REGULAR CITY COUNCIL/EASTVALE COMMUNITY FOUNDATION BOARD AGENDA Eastvale City Hall Council Chambers
12363 Limonite Avenue, Suite 900, Eastvale, CA 91752
Wednesday, March 13, 2024
Regular City Council/Eastvale Community Foundation Board:
5:15 PM
City Councilmembers
Christian Dinco, Mayor/ Chair
Michael McMinn, Mayor Pro Tem/ Vice-Chair
Clint Lorimore, Councilmember/ Trustee
Todd Rigby, Councilmember/ Trustee
Jocelyn Yow, Councilmember/ Trustee
Mark Orme, City Manager/ Executive Director
Erica Vega, City Attorney
Marc Donohue, City Clerk/Communications Director/ Secretary This Agenda contains a brief general descrip*on of each item to be considered. Except as otherwise provided by law, no ac*on or direc*on shall be taken on any item not appearing on the following Agenda. Unless legally privileged, all suppor*ng documents, including staff reports, and any wri*ngs or documents provided to a majority of the City Council a/er the pos*ng of this agenda are available for review at Eastvale City Hall, 12363 Limonite Avenue, Eastvale, CA 91752 or you may contact the City Clerk’s Office, at (951) 361-0900 Monday through Thursday from 7:30 a.m. to 5:30 p.m. and available online at www.eastvaleca.gov
.
Members of the public can observe the mee*ng by viewing the live-stream at www.eastvaleca.gov
and may provide public
comment by sending comments to the City Clerk's Office by email at [email protected]
. Staff will monitor emails to the
extent possible during the mee*ng and provide comments as possible. All comments will be made part of the record. Comments will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discre*on to reduce *me on public comment. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking *me. If a comment is received before the agenda item is heard but before the close of the mee*ng, the comment will all be included as a part of the record of the meeting but will not be read into the record.
In compliance with the Americans with Disabili*es Act, if you need special assistance to par*cipate in this mee*ng, you should contact the City Clerk’s Office at (951) 361-0900.
Regular mee*ngs are recorded and made available on the City’s website at www.eastvaleca.gov
. Mee*ng recordings are uploaded
to the City’s website within 24 hours (unless otherwise noted) after the completion of the meeting. 1 1.
CALL TO ORDER
2. ROLL CALL
3. CLOSED SESSION PUBLIC COMMENT
Any member of the public may address the Council on items within the Council’s subject maer jurisdicon, but which are not listed on this agenda during PUBLIC COMMENTS. However, no acon may be taken on maers that are not part of the posted agenda. We request comments made on the agenda be made at the me the item is considered and that comments be limited to three minutes per person with a maximum of six minutes (me may be donated by one person). Please address your comments to the Council and do not engaged in dialogue with individual Council Members, City staff, or members of the audience. Blue speaker forms are available at the front table to the entrance of Council Chambers.
4. CLOSED SESSION ITEM(S)
4.1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Sec. 54957.6).
Agency designated representatives: Mark Orme, City Manager, Maricela Mejia, HR Manager. Unrepresented employee: all unrepresented employees.
4.2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Government Code Sec. 54956.9(d)(4)). Initiation of litigation: 1 potential case.
5. INVOCATION
6. PLEDGE OF ALLEGIANCE
7. ADDITIONS/REVISIONS
The City Council may only add an item to the Agenda a2er making a finding that there is a need to take immediate acon on the item and that the item came to the aenon of the agency subsequent to the posng of the agenda. An acon adding an item to the agenda requires 2/3 vote of the Council. If there is less than 2/3 of the Council members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of each section unless otherwise noted.
8. PRESENTATIONS/ANNOUNCEMENTS
8.1. Riverside County Arts & Culture Month Proclamation
9. AGENCY PARTNER UPDATES
9.1. Youth Council Update
9.2. Norco College Update
2 10.
PUBLIC COMMENT
Any member of the public may address the Council on items within the Council’s subject maer jurisdicon, but which are not listed on this agenda during PUBLIC COMMENTS. However, no acon may be taken on maers that are not part of the posted agenda. We request comments made on the agenda be made at the me the item is considered and that comments be limited to three minutes per person with a maximum of six minutes (me may be donated by one person). Please address your comments to the Council and do not engaged in dialogue with individual Councilmembers, City staff, or members of the audience. Blue speaker forms are available at the front table to the entrance of Council Chambers.
11. CONSENT CALENDAR
Consent Calendar items are normally enacted in one moon. The Mayor or City Council may remove a Consent Calendar item for separate acon. If a member of the public would like to speak on a Consent Calendar item, please complete a blue “Public Comment Form” and submit to the City Clerk prior to the item.
11.1. City Council Meeting Minutes
Submitted by: Marc A. Donohue, City Clerk/Communications Director
RECOMMENDED ACTION(S):
Staff recommends that the City Council approve the City Council meeting minutes from the
regular meeting on February 28, 2024.
11.2. Approval of Task Order No. 4 with MSN Engineers, Inc. for Grant Writing Services
Submitted by: Jimmy Chung, Public Works Director/City Engineer
RECOMMENDED ACTION(S):
Staff recommends that the City Council:
1 .
Approve Task Order No. 4 with MSN Engineers for Grant Wri*ng Services in the amount of $39,105 plus a 10% con*ngency for a total not-to-exceed amount of $43,015; and
2 .
Authorize City Manager to execute Task Order with On-Call Professional Services.
11.3. Planning Commission Appointment
Submitted by: Marc A. Donohue, City Clerk/Communications Director
RECOMMENDED ACTION(S):
Staff recommends that the City Council approve Mayor Dinco's nomination of Trinidad Lomeli to the Planning Commission.
11.4. New Eastvale City Hall Congressionally Directed Spending Funding Support Letter
Submitted by: Alexander Fung, Economic Development Manager
3 RECOMMENDED ACTION(S):
Staff recommends that the City Council approve a letter supporting the submittal of a FY 2024-2025 $8 million Congressionally Directed Spending Request for the new Eastvale City Hall.
11.5. Purchase of Three Pool Vehicles for City Staff and Patrol Volunteer Use
Submitted by: Johnny Terfehr, Community Safety Director
RECOMMENDED ACTION(S):
Staff recommends that the City Council:
1 .
Approve the purchase and up-fitting of three Plug-In Hybrid Ford Escape vehicles in a total amount not to exceed $165,000; and
2 .
Determine compliance with the formal bidding process is not in the best interest of the City and authorize City staff to utilize the informal competitive bidding process for this purchase and up-fitting; and
3 .
Authorize the City Manager to execute the necessary agreements and purchase orders;
12. PUBLIC HEARINGS
The public is encouraged to express your views on any maer set for public hearing. It is our procedure to first receive the staff report, then to ask for public tesmony, first from those in favor of the project followed by tesmony from those in opposion to it, and if there is opposion, to allow those in favor, rebual tesmony only as to the points brought up in opposion. To tesfy on the maer, you need to simply come forward to the speaker’s podium at the appropriate me, give your name and address and make your statement. A2er a hearing is closed, you may not further speak on the maer unless requested to do so or are asked quesons by the Mayor or a Councilmember. Public comment is limited to three (3) minutes each with a maximum of six (6) minutes (time may be donated by one speaker.)
13. CITY COUNCIL BUSINESS
14. CITY MANAGER/CITY STAFF REPORT
15. CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS
16. ADJOURNMENT OF THE CITY COUNCIL MEETING
The next regular mee*ng of the Eastvale City Council is scheduled for Wednesday, March 27, 2024, at 6:30 p.m. at Eastvale City Hall Council Chambers, 12363 Limonite Avenue, Suite 900, Eastvale, CA 91752.
17. CALL TO ORDER TO EASTVALE COMMUNITY FOUNDATION BOARD
18. ROLL CALL
19. EASTVALE COMMUNITY FOUNDATION BOARD CONSENT CALENDAR
19.1. Dissolution of the Eastvale Community Foundation
4 Submitted by: Erica Vega, City Attorney
RECOMMENDED ACTION(S):
Staff recommends that the City Council, sitting as the Board of the Eastvale Community Foundation, vote to dissolve the Eastvale Community Foundation, authorize all Board members to execute any documents required to effectuate the dissolution, and authorize the Executive Director and Secretary of the Foundation to take all actions necessary to wind up the affairs of the Foundation and complete the dissolution process. It is further recommended that the Board direct any assets of the Foundation remaining after dissolution be transferred to the City's General Fund.
20. ADJOURNMENT OF THE EASTVALE COMMUNITY FOUNDATION BOARD MEETING
21. AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the following locations: City Hall, 12363 Limonite Avenue, Suite 910 and website of the City of Eastvale (
www.eastvaleca.gov
,) not less than 72 hours
prior to the meeting.
______________________________________________________
Marc A. Donohue, MMC
City Clerk
5 Eastvale City Council Meeting Minutes
February 28, 2024 Page - 1
MINUTES
CITY OF EASTVALE
CITY COUNCIL REGULAR MEETING
Wednesday, February 28, 2024
Regular Meeting: 6:30 PM
City Hall Council Chambers
12363 Limonite Avenue, Suite 900
Eastvale, CA 91752
1. CALL TO ORDER
The regular meeting of the Eastvale City Council was called to order at 6:31 p.m. by Mayor Dinco.
2. ROLL CALL
Present: Councilmembers Lorimore, Rigby, Yow, Mayor Pro Tem McMinn, and Mayor Dinco.
Absent:
City Staff
Present: City Manager Orme, City Attorney Vega, and City Clerk/Communications Director Donohue were present at Roll Call. Other staff members were present.
3. CLOSED SESSION PUBLIC COMMENT – None
4. CLOSED SESSION ITEM – None
5. INVOCATION
Joan Anderson from the Church of Jesus Christ of Latter-day Saints offered the invocation.
6. PLEDGE OF ALLEGIANCE
Mayor Pro Tem McMinn led the Pledge of Allegiance.
7. ADDITIONS/REVISIONS – None
8. PRESENTATIONS/ANNOUNCEMENTS
6 Eastvale City Council Meeting Minutes
February 28, 2024 Page - 2
8.1 Certificate of Recognition for Les Schwab
A certificate was presented to Les Schwab Manager Travis Ferguson and Assistant Manager Isael Soto.
8.2 Recognition for Outgoing Planning Commissioner Kevin Mensen The City Council recognized outgoing Planning Commissioner Kevin Mensen.
9. AGENCY PARTNER UPDATES
9.1 Riverside County Transportation Commission Traffic Relief Plan Presentation
Riverside County Transportation Commission Deputy Executive Director Aaron Hake provided a presentation.
9.2 Eastvale Library Update
Eastvale Library Branch manager was not available to provide the update.
9.3 YMCA Update
Tammy Ellis, YMCA Executive Director of Child Youth Development and Casey Christianson, YMCA Associate Executive Director of Child Youth Development, provided an update.
10. PUBLIC COMMENT – None
11. CONSENT CALENDAR
On motion of Councilmember Lorimore and second by Councilmember Rigby, the City Council voted unanimously to approve the Consent Calendar.
11.1 City Council Meeting Minutes
The City Council approved the City Council meeting minutes from the regular meeting on January 24, 2024.
11.2 Warrant Register: January 2024
The City Council approved the payment of warrants as submitted by the Finance Department under Attachment 1.
11.3 Treasurer’s Report: January 2024
The City Council received and filed the City’s Treasurer’s Report. 7 Eastvale City Council Meeting Minutes
February 28, 2024 Page - 3
11.4 Planning Department Update
The City Council received and filed the Planning Department Update.
11.5 Public Works Department Update
The City Council received and filed the Public Works Department Update.
11.6 Eastvale Military Banner Program
The City Council approved the updated Military Banner Program Policy.
11.7 Approval of Letter of Support for the City of Ontario’s Grand Park Congressional Community Project Funding Request
The City Council approved a letter supporting the City of Ontario’s submittal of a FY 2024-2025 $2 million Congressional Community Project Funding Request for the Ontario Grand Park Project.
11.8 Eastvale Police Station Congressional Community Project Funding Support Letter The City Council approved a letter supporting the submittal of a FY 2024-2025 $4.0 million Congressional Community Project Funding Request for the Eastvale Police Station.
12. PUBLIC HEARINGS – None
13. CITY COUNCIL BUSINESS
13.1 Fiscal Year 2023 – 24 Mid-Year Budget Review
Finance Director/City Treasurer Wells presented a PowerPoint presentation and answered all related questions.
Mayor Dinco opened the public comment period. Hearing no response, Mayor Dinco closed the public comment period.
On motion of Mayor Pro Tem McMinn and second by Councilmember Rigby, the City Council voted to:
1. Approve and Adopt Resolution 24-12, Mid-Year Budget Appropriation; and
2. Approve and Adopt Resolution 24-13, Authorizing the Amendments to the City’s Salary Schedule; and
3. Approve and Adopt Resolution 24-14, Amending the 2023-24 Authorized Position List; and
4. Approve the amendments to the city’s five-year Capital Improvement Plan; and 8 Eastvale City Council Meeting Minutes
February 28, 2024 Page - 4
5. Rescind the limitation the City Council imposed on the issuance of Purchasing Cards to only the City Manager and Department Heads, and allow the City Manager and/or his designee the discretion to determine which employees receive City-issued Purchasing Cards; and
6. Authorize the City Manager to execute all documents and take all actions necessary to implement the above approvals.
13.2 Eastvale Essentials – City Merchandise Shop
Communications Officer Kortsen presented a PowerPoint presentation and answered all related questions.
Mayor Dinco opened the public comment period. Hearing no response, Mayor Dinco closed the public comment period.
The City Council discussed and provided direction on the Eastvale Essentials merchandise logos.
13.3 Strategic Plan Update
Assistant to the City Manager Vasquez presented a PowerPoint presentation and answered all related questions.
Mayor Dinco opened the public comment period. Hearing no response, Mayor Dinco closed the public comment period.
The City Council provided feedback, received, and filed the strategic plan update.
13.4 Public Works Update of Recent Slurry Seal Project, 68 th St and Sumner Ave Intersection Improvement, and Cedar Creek Speed and Volume Counts Public Works Director/City Engineer Chung presented a PowerPoint presentation and answered all related questions.
Mayor Dinco opened the public comment period. Hearing no response, Mayor Dinco closed the public comment period.
The City Council received and provided feedback to the provided Public Works update.
14. CITY MANAGER/CITY STAFF REPORT
City Manager Orme provided an update on upcoming City events. 9 Eastvale City Council Meeting Minutes
February 28, 2024 Page - 5
15. CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS
15.1 League of California Cities
No report was provided.
15.2 Southern California Association of Governments
No report was provided.
15.3 Western Riverside Council of Governments
No report was provided.
15.4 Riverside Transit Agency
Councilmember Yow provided a report.
15.5 Northwest Mosquito and Vector Control District
Councilmember Lorimore provided a report.
15.6 Riverside County Transportation Commission
Councilmember Lorimore provided a report.
15.7 Western Riverside County Regional Conservation Authority No report was provided.
15.8 Finance Committee
No report was provided.
15.9 Eastvale Schools Committee
Councilmember Yow provided a report.
15.10 Business and Development Success Ad-Hoc Committee No report was provided.
15.11 Eastvale Legislative Ad-Hoc Committee
Mayor Pro Tem McMinn provided a report.
15.12 Eastvale Community Services Ad-Hoc Committee
No report was provided.
15.13 Classification & Compensation Ad-Hoc Committee
No report was provided.
10 Eastvale City Council Meeting Minutes
February 28, 2024 Page - 6
15.14 City Council Communications
The City Council provided comments.
ADJOURNMENT – Mayor Dinco adjourned the regular meeting at 10:22 P.M. The next regular meeting of the Eastvale City Council is scheduled for Wednesday, March 13, 2024, at 6:30 P.M.
Marc A. Donohue, MMC
City Clerk/Communications Director
11 AGENDA STAFF REPORT
City Council/Eastvale Community Foundation Board Meeting
CONSENT CALENDAR
Agenda Item No. 11.2
March 13, 2024
Approval of Task Order No. 4 with MSN Engineers, Inc. for Grant Writing Services
Prepared By:
Jimmy Chung, Public Works Director/City Engineer
Recommended Action(s)
Staff recommends that the City Council:
1 .
Approve Task Order No. 4 with MSN Engineers for Grant Wri+ng Services in the amount of $39,105 plus a 10% contingency for a total not-to-exceed amount of $43,015; and 2 .
Authorize City Manager to execute Task Order with On-Call Professional Services.
Summary
MSN Engineers is an On-Call Consultant with the City of Eastvale. MNS Engineers provides grant writing and grant management services.
Task Orders submitted for work are listed below:
Task
Order
No. 1
Grant writing Services for
RCTC Arterials Call for
Projects
$7,570
Task
Order
No. 2
CIP Grant Strategy Analysis
$12,000
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
12 Task
Order
No.3
CCLGP Grant Analysis
$3,692.50
Task Order No.'s 1, 2, and 3 were executed in accordance with the requirements of the City's Purchasing Policy.
Staff wishes to use MSN Engineers' services to submit an applica+on for ATP Cycle 7 for CIP 92012 Improvement of Trail Network Connec+vity. MNS Engineers has been successful with ATP in the last cycles. In Cycle 6, they assisted an agency to get one of the highest scores (97 points), third highest score in the statewide competition out of more than 400 applications.
Background
On September 26, 2013, Governor Brown signed legisla+on crea+ng the Ac+ve Transporta+on Program (ATP) in the Department of Transporta+on (Senate Bill 99, Chapter 359 and Assembly Bill 101, Chapter 354). The ATP consolidates exis+ng federal and state transporta+on programs, including the Transporta+on Alterna+ves Program (TAP), Bicycle Transporta+on Account (BTA), and State Safe Routes to School (SRTS), into a single program with a focus to make California a na+onal leader in ac+ve transporta+on. The ATP is administered by the Division of Local Assistance, Office of State Programs.
The purpose of ATP is to encourage increased use of ac+ve modes of transporta+on by achieving the following goals:
Increase the proportion of trips accomplished by biking and walking Increase safety and mobility for non-motorized users
Advance the ac+ve transporta+on efforts of regional agencies to achieve Greenhouse Gas (GHG) reduction goals, pursuant to SB 375 (of 2008) and SB 341 (of 2009) Enhance public health
Ensure that disadvantaged communities fully share in the benefits of the program Provide a broad spectrum of projects to benefit many types of active transportation users
In 2018, the City applied for and was successfully awarded of the ATP Cycle 4 grant. The approved project scope included the installa+on of 4.7 miles of road diet and protected (Class IV) bikeways along Scholar Way and Harrison Avenue from the county line to the Santa Ana River Trail. The goal was to enhance mobility, safety, and connec+vity for all ages and abili+es by closing gaps in the existing bike network with north/south routes.
The funding was approved for all three phases: PA&ED, PS&E, and CON in the amounts specified below:
Phase
Approved funding amount
PA&ED
$114,000
PS&E
$457,000
CON
$5,600,000
On December 9, 2020, the City Council approved the Professional Services Agreement to Mark Thomas for architectural, engineering, and environmental services. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
13 Through a produc+ve collabora+on with the public, it was clear that the community wanted safer facili+es for people who walk and bike on roadways. The general consensus was that the public lacks the sen+ment of secure safety measure to walk or bike near busy streets and would like to see more off-street trails/paths, wider sidewalks, and street furniture that will enhance the walking and biking experience. Understanding the community’s needs, the City submiKed a scope change request to CTC on July 13, 2023. The proposed project scope included installa+on of Class I mul+-use trails on the west side of the corridors with no lane reduc+on while keeping the original project limits. On December 19, 2023, CTC approved the scope change request as a minor scope change.
The current construc+on cost es+mate for the Class I mul+-use trail improvements for the en+re 4.7 miles is $27,482,200. This is a significant increase from the original es+mate ($7,220,000). The allocation deadline for construction phase was December 31, 2023, and no extension was available.
On December 20, 2023, the City submiKed a request to rescind the ATP funds for CON phase only.
This would allow the staff to proceed with developing the shovel ready plans with a budget that is par+ally funded ATP Cycle 4 while con+nuing to ac+vely seek funding/grant opportuni+es to fund the construction and successfully deliver the project.
ATP Cycle 7 was announced in early this year and is expected to include about $568M made up of Federal, State SB1, and State Highway Account (SHA) funding. The funding/programming years include the 25/26, 26/27, 27/28, and 28/29 fiscal years. The Call for Projects is scheduled for March 21-22, 2024 with the applica+on deadline on June 17, 2024. The staff wishes to pursue this funding opportunity for Construc+on phase. The design is currently at 30%, and 100% PS&E is expected is delivered in January 2025.
100% PS&E and ROW Cert
January 2025
Con Allocation from CTC
March 2025
Advertisement
April 2025
Construction Bid Due
May 2025
Contract Award
May 2025
Start construction
June 2025
End construction
May 2026
Environmental
Approval of the contract is not a project and is exempt from the requirements of the California Environmental Quality act (CEQA).
Strategic Plan Action - Priority Level: 1
| Target #: 5
| Goal #: N/A
Develop and Construct Civic Center
Leal Master Plan Implementation
Fiscal Impact
T
here are sufficient funds budgeted in fiscal year 2023-24 for the recommended ac+on as shown 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
14 below:
Fund
Account
Department
Account
Description
Budget
General
100-320-6490
Engineering
Other Contract
Services
$419,500
The current construc+on cost es+mate for the Class I mul+-use trail improvements for the en+re 4.7 miles is $27,482,200. In accordance with the scoring criteria in the draO funding guidelines, it is significant to budget a minimum 20% of the project cost for outer years in order to ensure maximum points (5 points) to be earned for grant scoring. Staff has assigned $5.5 million of General Fund available fund-balance for the grant match during the Fiscal Year 2023-24 budget process to ensure adequate cash is available to fund the match. Funds will be appropriated during the fiscal year 2025- 26 budget process. With the assignment of funds, the General Fund is projected to end the 2023-24 fiscal year with $250,274 in unassigned fund balance.
Prior City Council/Commission Action
On December 8, 2021, the City Council awarded an On-Call Engineering and Professional Consul+ng Services to MNS Engineers, Inc. for Grant Writing and Management Services.
Attachment(s)
Attachment 1 - MNS Engineers, Inc. - On-Call - Grant Writing and Management Services
Attachment 2 - Task Order No. 4.pdf
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
15 AGREEMENT FOR ON - CALL PROFESSIONAL SERVICES
GRANT WRITING AND MANAGEMENT SERVICES]
This A reement fo On - Call Professional Services (" Agreement') is entered into as of this day of _Q&e6J ,_ 2021 by and between the City of Eastvale, a municipal corporation (" City") and MNS Engineers, Inc. (" Contractor"). City and Contractor are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Parties."
RECITALS
A. City has sought, by request for proposals the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Contractor, following submission of its proposals 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 Grant Writing and Management services ( hereinafter, the " Services") as requested and authorized by the City. The Services are more particularly described in Exhibit " A" attached hereto and incorporated herein. When the City desires to utilize Contractor for Services, the City will issue a Task Order that includes a Scope of Services to be performed and the compensation to be paid for the Services within the Task Order. Each Task Order shall be attached to this Agreement as part of Exhibit " A" ( e.g., the first Task Order will be Exhibit " A- 1", the second Exhibit " A- 2," etc.). Each Task Order is made a part of this Agreement by this reference.
1 -
16 b) Schedule of Performance. The Services authorized by each Task Order shall be completed pursuant to the schedule stated in the Task Order. Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Contractor shall not be compensated for any work rendered that are in addition to or outside of the Services authorized by a Task Order unless such additional services are authorized in advance and in writing in accordance with Section 26 " Administration and Implementation" or Section 28 " Amendment' of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
a) The City has or will enter into a maximum of four ( 4) non- exclusive contracts for performance of the Scope of Services identified in Exhibit A, including this Agreement (" On - Call Contracts"). The total aggregate amount payable by the City pursuant to the On -Call Contracts shall not exceed a cumulative maximum total value of One Hundred Fifty Thousand Dollars ($ 150, 000) per fiscal year (" NTE Sum"). Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in each Task Order for the Services identified in the Task Order. The City Manager shall have the authority to approve Task Orders for Services that do not exceed the City Manager' s then -current signing authority for purchases of professional services as set forth in Section 4. 06. 050, as that section may be amended from time to time. All other Task Orders shall be approved by the City Council prior to the commencement of the Services. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under the On - Call Contracts through Task Orders. Each time a Task Order is awarded under any of the On - Call Contracts, the City will send written notification to Contractor and each of the other consultants entering into the On -Call Contracts. The notice will identify the total funds allocated under issued Task Orders, and the remaining unencumbered amount of the NTE Sum. Contractor acknowledges and agrees that the City will not pay any amount under this Agreement that would exceed the NTE Sum, and Contractor shall not enter into a Task Order that exceeds the NTE Sum.
b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor ( by sub -category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If 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 2-
17 independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection ( c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty ( 30) days of receipt of Contractor' s correct and undisputed invoice.
d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Contractor' s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor' s work within sixty ( 60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor' s work shall be deemed to have been accepted. City' s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Contractor' s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 Indemnification" and Section 17 " Insurance."
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor' s guarantees and warranties in Section 9 " Standard of Performance" of this Agreement shall not extend to such use of the maps, models, designs, drawings, 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 3-
18 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 Agreementand to the extent required by laws relatingto 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 availablefor 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 provideddirectly 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 dissolutionor terminationof Contractor's business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors - in -interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. 4-
19 b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor' s exclusive direction and control.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor' s officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor' s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
c) Neither Contractor, nor any of Contractor' s officers, employees, agents or subcontractors shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor' s indemnity obligations in Section 16 " Indemnification" of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, or its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.
SECTION 9. STANDARD OF PERFORMANCE.
Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Task Orders attached hereto in Exhibit " A" that shall also be applicable to Contractor' s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and 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.
5-
20 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 s ce ,., 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 liabilitiesor sanctionsimposed, togetherwith 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. 21 c) City understands and acknowledges that Contractor will perform non - related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered " voluntary" provided Contractor gives City notice of such court order or subpoena.
c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney' s fees, caused by or incurred as a result of Contractor' s conduct.
Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding.
Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
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 7-
22 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.
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.
23 SECTION 18. ASSIGNMENT.
The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor' s duties or obligations under this Agreement without the prior written consent of the City.
Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 " Termination of Agreement." City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor' s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor' s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
a) City may terminate this Agreement, with or without cause, at any time by giving thirty ( 30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. b) Contractor may terminate this Agreement for cause at any time upon thirty 30) days written notice of termination to City.
c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor' s possession shall be returned to City. Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 " Compensation and Method of Payment" of this Agreement.
SECTION 21. DEFAULT.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in WE
24 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: City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: MNS Engineers, Inc.
Attn: Jeff Edwards
3350 Shelby Street, Suite 370
Ontario, CA 91764
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.
10-
25 SECTION 25. AUTHORITY TO EXECUTE.
Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 " Amendment" and the City Manager' s contracting authority under the Eastvale Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager' s contracting authority under Section 4. 06. 050 of the Eastvale Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City's City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City's rights under this Agreement. All other amendments shall be approved by the City Council.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the ESE
26 laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U. S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney' s fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits " A" ( including all subparts of Exhibit " A") and " B", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision( s).
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
12-
27 I, I I-
A =
BryanJ es VbrL
ity nagger
ATTEST:
e-S essi cu
fksst l* Cilerk
APPROVED AS TO FORM
v
Erica Vega
City Attorney
By.
J
Name: James A. Salvit0
Its: President & CEO
NOTE: CONTRACTOR' S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO
CONTRACTOR' S BUSINESS ENTITY. CORPORATIONS AND LLCS
MUST SUBMIT DOCUMENTATION SHOWING THAT THE INDIVIDUAL
SIGNING ON ITS BEHALF HAS THE AUTHORITY TO EXECUTE THIS CONTRACT.
13-
28 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.]
A- 1
29 EXHIBIT " B"
INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise ,from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A. M. Best' s rating of no less than A: VII.
Contractor shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage ( Occurrence Form CG 0001). 2) Automobile. Insurance Services Office form number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, including code 1 " any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. 3) Workers' Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement. 4) Professional Liability. Professional liability insurance appropriate to the Contractor' s profession. This coverage may be written on a " claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three ( 3) consecutive years following the completion of Contractor' s services or the termination of this Agreement.
During this additional three ( 3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:
1) Commercial General Liability. $ 1, 000, 000 general
aggregate for bodily injury, personal injury and property damage. 2) Automobile. $ 1,000, 000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of C- 1
30 not less than $ 2, 000, 000 shall be considered equivalent to the said required minimum limits set forth above.
3) Workers' Compensation. Workers' Compensation as
required by the Labor Code of the State of California of not less than $ 1,000, 000 per occurrence.
4) Professional Liability. $ 1,000, 000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
2. Commercial General Liability and Automobile Liability Coverages. 1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. 2) Contractor' s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Contractor' s insurance. 3) Contractor' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability.
4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation C- 2
31 against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.
C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit " B". The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.
2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor' s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
C- 3
32 Task Order No. 4 (Add Services)
to
On-Call Professional Services Agreement with MNS Engineers, Inc.
A. Contractor will provide the following Services:
33 CITY OF EASTVALE
ACTIVE TRANSPORTATION PROGRAM CYCLE 7
GRANT WRITING
PAGE 1
Project Understanding
MNS understands the City of Eastvale (City) is seeking consultant support to prepare a grant application to the Active Transportation Program (ATP) Cycle 7 to fund the Eastvale Bike Network Connectivity Improvement Project (Project). The Project is identified as one of the priority projects in the City’s Bicycle Master Plan (Plan) and Capital Improvement Program (CIP). The City had previously secured Project funding through ATP Cycle 4, but subsequent public engagement revealed a need to alter the project scope. The City has proceeded with Project design based on the revised scope and will, therefore, seek funding for the construction phase of the project. Design progress and status is presently 30% complete. The Project location includes six schools within its limits. In following the recommendation of California Transportation Commission staff made in the February 22, 2024 Virtual Site Visit meeting, MNS will support the City’s conduct of an additional public engagement effort.
Project Approach
MNS will work closely with City staff to collect and utilize the most up to date and readily available information to formulate the application package in conjunction with the ATP Cycle 7 application requirements. MNS will work with City representatives to confirm the purpose and messaging in the narrative of the grant application .
TASK 1.0 – PROJECT MANAGEMENT
MNS will hold a virtual kick-off meeting with City staff to review the scope and schedule for completing the grant application and to affirm the strategy for developing the application relative to the project funding needs.
MNS will conduct subsequent coordination meetings with City staff as needed. Communication with the City staff will be ongoing to exchange information and provide the City opportunities to review interim draft work products. MNS will coordinate the development of the grant application under the direction of City staff. The MNS Project Manager (PM) will be responsible for project oversight, task assignment, and ongoing budget control.
Deliverables. Agendas and meeting minutes.
TASK 2.0 – INFORMATION COLLECTION
MNS will collect and review information requested at the kick-off meeting as well as information independently researched. MNS will produce, summarize, and organize data for use in responding to ATP Narrative Questions. MNS will analyze collected information and data to demonstrate how the proposed project will address Narrative Questions. Any additional information will be collected from the City after the kick-off meeting through an information request email. MNS understands the City will obtain any needed technical support from its design consultant to provide preliminary plans, the Engineer’s Estimate, and Engineer’s Checklist.
Deliverable. File of Plans, Supporting Documentation, email information request. 34 CITY OF EASTVALE
ACTIVE TRANSPORTATION PROGRAM CYCLE 7
GRANT WRITING
PAGE 2
TASK 3.0 – GRANT APPLICATION PREPARATION
The application will be prepared in accordance with the ATP Cycle 7 Guidelines, forms, and exhibits, and will follow the instructions that pertain to each part of the application. Information will be drawn from collected documents and through collaboration with City staff. MNS will develop narrative responses to the scoring rubric and will analyze numerical data to produce the appropriate metric-based responses. MNS will work closely with City staff to expand the understanding and background behind efforts to date in order to explain the project’s need, tell a compelling story, and fashion a precise and responsive narrrative.
3.1 – Application Part A
MNS will prepare all of the following sections of Part A of the ATP application form:
• Part A1: Applicant Information
• Part A2: General Project Information
• Part A3: Project Type
• Part A4: Project Details
• Part A5: Project Schedule
• Part A6: Project Funding
• Part A7: Screening Criteria
3.2 – Application Part B
MNS will prepare narrative responses to all Part B: Narrative Questions in the ATP application form. The actual narrative questions are unknown at the time of this proposal since drafts of the Cycle 7 guidelines, an Application Guide, and the Application Form have not yet been made available. The level of effort to prepare responses to the narrative questions can, however, be reasonably assumed to be the same. The narrative questions and there associated scoring rubric values are anticipated as follows:
• Question #1 Disadvantaged Communities - A. Map of Project Boundaries • Question #1 Disadvantaged Communities - B. Identification of Disadvantaged Community • Question #1 Disadvantaged Communities - C. Direct Benefit (4 points max) • Question #1 Disadvantaged Communities - D. Project Location (2 points max) • Question #1 Disadvantaged Communities - E. Severity (4 points max) • Question #2 Potential for Increased Walking and Biking - A. Community Issues/Project Benefit/Project Outcome (19 points max)
• Question #2 Potential for Increased Walking and Biking - B. Active Transportation Need (19 points max)
• Question #3: Potential for Reducing Fatalities/Injuries - A. History (10 points max) • Question #3: Potential for Reducing Fatalities/Injuries - B. Safety Countermeasures (10 points max) • Question #4: Public Participation and Planning - A. Planning Process and Alternatives Analysis (3 points max)
• Question #4: Public Participation and Planning - B. Engagement Process (3 points max) • Question #4: Public Participation and Planning - C. Feedback Received (2 points max) • Question #4: Public Participation and Planning - D. Continued Engagement (1 points max) • Question #4: Public Participation and Planning - E. Listed in Active Transportation Plan (1 points max) • Question #5 Context Sensitive Bikeways and Innovative Project Elements (5 points max) • Question #6 Transformative Projects (5 points max)
• Question #7 Scope and Plan Layout Consistency - Layout (4 points max) • Question #7 Scope and Plan Layout Consistency - Estimate (2 points max) • Question #7 Scope and Plan Layout Consistency - Schedule (1 point max) 35 CITY OF EASTVALE
ACTIVE TRANSPORTATION PROGRAM CYCLE 7
GRANT WRITING
PAGE 3
• Question #8 Leveraging Funds (5 points max)
3.3 – Application Attachments
MNS will prepare all required and any additional application attachments as follows:
• Application Signature Page
• Project Location Map
• Plan Scope of Work
• Letters of Support
• Additional Attachments
Deliverable. Completed Draft Final ATP Cycle 7 Grant Application.
TASK 4.0 – PUBLIC ENGAGEMENT SUPPORT
MNS will collaborate with City staff and the City’s design consultant to develop a public engagement survey and produce documentation on both survey deployment and collection and analysis of survey results.
Deliverables. Draft and final survey questions, survey documentation.
TASK 5.0 – FINAL Quality Assurance/Quality Control (QA/QC) AND SUBMITTAL After drafts of the applications are submitted to City staff for review and comment, MNS will incorporate City comments and incorporate the final work product into the ATP application PDF form. The MNS Project Manager will conduct a final QA/QC check of all work products and address any final issues. MNS is prepared to assume responsibility for submittal of the final online application at the City’s direction.
Deliverable. Completed Final ATP Cycle 7 Grant Application for submittal.
TASK 6.0 – POST DEADLINE COMMUNICATIONS WITH CTC
Post-submittal communications between the CTC and applicants can occur after selection of awards for the purpose of obtaining a debrief. MNS will support the City in the debrief by documenting the debrief meeting and providing recommendations on resubmittal of the application.
Deliverables. Meeting notes with recommendation.
Fee Proposal
The proposed fee to provide the aforementioned grant writing services is $39,105 as shown in the enclosed fee proposal table.
36 B. Compensation for the foregoing Services will be as follows:
37 MNS Engineers Fee Proposal
Grant Writing Services
City of Eastvale
ATP Cycle 7 - Large Infrastructure
Senior Project Manager
Senior Grant Writer
Grant Writer
TOTAL RESOURCE HOURS
TOTAL COST
HOURLY RATE $325 $180 $145
TASK 1 - PROJECT MANAGEMENT
1.1 - Meetings and Communications 4.0 4.0 3.0 11.0 $2,455
1.2 - Project Management, Oversight, and Budget Control 4.0 4.0 $1,300 TASK 1 Subtotal $3,755
TASK 2 - INFORMATION COLLECTION
2.1 - Data and Information Gathering 0.5 3.0 6.0 9.5 $1,573 TASK 2 Subtotal $1,573
TASK 3 - GRANT APPLICATION DEVELOPMENT
3.1 - Part A: General Application and Project Information Part A1: Applicant Information 0.5 1.0 1.5 $235
Part A2: General Project Information 0.5 1.0 1.5 $235
Part A3: Project Type 0.5 0.5 $73
Part A4: Project Details 0.5 1.0 1.5 $343
Part A5: Project Schedule 3.0 3.0 $975
Part A6: Project Funding 3.0 2.0 5.0 $1,335
Part A7: Screening Criteria 1.0 1.0 $180
TASK 3.1 Subtotal $3,375
3.2 - Part B: Narrative Questions - Large Infrastructure Question #1 Disadvantaged Communities - A. Map of Project Boundaries 3.0 3.0 $540 Question #1 Disadvantaged Communities - B. Identification of Disadvantaged Community 2.0 4.0 6.0 $940 Question #1 Disadvantaged Communities - C. Direct Benefit (4 points max) 2.0 6.0 6.0 14.0 $2,600 Question #1 Disadvantaged Communities - D. Project Location (2 points max) 6.0 4.0 10.0 $1,660 Question #1 Disadvantaged Communities - E. Severity (4 points max) 1.0 8.0 8.0 17.0 $2,925 Question #2 Potential for Increased Walking and Biking - A. Community Issues/Project Benefit/Project Outcome (19 points max) 1.5 6.0 6.0 13.5 $2,438 Question #2 Potential for Increased Walking and Biking - B. Active Transportation Need (19 points max) 2.0 8.0 12.0 22.0 $3,830 Question #3: Potential for Reducing Fatalities/Injuries - A. History (10 points max) 2.0 8.0 10.0 $2,090 Question #3: Potential for Reducing Fatalities/Injuries - B. Safety Countermeasures (10 points max) 2.0 8.0 10.0 $2,090 Question #4: Public Participation and Planning - A. Planning Process and Alternatives Analysis (3 points max) 5.0 5.0 $725 Question #4: Public Participation and Planning - B. Engagement Process (3 points max) 0.5 4.0 4.5 $883 Question #4: Public Participation and Planning - C. Feedback Received (2 points max) 3.0 3.0 $435 Question #4: Public Participation and Planning - D. Continued Engagement (1 points max) 2.0 2.0 $360 Question #4: Public Participation and Planning - E. Listed in Active Transportation Plan (1 points max) 0.5 0.5 $73 Question #5 Context Sensitive Bikeways and Innovative Project Elements (5 points max) 1.0 4.0 4.0 9.0 $1,625 Question #6 Transformative Projects (5 points max) 0.5 4.0 4.0 8.5 $1,463 Question #7 Scope and Plan Layout Consistency - Layout (4 points max) 0.5 2.0 Question #7 Scope and Plan Layout Consistency - Estimate (2 points max) 0.5 2.0 Question #7 Scope and Plan Layout Consistency - Schedule (1 point max) 0.5 1.0 Question #8 Leveraging Funds (5 points max)
TASK 3.2 Subtotal $24,675
3.3 - Application Attachments
Application Signature Page 1.0 1.0 $145
Project Location Map 2.0 2.0 $290
Project Map 4.0 4.0 $580
Photos of Existing Conditions 2.0 2.0 $360
Letters of Support 0.5 4.0 4.0 8.5 $1,463
Additional Attachments 2.0 2.0 $290
TASK 3.3 Subtotal $3,128
TASK 4 - PUBLIC ENGAGEMENT SUPPORT
4.1 - Public Engagement Support 1.0 4.0 2.0 7.0 $1,335
TASK 4 Subtotal $1,335
TASK 5 - DRAFT AND FINAL QA/QC AND REVISIONS AND SUBMITTAL
5.1 - Draft Application QA/QC 3.0 3.0 $975
5.2 - Final Application QA/QC and Submittal 2.0 2.0 $650 TASK 5 Subtotal $1,625
TASK 6 - POST SUBMITTAL COMMUNICATIONS WITH CTC
6.1 - Post Submittal Communications with CTC 3.0 3.0 $975 TASK 6 Subtotal $975
TOTAL HOURS 38.5 91.0 88.0 211.0
TOTAL COST $12,513 $16,380 $12,760 $39,105
MNS Engineers
38 AGENDA STAFF REPORT
City Council/Eastvale Community Foundation Board Meeting
CONSENT CALENDAR
Agenda Item No. 11.3
March 13, 2024
Planning Commission Appointment
Prepared By:
Marc A. Donohue, City Clerk/Communications Director
Recommended Action(s)
Staff recommends that the City Council approve Mayor Dinco's nomina on of Trinidad Lomeli to the
Planning Commission.
Summary
The Eastvale Planning Commission is a five-member commission comprised of residents appointed by the City Council. The Planning Commissioners term of service runs concurrent with the Councilmember that appointed the Commissioner. The Commission advises the City Council on land use and development issues, taking input and making recommends on the General Plan, zoning ordinance, design standards, and related matters.
Background
Under Sec
on 2.17.020 of the City’s Municipal Code, each Planning Commissioner shall serve a term of two (2) years. During the City Council’s reorganiza on each December, each Councilmember may
choose to reaffirm their appointment, make a new appointment, or direct staff to adver se for a
vacancy. Each term of the Commissioner shall coincide with the City’s regular general elec on date.
If a vacancy occurs otherwise than by expira
on of a term, it shall be filled by appointment for the
unexpired por
on of the term by the individual Councilmember who made the appointment to the seat which is vacant.
In compliance with the Maddy Act, City staff posted a no ce of vacancy outside of City Hall and on
the City's website for a period of 20 days.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
39 Environmental
Not Applicable.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not Applicable.
Fiscal Impact
Planning Commissioners receive a s
pend of $50 per mee
ng a>ended, budget was appropriated
during the fiscal year 2022-23 budget process.
Prior City Council/Commission Action
Former Planning Commissioner Kevin Mensen was appointed to the Planning Commission on December 9, 2020. On February 22, 2024, Kevin Mensen resigned, leaving Mayor Dinco with a vacancy on the Planning Commission.
Attachment(s)
Not Applicable.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
40 AGENDA STAFF REPORT
City Council/Eastvale Community Foundation Board Meeting
CONSENT CALENDAR
Agenda Item No. 11.4
March 13, 2024
New Eastvale City Hall Congressionally Directed Spending Funding Support Letter
Prepared By:
Alexander Fung, Economic Development Manager
Recommended Action(s)
Staff recommends that the City Council approve a le
er suppor ng the submi
al of a FY 2024-2025
$8 million Congressionally Directed Spending Request for the new Eastvale City Hall.
Summary
Formerly known as “earmarks,” Congressionally Directed Spending (CDS) and Community Project Funding (CPF) requests are provisions inserted into a federal appropria on or budget bill that directs funds to a specific recipient for a designated project. In the Senate, this process is known as the CDS procedure. In the House of Representa ves, the process is known as the CPF procedure. Each Senator and Congressmember has a different request submission procedure for funding requests. In the House of Representa ves, each CPF request should not exceed $4 million. In the Senate, there are no limits for each CDS request; however, the amount of the request must be reasonable.
This month, Senator Laphonza Butler began solici ng CDS requests from ci es, community organiza ons, and nonprofits for FY 2024-2025. Towards the end of last month, the Senator’s Office invited staff to submit a CDS request to support the development of the new Eastvale City Hall. It is important to note that staff already submi
ed two CPF requests to Congresswoman Norma Torres’
Office, including a $4 million CPF request to support the construc on of the Eastvale Library and another $4 million CPF request to support the construction of the Eastvale Police Station.
Staff is in the process of preparing to submit an $8 million CDS request to both Senator Laphonza Butler’s Office and Senator Alex Padilla’s Office to support the construc on of the new Eastvale City 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
41 Hall. It is recommended that the City Council approve a le er (A
achment 1) suppor ng this CDS
request to demonstrate support.
Background
The new Eastvale City Hall is part of the Civic Center’s development, which is located at the corner of Hamner Avenue and Limonite Avenue. While the Eastvale City Hall is an eligible CDS project in the Senate, it is not an eligible CPF project in the House of Representa ves; therefore, this request is only being submitted to the two California U.S. Senators.
All CDS requests must show demonstrated evidence of community support via news ar cles, support le
ers, or media stories. Awarded funds must be obligated within 12 months of funding alloca on. The U.S. Senate is an cipated to announce the awarded CDS projects before the end of this year. Should the new Eastvale City Hall be awarded CDS funds, the City can choose to accept or reject the award offer.
Environmental
Pursuant to Sec on 15378 of the California Environmental Quality Act (CEQA) Guidelines, organiza onal or administra ve ac vi es of governments that do not result in direct or indirect physical changes in the environment are not considered as CEQA projects.
Strategic Plan Action - Priority Level: 1
| Target #: E
| Goal #: A
The submission of the CDS request can lead to possible award funds for the new Eastvale City Hall.
This supports the development and construction of a Civic Center in Downtown Eastvale.
Fiscal Impact
The submission of a CDS applica on and the approval of a support le er do not result in direct fiscal
impacts. Should the CDS application be selected for an award, the City can choose to accept or reject the award offer.
Prior City Council/Commission Action
On January 24, 2024, the City Council approved a le
er of support for staff to submit a $4 million
CPF request to support the development of the Eastvale Library and Innova on Center. Addi onally, the City Council approved a le
er of support for staff to submit a $4 million CPF request to support the development of the Eastvale Police Station on February 28, 2024.
Attachment(s)
Attachment 1 - Draft City Council Support Letter
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
42 March 13, 2024
The Honorable Alex Padilla The Honorable Laphonza Butler 331 Hart Senate Office Building 112 Hart Senate Office Building U.S. Senate U.S. Senate
Washington, DC 20510 Washington, DC 20510
RE: SUPPORT FOR THE CITY OF EASTVALE’S $ 8,000,000 CO NGRESSIONALLY DIRECT ED
SPENDING REQUEST FOR THE NEW EASTVALE CITY HALL
Dear Senator Padilla and Senator Butler,
The Eastvale City Council hereby express es our utmost support for the City of Eastvale’s $ 8 million Congressionally Directed Spending (CDS) request to support the construction of the new Eastvale City Hall. The City of Eastvale is in the process of designing its new Civic Center at the corner of Hamner Avenue and Limonite Avenue. The new Civic Center includes a new City Hall, a new Library, and a new Police Station.
As the second youngest city in California, Eastvale currently does not have a permanent City Hall, as its current City Hall is located in a retail tenant space in the Eastvale Gateway Shopping Center. Having a permanent City Hall building in Eastvale can l ead to improved efficiency, increased transparency, long-term cost savings, boosts in community engagement and economic development, increased employee morale and productivity, and enhanced resilience to natural disasters.
The new City Hall will be designed in a way to optimize space for city operations, which allows for better organization and increases overall efficiency in delivering services to residents and businesses.
The new facility will also include additional dedic ated meeting spaces, larger council chambers, and improved technology to broadcast meetings, which promotes transparency and openness in local government activities. While there are upfront costs associated with constructing a permanent City Hall, the City will experience cost savings through energy -efficient designs, reduced maintenance expenses, and the elimination of leasing fees for temporary spaces.
Additionally, the new building encourages community engagement by providing additional spaces for public meetings and events. The construction of the building will also stimulate economic development by attracting businesses that see the commitment to long -term infrastructure.
Furthermore, providing a more comfortable workspace for city employees can boost morale and productivity. This new City Hall also provides an opportunity to incorporate features that enhance resilience to natural disasters, ensuring the continuity of essential services during emergencies.
43 The lack of a permanent City Hall impacts Eastvale residents’ access to resources, quality of life, and sense of community. We hope that you will provide favorable consideration to this request and we sincerely appreciate the Senators for providing an opportunity for the City of Eastvale to submit the CPF request. Questions and inquiries can be directed to the City’s Economic Development Manager, Alexander Fung, at [email protected].
Sincerely,
Christian Dinco Michael McMinn Clint Lorimore
Mayor Mayor Pro Tem Councilmember
Todd Rigby Jocelyn Yow
Councilmember Councilmember
44 AGENDA STAFF REPORT
City Council/Eastvale Community Foundation Board Meeting
CONSENT CALENDAR
Agenda Item No. 11.5
March 13, 2024
Purchase of Three Pool Vehicles for City Staff and Patrol Volunteer Use
Prepared By:
Johnny Terfehr, Community Safety Director
Recommended Action(s)
Staff recommends that the City Council:
1 .
Approve the purchase and up-fi ng of three Plug-In Hybrid Ford Escape vehicles in a total amount not to exceed $165,000; and
2 .
Determine compliance with the formal bidding process is not in the best interest of the City and authorize City staff to u2lize the informal compe22ve bidding process for this purchase and up-fitting; and
3 .
Authorize the City Manager to execute the necessary agreements and purchase orders; Summary
The Fiscal Year 2023/24 budget includes funding for the purchase of three Plug-in Hybrid Ford Escape vehicles. The vehicles will be u2lized by City staff to conduct city business and by City patrol volunteers during high ac2vity 2mes. The vehicles will be equipped with City branding, a light bar in the rear window, and miscellaneous supplies for volunteers.
Background
Currently, the City does not have any pool vehicles available for office staff to conduct City business.
Office staff o;en a<end mee2ngs and conduct City business with the community and businesses at various loca2ons. Staff have used their personal vehicles for these purposes and received mileage reimbursement. As the City con2nues to mature, the addi2on of a small fleet of pool vehicles will 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
45 provide non-field staff with the transporta2on resources needed to provide con2nued quality services to the community. The vehicles will also be u2lized by City patrol volunteers during high activity times such as weekends, nights, holidays, and summer months.
The Community Safety Department recommends three Plug-In Hybrid Ford Escape vehicles which will provide sufficient cab room and space in the rear for small tools and equipment. The purchase of the pool vehicles supports the City’s strategic Plan, Target G - Goal C, which seeks to ‘iden2fy and recommend tools necessary for op2mal employee performance.’ A reserva2on system will be created to manage vehicle use and ensure access to vehicles by staff during working hours and volunteers after hours.
With City Council approval, the vehicles will be purchased u2lizing funds from the Assembly Bill 2766 Subven2on Fund Program which provides funding to ci2es and coun2es for the purchase of clean vehicles and development of clean transporta2on programs. A preliminary cost es2mate of the recommended vehicle is a<ached with addi2onal detail. Due to the nature of vehicle purchasing and the current new and used vehicle market, staff is reques2ng City Council approve the u2liza2on of the informal compe22ve bidding process (4.06.060) rather than the formal bidding process (4.06.070) for procuring these vehicles and associated equipment. Sec2on 4.06.080 (i) allows for an exemp2on from the formal bidding process when "The city council determines compliance with the bidding procedures is not in the best interest of the city."
Currently, there are no vehicles with the required specifica2ons available for order through the coopera2ve purchasing agreement process previously used by the City. Future vehicle availability and manufacturing 2melines are undetermined. Addi2onally, although vehicles with the required specifica2ons are available in the local new and used market, requiring dealers to adhere to the City's formal bidding process is likely to result in few submi<als and/or submi<als with quotes higher than market value. Using the compe22ve informal bidding process (4.06.060), will allow staff to solicit informal quotes from dealers across southern California who are expected to have the desired vehicle in stock. The vehicle purchase will be awarded to the lowest responsive vendor. The same process will be used for vehicle up-fitting.
Environmental
Not applicable.
Strategic Plan Action - Priority Level: N/A
| Target #: G
| Goal #: C
The purchase of pool vehicles supports the strategic plan goal to iden2fy and recommend tools necessary for optimal employee performance (Target G, Goal C).
Fiscal Impact
The fiscal year 2023/24 budget includes adequate appropria2ons for the vehicle purchase in the Air Quality Management District Fund, vehicle expenditures account number 220-330-6610-95003- 0000. The use of these funds does not impact the General Fund.
Ongoing vehicle maintenance costs would be managed by the Community Safety Department and are currently budgeted in the General Fund, vehicle opera2ons account number 100-330-6330 and would be approximately $1,000 annually per vehicle. Fuel and charging costs are currently budgeted in general fund, vehicle opera2ons account number 100-330-6330 and would be approximately 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
46 $2,500 annually annually per vehicle.
Prior City Council/Commission Action
Not applicable.
Attachment(s)
Attachment - Sample Quote - Plug In Hybrid Ford Escape
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
47 1/2/24, 10:53 AM Escape | Build & Price | Shop.ford.com https://shop.ford.com/configure/escape/config/paint/Config[%7CFord%7CEscape%7C2024%7C1%7C1.%7C...PAZ...89W.PHEV.]?intcmp=moddetails-… 1/9 Digitally generated image shown. Actual vehicle may vary. See dealer for details.
PAINT
COLOR
Star White Metallic Tri-coat | $995
2024 Escape
PLUG-IN HYBRID
S4
SUMMARY
$43,635
ESTIMATED NET PRICE S5
$598
PER MONTH FOR 48 MONTH LEASE S6
48 1/2/24, 10:53 AM Escape | Build & Price | Shop.ford.com https://shop.ford.com/configure/escape/config/paint/Config[%7CFord%7CEscape%7C2024%7C1%7C1.%7C...PAZ...89W.PHEV.]?intcmp=moddetails-… 2/949 1/2/24, 10:53 AM Escape | Build & Price | Shop.ford.com https://shop.ford.com/configure/escape/config/paint/Config[%7CFord%7CEscape%7C2024%7C1%7C1.%7C...PAZ...89W.PHEV.]?intcmp=moddetails-… 3/9 PAINT S4
Star White Metallic Tri-coat $995
POWERTRAINS S4
2.5L iVCT Atkinson Cycle I-4 Hybrid Engine $0
Front-Wheel Drive $0
PACKAGES S4
Plug-In Hybrid (700A) $0
Digitally generated image shown. Actual vehicle may vary. See dealer for details. 50 1/2/24, 10:53 AM Escape | Build & Price | Shop.ford.com https://shop.ford.com/configure/escape/config/paint/Config[%7CFord%7CEscape%7C2024%7C1%7C1.%7C...PAZ...89W.PHEV.]?intcmp=moddetails-… 4/9 EXTERIOR S4
18” Machined-face Magnetic Aluminum with Painted Pockets $0 225/60R18 All Season (A/S) BSW $0
Power Liftgate $0
Privacy Glass – Second Row Side and Liftgate $0
Black Roof-Rack Rails $0
Mirrors, Sideview - Heated $0
Neutral Towing Capability $0
Remote Start System $0
Electronic Fuel Door Release $0
Intelligent Adaptive Cruise Control $0
Digitally generated image shown. Actual vehicle may vary. See dealer for details. 51 1/2/24, 10:53 AM Escape | Build & Price | Shop.ford.com https://shop.ford.com/configure/escape/config/paint/Config[%7CFord%7CEscape%7C2024%7C1%7C1.%7C...PAZ...89W.PHEV.]?intcmp=moddetails-… 5/9 52 1/2/24, 10:53 AM Escape | Build & Price | Shop.ford.com https://shop.ford.com/configure/escape/config/paint/Config[%7CFord%7CEscape%7C2024%7C1%7C1.%7C...PAZ...89W.PHEV.]?intcmp=moddetails-… 6/9 INTERIOR S4
Space Gray $0
Partial Vinyl and Cloth $0
Dual-Zone Electronic Automatic Temperature Control (DEATC) $0 Carpeted Front and Rear Floor Mats $0
Heated Front Row Seats $0
8-Way Power Driver Seat $0
Mini Spare Wheel - 17" Mini Steel $0
Evasive Steering Assist $0
Premium Wrapped Steering Wheel $0
Heated Steering Wheel $0
Pedestrian Alert Sounder $0
13.2" LCD Capacitive Touchscreen with Swipe Capability $0 Lane Centering Assist $0
Digital Rear View Camera $0
AM/FM Stereo with 6 Speakers, SYNC® 4 with Enhanced Voice Recognition, and SiriusXM® Radio
$0
SYNC® 4 with Enhanced Voice Recognition $0
Connected Navigation $0
SiriusXM® with 360L $0
53 1/2/24, 10:53 AM Escape | Build & Price | Shop.ford.com https://shop.ford.com/configure/escape/config/paint/Config[%7CFord%7CEscape%7C2024%7C1%7C1.%7C...PAZ...89W.PHEV.]?intcmp=moddetails-… 7/9 Aaron Ford of
Escondido
4.47 miles away
(442) 277-0162
Disclosures
Note.
Information is provided on an "as is" basis and could include technical, typographical or other errors. Ford makes no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Site, the information, materials, content, availability, and products. Ford reserves the right to change product specifications, pricing and equipment at any time without incurring obligations. Your Ford dealer is the best source of the most up-to- date information on Ford vehicles.
Disclosures through S18 apply to Search Dealer Inventory, Request A Quote, Get An Internet Price, Get A Quote, Let Us Find It For You, Build & Price and Incentives & Offers.
S1.
Manufacturer’s Suggested Retail Price (also referred to as “MSRP”, “Base MSRP”, “Base Price” or the “Starting At” price), excludes destination/delivery charge, taxes, title, license, and registration and/or electronic filing fees, dealer fees, and total of options.
For authenticated AXZ Plan customers, the price displayed may represent Plan pricing. Not all AXZ Plan customers will qualify for the Plan pricing shown and not all offers or incentives are available to AXZ Plan customers.
PRICING SUMMARY
Lease based on $4,299 down payment,
48 month term and 10,500 mileage, $0 trade-in-value
BASE MSRPS1 $40,500
OPTIONSS4 + $995
ACCESSORIESS8 + $0
DESTINATION CHARGESS17 + $1,495
ACQUISITION FEE S18 + $645
TOTAL MSRPS16 = $43,635
ESTIMATED NET PRICES5 = $43,635
MONTHLY PAYMENTS6 $598
92027
Your Configuration: 2024 Ford Escape Plug-in Hybrid, 2.5L iVCT Atkinson Cycle I-4 Hybrid Engine, Front-Wheel Drive, eCVTTransmissionPricing shown for Zip code 92027 as of January 02, 2024 S2 54 1/2/24, 10:53 AM Escape | Build & Price | Shop.ford.com https://shop.ford.com/configure/escape/config/paint/Config[%7CFord%7CEscape%7C2024%7C1%7C1.%7C...PAZ...89W.PHEV.]?intcmp=moddetails-… 8/9 S2.
Images shown are for information purposes only, and may not necessarily represent the configurable options selected or available on the vehicle. We cannot be responsible for typographical or other errors, including data transmission, display, or software errors, that may appear on the site.
S3.
Offers shown may not be available to all customers. Incentives lists are examples of offers available at the time of posting and are subject to change and expiration. Not all incentives can be redeemed together. To take advantage of rebates, incentives and/or financing offers you must take new retail delivery from dealer stock by the expiration date noted. Not all buyers will qualify for Ford Credit financing or other offers. Restrictions apply. See your local dealer for complete details.
S4.
The Option Package price and monthly payment displayed is for illustration purposes, only. Prices and monthly payments may vary based on features included in package, financing terms and availability. Some Options are not available separately. Not all Options or Option Packages are available on all vehicles. See your local dealer for details.
S5.
Estimated Net Price is the Total Manufacturer's Suggested Retail Price ("Total MSRP") minus any available offers and/or incentives.
Incentives may vary. Excludes taxes, title, and registration fees. For authenticated AXZ Plan customers, the price displayed may represent Plan pricing. Not all AXZ Plan customers will qualify for the Plan pricing shown and not all offers or incentives are available to AXZ Plan customers.
S6.
The payment estimator will calculate a monthly payment based on the MSRP of the vehicle you have configured, including the dealer-installed accessories. For authenticated AXZ Plan customers, the price displayed may represent Plan pricing. Not all AXZ Plan customers will qualify for the Plan pricing shown. Actual monthly payment is based on a variety of factors, including differing financing or leasing terms, accessory prices and installation costs. Financing payment calculations are estimates only, and are based on amount of down payment, APR and term. Lease payment calculations are estimates only, and are based on an annual mileage calculation determined by your dealer. A charge is assessed for any mileage driven that exceeds this limit. Lessee is responsible for $395 lease Disposition Fee in select states. Not all buyers will qualify for financing or a lease. Contact your local Ford or Lincoln Dealer for details.
S7.
While dealer inventory is generally updated on a daily basis, there are no guarantees that the inventory shown will be available at the dealership. Mid-model-year manufacturing changes, as well as dealer-added accessories on the actual vehicle may differ from the options and features listed. Vehicles that are identified as 'Exact Matches' may have a different price or different features not represented on the site. We make every effort to provide you with the most accurate, up-to-date information, however, only your local Ford dealer can provide you with information regarding actual vehicle availability.
S8.
Dealer Accessories are defined as items that do not appear on the factory window sticker that are installed by a Ford or Lincoln Dealers. Actual Prices for all accessories may vary and depend upon your dealer. Prices DO NOT include installation or painting, which may be required for particular items. Please check with your authorized dealer for complete pricing accuracy for all accessories and parts.
Genuine Ford Accessories will be warranted for whichever provides you the greatest benefit: 12 months or 12,000 miles (whichever occurs first) or the remainder of your Bumper-to-Bumper 3-year/36,000-mile New Vehicles Warranty. Contact your local Ford, Lincoln or Mercury dealer for details and a copy of the limited warranty.
Ford Licensed Accessories (FLA) are warranted by the accessories manufacturer's warranty. Contact your Ford, Lincoln or Mercury Dealer for details regarding the manufacturer's limited warranty and/or a copy of the FLA product limited warranty offered by the accessory manufacturer.
Most Ford Racing Performance Parts are sold with no warranty. Ford Racing Performance Parts are sold "As Is", "With All Faults", "As They Stand" and without any express warranty whatsoever, unless otherwise expressly designated herein. To determine which parts come with a warranty from the original manufacturer, or from Ford Racing, please contact the Ford Racing Techline at (800) FORD788.
S9.
The “Trade-In Value” of your vehicle is an estimate, only, and many factors that cannot be assessed without a physical inspection of the vehicle may affect actual value. For purposes of this website, we use the services of a third-party vendor to provide Trade-In Value calculations. While we believe this information is reliable, we are not responsible for and do not guarantee the accuracy or reliability of the information. Please see your local Ford dealer for information regarding actual trade-in availability and value. 55 1/2/24, 10:53 AM Escape | Build & Price | Shop.ford.com https://shop.ford.com/configure/escape/config/paint/Config[%7CFord%7CEscape%7C2024%7C1%7C1.%7C...PAZ...89W.PHEV.]?intcmp=moddetails-… 9/9 S10.
AXZ Plan pricing, including AXZ Plan option pricing, is exclusively for eligible Ford Motor Company employees, friends and family- members of eligible employees, and Ford Motor Company eligible partners. Restrictions apply. See your Ford or Lincoln dealer for complete details and qualifications. Ford Motor Company reserves the right to modify the terms of AXZ Plan pricing or availability at any time. Some dealers may also chose not to participate in plan pricing Contact your local dealer to determine final pricing.
S11.
EPA estimated city/highway mpg based on base engine/transmission configuration. Actual mileage will vary.
S12.
Towing - Properly equipped.
S13.
For Dealer Ordered vehicles, the vehicle has already been ordered by the dealer and is in the process of being manufactured by the factory. If you are interested in the vehicle marked “Dealer Ordered”, contact the dealership for a delivery estimate.
S14.
The "estimated selling price" is for estimation purposes only and the figures presented do not represent an offer that can be accepted by you. See your local dealer for vehicle availability and actual price. The Estimated Selling Price shown is the Base MSRP plus destination charges and total of options, but does not include service contracts, insurance or any outstanding prior credit balance.
Does not include tax, title or registration fees. It also includes the acquisition fee. For Commercial Lease product, upfit amounts are included.
The "estimated capitalized cost" is for estimation purposes only and the figures presented do not represent an offer that can be accepted by you. See your local dealer for vehicle availability, actual price, and financing options. Estimated Capitalized Cost shown is the Base MSRP plus destination charges and total of options, but does not include service contracts, insurance or any outstanding prior credit balance. Does not include tax, title or registration fees. It also includes the acquisition fee. For Commercial Lease product, upfit amounts are included.
S15.
The "amount financed" is for estimation purposes only and the figures presented do not represent an offer that can be accepted by you. See your local dealer for vehicle availability, actual price, and financing options. Estimated Amount Financed is the amount used to determine the Estimated Monthly Payment. It is equal to the Estimated Selling Price of the vehicle less Down Payment, Available Incentives and Net Trade-in Amount.
The "adjusted capitalized cost" is for estimation purposes only and the figures presented do not represent an offer that can be accepted by you. See your local dealer for vehicle availability, actual price, and financing options. Estimated Adjusted Capitalized Cost is the amount used to determine the Estimated Monthly Payment. It is equal to the Estimated Capitalized Cost less Down Payment, Available Incentives, and Net Trade-in Amount.
S16.
Total MSRP is Base MSRP plus options, destination and delivery charges. Excludes taxes, title, and registration fees.
S17.
Destination Charges are associated with getting the vehicle from the manufacturer to the dealership. Prices listed are MSRP and are based on information updated on this website from time to time.
S18.
Acquisition Fee is a charge paid by the lessee to Ford Credit to help cover the cost of acquiring and servicing the account.
Note2.
For Manufacturer Specific Disclosures See Below
1. Starting MSRP excludes destination/delivery charge, taxes, title and registration. Optional equipment not included. Starting A, Z and X Plan price is for qualified, eligible customers and excludes document fee, destination/delivery charge, taxes, title and registration.
Not all vehicles qualify for A, Z or X Plan. All Mustang Shelby GT350 and Shelby GT350R prices exclude gas guzzler tax.
2. EPA-estimated city/hwy mpg. See fueleconomy.gov for fuel economy of other engine/transmission combinations. Actual mileage will vary. MPGe is the EPA equivalent measure of gasoline fuel efficiency for electric mode operation. 56 AGENDA STAFF REPORT
City Council/Eastvale Community Foundation Board Meeting
EASTVALE COMMUNITY FOUNDATION BOARD CONSENT CALENDAR
Agenda Item No. 19.1
March 13, 2024
Dissolution of the Eastvale Community Foundation
Prepared By:
Erica Vega, City Attorney
Recommended Action(s)
Staff recommends that the City Council, sing as the Board of the Eastvale Community Founda on,
vote to dissolve the Eastvale Community Founda
on, authorize all Board members to execute any
documents required to effectuate the dissolu
on, and authorize the Execu
ve Director and
Secretary of the Founda
on to take all ac
ons necessary to wind up the affairs of the Founda
on
and complete the dissolu
on process. It is further recommended that the Board direct any assets of the Foundation remaining after dissolution be transferred to the City's General Fund.
Summary
The ECF has not operated for many years, but was never formally dissolved. By vo ng to dissolve the
ECF, it will relieve City staff of the obliga
on to con
nue to make annual tax and Secretary of State
filings on behalf of the ECF and allow the ECF's remaining assets to be put to produc ve use by the
City.
Background
The City Council took the ini
al step to dissolve the Eastvale Community Founda
on (ECF) at its
September 13, 2023 mee
ng by appoin
ng itself to serve as the Board of the Founda
on and
direc
ng that a Board mee
ng be called to complete the dissolu
on process. In the
me since then,
City staff has brought the ECF's annual filings with the Secretary of State up to date and taken the steps necessary to gain access to the ECF's bank account. The ECF's affairs are now in a posi on
where if dissolu
on is direc
on it can be achieved rela
vely expedi
ously. The ECF has no debts or
liabilities, and few assets.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
57 The Bylaws of the ECF allow the assets of the ECF to be distributed to the City for expenditure for public purposes upon dissolu
on. The Bylaws also allow the assets to be distributed to qualified 501(c)(3) organiza
ons providing services within the community. The recommenda on is that the
funds be distributed to the City for expediency and ease of administra on. If the Council is
interested in providing funds to nonprofit organiza
ons, it would be more efficient to do that
through a City-administered grant program.
Environmental
The dissolu
on of the ECF is not a project subject to review under the California Environmental Quality Act.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.
Fiscal Impact
The ECF currently has $16,276.91 in its bank account. Costs associated with the dissolu on will be
paid for from this amount, and the remaining balance will be transferred to the City's General Fund.
Prior City Council/Commission Action
September 13, 2023 - voted to appoint the City Council as the Board of the ECF and directed that a Board meeting be called to dissolve the ECF.
Attachment(s)
Not Applicable.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
58