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: Permit Set was delivered on September 20, 2024.
PROJECT SCHEDULE:
• Advertise Construction Bid in January 2025.
• Begin Construction in May 2025.
PROJECT RENDERING:
210
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. Contractor is working on the final details such streetlights, landscaping, and decorative features.
PROJECT SCHEDULE: Construction activities began on September 5, 2023 with a construction duration of 260 working days.
PROJECT MAP:
Proposed Limonite Ave Bridge
211
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:
212
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:
213
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 was created and issued to the contractor.
PROJECT SCHEDULE: The construction is substantially completed.
PROJECT IMAGE:
214
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: final PS&E for Phase 1 was delivered.
PROJECT SCHEDULE: The construction bid was advertised on October 3rd with a close date of October 28th.
PROJECT IMAGE:
PROJECT TYPE: Capital Improvements Project
215
EASTVALE PUBLIC WORKS
PROJECT UPDATES
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: Draft ADA Transition Plan was published for public review on September 30 th until October 28 th . Final ADA Transition Plan will be recommended for adoption at November City Council meeting.
216
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.
• Permits have been pulled by Walmart to start the wi dening work on Archibald and Limonite.
PROJECT MAP:
LIMONITE AVE
ARCHIBALD AVE
217
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 All off-site improvements have been accepted.
PROJECT MAP:
ARCHIBALD AVE
LIMONITE AVE
218
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
219
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
220
EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Commercial Development
PROJECT NAME: Vantage Pointe Church
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:
221
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
222
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
223
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 are open and public improvements are o n-going.
PROJECT MAP:
HAMNER AVENUE
SCHOLAR WAY
58 TH STREET
LIMONITE AVENUE
224
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
225
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.6
October 23, 2024
City of Eastvale Crime Statistics – August 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 August 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 1 - Eastvale Crime Statistics Report August 2024
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PART I CRIMES JUN 2023 JUN 2024 JUL 2023 JUL 2024 AUG 2023 AUG 2024 YTD-2023 YTD-2024 Homicide 0 0 0 0 0 0 0 0
Arson 0 0 0 0 1 0 3 1
Aggravated Assault 19 7 14 14 10 8 150 110
Burglary 8 11 19 14 11 10 141 81
Larceny Theft 92 101 81 79 89 83 933 663
Rape 0 4 0 1 1 1 11 12
Robbery 5 1 2 3 1 4 30 21
Vehicle Theft 23 11 14 7 12 10 197 82
Total Part I Crimes 147 135 130 118 125 116 1,465 970
PART I CRIME JUN 2023 JUN 2024 JUL 2023 JUL 2024 AUG 2023 AUG 2024 YTD-2023 YTD-2024 Homicide 0 0 0 0 0 0 0 0
Rape 0 4 0 1 1 1 11 12
Robbery 5 1 2 3 1 4 30 21
Aggravated Assault 19 7 14 14 10 8 150 110
Arson 0 0 0 0 1 0 3 1
Total Violent Crimes 24 12 16 18 13 13 194 144
PROPERTY CRIMES JUN 2023 JUN 2024 JUL 2023 JUL 2024 AUG 2023 AUG 2024 YTD-2023 YTD-2024 Burglary 8 11 19 14 11 10 141 81
Vehicle Theft 23 11 14 7 12 10 197 82
Larceny Theft 92 101 81 79 89 83 933 663
Mail Theft 4 6 4 0 0 7 59 68
Total Property Crimes 127 129 118 100 112 110 1,330 894 JUN 2023 JUN 2024 JUL 2023 JUL 2024 AUG 2023 AUG 2024 YTD-2023 YTD-2024 2,100 2,375 2,328 2,180 2,146 2,420 25,867 18,596
CHARGE LEVEL JUN 2023 JUN 2024 JUL 2023 JUL 2024 AUG 2023 AUG 2024 YTD-2023 YTD-2024 Felony Arrests 13 4 13 21 12 12 206 101
Misdemeanor Arrests 22 29 22 27 30 30 352 242
Total Arrests 35 33 35 48 42 42 558 343
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
228
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 0
Arson 1 0 0 0 0 0 0 0 1
Aggravated Assault 17 21 20 18 5 7 14 8 110
Burglary 9 11 13 7 6 11 14 10 81
Larceny Theft 67 105 92 80 56 101 79 83 663
Rape 3 0 2 0 1 4 1 1 12
Robbery 0 5 3 3 2 1 3 4 21
Vehicle Theft 10 9 12 12 11 11 7 10 82
Total Crime 107 151 142 120 81 135 118 116 970
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 0
Rape 3 0 2 0 1 4 1 1 12
Robbery 0 5 3 3 2 1 3 4 21
Aggravated Assault 17 21 20 18 5 7 14 8 110
Arson 1 0 0 0 0 0 0 0 1
Total Crime 21 26 25 21 8 12 18 13 144
PROPERTY CRIMES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Burglary 9 11 13 7 6 11 14 10 81
Vehicle Theft 10 9 12 12 11 11 7 10 82
Larceny Theft 67 105 92 80 56 101 79 83 663
Mail Theft 7 11 14 15 8 6 0 7 68
Total Crime 93 136 131 114 81 129 100 110 894
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 2,420 18,596
CHARGE LEVEL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Felony Arrests 15 11 12 10 16 4 21 12 101
Misdemeanor 38 22 29 22 45 29 27 30 242
Total Arrests 53 33 41 32 61 33 48 42 343
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.
229
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 52 298
T/C – w/ Injury 8 5 6 8 14 10 7 3 61
T/C – Fatality 0 0 0 0 0 0 1 0 1 Hit & Run – No Injury 5 6 7 5 6 8 7 8 52
Hit & Run – w/ Injury 0 0 1 0 1 2 1 2 7
Total Collisions 47 46 62 60 50 43 46 65 419
TRAFFIC CITATIONS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Parking 144 154 232 151 118 201 138 166 1,304 Traffic / Moving 417 279 299 305 502 302 189 187 2,480
Commercial 101 159 215 276 143 204 179 284 1,561
Total Citations 662 592 746 732 763 707 506 637 5,345
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 10 47
Street Racing (VC 23103) 10 12 16 20 17 13 14 23 125
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.
230
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.7
October 23, 2024
Approval of Task Order No. 4 with Onward Engineering for Inspec/on Services for Various Public Works and Land
Development Projects
Prepared By:
Jimmy Chung, Public Works Director
Recommended Action(s)
Staff recommends that the City Council approve Task Order No. 4 with Onward Engineering for on- call Inspection services for various Public Works and Land Development projects.
Summary
The Public Works Department is commi*ed to the maintenance and opera+on of the City of Eastvale’s infrastructure. This includes ensuring the safety and quality of: streets, sidewalks, traffic signals, street lights, traffic signs, and storm drain inlets. Through ini+a+ves such as the Capital Improvement Program, we ac+vely improve the City’s infrastructure. Our mission is to keep the ameni+es that make Eastvale a premiere loca+on to live and raise a family and to ensure that the needs of Eastvale residents are met and exceeded every single day.
The Engineering Division is responsible for the design and construc+on of private development and capital/public projects. The division collects development fees, processes permits, and provides inspec+ons for a variety of construc+on and non-construc+on ac+vi+es within the public right-of- way. The services we provide ensure compliance with City Codes and design standards. Public Works Inspec+on provides a broad spectrum of services related to Public Works ac+vi+es. These services include the inspec+on of all improvements above ground (street improvements, curbs, gu*ers, sidewalks, street lights, traffic signals, pavement striping, etc.) and underground (sewer, water and storm drain) for private development and Capital Improvement Projects. The purpose of inspec+on 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Fund
Account
Department
Account
Description
Adopted
Budget
Available
Budget
General
100-320-
6433
Engineering
Private
Development
$800,000
$579,521.00
General
100-320-
6490
Engineering
Engineering
Services
$531,140
$365,544.50
is to ensure the compliance with plans, specifica+ons, local, state and federal laws, regula+ons, and ordinances.
With the upcoming increase in projects throughout the City including CIP Projects (such as the Slurry Seal, Chip-Seal, and Grind And Overlay asphalt projects), Land Development (including the Leal Property, Goodman, The Merge, The Vine, The Ontario Commerce Center, Vantage Point Church), and various permit projects, Public Works staff sees the need to temporarily increase the number of available inspectors to oversee these projects. The inspec+on services include the ability to have inspectors on weekends, as well as during night work, which helps supplement our inspectors outside of normal work hours and is a valuable asset to the City and department.
Background
On April 13, 2022, the City Council awarded a Professional On-call Services contract to Onward for inspec+on services (A*achment 1). The contract was then amended on January 18, 2024 to remove the not-to-exceed amount (A*achment 2). The City has issued three task orders to Onward over the course of the contract, and Onward demonstrated excep+onal knowledge and quality services that meet Eastvale's needs and expectations.
PO Amount
PO No.
Task Order No.
$150,000
1052
1 $150,000
1361
2 $250,000
1744
3 The services provided by Onward will involve full service inspec+on services, which include inspec+on of land development projects, capital improvement projects, and encroachment permits.
Onwards staff will work under the direc+on of City staff to ensure that all projects meet City's standards.
Environmental
The proposed contract is not a project as defined by the California Environmental Quality Act (CEQA) as it is administrative in nature, and as such no environmental review is required.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Right-size the organiza+on and staffing consistent with City services, needs, expecta+ons, and strategic plan priorities.
Fiscal Impact
There are sufficient funds budgeted in fiscal year 2024-25 for the recommended ac+on as shown below:
Capital
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232
Improvement
Project inspec+ons will be charged in accordance with the Capital Improvement Budget Plan.
Consultant time will be tracked and charged to appropriate accounts accordingly.
Prior City Council/Commission Action
On April 13, 2022, the City Council awarded an On-Call Engineering and Professional Consul+ng Services to Onward Engineering
On June 22, 2022, the City Council approved Task Order 1 to Onward Engineering On August 23, 2023, the City Council approved Task Order 2 to Onward Engineering January 18, 2024, the City Council approved the First Amendment to the On-Call Agreement.
On February 14, 2024 the City Council approved Task Order 3 to Onward Engineering.
Attachment(s)
Attachment 1 - Agreement of On-Call Contract with Onward Engineering
Attachment 2 - Amendment to On-Call Professional Services
Attachment 3 - Task Order 4
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233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
Task Order 4
to
On-Call Professional Services Agreement with Onward Engineering
A. Contractor will provide the following Construction Inspection Services:
1. Inspect a variety of public works and public utilities construction and maintenance projects, such as sidewalks, concrete structures, driveways, water main and service installations; reclaimed water facilities and mainlines; sewer main and lateral installations; utility projects including mechanical, electrical, and structural work; curbs and gutters, retaining walls, earthwork, street excavation and patchwork; drainage facilities, storm drains; landscape irrigation; underground conduit installations; and street marking, and traffic sign installation to ensure construction and materials comply with contract standards and specifications, state laws, local ordinances, NPDES requirements and proper construction practices.
2. Inspect concrete street improvements, including drive approaches, wheel chair ramps, block walls, and other elements; inspect asphalt concrete street paving and slurry seal coating; ensure correct street sections by checking grades and elevations.
3. Observe earthwork grading, trench compaction, slope construction, earthen berms and surface drainage.
4. Review soils compaction reports.
5. Inspect all aspects of traffic control set-up and maintenance for conformance with codes, specifications and safety practices.
6. Interpret construction plans and specifications; prepare and make recommendations on change orders; confer with City engineering staff on design problems encountered in the field.
7. Perform final inspection of construction projects for field acceptance; prepare list of required corrections prior to final acceptance.
8. Maintain necessary records of daily operations, including daily project reports, time, material, and equipment reports.
9. Review and confirm as-built drawings for public works facilities and utility projects.
1 0 . Coordinate activities and schedules with other entities involved in the construction project.
1 1 . Keep records pertaining to work assignments, employee information, and inspection work.
1 2 . Respond to queries by property owners, contractors, and staff regarding the construction project.
255
1 3 . Inspect construction activities to confirm compliance with City standards and regulations.
1 4 . Prepare monthly pay estimates.
1 5 . Record amounts of materials that are received or used during construction.
1 6 . Address and resolve complaints as they arise. Notify the City’s project manager of issues and request assistance when necessary.
1 7 . Perform observations, inspections and tests of construction projects and document findings in accordance with good engineering practices and applicable codes.
1 8 . Observe third party sampling and testing for conformance with contract specifications.
1 9 . Provide weekly status reports on issues/risks factors, schedule slippages, costoverruns as it relates to construction projects.
2 0 . Provide feedback to requests for information as it relates to projects inspected.
2 1 . Provide regular full-time onsite inspection to construction projects and assess project status.
2 2 . Serve as principal liaison for construction-related activities and coordinate formal interface actions between stakeholders and service providers.
2 3 . Serve as the central point of contact for communications, coordination, support, and advice to the Project Manager.
2 4 . Recognize, evaluate and properly resolve and/or make recommendations to unique problems or situations.
2 5 . Maintain effective customer service relationship with City staff and the public.
2 6 . Facilitate contract negotiations.
2 7 . Properly and safely oversee the operation of light-, medium- and heavy-duty motorized vehicles and equipment.
2 8 . Ensure appropriate communications take place with all involved personnel resulting in efficient use of manpower and finances to meet project milestones and City’s expectations.
2 9 . Other construction inspection duties as necessary to support City projects in construction.
256
3 0 . Minimum day is considered to be a 4-hour day. Cancellation of services will be made 12 hours prior to scheduled start and at no cost to the City.
3 1 . Notify the City immediately in the event of any safety issue or job-site accident.
B. Compensation for the foregoing Services will be a not to exceed amount of $300,000.00.
The hourly rate for each inspector is $130 and will not exceed 1,000 hours per inspector per fiscal year.
257
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.8
October 23, 2024
Approval of Task Order No. 4 with Wallace & Associates for Inspec1on Services for Various Public Works and Land
Development Projects
Prepared By:
Jimmy Chung, Public Works Director/ City Engineer
Recommended Action(s)
Staff recommends that the City Council approve Task Order No. 4 with Wallace & Associates for on- call Inspection services for various Public Works and Land Development projects.
Summary
The Public Works Department is commi-ed to the maintenance and opera.on of the City of Eastvale’s infrastructure. This includes ensuring the safety and quality of: streets, sidewalks, traffic signals, street lights, traffic signs, and storm drain inlets. Through ini.a.ves such as the Capital Improvement Program, we ac.vely improve the City’s infrastructure. Our mission is to keep the ameni.es that make Eastvale a premiere loca.on to live and raise a family and to ensure that the needs of Eastvale residents are met and exceeded every single day.
The Engineering Division is responsible for the design and construc.on of private development and capital/public projects. The division collects development fees, processes permits, and provides inspec.ons for a variety of construc.on and non-construc.on ac.vi.es within the public right-of- way. The services we provide ensure compliance with City Codes and design standards. Public Works Inspec.on provides a broad spectrum of services related to Public Works ac.vi.es. These services include the inspec.on of all improvements above ground (street improvements, curbs, gu-ers, sidewalks, street lights, traffic signals, pavement striping, etc.) and underground (sewer, water and storm drain) for private development and Capital Improvement Projects. The purpose of inspec.on 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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258
Fund
Account
Department
Account
Description
Adopted
Budget
Available
Budget
General
100-320-
6433
Engineering
Private
Development
$800,000
$579,521.00
General
100-320-
6490
Engineering
Engineering
Services
$531,140
$365,544.50
is to ensure the compliance with plans, specifica.ons, local, state and federal laws, regula.ons, and ordinances.
With the current surge in projects throughout the City including CIP Projects (such as the Slurry Seal, Chip-Seal, and Grind And Overlay asphalt projects), Land Development (including the Leal Property, Goodman, The Merge, The Vine, The Ontario Commerce Center, Vantage Point Church), and various permit projects, Public Works staff sees the need to temporarily increase the number of available inspectors to oversee these projects. The inspec.on services include the ability to have inspectors on weekends, as well as during night work, which helps supplement in-house inspector's outside of normal work hours and is a valuable asset to the City and department.
Background
On April 13, 2022, the City Council awarded a Professional On-call Services contract to Wallace & Associates for inspec.on services (A-achment 1). The contract was then amended on April 24, 2024 to remove the not-to-exceed amount (A-achment 2). The City has issued three task orders to Wallace & Associates over the course of the contract, and Wallace & Associates demonstrated exceptional knowledge and quality services that meet Eastvale's needs and expectations.
PO Amount
PO No.
Task Order No.
$150,000
1088
1 $150,000
1088
2 $180,000
1088
3 The services provided by Wallace & Associates will involve full service inspec.on services, which include inspec.on of land development projects, capital improvement projects, and encroachment permits. Wallace staff will work under the direc.on of City staff to ensure that all projects meet City's standards.
Environmental
The proposed contract is not a project as defined by the California Environmental Quality Act (CEQA) as it is administrative in nature, and as such no environmental review is required.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Right-size the organiza.on and staffing consistent with City services, needs, expecta.ons, and strategic plan priorities.
Fiscal Impact
There are sufficient funds budgeted in fiscal year 2024-25 for the recommended ac.on as shown below:
Prior City
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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Council/Commission Action
On April 13, 2022, the City Council awarded an On-Call Engineering and Professional Consul.ng Services to Wallace & Associates.
On July 27, 2022, the City Council approved Task Order No. 1 to Wallace & Associates.
On January 25, 2023, the City Council approved Task Order No 2. to Wallace & Associates.
On April 24, 2024, the City Council approved the First Amendment to the On-Call Agreement.
On May 8, 2024, the City Council approved Task Order No 3. to Wallace & Associates.
Attachment(s)
Attachment 1 - Executed PSA.pdf
Attachment 2 - First Amendment to PSA
Attachment 3 - Task Order 4
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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A-2022-041
AGREEMENT FOR ON - CALL PROFESSIONAL SERVICES
CONSTRUCTION INSEPCTION SERVICES]
This Agreement for On -Call Professional Services (" Agreement') is entered into as of this AL_ dayofMT, 2022byandbetweentheCityofEastvale, amunicipal corporation (" City") and Wallace & Associates Consulting, LLC. ("Contractor").
City and Contractor are sometimes hereinafter individually referred to as ' Party" and hereinafter collectively referred to as the ' Parties."
RECITALS
A. City has sought, by request for qualifications the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Contractor, following submission of its qualifications for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to be eligible to perform those services as needed and requested by the City.
C. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 " Termination of Agreement' of this Agreement, the Term of this Agreement is for three years commencing on the date first ascribed above.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. a) Scope of Services. Contractor agrees to perform Construction Inspection services ( hereinafter, the " Services") as requested and authorized by the City. [ The Services are more particularly described in Exhibit " A" attached hereto and incorporated herein.] When the City desires to utilize Contractor for Services, the City will issue a Task Order that includes a Scope of Services to be performed and the compensation to be paid for the Services within the Task Order. Each Task Order shall be attached to this Agreement as part of Exhibit " A" ( e.g., the first Task Order will be Exhibit " A- 1", the second Exhibit " A- 2," etc.). Each Task Order is made a part of this Agreement by this reference.
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b) Schedule of Performance. The Services authorized by each Task Order shall be completed pursuant to the schedule stated in the Task Order. Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Contractor shall not be compensated for any work rendered that are in addition to or outside of the Services authorized by a Task Order unless such additional services are authorized in advance and in writing in accordance with Section 26 " Administration and Implementation" or Section 28 " Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
a) The City has entered or will enter into a maximum of seven ( 7) non- exclusive contracts for performance of the Scope of Services identified in Exhibit A, including this Agreement (" On - Call Contracts"). The total aggregate amount payable by the City pursuant to the Task Orders issued under the On -Call Contracts shall not exceed a cumulative maximum total value of Four Hundred Fifty Thousand Dollars 450, 000) (" NTE Sum"). One Hundred Fifty Thousand Dollars ($ 150, 000) per fiscal year, for a total of Four Hundred Fifty Thousand Dollars ($ 450, 000) for the Term of the Agreement, shall be available for the category of services in Section 2( a): ( 1) Construction Inspection Services. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in each Task Order for the Services identified in the Task Order. The City Manager shall have the authority to approve Task Orders for Services that do not exceed the City Manager' s then -current signing authority for purchases of professional services as set forth in Section 4.06.050, as that section may be amended from time to time. All other Task Orders shall be approved by the City Council prior to the commencement of the Services. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under the On - Call Contracts through Task Orders.
Each time a Task Order is awarded under any of the On -Call Contracts, the City will send written notification to Contractor and each of the other consultants entering into the On - Call Contracts. The notice will identify the total funds allocated under issued Task Orders, and the remaining unencumbered amount of the NTE Sum. Contractor acknowledges and agrees that the City will not pay any amount under this Agreement that would exceed the NTE Sum, and Contractor shall not enter into a Task Order that exceeds the NTE Sum.
b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor ( by sub -category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If 2-
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the compensation set forth in subsection ( a) and the applicable Task Order include payment of labor on an hourly basis ( as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection ( c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty ( 30) days of receipt of Contractor' s correct and undisputed invoice.
d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Contractor' s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor' s work within sixty ( 60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor' s work shall be deemed to have been accepted. City' s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Contractor' s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 Indemnification" and Section 17 " Insurance."
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor' s guarantees and warranties in Section 9 " Standard of Performance" of this Agreement shall not extend to such use of the maps, models, designs, drawings, 3-
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photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors' work notes and drafts, which are owned by Contractor, not City.
SECTION 7. CONTRACTOR' S BOOKS AND RECORDS.
a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor' s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement.
Any and all such documents or records shall be maintained for three ( 3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546. 7, if the total compensation in Section 4 exceeds ten thousand dollars ($ 10, 000. 00), this Agreement and the Contractor' s books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three ( 3) years after final payment under the Agreement.
b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor' s address indicated for receipt of notices in this Agreement. c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor' s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors - in -interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
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a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor' s exclusive direction and control.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor' s officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor' s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
c) Neither Contractor, nor any of Contractor' s officers, employees, agents or subcontractors shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor' s indemnity obligations in Section 16 " Indemnification" of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, or its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.
SECTION 9. STANDARD OF PERFORMANCE.
Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Task Orders attached hereto in Exhibit " A" that shall also be applicable to Contractor' s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and 265
authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Contractor shall not discriminate, in any way, against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S. C.A. §§ 1101, et gA., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor' s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non -related WE
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services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. c) City understands and acknowledges that Contractor will perform non - related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered " voluntary" provided Contractor gives City notice of such court order or subpoena.
c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney' s fees, caused by or incurred as a result of Contractor' s conduct.
Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding.
Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. 7-
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SECTION 16. INDEMNIFICATION.
a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor' s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (" Indemnified Parties") from and against any and all liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. d) City' s Negligence. The provisions of this section do not apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit " B" " Insurance" and made a sm
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part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor' s duties or obligations under this Agreement without the prior written consent of the City.
Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 " Termination of Agreement." City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor' s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor' s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
a) City may terminate this Agreement, with or without cause, at any time by giving thirty ( 30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. b) Contractor may terminate this Agreement for cause at any time upon thirty 30) days written notice of termination to City.
c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor' s possession shall be returned to City. Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 " Compensation and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 " Compensation and Method of Payment" of this Agreement.
SECTION 21. DEFAULT.
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In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty ( 30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 " Termination of Agreement." Any failure on the part of the City to give notice of the Contractor' s default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Eastva le
Attn: City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: Wallace & Associates Consulting, LLC
Attn: Carl Wallace
PO Box 909
Murrieta, CA 92564
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Notice shall be deemed effective on the date personally delivered or, if mailed, three ( 3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 " Amendment" and the City Manager' s contracting authority under the Eastvale Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager' s contracting authority under Section 4. 06. 050 of the Eastvale Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City' s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City' s rights under this Agreement. All other amendments shall be approved by the City Council.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. 11-
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SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U. S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney' s fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits " A" ( including all subparts of Exhibit " A") and " B", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision( s). 12-
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SECTION 34. NONEXCLUSIVITY.
This Agreement shall not preclude the City from contracting with other persons for work that could be performed by Contractor under this Agreement or utilizing City employees to perform such work.
SECTION 35. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written.
ATTEST:
0 Marc Donohue
City -Clerk -
APPROVED AS TO FORM
Erica Vega
City Attorney
CITY OF EASTVALE
Henry Garcia
Interim City Manager
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Wallace Associates Consulting, LLC
By:
Name:
Its: 5 NIOA. VIDE Iy/ 2fi5taeoT
NOTE: CONTRACTOR' S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO
CONTRACTOR' S BUSINESS ENTITY. CORPORATIONS AND LLCS
MUST SUBMIT DOCUMENTATION SHOWING THAT THE INDIVIDUAL
SIGNING ON ITS BEHALF HAS THE AUTHORITY TO EXECUTE THIS CONTRACT.
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EXHIBIT " A"
SCOPE OF SERVICES & COMPENSATION
TASK ORDERS TO BE INSERTED HERE ONCE APPROVED. EACH TASK ORDER
MUST CONTAIN A SPECIFIC SCOPE OF SERVICE AND COMPENSATION INFORMATION FOR THOSE SERVICES.]
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EXHIBIT " B"
INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A. M. Best's rating of no less than A:VII.
Contractor shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage ( Occurrence Form CG 0001). 2) Automobile. Insurance Services Office form number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, including code 1 " any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. 3) Workers' Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement. 4) Professional Liability. Professional liability insurance appropriate to the Contractor' s profession. This coverage may be written on a " claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three ( 3) consecutive years following the completion of Contractor' s services or the termination of this Agreement.
During this additional three ( 3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:
1) Commercial General Liability. $ 1, 000, 000 general
aggregate for bodily injury, personal injury and property damage. 2) Automobile. $ 1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of C- 1
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not less than $ 2,000, 000 shall be considered equivalent to the said required minimum limits set forth above.
3) Workers' Compensation. Workers' Compensation as
required by the Labor Code of the State of California of not less than $ 1,000, 000 per occurrence.
4) Professional Liability. $ 1,000, 000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
2. Commercial General Liability and Automobile Liability Coverages. 1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. 2) Contractor' s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Contractor' s insurance. 3) Contractor' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation C- 2
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against City, and its respective elected and appointed officers, officials, employees and agents for losses arising.from work performed by Contractor.
C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit " B". The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.
2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor' s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
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A-2024-020
FIRST AMENDMENT TO ON - CALL PROFESSIONAL SERVICES
This First Amendment to On - Call Professional Services Agreement (" First Amendment") is hereby entered into on April 1. , 2024 by and between the City of Eastvale, a municipal corporation (" City") and Wallace & Associates, (" Contractor"). City and Contractor are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Parties."
RECITALS
City and Contractor entered into on - call professional services agreement on or about May 11, 2022 (" Agreement").
On July 27, 2022, the City of Eastvale City Council authorized an increase to the not to exceed amount and the City Manager's authority to approve task orders.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:
1. AMENDMENTS. The Agreement is hereby modified and amended as follows:
1.1 Section 4 ( Compensation and Method of Payment), paragraph ( a) is amended to read as follows.
The City has entered into forty-two ( 42) non-exclusive contracts, including this Agreement, for performance of the Scope of Services identified in Exhibit A as well as other types of professional services (" On - Call Contracts"). Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in each Task Order for the Services identified in the Task Order. The City Manager shall have the authority to approve Task Orders for Services that do not exceed the City Manager's then - current signing authority for purchases of professional services as set forth in Section 4.05.050, as that section may be amended from time to time. All other Task Orders shall be approved by the CityCouncil prior to the commencement of the Services. It is understood and agreed that there is no guarantee, either expressed or implied that any Services will be authorized under the On - Call Contracts through Task Orders. Contractor acknowledges and agrees that the City will not pay any amount under this Agreement without an approved Task Order."
2. GENERAL PROVISIONS.
2.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the Parties.
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2.2 Integration. This First Amendment constitutes the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the transaction discussed in this First Amendment.
2.3 Effective Date. This First Amendment shall not become effective until the date it has been executed by the appropriate authorities of the Parties.
2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.
2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Agreement on the date and year first written above.
CITY OF EASTVALE
Mark Orme
City Manager
ATTEST:
APPROVED AS TO FORM
Erica L. Vega
City Attorney
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Wallace & Associates
By: Tyson Atwood, P.E.
Its: Sr. Vice President
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Task Order A-4
to
On-Call Professional Services Agreement with Wallace & Associates
A. Contractor will provide the following Services:
1. Inspect a variety of public works and public utilities construction and maintenance projects, such as sidewalks, concrete structures, driveways, water main and service installations; reclaimed water facilities and mainlines; sewer main and lateral installations; utility projects including mechanical, electrical, and structural work; curbs and gutters, retaining walls, earthwork, street excavation and patchwork; drainage facilities, storm drains; landscape irrigation; underground conduit installations; and street marking, and traffic sign installation to ensure construction and materials comply with contract standards and specifications, state laws, local ordinances, NPDES requirements and proper construction practices.
2. Inspect concrete street improvements, including drive approaches, wheel chair ramps, block walls, and other elements; inspect asphalt concrete street paving and slurry seal coating; ensure correct street sections by checking grades and elevations.
3. Observe earthwork grading, trench compaction, slope construction, earthen berms and surface drainage.
4. Review soils compaction reports.
5. Inspect all aspects of traffic control set-up and maintenance for conformance with codes, specifications and safety practices.
6. Interpret construction plans and specifications; prepare and make recommendations on change orders; confer with City engineering staff on design problems encountered in the field.
7. Perform final inspection of construction projects for field acceptance; prepare list of required corrections prior to final acceptance.
8. Maintain necessary records of daily operations, including daily project reports, time, material, and equipment reports.
9. Review and confirm as -built drawings for public works facilities and utility projects.
10. Coordinate activities and schedules with other entities involved in the construction project.
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11. Keep records pertaining to work assignments, employee information, and inspection work.
12. Respond to queries by property owners, contractors, and staff regarding the construction project.
13. Inspect construction activities to confirm compliance with City standards and regulations.
14. Prepare monthly pay estimates.
15. Record amounts of materials that are received or used during construction.
16. Address and resolve complaints as they arise. Notify the City’s project manager of issues and request assistance when necessary.
17. Perform observations, inspections and tests of construction projects and document findings in accordance with good engineering practices and applicable codes.
18. Observe third party sampling and testing for conformance with contract specifications.
19. Provide weekly status reports on issues/risks factors, schedule slippages, cost overruns as it relates to construction projects.
20. Provide feedback to requests for information as it relates to projects inspected.
21. Provide regular full-time onsite inspection to construction projects and assess project status.
22. Serve as principal liaison for construction-related activities and coordinate formal interface actions between stakeholders and service providers.
23. Serve as the central point of contact for communications, coordination, support, and advice to the Project Manager.
24. Recognize, evaluate and properly resolve and/or make recommendations to unique problems or situations.
25. Maintain effective customer service relationship with City staff and the public.
26. Facilitate contract negotiations.
27. Properly and safely oversee the operation of light-, medium- and heavy-duty motorized vehicles and equipment.
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28. Ensure appropriate communications take place with all involved personnel resulting in efficient use of manpower and finances to meet project milestones and City’s expectations.
29. Other construction inspection duties as necessary to support City projects in construction.
30. Minimum day is considered to be a 4-hour day. Cancellation of services will be made 12 hours prior to scheduled start and at no cost to the City.
31. Notify the City immediately in the event of any safety issue or job-site accident. 286
B. Compensation for the foregoing Services will be as follows:
Compensation for the foregoing Services will be a not to exceed amount of $300,000.00.
The hourly rate for each inspector is $130 and will not exceed 1,000 hours per inspector per fiscal year .
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AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.9
October 23, 2024
Surplus City Hall Property
Prepared By:
Marc A. Donohue, Government Services Director/City Clerk Recommended Action(s)
Staff recommends that the City Council declare outdated City Hall property as surplus and authorize the destruction of surplus property.
Summary
Assets of the City that are no longer useable, no longer of value, or are surplus maybe be sold, donated, recycled, or in any other way disposed of.
Eastvale Municipal Code sec%on 4.06.110 allows for surplus supplies or equipment to be auc%oned or sold. The proposed list of surplus property has li,le to no value and is recommended to be destroyed.
Since the municipal code does not allow for destruc%on of surplus property to be approved by the Finance Director, staff is seeking City Council approval to declare the proposed equipment as surplus and approve their destruction.
Background
Not applicable.
Environmental
All items on the proposed list will be destroyed via e-waste disposal.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Not applicable.
Fiscal Impact
Not applicable.
Prior City Council/Commission Action
Not applicable.
Attachment(s)
Attachment 1 - Surplus Property
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Make Model S/N Asset Tag
Dell XPS 7D1G9C3 315
Dell XPS 2SWHZM2 150
Dell XPS CYQKZM2 149
Dell XPS 9SQVZY2 220
Dell XPS 7ZKD9Y2 233
Microsoft Surface Pro 46422390454 206
Microsoft Surface Pro 46164774154 230
Dell Latitude 5520 703TQG3 367
Dell Latitude 5520 91C05B3 345
Dell Latitude 5520 4K18NL3 384
Dell XPS CP5XQQ2 231
Microsoft Surface Pro 37301703153 302
Microsoft Surface Pro 19731790554 212
Microsoft Surface Pro 37214403153 301
Dell Inspirion 14 5000 3X5DQT2 235
Microsoft Surface Pro 46236774154 310
Dell OptiPlex 7060 BCJBKQ2 185
Microsoft Surface Pro 422677953 305
Microsoft Surface Pro 24856350753 24
Dell Power Edge R330 C6QWCH2
Dell Power Edge R320 19X0942
290
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.10
October 23, 2024
Resolu(on in Support of Proposi(on 36: The Homelessness, Drug Addiction, and Theft Reduction Act
Prepared By:
Stephanie Vasquez, Assistant to the City Manager
Recommended Action(s)
Staff recommends that the City Council adopt the resolution supporting Proposition 36.
Summary
Eastvale's legisla#ve ad hoc recommends that the City Council formally express support for Proposi#on 36, the Homelessness, Drug Addic#on, and The( Reduc#on Act. Proposi#on 36 aims to reduce the rising rates of crime and substance abuse, which have been closely #ed to homelessness and retail the(. By adop#ng this resolu#on, the City Council acknowledges the need for comprehensive reforms that address these issues and promotes community safety and public health through targeted intervention programs.
Background
California’s communities, have experienced increases in crime and substance abuse over the last few years. According to the California Department of Jus#ce, shopli(ing crimes rose by 29% in 2022 and another 39% in 2023. In addi#on, violent crimes like smash-and-grab robberies and fentanyl-related deaths are overwhelming local governments and social services. These issues are o(en connected to homelessness and mental health struggles, which the current jus#ce system is not fully equipped to handle.
Proposi#on 36 addresses these challenges by introducing reforms that priori#ze accountability, par#cularly for drug traffickers involved in fentanyl distribu#on. It also provides the judiciary with greater discre#on in sentencing, ensuring that jus#ce is tailored to the severity and circumstances of 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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each case. Furthermore, the proposi#on offers a pathway for individuals experiencing homelessness and suffering from mental illness or addic#on by integra#ng drug treatment, behavioral health services, and job training within the justice system.
Suppor#ng Proposi#on 36 signals our commitment to protec#ng our community and addressing the root causes of these issues.
Environmental
There are no environmental impacts relating to supporting proposition 36.
Strategic Plan Action - Priority Level: N/A
| Target #: A
| Goal #: N/A
Not applicable.
Fiscal Impact
Not applicable.
Prior City Council/Commission Action
Legisla#ve ad-hoc recommended Resolu#on in support of Proposi#on 36 be presented Council for consideration.
Attachment(s)
Attachment 1 - Resolution
Attachment 2 - Proposition 36 LAO
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RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, IN SUPPORT OF PROPOSITION 36, THE HOMELESSNESS, DRUG ADDICTION, AND
THEFT REDUCTION ACT
WHEREAS, Crime and substance abuse continue to plague California’s communities, exacerbating homelessness, retail theft, and drug addiction; and WHEREAS, Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, offers critical reforms that address the root causes of rising crime and substance abuse, providing more effective tools to combat these issues in our communities; and
WHEREAS, according to the California Department of Justice statewide crime data, shoplifting crimes increased by 29% in 2022 and another 39% in 2023; and WHEREAS, Recent spikes in retail theft, violent crimes such as smash-and-grab robberies, fentanyl-related deaths, and widespread drug abuse are overwhelming the capacities of local governments and social services; and WHEREAS, Proposition 36 emphasizes meaningful reforms, including heightened accountability for drug traffickers, especially those involved in fentanyl distribution, and empowers the judiciary with greater discretion in sentencing to ensure justice; and WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act allows critical behavioral health services, drug treatment, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse; and
WHEREAS, Breaking the cycle of repeat offenders means addressing the many root causes of retail theft; and
WHEREAS, it’s time for meaningful and tailored reforms to our justice system to ensure the safety of our communities; and
WHEREAS, this proposition reflects a need for decisive action to protect communities through comprehensive changes to address homelessness, addiction, and theft.
NOW, THEREFORE, BY THE CITY OF EASTVALE, THE CITY COUNCIL FORMALLY EXPRESSES SUPPORT FOR PROP 36, THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT AND THE BENEFIT THAT IT PROVIDES FOR OUR COMMUNITY’S SAFETY. 293
PASSED, APPROVED AND ADOPTED this 23 day of October, 2024. __________________________________________
Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 24-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 23 day of October 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
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PROPOSITION 36
Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes. Initiative Statute.
ANALYSIS OF MEASURE
BACKGROUND
Punishment Depends on Seriousness of Crime and Criminal History Punishment for Felonies. A felony is the most serious type of crime. People can be sentenced to county jail or state prison for felonies, depending on the crime and their criminal history. In some cases, people can be supervised in the community by a county probation officer instead of serving some or all of their sentence in jail or prison. This is called county community supervision. The length of a sentence mostly depends on the crime. For example, murder can be punished by 15 years or more in prison. In contrast, selling drugs can be punished by up to five years in jail or prison, depending on the drug. Sentences can also be lengthened due to details of the crime. For example,
sentences for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) can be lengthened based on the amount sold.
Punishment for Misdemeanors. A misdemeanor is a less serious crime. Examples include assault and drug possession. People can be sentenced to county jail, county community supervision, and/or a fine for misdemeanors. Sentences can be up to one year in jail.
Proposition 47 Reduced Punishments for Some Theft and Drug Crimes In 2014, Proposition 47 changed some theft and drug crimes from felonies to misdemeanors.
For example, shoplifting (stealing items worth $950 or less from a store) and drug possession generally became misdemeanors.
PROPOSAL
Proposition 36 makes several key changes related to punishments for theft and drug crimes. First, it increases punishment for some of these crimes. Second, it creates a new treatment-focused court process for some drug possession crimes. Third, it requires courts to warn people convicted of selling or providing illegal drugs to others that they can be charged with murder if they keep doing so and someone dies.
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Increases Punishment for Some Theft and Drug Crimes
Proposition 36 increases punishment for some theft and drug crimes in three ways:
• Turns Some Misdemeanors Into Felonies. For example, currently, theft of items worth $950 or less is generally a misdemeanor. Proposition 36 makes this crime a felony if the person has two or more past convictions for certain theft crimes (such as shoplifting, burglary, or carjacking). The sentence would be up to three years in county jail or state prison. These changes undo some of the punishment reductions in Proposition 47. • Lengthens Some Felony Sentences. For example, Proposition 36 allows felony sentences for theft or damage of property to be lengthened by up to three years if three or more people committed the crime together.
• Requires Some Felonies Be Served in Prison. For example, as discussed above, sentences for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) can be lengthened based on the amount sold. Currently, these sentences are served in county jail or state prison depending on the person’s criminal history. Proposition 36 generally requires these sentences be served in prison.
Creates New Court Process for Some Drug Possession Crimes Proposition 36 allows people who possess illegal drugs to be charged with a “treatment-mandated felony,” instead of a misdemeanor, in some cases. Specifically, this applies to people who (1) possess certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) and (2) have two or more past convictions for some drug crimes (such as possessing or selling drugs). These people would generally get treatment, such as mental health or drug treatment. Those who finish treatment would have their charges dismissed. Those who do not finish treatment could serve up to three years in state prison. This change undoes some of the punishment reductions in Proposition 47.
Requires Warning of Possible Murder Charges for Selling or Providing Drugs Proposition 36 requires courts to warn people that they could be charged with murder if they sell or provide illegal drugs that kill someone. This warning would be given to people convicted of selling or providing certain drugs (such as fentanyl, heroin, cocaine, and methamphetamine). This could make it more likely for them to be convicted of murder if they later sell or provide illegal drugs to someone who dies.
FISCAL EFFECTS
Proposition 36 would have various fiscal effects on the state and local governments. The size of these effects would depend on uncertain factors, such as what decisions local prosecutors would make.
Increases State Criminal Justice Costs. Proposition 36 would increase state criminal justice costs in two main ways.
• Increase in State Prison Population. It would require some people who now serve their sentences at the county level to serve them in state prison. Also, it lengthens some prison sentences. In total, the prison population could increase by around a few thousand people. (There are about 90,000 people in prison now.) 297
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• Increase in State Court Workload. This is because felonies usually take more time to resolve than misdemeanors. Also, treatment-mandated felonies would increase court workload.
In total, Proposition 36 would increase state criminal justice costs, likely ranging from several tens of millions of dollars to the low hundr eds of m illions of dollars each year (annually). This amount is less than one-half of 1 percent of the state’s total General Fund budget. (The General Fund is the account the state uses to pay for most public services, including education, health care, and prisons.)
Inc
reases Local Cri minal Ju stice Costs. Proposition 36 would increase local criminal justice costs in two main wa ys.
• Net Increase in County Jail and Community Supervision Population. In some ways, Proposition 36 would reduce the jail and community supervision population. This is because some people would go to state prison instead of the county level. In other ways, it would increase this population. This is because some people would spend more time in county jail or on community supervision. Overall, Proposition 36 likely would increase the county population. This increase could be around a few thousand people. (There are about 250,000 people at the county level now.) • Increase in Local Court-Related Workload. It would also increase workload for local prosecutors and public defenders. This is because felonies usually take more time to resolve than misdemeanors. Also, treatment-mandated felonies would create workload for some county agencies (such as probation or behavioral health departments).
In total, Proposition 36 would increase local criminal justice costs, likely by tens of millions of dollars annually.
Reduces Amount State Must Spend on Certain Services. Proposition 47 created a process in which the estimated state savings from its punishment reductions must be spent on mental health and drug treatment, school truancy and dropout prevention, and victim services. These estimated savings totaled $95 million last year.
By undoing parts of Proposition 47, Proposition 36 reduces the state savings from Proposition 47. This would reduce the amount the state must spend on mental health and drug treatment, school truancy and dropout prevention, and victim services. This reduction likely would be in the low tens of millions of dollars annually.
Other Fiscal Impacts. Proposition 36 could have other fiscal effects on the state and local governments. For example, if the increased punishments or mandated treatment reduce crime, some state and local criminal justice costs could be avoided. However, it is unknown if these or other effects would occur.
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YES/NO STATEMENT
A YES vote on this measure means: People convicted of certain drug or theft crimes could receive increased punishment, such as longer prison sentences. In certain cases, people who possess illegal drugs would be required to complete treatment or serve up to three years in prison.
A NO vote on this measure means: Punishment for drug and theft crimes would remain the same.
SUMMARY OF LEGISLATIVE ANALYST’S ESTIMATE OF NET STATE AND
LOCAL GOVERNMENT FISCAL IMPACT
• Increased state criminal justice costs, likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars annually, primarily due to an increase in the prison population.
• Increased local criminal justice costs, likely in the tens of millions of dollars annually, primarily due to county jail, community supervision, and court-mandated mental health and drug treatment workload.
BALLOT LABEL
Fiscal Impact: State criminal justice costs likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars annually. Local criminal justice costs likely in the tens of millions of dollars annually.
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AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.11
October 23, 2024
Professional Services Agreement with Kosmont & Associates, Inc. dba Kosmont Companies
Prepared By:
David Murray, City Planner
Recommended Action(s)
Staff recommends that the City Council authorize the City Manager to execute a Professional Services Agreement with Kosmont Companies in an amount not-to-exceed $40,040.00 to prepare a market study for the Chandler Policy Area.
Summary
Kosmont Companies provides a full range of economic development and real estate advisory services including economic development strategies, public/private project guidance, market studies and economic analysis. The Planning Division is ini+a+ng a market analysis of the Chandler Policy Area to gain a be,er understanding of different land uses that may be supported within the area prior to beginning the process of preparing a specific plan for the area.
Background
The Eastvale 2040 General Plan established the Chandler Policy Area as a designated land use category due to its unique status as one of the last remaining areas to remain rural in nature.
Generally bound by Hellman Avenue on the west, Chandler Street on the south, Archibald Avenue on the east, and the Cucamonga Creek channel and Southern California Edison u+lity easement to the north, the Chandler Policy Area contains a mix of land uses that reflect the community's agricultural heritage, including older farmworker housing on large lots, agriculture-related businesses, animal keeping, and barns. Addi+onally, much of the western por+on of the area is owned by Orange County Flood Control District (OCFCD) and is not available for development. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Policy LU-3.1 of the adopted Eastvale 2040 General Plan calls for the development of a specific plan for the Chandler Policy Area that encourages a mix of land uses that results in crea+ng a unique sense of place while respec+ng the rural character of the area. The General Plan also envisions the area to include a variety of housing types and densi+es, a commercial "Main Street" with a mix of shopping and dining opportuni+es, and a walkable network of paseos, trails, and plazas throughout the neighborhood.
As of this report, Planning Staff is in the process of preparing a Request for Proposals (RFP) to seek a mul+-disciplined consultant team to assist in preparing a specific plan that would include a robust community visioning process and would establish the development standards to guide development consistent with the community vision. It is an+cipated that the RFP will be released in fall/winter 2024 with an anticipated consultant selection and project kickoff in early 2025.
To inform the development of the specific plan, Kosmont will prepare a market and feasibility analysis of the Chandler Policy Area. The Analysis will provide informa+on about market demand and high-level financial feasibility for a range of residen+al and commercial uses, as well as a SWOT assessment of the strengths, challenges, and opportunities for the future development of the Area.
Working with Planning Division staff, Kosmont's scope of services includes the following:
Site Analysis: Review informa+on and documents regarding the Chandler Area and surrounding community, as well as exis+ng improvements and infrastructure needs. Inspect adjacent proper+es and surrounding neighborhoods to iden+fy any opportuni+es or limita+ons they might place on development poten+al for different uses (e.g., residen+al, retail, office). Iden+fy relevant development standards (i.e., parking requirements, height limits, floor to area ra+o (F.A.R.)) to determine current zoning limita+ons on development potential.
Demographic and Market Analysis: Analyze regional and local economic, demographic and property-market trends affec+ng the development poten+al of the Area. Prepare an Economic and Demographic Profile highligh+ng trends in household and business social and economic characteris+cs (popula+on, households, race/ethnicity, incomes, housing preferences, age, employment trends, spending pa,erns, and other metrics) across specific geographic boundaries (e.g., City-wide and within a defined Trade Area). Analyze current and historic commercial (e.g., retail, commercial, residen+al) supply condi+ons, such as inventory, vacancy, and lease rates within a defined Trade Area. Outline the current na+onal and regional land use trends and how they will likely impact the development of the Area.
SWOT Analysis: Prepare an analysis of fundamental strengths, weaknesses, opportuni+es and threats (SWOT) for each land use type, and will consider development trends and our Site and Market analyses. Consultant will suggest poten+al cataly+c projects to maximize the development potential within the Area.
Financial Feasibility: Provide a high-level examina+on of the financial feasibility of residen+al and commercial land uses. Es+mate direct and indirect construc+on costs for typical development prototypes in up to three scenarios. Based on expected market rents for each land use type and the stabilized value of buildings at comple+on, (aIer providing an 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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allowance for developer profit), Kosmont will es+mate the residual land value for each land use to identify best opportunities in the scenarios.
The Professional Services Agreement with Kosmont Companies will be effec+ve for dura+on of the scope of work, which is es+mated to be less than six months, and shall be in an amount not to exceed $40,040 which includes the $35,000 per the proposed scope of work plus an addi+onal 10% ($3,500) for con+ngencies such as addi+onal mee+ngs or a,endance at public hearings, and an additional 4% ($1,540) to cover consultant administrative service fees.
Environmental
Pursuant to Public Resources Code Sec+on 21065 (CEQA Guidelines), this ac+vity is not subject to environmental review under the California Environmental Quality Act (CEQA), as it does not cons+tute a "project," does not commit the City to a definite course of ac+on, does not cons+tute discre+onary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alterna+ve is exempt from CEQA as it falls within the "common sense" exemp+on set forth in CEQA Guidelines Sec+on 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the ac+vity in ques+on may have a significant effect on the environment." Individual projects as a result of this ac+on will undergo CEQA analysis as necessary.
Strategic Plan Action - Priority Level: 1
| Target #: B
| Goal #: C
Create "Destination Eastvale." Attract and retain businesses.
Fiscal Impact
Authorizing the City Manager to execute a Professional Services Agreement with Kosmont Companies will result in a total fiscal impact of up to $40,040. The Community Development Department has adequate budget available for consulting services under the Economic Development Division's "Other Contract Services" line item (account number 100-302-6490).
Prior City Council/Commission Action
On March 24, 2024, the City Council adopted the Eastvale 2040 General Plan. The General Plan establishes the Chandler Policy Area, including an aspira+onal vision for the future of the area, and calls for the prepara+on of a specific plan that facilitates a mix of uses while remaining sensi+ve to the agricultural heritage of the neighborhood.
Attachment(s)
Attachment 1 - Draft Professional Services Agreement - Kosmont - Chandler Area Plan
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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AGREEMENT FOR SERVICES
[Chandler Area Plan Economic Development]
This Agreement for Services (“Agreement”) is entered into as of this ____ day of _________, 2024 by and between the City of Eastvale, a municipal corporation (“City” or “Client”) and Kosmont & Associates, Inc. (dba Kosmont Companies), a California corporation (“Contractor” or “Kosmont”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by direct negotiation the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Contractor, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement shall commence on the date first ascribed above and terminate upon the completion of the Services and receipt of final payment by Contractor.
SECTION 2. SCOPE OF SERVICES.
Contractor agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
SECTION 3. ADDITIONAL SERVICES.
Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “ Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
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SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed forty thousand forty dollars ($ 40,040), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. (b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently revie w 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 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.
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 304
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Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, s tudies, surveys, reports, data, notes, computer files, files or other documents.
All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors’ work notes and drafts, which are owned by Contractor, not City.
SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and 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 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 305
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upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.
(b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s personnel.
Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s personnel are in any manner officials, officers, or employees of City. (c) Neither Contractor, nor any of Contractor’s personnel shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor’s indemnity obligations in Section 16 “Indemnification” of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.
SECTION 9. STANDARD OF PERFORMANCE.
Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in p roviding services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. 306
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SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or 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 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 307
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agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will perform non - related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, 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 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 308
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Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or oth er proceeding, if such filing is made under seal.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs 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 release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
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SECTION 17. INSURANCE.
Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the City.
Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City 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.
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” 310
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of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. Dur ing the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Eastvale
Attn: Community Development Director
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
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To Contractor: Kosmont Companies
Attn: Ken Hira
1601 N. Sepulveda Blvd., #382
Manhattan Beach, CA 90266
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
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 by any Party of any breach of the provisions of this Agreement shall not constitute a 312
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waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or 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
KOSMONT & ASSOCIATES, INC.
____
Ken K. Hira, President
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EXHIBIT "A"
SCOPE OF SERVICES
I. BACKGROUND AND OBJECTIVE
The City is anticipating development of a Specific Plan for the Area in the southwest part of the City. The Area currently has agricultural uses and limited residential and commercial uses. A conceptual plan for the Area was developed by the Chandler Vision Plan in May 2015, and later referenced in the Eastvale 2040 General Plan, aiming to encourage a broad mix of low-intensity uses, oriented around the rural / agricultural character of the area – including a mix of residential development, commercial / retail, makerspaces for business incubators / artisans / craft restaurants / breweries, and public plazas.
To inform the development of a Specific Plan, Client is seeking a market and feasibility analysis (“Analysis”) of the Area. The Analysis will provide information about market demand and high level financial feasibility for a range of residential and commercial uses, as well as a SWOT assessment of the strengths, challenges, and opportunities for the future development of the Area.
II. SCOPE OF SERVICES
Approach to Tasks: The prospective assignment and consulting services that Kosmont will provide will be of a relatively limited scope and duration, and advisory in nature.
Kosmont will be making recommendations only, which advise the Client and jurisdictions, including their elected officials, appointed officials, and staff, which they can accept or reject by. None of Kosmont's staff will act in a capacity as an elected official, nor appointed official, nor as staff, nor as serving in a "designated" position.
Task 1: Kickoff Meeting
Kosmont will meet with Client representatives and tour the Area to deepen our understanding of the region and Client’s short term and long-term goals and to understand opportunities and constraints and adjacent land uses.
Task 2: Site Analysis
Kosmont will review pertinent information and relevant planning documents regarding the Area and surrounding community, as well as existing Area improvements and infrastructure needs. This task will include reconnaissance of vehicle access, visibility, topography, views, and suitability for specific development. Kosmont will also inspect adjacent properties and surrounding neighborhoods to identify any opportunities or limitations they might place on development potential for different uses (e.g., residential, retail, office). Kosmont will identify relevant development standards (i.e., parking 315
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requirements, height limits, floor to area ratio (F.A.R.)) to determine current zoning limitations on development potential.
Task 3: Demographic and Market Analysis
Utilizing local real estate market information from local brokers and other sources such as ESRI / CoStar / Placer.ai mobile analytics, Kosmont will analyze regional and local economic, demographic and property-market trends affecting the development potential of the Area.
Kosmont will prepare an Economic and Demographic Profile highlighting trends in household and business social and economic characteristics (population, households, race/ethnicity, incomes, housing preferences, age, employment trends, spending patterns, and other metrics) across specific geographic boundaries (e.g., City-wide and within a defined Trade Area).
Kosmont will analyze current and historic commercial (e.g., retail, commercial, residential) supply conditions, such as inventory, vacancy, and lease rates within a defined Trade Area. The market demand analysis for commercial and residential uses will identify and analyze demand by different categories (e.g., building class, age, GLA/SF, affordability level) as determined by Consultant. The retail market demand analysis will include retail subcategories and an examination of major concentrations of competitive retailing / shopping centers that serve market area residents and an identification of retailer voids by retail subcategories.
Kosmont will outline the current national and regional land use trends and how they will likely impact the development of the Area.
Task 4: SWOT Analysis
Kosmont will prepare an analysis of fundamental strengths, weaknesses, opportunities and threats (SWOT) for each land use type, and will consider development trends and our Site and Market analyses. Consultant will suggest potential catalytic projects to maximize the development potential within the Area.
Task 5: Financial Feasibility
Kosmont will provide a high-level examination of the financial feasibility of residential and commercial land uses. To accomplish such, Kosmont will estimate direct and indirect construction costs for typical development prototypes in up to three scenarios.
Based on expected market rents for each land use type and the stabilized value of buildings at completion, (after providing an allowance for developer profit), Kosmont will estimate the residual land value for each land use to identify best opportunities in the scenarios.
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Task 5: Analysis Summary Report
Kosmont will present a draft Analysis Summary Report of analyses and findings in PowerPoint to the Client. Following feedback from the Client, Kosmont will prepare a final Analysis Summary Report.
Optional Task: Public Presentation
Kosmont can be available to make a presentation to City staff / City Council / Planning Commission, as agreed upon by Kosmont and Client. Kosmont can prepare an executive level presentation of the Final Report in PowerPoint.
III. SCHEDULE AND REQUIRED DATA
Consultant is prepared to commence work upon receipt of executed Agreement. Client will provide Consultant with relevant existing project data including prior analyses and plans, property land, land use and zoning information.
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EXHIBIT "B"
COMPENSATION
Compensation for Tasks 1 through 5 is estimated at $35,000 for professional services (hourly) fees at Consultant’s billing rates below. This estimate is based on no more than 2 consolidated round of Client comments and revisions on draft work product before Kosmont provides a final version of work product. This estimate does not include Contractor’s attendance at public meetings, either in person or through teleconferencing.
Contractor will charge City an administrative fee of 4% of the monthly professional service fees to cover in-house copy, fax, telephone, postage, digital/technological support and related administrative costs in lieu of line item invoicing for such reimbursable costs. Contractor will charge City at cost for travel and mileage, professional printing, and delivery charges for messenger services and overnight packages. If Contractor retains a third party vendor for City (with City’s advance approval), Contractor will charge City a 10% markup on the cost.
Hourly Billing Rates:
President $395.00/hour
Sr. Vice President/Sr. Advisor/Sr. Managing Director $370.00/hour Vice President/Project Advisor $250.00/hour
Senior Project Analyst $195.00/hour
Project Analyst/Project Research $175.00/hour
Assistant Project Analyst/Assistant Project Manager $150.00/hour Project Promotion/Graphics/GIS Mapping Services $ 95.00/hour Clerical Support $ 80.00/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 319
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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 320
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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.
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AGENDA STAFF REPORT
City Council Meeting
CITY COUNCIL BUSINESS
Agenda Item No. 13.1
October 23, 2024
2024 Third Quarter Economic Development Updates
Prepared By:
Alexander Fung, Economic Development Manager
Recommended Action(s)
Staff recommends that the City Council receive-and-file the report.
Summary
The City of Eastvale’s Economic Development Division strives to elevate the quality of life in Eastvale through fostering economic growth, prosperity, and stability within the community. The Economic Development Team aims to improve the local economy by a%rac&ng, expanding, and retaining businesses, crea&ng jobs, and fostering a business-friendly environment. In addi&on to leading efforts to iden&fy opportuni&es for Public-Private Partnerships and secure financial assistance from federal, state, and regional sources, the Division leads various special projects and programs that address the City’s emerging challenges and support Eastvale’s community growth. The Division also works closely with the Building Division, the Planning Division, and the Public Works Department to ensure that available land is developed in ways to promote economic growth.
Based on the goals and priori&es set by the City Council in the City’s Strategic Plan, staff aligns resources with opportuni&es to ensure that Eastvale’s economy remains strong, innova&ve, and vibrant. Staff desires to provide the City Council with updates regarding the City’s economic development efforts in past several months.
Background
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Earlier this year, the Economic Development Division held a Strategic Planning Workshop to assess ongoing projects, iden&fy gaps, and conduct SWOT analyses. Staff reviewed Eastvale’s economic vitality, assets, and demographics. A:er analyzing the 23 economic development-related goals in the City’s Strategic Plan, staff identified 10 new initiatives to be implemented this year:
Broker Engagement Strategy;
Business First Branding;
Educational Institution Attraction Strategy;
Law Enforcement Business Attraction Involvement Strategy; Medical Institution Attraction Strategy;
Neighboring Cities’ Economic Landscape Evaluation;
Property Vacancy Outreach Strategy;
Public Safety Enhancement Strategy for Shopping Centers; Sales Tax Agreement Monitoring and Evaluation Strategy; and Top Sales Tax Generator Outreach Strategy
Work plans for each of these new ini&a&ves have all been developed and are currently in their implementa&on phase. In a few months, the Economic Development Division will conduct another Strategic Planning Workshop in 2025 to ensure that projects and resources will con&nue to be aligned in order to serve the needs of Eastvale’s businesses and residents.
Business First Initiative
The Economic Development Division is in the process of launching a Business First Ini&a&ve to enhance the City’s efficiency, effec&veness, and service delivery for Eastvale’s businesses. This involves all municipal departments to further promote Eastvale as a genuine business-friendly city.
In addi&on to iden&fying opportuni&es to streamline processes across mul&ple departments, staff will innova&vely recognize businesses’ milestone achievements and showcase businesses’ success stories to highlight the City’s willingness and openness to support local businesses.
Community Outreach and Engagement
The Economic Development Division ac&vely partners with the Communica&ons Division to ensure that important information is shared with local residents and businesses via the City’s website, social media plaBorms, and newsle%ers. The City’s Economic Development Webpage, which can be accessed via
https://www.eastvaleca.gov/business
, includes a plethora of resources for businesses
and individuals who are interested in starting businesses in Eastvale.
Addi&onally, the Economic Development Division recently began releasing quarterly storytelling videos to inform residents and businesses of economic development projects, resources, and the importance of shopping locally. The first economic development storytelling video, which can be found at
https://www.youtube.com/watch?v=JvgrYMO7fzs
, was released during the City’s Economic
Development Week in May 2024. The second video, which was released in July 2024 and can be viewed at
https://www.youtube.com/watch?v=ksQX4sxhF7c
, focused on highligh&ng the City’s
partnership with the Eastvale Chamber of Commerce.
On the City’s social media channels, the Economic Development Division and the Communica&ons Division are collabora&ng to release several informa&ve series, including an “Eastvale Insider Series” to highlight the stories of Eastvale’ businesses, a “Business Walk Series” to showcase the most 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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visited businesses in Eastvale, and a “Legacy Business Series” to recognize the longest-serving businesses in each of Eastvale’s shopping centers. This month, staff will also relaunch the “Love Eastvale, Shop Eastvale” Shop Local Campaign to encourage residents and visitors to support local businesses.
The Economic Development Team also fosters and maintains a close partnership with neighboring ci&es’ economic development teams, key community organiza&ons such as the Eastvale Chamber of Commerce, and federal, state, and county economic development organizations and alliances. These rela&onships allow the City to expand its networks and inform partners of available retail and development opportunities in Eastvale.
Furthermore, the Economic Development Team strives to increase its presence in major city events such as the Lantern Fes&val, the Interna&onal Food Fes&val, and the Miracle at Citrus event, with the goal of educa&ng residents, businesses, and visitors about Eastvale’s economic development programs and available development opportuni&es. Staff recently par&cipated in the 2024 Interna&onal Food Fes&val, the 2024 Fall Fes&val, and the 2024 Eekvale event to speak with par&cipa&ng business vendors at the event to build rela&onships. The Economic Development Division will also be par&cipa&ng in upcoming events such as Winter Wonderland and Miracle on Citrus.
ICSC Real Estate Conferences
Interna&onal Council of Shopping Centers (ICSC) conferences serve as forums for ci&es to share retail and development opportuni&es with business managers, brokers, and developers. A%ending ICSC conferences is a productive and effective strategy to attract businesses’ interest in Eastvale.
Staff recently a%ended the 2024 ICSC Western Conference in Palm Springs on Tuesday, September 25, 2024 to engage in high-level discussions, network with poten&al partners, and obtain insights regarding upcoming trends in the real estate industry. The Economic Development Division is already in the process of preparing for the 2025 ICSC Las Vegas Conference, which will take place at the Las Vegas Convention Center from May 18, 2025 to May 20, 2025.
Incentive Programs
In June 2024, the City Council awarded a forgivable loan of $100,000 to Georgia’s Restaurant from the Business Incen&ve Loan Program. The award will assist Georgia’s to cover equipment and wage expenses and serve as a business a%rac&on and reten&on tool. Georgia’s con&nues to effec&vely reduce the City’s sales tax leakage, generate addi&onal revenue for the City, and encourage additional foot traffic and social activity around the Eastvale Gateway Shopping Center.
Addi&onally, the City Council adopted a new incen&ve program, known as the Shopping Center License Plate Reader Camera Grant Program, in July 2024 to assist Eastvale’s shopping centers to install Flock Safety Cameras. The footage and data captured by Flock Safety Cameras can expedite law enforcement’s response and inves&ga&on, leading to quick resolu&on of incidents and reducing nega&ve impacts on businesses. Informa&on regarding the grant program can be found on the City’s website at
https://www.eastvaleca.gov/business/shopping-center-license-plate-reader-lpr-camera- grant-program
.
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The City’s Monthly Business Walks recently have been rebranded as the “Business First Walks” to further highlight the City’s willingness to support local businesses. In addi&on to partnering with the City Council and the Eastvale Chamber of Commerce to conduct business walks and recognize the top 3 most visited businesses at each shopping center, the Economic Development Team’s monthly Council Business Walks will also recognize the youngest and longest-serving businesses in each of the shopping centers. With regards to the monthly Staff Business Walks, the Economic Development Team is now partnering with the Eastvale Volunteers, the Riverside County Workforce Development Board, and Riverside County Sheriff’s Office (RSO) to join the Economic Development Team and visit local businesses.
Shopping Center Success Roundtable
The Economic Development Team con&nues to host the Eastvale Shopping Center Success Roundtable to provide a plaBorm for property managers to discuss commercial property management challenges and share best prac&ces. Every commercial property manager and lessor in Eastvale is invited to a%end and par&cipate in these quarterly mee&ngs. Interested individuals can contact staff at
[email protected]
to learn more about the Roundtable.
The recent mee&ng was held on Wednesday, July 31, 2024 and featured presenta&ons on Eastvale’s shopping center visit reports, the Eastvale Shopping Center License Plate Reader Camera Grant Program, and Downtown Eastvale updates.
Site Selection Assistance
The Economic Development Team con&nues to pursue desired businesses by ac&vely reaching out to business managers, corporate representa&ves, brokers, and developers and informing them of Eastvale’s retail and development opportuni&es. For businesses that are interested in opening in Eastvale, staff provides one-on-one assistance during the businesses’ site selec&on process.
Interested businesses can contact
[email protected]
to learn about available
sites.
Top 25 Sales Tax Generator Outreach
To express sincere apprecia&on to the City’s Top 25 Sales Tax Generators, staff partnered with the Eastvale Chamber of Commerce to host a VIP Recep&on at the Chamber’s Annual Installa&on Dinner to recognize the contribu&ons of these businesses. The event was held at the Eastvale Community Center on Thursday, July 25, 2024.
Addi&onally, staff began hos&ng annual mee&ngs with each of the City’s Top 25 Sales Tax Generators to foster open communica&on and collabora&on with the City’s top revenue-genera&ng businesses. These mee&ngs allow staff to gain insights into the challenges, needs, and opportuni&es facing key businesses and offer proactive support.
Tourism Partnerships
The City’s first hotel, Staybridge Suites, recently opened in the Hamner Place Shopping Center. This provides an opportunity for the City to encourage and partner with tour groups to u&lize and stay at the hotel, thereby boos&ng the local economy and suppor&ng local jobs. Staff is in the process of collaborating with Discover Inland Empire to host a tour of the hotel for interested travel agents. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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In addi&on, the City is proud to partner with the Economic Development Teams from the Ci&es of Corona, Fontana, Jurupa Valley, Norco, Ontario, and Rancho Cucamonga to form the I-15 Economic Development Collabora&ve. This informal working group serves as an alliance commi%ed to leveraging resources to posi&on the Inland Empire as a premier des&na&on for those traveling to Southern California for the 2028 Summer Olympics. The Collabora&ve held its first mee&ng earlier this month, with the goal of hosting quarterly meetings to discuss partnership opportunities.
Workforce Development
The City recently became an official partner of University of California, Riverside’s (UCR) Inland SoCal Accelerate Hub. This dynamic ini&a&ve is designed to unify and bolster the efforts of entrepreneurial support organiza&ons, incubators, and accelerators within the Inland Empire. By providing essen&al resources, the Hub aims to empower high-poten&al ventures and boost innova&on and employment opportuni&es in the region. Various ci&es, regional organiza&ons, and nonprofits have commi%ed to being official partners of the Hub. A full list of partners can be found on UCR’s website at https://ihub.ucr.edu/i-hub-partners
.
The Economic Development Team is also partnering with the Riverside County Workforce Development Board to host a job fair in Eastvale. The job fair serves as a valuable resource for both job seekers and employers by facilita&ng connec&ons and opportuni&es, which can strengthen the local market by crea&ng more opportuni&es for sustainable employment. Staff is planning for a job fair to be held in Spring 2025, which is a peak hiring season for many retail businesses and restaurants.
Environmental
Pursuant to Sec&on 15378 of the California Environmental Quality Act (CEQA) Guidelines, organiza&onal or administra&ve ac&vi&es of governments that do not result in direct or indirect physical changes in the environment are not considered as CEQA projects.
Strategic Plan Action - Priority Level: 1
| Target #: B
| Goal #: A
The City’s Economic Development Team supports efforts to attract and retain businesses in Eastvale.
Fiscal Impact
Funds to implement the City’s economic development projects are budgeted within the Economic Development Division in the General Fund. Staff ac&vely con&nues to search for relatable grant funding to support additional economic development efforts.
Prior City Council/Commission Action
The City Council receives quarterly economic development updates during City Council mee&ngs.
The Planning Commission and the Public Safety Commission also receive periodic updates from the 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Economic Development Team. The previous update provided to the City Council was on July 24, 2024.
Attachment(s)
Not Applicable.
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