Eastvale City Council
September 25, 2024

PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Civic Center Project (Phase 1)
PROJECT DESCRIPTION: A design build project to construct a Phase 1 of the Civic Center Project, which includes approximately 52,000 square foot City Hall, a 25,000 square foot library, a 20,000 square foot police station with a park and a civic plaza.

PROJECT STATUS: In Design – Engineering: 50% Construction Document was delivered on June 28, 2024.

PROJECT SCHEDULE:
• 90% Construction Document will be tentatively delivered on September 20, 2024.

PROJECT RENDERING:

388

EASTVALE PUBLIC WORKS

PROJECT UPDATES

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

PROJECT STATUS: In Construction: bridge deck was poured, and barrier rail and pilasters have been formed and poured.

PROJECT SCHEDULE: Construction activities began on September 5, 2023 with a construction duration of 260 working days.

PROJECT MAP:

Proposed Limonite Ave Bridge
389

EASTVALE PUBLIC WORKS

PROJECT UPDATES

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

PROJECT STATUS: In Design – Engineering: Design contract was awarded to Mark Thomas. Topographic Design Survey was completed, and non- infrastructure component of the project (phase 2) which includes public education and engagement has started.

PROJECT SCHEDULE: 75% PS&E (phase 3) will be tentatively delivered on January 1, 2025.

PROJECT MAP:

390

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Limonite Gap Pedestrian Bridge
PROJECT DESCRIPTION: Project will design and install a prefabricated steel fabricated bridge over Cucamonga Creek Channel to close the gap of pedestrian path within the SCE easement.

PROJECT STATUS: : In Design – Engineering: Design contract was awarded to TYLin on April 10, 2024, and a notice to proceed was issued.

PROJECT SCHEDULE: 100% PS&E is anticipated to be delivered by June 2025.

PROJECT MAP:

391

EASTVALE PUBLIC WORKS

PROJECT UPDATES

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

PROJECT STATUS: In Construction: the Contractor successfully installed the new video detection system at all 16 intersections. A final field walk will be conducted to ensure the performance of the new system, and a punchlist will be created and issued to the contractor as needed.

PROJECT SCHEDULE: The construction is substantially completed.

PROJECT IMAGE:

392

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Median Improvement Projects at River Rd, Cantu Galleano Rd, and Archibald Ave
PROJECT DESCRIPTION: Project will Install landscaped raised medians at River Rd, Cantu Galleano Rd, and Archibald Ave to physically separate opposing traffic streams and help stop vehicles traveling into opposing traffic lanes.

PROJECT STATUS: In Design-Engineering: Plan, Specifications, and Estimate (PS&E) are being developed.

PROJECT SCHEDULE: The final PS&E will be tentitavely delivered on September 11, 2024.

Once the final PS&E is ready, the construction bid will be published to procure a contractor to perform the work.

PROJECT IMAGE:

393

EASTVALE PUBLIC WORKS

PROJECT UPDATES

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

PROJECT STATUS: In Progress: Professional Services Agreement was signed with Bureau Veritas Technical Assessment. Draft ADA Transition Plan is anticipated to be delivered by September 2024 for public review.

394

EASTVALE PUBLIC WORKS

PROJECT UPDATES

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

PROJECT STATUS: • Installation of new transmission poles is completed. • Existing poles were removed mid-July, allowing the Developers to start coordinating their construction schedules.
• Widening and street improvements started on Septemb er 11, 2023 with an anticipated completion by Summer 2024.

PROJECT MAP:

LIMONITE AVE

ARCHIBALD AVE
395

EASTVALE PUBLIC WORKS

PROJECT UPDATES

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

PROJECT STATUS: Onsite and offsite improvements complete Developer is also responsible for improvements along Archibald Avenue which are currently in the final stages of approval.

PROJECT MAP:

ARCHIBALD AVE

LIMONITE AVE
396

EASTVALE PUBLIC WORKS

PROJECT UPDATES

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

PROJECT STATUS: Onsite and offsite improvements have been completed, the City and Developer are working together to close out the project.

PROJECT MAP:

CUCAMONGA CREEK

HELLMAN AVE
397

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Commercial Development
PROJECT NAME: Homestead
PROJECT NUMBER: PW20-10052
PROJECT LOCATION: Northwest corner of Limonite Avenue and Archibald Avenue PROJECT DESCRIPTION: Improvements include 55.86 gross acres consisting of six industrial buildings
PROJECT STATUS: Onsite improvements complete
Developer is also responsible for improvements along Archibald Avenue which are currently underway and in the final stages of approval.

PROJECT MAP:

LIMONITE AVE

ARCHIBALD AVE
398

EASTVALE PUBLIC WORKS

PROJECT UPDATES

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

PROJECT STATUS:

Phase 2 has begun, and the improvements will include the widening of Archibald Ave.

Street widening is in the final stages of approval.

PROJECT MAP:

399

EASTVALE PUBLIC WORKS

PROJECT UPDATES

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

PROJECT STATUS: Onsite improvement ongoing
Chipotle has applied for entitlement.

PROJECT MAP:

HAMNER AVE
400

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Commercial Development
PROJECT NAME: The Ranch (Parcel 14)
PROJECT NUMBER: PW20-10007
PROJECT LOCATION: East of Limonite Avenue west of the Cucamonga Creek PROJECT DESCRIPTION: Improvements include the development of 61,000 square foot industrial building.

PROJECT STATUS: Developer has received TCO and Developer is working on closing out the project.

PROJECT MAP:

CUCAMONGA CREEK
401

EASTVALE PUBLIC WORKS

PROJECT UPDATES

PROJECT TYPE: Residential Development
PROJECT NAME: Eastwalk/ Leal
PROJECT NUMBER: PW22-1004
PROJECT LOCATION: Northwest corner of Limonite Avenue and Hamner Avenue PROJECT DESCRIPTION: 158.6 acre development that will include approximately 2500 residential units as well as plans for future commercial development PROJECT STATUS: Developer has obtained precise grading, street, sewer and water, and building permits.

Model homes anticipated to be open in September.

PROJECT MAP:

HAMNER AVENUE

SCHOLAR WAY
58 TH STREET

LIMONITE AVENUE
402

AGENCY GRANT NAME PROJECT NAME GRANT AWARD MATCH DUE DATE STATUS California Transportation
Commission/California
Department of Transportation
ATP: Active Transportation Project Cycle 4 Improveme nt of Bike Network Connectivity $ 6,471,000.0 0 $ 1,620,000.00 Grant request has been
approved. The project is
currently under design.

California Transportation
Commission/California
Department of Transportation
LPP: Local Partnership Program Limonite Gap Closure Project 9,475,000.00 $ - $ Grant request has been
approved. Allocation for
construction funds was
requested and approved.

California Department of
Transportation
HSIP: Highway Safety Improvement
Program Cycle 10
Advanced Dilemma Zone Detection
712,800.00 $ - $ CON allocation was approved.

The project is under construction.

USDOT: Department of
Transportation
Congressman Calvert: 2023 Transportation
and Infrastructure Appropriations Bill Limonite Gap Pedistrian Bridge 1,600,000.00 $ 400,000.00 $ California Department of
Resources Recycling and
Recovery CalRecycle Rubberized Pavement (TRP)
Grant Program (TRP16-23-0047) Annual Overlay/Residen tial Slurry Seal Project 170,586.00 $ April 1, 2026 Riverside County
Transportation Commission
2023 Western Riverside County Regional
Arterials Limonite Gap Closure 13,500,000.00 $ $ 13,500,000.00

PUBLIC WORKS GRANTS SUMMARY

GRANTS AWARDED
403

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.7
September 25, 2024
City of Eastvale Crime Statistics – July 2024
Prepared By:

Johnny Terfehr, Community Safety Director
Recommended Action(s)
Staff recommends that the City Council receive and file the Eastvale Crime Statistics for July 2024.

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

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

Upon receiving the data, the Riverside County Sheriff’s Department advised staff that the data provided would be reflec%ve of the previous month, or thirty days behind the current month; and that the report would need to include a disclaimer iden%fying the data as preliminary and raw. At the July 26, 2017 mee%ng, City Council recommended that staff add columns reflec%ve of felony and misdemeanor arrests. During the September 26, 2017 mee%ng, City Council recommended staff add traffic viola%ons/cita%ons data and the total calls for service broken down per month. Crime 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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sta%s%cs that were released in the %me that passed since the last mee%ng of the City Council are attached.

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

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

Fiscal Impact
Not applicable.

Prior City Council/Commission Action
On July 25, 2017, the Public Safety Commission approved the receival of a monthly crime sta%s%cs report.

On July 26, 2017, the City Council approved the receival of a monthly crime sta%s%cs report and requested columns reflective of felony and misdemeanor arrests.

On September 26, 2017, the City Council recommended that the report include traffic viola%ons and citations data.

Attachment(s)
Attachment - Eastvale Crime Statistics Report July 2024

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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PART I CRIMES MAY 2023 MAY 2024 JUN 2023 JUN 2024 JUL 2023 JUL 2024 YTD-2023 YTD-2024 Homicide 0 0 0 0 0 0 0 0
Arson 0 0 0 0 0 0 3 1
Aggravated Assault 20 5 19 7 14 14 150 102
Burglary 20 6 8 11 19 14 141 71
Larceny Theft 128 56 92 101 81 79 933 580
Rape 2 1 0 4 0 1 11 11
Robbery 2 2 5 1 2 3 30 17
Vehicle Theft 41 11 23 11 14 7 197 72
Total Part I Crimes 213 81 147 135 130 118 1,465 854
PART I CRIME MAY 2023 MAY 2024 JUN 2023 JUN 2024 JUL 2023 JUL 2024 YTD-2023 YTD-2024 Homicide 0 0 0 0 0 0 0 0
Rape 2 1 0 4 0 1 11 11
Robbery 2 2 5 1 2 3 30 17
Aggravated Assault 20 5 19 7 14 14 150 102
Arson 0 0 0 0 0 0 3 1
Total Violent Crimes 24 8 24 12 16 18 194 131
PROPERTY CRIMES MAY 2023 MAY 2024 JUN 2023 JUN 2024 JUL 2023 JUL 2024 YTD-2023 YTD-2024 Burglary 20 6 8 11 19 14 141 71
Vehicle Theft 41 11 23 11 14 7 197 72
Larceny Theft 128 56 92 101 81 79 933 400
Mail Theft 3 8 4 9 6 9 59 64
Total Property Crimes 192 81 127 132 120 109 1,330 607
MAY 2023 MAY 2024 JUN 2023 JUN 2024 JUL 2023 JUL 2024 YTD-2023 YTD-2024 2,056 2,564 2,100 2,375 2,328 2,180 25,867 16,176
CHARGE LEVEL MAY 2023 MAY 2024 JUN 2023 JUN 2024 JUL 2023 JUL 2024 YTD-2023 YTD-2024 Felony Arrests 12 16 13 4 13 21 206 89
Misdemeanor Arrests 22 45 22 29 22 27 352 212
Total Arrests 34 61 35 33 35 48 558 301

TOTAL ARRESTS
DISCLAIMER: This report's crime data figures are preliminary and pending year-end verification by CA-DOJ and the FBI. All crime data is derived from the Riverside Sheriff's Records Management System (RMS) and is current as of the date of publishing. The Crime data is dynamic and can change based on a change in crime verification or how fast reports are written and entered.

CITY OF EASTVALE
Crime Data & Statistics
90-Day / Year-Over-Year
TOTAL PART I CRIMES | 90-Day / Year-Over-Year
TOTAL VIOLENT CRIMES | 90-Day / Year-Over-Year
TOTAL PROPERTY CRIMES | 90-Day / Year-Over-Year
CALLS FOR SERVICE 90-Day / Year-Over-Year

406

PART I CRIMES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Homicide 0 0 0 0 0 0 0 0
Arson 1 0 0 0 0 0 0 1
Aggravated Assault 17 21 20 18 5 7 14 102
Burglary 9 11 13 7 6 11 14 71
Larceny Theft 67 105 92 80 56 101 79 580
Rape 3 0 2 0 1 4 1 11
Robbery 0 5 3 3 2 1 3 17
Vehicle Theft 10 9 12 12 11 11 7 72
Total Crime 107 151 142 120 81 135 118 854

PART I CRIME JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Homicide 0 0 0 0 0 0 0 0
Rape 3 0 2 0 1 4 1 11
Robbery 0 5 3 3 2 1 3 17
Aggravated Assault 17 21 20 18 5 7 14 102
Arson 1 0 0 0 0 0 0 1
Total Crime 21 26 25 21 8 12 18 131

PROPERTY CRIMES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Burglary 9 11 13 7 6 11 14 71
Vehicle Theft 10 9 12 12 11 11 7 72
Larceny Theft 67 105 92 80 56 101 79 580
Mail Theft 7 11 14 15 8 9 0 64
Total Crime 93 136 131 114 81 132 100 787

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD
2,231 2,041 2,384 2,401 2,564 2,375 2,180 16,176

CHARGE LEVEL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Felony Arrests 15 11 12 10 16 4 21 89
Misdemeanor 38 22 29 22 45 29 27 212
Total Arrests 53 33 41 32 61 33 48 301

CITY OF EASTVALE
Crime Data & Statistics
CY-2024

TOTAL ARRESTS

TOTAL VIOLENT CRIMES

TOTAL PART I CRIMES

TOTAL PROPERTY CRIMES

CALLS FOR SERVICE
DISCLAIMER: This report's crime data figures are preliminary and pending year-end verification by CA-DOJ and the FBI. All crime data is derived from the Riverside Sheriff's Records Management System (RMS) and is current as of the date of publishing. The Crime data is dynamic and can change based on a change in crime verification or how fast reports are written and entered.

407

TRAFFIC COLLISIONS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD T/C – No Injury 34 35 48 47 29 23 30 246
T/C – w/ Injury 8 5 6 8 14 10 7 58
T/C – Fatality 0 0 0 0 0 0 1 1 Hit & Run – No Injury 5 6 7 5 6 8 7 44
Hit & Run – w/ Injury 0 0 1 0 1 2 1 5
Total Collisions 47 46 62 60 50 43 46 354

TRAFFIC CITATIONS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Parking 144 154 232 151 118 201 138 1138 Traffic / Moving 417 279 299 305 502 302 189 2,293
Commercial 101 159 215 276 143 204 179 1277
Total Citations 662 592 746 732 763 707 506 4,708

TRAFFIC INCIDENTS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD DUI (Arrests/Cites) 3 5 4 7 9 5 4 37
Street Racing (VC 23103) 10 12 16 20 17 13 14 102

CITY OF EASTVALE
Traffic Enforcement Statistics
CY-2024

TOTAL TRAFFIC COLLISIONS

TOTAL TRAFFIC CITATIONS

TRAFFIC ENFORCEMENT ACTIVITY
DISCLAIMER: This report's crime data figures are preliminary and pending year-end verification by CA-DOJ and the FBI. All crime data is derived from the Riverside Sheriff's Records Management System (RMS) and is current as of the date of publishing. The Crime data is dynamic and can change based on a change in crime verification or how fast reports are written and entered.

408

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.8
September 25, 2024
Award of Contracts for On-Call Consul-ng for Community Safety Department Services
Prepared By:

Richard Hicks, Building Official
Recommended Action(s)
Staff recommends that the City Council:

1 .

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

Authorize the City Manager to execute agreements and any necessary documents for on-call professional services with the recommended consultants for one (1) three-year period with the ability to renew for two (2) one-year extensions in the amount not-to-exceed $1,018,600.00 per contract.

Summary
The Community Safety Department u1lizes on-call vendors for building safety services such as plan checks, inspec1ons, and staffing. To ensure the pricing of on-call vendors is in alignment with the user fee schedule and valua1on-based permit fee structure approved in January 2024, the Community Safety Department issued a request for proposals (RFP) for on-call building safety services.

The following firms were selected by City staff based on the exper1se and experience of the firm and the proposed personnel outlined in the submi:ed proposals as well as on compliance with RFP requirements. Staff recommends entering into agreements for on-call professional consul1ng services with the following firms: BPR Consul1ng Group, JAS Pacific, True North, VCA Code, and 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Willdan.

If approved, the City will enter into three-year agreements with the selected vendors for an amount not to exceed $1,018,600.00 per agreement. Each agreement will also provide the op1on to extend the term two 1mes for one addi1onal year each 1me, resul1ng in a poten1al term total of five years.

Background
In 2021, the city procured Willdan Financial Services to create a new cost alloca1on plan and a comprehensive user fee study. On January 24, 2024, the City Council adopted a new user fee schedule based on the findings of the user fee study. The user fee study analysis included reviewing Building Safety fixed fee services and the deposit-based permit fee structure.

To assess fixed fee services, Willdan Financial Services reviewed the total cost of each service based on the fully burdened hourly rates for city personnel and overhead costs directly involved in providing services. Based on this assessment, Willdan Financial Services in coordina1on with staff recommended that the building division fee structure transi1on from deposit-based to valua1on- based fixed fees. This method is an industry standard widely used by government jurisdic1ons to evaluate the cost of providing services, where types of projects and project sizes can vary greatly.

The Community Safety Department provides many building safety services for the city, some of which utilize contracted on-call consultants.

Currently, we u1lize Interwest, BPR Consul1ng Group, Willdan, and VCA Code as our current consultants for on-call plan check services and staffing. Based on the previous user fee model, on- call vendors would bill hourly, which would be charged against the deposit accounts. If we con1nue with the hourly charge, the city may pay out more fees to the vendors than are collected based on the current city user fee schedule. Vendors will charge a fixed percentage for building plan review services based on the current user fee schedule. On June 6, 2024, the city issued a request-for- proposal to procure vendors based on the city’s new user fee schedule.

The RFP returned proposals from 12 qualified firms. The city staff evaluated the proposals based on exper1se, experience, training, prior contrac1ng history of the firm, personnel exper1se, compliance with the RFP, and reasonableness of cost and price. Staff independently rated each firm and iden1fied five top candidates for recommenda1on: BPR Consul1ng Group, JAS Pacific, True North, VCA Code, and Willdan. If awarded, each selected on-call firm will enter into a three-year agreement with the City for an amount not to exceed $1,018,600.00 per agreement. The agreements also allow extending the three-year term with two one-year extensions, resul1ng in a poten1al term total of five years. Establishing these contracts will con1nue to support the City’s ability to expand plan review and inspec1on abili1es to support an1cipated large projects. While execu1ng an on-call contract with the city does not guarantee that a consul1ng firm will receive work during the on-call period, staff intends to spread the work amongst the firms and award specific projects to firms that are best suited to complete the specific type of project while providing the city with the most flexible options to move forward with a project.

Environmental
Approval of the proposed contracts is not a project pursuant to the California Environmental Quality Act (CEQA) and no environmental review is required.
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Strategic Plan Action - Priority Level: N/A
| Target #: G
| Goal #: E
Right-size the organiza1on and staffing consistent with City services, needs, expecta1ons, and strategic plan priorities.

Ensure that customer service levels are Exceeding Eastvale's Expectations Everyday Fiscal Impact
There is no expected fiscal impact to the City as the City has adopted a full cost recovery fee schedule. Funding for on-call services provided in fiscal year 2024-2025 are budgeted in account 100-310-6432 in the amount of $953,600 and account 100-310-6433 in the amount of $65,000 for a total budgeted amount of $1,018,600 for fiscal year 2024-2025. On-call services provided during fiscal year 2024-2025 will not exceed the total budgeted amount.

The master contracts do not guarantee work to any of the on-call consultants. The city will authorize work as needed through purchase orders, subject to funding and budget availability.

Prior City Council/Commission Action
On December 14, 2022, the City Council awarded on-call contracts to BPR Consul1ng Group, Willdan, and VCA Code for Building Safety, Engineering, plan-check, and other City services.

On January 24, 2024, the City Council adopted a new user fee schedule.

Attachment(s)
Attachment 1 - Request For Proposals - On Call Plan Check and Inspection Services Attachment 2 - BPR Consulting Professional Services Agreement.pdf

Attachment 3 - JAS Pacific Professional Services Agreement.pdf

Attachment 4 - True North Professional Services Agreement.pdf

Attachment 5 - VCA Code Professional Services Agreement.pdf

Attachment 6 - Willdan Professional Services Agreement.pdf

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REQUEST FOR PROPOSALS

ON-CALL PLAN CHECK, BUILDING INSPECTION, CODE ENFORCEMENT

CONSULTING SERVICES

RFP Release Date:

June 6, 2024

Proposal Submittal Due Date: June 21, 2024; Time: 5:00 PM Due Date for Receipt of Questions
Regarding this RFP:

June 14, 2024; Time: 5:00 PM

Submit Proposals to:

Electronic Submittals through PlanetBids Only

Website: https://www.eastvaleca.gov/business/rfp-postings Submitting Department:

Community Safety

Project Manager:

Johnny Terfehr, Director of Community Safety,
[email protected]

412

RFP FOR ON-CALL PLAN CHECK AND INSPECTION CONSULTING SERVICES

REQUEST FOR PROPOSALS

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 2 Contents
Notice to Prospective Consultants .............................................................................................................................................. 3 A. INTRODUCTION/OVERVIEW ................................................................................................................................................... 3 Background ............................................................................................................................................................................. 3 Mission Statement .................................................................................................................................................................. 4 Purpose/Objective .................................................................................................................................................................. 4 Inquiries .................................................................................................................................................................................. 4 Method of Source Selection.................................................................................................................................................... 4 Minimum Qualifications.......................................................................................................................................................... 5 B. SCOPE OF WORK ..................................................................................................................................................................... 5 Building and Safety ................................................................................................................................................................. 6 Code Enforcement (Code Compliance) ................................................................................................................................... 6 Fire .......................................................................................................................................................................................... 7 C. INSURANCE ............................................................................................................................................................................. 7 Minimum Scope of Insurance ................................................................................................................................................. 7 Minimum Limits of Insurance ................................................................................................................................................. 8 Other Provisions ...................................................................................................................................................................... 8 Other Requirements ............................................................................................................................................................... 9 D. PAYMENT ................................................................................................................................................................................ 9 E. RIGHT TO CANCEL OR REJECT ................................................................................................................................................. 9 F. INCORPORATION INTO CONTRACT ........................................................................................................................................ 9 G. LICENSES, PERMITS, AND FEES ............................................................................................................................................... 9 H. INDEMNIFICATION ................................................................................................................................................................ 10 I. OBLIGATION TO PURCHASE .................................................................................................................................................. 10 J. DELIVERY OF PROPOSAL ....................................................................................................................................................... 10 K. RFP EVALUATION .................................................................................................................................................................. 10 Evaluation and Scoring Criteria ............................................................................................................................................. 10 Debriefing .............................................................................................................................................................................. 12 Protests ................................................................................................................................................................................. 12 L. RFP RESPONSE REQUIREMENTS AND FORMAT .................................................................................................................... 12 I Title Page ........................................................................................................................................................................ 13 II Letter of Transmittal ...................................................................................................................................................... 13 III Company Background and Experience ...................................................................................................................... 13 IV Project Staffing and Organization .............................................................................................................................. 14 V Cost Proposal ................................................................................................................................................................. 14 VIII Client References ............................................................................................................................................................ 15 Attachment I: Sample Professional Services Agreement .......................................................................................................... 16

413

RFP FOR ON-CALL PLAN CHECK AND INSPECTION CONSULTING SERVICES

REQUEST FOR PROPOSALS

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 3 Notice to Prospective Consultants
Prospective Consultants shall carefully review this solicitation for defects and questionable or objectionable matter. Comments concerning defects and questionable or objectionable matter must be made to the City’s Project Manager at the e-mail address on the cover page and must be received by the city prior to the deadline for written questions also shown on the cover page.

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

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

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

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

The City of Eastvale invests in community relationships to increase collaboration and communication in a positive way and works closely with the Corona- Norco Unified School District, the Jurupa Community Services District, the Jurupa Area Recreation & Parks District, neighboring cities, and other community stakeholders. The City of Eastvale is served by the Riverside County Sheriff’s Office for law enforcement and CalFIRE/Riverside County Fire for Fire/Medical Emergency Response. We are always striving to E xceed Eastvale’s Expectations Every Day and desire to work with consultants that share this same goal and provide award -winning services, performance and results.

The City operates under a Council/Manager form of government and has a five-member City Council comprised of members elected by district. Each Council Member is elected for four years with staggered terms. The Council selects one of its members in December of each year to serve as Mayor and another to serve as Mayor Pro Tem.

The City Council values and encourages public participation in the governing process and our residents are engaged and proud to represent their neighborhood, culture, and community.

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

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

Meeting agenda materials are posted on the City’s website at www.eastvaleca.gov.
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RFP FOR ON-CALL PLAN CHECK AND INSPECTION CONSULTING SERVICES

REQUEST FOR PROPOSALS

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 4 Mission Statement
We champion experiences that engage, excite, and elevate our community with our kindness, grit and solutions- driven team to achieve courageous, creative, and collaborative results! We are a Strengthens Based Leadership, Purpose & Values Driven, and People serving organization.

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

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

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

Purpose/Objective
The City of Eastvale (City) is soliciting proposals from qualified consultants who have established knowledge and expertise in ANY aspects of the service requested in this RFP. The purpose of on- call professional consulting services in specific discipline categories is to maximize expertise and mobilize that expertise on short notice under pre -negotiated, competitive procurement terms and conditions to address needs as they occur. The benefits of having an on-call contract in place include:
• Technical expertise
• Commitments as needed for service
• Accelerated procurement and authorization
• Independent and objective assessments
• Consolidates competition and procurement process
• Consultants that bring specialized expertise
• Consultants that are familiar or can quickly become familiar with Eastvale needs and values

If awarded, the contract will commence immediately after the contract is signed and filed by the City.

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

Inquiries
All questions or requests for interpretation related to this RFP shall be submitted online through PlanetBids.

Include the page number(s), and paragraph name/number(s) in question. The deadline for receipt of questions is 5:00 PM Pacific time, June 14, 2024. If clarification or interpretation of this solicitation is considered necessary by City, a written addendum shall be issued through PlanetBids. It is the responsibility of each prospective Consultant to ensure that they have received and reviewed any and all addenda to this RFP.

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

Method of Source Selection
The City will use the Competitive Sealed Proposals Method as source selection for this procurement. The City, 415

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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 5 as it deems necessary, may conduct discussions with individual firms for information, lack of knowledge, fact - finding or for clarification to assure understanding of, and responsiveness to solicitation requirements.

Minimum Qualifications
Only those consultants with verifiable experience as it relates to the services requested in this solicitation will be considered during the evaluation process. Consultant staff assigned to execute the scope of services must have relevant experience in pro viding the necessary services as described under the scope of services. All personnel assigned to the work shall possess appropriate certifications or registrations as required by state and local agencies.
• Extensive knowledge of Federal, State, City, and County codes and ordinances, especially related to building and construction, zoning, planning, and fire.
• Ability to read and interpret complex codes, ordinances, and permit documentation. • Ability to meet and deal with the public in a tactful and courteous, yet firm manner; establish and maintain effective working relationships with staff, co-workers, officials, and the public. • Ability to communicate effectively, clearly, and concisely both orally and in writing.

B. SCOPE OF WORK
The City of Eastvale is seeking a qualified consultant to provide building official, permit tech, plan check, inspection, and municipal code and zoning enforcement services within the City to support the Community Safety Department. The Scope of Work is comprised of multiple disciplines. Proposing consultants who are qualified to provide services in ANY of the listed disciplines and are invited to respond to one or any combination of following disciplines that are within their area(s) of expertise. A separate submittal package is required for each discipline category (e.g., building, code enforcement, fire). Consultants must list similar services to those requested in this RFP provided to other municipalities within the last five (5) years. Consultants should have no outstanding or pending complaints as determined through the Better Business Bureau, State of California Department of Consumer Affairs. Consultants should have excellent interpersonal communication skills and the ability to interact with various people during the course of a project, as well as have the administrative and fiscal capability to provide and manage the proposed services. Consultants must also be well versed in identifying problems or issues that may warrant City Council’s attention and represent the City in the most professional and knowledgeable manner as an expert in the subject field and champion the purpose and direction of the City of Eastvale.

The City anticipates that this RFP will result in multiple awards of annual contracts within each discipline for one (1) three-year period with the ability to renew for two (2) one -year extensions as warranted. As such, the City will solicit competitive proposals from contracted consultants for specific projects and services throughout the term of the annual contract(s). Contracted consultants shall be required to submit their competitive project proposals within the submittal deadline period required in each project solicitation. Such time requirement will generally range from 48 hours to 10 working days, depending on the requirements of the City and the complexity of the project. Upon award of specific project work, the selected consultant shall begin the work no later than the date required in the notification of project award. Such time requirement will generally range from 48 hours to 5 working days, depending on the requirement of the City and the complexity of the project. By submitting a proposal to this RFP, consultant agrees to abide by any proposal or work deadlines required by the City, and consultants agree that failure to meet such deadlines, or failure to respond to project solicitations, may result in termination of consultant’s co ntract. The Selection of the firms and entering into a contract to provide on - call professional services does not guarantee any work to selected firms. The contracts will have not-to-exceed amounts to be approved by the City Council.

The consultant shall provide professional services described below. While it is believed that this scope includes 416

RFP FOR ON-CALL PLAN CHECK AND INSPECTION CONSULTING SERVICES

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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 6 all elements essential to complete the service, proposing firms are advised to include any items that they believe may have been overlooked . Proposing firms may also note any required items that they believe may be excessive or unnecessary. Services required to complete this update shall include:

Building and Safety
In general, the selected consultant will be expected to provide on- call staff for inspection, permit tech counter staffing, and plan check services to support the Building and Safety Division, including but not limited to the following:
• Provide building department support staff to include building official, building inspector, permit technicians, and plans examiners/engineers on an on-call basis. • Review all plans and supporting documents submitted for projects for which a building permit is requested.
• Prepare reports specifying corrections, if needed, and transmit to applicant. • Ability to review projects and provide comments within timelines specified by the City. • Process plan revisions and verify that corrections have been satisfactorily made in a timely manner. • Answer public inquiries by telephone, mail, email, virtual meeting, conference call or in person at a public counter regarding plan reviews, application submittal requirements, etc. • Facilitation of special projects, including but not limited to drafting municipal/zoning code amendments, utilizing tools for data analysis and scenario planning, and providing architectural review. • All plan review services and inspection staff shall be performed by the International Code Council (ICC), or similarly certified plans examiners and/or licensed professional engineers (State of California), with extensive experience in plan review. All staff utilized by the Consultant shall be appropriately licensed, registered, and certified as required by the State of California and the City to perform each of the specific scopes of work.
• Consultant shall review all plan check applications for accuracy and make all necessary revisions to such items as description, square footage, type of construction, and use. All plan review correction materials including marked-up plans, documents, and plan check correction lists shall be provided in the City desired format to the City representative immediately upon completion of the plan review at no extra charge to the City. This process includes the delivery of a hard copy of the reviewed plan and correction list.
• The City encourages electronic plan submittal. Consultant shall provide plan review and scope of work services through the City’s Electronic Review systems, DigEplan System access and training will be provided by the City to selected consultants in accorda nce with City policies and practices. All ePlan records of corrections, approvals, and comments shall be entered in the City's system in a manner that is in accordance with customer service standards and policies.

Code Enforcement (Code Compliance)
In general, the consultant shall provide support to the City’s C ode Enforcement staff. CACEO Certification is required. The Code Enforcement services would include, but are not limited to the ability to perform the following:
• Receive and investigate complaints related to housing, zoning, land use, property maintenance, public nuisance violations, and other concerns in the enforcement of the Municipal Code, Uniform Housing Code, CA Building and Health and Safety Codes, and other applicable local, state, and federal laws and regulations.
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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 7 • Conduct research and assessments to determine the validity of alleged code violations with field site inspections. Field surveys and investigations can involve inspections at commercial sites, single and multi-family housing, vacant lots, and other property & structures. • Compile data and prepare comprehensive and factual investigation reports which may include taking photographs and necessary measurements and gathering of pertinent facts from parties involved in the case.

• Recognize the need for an implementation of appropriate and specific remedial actions to correct violations and notify violators of such to abate violations. • Prepare and issue Warnings, Notices of Violations, Letters of Non -Compliance, and, when necessary, issue administrative citations and appear at hearings or in court, as required. • Provide interpretation of codes and information on regulations to residents and violators. • Interface with the public with diplomacy and tact when having to implement and impose codes and policies upon residents to achieve compliance. Conduct inspections and interactions with the public and other City staff according to the City’s purpose and values statement.

• Provide ongoing customer service and serve as a representative of the City when called upon at neighborhood group meetings, hearings, etc.
• Coordinate all activities with the City’s Code Enforcement Division and provide other professional code enforcement support services as determined by the City.

Fire
In general, the consultant shall provide plan review and inspection services to support the Fire Department including, but not limited to the following:
• Perform on-call (on-site and off-site) and expedited plan review of submitted residential, commercial, and industrial (structural and non -structural) building plan and fire suppression, detection, alarm system plans.
• Perform combination building and life safety inspections for residential, commercial, and industrial in accordance with the approved documents, adopted codes, and standards. • Ability to review projects and provide comments within timelines specified by the City. • Answer public inquiries by telephone, mail, or in person at a public counter regarding plan reviews, application submittal requirements, etc.
• Ability to write Planning Commission and City Council staff reports, resolutions, ordinances, conditions of approval, and give oral presentations.
• Process plan revisions and verify that corrections have been satisfactorily made in a timely manner. • Ability to work conjointly with the Fire Marshal on projects and services. • Proposing consultant shall provide examples of project management/tracking method.

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

Minimum Scope of Insurance
Coverage shall be at least as broad as:
1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage 418

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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 8 (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 Consultant and all risks to such persons under this Agreement.
4) Professional Liability . Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis and must include coverage for contractual liability.

The professional liability insurance required by this Agreement must be endorsed to b e applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional three (3) year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.

Minimum Limits of Insurance
Consultant shall maintain limits of liability of not less than:
1) Commercial General Liability. $1,000,000 general aggregate for bodily injury, personal injury and property damage.
2) Automobile. $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.
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.

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. a. City and its respective elected and appointed officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. b. Consultant’s insurance coverage shall be primary insurance with respect to City and its respective elected and appointed officers, officials, employees, and volunteers . Any insurance or self - insurance maintained by City, and its respective elected and appointed officers, officials, employees, or volunteers, shall apply in excess of, and not contribute with, Consultant’s 419

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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 9 insurance.
c. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City and its respective elected and appointed officers, officials, employees, or volunteers. 3) Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees, and agents for losses arising from work performed by Consultant.

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

D. PAYMENT
City’s normal period of net thirty (30) days payment after receipt of invoice will part of the executed agreement.

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

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

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

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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 10 H. INDEMNIFICATION
The firm shall guarantee and certify by submitting a response to this solicitation that if successful, they shall indemnify and defend the City against any and all claims or legal actions arising as a result of their performance of the contract, whether or not such claims relate to damages or alleged damages sustained by physical injury to firms personnel, subconsultants, utility employees or other persons, or against any lawsuits arising from alleged or actual patent infringements, and shall hold the City, its various departments, employees, and any and all persons or entities acting on its behalf harmless from the same.

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

J. DELIVERY OF PROPOSAL
All proposals must be received before the time and date listed on the RFP cover sheet. The City will not accept any proposals received after listed time and date.

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

K. RFP EVALUATION
The City will evaluate all proposals deemed responsive to this request by an evaluation panel selected by the City. The panel will be comprised of City staff and may include outside personnel. The panel members will review and evaluate the proposals by scoring the criteria outlined within this RFP. Based on the evaluation result, the panel will recommend to the Project Manager the firm whose proposal is most advantageous to the City of Eastvale. The City may request an interview from the firms to further assist in the selection process. Should the City choose to require an interview process; the proposer will be required to make a short presentation, followed by a question-and-answer period.

Evaluation and Scoring Criteria
Responses to this RFP will be evaluated and scored according to the criteria categories listed below.

SCORE RANGE SCORING DESCRIPTION
90 - 100 Meets and significantly exceeds most or all City requirements 80 - 89 Meets and exceeds several City requirements

70 - 79 Meets minimum City Requirements

69 and below Fail
Proposals: Proposals will be scored according to the criteria in the chart below.

CRITERIA WEIGHT
EXPERTISE, EXPERIENCE & TRAINING PLUS PRIOR CONTRACTING HISTORY OF FIRM 40 The expertise, experience and training of the proposer and its key personnel and previous experience with similar work in similar fields and qualifications and depth of the staff that will 421

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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 11 perform the work on this project. This factor includes evaluation of the proposer’s prior contracting history, including the review of the proposer’s certifications relating to false claims, debarment, and civil litigation.

EXPERTISE OF PERSONNEL 40
The qualifications, education, technical competence, and experience of key personnel. Key personnel’s anticipated level of involvement in performing related work.

COMPLIANCE WITH RFP 10
The ability of the proposer to comply with all instructions set forth under this RFP as well as the proposer’s ability to agree to all of the terms and conditions of the attached PSA without modification, particularly as related to indemnification, insurance requirements, and standards of care.

REASONABLENESS OF COST AND PRICE 10
Reasonableness of the individual firm hourly rates, and competitiveness of quoted rates with other proposals received. Provide adequacy of the data in support of figures quoted. Value will be judged based on reasonableness of the Consultant’s hourly rates required to perform the work in relation to the scope of work, technical expertise, experience in responsible charge of projects, and experience with using the systems and methods utilized by the City.

TOTAL 100

Oral Presentations : At the option of the City, the evaluation team may request oral presentations by any number of the finalists for the purpose of clarification or amplification of the materials presented in any part of the proposals. The evaluation team may also request best and final offers from one or more prospective firms.

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

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

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

When the City elects to receive oral presentations, the score for the presentation and the weighted proposal score will be weighed as follows:

FEATURE WEIGHT
Oral Presentation 30
Total Proposal Weighted Score 70
COMBINED WEIGHT TOTAL 100
The grand total score will be calculated as follows:
(Oral Presentation Score X 0.30) + (Total Proposal Weighted Score x 0.70) = Grant Total Score When the City elects to receive oral presentations, the firm with the highest Grand Total Score shall be awarded the contract.
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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 12 Debriefing
Any Firm that submitted a proposal and feels that their proposal was not given adequate consideration or not given a fair evaluation may request a debriefing from the City’s proposal evaluation team. The request for debriefing shall be submitted in writing to the City Clerk within two (2) working days after it was notified of the City’s intention to award the contract.

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

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

1. Any actual or prospective firm that is aggrieved in connection with solicitation or award of a contract may protest to the City Manager or designee, the protest shall be submitted in writing to the City Clerk within seven (7) working days after such aggrieved person or company knows or should have known the facts giving rise thereto.

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

City Reserves the Right to
• Reject any or all submittals
• Request clarification of any submitted information
• Waive any informalities or irregularities in any proposal • Not enter any contract
• Not select any firm
• Cancel this process at any time
• Amend this process at any time
• Interview firms prior to award
• Enter into negotiations with one or more firms, or request a best and final offer • Award more than one contract if it is in the best interest of the City • Issue similar solicitations in the future
• Request additional information form prospective firms L. RFP RESPONSE REQUIREMENTS AND FORMAT
Please use the following format to structure your RFP response. Submittals must be in 8.5x11 format and should be no longer than 40 pages (excluding cover page, appendix). Note that 1 page includes the front side of an

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

I Title Page
II Letter of Transmittal
III Company Background and Experience
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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 13 IV Project Staffing and Organization
V Cost Proposal
VI Client References
I Title Page
The title page shall include, at minimum, the following:
• Name of Project – On-Call Plan Check, Building Inspection Services, Code Enforcement Services • Submitted by - Company’s Name
• Date of Submittal
• Executive Summary in brief and concise terms that summarizes the contents of the proposal response.

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

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

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

The firm shall also provide:

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

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

3. Company’s experience in performing work of a similar nature to that solicited in this RFP a. Supply at least five (5) yet no more than ten (10) specific examples of previous work that was completed within the last five (5) years. Provide a brief description of each effort, including the dates during which the work was performed and the firm’s role in the work (engineering, plan check, construction inspection, code enforcement, etc.). b. Highlight participation in such work by the key personnel proposed for assignment to this project 424

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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 14 IV Project Staffing and Organization
This section shall identify the qualifications of the key personnel who will be assigned to the project. An organization chart for the project shall be provided. The chart shall indicate how the firm intends to structure the project effort, and identify the Project Director/Engagement Manager, Project Manager, Technical Team Members, Trainers and all other key personnel including subconsultants. The designated Project Manager shall be the primary contact with the city during the contract period and shall fu nction in that capacity while employed by the firm.

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

The specific staff identified in the original Proposal may not be changed prior to commencement of work or during the course of the project without the specific approval of the City and two weeks’ notice. Replacement candidates must have the same or higher level of similar experience as the original project team member they replace. Resumes of replacements shall be submitted with all applicable information.

V Cost Proposal
The cost proposal shall include a schedule of hourly rates for each classification for deposit-based permits and percentage cost for fixed fee permits , including valuation-based fees. The City has recently performed a user fee study and new fees took effect March 25, 2024. The fee schedule can be found at:

https://portal.laserfiche.com/Portal/DocView.aspx?id=51873&repo=r-78788824

The City is open to other methods of billing for services and will consider alternatives that meet the needs of the City. Even if an alternative cost proposal is provided you must still provide hourly and percentage-based cost proposals.

All rates and costs shall be effective through the term of the agreement . Hourly rate schedule should include the typical following categories of labor classifications modified as appropriate for the category of labor required to perform the work:
• Principal-in-Charge
• Senior Project Manager
• Project Manager
• Building Official
• Plans examiner (Certified)
• Engineering plans examiner (Building, Structural, Electrical, Mechanical) • Combination Building Inspector
• Code Enforcement Officer
• Permit technician
• CASP Certified Professional
• Other as recommended by proposer (please describe)

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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 15 Provide a list of reimbursable charges and rates to include:
• Mileage
• Prints, plots, messenger service and other direct expenses markup • Outside consultant services markup
• Other
VIII Client References
Firms shall provide at least three (3) public agency references going back not more than five (5) years from the issuance of this RFP in which the proposer was engaged to perform tasks similar to those requested under this RFP. References should place an e mphasis on past projects in which the personnel to be used by proposer for this project were deployed. The references should include the name, title and contact information of the public agency officer or employee responsible for overseeing the proposer’s work.

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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 16 [ years/months/days]
Attachment I: Sample Professional Services Agreement

AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF EASTVALE, CALIFORNIA
AND

This Agreement for Services (“Agreement”) is entered into as of this day of , 20 by and between the City of Eastvale, a municipal corporation (“City”) and , a (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

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

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

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

OPERATIVE PROVISIONS

NOW, THEREFORE, in consideration of the mutual 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:

TERM OF AGREEMENT.

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

SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.

Scope of Services. Consultant agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.

Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Consultant 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 Consultant to continue performing the Services. [CUT THIS SUBSECTION IF THERE IS NO SCHEDULE OF PERFORMANCE]
ADDITIONAL SERVICES.

Consultant shall not be compensated for any work rendered in connection with its performance of this 427

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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 17 Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

COMPENSATION AND METHOD OF PAYMENT.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed dollars ($ ), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.

Each month Consultant 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 subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hour ly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant 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 Consultant for cor rection and resubmission.

Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’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 Consultant’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.”
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 Consultant 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 Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original map s, 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 Consultant in the course of providing the Services pursuant to this 428

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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 18 Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

All final work product developed by Consultant 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 Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Consultants’ work notes and drafts, which are owned by Consultant, not City.

CONSULTANT'S BOOKS AND RECORDS.

Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records 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 Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for thre e (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 e xceeds ten thousand dollars ($10,000.00), this Agreement and the Consultant'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.

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

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

INDEPENDENT CONTRACTOR.

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

The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’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 Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.

Neither Consultant , nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 429

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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 19 STANDARD OF PERFORMANCE.

Consultant 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. Consultant 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, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in pro viding services similar to the Services required of Consultant under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and 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 Consultant to comply with this section.

PREVAILING WAGE LAWS
It is the understanding of City and Consultant that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code o r 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.

NONDISCRIMINATION.

Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

UNAUTHORIZED ALIENS.

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

CONFLICTS OF INTEREST.

Consultant 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 Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subconsultant without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, 430

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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 20 independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant 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.

City understands and acknowledges that Consultant 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.

CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.

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

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

Consultant, its officers, employees, agents or subconsultants, 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 deposit ions, 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 Consultant gives City notice of such court order or subpoena.

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

Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other disco very 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 Consultant or be present at any deposition, hearing or similar proceeding. Consulta nt agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Consultant shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in 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.

INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its 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 attorney’s 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 Consultant, or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of 431

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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 21 professional services and to the full extent permitted by law, Consultant 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 attorney’s 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 Consultant, or by any ind ividual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant.
(c) Indemnification from Subconsultants. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no 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 Consultant 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.

INSURANCE.

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

ASSIGNMENT.

The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’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 acknow ledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants.

CONTINUITY OF PERSONNEL.

Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subconsultants, if any, assigned to perform the Services. Consultant shall notify City of any changes in Consultant’s staff and subconsultants, if any, assigned to perform the Services prior to and during any such performance.

TERMINATION OF AGREEMENT.

City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.
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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 22 Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

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

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

DEFAULT.

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

Instead, the City may give notice to Consulta nt of the default and the reasons for the default. The notice shall include the timeframe in which Consultant 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 Consultant 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 Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Consul tant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

EXCUSABLE DELAYS.

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

COOPERATION BY CITY.

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

NOTICES.

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

To City: City of Eastvale
Attn: Mark Orme, City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Consultant:

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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 23 Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

AUTHORITY TO EXECUTE.

Each of the signatories hereto represents and 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.

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.

BINDING EFFECT.

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

AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the 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 req uired 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 r educe City’s rights under this Agreement. All other amendments shall be approved by the City Council.

WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, 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 Consultant shall not constitute a waiver of any of the provisions of this Agreement.

LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie 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.

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.

ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and 434

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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 24 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 Consultant 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.

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).

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
ATTEST:

Henry Garcia, Interim City Manager

Marc A. Donohue
City Clerk/Communications Director

APPROVED AS TO FORM
Erica L. Vega
City Attorney
By: By:

Its: Its:

NOTE: CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

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

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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 25

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 26 EXHIBIT "A"

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

A.

B.

C.

D.

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

A.

B.

C.

D.

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

A.

B.

C.

D.

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

A.

B.

C.

D.

V. Consultant will utilize the following personnel to accomplish the Services:

A.

B.

C.

D.

VI. Consultant will utilize the following subconsultants to accomplish the Services:
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RFP FOR ON-CALL PLAN CHECK AND INSPECTION CONSULTING SERVICES

REQUEST FOR PROPOSALS

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 27 A.

B.

C.

D.

EXHIBIT "B" COMPENSATION
I. Consultant shall use the following rates of pay in the performance of the Services:

A. [job] [hourly rate]
B. [job] [hourly rate]
C. [job] [hourly rate]
D. [job] [hourly rate]
E. [job] [hourly rate]
II. Consultant may utilize subconsultants as indicated in this Agreement. The hourly rate for any subconsultant is not to exceed $ per hour without written authorization from the City Manager or his designee.

438

RFP FOR ON-CALL PLAN CHECK AND INSPECTION CONSULTING SERVICES

REQUEST FOR PROPOSALS

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 28 EXHIBIT "C"

INSURANCE
A. Insurance Requirements. Consultant 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 Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

Consultant shall provide the following scope and 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 Consultant and all risks to such persons under this Agreement.
(4) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability.

The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Consultant’s services or the termination of this Agreement.

During this additional three (3) year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.

2. Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than:
(1) Commercial General Liability. $1,000,000 general aggregate for bodily injury, personal injury and property damage.
(2) Automobile. $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above. (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 Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. (2) Consultant’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance 439

RFP FOR ON-CALL PLAN CHECK AND INSPECTION CONSULTING SERVICES

REQUEST FOR PROPOSALS

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 29 maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant’s insurance. (3) Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

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

C. Other Requirements. Consultant 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 Consultant furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Consultant shall furnish certificates and endorsements from each subconsultant identical to those Consultant provides.

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

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

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AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES FOR

PLAN CHECK AND INSPECTION

This Agreement for Services (“Agreement”) is entered into as of this 25th day of September, 2024 by and between the City of Eastvale, a municipal corporation (“City”) and BPR Consulting Group, a California limited liability company (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

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

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

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

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

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for three years commencing on the date first ascribed above. The City may extend the Term of this Agreement two times for one year each time, for a potential total Term of five years, by providing Contractor notice in writing prior to the expiration of the Term.

SECTION 2. SCOPE OF SERVICES.

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

SECTION 3. ADDITIONAL SERVICES.

Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “ Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall 441
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be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed one million eighteen thousand six hundred dollars ($1,018,600.00), unless additional comp ensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
(b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and pa id 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 Sec tion 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
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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, s tudies, surveys, reports, data, notes, computer files, files or other documents.

All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors’ work notes and drafts, which are owned by Contractor, not City.

SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of 443
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such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.
(b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s personnel.

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

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in p roviding services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where 444
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there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

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

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

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

SECTION 12. NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS.

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

SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no 445
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person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will perform non - related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

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

Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said 446
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response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys ’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to off icers, agents, employees or sub contractors of Contractor, in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened , including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to off icers, agents, employees or subcontractors of Contractor.
(c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(d) City’s Negligence . The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not 447
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release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

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

SECTION 18. ASSIGNMENT.

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

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

SECTION 19. CONTINUITY OF PERSONNEL.

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

SECTION 20. TERMINATION OF AGREEMENT.
(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. 448
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Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 21. DEFAULT.

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

SECTION 22. EXCUSABLE DELAYS.

Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the 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: Richard Hicks
12363 Limonite Ave., Suite 910
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Eastvale, CA 91752
To Contractor: BPR Consulting Group LLC
6856 Sundance Trail
Riverside, CA 92506

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

SECTION 25. AUTHORITY TO EXECUTE.

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

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the Eastvale Municipal Code . The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required t o, 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 450
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by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

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

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

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

SECTION 32. ENTIRE AGREEMENT.

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

SECTION 33. SEVERABILITY.

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

SECTION 34. CONFLICTING TERMS.

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

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

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

APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney

BPR CONSULTING GROUP LLC
____
Signature
_Ron Beehler__
Name

_Director_______________________
Title

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EXHIBIT "A"

SCOPE OF SERVICES

The scope of services are as follows:

Building and Safety

The selected consultant will be expected to provide on-call staff for inspection, permit tech counter staffing, and plan check services to support the Building and Safety Division, including but not limited to the following:

• Provide building department support staff to include building official, building inspector, permit technicians, and plans examiners/engineers on an on-call basis.
• Review all plans and supporting documents submitted for projects for which a building permit is requested.
• Prepare reports specifying corrections, if needed, and transmit to applicant. • Ability to review projects and provide comments within timelines specified by the City.
• Process plan revisions and verify that corrections have been satisfactorily made in a timely manner.
• Answer public inquiries by telephone, mail, email, virtual meeting, conference call or in person at a public counter regarding plan reviews, application submittal requirements, etc.
• Facilitation of special projects, including but not limited to drafting municipal/zoning code amendments, utilizing tools for data analysis and scenario planning, and providing architectural review.
• All plan review services and inspection staff shall be performed by the International Code Council (ICC), or similarly certified plans examiners and/or licensed professional engineers (State of California), with extensive experience in plan review. All staff utilized by the Consultant shall be appropriately licensed, registered, and certified as required by the State of California and the City to perform each of the specific scopes of work.
• Consultant shall review all plan check applications for accuracy and make all necessary revisions to such items as description, square footage, type of construction, and use. All plan review correction materials including marked-up plans, documents, and plan check correction lists shall be provided in the City desired format to the City representative immediately upon completion of the plan review at no extra charge to the City. This process includes the delivery of a hard copy of the reviewed plan and correction list.
• The City encourages electronic plan submittal. Consultant shall provide plan review and scope of work services through the City’s Electronic Review systems 453

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• DigEplan System access and training will be provided by the City to selected consultants in accordance with City policies and practices. All ePlan records of corrections, approvals, and comments shall be entered in the City's system in a manner that is in accordance with customer service standards and policies.

Code Enforcement (Code Compliance)

The selected consultant shall provide support to the City’s Code Enforcement staff.

CACEO Certification is required. The Code Enforcement services would include, but are not limited to the ability to perform the following:

• Receive and investigate complaints related to housing, zoning, land use, property maintenance, public nuisance violations, and other concerns in the enforcement of the Municipal Code, Uniform Housing Code, CA Building and Health and Safety Codes, and other applicable local, state, and federal laws and regulations. • Conduct research and assessments to determine the validity of alleged code violations with field site inspections. Field surveys and investigations can involve inspections at commercial sites, single and multi-family housing, vacant lots, and other property & structures.
• Compile data and prepare comprehensive and factual investigation reports which may include taking photographs and necessary measurements and gathering of pertinent facts from parties involved in the case.
• Recognize the need for an implementation of appropriate and specific remedial actions to correct violations and notify violators of such to abate violations. • Prepare and issue Warnings, Notices of Violations, Letters of Non-Compliance, and, when necessary, issue administrative citations and appear at hearings or in court, as required.
• Provide interpretation of codes and information on regulations to residents and violators.
• Interface with the public with diplomacy and tact when having to implement and impose codes and policies upon residents to achieve compliance. Conduct inspections and interactions with the public and other City staff according to the City’s purpose and values statement.
• Provide ongoing customer service and serve as a representative of the City when called upon at neighborhood group meetings, hearings, etc. • Coordinate all activities with the City’s Code Enforcement Division and provide other professional code enforcement support services as determined by the City.

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Fire

The selected consultant shall provide plan review and inspection services to support the Fire Department including, but not limited to the following:

• Perform on-call (on-site and off-site) and expedited plan review of submitted residential, commercial, and industrial (structural and non-structural) building plan and fire suppression, detection, alarm system plans. • Perform combination building and life safety inspections for residential, commercial, and industrial in accordance with the approved documents, adopted codes, and standards.
• Ability to review projects and provide comments within timelines specified by the City.
• Answer public inquiries by telephone, mail, or in person at a public counter regarding plan reviews, application submittal requirements, etc. • Ability to write Planning Commission and City Council staff reports, resolutions, ordinances, conditions of approval, and give oral presentations. • Process plan revisions and verify that corrections have been satisfactorily made in a timely manner.
• Ability to work conjointly with the Fire Marshal on projects and services. • Proposing consultant shall provide examples of project management/tracking method

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EXHIBIT "B"

COMPENSATION

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CITY OF EASTVALE

PROPOSAL TO PROVIDE ON-CALL BUILDING AND SAFETY SERVICES BPR
Section V

COST PROPOSAL
* Based on experience and qualifications
 Shipping: There is no charge for courier or shipping services for plan reviews conducted off site.  Overtime: Inspection services and other hourly services provided within City offices in excess of eight hours per day, nights, and weekends will be charged at 140% of the billing rates indicated above.
 Mileage Expenses: Mileage utilized while performing inspection services will be charged at the current Internal Revenue Service (IRS) vehicle mileage rates plus 20%.  Minimum Daily Charge: There will be a minimum 8-hour daily charge for all on-call plan review, inspection, permit technician and support services provided within City offices.  Hourly Rates: All hourly rates include salaries, benefits, workers compensation insurance and miscellaneous office expenses.
 Inspection Services: There will be a minimum 8-hour charge for each day on-site inspection services are provided within the City.
 Prints, Plots, Messenger Services: Cost plus 20%

FIXED FEE PLAN REVIEW SERVICES
Initial Plan Review and Two Back Check Reviews 68% Plan Review Fees Collected by the City Plan Review Beyond the Third Review As Per Hourly Rates Below Expedited Plan Review
150% of the Standard Rate, Plan Review
Completed in Half the Standard Turn-Around
Times
Revisions / Deferred Submittals As Per Hourly Rates Below Inspection Services As Per Hourly Rates Below (8 Hour Minimum) Permit Technician / Administrative Services As Per Hourly Rates Below

SCHEDULE OF HOURLY BILLING RATES
Building Official $145
Licensed Plan Review Engineer
(structural, civil, electrical, mechanical) $135
ICC Certified Plans Examiner 110
CASp Plans Examiner or Inspector 120
ICC Certified Inspector 85 to 110*
Permit Technician 70
Permit Technician Trainee/ Building Department Support Staff 55

457

CITY OF EASTVALE

PROPOSAL TO PROVIDE ON-CALL FIRE PLAN REVIEW AND INSPECTION SERVICES BPR
Section V

COST PROPOSAL
 Shipping: There is no charge for courier or shipping services for plan reviews conducted off site.  Overtime: Inspection services and other hourly services provided within Fire Department offices in excess of eight hours per day, nights, and weekends will be charged at 140% of the billing rates indicated above.
 Mileage Expenses: Mileage utilized while performing inspection services will be charged at th e c
urrent Internal Revenue Service (IRS) vehicle mileage rates plus 20%.  Minimum Daily Charge: There will be a minimum 4- hour daily charge for all on- call plan review, permit technician provided within Fire Department offices.  Hourly Rates: All hourly rates include salaries, benefits, workers compensation insurance and miscellaneous office expenses.
 Prints, Plots, Messenger Services: Cost plus 20%

FIXED FEE FIRE PLAN REVIEW SERVICES
Fire Plan Review Services As Per Hourly Rates Below
Plan Review Beyond the Third Review As Per Hourly Rates Below Expedited Plan Review 150% of the standard rate
Revisions / Deferred Submittals As Per Hourly Rates Below

FIRE INSPECTION /ADMINISTRATIVE SERVICES
Fire Inspection Services As Per Hourly Rates Below (4 Hour Minimum) Permit Technician / Administrative Services As Per Hourly Rates Below

SCHEDULE OF HOURLY BILLING RATES
Licensed Plan Review Engineer
(structural, civil, electrical, mechanical) $135
Fire Protection Engineer 145
ICC Fire Plans Examiner 130
ICC Fire Inspector 120
ICC Certified Building Plans Examiner 110
Permit Technician / Fir Department Support Staff 70

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EXHIBIT "C"

INSURANCE

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

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

Contractor shall provide the following scope and limits of insurance:

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

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

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

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

(4) Professional Liability . Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional three (3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.

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

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

(2) Automobile. $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of 459

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not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.

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

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

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

1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written no tice by certified mail, return receipt requested, has been given to City.

2. Commercial General Liability and Automobile Liability Coverages.

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

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

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

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

3. Workers' Compensation Coverage . Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation 460

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against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.

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

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

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

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

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AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES FOR

PLAN CHECK AND INSPECTION

This Agreement for Services (“Agreement”) is entered into as of this 25th day of September, 2024 by and between the City of Eastvale, a municipal corporation (“City”) and Jason Addison Consulting Services DBA JAS Pacific , a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

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

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

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

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

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for three years commencing on the date first ascribed above. The City may extend the Term of this Agreement two times for one year each time, for a potential total Term of five years, by providing Contractor notice in writing prior to the expiration of the Term.

SECTION 2. SCOPE OF SERVICES.

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

SECTION 3. ADDITIONAL SERVICES.

Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “ Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall 462
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be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed one million eighteen thousand six hundred dollars ($1,018,600.00), unless additional comp ensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
(b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and pa id 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 Sec tion 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
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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, s tudies, surveys, reports, data, notes, computer files, files or other documents.

All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors’ work notes and drafts, which are owned by Contractor, not City.

SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of 464
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such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.
(b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s personnel.

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

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in p roviding services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where 465
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there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

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

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

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

SECTION 12. NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS.

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

SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no 466
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person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will perform non - related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

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

Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said 467
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response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys ’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to off icers, agents, employees or sub contractors of Contractor, in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened , including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to off icers, agents, employees or subcontractors of Contractor.
(c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(d) City’s Negligence . The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not 468
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release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

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

SECTION 18. ASSIGNMENT.

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

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

SECTION 19. CONTINUITY OF PERSONNEL.

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

SECTION 20. TERMINATION OF AGREEMENT.
(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. 469
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Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 21. DEFAULT.

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

SECTION 22. EXCUSABLE DELAYS.

Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the 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: Richard Hicks
12363 Limonite Ave., Suite 910
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Eastvale, CA 91752
To Contractor: JAS Pacific
201 N. Euclid Avenue, Suite A
Upland, CA 91786

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

SECTION 25. AUTHORITY TO EXECUTE.

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

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the Eastvale Municipal Code . The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required t o, 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 471
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by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

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

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

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

SECTION 32. ENTIRE AGREEMENT.

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

SECTION 33. SEVERABILITY.

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

SECTION 34. CONFLICTING TERMS.

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

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

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

APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney

JAS PACIFIC
____
Signature

Raj Patel
___ ___________________________
Name

President
________________________________
Title

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EXHIBIT "A"

SCOPE OF SERVICES

The scope of services are as follows:

Building and Safety

The selected consultant will be expected to provide on-call staff for inspection, permit tech counter staffing, and plan check services to support the Building and Safety Division, including but not limited to the following:

• Provide building department support staff to include building official, building inspector, permit technicians, and plans examiners/engineers on an on-call basis.
• Review all plans and supporting documents submitted for projects for which a building permit is requested.
• Prepare reports specifying corrections, if needed, and transmit to applicant. • Ability to review projects and provide comments within timelines specified by the City.
• Process plan revisions and verify that corrections have been satisfactorily made in a timely manner.
• Answer public inquiries by telephone, mail, email, virtual meeting, conference call or in person at a public counter regarding plan reviews, application submittal requirements, etc.
• Facilitation of special projects, including but not limited to drafting municipal/zoning code amendments, utilizing tools for data analysis and scenario planning, and providing architectural review.
• All plan review services and inspection staff shall be performed by the International Code Council (ICC), or similarly certified plans examiners and/or licensed professional engineers (State of California), with extensive experience in plan review. All staff utilized by the Consultant shall be appropriately licensed, registered, and certified as required by the State of California and the City to perform each of the specific scopes of work.
• Consultant shall review all plan check applications for accuracy and make all necessary revisions to such items as description, square footage, type of construction, and use. All plan review correction materials including marked-up plans, documents, and plan check correction lists shall be provided in the City desired format to the City representative immediately upon completion of the plan review at no extra charge to the City. This process includes the delivery of a hard copy of the reviewed plan and correction list.
• The City encourages electronic plan submittal. Consultant shall provide plan review and scope of work services through the City’s Electronic Review systems 474

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• DigEplan System access and training will be provided by the City to selected consultants in accordance with City policies and practices. All ePlan records of corrections, approvals, and comments shall be entered in the City's system in a manner that is in accordance with customer service standards and policies.

Code Enforcement (Code Compliance)

The selected consultant shall provide support to the City’s Code Enforcement staff.

CACEO Certification is required. The Code Enforcement services would include, but are not limited to the ability to perform the following:

• Receive and investigate complaints related to housing, zoning, land use, property maintenance, public nuisance violations, and other concerns in the enforcement of the Municipal Code, Uniform Housing Code, CA Building and Health and Safety Codes, and other applicable local, state, and federal laws and regulations. • Conduct research and assessments to determine the validity of alleged code violations with field site inspections. Field surveys and investigations can involve inspections at commercial sites, single and multi-family housing, vacant lots, and other property & structures.
• Compile data and prepare comprehensive and factual investigation reports which may include taking photographs and necessary measurements and gathering of pertinent facts from parties involved in the case.
• Recognize the need for an implementation of appropriate and specific remedial actions to correct violations and notify violators of such to abate violations. • Prepare and issue Warnings, Notices of Violations, Letters of Non-Compliance, and, when necessary, issue administrative citations and appear at hearings or in court, as required.
• Provide interpretation of codes and information on regulations to residents and violators.
• Interface with the public with diplomacy and tact when having to implement and impose codes and policies upon residents to achieve compliance. Conduct inspections and interactions with the public and other City staff according to the City’s purpose and values statement.
• Provide ongoing customer service and serve as a representative of the City when called upon at neighborhood group meetings, hearings, etc. • Coordinate all activities with the City’s Code Enforcement Division and provide other professional code enforcement support services as determined by the City.

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Fire

The selected consultant shall provide plan review and inspection services to support the Fire Department including, but not limited to the following:

• Perform on-call (on-site and off-site) and expedited plan review of submitted residential, commercial, and industrial (structural and non-structural) building plan and fire suppression, detection, alarm system plans. • Perform combination building and life safety inspections for residential, commercial, and industrial in accordance with the approved documents, adopted codes, and standards.
• Ability to review projects and provide comments within timelines specified by the City.
• Answer public inquiries by telephone, mail, or in person at a public counter regarding plan reviews, application submittal requirements, etc. • Ability to write Planning Commission and City Council staff reports, resolutions, ordinances, conditions of approval, and give oral presentations. • Process plan revisions and verify that corrections have been satisfactorily made in a timely manner.
• Ability to work conjointly with the Fire Marshal on projects and services. • Proposing consultant shall provide examples of project management/tracking method

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EXHIBIT "B"

COMPENSATION

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JAS PACIFIC | 68

FEE PROPOSAL

Classification Rate
Principal-in-Charge $155.00/hour
Senior Project Manager $145.00/hour
Project Manager $140.00/hour
Building Official $145.00/hour
Plan Review 65% of fee
Plans Examiner $115.00-$135.00/hour
Engineering Plans Examiner $125.00-$145.00/hour
Combination Building Inspector $95.00-$110.00/hour
Code Enforcement Officer $95.00-$110.00/hour
Permit Technician $85.00-95.00/hour
CASp Certified Professional $115.00/hour
Clerical $75.00-$85.00/hour

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EXHIBIT "C"

INSURANCE

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

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

Contractor shall provide the following scope and limits of insurance:

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

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

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

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

(4) Professional Liability . Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional three (3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.

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

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

(2) Automobile. $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of 479

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C-2
not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.

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

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

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

1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written no tice by certified mail, return receipt requested, has been given to City.

2. Commercial General Liability and Automobile Liability Coverages.

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

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

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

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

3. Workers' Compensation Coverage . Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation 480

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against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.

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

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

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

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

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AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES FOR

PLAN CHECK AND INSPECTION

This Agreement for Services (“Agreement”) is entered into as of this 25th day of September, 2024 by and between the City of Eastvale, a municipal corporation (“City”) and True North Compliance Services , a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

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

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

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

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

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for three years commencing on the date first ascribed above. The City may extend the Term of this Agreement two times for one year each time, for a potential total Term of five years, by providing Contractor notice in writing prior to the expiration of the Term.

SECTION 2. SCOPE OF SERVICES.

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

SECTION 3. ADDITIONAL SERVICES.

Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “ Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall 482
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be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed one million eighteen thousand six hundred dollars ($1,018,600.00), unless additional comp ensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
(b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and pa id 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 constitu te 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.
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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, s tudies, surveys, reports, data, notes, computer files, files or other documents.

All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors’ work notes and drafts, which are owned by Contractor, not City.

SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permi t an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of 484
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such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.
(b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s personnel.

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

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in p roviding services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where 485
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there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

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

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

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

SECTION 12. NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS.

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

SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no 486
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person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will perform non - related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

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

Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said 487
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response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys ’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to off icers, agents, employees or sub contractors of Contractor, in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened , including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to off icers, agents, employees or subcontractors of Contractor.
(c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(d) City’s Negligence . The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not 488
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release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

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

SECTION 18. ASSIGNMENT.

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

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

SECTION 19. CONTINUITY OF PERSONNEL.

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

SECTION 20. TERMINATION OF AGREEMENT.
(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. 489
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Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 21. DEFAULT.

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

SECTION 22. EXCUSABLE DELAYS.

Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the 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: Richard Hicks
12363 Limonite Ave., Suite 910
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Eastvale, CA 91752
To Contractor: True North Compliance Services
3939 Atlantic Avenue, #224
Long Beach, CA 90807

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

SECTION 25. AUTHORITY TO EXECUTE.

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

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the Eastvale Municipal Code . The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required t o, 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 491
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by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

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

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

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

SECTION 32. ENTIRE AGREEMENT.

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

SECTION 33. SEVERABILITY.

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

SECTION 34. CONFLICTING TERMS.

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

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

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

APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney

TRUE NORTH COMPLIANCE

SERVICES

Signature
Isam Hasenin
Name

President
Title

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EXHIBIT "A"

SCOPE OF SERVICES

The scope of services are as follows:

Building and Safety

The selected consultant will be expected to provide on-call staff for inspection, permit tech counter staffing, and plan check services to support the Building and Safety Division, including but not limited to the following:

• Provide building department support staff to include building official, building inspector, permit technicians, and plans examiners/engineers on an on-call basis.
• Review all plans and supporting documents submitted for projects for which a building permit is requested.
• Prepare reports specifying corrections, if needed, and transmit to applicant. • Ability to review projects and provide comments within timelines specified by the City.
• Process plan revisions and verify that corrections have been satisfactorily made in a timely manner.
• Answer public inquiries by telephone, mail, email, virtual meeting, conference call or in person at a public counter regarding plan reviews, application submittal requirements, etc.
• Facilitation of special projects, including but not limited to drafting municipal/zoning code amendments, utilizing tools for data analysis and scenario planning, and providing architectural review.
• All plan review services and inspection staff shall be performed by the International Code Council (ICC), or similarly certified plans examiners and/or licensed professional engineers (State of California), with extensive experience in plan review. All staff utilized by the Consultant shall be appropriately licensed, registered, and certified as required by the State of California and the City to perform each of the specific scopes of work.
• Consultant shall review all plan check applications for accuracy and make all necessary revisions to such items as description, square footage, type of construction, and use. All plan review correction materials including marked-up plans, documents, and plan check correction lists shall be provided in the City desired format to the City representative immediately upon completion of the plan review at no extra charge to the City. This process includes the delivery of a hard copy of the reviewed plan and correction list.
• The City encourages electronic plan submittal. Consultant shall provide plan review and scope of work services through the City’s Electronic Review systems 494

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• DigEplan System access and training will be provided by the City to selected consultants in accordance with City policies and practices. All ePlan records of corrections, approvals, and comments shall be entered in the City's system in a manner that is in accordance with customer service standards and policies.

Code Enforcement (Code Compliance)

The selected consultant shall provide support to the City’s Code Enforcement staff.

CACEO Certification is required. The Code Enforcement services would include, but are not limited to the ability to perform the following:

• Receive and investigate complaints related to housing, zoning, land use, property maintenance, public nuisance violations, and other concerns in the enforcement of the Municipal Code, Uniform Housing Code, CA Building and Health and Safety Codes, and other applicable local, state, and federal laws and regulations. • Conduct research and assessments to determine the validity of alleged code violations with field site inspections. Field surveys and investigations can involve inspections at commercial sites, single and multi-family housing, vacant lots, and other property & structures.
• Compile data and prepare comprehensive and factual investigation reports which may include taking photographs and necessary measurements and gathering of pertinent facts from parties involved in the case.
• Recognize the need for an implementation of appropriate and specific remedial actions to correct violations and notify violators of such to abate violations. • Prepare and issue Warnings, Notices of Violations, Letters of Non-Compliance, and, when necessary, issue administrative citations and appear at hearings or in court, as required.
• Provide interpretation of codes and information on regulations to residents and violators.
• Interface with the public with diplomacy and tact when having to implement and impose codes and policies upon residents to achieve compliance. Conduct inspections and interactions with the public and other City staff according to the City’s purpose and values statement.
• Provide ongoing customer service and serve as a representative of the City when called upon at neighborhood group meetings, hearings, etc. • Coordinate all activities with the City’s Code Enforcement Division and provide other professional code enforcement support services as determined by the City.

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Fire

The selected consultant shall provide plan review and inspection services to support the Fire Department including, but not limited to the following:

• Perform on-call (on-site and off-site) and expedited plan review of submitted residential, commercial, and industrial (structural and non-structural) building plan and fire suppression, detection, alarm system plans. • Perform combination building and life safety inspections for residential, commercial, and industrial in accordance with the approved documents, adopted codes, and standards.
• Ability to review projects and provide comments within timelines specified by the City.
• Answer public inquiries by telephone, mail, or in person at a public counter regarding plan reviews, application submittal requirements, etc. • Ability to write Planning Commission and City Council staff reports, resolutions, ordinances, conditions of approval, and give oral presentations. • Process plan revisions and verify that corrections have been satisfactorily made in a timely manner.
• Ability to work conjointly with the Fire Marshal on projects and services. • Proposing consultant shall provide examples of project management/tracking method

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EXHIBIT "B"

COMPENSATION

497
28 Section V- Cost Proposal
True North Compliance Services is pleased to propose the following competitive fees for the services listed. Additional services not listed below may be negotiated.

Our pricing reflects our commitment to delivering highest quality responsive and timely service to the City of Eastvale. These include:

Reduced plan review turnaround times.

Ability to expedite plan review at the request of the City Building Official.

Implementation of established electronic plan review processes.

Highly qualified staff compensated commensurate with their duties and responsibilities.

PLAN REVIEW SERVICES
True North proposes to charge a percentage of the Plan Review Fees collected by the city as follows. Our fee covers the initial review, and all rechecks. as well as all shipping and delivery of plans to/from City Hall.

Expedited Plan Services: 1.4 x the plan check fees above.

Revisions/Deferred Submittals/RFIs: Hourly per the Table below.

Plan Review Fees
Construction Valuation Fee (Compensation as a percentage of City collected plan Review Fee
$1.00-$1,000,000 65%
$1,000,001- $5,000,000 60%
$5,000,0001- $10,000,000 55%
Over $10,000,001 50%
498
29 Additional Services: The following hourly rate table applies to on-site staffing services and/or additional services included in our Scope of Services that may be required by the City of Eastvale. Our hourly rates are all-inclusive and include salaries, overhead, benefits, PTO, etc.

Hourly Rates for Additional Services
Position Hourly Rate
Principal In Charge $150.00
Senior Project Manager $140.00
Project Manager $130.00
Interim Building Official $140.00
Plan Review Engineer $125.00
Senior Plan Review Engineer $140.00
Licensed Fire Protection Engineer $140.00
Certified Plans Examiner I $110.00
Certified Plans Examiner II $125.00
Building/Housing Inspector I $95.00
Building/Housing Inspector II $110.00
Senior Building/Housing Inspector $120.00
CASp Plan Reviewer/Inspector $135.00
Permit Technician I $75.00
Permit Technician II $85.00
Fire Plan Reviewer/Inspector I $115.00
Fire Plan Reviewer/Inspector II $130.00
Grading/Public Improvements Plan Review Engineer I $135.00 Grading/Public Improvements Plan Review Engineer
II
$155.00
Planner $145.00
499
30 Senior Planner $165.00
Principal Planner $180.00
Administrative Assistant $65.00

- Overtime for on-site staffing will be charged at 140% of the rates above. - Mileage for tasks related to requested scope such as inspections or site visits will be charged at the current IRS mileage rate measured from City Hall. - Inspections outside of the City’s business hours will be charged at 140% of rates above with a 3-hour minimum.
- Incidental expenses will be charged at cost.

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EXHIBIT "C"

INSURANCE

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

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

Contractor shall provide the following scope and limits of insurance:

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

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

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

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

(4) Professional Liability . Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional three (3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.

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

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

(2) Automobile. $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of 501

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not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.

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

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

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

1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written no tice by certified mail, return receipt requested, has been given to City.

2. Commercial General Liability and Automobile Liability Coverages.

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

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

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

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

3. Workers' Compensation Coverage . Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation 502

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against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.

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

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

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

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

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18 V. Cost Proposal
VCA Code | 1845 W. Orangewood Ave., #210, Orange, CA 92868 | 714.363.4700 City of Eastvale
RFP On-Call Plan Check, Building Inspection,
Code Enforcement Consulting Services
V. Cost Proposal
VCA Code proposes the following competitive fee structure for outsourced plan review and contract staffing. By partnering with VCA Code, the City will benefit from:
➢ Consistent quality because VCA works as an extension of city staff ➢ Expertise in electronic plan check and various permitting software ➢ Proposed rate structure allows flexibility depending on City’s needs. Rates are all-inclusive ➢ Reliability in working with an established consultant lead by former municipal officials/staff Outsourced Plan Check
Compensation for outsourced plan review will be based on experience and discussions with the City as requested. There is no charge for pick-up/drop-off of plans.

Service VCA Fee
Building Plan Review (includes 3 reviews) (billed at $240 min.) Valuation ≤$500,000 77% of City collected plan check fee Valuation >$500,000 70% of City collected plan check fee Revisions, Reviews Beyond 3rd Check, Meetings, Other Projects as Agreed Upon ICC Plans Examiner $120 to $130 per hour
Engineering Plans Examiner $130 to $145 per hour
Structural Engineer $145 to $160 per hour
Fire Plan Review $125 to $135 per hour
CASp Review $145 to $160 per hour
Expedited Plan Review 1.5x
Contract Staffing
Compensation for staff placed through VCA will be based on experience and an agreement between the City and VCA (continues on next page).

Service/Function (DOE) Hourly Rate
Principal-in-Charge $175.00 to $195.00
Senior Project Manager $160.00 to $180.00
Project Manager $145.00 to $165.00
Building Official $140.00 to $175.00
Plans Examiner $125.00 to $135.00
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19 V. Cost Proposal
VCA Code | 1845 W. Orangewood Ave., #210, Orange, CA 92868 | 714.363.4700 City of Eastvale
RFP On-Call Plan Check, Building Inspection,
Code Enforcement Consulting Services
Service/Function (DOE) Hourly Rate
Engineering Plans Examiner $135.00 to $150.00
Building Inspector $85.00 to $95.00
Combination Building Inspector / Senior Inspector $95.00 to $105.00 Code Enforcement Officer $85.00 to $95.00
Permit Technician $70.00 to $80.00
Senior Permit Technician $80.00 to $90.00
CASp Services (Inspection & Plan Review) $145.00 to $155.00 Additional Services
Service/Function (DOE) Hourly Rate
Code Enforcement Supervisor $95.00 to $105.00
Supervisor for Permit Tech / Counter Services $95.00 to $115.00 Administrative Personnel $60.00 to $70.00
Fire Services (Inspection & Plan Review) $145.00 to $155.00 CalGreen Inspector / Manager Services $105.00 / $135.00 City Planner / Planning Manager $175.00 to $195.00
Senior Planner / Principal Planner $145.00 to $165.00
Zoning Administrator $125.00 to $145.00
Associate Planner $105.00 to $135.00
Assistant Planner / Counter Services $90.00 to $105.00
Planning Technician / Assistant $70.00 to $85.00
Notes:
• VCA charges the current IRS Mileage Rate for mileage incurred from city work. • Rates may be adjusted annually based on CPI when agreed upon by the City. • VCA may charge a 2-hour minimum for work and meetings.

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18 V. Cost Proposal
VCA Code | 1845 W. Orangewood Ave., #210, Orange, CA 92868 | 714.363.4700 City of Eastvale
RFP On-Call Plan Check, Building Inspection,
Code Enforcement Consulting Services
V. Cost Proposal
VCA Code proposes the following competitive fee structure for outsourced plan review and contract staffing. By partnering with VCA Code, the City will benefit from:
➢ Consistent quality because VCA works as an extension of city staff ➢ Expertise in electronic plan check and various permitting software ➢ Proposed rate structure allows flexibility depending on City’s needs. Rates are all-inclusive ➢ Reliability in working with an established consultant lead by former municipal officials/staff Outsourced Plan Check
Compensation for outsourced plan review will be based on experience and discussions with the City as requested. There is no charge for pick-up/drop-off of plans.

Service VCA Fee
Building Plan Review (includes 3 reviews) (billed at $240 min.) Valuation ≤$500,000 77% of City collected plan check fee Valuation >$500,000 70% of City collected plan check fee Revisions, Reviews Beyond 3rd Check, Meetings, Other Projects as Agreed Upon ICC Plans Examiner $120 to $130 per hour
Engineering Plans Examiner $130 to $145 per hour
Structural Engineer $145 to $160 per hour
Fire Plan Review $125 to $135 per hour
CASp Review $145 to $160 per hour
Expedited Plan Review 1.5x
Contract Staffing
Compensation for staff placed through VCA will be based on experience and an agreement between the City and VCA (continues on next page).

Service/Function (DOE) Hourly Rate
Principal-in-Charge $175.00 to $195.00
Senior Project Manager $160.00 to $180.00
Project Manager $145.00 to $165.00
Building Official $140.00 to $175.00
Plans Examiner $125.00 to $135.00
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19 V. Cost Proposal
VCA Code | 1845 W. Orangewood Ave., #210, Orange, CA 92868 | 714.363.4700 City of Eastvale
RFP On-Call Plan Check, Building Inspection,
Code Enforcement Consulting Services
Service/Function (DOE) Hourly Rate
Engineering Plans Examiner $135.00 to $150.00
Building Inspector $85.00 to $95.00
Combination Building Inspector / Senior Inspector $95.00 to $105.00 Code Enforcement Officer $85.00 to $95.00
Permit Technician $70.00 to $80.00
Senior Permit Technician $80.00 to $90.00
CASp Services (Inspection & Plan Review) $145.00 to $155.00 Additional Services
Service/Function (DOE) Hourly Rate
Code Enforcement Supervisor $95.00 to $105.00
Supervisor for Permit Tech / Counter Services $95.00 to $115.00 Administrative Personnel $60.00 to $70.00
Fire Services (Inspection & Plan Review) $145.00 to $155.00 CalGreen Inspector / Manager Services $105.00 / $135.00 City Planner / Planning Manager $175.00 to $195.00
Senior Planner / Principal Planner $145.00 to $165.00
Zoning Administrator $125.00 to $145.00
Associate Planner $105.00 to $135.00
Assistant Planner / Counter Services $90.00 to $105.00
Planning Technician / Assistant $70.00 to $85.00
Notes:
• VCA charges the current IRS Mileage Rate for mileage incurred from city work. • Rates may be adjusted annually based on CPI when agreed upon by the City. • VCA may charge a 2-hour minimum for work and meetings.

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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.9
September 25, 2024
Approval of a Purchase Order with Opengov for Cartegraph Prepared By:

Jimmy Chung, Public Works Director/ City Engineer
Recommended Action(s)
Staff recommends that the City Council approve a purchase order with Opengov for Categraph, Public Works Asset Management So%ware, in the amount of $45,769.83 for FY24-25 annual subscription.

Summary
Cartegraph is an asset management so%ware which assists municipali3es to effec3vely and efficiently inventory, manage, and maintain their infrastructures such as streets, traffic signals, sidewalks, street lights, curb ramps, gu5er, landscape area, trees, irriga3on, traffic signs, street signs, fleet, machinery, and equipment.

Background
The City of Eastvale Public Works oversees 415 miles of streets, 350 miles of sidewalks, 55 signalized intersec3ons, 1,200 catch basins, 8,000 traffic signs, and 4,300 street lights. The Department has been u3lizing a Work and Asset Management system by Cartegraph since 2023 to inventory City assets. One of the main implementa3on tasks involve taking inventory of the City's assets and popula3ng the data into the so%ware to commence with tracking and record keeping of the asset's
condi3ons, values, and overall work history. Fully u3lizing the so%ware will allow day-to-day
management of work ac3vi3es by effec3vely scheduling work orders, tracking asset condi3on, and work history throughout the City.

On June 28, 2023, the City Council approved procurement and one year subscrip3on (ini3al term) of Cartegraph. Cartegraph is a product provided by OpenGov. Pursuant to the terms and condi3ons of 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
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the exis3ng agreement with Opengov (A5achment 3), the agreement automa3cally renews for another period of the same dura3on as the ini3al term (Sec3on 7.2). Although the agreement is authorized through 2025, the expenditure of funds for annual subscrip3on was not approved in prior Council ac3ons. At this 3me, staff recommends approval of a purchase order for another year, FY24-25. Staff will come back before the Council to seek approval for mul3ple year subscrip3on at a later date.

Environmental
No environmental review pursuant to CEQA is required.

Strategic Plan Action - Priority Level: N/A
| Target #: 5
| Goal #: 3
Plan for landscape, roads, and street maintenance.

Fiscal Impact
The fiscal year 2024-25 budget includes $156,500 in available General Fund account number 100- 320-6615 (Computer Hardware/Software).

Prior City Council/Commission Action
On June 28, 2023, the City Council approved procurement and one year subscrip3on (ini3al term) of Cartegraph.

Attachment(s)
Attachment 1 - Scope of Work

Attachment 2 - Fee Proposal

Attachment 3 -
Original agreement with Opengov
for Opengov software

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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Cartegraph OMS – Implementation Scope of Work

Implementation of the Operations Management System (OMS) includes the following professional services:

Setup

• Cartegraph will setup a hosted, sandbox and production OMS environment. • Cartegraph will provide an overview, up to two (2) hours, of Cartegraph and ArcGIS Online user-based logins and User/Role functionality.
• Cartegraph will provide a template file to be utilized by your staff to populate Role s and Users to be utilized for OMS.
• Cartegraph will utilize the template to create users and roles in OMS. (Note: Subsequent User and/or Role changes will be your administrator’s responsibility.) • Cartegraph will provide documentation and guidance, up to fo ur (4) hours, for your technical GIS staff to configure Esri Basemap Services for OMS integration. Guidance will be geared towards OMS/Esri integration functionality and requirements. • Cartegraph will setup the OMS Platform, including the Request, Work, Res ource, and Asset Management areas of the software. Asset Management solutions will be setup for all solutions referenced in the Assets section of the scope unless otherwise noted.

Consulting

• Cartegraph will provide a three -day (3 -day) onsite requirement gathering workshop to increase our understanding of your business and functional goals. Through workshops and interviews, Cartegraph will identify best fit scenarios for OMS and provide a brief including any challenges as well as recommendations for OMS be st practices relevant to your implementation.

Configurations

• Cartegraph will provide configuration services, including:
o Up to five (5) custom fields and up to one (1) custom layout per asset type listed in the Assets section below
o Up to ten (10) custom fields and up to five (5) custom layouts to be utilized in any of the shared areas of the system, such as Tasks
o Up to five (5) automations
o Up to five (5) preventative maintenance plans

Training

• Cartegraph will provide remote train -the-trainer training, up to four (4) hours, on overall system navigation and functionality to help familiarize your staff with the software environment and its common functions. Training topics include:
o Dashboards
o Standard KPI/ROI Gadgets
o Logins/Permission
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o Layers
o Filters
o Maps
o Grids
o System Navigation
o Views (List & Detail)
o Standard Reports
o Attachments
o Requests, Work, Assets, Resources, Reports, and Administrator Tabs

• Cartegraph will provide remote train-the-trainer training, up to two (2) hours, on OMS Esri integration functionality. Training topics include:
o OMS Esri integration configuration options
o Integration functionality (basemap and feature)
o Overall Esri integration requirements, considerations, and Cartegraph recommended best practices

• Cartegraph will provide a three-day (3-day) onsite "train-the-trainer" training event. The training agenda will be defined and agreed upon by both Cartegraph and your project manager. Topics may include any of the following:

o Request Management:
▪ Requests
▪ Requesters
▪ Task Creation from Requests
▪ Issue library (including settings such as Applies to Asset and Non - Location)
▪ Cartegraph recommended best practices for Request and Requester Management

o Work Management:
▪ Create Task(s) (Asset/Non-Asset)
▪ Assignments (Add, Edit, Remove)
▪ Task Menu Actions
▪ Related Work Items
▪ Create Work Order
▪ Associate Task to WO
▪ Repeat Work Orders
▪ Work Order Menu Actions
▪ Enter Resources
▪ Timesheets
▪ Activity library (including settings such as Applies to Asset, Inspection, Key Dates, Cost, and Productivity)
▪ Cartegraph recommended best practices for Work Management

o Asset Management:
▪ Asset Details
▪ Preventative Maintenance Plans
▪ Inspections
▪ Linked assets (if applicable)
▪ Container/Component Relationships (if applicable)
▪ Cartegraph recommended best practices for Asset Management

To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset section of the scope. 551

o Fleet Management:
▪ Preventative Maintenance
▪ Task Management
▪ Vehicle Replacement Ratings (VRR) Equipment Detail information ▪ Fleet Reports
▪ Cartegraph recommended best practices for Fleet Management o Resource Management:
▪ Resource Details
▪ Labor/Equipment Rates
▪ Material Management (Stock, Usage, Adjustments)
▪ Vendor Price Quotes
▪ Cartegraph recommended best practices for Resource Management

o Cartegraph Mobile:
▪ Overall system functionality (Navigation, Interface, Maps, Attachments, Sorting)
▪ Work Management
• Create and Update Tasks (Asset/Non-Asset)
• Assign Tasks
• Enter Resources
• Inspections
▪ Asset Management
• Create and Update Assets
▪ Request Management
• View and Update Requests
• View Requester information
• Create Task from Request
▪ Cartegraph recommended best practices for mobile device use

o Administrator:
▪ Administrator:
• User Administration, Role Administration, Asset Administration, Record Filter Administration, Import/Export, Scheduled Process Log, Error Log ▪ Settings:
• System Settings, Map Administration, Geocode Settings, GIS Integration settings, Asset Color Manager
▪ Manager:
• Layout Manager, Library Manager, Preventative Maintenance, Asset Condition Manager, Notification Manager, Structure Manager, Automation Manager

• Cartegraph will provide remote train-the-trainer training, up to six (6) hours, on OMS Reporting functionality. Training topics include:
o Security/Roles
o Report Designer
▪ Report Types, Report Styling, Filtering \Parameters, Basic Formulas, Grouping/Sorting
o Report Viewer
o Reporting best practices and solution tips/tricks.

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• Cartegraph will provide remote train -the-trainer training, up to four (4) hours, on Preventative Maintenance Plans functionality. Training topics include:
o Preventative Maintenance
o Cartegraph recommended best practices for proactive asset management

To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset section of the scope.

• Cartegraph will provide remote train-the-trainer training, up to four (4) hours, on Advanced Inspections and Asset Condition Manager functionality. Training topics include:
o Performance Management
▪ Prediction Groups
▪ Minimum Condition Groups
▪ Activities and Impacts
▪ Criticality Factor
▪ Install/Replaced Dates
o Cartegraph recommended best practices for advanced inspections and condition management

To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset section of the scope.

• Cartegraph will provide remote train -the-trainer training, up to two (2) hours, on Asset Builder functionality. Training topics include:
o OMS Administrator
▪ Structure Manager
▪ Library Manager
▪ Layout Manager
▪ User/Role Configurations
o Cartegraph recommended best practices for expanding the system’s use and/or building assets
• Cartegraph will provide remote train -the-trainer, up to two (2) hours, on the Integration Toolkit functionality. Training topics include:
o API
o Webhooks
o Scheduled Import/Export
o Cartegraph recommended best practices for utilizing the Integration Toolkit

Go-Live Support

• Cartegraph will provide up to two (2) remote web conferences (not to exceed 4 hours total) to be utilized for Go -Live Support. The agenda will be defined, and agreed upon, by bo th your and Cartegraph’s project managers. Topics may include any of the following:
o Refresher training for items listed in the scope of work o Software and process support for staff during production roll out o Field, Layout, and Report configuration guidance, if applicable

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Data Services

• Cartegraph will provide one sandbox and one production data load service through standard import/export functionality. Cartegraph will provide template documents for data population. Once populated by your staff, Cartegraph will load the data into your sandbox or production OMS environment. Data loads may include data such as:
o Parent level asset records
o Asset location (spatial x/y) attributes
o Parent level resource (Labor, Equipment Material, Vendor) records o Resource Rate (Labor, Equipment, Material) records
o Standard system libraries

Assets

Asset implementation includes the following professional services:
• Cartegraph will provide installation and training on the following fifty-three (53) asset types:

o Facilities (25)
▪ Facility; Other Site Construction; Selective Building Demolition; Site Improvement; Site Preparation; Facility Floor; Basement Construction; Conveying; Exterior Enclosures; Facility Electrical; Facility Equipment; Fire Protection; Foundations; Furnishings; HVAC; Interior Construction; Interior Finishes; Plumbing; Roofing; Site Electrical Utilities; Site Mechanical Utilities; Spaces; Special
Construction; Stairs; Superstructure

o Signals (8)
▪ Preemption; Signal Cabinet; Signal Head; Traffic Camera; Signalized Intersection; Signal Controller; Signal Monitor; Traffic Detector

o Stormwater (9)
▪ Storm Basin; Storm Channel; Storm Culvert; Storm Facility; Storm Inlet; Storm Manhole; Storm Outlet; Storm Pipe; Storm Pump

o Transportation (8)
▪ Bridge; Light Fixtu re; Pavement; Sign; Guardrail; Marking; Pavement Area; Support

o Walkability (3)
▪ ADA Ramp;Tree; Sidewalk

Cartegraph will provide all services remotely via audio ; video; and web conferences unless otherwise noted.

Exclusions

The following service items are not included in the scope of this project:
• Implementation of any custom modification or integration developed by Cartegraph ; your internal staff; or any third-party is not included in the scope of this project unless specifically listed above.
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• Data conversion services from other software system(s) or sources (including Cartegraph Navigator databases) are not included in the scope of this project unless specifically listed above.
• Any service items discussed during demonstrations; conference calls; or other events are not included in the scope of this project unless specifically listed above.

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Invoice: INV14609
OpenGov.com   1 of 1
OpenGov, Inc.
660 3rd Street
Suite 100
SAN FRANCISCO CA 94107
United States
Invoice Date:7/1/2024
Due Date:7/31/2024
Terms:Net 30

Bill To Details:

Accounts Payable
City of Eastvale, CA
12363 Limonite Ave, Suite 910
Eastvale CA 91752
United States
[email protected]
Charge Summary
Description Service Period Qty Amount Tax Amount Total
Facilities Domain 7/1/2024 - 6/30/2025 1 6,132.24 0.00 6,132.24 Transportation Domain 7/1/2024 - 6/30/2025 1 5,299.69 0.00 5,299.69 Asset Management 7/1/2024 - 6/30/2025 1 26,564.96 0.00 26,564.96 Signal Domain 7/1/2024 - 6/30/2025 1 1,766.52 0.00 1,766.52 Stormwater Domain 7/1/2024 - 6/30/2025 1 3,533.17 0.00 3,533.17 Walkability Domain 7/1/2024 - 6/30/2025 1 2,473.25 0.00 2,473.25 Subtotal $45,769.83
Tax (0%) $0.00
Invoice Total (USD) $45,769.83
Credits/Payments $0.00
Amount Due $45,769.83
Payment Instructions
Payment by ACH (Preferred):     Payment by Wire Transfer:

Beneficiary: OpenGov, Inc.

Credit Account Number: 957538686
Routing Number: 322271627
Beneficiary: OpenGov, Inc.

Routing Number: 021000021
Account Number: 957538686
Bank Address: New York, NY 10017

Express Mail (FedEx/UPS):     US Mail:

Attn: OpenGov, Inc.

Lockbox #103366
2710 Media Center Dr.

Bld #6, STE #120
Los Angeles, CA 90065
OpenGov, Inc.

PO Box 103366
Pasadena, CA 91189-3366
When submitting payment please reference INV14609. For any billing inquiries please email [email protected]. 556
A- 2022- 009

OPENGOV SOFFWARE SERVICES AGREEMENT

OPENGOV SOFTWARE SERVICES AGREEMENT
This Software Services Agreement ( this " Agreement") is entered into by OpenGov, Inc., a Delaware corporation with a principal place of business at 6525 Crown Blvd #41340, San Jose, CA 95160 ("OpenGov") and the customer listed on the signature block below (" Customer"), as of the date of last signature below ( the " Effective Date"). This Agreement sets forth the terms under which Customer will be permitted to use OpenGov' s hosted software services.

1. DEFINITIONS
Customer Data" means data that is provided by Customer to OpenGov pursuant to this Agreement ( for example, by email or through Customer' s software systems of record). Customer Data shall not include any confidential personally identifiable information.

Documentation" means the documentation for the Software Services at the Customer Resource Center page found at https:// opengov. zendesk. com.

Feedback" means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums.

Initial Term" means the initial license term specified in number of years on the Order Form, commencing on the Effective Date.

Intellectual Property Rights" means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature.

Order Form" means OpenGov' s Software Services order form that: ( a) specifies the Software Services provided by OpenGov; ( b) references this Agreement; and ( c) is signed by authorized representatives of both parties.

Renewal Term" means each additional renewal period, which shall be for a period of equal duration as the Initial Term, for which this Agreement is extended pursuant to Section 7.2.

2. SOFTWARE SERVICES, SUPPORT AND PROFESSIONAL SERVICES

2. 1 Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to perform the software services identified in the applicable Order Form entered into by OpenGov and Customer (" Software Services").

2.2 import & Service Levels. Customer support is available by email to support@opengov. com or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov' s standard business hours. Customer may report issues any time. However, OpenGov will address issues during business hours. OpenGov will provide supportforthe SoftwareServices in accordancewith the Supportand SoftwareService Levels found at https://opengov.com/ service-sla, as longas Customeris entitledto receivesupport under the applicable Order Form and this Agreement. 2.
3 ProfessionalServices a)
If OpenGovor its authorizedindependentcontractors provides professionalservices to Customer, such as implementation services, then theseprofessionalservices will be describedin a statementof work ("SOW") agreed to by theparties (the " ProfessionalServices"). Unless otherwisespecified in theSOW, any pre -paidProfessionalServices Fees must be utilizedwithin one ( 1) yearfrom the EffectiveDate. Any unusedpre - paidProfessionalServices Fees shall be forfeited. b)
Unlessthe SOWprovidesotherwise, all reasonabletravel expenses, pre - approvedby Customerand incurred by OpenGovin performingthe professionalservices will be reimbursedby Customer. Travel expensesRev. 2018. 01_ 210428NA
557

OPENGOV SOFTWARE SERVICES AGREEMENT
include cost of coach airfare travel round trip from the individual's location to Customer's location, reasonable hotel accommodations, ground transportation and meals.

3. RESTRICTIONS AND RESPONSIBILITIES

3. 1 Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement. Customer shall not, and shall not permit or enable any third party to: ( a) use or access any of the Software Services to build a competitive product or service; ( b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services ( except to the extent applicable laws specifically prohibit such restriction); ( c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; ( d) perform or disclose any benchmarking or performance testing of the Software Services; ( e) remove any proprietary notices included with the Software Services; ( f) use the Software Services in violation of applicable law; or ( g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform.

3. 2 Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third party software systems of record ( such as Customer' s ERP systems) needed to connect to, access or otherwise use the Software Services. Customer also shall be responsible for: ( a) ensuring that such equipment is compatible with the Software Services, ( b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov.

4. INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANTS; ACCESS TO CUSTOMER DATA

4. 1 Software Services. OpenGov retains all right, title, and interest in the Software Services and all Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov and Customer may not copy, imitate, or use them, in whole or in part, without OpenGov' s prior written consent. Subject to Customer' s obligations under this Agreement, OpenGov hereby grants to Customer a non-exclusive, royalty -free license during the Term to use the Software Services.

4. 2 Customer Data. Customer retains all right, title, and interest in the Customer Data and all Intellectual Property Rights therein. Customer hereby grants to OpenGov a non-exclusive, royalty -free license to, and permit its partners which include, without limitation the hosting providers of the Software Services) to, use, store, edit and reformat the Customer Data, and to use Customer Data for purposes of sales, marketing, business development, product enhancement, customer service, or for analyzing such data and publicly disclosing such analysis (" Insights"), provided that in all such uses Customer Data is rendered anonymous such that Customer is no longer identifiable.

4. 3 Access to Customer Data. Customer may download the Customer Data from the Software Services at any time during the Term, other than during routine software maintenance periods. OpenGov has no obligation to return Customer Data to Customer.

4. 4 Feedback. Customer hereby grants to OpenGov a non- exclusive, royalty -free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services and Documentation Customer' s Feedback.

OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer's Feedback including all Intellectual Property Rights in and to the improvements and modifications.

5. CONFIDENTIALITY

5. 1 Each party ( the " Receiving Party") agrees not to disclose any Confidential Information of the other party ( the Disclosing Party") without the Disclosing Party' s prior written consent, except as provided below. The Receiving Party further agrees: ( a) to use and disclose the Confidential Information only in connection with this Agreement; and ( b) to protect such Confidential Information using the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding the above, the Receiving Party may disclose Confidential Information to the extent required by law or court order, provided that prior written notice of such required disclosure and an opportunity to oppose or limit disclosure is given to the Disclosing Party.

Rev. 2018. 01 _ 210428NA
558

OPENGOV SOFTWARE SERVICES AGREEMENT

5. 2 " Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as " Confidential" or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/ or the circumstances surrounding the disclosure ( including the terms of the applicable Software Agreement). OpenGov' s Confidential Information includes, without limitation, the software underlying the Software Services and all Documentation.

5. 3 Notwithstanding the foregoing, " Confidential Information" does not include: ( a) " Public Data," which is data that the Customer has previously released to the public, would be required to release to the public, upon request, according to applicable federal, state, or local public records laws, or Customer requests OpenGov make available to the public in conjunction with the Software Services. Confidential Information does not include ( b) information that has become publicly known through no breach by the receiving party; (c) information that was rightfully received by the Receiving Party from a third party without restriction on use or disclosure; or (d) information independently developed by the Receiving Party without access to the Disclosing Party's Confidential Information.

6. PAYMENT OF FEES

6. 1 Fees; Invoicing; Payment; Expenses.
a) Fees. The fees for the Software Services for the Initial Term and any Renewal Term ("Software Services Fees") and the fees for Professional Services (" Professional Services Fees") are set forth in the applicable Order Form. Software Services Fees and Professional Services Fees shall hereafter be referred to as " Fees". Except to the extent otherwise expressly stated in this Agreement or in an Order Form, ( i) all obligations to pay Fees are non - cancelable and all payments are non- refundable, ( ii) Customer must pay all Fees due under all Order Forms and SOW within thirty ( 30) days after Customer receives each invoice ( invoices are deemed received when OpenGov emails them to Customer's designated billing contact); ( iii) the Software Service Fee shall be due annually in advance, and (iv) Customermustmakeall paymentswithoutsetoffs, withholdingsor deductionsof anykind. b) Annual Software Maintenance Price Adjustment. OpenGov shall increase the Fees payable for the Software Services during any Renewal Term by 5% each year of the Renewal Term. c) Invoicing and Payment. OpenGov will invoice the Customer according to the Billing Frequency listed on the Order Form. Customer shall pay all invoices according to the Payment Terms listed on the Order Form. d) Travel Expenses. Unless the SOW provides otherwise, OpenGov will invoice Customer for travel expenses, pre -approved by the Customer, incurred in connection with each SOW as they are incurred. Customer shall pay all such valid invoices within thirty ( 30) days of receipt of invoice. Each invoice shall include receipts for the travel expenses listed on the invoice.
e) Customer Delays; On Hold Fee.

I. On Hold Notice. Excluding delays caused by Force Majeure as described in Section 10.5, if OpenGov determines that Customer's personnel or contractors are not completing Customer's responsibilities described in the applicable SOW timely or accurately, OpenGov shall promptly, but in no event more than thirty ( 30) days from the date of such determination deliver to Customer a notice ( an " On Hold Notice") that A) designates the Professional Services to be provided to the Customer as " On Hold", ( B) detail Customer' s obligations and responsibilities necessary for OpenGov to continue performing the Professional Services, and C) specify the Customer shall be invoiced for lost time in production (e.g. delayed or lost revenue resulting from rescheduling work on other projects, delay in receiving milestone payments from Customer, equipment, hosting providers and human resources idle) for a fee equal to 10% of the first year Software Service Fee ( the On Hold Fee").

II. Effects of On Hold Notice. Upon issuing an On Hold Notice, OpenGov shall be entitled, without penalty, to ( A) reallocate resources otherwise reserved for the performance of the Professional Services, and B) stop or caused to be stopped the Professional Services to be provided to the Customer until the Customer has fulfilled its obligations as set forth in the On Hold Notice. OpenGov shall remove the "On Hold" status, only upon Customer's fulfillment of its obligations set out in the On Hold Notice, including payment of the On Hold Rev. 2018. 01 _ 210428NA
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Fee. Upon Customer' s fulfillment of its obligations in the On Hold Notice, OpenGov may, in its sole discretion, extend the timeline to complete certain Professional Services up to six ( 6) weeks, depending on the availability of qualified team resources ( OpenGov cannot guarantee that these team resources will be the same as those who were working on the project prior to it being placed On Hold). OpenGov shall bear no liability or otherwise be responsible for delays in the provision of the Professional Services occasioned by Customer' s failure to complete Customer' s responsibilities or adhere to a Customer schedule which were brought to the attention of the Customer on a timely basis, unless such delays result, directly or indirectly from the failure of OpenGov or its authorized independent contractors to perform the Professional Services in accordance with this Agreement or applicable SOW.

6. 2 Consequences of Non -Payment. If Customer fails to make any payments required under any Order Form or SOW, then in addition to any other rights OpenGov may have under this Agreement or applicable law, ( a) Customer will owe late interest penalty of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower and (b) If Customer's account remains delinquent (with respect to payment of a valid invoice) for thirty ( 30) days after receipt of a delinquency notice from OpenGov, which may be provided via email to Customer's designated billing contact, OpenGov may temporarily suspend Customer's access to the Software Service for up to ninety (90) days to pursue good faith negotiations before pursuing termination in accordance with Section 7. Customer will continue to incur and owe all applicable Fees irrespective of any such Service suspension based on such Customer delinquency.

6. 3 Taxes. All Fees under this Agreement are exclusive of any applicable sales, value- added, use or other taxes Sales Taxes"). Customer is solely responsible for any and all Sales Taxes, not including taxes based solely on OpenGov' s net income. If any Sales Taxes related to the Fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest, and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such tax exempt status, proper exemption certificates or other documentation acceptable to OpenGov.

7. TERM & TERMINATION

7. 1 Term. Subject to compliance with all terms and conditions, the term of this Agreement shall commence on the Effective Date and shall continue until the Subscription End Date specified on the Order Form ( the " Initial Term") unless sooner terminated pursuant to Section 7.3 below.

7. 2 Renewal. This Agreement shall automatically renew for another period of the same duration as the Initial Term the " Renewal Term" and together with the Initial Term, the " Term"), unless either party notifies the other party of its intent not to renew this Agreement in writing no less than thirty ( 30) days before the end of the Initial Term.

7. 3 Termination. Neither party shall have the right to terminate this Agreement without a legally valid cause. If either party materially breaches any term of this Agreement and fails to cure such breach within thirty ( 30) days after notice by the non -breaching party ( ten ( 10) days in the case of non- payment), the non -breaching party may terminate this Agreement. Additionally, Customer may terminate this Agreement, upon providing at least ninety 90) days notice prior to the annual anniversary date of the Agreement (" Anniversary Date") upon the occurrence of an Event of Nonappropriation as defined below. An " Event of Nonappropriation" occurs when prior to each Anniversary Date: a) Customer uses all efforts that are lawful and within Customer' s official power, to secure the appropriate funds for the next year' s Fees, including indicating the Software Services serve an essential purpose to Customer; and b) Customer has not acquired, used or issued a proposal for similar products or services during this period or has not hired any third party or allowed its own employees to use other services in place of the Software Services. Customer shall permit OpenGov to assist with the efforts in a) above, including providing OpenGov with direct access to Customer' s applicable appropriations team.

7. 4 Effect of Termination.
a) In General. Upon termination pursuant to Section 7.3 or expiration of this Agreement pursuant to Section

7. 1: ( a) Customer shall pay in full for all Software Services and Professional Services performed up to and including the effective date of termination or expiration, ( b) all Software Services provided to Customer hereunder shall Rev. 2018. 01 _ 210428 NA
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immediately terminate; and (c) each party shall return to the other party or, at the other party's option, destroy all Confidential Information of the other party in its possession. b) Deletion of Customer Data. Unless otherwise requested pursuant to this Section 7.4( b), upon the expiration or termination of this Agreement the Customer Data, excluding any Insights, shall be deleted pursuant to OpenGov' s standard data deletion and retention practices. Upon written request, Customer may request deletion of Customer Data, excluding any Insights, prior to the date of termination or expiration of this Agreement. Such request must be addressed to " OpenGov Vice President, Customer Success" at OpenGov' s address for notice described at Section 10.

7. 5 Survival. The following sections of this Agreement shall survive termination: Section 5 (Confidentiality), Section 6 ( Payment of Fees), Section 7. 4( b) ( Deletion of Customer Data), Section 8.3 ( Warranty Disclaimer), Section 9 Limitation of Liability) and Section 10 ( Miscellaneous).

8. REPRESENTATIONS AND WARRANTIES; DISCLAIMER

8. 1 By OpenGov.
a) General Warranty. OpenGov represents and warrants that: ( i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related statement of work and generally prevailing industry standards. For any breach of the Professional Services warranty, Customer's exclusive remedy and OpenGov's entire liability will be the re -performance of the applicable services. If OpenGov is unable to re -perform all such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work. Customer must make any claim under the foregoing warranty to OpenGov in writing within ninety (90) days of performance of such work in order to receive such warranty remedies.
b) Software Services Warranty. OpenGov further represents and warrants that for a period of ninety (90) days, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error - free. Any claim submitted under this Section 8. 1(b) must be submitted in writing to OpenGov during the Term. OpenGov's entire liability for any breach of the foregoing warranty is to repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre- paid, unused portion of the Fee for such Software Services.

8. 2 By Customer. Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this Agreement; and ( ii) OpenGov's use of the Customer Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party.

8. 3 Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED " AS IS" AND OPENGOV DISCLAIMS ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON - INFRINGEMENT.

9. LIMITATION OF LIABILITY

9. 1 By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES,

CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT

MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: ( A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; ( B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR ( C) FOR

ANY MATTER BEYOND SUCH PARTY' S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

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9. 2 By Amount. IN NO EVENT SHALL EITHER PARTY' S AGGREGATE, CUMULATIVE LIABILITY FOR ANY

CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY

CUSTOMER TO OPENGOV ( OR, IN THE CASE OF CUSTOMER, PAYABLE) FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.

9. 3 Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: ( a) claims based on either party' s intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party and (c) either party's unauthorized use, distribution, or disclosure of the other party's intellectual property.

9. 4 No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer.

10. MISCELLANEOUS

10.1 Logo Use. OpenGov shall have the right to use and display Customer's logos and trade names for marketing and promotional purposes in connection with OpenGov's website and marketing materials, subject to Customer's trademark usage guidelines provided to OpenGov.

10.2 Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone communications. However, for notices, including legal notices, required by the Agreement (in Sections where the word "notice" appears) the parties must communicate more formally in a writing given by personal delivery, by pre- paid first- class mail or by overnight courier to the address specified in the most recent Order Form ( or such other address as may be specified in writing in accordance with this Section).

10.3 Anti -corruption. OpenGov has not offered or provided any bribe, kickback, illegal or improper payment, gift, or thing of value to any Customer personnel in connection with the Agreement, other than reasonable gifts and entertainment provided Customer in the ordinary course of business. If OpenGov become aware of any violation of the above restriction then OpenGov shall promptly notify Customer.

10.4 Iniunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party's intellectualpropertymay resultin seriousand irreparableinjuryto the aggrievedpartyfor which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy.

10.5 Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third -party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing.

10.6 Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non -enforcement. There are no third -party beneficiaries to this Agreement.

10.7 Assignment. Except as set forth in this Section, neither party shall assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party' s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to: ( i) its corporate affiliate; or ( ii) any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement shall inure to the benefit of and bind each parry' s permitted assigns and successors.

10.8 Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect.

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10.9 Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.

10.10 Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement shall be only in the Federal or State court with competent jurisdiction located in San Mateo County, California, and the parties hereby submit to the personal jurisdiction and venue therein.

10.11 Complete Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

SIGNATURE PAGE TO FOLLOW]
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DocuSign Envelope ID: 9F41914C. 8AFF- 451 F-8892- 2OA61 D59COF2

OPENGOV SOFTWARE SERVICES AGREEMENT
Signatures
Customer: i1} OF tdNVQIf
Signature:

Name: flv irJ C1A1GA
Title: tt( ilYlU Ci+J Manaarx
Date: oI I g' i l 006a
OPENGOV, INC.

Docusigned by:

Signature: cDa ocD„ wa
Name:

Waranya Simbeck
Title:

Date:

Head of Finance
2/ 1/ 2022
SIGNATURE PAGE TO OPENGOV SOFTWARE SERVICES AGREEMENT]
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Signatures
Customer: ( j-hl OFtQ(' walf OPENGOV, INC.

Signature: Signature:

Name: 1 irA NWIR Name:

Title: Title:

Date: Qi I ;) L1 12oaa Date:

SIGNATURE PAGE TO OPENGOV SOFTWARE SERVICES AGREEMENT]
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DowSign Envelope ID: 9F41914C- 8AFF- 451 F-8892- 2OA61 D59COF2

Q OPENGOV
Created On: 11W.' 022
Quote Expiration: 1512022
Subscription Start Date:
2112022 Subscription End Data:
lOln_027Consumerid'oessidun
Customer City of Easrvale, CA
Bill Tmgb ip To: 12363 Laterite Avenue, Suite 910
Easnnle, Culd' omu 91752
UnitedSmtus
Order Debris
Billing Frequcaq: Annual
Payment Terms: Na Thaty( 30) Days
SOFIIVARE SERVICES:

Product/ Service
Budgeting E Planning
PROFES SI ONAL S ERVI C ES:
lsmdud/ Serviw
OMGow Daploymcnt
OPMGuV Inc
PO Box 41340
San Jos, CA 95160
Unital State
Prepared 11, Andre Aa io
Email: akercado& pengov cam
Contract Term: W Months
Contact Nnnte: Anwnda Wells Contact Name: Amanda Wills
Email: owellsrdeutvalecagov Email: awells© curvalecs. gov Phone: ( 951)703-0 38 ( 951) 7034439
Description: See Billing Table Below
Stall Dme End Daze Annual Tenn Annual Face
11112022 151 _ 027 5 S34200. 00
Annual Subscription: 5 41,200. 00
Desorption
Product configuration, setup, and treating described in the anached SOW.

Prefessionei Service Total: 539, 775. 00
pilling T' oble:

Billion Data Amount Due
FebruaryI, 2M S73, 975 W fSb/mnn•.Sensra - PrJ aitmrd.R•nurs J February, 1, 2M S34, 2MW
Febntmy 1. 2024 S34, 200W
Fcbwq I,= 5 34, 200. 00
February 1, 2026 S34, 2W 00
Order Form Legal Terms
Welcometo OpenG.0 Thanksfin usingour Sail, aSarvim. This Order Formis enteredinto betweenOpouGov, Inc, with itsprincipalplaceof businessat6525Crown Blvd n41340SanJose, CA 951W ("OpenGov'), andyou, theentityidentifiedabove (-Custrai asof theEffectiveDate This Oder Fan includesandincorporatestheOp inGov Soft.. Smices Agreement (- SSA") atuched, or tf to such SSA is attached. OmSSA aveuable at hops Pialushov comMrns- or- service and the epplauble Sassari of Work SOW') nmrporuW hereinmtheeventProfessionalServicesarepurchased. TheOrda Form, SSAandSOW'shallhereapcberefined suu tlx' Agrecment'. UnlessoOtawae specifiedabove feesfor theSoftwareServicesandProfessionalSmicrs shallbedueandpayablein advance, on theElfeaive Dote. By signingthis Agreement, Custmner acknowledgesthis it his reviewed andagreestobelegally boundby, theOperi SoftwareServicesAgrcemmt Eachpartys acceptmceof this Agr. t is conditional upon the otha' s acceptance of the Issuesin the Agreement to the exclusion of all other terms OP. Gov, ine
D,oeuShuosdbby;
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Doe2/ 1/ 2022
566

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Created On: I/ 14/ 2022
Quote Expiration: 1/ 312022
Subscription Start Date:
112022 Subscription End Date:
1/31/2027CustomerInformation
Customer: Cny of Eastvale, CA
Bill TotShip To: 12363 Limonite Avenue, Suite 910
Easbale, Cald' omia 91752
Uniled States
Order Details
Billing Frac uenq: Amoral
Payment Terms: NetThery(30) DaysOpenGew
Inc. PO
Box 41340San
lost CA 95160United
States Prepared
By: Andrew kerado Email:
akaado@opmgov emn Can
tract Term: 60 MonthsContnctName.

Amanda Wells Contact Name: Amanda Wdls Email: awells@eestvnmgov Email; owells@easmalecagov Phone: ( 951)
703- 4438 ( 951) 7034438 Description: See
Billbrg TableBelow SOFTWARESERVICES:

Product/ Service
Stan Dare End Date AnnualTorn Annual Fee Budgeting S
Plarming 2' 1
202215112M75 S34, 2WW An anal
Su bscripIt..: 534, 200. 00 PROFESSI
ONA LSERVICES: Pradua/Semce
DescriptionOpenGov Deployment
Product conegureuon, semp, and aammgdescribedin the attachedSOWProfessionalServices Total: S39, 775. 01) BilbpgTable
Baling Date
Amount Due February 1,
2022 73,975 W (. 1' jnrore. acer - Y f" suouriserwcrs) February1, 2W3 34,2WW February1,
2024 34,200A0 February1,
2025 34.200. W FebruaryI,
2026 S34,20. 00 Order Fenn
Legal Terms Welcometo
OpenGovlThanesfor using ourSoftwareServicesThis Order Formis ataedintobetweenOpmCmv. Inc., with its principalplaceof bmnmeasm 6525 CrownBlvd 1340 San Jose, CA 95160 ("OpenGew"), and you, the entity identifiedabove ("Customer'), as of theE fmtiveDam. The: Order Fo i clWm andercorporatesthe OpmGov SoRwmeServices Agrccman("SSA") amched, or ifo, suchSSA is attached, theSSA evadableathttps//c engov. coMtmns.of- servire andthe applicableStatementofWork SOW') mccepormed herein in the eventProfessionalServicesone purchased. TheOrder Form. SSA and SOW shallhereafterbe referred to as the-Agreanmt'. Unlessothaw¢ c specified above, fees for the SoftwareServicesand Profess. mmi Services sholl be, due andpayable, in advance. onthe EffectiveDate. By signesgthis AgreementCustomeracknowledgesthat it has reviewecLandagrees to be legallyboundby, the OpmGovSoftwareServices AgreementEach peny' s acceptanceofthis Agreementu conditionaluponthe other's aaeptameof the turnsin the Agreementto the exclusionofall other terms. OpmGev, In .

Sigrsume. Name.

Date
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Q OPENGOV
Statement of Work
City of Eastvale, CA
Created by: Ariana Tuckey
Creation Date: 12/ 08/ 21
Document Number: DD- 02229
Version Number: 1
Overview 2
Preamble 2
Methodology 3
Project Initiation 4
Best Practice Review 4
Configuration 4
Validation 4
Deploy 5
Project Completion 5
Project Schedule 5
Roles and Responsibilities 6
Roles and Responsibilities Matrix 6
Governance 8
Regular Communication Components 8
Commitment to Project Direction and Goals 10
Escalation Process 10
Process 10
Escalation Requirements 10
Documentation 11
General Project Commitments 11
Project Scope 12
OpenGov Reporting & Transparency Platform 12
OpenGov Reporting & Transparency Platform Project Deliverables 12 t
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Q OPENGOV
Project Tasks 12
Initiate 12
Best Practices 13
Configuration 13
Validation 14
Deploy 14
OpenGov Budgeting & Planning 15
Budget & Planning Project Deliverables 15
Project Tasks - Budgeting and Planning 15
Initiate 15
Best Practices 17
Configure 17
Validation 19
Deploy 19
Financial Integration 20
Financial Integration Deliverables 20
Financial Integration Tasks 20
Initiate 20
Configuration 21
Validation 21
Deploy 22
Acceptance 22
Acceptance Process 22
Acceptance Requirements 23
Change Management 23

1. Overview

1. 1. Preamble
This Statement of Work (" SOW") identifies services that OpenGov, Inc. (" OpenGov" or " we") will perform for City of Eastvale, CA (" Customer" or " you") pursuant to that order for Professional Services entered into between OpenGov and the Customer (" Order Form') which references the Software Services Agreement or other applicable agreement entered into by the parties ( the " Agreement').

Customer' s use of the Professional Services are governed by the Agreement and not this SOW.

Upon execution of the Order Form or other documentation referencing the SOW, this 2 569

Q OPENGOV
SOW shall be incorporated by reference into the Agreement.

In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only. Unless otherwise defined herein, capitalized terms used in this SOW shall have the meaning defined in the Agreement.

This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party.
openGov will be deployed as is, Customer has access to all functionality available in the current release.

Initiation
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2. Methodology
OpenGov' s deployment methodology, often referred to as the OpenGov Way (" OG Way'), delivers on OpenGov' s mission to power more effective and accountable governments.' It is an innovative, modern, and iterative approach that leads our customers to successfully deploy our products and help them successfully achieve their vision. The OG Way differentiates itself in the market by its foundation of customer empowerment. We rely on our years of experience working with governments, leading in governments, and leveraging best practices from the public and private sector in order to coach our customers through the change management needed to leverage our best practices and quality software. This methodology requires a degree of focus and engagement to ensure collaboration between both parties to produce the desired results in a timely manner. We look forward to our partnership and can' t wait to show you how The OG Way will improve the way you do business and the services you' re able to provide to your citizens! 570

Q OPENGOV
Project Initiation
During project initiation, we will introduce project resources, review the products and services purchased, finalize project timelines, and conduct the kickoff meeting. Both OpenGov and Customer are responsible for assigning their Project Managers for the project. We will hold a planning meeting to review all project documents OpenGov has received to date. We' ll also provide additional worksheets that need to be included. We' ll set- up meetings to finalize the project plan and ensure there is a centralized location for these documents to be stored for collaboration. Lastly, we' ll determine the date for the larger kickoff meeting and discuss the agenda for this critical meeting.

Best Practice Review
OpenGov will provide your team with access to OG University and OpenGov' s Resource Center so that you can start learning.

Provided checklists with samples of data and information that we' ll need completed.

We will obtain all data and integration information at this time in our standard format.

We will review your agency -specific documents to validate your business requirements.

We will then coach you on our best practices by showing you how our tool works in the most effective manner.

Based on our best practices review, we' ll make solution recommendations based on our domain expertise.

We' ll align with your team based on our understanding of your operating processes based on technical requirements and product functionality.

We' ll review all data and integration requirements. A data map will be mutually agreed upon and signed off on by Customer.

We' ll present a solution document to be mutually agreed upon prior to starting the configuration.

Configuration
We will set- up the base configuration based on the mutually agreed upon solution document.

We will mutually configure the use cases based on the mutually agreed upon solution document.

We will migrate your data based on our mutually agreed upon data map.

Validation
Review the completed work performed during configuration. rd
571

Q OPENGOV
The appropriate members of the Customer project team will confirm that the solution has been configured correctly based on the solution and data mapping documents by testing the use of the solution.

Training will be provided based on the selected package, or as set forth herein.

Any items that were configured or migrated incorrectly based on the data map and solution document will be tracked via an issue log. We will work with your team to identify deployment critical issues that will be worked out prior to launch. If the item is not included in the mutually agreed upon data map and solution document, a mutually agreed upon change order will be discussed as defined in Section 10 Change Management of this SOW.

The exit criteria for this phase is the sign off by the Customer' s Project Manager of the configuration based on the mutually agreed upon solution and data map as defined in Section 9 Acceptance of this SOW.

Deploy
The solution is usable by Customer.

Project Completion
Customer is sent a project acceptance form to sign as defined in Section 9 Acceptance of this SOW.

Customer will be asked to respond to a brief survey to provide feedback about the experience.

Customer is introduced to Customer Support and educated on how to engage with customer support based on Customer' s procured package.

3. Project Schedule
OpenGov will schedule resources for this project upon signature of the order form. Unless specifically noted, the OpenGov assigned project manager ( as identified below or such alternate designated by OpenGov, the " OpenGov Project Manager") will work with Customer Project Manager to develop the project schedule for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/ or Customer resources, and the timeliness of deliverables provided by the Customer.
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Q OPENGOV

4. Roles and Responsibilities

4. 1. Roles and Responsibilities Matrix
OpenGov
Role Role Description
Executive Sponsor Responsible for ensuring alignment on project value proposition ES") and vision. Escalation point for Customer Executive Sponsor to mitigate any risks that the project team cannot resolve. Executive Sponsor attends monthly ( or other frequency) executive meetings to review deployment status, documented issue list, status and closure summary.

Project Manager Responsible for the delivery of the professional services based PM") upon the agreed upon contract and SOW within the budgeted hours and timeframe. Ensures the project is properly forecasted, assigns tasks/ resources, and tracks toward project completion.

Holds executive steering committee meetings and/ or quarterly business reviews as appropriate to ensure project issues are properly escalated and success is achieved. Facilitates the transition to support.

Analyst (" IA") Responsible for helping Customer configure OpenGov' s product suites as assigned. The Analyst is the primary consultant, guiding Customer through configuration working sessions to put together successful workflows.

Subject Matter OpenGov Subject Matter Experts (" SM Es") will engage in Expert (" SME") strategy, design, and execution discussions internally and with Customer during the deployment. The SME has a specific area of expertise, and depending on the scope of the project more than one SME may engage. The SME will not be on all working
sessions, but will be involved per the direction of the OpenGov Project Manager.

Integration Engineer Responsible for migrations, conversions, and integrations as IE") assigned. Responsible for providing clear direction on specifications to ensure proper delivery of migration,
conversions, and integrations. Clear data mapping and data validation to be provided with customer sign -offs obtained by the OpenGov Project Manager.

Account Executive The Account Executive is responsible forthe sales cycle. Aligning E
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AU) on program vision, value proposition, and contract terms. The Account Executive will facilitate project kickoff along with the OpenGov Project Manager. The Account Executive will be
engaged with the customer throughout theirjourney with
OpenGov, post - deployment and beyond.

Customer Manager The Customer Manager (" CM") is the primary customer CM") relationship holder post -Deploy. The "Air Traffic Controller' or Quarterback" of OpenGov resources with focus on long term success of Customer' s partnership with OpenGov. The CM will engage with Customer to discuss adoption strategy and conduct periodic reviews to ensure Customer' s key stakeholders understand all OpenGov offerings and how they align to key Customer priorities. The CM will be introduced at deployment kick- off, but will not be an active participant in deployment working sessions. As the deployment approaches closure, the CM' s engagement will ramp -up, and the OpenGov Project Manager to CM meeting with Customer will occur prior to Project Completion.

Customer
Role Role Description
Budget Owner (" BO") The Customer Budget Owner commits the funds to the project deployment, assesses the value to the cost ( ROI), and approves changes orders. In some cases, the Budget Owner and Executive Sponsor are the same person.

Executive Sponsor Responsible for ensuring Customer team is aligned to core ES") project value proposition and goals. Able to intervene if the project goes off track, and has ability to make decisions on timeline and budget when decisions are stalled. The Executive Sponsor is not expected to regularly attend deployment working sessions. Executive Sponsors, attend monthly ( or other frequency) executive meetings to review deployment status, documented issue list, status and closure summary.

Project Manager Serves as the primary contact for OpenGov Project Initiation, PM") Best Practice Review, Configuration, Validation, Deploy, Project Completion. Coordinates meetings and schedules. Controls communication between the Customer and OpenGov project
teams.

Project Lead (" PL'') Is an internal SME in the functional area of deployment. Attends working sessions, trainings, and responsible for reviewing 574

Q OPENGOV
configurations. Primary OpenGov counterpart will be the Analyst.

Data and Responsible for mapping out data infrastructure and validating SystemsLead (" DSL") migration, conversion, integration requirements. Someone who is able to connect OpenGov team with any of Customer' s
third - party data sources and vendors as needed to fulfill SOW requirements.

5. Governance
Project Governance provides the foundation and framework to manage deployments by assessing progress and addressing questions and challenges during the course of deployment. OpenGov follows three guiding principles for governance to maximize the deployment value with our customers:

Regular communication aligned to the agreed upon project plan and timing will occur. OpenGov expects our customers to raise questions or concerns as soon as they arise. OpenGov will do the same, as we can only address items when known.

Executive involvement is expected from both OpenGov and Customer. Not only may Executives be called upon to clarify expectations and/ or confusion, but also to steer strategic items to maximize the value through the deployment.

Commitment to the direction outlined in this SOW and critical assessment change orders to ensure they drive value.

5. 1. Regular Communication Components
L
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Statement Bi- Annually Review of PM, ES, PM, BO.

Committee milestones per AE, CM ES
commercial
agreement, review
budget and fiscal
matters.

Discuss strategic
direction from
deployment,
alignment of
OpenGov with
Customer' s 3- year
roadmap, evaluate
potential shift in
strategy and
impact to
relationship
Executive Sponsor Meeting Monthly / Discuss PM, ES, PM, ES, Bi-Monthly deployment: plus plus
Strategic others as others as
impacts: timing, necessary necessary
scope, process
Value prop
changes,
confusion
Project specific:
items that need
guidance, support
and/ or clarity
Weekly Deployment Updates Weekly Summary of Project Project project actions Team + Team +
against project ES( s) ES( s)
plan.

Risks and
achievements
highlighted in
addition to asks of
leadership.
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Q OPENGOV

5. 2. Commitment to Project Direction and Goals
This SOW is the direction agreed upon by Customer and OpenGov. Transparency of the plan is paramount for our Customers to attain the value the SOW or any subsequent change order outlines.

Should direction of the deployment become disconnected, OpenGov and Customer Project Managers will outline the gaps as they understand them and communicate the gaps to their respective Executive Sponsor( s) ( or Project Teams) for discussion and resolution.

The communication path for this engagement will be outlined in the kick off meeting, documenting both phone numbers and email. The general path is:

OpenGov Project Manager Professional Services Sr. Manager / SVP Executive Sponsor

6. Escalation Process
The purpose of this section is to define the escalation process, should it be needed, to support closing issues that are raised, discussed to move forward with the deployment.

OpenGov and Customer agree to raise concerns and follow the escalation process, resource responsibility, and documentation.

6. 1. Process
Identification of an issue impeding deployment progress, outcome or capturing the value proposition, that is not acceptable.

Customer or OpenGov Project Manager summarizes the problem statement and impasse.

Customer and OpenGov Project Managers will outline solution, acceptance or schedule Executive review in accordance with SLA as defined in Section 7 General Project Assumptions.

Resolution will be documented and signed off following Executive review in accordance with SLA as defined in Section 7 General Project Assumptions.

6. 2. Escalation Requirements
OpenGov and Customer Project Managers will summarize the impasse and recommendation to present at scheduled or ad hoc executive meetings. Unless otherwise noted in this SOW, Customer Project Manager can approve how hours are used, but not where funding is required.
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Executive Sponsors attend monthly ( or other frequency) executive meetings to review deployment status, documented issue list, status, and closure summary.

Steering Committees, where applicable, will be the arbitrator to direction and issue closure. Unless otherwise noted in this SOW, the Customer Executive Sponsor must approve change orders that result in additional cost.

Customer or OpenGov Subject Matter Experts may be requested to provide input to the issue and assist in closure. Both Customer and OpenGov will make best effort to enable those Subject Matter Experts to be available and participate.

6. 3. Documentation
Issue Escalation: Problem Statement with clear impact to the deployment and/ or engagement.

Acceptance Document: Which will include any change order( s) or other process adjustments required and summary of the resolution.

Notes from Project Meetings, Executive Reviews, and Steering Committee meetings, as appropriate.

7. General Project Commitments
OpenGov is excited to work with Customer on the implementation of our OpenGov ERP Cloud. In order to ensure we are able to meet the project timeline and ensure Customer is successful in this implementation, OpenGov asks that Customer abide by the General Assumptions detailed in this SOW.

This SOW is limited to the Implementation of the OpenGov Cloud as defined in the Project Scope. Any additional services or support will be considered out of scope.

Customer will commit and provide access to all necessary stakeholders and subject matter experts, and other key parties whose roles are defined in Section 4.1, necessary to the successful implementation of the OpenGov ERP Cloud as defined in this SOW.

Customer is responsible for internal change management associated with the purchase of new software.

Response Protocol
OpenGov and Customer commit to responding to inquiries, updates, or any other project - related matters in no more than 10 business days throughout the course of this project. If Customer is delayed in its response, Customer acknowledges that: a) the delay may impact the project schedule; and b) any fees for Professional Services due to OpenGov after such delay shall become due and OpenGov may invoice Customer for such prepayment.
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Q OPENGOV
o As set forth in Section 6. 1(e) of the Agreement, if extended delays in Customer responsiveness are encountered, OpenGov may opt to put the project into an " On Hold" status, which includes causing OpenGov to stop or cause to be stopped the Professional Services to be provided to the Customer, until the Customer has fulfilled its obligations set forth in the On Hold Notice as described in the Agreement.
o The Professional Services will be provided during regular business hours ( 8am to 6pm Pacific Time) Monday through Friday ( holidays excluded).

SOW Expiration:
o This SOW is valid for up to 90 days from the Creation Date, or as agreed to in writing by OpenGov and Customer.

8. Project Scope

8. 1. OpenGov Reporting & Transparency Platform

8. 1. 1. OpenGov Reporting & Transparency Platform Project Deliverables
OpenGov Cloud based Reporting & Transparency Platform that includes:

Reporting & . Stories
Transparency • Open Town Hall
Platform • Reporting
Dashboards
Transparency Portal

8. 1. 2. Project Tasks
The tasks listed below are required for OpenGov and Customer to successfully complete the OpenGov Reporting & Transparency Platform implementation.

8. 1.2. 1. Initiate
Provisioning OpenGov will provision Customer' s OpenGov entity and verify Customer R& T Platform has access to all purchased modules.
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Q OPENGOV
OpenGov OpenGov will provide access to OpenGov University online training University courses intended to teach users on the basics of the Reporting & Platform Transparency Platform.

Training
Stories and OpenGov will build out an example of a Story:

Open Town • One standard story based on available templates in OpenGov.

Hall Examples OpenGov will build out an example of a topic in Open Town Hall.

Initial Data OpenGov will upload any applicable datasets to the OpenGov Platform.

Migration • Base Budget File
Historical Budget and Transactions Files, including beginning balances
Budget Reference Year data files
OpenGov will accept flat files such as CSV, Text, and/ or Excel

8. 1. 2. 2. Best Practices

8. 1. 2. 3. Configuration
Chart of OpenGov will review and give feedback on Customer' s general ledger Accounts chart of accounts
OpenGov will provide a functional build of the proposed OpenGov Chart of Accounts, and gain sign off on acceptance from Customer.

OpenGov will configure OpenGov Chart of Accounts in OpenGov system
OpenGov OpenGovwill:

Reports 1 • Setup 3 OpenGov reports ( Annual, Budget to Actuals, and 13 580

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Transactions)

8. 1. 2. 4. Validation

8. 1. 2. 5. Deploy
DescriptionFunctionality
Training OpenGov will review configured story and train Customer on how to:

Stories Create new stories
Update/ Maintain current stories
Publish internally and externally
Training Open OpenGov will present configured Open Town Hall site and theme.

Town Hall OpenGov will train Customer on Open Town Hall functionality Training OpenGov will review configured OpenGov reports.

OpenGov OpenGov will train Customer on report:

Reports Configuration
Update/ Maintenance
Publishing internally and externally
Training OpenGov will review configured Dashboards
Dashboards OpenGov will train Customer on Dashboard:

Configuration
Update/ Maintenance
Publishing internally and externally
Platform OpenGov will review configured COA and uploaded data.

Training OpenGov will train Customer on Platform maintenance::

Users
Uploading data
Maintaining COA
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Sign Off Customer will sign off that they have:

Configured Story
Configured Open Town Hall
Configured OpenGov reports
Been trained on Stories, Open Town Hall, OpenGov reports

8. 2. OpenGov Budgeting & Planning
Budget & Planning Project Deliverables
OpenGov Budgeting & Planning Suite, includes:

Budgeting & • Operating Budget
Planning Suite • Workforce Planning
Capital Improvement Project Budgeting
Online Budget Book
Budget Reporting

8. 2. 2. Project Tasks - Budgeting and Planning
The tasks and responsibilities listed below are required for OpenGov and Customer to successfully complete the OpenGov Budgeting and Planning Suite implementation.

8. 2. 2. 1. Initiate
DescriptionFunctionality
Documentation Customer to provide OpenGov:

Receipt • Budget export
Examples of the documentation currently provided to
department,
Budgetschedule,
Management budget reports example
OpenGov During the initial phase, OpenGov will provide system training to University administrators.

Budget Training will include:

Training . Howtocreate
o a budget
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Q OPENGOV
o a proposal
o a worksheet
o add a line item
o reselect line items
o submit a budget
Reporting overview
Stories overview
Open Town Hall overview
Workforce Planning Overview
Budget and OpenGov will build out examples of best practices for budgeting Workforce solutions:

Solution
Examples Operating
2 budget instances in OpenGov
2 proposals for each budget instance ( Traditional and OpenGov) 3 budget reports
o Operating Budget Development
o Operating Budget Details
o Operating Budget Categories
1 budget story for review
Capital
1 budget instances in OpenGov
2 proposals
3 budget reports
o Capital Budget Development
o Capital Budget Details
o Capital Budget Categories
1 capital story for review
Workforce Planning Shell
4 Standard cost elements
o Wages
o Insurance
Retirement
o Taxes
Online Budget OpenGov will build out:

Book Examples Look and feel of Online Budget Book
Best practice templates for:
o Table of Contents
o Budget message
o Introduction
o Revenue and Expenditure Assumptions
o Budget Summary
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Q OPENGOV
o Departmental Information
o Debt
ices
Functionality W- 11on1
Overview of OpenGov assesses and identifies how best to configure and map data Best Practice to ensure success based on materials provided by Customer.

Budget and The Implementation Analyst will conduct a review of the examples Workforce created and work with the customer to confirm a budget format on Solution which to move forward.

Online Budget The Implementation Analyst will conduct review of Online Budget Book Book Solution templates and work with Customer to confirm format and approach.

Solution OpenGov will present a solution document to be mutually agreed upon Document prior to beginning configuration.

8. 2. 2. 3. Configure
Base Budget
I
OpenGov will configure and upload Customer' s base budgetfile into File OpenGov.

Budget
I
Based on the Review and Confirmation phase OpenGov OpenGov will Configuration setup Customer' s preferred budget format:

Operating
1 Budgetinstance
2 Proposals ( Department)
Corresponding worksheets ( single, fund, division, or function) 1 standard budget Story template
Capital
1 Budget instance
2 Proposals ( Department or Project)
Corresponding worksheets ( single, fund, division, or function) I standard capital Story template
Based on the review of the Workforce Planning Shell and with the 17 584

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guidance of the Implementation Analyst, Customer will:

Buildout remaining cost elements
Populate position template
Validate Workforce calculation
Budget OpenGov will hold working sessions between the Implementation Configuration Analyst and Customer for the purpose of validating, reviewing, and Working iterating upon draft budget instances. Session will focus on:

Sessions Setup
Structure
Workflow
Useraccess
Administrator OpenGov will provide 1, 60- Minute training sessions to enable Budget Customer' s Budget Administrators to manage and maintain their Management OpenGov budgets including:

Training Useraccess
Approval workflow
Cloning
Phases
Proposal status
Dataset and OpenGov will set up 1 export and dataset view to enable budget reports View
Configuration
Budget OpenGov will set up 8 budget reports to include:

Report( s)
Operating
Operating Budget Milestones
Operating Budget Development
Operating Budget Details
Operating Budget Categories
Capital
Capital Budget Development
Capital Budget Details
Capital Budget Categories
Capital Plan Report
Budget OpenGov will provide 1, 60- Minute training sessions to enable Exports and Customer to own, manage and maintain their OpenGov Budget Data Reporting and Reports including:

Training Exports
Dataset views
IN
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Q OPENGOV
Reports
Online Budget OpenGov will setup 3 OpenGov standard Online Budget Book templates Book chosen from examples defined above, including 1 completed story from Configuration 1 template
and Training Administrator training
Session o One 60- Minute session for training:

Using and Copying Templates
How Datasets and Reports work in Stories
How the Online Budget Book works with
Transparency Portal
Preparing for updating and ongoing use
OpenGov will provide working sessions for OpenGov to consult with Customer on Online Budget Book, scheduled as needed. ( Not to exceed more than 10sessions unless agreed upon by openGov Project Manager and Customer.)
Customer administrators will set up additional project story shells and corresponding project users, and admins/ users will add content

8. 2. 2. 4. Validation
Validation of The OpenGov Project Manager and Analyst will confirm with Configured Customer' s Project Lead that all budget proposals are configured Budgets properly based on the agreed upon format.
19 586

Q OPENGOV

8. 3. Financial Integration

8. 3. 1. Financial Integration Deliverables
Financial OpenGov will work with Customer' s IT Staff and Project Team to setup a Integration one way data integration from Springbrook to OpenGov

8. 3. 2. Financial Integration Tasks
The tasks listed below are required for OpenGov and Customer to successfully complete the Financial Integrations with OpenGov.

8. 3. 2. 1. Initiate
Functionality Description
Solution OpenGov will review the proposed solution with Customer Review • Functionalities to be Integrated
o Actuals ( Revenue and Expenses)
o Budget
Integration Approach
o Database Connect / Agent Install
o SFTP ( File Transfer)
OpenGov Assumes:

The data will be linked to the Customer' s COA.
o Integration is unidirectional from the Customer' s
accounting software into OpenGov.

Data Files Customer will provide the data in the required format associated with SFTP] the functionalities
Data Files for Historical Years
Data Files for Current Year
Automate the file transfers into the OpenGov SFTP location Data Analysis OpenGov will perform the data analysis
To align with the required functionalities
To align with the COA
c
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Q OPENGOV

8. 3. 2. 2. Configuration
Integration OpenGov will perform the following
Setup • Installation of Agent ( Database Integrations)
Database View Deployment ( Database Integrations)
SFTP Setup ( SFTP Data Migrations)
Sample File Format ( SFTP Data Migrations)
OpenGov Assumes:

OpenGov will require assistance from Customer to
understand source system specific customizations and
configurations when building the data extract. When
OpenGov is not able to access or extract data as per
requirements, Customer should provide the data files in CSV format into OpenGov FTP Location.

When the source accounting software is hosted by a third party vendor on behalf of Customer, Customer is
responsible for brokering OpenGov' s access to
Customer' s data residing at the vendor' s premises in
accordance with OpenGov' s data formatting
requirements.

Configuration OpenGov will perform the Configuration to and Testing • Extract, Transform ( when required) and load the data Build Reports for the required functionalities
Initial validation of data

8. 3. 2. 3. Validation
Data Validation
I
OpenGov team to work with Customer to
Validate the historical data
Validate the current year data
OpenGov Assumes:
c Customer will provide data to validate against ( PDF
Export). Data should be received prior to the start of the integration.
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Q OPENGOV
o OpenGov will perform the validation for data accuracy for the Integration, working jointly with Customer team to
approve the Financial Integration data.

8. 3. 2. 4. Deploy
DescriptionFunctionality
Deployment OpenGov will perform the Configuration to
and Wrap Up Schedule the current year data load
Train the administrators
Monitor the data load
Sign Off Customer will complete OpenGov- provided sign off document acknowledging
Accuracy of the data for historical years and current year associated with the functionalities
Accuracy Reports associated with the functionalities
Adequately trained on the Integration Functionalities

9. Acceptance

9. 1. Acceptance Process
All Deliverables require acceptance from the Customer Project Manager( s) following the completion of Deliverables and upon Project Closure. Customer is responsible for conducting any additional review or testing of such Deliverable pursuant to any applicable mutually agreed upon acceptance criteria agreed upon by the parties for such Deliverable.

Upon completion of these phases, the OpenGov Project Manager shall notify the Customer Project Manager( s) and provide the necessary documents for review and sign off.

The following process will be used for accepting or acknowledging Deliverables and Project Closure:

OpenGov shall submit the completed Deliverables to Customer to review or test against the applicable acceptance criteria. Customer shall notify OpenGov promptly of its acceptance or rejection in accordance with the agreed upon acceptance criteria.
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Q OPENGOV
Customer must accept all Deliverables that meet the applicable acceptance criteria.

OpenGov Project Manager will provide the Customer Project Manager with the OpenGov Acceptance form to sign off on the Deliverable and project. Once all Deliverables required to meet a particular phase have been accepted or are deemed accepted, the phase shall be deemed complete.

Upon completion of the phase or project, OpenGov allows Customer 10 business days to communicate that the particular Deliverable( s) does not meet Customer' s requirements. Failure to communicate that the particular Deliverable( s) does not meet Customer' s requirements will be deemed as acceptance and any further work provided to remedy Customer' s complaint might incur additional cost.

Customer shall provide to OpenGov a written notice detailing the reasons for rejection and the nature of the failure to meet the acceptance criteria. OpenGov shall make best effort to revise the non -conforming Deliverable( s) to meet the acceptance criteria and re -submit it to Customer for further review and testing.

If the acceptance form is not received in accordance with Section 7 General Project Assumptions, the project phase and/ or project will be considered accepted and automatically closed.

9. 2. Acceptance Requirements
All acceptance milestones and associated review periods will be tracked on the project plan.

The Customer Project Manager will have decision authority to approve/ reject all project Deliverables, Phase Acceptance and Project Acceptance.

Any open issues shall receive a response in accordance with Section 7 General Assumptions of this SOW following the Validation Acceptance review, or as mutually agreed upon between the parties, for resolution prior to advancing on in the project.

Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have a negative impact on the project.

For any tasks not yet complete, OpenGov and/ or Customer will provide sufficient resources to expedite completion of tasks to prevent negatively impacting the project.

10. Change Management
This SOW and related efforts are based on the information provided and gathered by OpenGov. Customer acknowledges that changes to the scope may require additional effort or time, resulting in additional cost. Any change to scope must be agreed to in writing or 23 590

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email, by both Customer and OpenGov, and documented as such via a:

Change Order - Work that is added to or deleted from the original scope of this SOW.

Depending on the magnitude of the change, it may or may not alter the original contract amount or completion date and be paid for by Customer. Changes might include:

Timeline for completion
o Sign off process
o Cost of change and Invoice timing
Signed by OpenGov and Customer Executives approving funds.

Change documentation will be mutually agreed upon as defined in Section 7 General Assumptions of this SOW. Should that not occur, the change will be added to the next Executive Sponsor agenda for closure.

Example of changes that might arise during a deployment:

Amending the SOW to correct an error.

Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov.

Change in type of OpenGov resources to support the SOW. 24 591

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.10
September 25, 2024
Approval of a Change Order for Task Order No. 13 for the Leal Plan Check Reviews for CSG Consultants
Prepared By:

Annette Cano-Soza, Assistant Engineer
Recommended Action(s)
Staff recommends that the City Council:

1 .

Approve a Change Order for Task Order 13 for the On-call Contract with CSG Consultants, Inc. for the plan check reviews of the Leal development project in the amount of $75,000; and 2 .

Authorize the City Manager to execute all necessary documents.

Summary
The Public Works Department is commi4ed to the maintenance and opera5on of the City’s infrastructure. This includes ensuring the safety and quality of streets, sidewalks, traffic signals, street lights, traffic signs, and storm drain inlets proposed by Developers. Therefore, obtaining plan check services from the proper engineers is integral to ensuring compliance of the City’s code and design standards.

CSG Consultants, Inc. has been chosen from the on-call list to complete the plan check reviews for the Leal development project due to their expertise and knowledge with development project.

Background
On January 12, 2022, the City Council awarded a Professional On-call Services contract to CSG Consultants, Inc. (CSG) for Private Land Development Plan Check Services. On July 27, 2022, City Council authorized the City Manager to approve task orders for the On-Call Contracts for Engineering Professional Services in an amount that, in the aggregate, does not exceed $2,000,000 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
592
per fiscal year across all disciplines. On January 24, 2024, City Council approved addi5onal funding to Task Order No. 13 in the amount of $70,000 for the Leal development project. The Leal development project currently has nineteen (19) submi4als under review; thus plan check services are increasing:

PO Amount
Task No.

Additional Task Order Amount
Services
New PO Amount
$110,605
13 $75,000
Leal
$185,605
Environmental
The proposed task orders are not subject to the California Environmental Quality Act as there are not projects.

Strategic Plan Action - Priority Level: 2
| Target #: B
| Goal #: C
Developing branding and identity for Eastvale.

Fiscal Impact
There are sufficient funds budgeted in the current fiscal year 2024-25 General Fund Account 100- 320-6433 for Private Development.

Prior City Council/Commission Action
On January 12, 2022, City Council awarded an On-Call Engineering and Professional Consul5ng Services to CSG.

On July 27, 2022, City Council approved a not to exceed amount of $2,000,000 per fiscal year On-Call Professional Engineering Services.

On January 24, 2024, City Council approved a budget increase of $70,000 for Task Order No. 13 for the Leal development project.

Attachment(s)
Attachment 1 - PSA with CSG Consultants

Attachment 2.1 - Task Order No. 13 Add Services

Attachment 2.2 - Task Order No. 13 Amend

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
593

AGREEMENT FOR ON - CALL PROFESSIONAL SERVICES
PRIVATE LAND DEVELOPMENT — PLAN CHECK SERVICES]
This Agreement for On -Call Professional Services ("Agreement') is entered into as of this day of V( omY 2021 by and between the City of Eastvale, a municipal corporation (" City') and CSG Consultants, 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 Private Land Development — Plan Check 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 -
594
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 five ( 5) 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-
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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-
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used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors' work notes and drafts, which are owned by Contractor, not City.

SECTION 7. CONTRACTOR' S BOOKS AND RECORDS.
a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor' s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement.

Any and all such documents or records shall be maintained for three ( 3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546. 7, if the total compensation in Section 4 exceeds ten thousand dollars ($ 10, 000. 00), this Agreement and the Contractor' s books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three ( 3) years after final payment under the Agreement.
b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor' s address indicated for receipt of notices in this Agreement. c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor's business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors - in -interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
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 incurany obligation, debtor liabilityof any kindon behalfof 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-
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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.
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SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et sea., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.

Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor's performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. sm
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c) City understands and acknowledges that Contractor will perform non - related services for other governmentalagencies 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, agentsor subcontractors, be servedwith any summons, complaint, subpoena, noticeof 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 professionalstandardof carefor Contractor's services, to the fullestextentpermittedby 7-
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law, Contractorshallindemnify, protect, defendand hold harmlessCity and any and all of its officials, employees and agents (" Indemnified Parties") from and against any and all liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. d) City' s Negligence. The provisions of this section do not apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

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

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SECTION 18. ASSIGNMENT.

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

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

SECTION 19. CONTINUITY OF PERSONNEL.

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

SECTION 20. TERMINATION OF AGREEMENT.
a) City may terminate this Agreement, with or without cause, at any time by giving thirty ( 30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. b) Contractor may terminate this Agreement for cause at any time upon thirty 30) days written notice of termination to City.
c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor's possession shall be returned to City. Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 " Compensation and Method of Payment" of this Agreement.

SECTION 21. DEFAULT.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in WE
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which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if 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. CSG Consultants, Inc.

Attn: Cyrus Kianpour, President
550 Pilgrim Drive
Foster City, CA 94404
email: Contracts@csgengr. com
Notice shall be deemed effective on the date personally delivered or, if mailed, three ( 3) days after deposit of the same in the custody of the United States Postal Service.
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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 authorizesthe City Managerto execute any such amendments as required by this Agreement or that do not otherwise reduce City's rights under this Agreement. All other amendments shall be approved by the City Council.

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 provisionsof 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 11 -
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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 provisions).

SECTION 34. NONEXCLUSIVITY.

This Agreement shall not preclude the City from contracting with other persons for work that could be performed by Contractor under this Agreement or utilizing City employees to perform such work.

SECTION 35. CONFLICTING TERMS.

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

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

CITY OF EASTVALE
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ATTEST:

APPROVED AS TO FORM
c —t2 da
Erica Vega
City Attomey
By:

Nar
Its:

NOTE: CONTRACTOR' S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR

OTHER RULES OR REGULATIONS APPLICABLE TO
CONTRACTOR' S BUSINESS ENTITY. CORPORATIONS AND LLCS

MUST SUBMIT DOCUMENTATION SHOWING THAT THE INDIVIDUAL

SIGNING ON ITS BEHALF HAS THE AUTHORITY TO EXECUTE THIS CONTRACT.
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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.]
tngfneelring; publicworks, andplanriing'servicesare'curiently billed'ona time-arid-materials'basis accordingto our ratesshownbelow: Overtimeratewill be 1:5 x the hourlyrateof the personnel providingservice. Oneachanniversaryof the contractstart date, CSGwill initiatea rateincreasebased on changein CPIfor the applicableregion. CSGwill mailan invoiceat the beginningof everymonthfor servicesrenderedduringthepreviousmonth. ' ' ' • ' ' ' ' . ' Administration / Document Control 100
Assistant Engineer 130
Associate Engineer 140
Senior Engineer 155
City/PrincipalEngineer . . . . . . . . f170
TrafficEngineeringji1WEngineering,'inc.) 150
GeoteclinicalSeivices (Geo-Advantec; Inc) . . ' ' ' . ' 155 Planning Te4hnl; ian .

Assistant Planner . -. . . '
105
Associate Planner 14d
Senior Olanner ' -' -'_ _ '-- ISd
Principal Planner . 170
PlanningManager ' 5185
Planningoifectdr ' 200
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EXHIBIT " B"

INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A. M. Best' s rating of no less than A:VII.

Contractor shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). 2) Automobile. Insurance Services Office form number CA 0001 ( Ed. 1187) 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- l
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not less than $ 2, 000, 000 shall be considered equivalent to the said required minimum limits set forth above.
3) Workers' Compensation. Workers' Compensation as
required by the Labor Code of the State of California of not less than $ 1,000, 000 per occurrence.
4) Professional Liability. $ 1,000, 000 per occurrence.

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

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

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

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation C- 2
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against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.

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

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

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

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

C- 3
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of San Mateo )
On December 16, 2021 before me, Kathy Lau, Notary Public insert name and title of the officer)
personally appeared Cyrus Kianpour
who proved to me on the basis of satisfactory evidence to be the person* whose name( s) is/ efe subscribed to the within instrument and acknowledged tome that he/sheAhey executed the same in his/ iie e authorized capacityo*, and that by hisiheNAheiFsignatures) on the instrument the person(s3, or the entity upon behalf of which the person* acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. r*A=-
KATHY L uu
NotaryPublic - California
SanMato county
Cotnnfton 0 2354084
MyComm. ExpiresMay7, 2025
Signatur ( Seal)
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3707 W Garden Grove Blvd. Suite 100, Orange, CA 92868
phone 714.568.1010 fax 714.568.1028 www.csgengr.com

December 4, 2023

Brian Sandona
Principal Engineer

CITY OF EASTVALE
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752

Subject: Request for Additional Authorization – Land Development Plan Review Services

Dear Mr. Sandona,

CSG Consultants, Inc. respectfully requests authorization for additional fees for Land Development Plan Review Services for Eastwalk (PW22-10004) in the City of Eastvale.

We are requesting an additional amount of $70,000. Our services and fees would be invoiced on a Time and Material basis for tasks as they are assigned by the City. Accurate expenditure timeline cannot be defined due to the unknown schedule and development plans of the private developer. Based on review of recent budgetary figures, the average burn rate has been approximately $7000 per month for the period between July ’23 and end of November ’23. An additional $70,000 will allow us to complete review and approval of the ongoing Planning Areas 1, 6, 7 and 8 projects. It will also cover the cost of review and approval of the forthcoming assignments of Planning Areas 3 and 4.

If this request meets your approval, please provide the necessary Notice-to-Proceed document.

Should you have any questions or would like to discuss this request further, please call me at (714) 568-1010 or email me at [email protected]. Thank you.

Sincerely,

Peykan Abbassi, PE
VP, Engineering-So Cal
614

3707 West Garden Grove Blvd, #100
Orange, California 92868
Phone: 714.568.1010
Fax: 714.568.1028
www.csgengr.com
FOSTER CITY | PLEASANTON | SAN JOSE | S ACRAMENTO | NEWMAN | PASO ROBLES | FRES NO | ORANGE September 17, 2024
Brian Sandona, Principal Engineer
City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, California 91752
RE: REQUEST FOR ADDITIONAL AUTHORIZATION - LAND DEVELOPMENT PLAN REVIEW SERVICES Dear Mr. Sandona,
CSG Consultants, Inc. (CSG) respectfully requests authorization for an additional budget for Land Development Plan Review Services for the Eastwalk Project (Task #13) in the City of Eastvale. The Eastwalk project budget is already exhausted.

There are approximately 19 pending projects at varying review stages (see enclosed table). Some of the unpaid plan review charges exceed the approved budget of $117,105. A budget increase of an additional $75,000 appears adequate to complete the remaining efforts and cover the previously completed but not-yet-paid or invoiced work.

If this request meets your approval, please provide the necessary Notice-to-Proceed document.

Should you have any questions or would like to discuss this request further, please call me at 714.568.1010 or email me at [email protected]. Thank you.

Sincerely,
Salem Garawi, PE
Principal Engineer

615

616

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.11
September 25, 2024
Adop(on of Ordinance Prohibi(ng Camping and Storage of
Personal Property in Public Places
Prepared By:

Marc A. Donohue, Government Services Director/City Clerk Recommended Action(s)
Staff recommends that the City Council adopt the proposed Ordinance entled: AN ORDINANCE OF THE CITY OF EASTVALE ADDING CHAPTER 8.10 TO THE EASTVALE MUNICIPAL CODE PROHIBITING

CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES

Summary
The City of Eastvale is a general law city formed under the laws of the State of California. With respect to adopon of ordinances and resoluons, the City adheres to the requirements set forth in the Government Code. With the excepon of urgency ordinances, Government Code Secon 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the me of introducon or passage unless a moon waiving the reading is adopted by a majority of the City Council present. This Ordinance was first introduced at the duly noced City Council regular meeting on September 11, 2024.

The proposed ordinance adds a new chapter to the Municipal Code that prohibits camping and the storage of personal property in public places. The ordinance also prohibits camping and storing personal property on privately owned property without the property owner's advanced consent.

Individuals violang the Ordinance may be cited provided that they are first nofied by the City that their conduct violates the Code.

Any property property stored in a public place, including camping paraphernalia, may be removed by the City a@er a 48-hour noce is posted. Property may be removed immediately if it presents an 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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immediate threat to the public health or safety. Property removed will be stored for up to 60 days to provide the individual the opportunity to reclaim their belongings.

Background
"An-camping" ordinances such as the proposed ordinance have been the subject of ligaon for many years. In 2018, the Ninth Circuit Court of Appeals held in Marn v. City of Boise that the City of Boise's an-camping ordinance could not be criminally enforced unless there were adequate shelter beds available within the City to serve the individuals the City sought to cite for violang the City's an-camping ordinance. In June of this year, the United States Supreme Court overruled the Boise case in City of Grants Pass v. Johnson, opening the door to criminal enforcement of an-camping ordinances once again. In light of the Grants Pass decision, City staff is recommending that the City Council adopt an an-camping ordinance to provide the City with an addional tool to address homelessness.

Environmental
The proposed Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15061(b)(3) as it can be seen with certainty that the proposed ordinance will not create any significant environmental impacts. The ordinance preserves public places for their intended uses and creates an enforcement mechanism to ensure that those places are preserved.

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

Fiscal Impact
None.

Prior City Council/Commission Action
On September 11, 2024, the City Council voted to introduce the Ordinance.

Attachment(s)
Attachment - Ordinance
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4886-5008-7902 v1
ORDINANCE NO. 24-08
AN ORDINANCE OF THE CITY OF EASTVALE ADDING CHAPTER 8.10

TO THE EASTVALE MUNICIPAL CODE PROHIBITING CAMPING AND

STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES
WHEREAS, the City of Eastvale is committed to protecting the life, health, and safety of its residents and all people within the geographical boundaries of the City; and WHEREAS, public places within the city should be readily accessible and available to residents and the public at large; and
WHEREAS, use of public places for camping purposes may interfere with the rights of others to use the areas for their ordinary uses and can constitute a public health and safety hazard; and
WHEREAS, the City Council desires that the City maintain public places within the city in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community; and
WHEREAS, the City Council further desires to ensure that that individuals are provided with due process, including notice and opportunity to relocate their personal property from public places, and ample opportunity to reclaim personal effects seized and stored.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE ORDAINS AS FOLLOWS:

Section 1. Amendment of Code. Chapter 8.10 is added to the Eastvale Municipal Code to read as shown in Exhibit “A” hereto and incorporated herein by reference.

Section 2. Severability. If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 3. Effective Date. This Ordinance shall take effect thirty (30) days after passage by the City Council. Increases in compensation shall take effect upon commencement of a new term of office by any Council Member.

Section 4. City Clerk Action. The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and 619
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pasting procedure authorized under Government Code Chapter 39633(c).

PASSED, APPROVED AND ORDAINED this 25th day of September, 2024. __________________________________________
Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica L. Vega Marc A. Donohue, MMC
City Attorney City Clerk
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 24-08, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 11th day of September, 2024, and was passed by the City Council of the City of Eastvale at a regular meeting held on the 25th day of September 25, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
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EXHIBIT “A”
Chapter 8.10 CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES

8.10.010 Purpose.

The use of public places for camping and storage of personal property interferes with the rights of the public to use such areas in the manner in which they were intended. The purpose of this chapter is to ensure that public places are readily accessible to the public in a safe and unobstructed manner.

8.10.020 Definitions.

As used in this chapter, the following words and phrases have the meaning set forth in this section:
"Camp" or "camping" means the use of public places for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding or other camp paraphernalia for the purpose of sleeping), or storing personal belongings, or making any fire, or using any tents or shelter or other structure or vehicle for sleeping or doing any digging or earth breaking or carrying on cooking activities. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person, in conducting these activities, is in fact using the area as a living accommodation regardless of his or her intent, or the nature of any other activities in which he or she might also be engaged. "Camp paraphernalia" includes, but is not limited to, tents, huts, pillows, tarps, cots, beds, sleeping bags, hammocks, personal cooking facilities or other similar equipment or materials that are used to create temporary shelters and accommodations.
"Dwelling" or "living quarters" means any vehicle or temporary shelter used as a person's place of residence or occupancy in place of a traditional building structure. “Enforcement officer” means any law enforcement officer or city employee with obligations to enforce the Eastvale Municipal Code, including, but not limited to, code enforcement personnel, building official or their designees, and Riverside County Sheriff deputy.
"Personal effects" means personal property consisting of the following items:

1. Medication, eye glasses, or other medical devices;

2. Sleeping bag or bed roll, provided it is non-verminous and does not pose a health or safety threat;

3. Tents in usable and reasonably good condition; and

4. Clothes and other personal property that are non-verminous and do not pose a health or safety threat. "Public place" means any public property, improved or unimproved, including but not limited to parks, outdoor recreation areas, public parking lots, publicly owned drainage culverts and basins, and publicly maintained landscaped areas. "Public place" also includes any public right-of-way, and includes any public streets, sidewalks, alleyways, or passageways that are open to vehicular, bicycle or pedestrian traffic. "Store" or "storage" means to put aside or accumulate for later use or safekeeping, to place or leave in a location.
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8.10.030 Camping and storage of personal property prohibited.

A. No person may camp on a public place.

B. No person may store unattended personal property, including camp paraphernalia, in any public place.

C. No person may use any car, trailer, camper, recreational vehicle, or mobile-home as a dwelling or as living quarters to camp on any public place between sunset and sunrise.

D. No person may camp or store unattended personal property, including camp paraphernalia, on any privately owned property to the extent that such camping or storage was not authorized in advance by the property owner, or despite advance authorization, is otherwise deemed a public nuisance.

E. No person will be cited under this chapter unless the person engages in conduct prohibited by this chapter after having been notified by an enforcement officer that the conduct violates this chapter.

8.10.040 Exceptions.

A. Nothing in this section will prevent the city from abating a condition created by such camping or storage of personal property that presents an immediate threat to the public health or safety.

B. Nothing in this chapter may be construed to prohibit camping or the storage of unattended personal property pursuant to a valid permit, license, or other approval issued under federal, state or local law, or as otherwise expressly permitted in another part of this code.

8.10.050 Property removal.

A. An enforcement officer may remove personal property unlawfully stored or found in a public place as follows:

1. The location of any personal property including camping paraphernalia, will be tagged and dated with a notice including the following:
"It is illegal to store personal property in public places. If this personal property is not removed by (specify date at least forty-eight hours from posting), this personal property will be deemed intentionally abandoned and subject to removal and possible destruction."

2. The officer may remove any personal property still unlawfully stored or remaining in the public place after the posting period has expired.

B. If the unlawful camping or storage of personal property in a public place presents an immediate threat to the public health or safety, an enforcement officer may immediately remove the personal property without prior notice.

8.10.060 Personal effects.

A. At the time of removal of any unlawfully stored or remaining personal effects, the enforcement officer must conspicuously post and date a notice either at the exact location from which the personal effects were removed or at another nearby location giving the following information:

1. A list of personal effects removed;

2. A telephone number for information on retrieving personal effects;

3. The address and hours of operation where personal effects may be collected; and

4. The period of time during which the personal effects may be claimed.

B. Following removal of unlawfully stored or remaining personal effects, an enforcement officer must:
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1. Maintain an inventory identifying the personal effects; where the personal effects were approximately located; and the reasonable value of each item;

2. Place the removed personal effects in containers labeled in a manner facilitating identification by the officer and owner and which reasonably protect such property from damage or theft; and

3. Store the removed personal effects in a location designated by the city for a period of sixty days.

C. If personal effects are claimed within sixty days from removal, unless the property is connected to a crime or is illegal to possess, the city will release the stored property to the owner upon the following:

1. The person claiming ownership identifies the property and approximate location where the property was left by the owner.

8.10.070 Disposition of property.

A. Unlawfully stored or found personal effects removed from a public place and remaining unclaimed at the end of sixty days from removal may be disposed of by the city.

B. All other unlawfully stored or found personal property removed from a public place pursuant to this chapter is deemed intentionally abandoned and may be summarily abated and destroyed.

8.10.080 Violation a misdemeanor
In addition to any other remedies provided by law, any violation of the provisions of this chapter shall be a misdemeanor punishable by a fine not to exceed $1,000.00 or six months in jail, or both. Any person who violates the provisions of this chapter is subject to a suit for injunction as well as prosecution for the criminal violation. 624

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.12
September 25, 2024
PLN24-20054 - Amendment to Sec)on 120.04.010 of the Eastvale Municipal Code as it pertains to Accessory Dwelling Units (Second Reading)
Prepared By:

David Murray, City Planner
Recommended Action(s)
Staff recommends that the City Council adopt the proposed ordinance entled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING SECTION 120.04.010 (ACCESSORY DWELLING UNITS) OF THE EASTVALE MUNICIPAL CODE

Summary
The proposed ordinance would amend the City's regulaons related to Accessory Dwelling Units (ADUs) to comply with changes in state law since the last update to Secon 120.04.010 of the Eastvale Municipal Code in 2020.

Background
Beginning in 2016, the California legislature began to pass a series of bills designed to encourage addional small-scale housing producon by requiring jurisdicons throughout the State to meet requirements that would alleviate restricons on residenal development. Over the subsequent eight years, there have been numerous addional bills that expanded the ability to construct Accessory and Junior Accessory Dwelling Units (ADUs and JADUs) on both single-family and mul- family properties.

During this me, the City of Eastvale made incremental changes to the Municipal Code to maintain compliance with the ever-changing state mandates. However, the last update to Secon 120.04.010 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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of the Eastvale Municipal Code occurred in April 2020. Since then, there have been changes in state law related to ADUs resulng in the City's Municipal Code being out of compliance and subject to legal challenge. As such, staff is bringing forward a proposal to amend the code to bring it up to date with current legislation.

The proposed changes reflect current state legislature and include the following:
1 .

Clarificaons and addions to the definions secon including new definions for "Accessory Structure," "Detached Accessory Dwelling Unit," and "Objective Standards;" 2 .

Adjustment of maximum allowable ADU size from 1,200 square feet to the minimum size statutorily required (1,000 square feet);
3 .

Clarificaon to allow for ADUs in the front setback area when the condions of the property do not allow for the placement of an ADU of at least an 800 square feet in the side or rear yards;
4 .

Revisions to the language related to maximum height requirements for ADUs; and 5 .

Other clarifying changes as required.

On July 17, 2024, the Planning Commission adopted Resoluon 24-08 recommending that City Council adopt a Zoning Ordinance Amendment of Secon 120.04.010 of the Eastvale Municipal Code to comply with state law.

On September 11, 2024, the City Council introduced the ordinance related to the proposed amendment.

The proposed changes are consistent with the General Plan goals, policies, and implementaon programs. Specifically, Housing Element Strategy HE-1G provides the City will encourage the construcon of accessory dwelling units by amending the Municipal Code to be consistent with current state law.

State law requires the City to submit a copy of its ADU ordinance to the California Department of Housing and Community Development (HCD) within 60 days aJer it is adopted. HCD will issue findings regarding compliance with State law. HCD has not issued formal guidance to date addressing how HCD interprets the new ADU laws to assist cies in draJing their new ordinances.

HCD may request additional revisions to the Ordinance after it completes its review.

Environmental
On September 11, 2024, the City Council determined that the proposed ordinance is exempt from the California Environmental Quality Act (CEQA) review under the general rule exempon. The ordinance ensures compliance with state law by updang the City's regulaons for consistency. The adopon of this amendment does not exceed what is statutorily allowed under exisng state law, and will not directly result in development or intensification of land use.

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

Fiscal Impact
There is no fiscal impact to the City associated with adopon of this Zoning Code Amendment, as staff me to prepare this report and draJ ordinance is included in the 2024/25 FY Community 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Development Department budget.

Prior City Council/Commission Action
The City Council previously adopted Ordinances 2018-05 and 2020-03 to amend Secon 120.04.010 of the Eastvale Municipal Code.

On July 17, 2024, the Planning Commission adopted Resoluon 24-08 recommending that City Council adopt a Zoning Ordinance Amendment of Secon 120.04.010 of the Eastvale Municipal Code to comply with state law.

On September 11, 2024, the City Council introduced the ordinance related to the proposed amendment.

Attachment(s)
Attachment 1 - Proposed Amendments - Redline

Attachment 2 - Draft Ordinance

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