refers to LPRdata collected by private sourcesand available on LEARNwith a paid subscription.
Criminal Justice Information Services Division" or " UIS" means the FBI division responsible for the collection, warehousing, andtimely disseminationof relevantCAto the FBIandto qualifiedlawenforcement, criminaljustice, civilian, academic, employment, and licensing agencies. 1 n il.uit ti+luti n; i ntrri ri.• I i rn. \^ r;, m. n .; r -' ' ilifi tl 111111, . t Ili: ii
815
e VIGILANT
Effective Date" means sixty ( 60) days subsequent to the date set forth in the first paragraph of this Agreement.
Enterprise License" means a non- exclusive, non - transferable license to install and operate the Software Products, on applicable media provided by Vigilant or Vigilant' s certified reselling partners. This Enterprise Service Agreement allows Affiliate to install the Software Products on such devices, in accordance with the selected Service Package( s), and allow benefits of all rights granted hereunder this Agreement.
LEA Booking Images" refers to images collected by LEAs and available on the Software Service for use by other LEAs.
LEABooking Imagesare freely available to LEAsat no cost and are governed by the contributing LEA's policies.
LEA LPR Data" refers to LPRdata collected by LEAsand available on LEARNfor use by other LEAs. LEALPRData is freely available to LEAsat no cost and is governed by the contributing LEA's retention policy.
Service Fee" means the amount due from Affiliate prior to the renewal of this Agreement as consideration for the continued use of the Software Products and Service Package benefits according to Section VIII of this Agreement.
Service Package" means the Affiliate designated service option( s) which defines the extent of use of the Software Products, in conjunction with any service and/ or benefits therein granted as rights hereunder this Agreement.
Service Period" has the meaning set forth in Section III (A) of this Agreement.
Software Products" means Vigilant' s Law Enforcement & Security suite of Software Products including CarDetector, Law Enforcement Archival & Reporting Network ( LEARN), PlateSearch, Mobile Companion for Smartphones, Target AlertService (TAS) server/clientalertingpackage, FaceSearch, Lineup, andothersoftwareapplicationsconsideredby Vigilantto be applicablefor the benefit of law enforcementandsecuritypractices. Software Products shall only be permittedto functiononapprovedVigilantcamerasandotherhardwarecomponentsprovidedbyVigilantorthrough Vigilant certified reselling partners. SoftwareProductsshallnot be permitted to operate on third -party providedor not Vigilant - authorized hardware components, and if found to be operating on third -party provided hardware components Software Products shall be promptly removed by Affiliate.
Technical Support Agents" means Affiliate' s staff person specified in the Contact Information Worksheet of this Agreementresponsiblefor administeringthe SoftwareProductsandactingasAffiliate's SoftwareProductssupport contact.
User License" means a non- exclusive, non -transferable license to install and operate the Software Products, on applicable media, limited to a single licensee.
Users"
refersto individualswhoareagentsand/orswornofficersoftheAffiliateandwhoareauthorizedbythe AffiliatetoaccessLEARNonbehalfofAffiliatethroughlogincredentialsprovidedbyAffiliate.
II. Enterprise License Grant; Duplication and Distribution Rights:
SubjecttothetermsandconditionsofthisAgreement, VigilantherebygrantsAffiliateanEnterpriseLicensetothe 2cp.
i;: n! , I ti • I t. n, \ r nt, tt ti, r ' ,' 816
VIGILANT
Software Products for the Term provided in Section III below. Except as expressly permitted by this Agreement, Affiliate or any third party acting on behalf of Affiliate shall not copy, modify, distribute, loan, lease, resell, sublicense or otherwisetransferanyright inthe SoftwareProducts. ExceptasexpresslypermittedbythisAgreement, noother rights aregrantedbyimplication, estoppelsor otherwise. Affiliateshallnoteliminate, bypass, or in anywayalterthe copyright screen ( also known as the " splash" screen) that may appear when Software Products are first started on any computer.
Anyuseor redistributionof SoftwareProductsin a mannernot explicitlystatedin this Agreement, or not agreedto in writing by Vigilant, is strictly prohibited.
III. Term; Termination.
A. Term. The initial term of this Agreement is for one ( 1) year beginning on the Effective Date ( the " Initial Term"), unless earlier terminated as provided herein. Sixty (60) days prior to the expiration of the Initial Term and each subsequent Service Period, Vigilant will provide Affiliate with an invoice for the Service Fee due for the subsequent twelve ( 12) month period ( each such period, a " Service Period"). This Agreement and the Enterprise License granted under this Agreement will be extended for a Service Period upon Affiliate' s payment of that Service Period' s Service Fee, which is due 30 days prior to the expiration of the Initial Term or the existing Service Period, as the casemay be.
Pursuant to Section XIII below, Affiliate may also pay in advance for more than one Service Period.
B. Affiliate Termination. Affiliate may terminate this Agreement at any time by notifying Vigilant of the termination in writing thirty ( 30) days prior to the termination date and deleting all copies of the Software Products. If Affiliate terminates this Agreement prior to the end of the Initial Term, Vigilant will not refund or prorate any license fees, nor will it reduce or waive any license fees still owed to Vigilant by Affiliate. Upon termination of the Enterprise License, Affiliate shall immediately cease any further use of Software Products. Affiliate may also terminate this agreement by not paying an invoice for a subsequent year's Service Feewithin sixty (60) days of invoice issuedate.
C. Vigilant Termination. Vigilant has the right to terminate this Agreement by providing thirty ( 30) days written notice to Affiliate. If Vigilant' s termination notice is based on an alleged breach by Affiliate, then Affiliate shall have thirty ( 30) days from the date of its receipt of Vigilant' s notice of termination, which shall set forth in detail Affiliate' s purported breach of this Agreement, to cure the alleged breach. If within thirty ( 30) days of written notice of violation from Vigilant Affiliate has not reasonably cured the described breach of this Agreement, Affiliate shall immediately discontinue all use of Software Products and certify to Vigilant that it has returned or destroyed all copies of Software Products in its possession or control. If Vigilant terminates this Agreement prior to the end of a Service Period for breach, no refund for any unused Service Fees will be provided. If Vigilant terminates this Agreement prior to the end of a Service Period for no reason, and not based on Affiliate' s failure to cure the breach of a material term or condition of this Agreement, Vigilant shall refund to Affiliate an amount calculated by multiplying the total amount of ServiceFeespaid by Affiliate for the then -current ServicePeriodby the percentageresultingfrom dividingthe number of days remaining in the then -current Service Period, by 365.
IV. Warranty and Disclaimer; Infringement Protection; Use of Software Products Interface.
A. Warranty and Disclaimer. Vigilant warrants that the Software Products will be free from all Significant Defects (as defined below) during the term of this Agreement (the " Warranty Period"). " Significant Defect" means a defectinaSoftwareProductthatimpedestheprimaryfunctionoftheSoftwareProduct. Thiswarrantydoesnotinclude productsnot manufacturedby Vigilant. Vigilantwill repairor replaceanySoftwareProductwith a SignificantDefect during the Warranty Period; provided, however, if Vigilant cannot substantially correct a Significant Defect in a ti Intlt; l . 111t1i; ft ut; tl
817
a VIGILANT
commercially reasonable manner, Affiliate may terminate this Agreement and Vigilant shall refund to Affiliate an amount calculated by multiplying the total amount of Service Fees paid by Affiliate for the then -current Service Period by the percentage resulting from dividing the number of days remaining in the then - current Service Period, by 365. The foregoing remedies are Affiliate' s exclusive remedy for defects in the Software Product. Vigilant shall not be responsible for labor charges for removal or reinstallation of defective software, charges for transportation, shipping or handling loss, unless such charges are due to Vigilant' s gross negligence or intentional misconduct. Vigilant disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. In no event shall Vigilant be liable for any damages whatsoever arising out of the use of, or inability to use, the Software Products.
B. Infringement Protection. If an infringement claim is made against Affiliate by a third - party in a court of competent jurisdiction regarding Affiliate' s use of any of the Software Products, Vigilant shall indemnify Affiliate, and assume all legal responsibility and costs to contest any such claim. If Affiliate' s use of any portion of the Software Products or documentation provided to Affiliate by Vigilant in connection with the Software Products is enjoined by a court of competent jurisdiction, Vigilant shall do one of the following at its option and expense within sixty (60) days of such enjoinment: ( 1) Procure for Affiliate the right to use such infringing portion; ( 2) replace such infringing portion with a non -infringing portion providing equivalent functionality; or ( 3) modify the infringing portion so as to eliminate the infringement while providing equivalent functionality.
C. Use of Software Products Interface. Under certain circumstances, it may be dangerous to operate a moving vehicle while attempting to operate a touch screen or laptop screen and any of their applications. It is agreed by Affiliate that Affiliate' s users will be instructed to only utilize the interface to the Software Products at times when it is safe to do so. Vigilant is not liable for any accident caused by a result of distraction such asfrom viewing the screen while operating a moving vehicle.
V. Software Support, Warranty and Maintenance.
Affiliatewill receivetechnicalsupportby submittinga supportticketto Vigilant's companysupportwebsiteor by sending an email to Vigilant' s support team. Updates, patches and bug fixes of the Software Products will be made available to Affiliate at no additional charge, although charges may be assessedif the Software Product is requested to be delivered on physical media. Vigilant will provide Software Products support to Affiliate' s Technical Support Agents through e- mail, fax and telephone.
VI. Camera License Keys ( CLKs).
AffiliateisentitledtouseoftheSoftwareProductsduringthetermofthisAgreementtosetupandinstalltheSoftware Productsonanunlimitednumberof mediacenterswithinAffiliate's agencyin accordancewithselectedService Options. AsAffiliate installsadditional units of the SoftwareProductsandconnectsthem to LPRcameras, Affiliate is required to obtain a Camera LicenseKey (CLK) for each camera installed and considered in active service. A CLKcan be obtainedbyAffiliatebygoingtoVigilant'scompanysupportwebsiteandcompletingtheonlinerequestformtoVigilant technical support staff. Within two ( 2) businessdaysof Affiliate's applicationfor a CLK, Affiliate's TechnicalSupport AgentwillreceivetherequestedCLKthatissettoexpireonthelastdayoftheInitialTermorthethen -currentService Period, asthe case may be.
Jlant ti luh m, i ntc;rl r r I ,: n \ r.,• n, nt : r .' 818
VIGILANT
VII. Ownership of Software.
A. Ownership of Software Products. The Software Products are copyrighted by Vigilant and remain the property of Vigilant. The license granted under this Agreement is not a sale of the Software Products or any copy.
Affiliate owns the physical media on which the Software Products are installed, but Vigilant retains title and ownership of the Software Products and all other materials included as part of the Software Products.
B. Rights in Software Products. Vigilant represents and warrants that: ( 1) it has title to the Software and the authority to grant license to use the Software Products; ( 2) it has the corporate power and authority and the legal right to grant the licenses contemplated by this Agreement; and ( 3) it has not and will not enter into agreements and will not take or fail to take action that causes its legal right or ability to grant such licenses to be restricted.
VIII. Data Sharing, Access and Security.
If Affiliate is a generator as well as a consumer of LPRData and or LEA Booking Images, Affiliate at its option may share its LEA LPR Data and or LEA Booking Images with similarly situated LEAs who contract with Vigilant to access LEARN for example, LEAs who share LEA LPR Data with other LEAs). Vigilant will not share any LEA LPR Data or LEA Booking Images generated by the Affiliate without the permission of the Affiliate.
Vigilant has implemented procedures to allow for adherence to the FBICJISSecurity Policy. The hosting facility utilizes access control technologies that meet or exceed CAS requirements. In addition, Vigilant has installed and configured network intrusion prevention appliances, as well as ensured that the configuration of the Microsoft environment adhere to the Windows Server Security Guide.
IX. Ownership and use of Data.
Vigilantretainsall title and rightsto CommercialLPRDataandall CommercialBookingImages. Users shall not utilize Commercial LPRData or Commercial Booking Imageson the behalf of other local, state or Federal LEAs. Affiliate retains all rights to LEALPRData and LEABooking Images generated by the Affiliate. Should Affiliate terminate agreement with Vigilant, acopyof all LEALPRDataandLEABookingImagesgeneratedbythe Affiliate will becreatedandprovided to the Affiliate. After the copyis created, all LEALPRDataand LEABookingImagesgeneratedby the Affiliate will be deleted from LEARNat the written request of an authorizedrepresentativeof the Affiliate or per the Affiliate's designated retention policy, whichever occurs first. Commercial LPRData, Commercial Booking Images, LEALPRData andLEABookingImagesshouldbeusedbytheAffiliatefor lawenforcementpurposesonly.
X. Lossof Data, Irregularities and Recovery.
Vigilantplacesimperativepriorityonsupportingandmaintainingdatacenterintegrity. Usingredundantdiskarrays, thereisavirtualguaranteethatanyharddiskfailurewill notresultinthecorruptionor lossof thevaluableLPRdata that is essential to the LEARN system and clients.
XI. Data Retention and Redundancy.
LEALPRData and LEABooking Images are governedby the contributing LEA's retention policy. LEA LPR Data that reaches its expiration date will be deleted from LEARN. Vigilant'suseof redundantpowersources, fiberconnectivity and disk arrays ensure no less than 99% uptime of the LEARN LPRdatabase server system. iLIklnt ti„ Irition, I ntCrlutu• 11CC11,C 819
VIGILANT
sn- uTI a•.
XII. Account Access.
A. Eligibility. Affiliate shall only authorize individuals who satisfy the eligibility requirements of " Users" to access LEARN. Vigilant in its sole discretion may deny accessto LEARNto any individual based on such person's failure to satisfysucheligibility requirements. Userloginsare restrictedto agentsandsworn officersof the Affiliate.
No User logins may be provided to agents or officers of other local, state, or Federal LEAswithout the expresswritten consent of Vigilant.
B. Security. Affiliate shall be responsible for assigningan Agency Manager who in turn will be responsible for assigning to each of Affiliate' s Users a username and password ( one per user account). A limited number of User accounts is provided. Affiliate will cause the Users to maintain username and password credentials confidential and will prevent use of such username and password credentials by any unauthorized person( s). Affiliate shall notify Vigilantimmediatelyif Affiliatebelievesthe passwordof anyof itsUsershas, or mayhave, beenobtainedor usedby any unauthorized person( s). In addition, Affiliate must notify Vigilant immediately if Affiliate becomes aware of any other breach or attempted breach of the security of any of its Users' accounts.
C. GIS Requirements. Affiliate certifies that itc, LEARN users shall comply with the GIS requirements outlined in Exhibit B.
XIII. Service Package, Fees and Payment Provisions.
A. Service Package. This Enterprise License Agreement is based on one ( 1) of the three ( 3) following Service Package Options. Please select one ( 1) Service Package below:
Service Package - Basic LPR Service Package:
Vigilant Managed/ Hosted LPR server LEARN Account
Access to all Vigilant Software including all upgrades and updates Unlimited user licensing for the following applications:
o LEARN, CarDetector and TAS
Service Package - Option # 1— Standard LPR Service Package:
All Basic Service Package benefits
Unlimited use of CarDetector— Mobile Hit Hunter ( CDMS- MHH) Unlimited use of Vigilant' s LPR Mobile Companion smartphone application Service Package - Option # 2 —' Intelligence - Led Policing ( ILP)' Service Package:
All Service Package Option # 1 benefits
Mobile LPR hardware up to level of Tier ( see Exhibit A) Useof Vigilant Facial Recognition technologies up to level of Tier FaceSearch Account
FaceSearch Mobile Companion
Templates up to limit for FaceSearch Account ( details in Exhibit A) ti Inrtu l \ tlili; i n Ii: l
820
VIGILANT
Tiered based on size of department ( Tier 1A up to 50 sworn officers Tier 1 up to 100 sworn officers, Tier 2 up to 200 sworn officers, Tier 3 up to 500 sworn officers, Tier 4 up to 1,000 sworn officers, Tier 5 up to 1,500 sworn officers, Tier 6 up to 2,000 sworn officers) States, Federal Agencies, and Departments with greater than 2, 000 sworn fall under a, " Custom" Tier which will be defined in the Annual Service Fee Schedule if applicable.
B. Service Fee. Payment of each Service Fee entitles Affiliate to all rights granted under this Agreement, including without limitation, use of the Software Products for the relevant Service Period, replacement of CLKs, and access to the updates and releases of the Software Products and associated equipment driver software to allow the Software Products to remain current and enable the best possible performance. The annual Service Fee due for a particular Service Period is based on the number of current Vigilant issued CLK's at the time of Service Feeinvoicing, and which will be used by Affiliate in the upcoming Service Period. A schedule of annual Service Fees is shown below:
AnnualServiceFeeScheduleforImageEnrollment (applicableto FaceSearch/LineUp) II 5, 000 Images II $ 750. 00 111
Paymentof the ServiceFeeis duethirty (30) daysprior to the renewal of the then -current Service Period. All Service Fees are exclusive of any sales, use, value- added or other federal, state or local taxes ( excluding taxes based on Vigilant' s net income) and Affiliate agrees to pay any such tax. ServiceFeesmay increaseby no higherthan 4% per year for years after the first year of this agreement. For ILF ( Option # 2) Tier packages, the Tier amount is due for subsequentperiodsandBasicServiceCLKfeesaredueforallcamerasfrompreviousperiods (thisisinadditiontothe Annual Subscription Fee).
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Annual Service Fee Schedule ( multiplied by number of CLK's Issued) niTotal of CLK' s under this ESA 0- 14 CLK' s
F-
15- 30 CLK' s 31- 60 CLK' s Over 60
a
Basic Service 525. 00 $ 450. 00 $ 400. 00 $ 275. 00
11 a
Standard ( Option # 1) 750. 00 640. 00 $ 565. 00 390. 00 ILP Subscriber CLK Renewal Fees 525. 00 450. 00 400. 00 275. 00 a
AnnualServiceFee Schedulefor Image Enrollment (applicableto FaceSearch/LineUp) II 5, 000 Images II $ 750. 00 111
Paymentof the ServiceFeeis due thirty (30) dayspriorto the renewalof the then - current Service Period. All Service Feesare exclusiveof any sales, use, value- added or other federal, state or local taxes ( excludingtaxes basedon Vigilant's net income) and Affiliate agreesto pay any such tax. ServiceFeesmay increaseby no higherthan4% per year for years after the first yearof this agreement. For ILF ( Option # 2) Tier packages, the Tier amountis due for subsequentperiodsandBasicServiceCLKfeesaredueforall camerasfrom previousperiods (thisisin additionto the Annual SubscriptionFee).
I, ut! ti, luu n , .; t rl ri. I :.• n .,,,.; t 821
VIGILANT
o, u r i o N
Affiliate and Vigilant agree that the number of CLKsissued as of the Effective Date of this Agreement is [ Insert Quantity]. All future additions of CLKsshall only be those as provided for in the definitions provided above.
C. Advanced Service Fee Payments. Vigilant will accept advanced Service Fee payments on a case by casebasisfor Affiliates who wish to lock in the Service Feerates for subsequent periods at the rates currently in effect, as listed in the table above. If Affiliate makes advanced Service Fee payments to Vigilant, advanced payments to Vigilant will be applied in full to each subsequent ServicePeriod'sServiceFeesuntil the balance of the credits is reduced to a zero balance. System based advanced credits shall be applied to subsequent Service Fees in the amount that entitles Affiliate continued operation of the designated camera unit systems for the following Service Period until the credits are reduced to a zero balance.
D. PriceAdiustment. Vigilant hasthe right to increaseor decreasethe annual Service Feefrom one Service Period to another; provided, however, that in no event will a Service Fee be increased by more than 4% of the prior Service Period' s Service Fees. If Vigilant intends to adjust the Service Fee for a subsequent Service Period, it must give Affiliate notice of the proposed increase on or before the date that Vigilant invoices Affiliate for the upcoming Service Period.
XIV. Miscellaneous.
A. Limitation of Liability. IN NO EVENT SHALL VIGILANT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING DAMAGES FOR LOSSOF USE, DATA OR PROFIT, ARISING OUT OF OR
CONNECTED WITH THE USE OF THE SOFTWARE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICTLIABILITY OR OTHERWISE, EVEN IF VIGILANT HAS BEENADVISED OF THE POSSIBILITYOF DAMAGES. IN NO EVENT
WILL VIGILANT' S LIABILITY ARISING OUT OF OR RELATEDTO THIS AGREEMENT EXCEEDTHE FEESPAID BYAFFILIATETO VIGILANT FOR THE SOFTWARE PRODUCTS LICENSED UNDER THIS AGREEMENT.
B. Confidentiality. Affiliate acknowledges that Software Products contain valuable and proprietary information of Vigilant and Affiliate will not disassemble, decompile or reverse engineer any Software Products to gain access to confidential information of Vigilant.
C. Assignment. Neither Vigilant nor Affiliate is permitted to assign this Agreement without the prior written consent of the other party. Any attempted assignment without written consent is void.
D. Amendment; Choice of Law. No amendment or modification of this Agreement shall be effective unlessin writing and signed by authorized representatives of the parties. This Agreement shall be governed by the laws of the state of California without regard to its conflicts of law.
E. Complete Agreement. This Agreement constitutes the final and complete agreement between the parties with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements, written or oral, with respect to such subject matter.
F. Relationship. The relationship created hereby is that of contractor and customer and of licensor and Affiliate. Nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties hereto. Neither party shall have any authority to enter into agreements of any kind on behalf of the other and V_ti Inui; l \ liili . • I ival
822
VIGILANT
shallhaveno power or authority to bind or obligatethe other in any mannerto any third party. The employeesor agentsofonepartyshallnotbedeemedorconstruedto betheemployeesoragentsoftheotherpartyforanypurpose whatsoever. Eachpartyheretorepresentsthat it isactingon its ownbehalfandis not actingasanagentfor or on behalf of any third party.
G. No Rights in Third Parties. This agreement is entered into for the sole benefit of Vigilant and Affiliate and their permitted successors, executors, representatives, administrators and assigns. Nothing in this Agreementshallbeconstruedasgivinganybenefits, rights, remediesor claimsto anyother person, firm, corporation or other entity, including, without limitation, the general public or any member thereof, or to authorize anyone not a partyto thisAgreementto maintaina suitfor personalinjuries, propertydamage, or anyotherreliefin laworequity in connection with this Agreement.
H. Construction. The headings used in this Agreement are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. Any term referencing time, days or period for performance shall be deemed calendar days and not business days, unless otherwise expressly provided herein.
I. Severability. If any provision of this Agreement shall for any reason be held to be invalid, illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, such provision shall be construed so as to make it enforceable to the greatest extent permitted, such provision shall remain in effect to the greatest extent permitted and the remaining provisions of this Agreement shall remain in full force and effect.
J. Federal Government. Any use, copy or disclosure of Software Products by the U.S. Government is subject to restrictions asset forth in this Agreement and as provided by DFARS227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252. 227- 7013( c)( 1)( ii) ( Oct 1988), FAR 12. 212( a)( 1995), FAR 52. 227- 19, or FAR 52. 227 ( ALT III), as applicable.
K. Right to Audit. Affiliate, upon thirty ( 30) daysadvanced written request to Vigilant, shall have the right to investigate, examine, and audit any and all necessarynon-financial books, papers, documents, records and personnel that pertain to this Agreement and any other Sub Agreements.
L. Notices; Authorized Representatives; Technical Support Agents. All notices, requests, demands, or other communications required or permitted to be given hereunder must be in writing and must be addressed to the parties at their respective addresses set forth below and shall be deemed to have been duly given when ( a) delivered in person; ( b) sent by facsimile transmission indicating receipt at the facsimile number where sent; (c) one ( 1) business day after being deposited with a reputable overnight air courier service; or ( d) three ( 3) business days after being deposited with the United States Postal Service, for delivery by certified or registered mail, postage pre -paid and return receipt requested. All notices and communications regarding default or termination of this Agreement shall be delivered by hand or sent by certified mail, postage pre -paid and return receipt requested. Either party may from time to time change the notice address set forth below by delivering 30 days advance notice to the other party in accordance with this section setting forth the new address and the date on which it will become effective.
I'.' 11: 1I1I '+! 1111tI1 111iC1! 1I1' I ll l A_l' rC: 111:It1 lei .' A' ti hill \ Ii! i; i tial
823
Vigilant Solutions, LLC
Attn: Sales Administration
1152 Stealth Street
Livermore, CA 94551
VIGILANT
Affiliate: City of Eastvale
Attn: Finance/ Public Works
Address: 12363 Limonite Avenue
Suite 910
Eastvale, CA 92880
M. Authorized Representatives; Technical Support Agents. Affiliate' s Authorized Representatives and its Technical Support Agents are set forth below in the Contact Information Worksheet. Affiliate' s Authorized Representative is responsible for administering this Agreement and Affiliate' s Technical Support Agents are responsible for administering the Software Products and acing as Affiliate' s Software Products support contact. Either party may from time to time change its Authorized Representative, and Affiliate may from time to time change its Technical Support Agents, in each case, by delivering 30 days advance notice to the other party in accordance with the notice provisions of this Agreement.
N. Facial Recognition Image Integration. Affiliate may elect, at its sole discretion, to have Vigilant enable the ability for the Affiliate' s existing facial recognition images to be imported into its FaceSearchgallery. This process requires some reformatting of the data for compatibility. The data remains property of the Affiliate, is maintained accordingto the retention policy set by the Affiliate and is sharedto other agenciesunder the rulesdefined bythe Affiliate. This service is at an additional cost. Vigilant uses a third - party service from The Center for Law Enforcement Technology, Training, & Research, Inc. ( LETTR) to deliver this service. If the Affiliate elects to use this service, it acknowledges that The Center for Law Enforcement Technology, Training, & Research, Inc. a non- profit, 501( c)( 3) corporation, working under contract with Vigilant and acting on behalf of the Affiliate, will perform the described servicesfor law enforcement information sharing purposes.
0. Payment. Affiliate will purchase equipment and services detailed in Exhibit C. Vigilant will invoice Affiliate for equipment and services detailed in Exhibit C upon shipment of equipment. Affiliate will pay 80% of invoices from Vigilant Net 30 days from invoice date. The remaining 20% will be paid upon acceptance.
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824
VIGILANT
IN WITNESS WHEREOF, the parties have executed the Agreement as of the Effective Date.
Manufacturer: Vigilant Solutions, LLC
Authorized Agent: Bill Quinlan
Title: Vice President Sales Operations
Date: i
Signature:
r
Affiliate Organization: City of Eastvale
Authorized Agent: Bryan Jones
Title: City Manager %
Date: 1. 2 ¢ J
1,
Signature:
Approved to Form:
City Attorney Date
825
Enterprise Service Agreement
Contact Information Worksheet
Please complete the following contact information for your Vigilant Solutions Enterprise License program.
Forquestionsnrconcerns, pleasecontactVigilantSolutions' salesteam:
826
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WOOSuogIIJ0SjLJCj!51Az sejes
827
e" "4IGILANT
Exhibit A: Option # 2 ILP Tier Package Components
Item Description
ILP Bundle for Agencies of Up to 100 Sworn
Includes:
Agencylicensefor LEARNSaaS
Unlimited access to Commercial LPR data
One ( 1) 3 -Camera Mobile LPR System
First year of Basic and Standard Service Packages
LEARN - Mobile Companion
Mobile Hit Hunter
Agency license for FaceSearch
Image gallery up to 5;000 images
ILP Bundle for Agencies of 101 to 200 Sworn
Includes:
Agency license for LEARN SaaS
Unlimited access to Commercial LPR data
Two ( 2) 3 -Camera Mobile LPR Systems
First year of Basic and Standard Service Packages
LEARN - Mobile Companion
Mobile Hit Hunter
Agency license for FaceSearch
Image gallery up to 20,000 images
ILP Bundle for Agencies of 201 to 500 Sworn
Includes:
Agency license for LEARN SaaS
Unlimited access to Commercial LPR data
Three ( 3) 3 -Camera Mobile LPR Systems
First year of Basic and Standard Service Packages
LEARN - Mobile Companion
Mobile Hit Hunter
Agencylicensefor FaceSearch
Image gallery up to 50,000 images
ILP Bundle for Agencies of 501 to 1, 000 Sworn
Includes:
Agency license for LEARN SaaS
Unlimited access to Commercial LPR data
Four ( 4) 3 - Camera Mobile LPR Systems
First year of Basic and Standard Service Packages
LEARN - Mobile Companion
Mobile Hit Hunter
Agency license for FaceSearch
828
x tGULANT
Image gallery up to 75, 000 images
ILP Bundle for Agencies of 1, 001 to 1, 500 Sworn
Includes:
Agency licensefor LEARNSaaS
Unlimited access to Commercial LPR data
Four ( 4) 3- Camera Mobile LPR Systems
First year of Basic and Standard Service Packages
LEARN- Mobile Companion
Mobile Hit Hunter
Agency license for FaceSearch
Image gallery up to 100, 000 images
ILP Bundle for Agencies of 1, 501 to 2, 000 Sworn
Includes:
Agency license for LEARNSaaS
Unlimited access to Commercial LPR data
Five ( 5) 3- Camera Mobile LPR Systems
First year of Basic and Standard Service Packages
LEARN- Mobile Companion
Mobile Hit Hunter
Agency license for FaceSearch
Image gallery up to 200, 000 images
829
IGILANT
Exhibit B`. CAS Requirements
Vigilant and the Affiliate agree on the importance of data security, integrity and system availability and that these security objectives will only be achieved through shared responsibility. Vigilant and the Affiliate agree they will more likely be successful with information security by use of the Vigilant supplied technical controls and client Affiliate use of those controls; in conjunction with agency and personnel policies to protect the systems, data and privacy.
Vigilant and the Affiliate agree that Affiliate owned and FBI- CJISsupplied data in Vigilant systems does not meet the definition of FBI-CJISprovided Criminal Justice Information ( CJI). Regardless, Vigilant agrees to treat the Affiliate - supplied information in Vigilant systemsas CJI. Vigilant will strive to meet those technical and administrative controls; ensuring the tools are in placefor the proper protection of systems, information and privacy of individuals to the greatest degree possible.
Vigilantandthe Affiliate agreethat informationobtainedor incorporatedintoVigilantsystemsmaybeassociatedwith recordsthat are sensitive in nature having, tactical, investigative and Personally Identifiable Information. As such, that information will be treated in accordance with applicable laws, policies and regulations governing protection and privacy of this type of data.
Vigilant and the Affiliate agree that products and services offered by Vigilant are merely an investigative tool to aid the client in the courseof their duties and that Vigilant make no claims that direct actions be initiated based solely upon the information responses or analytical results. Further, Vigilant and the Affiliate agree that the Affiliate is ultimately responsible for taking the appropriate actionsfrom results, hits, etc. generated by Vigilant productsand require ongoing training, human evaluation, verifyingthe accuracyand currency of the information, and appropriate analysis prior to taking any action.
As such, the parties agree to do the following:
Vigilant:
1. Vigilanthasestablishedtheuseof FBI-CJISSecurityPolicyasguidanceforimplementingtechnicalsecuritycontrolsinan effort to meet or exceed those Policy requirements.
2. Vigilantagreesto appointa CJISInformationSecurityOfficerto actasa conduitto theclientContractingGovernment Agency, Agency Coordinator, to receive any security policy information and disseminate to the appropriate staff.
3. Vigilantagreesto adhereto FBI-CJISSecurityPolicyAwarenessTrainingandPersonnelScreeningstandardsasrequiredby the Affiliate.
4. Vigilant agrees, by default, to classify all client supplied data and information related to client owned infrastructure, information systemsor communicationssystemsas "CriminalJusticeData". All client information will betreatedat the highestlevelof confidentialitybyall Vigilantstaff andauthorizedpartners. Vigilanthassupportingguidance/policiesfor staffhandlingthefulllifecycleofinformationinphysicalorelectronicformandhasaccompanyingdisciplinaryprocedures for unauthorizedaccess, misuseor mishandlingofthatinformation.
5. Vigilantwillnotengageindatamining, commercialsale, unauthorizedaccessand/oruseofanyofAffiliateowneddata.
6. Vigilant and partners agree to usetheir formal cyber Incident ResponsePlan if such event occurs. 830
e JGt _, T
7. Vigilant agrees to immediately inform Affiliate of any cyber incident or data breach, to include DDoS, Malware, Virus, etc. that may impact or harm client data, systems or operations so proper analysis can be performed and client Incident Response Procedures can be initiated.
8. Vigilant will only allow authorized support staff to accessthe Affiliate' s account or Affiliate data in support of Affiliate as permitted by the terms of contracts.
9. Vigilant agrees to usetraining, policy and procedures to ensure support staff use proper handling, processing, storing, and communication protocols for Affiliate data.
10. Vigilantagreesto protect client systemsand data by monitoring and auditingstaff user activityto ensurethat it isonly within the purview of system application development, system maintenance or the support roles assigned.
11. Vigilant agrees to inform the Affiliate of any unauthorized, inappropriate use of data or systems.
12. Vigilant will design software applications to facilitate FBI-CJIScompliant information handling, processing, storing, and communication of Affiliate.
13. Vigilant will advise Affiliate when any software application or equipment technical controls are not consistent with meeting FBI-CJISPolicy criteria for analysis and due consideration.
14. Vigilant agrees to use the existing Change Management process to sufficiently plan for system or software changes and updates with Rollback Plans.
15. Vigilant agrees to provide technical security controls that only permit authorized user access to Affiliate owned data and Vigilant systems as intended by the Affiliate and data owners.
16. Vigilant agreesto meet or exceed the FBI-CJISSecurity Policy complex password construction and change rules.
17. Vigilant will only provide access to Vigilant systems and Affiliate owned information through Affiliate managed role -based access and applied sharing rules configured by the Affiliate.
18. Vigilant agrees to provide technical controls with additional levels of user Advanced Authentication in Physically Non - Secure Locations.
19. Vigilantagreesto providecompliant FIPS140-2 Certified128 -bit encryptionto Affiliate owned dataduringtransport and storage ("data at rest") while in the custody and control of Vigilant.
20. Vigilant agrees to provide firewalls and virus protection to protect networks, storage devices and data.
21. Vigilant agrees to execute archival, purges and/ or deletion of data asconfigured by the data owner.
22. Vigilant agrees to provide auditing and alerting tools within the software applications so Affiliate can monitor access and activity of Vigilant support staff and Affiliate users for unauthorized access, disclosure, alteration or misuse of Affiliate owned data. (Vigilant support staff will only have accesswhen granted by the Affiliate.)
23. Vigilant will only perform direct support remote accessto Affiliate systems/ infrastructure when requested, authorized and physically granted accessto the applications/ systems by the Affiliate. This activity will be documented by both parties.
24. Vigilant creates and retains activity transaction logs to enable auditing by the Affiliate data owners and Vigilant staff.
25. Vigilant agreesto provide physicalprotection for the equipment -storing Affiliate data along with additionaltechnical controls to protect physical and logical access to systems and data.
26. Vigilantagreesto participatein anyInformationor TechnicalSecurityComplianceAuditperformedbytheAffiliate, state CJISSystem Agency or FBI-CJIS Division.
27 Vigilantagreesto performindependentemploymentbackgroundscreeningfor its' staff and participatein additional fingerprintbackgroundscreeningas requiredby Affiliate.
28. Vigilant agrees that the Affiliate owns all Affiliate contributed data to include " hot -lists", scans, user information etc, is onlysharedasdesignatedbythe client and remainsthe responsibilityandpropertyof the Affiliate.
Affiliate
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d 1LANT
1. Affiliateagreestoappoint an AgencyCoordinatorasacentralPointof Contactfor all FBI-CJISSecurityPolicyrelatedmatters and to assignstaff that are familiar with the contents of the FBI-CJISSecurity Policy.
2. Affiliateagreesto havetheAgencyCoordinatorprovidetimelyupdateswith specificinformationregardinganynewFBI CJIS, state or local information security policy requirements that may impact Vigilant compliance or system/application developmentand, to facilitateobtainingcertifications; training, andfingerprint-basedbackgroundchecksasrequired.
3. Affiliate agrees to inform Vigilant when any FBI-CJISSecurity Awareness Training, personnel background screening or execution of FBI-CJISSecurity Addendum Certifications are required.
4. Affiliate agreesto immediatelyinform Vigilantof anyrelevantdata breachor cyber incident, to includeDDoS, Malware, Virus, etc. that may impact or harm Vigilant systems, operations, business partners and/ or other Affiliates, so proper analysis can be performed, and Incident Response Procedures can be initiated.
5. Affiliate agreesthat they are responsiblefor the legalityandcomplianceof information recorded, submittedor placedin Vigilant systems and use of that data.
6. Affiliate agrees that they are responsible for proper equipment operation and placement of equipment.
7. Affiliate agrees that they are responsible for vetting authorized user accessto Vigilant systems with due consideration of providing potential accessto non-Affiliate information.
8. Affiliate agreesthat responsibilityand control of personsgranted accessto purchasedVigilant systems, alongwith data stored and transmitted via Vigilant systems, is that of the Affiliate.
9. Affiliate agrees that they have responsibility for all data security, handling and data protection strategies from point of acquisition, during transport and until submission (" Hotlist upload") into Vigilant systems.
10. Affiliate agrees to reinforce client staff policies and procedures for secure storage and protection of Vigilant system passwords.
11. Affiliate agrees to reinforce client staff policies for creating user accounts with only government domain email addresses.
Exceptions will be granted in writing.
12. Affiliate agrees to reinforce client staff policies for not sharing user accounts.
13. Affiliate agrees to use Vigilant role- based access as designed to foster system security and integrity.
14. Affiliate agrees that they control, and are responsible for, appropriate use and data storage policies as well asprocedures for the data maintained outside the Vigilant systems. This includes when any information is disseminated, extracted or exported out of Vigilant systems.
15. Affiliate agreesthat they control andare responsiblefor developingpolicies, proceduresand enforcementfor applying deletion/ purging and dissemination rules to information within and outside the Vigilant systems.
16. Affiliate agrees that it is their responsibility to ensure data andsystem protection strategies areaccomplished through the tools provided by Vigilant for account and user management features along with audit and alert threshold features.
17. Affiliate agrees to use the " virtual escorting" security tools provided for managing client system remote access and monitor Vigilant support staff when authorized to assist the client.
18. Affiliate agrees that the Vigilant designed technical controls and tools will only be effective in conjunction with Affiliate created policies and procedures that guide user access and appropriate use of the system.
19. Affiliate agrees that information and services provided through Vigilant products do not provide any actionable information, Affiliate users are responsible for the validity and accuracy of their data and developing procedures to verify information with the record owner and other systems ( NCIQ based upon the potential lead generated.
V 832
IGILANT
Exhibit C
Date: 12- 04- 18
Be Smart. Be Safe. BeVigilant.
833
vIiL.
NT
PROJECT QUOTATION
WeatVigilantSolutionsarepleasedto quotethefollowingsystemsfortheabovereferencedproject:
Qty
Vigilant Solutions, LLC
Be smart. Be safe.
30)
1152 Stealth Street
ReaperXD Fixed LPR Camera System
Livermore, California 94551
Be Vigilant. r; r' e W
P 858- 287- 0067
Varifocal lens for capture up to 120'
Attention: City of Eastvale I Date 1213/ 2018
Project Name: ALPR Project I Quote Number: GSM - 0921- 04
PROJECT QUOTATION
Weat VigilantSolutionsare pleasedto quotethe followingsystemsforthe above referencedproject:
Qty Item # Description
30) VSF- 100- RXD ReaperXD Fixed LPR Camera System
Vigilant Solutions High Definition Fixed LPR camera ( standard wavelength) Varifocallens for captureup to 120'
Requires Vigilant Intel Box, sold separately
Includes Vigilant Solutions Pole Mount
1.5) VS- BCAI- P Vigilant Fixed Camera Intelligence Box - Primary PrimaryIntelligenceBoxtomanagepowerandcommunicationsfor uptofourVigilantfixedLPR cameras
Supports up to three Secondary boxes
7) REAPER - CAM - CBL- Reaper SD Camera Cable
REVB- 30FT 30FT cable for Reaper SD cameras
15) REAPER - CAM - CBL- Reaper SD Camera Cable
REVB- 60FT 60FT cable for SD Reaper cameras
30) VS- SHP- 02 Vigilant Shipping & Handling Charges
Applies to each fixed camera LPR System
Shipping Method is FOB Shipping
30) CDFS- 4HVVW Fixed Camera LPR System - Extended Hardware Warranty - Year 2 through 5 Fixed LPR System LPR hardware component replacement warranty Applies to 1 -Channel hardware system kit
Valid for 4years from standard warranty expiration
1) Install Fixed Installation of Fixed Mobile Equipment Per site survey delivered with quote.
834
VIGILANT
S L U T I. ,
6) Mobile LPR SYS - 1 Mobile LPR 4 - Camera System w/ Integrated Processor CDM- 4- 1123RE Hardware:
Qty= 2 Combination IR / Color LPR Cameras - 16mm lens package Qty= 1 Combination IR / Color LPR Camera - 25mm lens package Qty= 1 Combination IR / Color LPR Camera - 35mm lens package Cameras w/ integrated solid state DSPs ( No moving parts) Wiring harness w/ ignition control ( Direct to Battery) o Single point power connection
Field installed GPS receiver for MDC ( USB Connect)
Software:
CarDetector Mobile LPR software application for MDC unit o LPR vehicle license plate scanning / real time alerting o Full suite of LPR tools including video tool set
6) USB - CABLE- USB CABLE EXTENDER 6FT
EXTENDER- 6FT USB Cable Extender for GPS Units
6) VS - LBB - 02- E LPR Camera Mounting Brackets - Light Bar Mounting Style - Complete Set LPR Camera Mounting Bracket - Rooftop under light bar
Compatible with most Whelen, Code3, TOMAR, Federal Signal, Arjent S2 Light Bars Mounts up to four ( 4) LPR cameras
6) CDMS44HWW 4 -Camera Mobile LPR System - Extended Hardware Warranty - Years 2 through 5 Full mobile LPR hardware component replacement warranty Applies to 4 -Camera hardware system kit
Valid for 4 years from standard warranty expiration
6) Installation Mobile Installation of 4 Camera Mobile System 5) VSBSCSVC- 04 Vigilant LPR Basic Service Package for Hosted/ Managed LPR Deployments Managed/hosted server account services by Vigilant
o Includes access to all LEARN or Client Portal and CarDetector software updates Priced per camera per year for over 60 total camera units Requires new/existing Enterprise Service Agreement (ESA) 5) VSPK1 SVC - 04 Vigilant LPR Standard Service Package for Hosted/ Managed LPR Deployments Optional Service Package Benefits
o Extended access to Vigilant 'Private Data' via CarDetector Mobile Hit Hunter o Unlimited access to Vigilant's Mobile Companion LPR application for Smartphones Priced per camera per year for over 60 total camera units o Requires Basic Service Package
36) SSU - SYS - COM Vigilant System Start Up & Commissioning of ' In Field' LPR system Vigilant technician to visit customer site
Includessystemstartup, configurationandcommissioningof LPRsystem Applies to mobile (1 System) and fixed 0 Camera) LPR systems i: il: uu ti; iuu, n !_, t r r. I i.• n. A i! nrnt „ J 835 e
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1) TAS - UL Target Alert Service - LPR Alert Delivery Software - Unlimited User Real Time LPR notification and mapping software sends LPR alerts to any in -network PC Send Alerts over any communication protocol including LAN, WAN, internet wireless, etc.
Server Client software compatible with all Vigilant CDFS applications 1) VS- TRNG Vigilant End User Training for LPR Systems
End user training for Vigilant products
o Covers all client purchased applications
o Includes classroom and field operation training
Vigilant certified technician to visit site and perform one training class 3) VS- TRVL- 01 Vigilant Travel via Client Site Visit
Vigilant certified technician to visit client site
Includes all travel costs for onsite support services
6) VS- SHP- 01 Vigilant Shipping & Handling Charges
Applies to each Mobile LPR System
Shipping Method is FOB Shipping
1) Tax Tax on hardware at 7. 75%
Subtotal Price $ 756, 583. 00
Quote Notes:
1. All prices are quoted in USD and will remain firm and in effect until 1213112018.
2. Orders requiring immediate shipment may be subject to a 15% QuickShip fee.
3. No permits, start-up, installation, and or service included in this proposal unless explicitly stated above.
4. Compliance to local codes neither guaranteed nor implied.
5. This Quote does not include anything outside the above stated bill of materials.
6. All prices are quoted in USD and will remain firm and in effect for 60 days.
7. Additional discounts provided only if all 5 years of services purchased upfront.
Quoted by: Greg Mills - 858- 287- 0067 - greg. mills@vigilantsolutions. com Total Price $ 7569583. 00
836
AGENDA STAFF REPORT
City Council Meeting
CITY COUNCIL BUSINESS
Agenda Item No. 14.4
December 13, 2023
Amendment of Eastvale Noise Ordinance - Private Events at Public Facilities
Prepared By:
Johnny Terfehr, Community Safety Director
Recommended Action(s)
Staff recommends that the City Council introduce, read by tle, and waive further reading of an ordinance amending the noise ordinance addressing noise emanang from private events at public facilities.
Summary
Adopon of the proposed amendment will apply the same noise standards to private events held at public facilities as events held at private facilities.
Background
The City’s current municipal code, Secon 8.52.020 (1), exempts events held at government facilies from the City noise ordinance because these events are typically open to the public and conducted for the public good. In recent years, the City has experienced an increase in the use of government facilies for private events such as pares, weddings, birthdays, etc., which are not conducted for the public good. Due to the frequency of such events and their proximity to residenal properes, the Sheriff's Department has received and responded to numerous complaints about such events but is not authorized to issue citations due to the current language in the municipal code.
The proposed amendment to the City's noise ordinance will address the issue and require that such private funcons held at publicly owned facilies adhere to the same noise regulaons imposed on other private events held in the City. Public events held at government facilies would connue to be exempt from the City’s noise ordinance. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
837
Environmental
The proposed Ordinance is not a project as defined by the California Environmental Quality Act (CEQA). As a result, no environmental review efforts are required.
Strategic Plan Action - Priority Level: N/A
| Target #: 1
| Goal #: 5
Identify and recommend tools necessary for optimal employee performance.
Fiscal Impact
The adopon of this ordinance may result in the issuance of fines. However, it is ancipated few citaons will be issued and that voluntary compliance can be achieved, in most cases, through education of the event sponsor and collaboration with the facility owner.
Prior City Council/Commission Action
There is no prior Council or Commission action on this item.
Attachment(s)
Eastvale Noise Ordinance Update - Private Events at Public Facilities
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
838
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF EASTVALE,
AMENDING SECTION 8.52.020 OF THE EASTVALE
MUNICIPAL CODE TO MAKE PRIVATE EVENTS HELD ON
GOVERNMENTAL PROPERTY SUBJECT TO THE CITY’S
NOISE REGULATIONS
WHEREAS, Chapter 8.52 of the Eastvale Municipal Code establishes noise regulations applicable throughout the City; and
WHEREAS, facilities owned or operated by or for a governmental agency are exempt from the City’s noise regulations; and
WHEREAS, there are governmental facilities within the City that can be rented out for private functions and it is in the public’s interest to ensure that such functions abide by the City’s noise regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Section 8.52.020 (Exemptions), paragraph (1) is amended to read as follows:
“(1) Facilities owned or operated by or for a governmental agency, except to the extent that the noise is emanating from a nongovernmental use of the facility, including but not limited to events noise generated by events held by third parties renting the facility.”
SECTION 3. This ordinance is not subject to review under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment (14 Cal. Code Regs § 15061 (b)(3)).
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Eastvale’ book of original ordinances; 839
make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 6. This Ordinance will take effect on the 30th day following its final passage and adoption.
PASSED, APPROVED AND ORDAINED this _____ day of ___________, 2024. __________________________________________
Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
840
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 23-XX, was introduced at a regular meeting of the City Council of the City of Eastvale held on the ____ day of _________, 2023, and was passed by the City Council of the City of Eastvale at a regular meeting held on the ____ day of _________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
841