Agenda packet — Eastvale City Council, August 13, 2025 (part 3 of 5)

Project Manager (Building Envelope): Patrick Muldoon Project Manager (Accessibility): Kevin Waters 420
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(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City.

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

SECTION 21. DEFAULT.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default, or if the City elects, it may immediately terminate the Agreement pursuant to Section 20(c). The opportunity to cure timeframe, should the City elect to provide one, is presumptively thirty (30) days, but may be reduced or extended if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Consultant’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.

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

SECTION 23. COOPERATION.
(a) Cooperation by City. City, without cost to Consultant, will provide all pertinent information reasonably available to it which is necessary for performance by Consultant under this Agreement, including pertinent plans, reports and data. City does not guarantee or ensure the accuracy of any reports, information, and/or data so provided.

To the extent that any reports, information, and/or other data so provided was supplied to City by person or persons not employees of City, any liability resulting from inaccuracies and/or omissions contained in said reports, information or data shall be limited to liability on behalf of the party who prepared the information for City or otherwise supplied that 421
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information, report or data to City.
(b) Cooperation by Consultant. There may be other contractors, consultants, agents or forces of City working in the same area where work under the Agreement will be performed. Consultant must anticipate that is work may be interfered with or suspended from time to time on account of the concurrent performance of work by other contractors, consultants, agents or forces of City, and Consultant shall fully cooperate with such other parties to avoid any delay or hindrance of their work. City may require that certain facilities be used concurrently by Consultant and other persons.

Should Consultant sustain any loss, damage, or delay through any act or omission of any other contractor or any subcontractor of any such other contractor, Consultant shall have no claim against City therefore, other than an extension of time, but shall have recourse solely to such other contractor or subcontractor.

SECTION 24. NOTICES.

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

To City: City of Eastvale
Attn: Community Development Director
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Consultant: Walker Consultants
Sean Conolly, Principal
8935 Research Drive, Suite 200
Irvine, CA 92618
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 422
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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 Consultant and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the Eastvale Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work by Consultant 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 423
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shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

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

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. NO THIRD-PARTY BENEFICIARIES.

There are no intended third-party beneficiaries to this Agreement. Nothing in the Agreement or the attachments and/or exhibits incorporated herein shall operate to confer rights or benefits on persons or entities not party to the Agreement.

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.
[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

WALKER CONSULTANTS
____
________________
________________
Sean Connolly Principal
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EXHIBIT "A"

SCOPE OF SERVICES
Accessibliity

1. Attend a kickoff meeting with the Client on-site or via teleconference to review the status of the project, plans, schedule, and to coordinate our services.

2. Provide one (1) cursory peer review of the Architectural and Civil drawings and technical architectural specifications for the above-noted project. Walker will review the provided documents for compliance with Chapter 11B of the California Building Code and compliance with requirements of the 2010 Standards for Accessible Design. Walker will provide an accessibility compliance memo along with redlines directly on the PDF drawings and specifications to the Client.

3. Attend a meeting with the Client via teleconference to review Walker’s peer review recommendations.

4. Assist with review of submittals and provide our written review recommendations to the Client. Walker’s scope includes up to fifteen (15) submittal reviews for the above-noted building components, fixtures, cabinetry, hardware, and signage. Submittal packages by the contractor should be complete for each building to avoid excessive review time. Stamped submittal responses are to be provided by the Architect of Record.

5. Review Contractor Requests for Information (RFIs) relating to the above-described accessibility components and provide our written recommendations to the Client. Walker’s review includes up to twenty (20) hours of RFI consulting. Official RFI responses are to be provided by the Architect of Record.

6. One (1) staff member to perform up to eight (8) site visits at the project job site to observe the inprogress installations of the building components noted above. Walker will document our observations with field notes and photographs. Our site visit observation reports will be provided to the Client in a brief written report with photographic documentation. Site visits may include attendance at mockups, preinstallation meetings, observations of the work, or observation of testing performed by others. Building Envelop

1. Attend a kickoff meeting with the Client on-site or via teleconference to review the status of the project, plans, schedule, and to coordinate our services.

2. Provide one (1) cursory peer review of the Architectural drawings and technical specifications for the above-noted exterior waterproofing systems. Walker will provide recommendations and redlines to the Client directly on the PDF drawings and specifications.

3. Attend a meeting with the Client via teleconference to review Walker’s peer review recommendations.

4. Assist with review of submittals and provide our written review recommendations to the Client. Walker’s scope includes up to eight (8) submittal reviews for the above-noted waterproofing systems. Submittal packages by the contractor should be complete for each envelope system to avoid excessive review time.

Stamped submittal responses are to be provided by the Architect of Record.

5. Review Contractor Requests for Information (RFIs) relating to the above-described building envelope systems and provide our written recommendations to the Client. Walker’s review includes up to twenty (20) hours of RFI consulting. Official RFI responses are to be provided by the Architect of Record.

6. One (1) staff member to perform up to eight (8) site visits at the project job site to observe the inprogress installations of the exterior waterproofing work. Walker will document our observations with field notes and photographs. Our site visit observation reports will be provided to the Client in a brief written report with photographic documentation. Site visits may include attendance at mockups, preinstallation meetings, observations of the work, or observation of testing performed by others. 426
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EXHIBIT "B"

COMPENSATION
$55,000 for Accessibility and $44,000 for Building Envelop excluding reimbursable expenses. Lump sum fees will be billed as a percentabe of services completed each month.
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EXHIBIT "C"

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

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

Consultant shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers’ Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Consultant and all risks to such persons under this Agreement. (4) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional three (3) year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.

2. Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than:
(1) Commercial General Liability. $2,000,000 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 428
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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 with statutory limits and Employer’s Liability Insurance with limit of not less than $1,000,000 per occurrence for bodily injury or disease. (4) Professional Liability. $2,000,000 per occurrence or claim, $2,000,000 aggregate.

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

1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.

2. Commercial General Liability and Automobile Liability Coverages. (1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. (2) Consultant’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant’s insurance. (3) Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
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3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Consultant.

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

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

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

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

QSD/QSP INSPECTION SERVICES

FOR CIVIC CETNER PROJECT
This Agreement for Services (“Agreement”) is entered into as of this ____ day of _________, 2025 by and between the City of Eastvale, a municipal corporation (“City”) and Incompli, Inc. (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City is undertaking a major construction project involving the construction of a new civic center at Eastvale City Hall, 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752. This project consists of a new Civic Center for the City of Eastvale, California consisting of a 2-story Public Library, 3-story City Hall and a 2-story Police Station with 1 level of below grade secured parking. The northwest of the site will be occupied by a Public Park which includes an Amphitheater. The project is known as the “Eastvale Civic Center Project,” and is referred to herein as the “Project.” B. City requires professional assistance relating to the Project.

C. City has sought, by direct negotiation the performance of the services defined and described particularly in Section 2 of this Agreement.

D. 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 36 months commencing on the date first ascribed above. If the engagement of Contractor is not extended by mutual written consent of City and Contractor, then this Agreement shall be terminated at the end of the Term, provided that Contractor shall not be relieved of any of the obligations or covenants contained in this Agreement until the tasks provided for within the Scope of Services, and any Additional Services expressly agreed to, have been completed. It is further provided that the obligations or covenants contained in Sections 6, 7, 15-18, 20, 24-34 shall continue in full force and effect after termination of this Agreement due to completion, end of Term, or termination by the parties.

SECTION 2. SCOPE OF SERVICES.
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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.

During the period of this Agreement, upon request by City, Contractor, shall provide information related to Services that is reasonably necessary to assist City in its coordination of the efforts of others performing services related to the Services or Project.

Contractor shall, at no cost to City, prepare any necessary rework occasioned by Contractor’s failure to provide the services specified in Exhibit A in a satisfactory manner, due to any act or omission attributable to Contractor, or its agents, including subcontractors.

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.

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 Thirty Three Thousand Nine Hundred Dollars ($33,900), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. (b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. In the event that a payment dispute arises between the parties, Contractor shall provide to City full and complete access to Contractor’s labor cost records and other direct cost data, and copies thereof if requested by City. 432
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(c) City may withhold payment of a portion of an invoice because of defective work not remedied or because of unsatisfactory work performed by Contractor. When the foregoing grounds are removed by Contractor, payment shall be made for amounts withheld because of them.
(d) 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. (e) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor. (f) In no event shall Contractor be entitled to compensation over and above the original fee identified in Section 4(a) where changes in the scope of services or the time for performance are necessitated by the acts of or failures to act of Contractor, or any subcontractor agent, or other person performing under it.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, software, systems, networks, data, reports, estimates, opinions, recommendations, specifications, reports, estimates, summaries, files and other documents (collectively “Files”) 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 Files.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
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All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor.

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

SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed 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.
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(b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s personnel.

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

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” 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.

City’s review of software, systems, networks, drawings, designs, specifications, reports, opinions, recommendations and incidental consulting work or materials furnished under this Agreement will not in any way relieve Contractor of responsibility for the professional and/or technical adequacy of its work. Neither City’s review, acceptance of, nor payment for, any of the services will be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

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

Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement at Contractor’s sole cost unless otherwise specified in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be 435
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liable, at law or in equity, as a result of any failure of Contractor to comply with this section.

SECTION 11. PREVAILING WAGE & LABOR LAWS
Contractor shall keep itself fully informed of, and at all times shall observe and comply with, all applicable provisions of federal, state, and local laws, ordinances, and regulations which in any manner affect those engaged or employed on any work, or the materials and equipment that may be used in any work, or in any way affect the performance of any work, and of all orders and decrees of agencies having any jurisdiction or authority over work performed under this Agreement including, but not limited to, those related to equal opportunity employment and the following:
(a) Prevailing Wage: To the extent that the work and services, or any portions thereof, to be provided by Contractor or its sub-contractors under this Agreement is subject to California prevailing wage laws, Contractor shall pay prevailing wages to its Employees on any agreement in excess of one-thousand dollars ($1,000.00). Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, are on file at the District’s Offices, and may be obtained from the California Department of Industrial Relations website, [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Contractor shall comply with the eight (8) hours per day, forty (40) hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for work and services performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner, no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds two-thousand dollars ($2,000) and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements.
(b) Contractor shall comply with Section 12101 through 12901 of Title 22, California Administrative Code. Contractor shall warn all persons at the work site of their exposure to chemicals known to the state to cause cancer or birth defects or other reproductive harm. Contractor shall be responsible for compliance by its subcontractors with this article.
(c) Contractor stipulates and agrees that pursuant to the provisions of Labor Code, Sections 1810 through 1815, eight (8) hours labor shall constitute a legal day's work, and no worker shall be required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week, except as provided under Section 1815. Nothing in this provision shall be construed to relate to wage determination or in any way affect contractual provisions related to compensation. (d) Notwithstanding the Labor Code provisions set forth above, pursuant to 436
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Labor Code, Section 1815, work performed by employees of Contractor in excess of eight (8) hours per day and forty (40) hours during any one (1) week shall be permitted provided that compensation shall be made for all hours worked in excess of eight (8) hours per day at no less than one and one-half (1-1/2) times the basic rate of pay. (e) Contractor shall be allowed to substitute securities for any monies withheld to ensure performance under this Agreement pursuant to Section 22300 of the California Public Contracts Code.
(f) To the extent required, Contractor shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, and all other applicable federal, state, and local requirements to do the type of work contemplated in this Agreement and shall be skilled and regularly engaged in the general class or type of work called for under the Agreement.

If any discrepancy or inconsistency should be discovered between the Agreement and any law, ordinance, regulation, order, or decree, Contractor shall immediately report the same in writing to Central San. Contractor shall require and be responsible for the compliance by subcontractors of all tiers with the above provisions of this article.

Failure of Contractor to comply with this Section 11, or any federal, state, and local laws, ordinances, and regulations which in any manner affect those engaged or employed on any work, or the materials and equipment that may be used in any work, or in any way affect the performance of any work, and of all orders and decrees of agencies having any jurisdiction or authority over work performed under this Agreement, shall constitute a material breach of this Agreement.
(g) Contractor shall perform the work in full compliance with applicable local, state, and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete responsibility during the course of completion of the Services for job site safety of Contractor’s employees and subcontractor’s employees and their property, applicable at all times, and not limited to normal working hours. Nothing in this Section requires Contractor to be responsible for job site safety of City’s property or City’s personnel or the property or personnel of any third parties over which Contractor has no authority or control.

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 437
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Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will perform nonrelated 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 dealings of the parties under this Agreement, as well as information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential by Contractor, 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 prompt notice of such court order or subpoena.
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have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Contractor’s conduct.

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

SECTION 16. INDEMNIFICATION; LIMITATION OF LIABILITY.
(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) that 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.
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(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) Indemnification from Design Professionals. Contractors meeting the definition of a design professional, per California Civil Code § 2782.8(c), shall indemnify, protect, defend and hold harmless City, and any and all of its officials, employees and agents, from and against any and all claims, demands, costs, or liability that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor. (e) Intellectual Property Indemnification. City does not authorize the impermissible use of any patent or the reproduction of any copyrighted material by Contractor which exceeds “fair use” in the performance of this Agreement. Contractor is solely responsible for any such infringement. Contractor shall indemnify, protect, defend and hold harmless City from any and all losses, damage, costs, expenses, and attorneys’ fees suffered or incurred as a result of or in connection with any claims or actions based upon infringement or alleged infringement of any patent, copyright, or trade secret, and arising out of the use of the equipment or materials utilized to perform under this Agreement or specified by or procured by Contractor, or out of the processes or actions employed by, or on behalf of, Contractor in connection with the performance of this Agreement.
(f) City’s Negligence. The provisions of paragraphs (a) to (e) of this Section 16 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. (g) Insurance. Submission of insurance certificates or submission of other proof of compliance with the insurance requirements does not relieve Contractor from liability under this Section. The obligations of this Section shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
(h) Limitation of City Liability.

Except as otherwise provided in this Agreement, City's obligations under this Agreement shall be limited to the payment of the compensation provided for in Section 4 of this Agreement,
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Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, or the Services described in Exhibit A.

City shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Contractor, or by any of its employees, even though such equipment be furnished, rented or loaned to Contractor by City. The acceptance or use of such equipment by Contractor or any of its employees shall be construed to mean that Contractor accepts full responsibility for and shall exonerate, indemnify, defend and save harmless City from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to Contractor, its employees, City employees or third parties, or to property belonging to any of the above.

Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Contractor may have under this Agreement or any applicable law. All rights and remedies of City or Contractor, whether under this Agreement or other applicable law, shall be cumulative.

SECTION 17. INSURANCE.

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

SECTION 18. ASSIGNMENT.

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

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

SECTION 19. SUBCONTRACTORS; DESIGNATION AND CONTINUITY OF PERSONNEL.
(a) No subcontract shall be awarded or an outside consultant engaged by Contractor unless prior written approval is obtained from City. No additional approval 441
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shall be required for subcontracting with or engagement of any outside consultant set forth in an exhibit to this Agreement ( Exhibit A), subject to subd. (b) below. (b) If any subcontract is awarded or an outside consultant is engaged by Contractor to perform work and/or provide services that are subject to California prevailing wage laws, where such prevailing wage work was not initially anticipated, Contractor shall notify City in writing of the subcontract and/or outside consultant, the scope of work said subcontractor or outside consultant will perform, and any other information City deems reasonably necessary to complete and file the required Form PWC-100 or any other documents.
(c) 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. Contractor designates to have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Contractor designates the following persons for the indicated functions:

Substitution of any of these assigned personnel shall require the prior written approval of City. If City determines that a proposed substitution is not acceptable, then, at the request of City, Contractor shall substitute with a person acceptable to City.

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.

Incompli
Alejandro Perez, QSP
Victoria Serrano, QSD
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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, or if the City elects, it may immediately terminate the Agreement pursuant to Section 20(c). The opportunity to cure timeframe, should the City elect to provide one, is presumptively thirty (30) days, but may be reduced or extended 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.
(a) Cooperation by City. City, without cost to Contractor, will provide all pertinent information reasonably available to it which is necessary for performance by Contractor under this Agreement, including pertinent plans, reports and data. City does not guarantee or ensure the accuracy of any reports, information, and/or data so provided. To the extent that any reports, information, and/or other data so provided was supplied to City by person or persons not employees of City, any liability resulting from inaccuracies and/or omissions contained in said reports, information or data shall be limited to liability on behalf of the party who prepared the information for City or otherwise supplied that information, report or data to City.
(b) Cooperation by Contractor. There may be other contractors, consultants, agents or forces of City working in the same area where work under the Agreement will be performed. Contractor must anticipate that is work may be interfered with or suspended from time to time on account of the concurrent performance of work by other contractors, consultants, agents or forces of City, and Contractor shall fully cooperate with such other parties to avoid any delay or hindrance of their work. City may require that certain facilities be used concurrently by Contractor and other persons.

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of any other contractor or any sub-consultant of any such other contractor, Contractor shall have no claim against City therefore, other than an extension of time, but shall have recourse solely to such other contractor or sub-consultant.

SECTION 24. NOTICES.

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

Steven Lundrigan
85 Argonaut Suite 210
Aliso Viejo, CA 92656
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
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SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the Eastvale Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

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

SECTION 32. ENTIRE AGREEMENT.

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

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by 445
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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. NO THIRD-PARTY BENEFICIARIES.

SECTION 35. CONFLICTING TERMS.

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

APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney
Incompli, Inc.
____
________________
________________
Steven Lundrigan
Environmental Consultant
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EXHIBIT "A"

SCOPE OF SERVICES
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EXHIBIT "B"

COMPENSATION
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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 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. $2,000,000 general aggregate for bodily injury, personal injury and property damage. (2) Automobile. $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of not 450
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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 with statutory limits and Employer’s Liability Insurance with limit of not less than $1,000,000 per occurrence for bodily injury or disease. (4) Professional Liability. $2,000,000 per occurrence or claim, $2,000,000 aggregate.

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

2. Commercial General Liability and Automobile Liability Coverages. (1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. (2) Contractor’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Contractor’s insurance. (3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation 451
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against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.

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

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

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

3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
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Third Amendment to Agreement for Services
[Civic Center Owner’s Representative]
This Third Amendment to Agreement (“Third Amendment”) is entered into this 13th day of August, 2025 by and between the City of Eastvale, a California general law city (“City”), and Griffin Structures, Inc., a California corporation (“Contractor”), as follows:

RECITALS
A. City and Contractor entered into an agreement for Civic Center Owner’s Representative and Bridging Architect services on or about November 10, 2021 (“Agreement”). The Agreement included services to be provided by various subcontractors to Contractor, including but not limited to bridging architectural services.

B. City and Contractor entered into a first amendment to the Agreement on or about October 12, 2022 (“First Amendment”) to reduce the scope of services by removing subconsultants, including bridging architectural services, and reduce the total compensation not-to-exceed amount to $1,845,353.00.

C. City and Contractor entered into a second amendment to the Agreement on or about April 26, 2023 (“Second Amendment’) to modify the billing structure from a time-andmaterials basis to a monthly fixed fee basis, with no change in the total compensation not-to-exceed amount.

D. The Civic Center project is now in construction phase. Contractor has requested, and the City agrees, to revert compensation back to compensation based on time-and-materials rather than a fixed monthly fee.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Third Amendment which modifies and amends the Agreement as follows:

1. AMENDMENT TO SECTION 1. Section 1 (Term of Agreement) to the Agreement is replaced in its entirety with the following:
“Subject to the provisions of Section 20 “Termination of Agreement” of this Agreement, the Term of this Agreement shall commence on November 10, 2021 and terminate on December 31, 2028.”

2. AMENDMENT TO SECTION 4(a). Section 4(a) (Compensation and Method of Payment) is amended to increase the total compensation not-to-exceed amount to Four Million One Hundred Twenty Three Thousand Seven Hundred and Five Dollars ($4,123,705.00).

3. AMENDMENT TO EXHIBIT B. Exhibit B to the Agreement is replaced in its entirety with the following:
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4904-4949-8969 v3 -2-
“EXHIBIT B

COMPENSATION
The total compensation under this Agreement, including reimbursement for expenses, shall not exceed $4,123,705.00. Upon issuance of a formal Notice to Proceed by City, Contractor shall use the following hourly rates in providing the Services as of the date stated in the Notice to Proceed, which shall coincide with the first day of a calendar month.

Jon Hughes / Principal in Charge: $0 per hour for the first 224 hours, $235 thereafter
Steve Chaky / Project Executive: $230 per hour
Logan Smolchuck or Dave Kutnyak / Construction Manager: $205 per hour David Roth / Project Inspector: $200 per hour
Time will be billed in 15 minute increments. The above hourly rates will remain fixed through March 31, 2026. Contractor may raise the hourly rates by 4% on April 1, 2026 and each April 1 thereafter.

The designated staff listed above may not be substituted prior to the start of work or at any point during the project without the City’s prior written approval and a minimum of two weeks’ notice. Any proposed replacement must possess equal or greater relevant experience and must be billed at the same or lower rate as the original team member. Resumes and all relevant qualifications for replacement personnel must be submitted for review and approval.

In addition to the above hourly rates, Contractor shall charge the City for the following reimbursable expenses:

Cloud Based Document Control (Submittal Exchange): $40,000 (one-time charge)
Scheduling Services: $148,000 (billed monthly, aggregate total not-to-exceed $148,000)
Insurance: $22,557 (billed monthly on a pro-rata basis) Qualifications and Exclusions: Qualifications and Exclusions number 3-21 listed in Griffin Structures ASR 03 dated July 10, 2025 are incorporated into this Exhibit B by reference.”

4. AMENDMENT TO SECTION 11. Section 11 (Prevailing Wage Laws) to the Agreement is replaced in its entirety with the following:
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“Contractor represents that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall obtain a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, Contractor may view a copy of the prevailing rates of per diem wages at the City. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.”

5. GENERAL PROVISIONS.
a. Remainder Unchanged. Except as specifically modified and amended in this Third Amendment, the Agreement remains in full force and effect and binding upon the parties. b. Integration. This Third 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 Third Amendment. c. Effective Date. This Third Amendment shall take effect as of the date it is fully executed by both Parties, except that the changes to Exhibit B made by Section 3 of this Third Amendment shall not take effect until the date identified in the Notice to Proceed issued by the City.
d. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Third Amendment. 455
4904-4949-8969 v3 -4-
e. References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Third Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Third Amendment.

IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above.

CITY OF EASTVALE:
____________________________
Mark Orme, City Manager
APPROVED AS TO FORM:
____________________________
Erica L. Vega, City Attorney
ATTEST:
____________________________
Marc Donohue, City Clerk
GRIFFIN STRUCTURES, INC.
___________________________
Jon Hughes, President & CEO
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AGENDA STAFF REPORT
City Council/Eastvale Public Financing Authority Meeting

CONSENT CALENDAR
Agenda Item No. 11.12
August 13, 2025
Second Reading and Adop,on of an Ordinance Amending the Development Impact Fee Program and Park and Recrea,on Fees and Dedications
Prepared By:

Amanda Wells, Finance Director/City Treasurer
Recommended Action(s)
Staff recommends that the City Council Adopt the Ordinance en tled: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF EASTVA,LCEALIFORNIA, AMENDING CHAPTER 110.28 (DEVELOPMENT IMPACT FEE PROGRAM) AND SECTION 130.20.020 (PARK AND RECREATION FEES AND DEDICATIONS) OF THE EASTVALE MUNICIPAL CODE.

Summary
A development impact fee (DIF) is a monetary exac
on imposed by a local agency on a developer as
a condi
on of approval for new development projects within the agency’s borders. The primary policy objec
ve of an impact fee program is to ensure new development pays a fair share toward capital infrastructure associated with growth within the city. The city first established a development impact fee program on April 25, 2012 with the adop on of Ordinance 2012-02. The
development impact fees were adopted a?er a development impact fee nexus study was completed, which calculated and presented fees that enabled the city to expand its inventory of public facili
es, as new development creates increases in service demands. The 2012 study and subsequent fee adop
on allowed the city to collect development impact fees for Transporta on,
Fire Facili
es, and Public Facili
es under authority granted by the Mi
ga
on Fee Act (the Act),
contained in the California Government Code sec
on 66000. As the study is 13 years old, the city
entered into an agreement in September 2023 with NBS Government Finance Group (NBS) to conduct a new nexus study for the city’s development impact fee program. The new study ensures 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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that a viable nexus exists between future development and its propor onate impact on city
infrastructure while considering city growth and infrastructure costs in establishing appropriate fee amounts. Staff from Community Development and Engineering worked in coordina on with the
Finance Department and the City AGorney to provide informa on to NBS who completed the study.

The study relies on the city's Capital Improvement Plan for informa on regarding city projects and
expected capital costs.

The methods used to calculate impact fees and in-lieu fees in this study are intended to sa sfy all
legal requirements governing such fees, including provisions of the U. S. Cons tu
on, the California
Constitution and the California Mitigation Fee Act (Government Code Sections 66000-66025).

Background
The Mi
ga
on Fee Act contains requirements for establishing, increasing and imposing impact fees.

They are summarized below. It also contains provisions that govern the collec on and expenditure
of fees and requires annual reports and periodic re-evalua on of impact fee programs. Those
administra
ve requirements are discussed in the implementa
on chapter of the aGached report.

The city has annually compiled the required reports and those reports can be found on the city’s website.

Facilities Addressed & Major Changes
Exis
ng impact fees consist of Transporta
on, Fire, and General Public Buildings. Addi
onal
information on services associated with these fees are listed below in Table 1.

Table 1: Existing Impact Fee Services Reviewed
Impact Fees Service Area/Description
Transportation
Road improvements at Hellman Cucamonga Creek Bridge, traffic signals citywide
Fire Additional Eastvale Fire Station
General Public Buildings Civic Center and Police Services The new nexus study considered addi
onal infrastructure and services in addi
on to the items listed
in Table 1. Addi
onal informa
on regarding services associated with the proposed fees are listed below in Table 2.

Table 2: Final Impact Fee Services
Impact Fees Service Area/Description
Park Improvements Civic Center Park, Grand Park
Recreation Facilities
Community Center, Aquatic Center, Citrus
Reimagined
City Hall City Hall @ Civic Center
Library Library @ Civic Center
Police Police Station @ Civic Center
Fire Third Fire Station
The major changes incorporated into the fee update include the following:
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Including new facilities and cost estimates for each facility New facili
es include Civic Center Park, Grand Park, and Citrus Reimagined (community center and aquatic center)
Upda
ng facili
es included in previous study with current plans and updated project estimates
Updated facilities include Library, City Hall, Police Station, and Fire Station The update to facili
es triggered a change in fee structure, two new fees are proposed (Park Improvement and Community and Recrea
on Centers), Public Facili
es was extended to
include libraries and was separated into two fees: Library and City Hall, and Police was also separated from Public Facilities into a separate category Current reserve amounts and DIF balances were utilized to offset project costs Updated service demand for both fire and police services Impact Fee Analysis & Methodology
The study u
lized future development forecasts based on the Eastvale General Plan through 2040.

The analysis for each type of facility addressed in the study is presented in separate chapters. Within each chapter the rela
onship (nexus) between development and the need for a par cular type of
facility is defined in a way that allows the impact of addi onal development on facility needs to be
quan
fied. The impact fees are based on capital costs for facili es and other capital assets needed
to mi
gate the impacts of addi
onal development. Impact fees may only be used to expand city infrastructure and assets and may not be used for maintenance or operating costs.

Any one of several legi
mate methods may be used to calculate impact fees. The choice of a par
cular method depends primarily on the service characteris cs of, and planning requirements
for, and the type of facility being addressed. To some extent those methods are interchangeable, because they all allocate facility costs in propor
on to the needs created by development. Of the
calcula
on methods, this study employed the exis
ng inventory and system plan methods,
depending on the par
cular fee being calculated. The exis
ng inventory method calculates fees so
that new development will fund expansion of facili
es at the same standard currently used to serve
exis
ng development. This method was u
lized for both Park Improvements and Recrea
on
Facili
es fees. The system plan method calculates fees so that new development pays for its share of the cost of an integrated system of facili
es at the future standard aGributable to new
development. This method was u
lized for Library, City Hall, Police Sta
on, and Fire Department
Facilities.

The Mi
ga
on Fee Act requires that findings for the purpose and use of fees and reasonable rela
onships are established between the use of fees and the subsequent need for facili es and the
development on which the fees are imposed. In order to sa sfy those requirements, the study must
ensure that the “ra
onal nexus” and “rough propor
onality” standards are met. For each fee
proposed herein, those findings were made. The findings can be found in the aGached report within each chapter dedicated to specific facilities and fees.

Results of Study
Based upon the results of the study, calcula
ons were completed for updated or new impact fees
for Park Improvements, Community and Recrea
on Centers, City Hall, Library, Police Sta
on, and
Fire Department Facili
es. Based on the analysis, fees associated with Transporta on were
eliminated, as no unfunded major transporta
on projects expected to be impacted by future
development were iden
fied. Propor
onal costs associated with future infrastructure impacts and 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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current funding levels were used to calculate the full cost of the impact fees presented.

The following tables (Table 3, Table 4, & Table 5) show the results of the updated impact fee calculations:

Table 3: Existing DIF Fees (Adopted 2012)
Impact Fee Type
Residential
Single Family
Residential
Multi-Family
Commercial Office Industrial
Development Units DU DU KSF KSF KSF
Public Buildings $942 $650 $150 $149 $156
Fire 481 332 132 132 137
Transportation 693 487 1,685 373 352
Total Fees $2,116 $1,469 $1,967 $654 $645
Table 4: Proposed DIF Fees, Non Residential
Impact Fee Type Hotel/Motel
Commercial
Retail
BusinessProfessionalIndustrial/
Industrial Flex
Development Units Room KSF KSF KSF
City Hall Impact Fee $1,497.99 $2,032.71 $1,359.72 $542.52 Police Station Impact Fee 774.94 5,231.64 750.23 115.34 Fire Department Facilities Impact
Fee
517.95 1,294.87 362.56 155.38
Total Fees $2,790.88 $8,559.22 $2,472.51 $813.24
Table 5: Proposed DIF Fees, Residential
Impact Fee Type
Residential:
<600 Sq Ft
Residential:
600-800 Sq
Ft
Residential:
>800 - 1,200
Sq Ft
Residential:
>1,200 -
1,900 Sq Ft
Residential:
>1,900 -
2,300 Sq Ft
Residential:
>2,300 Sq
Ft
Development Units DU DU DU DU DU DU
Park Improvement
Impact Fee
$2,557.50 $3,720.00 $5,115.00 $7,207.50 $9,532.50 $12,322.50 Community &
Recreation Centers
Impact Fee
532.36 774.34 1,064.72 1,500.29 1,984.25 2,565.01
City Hall Impact Fee 755.40 1,098.76 1,510.80 2,128.86 2,815.58 3,639.66 Library Impact Fee 639.97 930.87 1,279.95 1,803.56 2,385.36 3,083.51 Police Station Impact
Fee
800.77 891.18 981.59 1,097.83 1,188.24 1,278.65
Fire Department
Facilities Impact Fee 612.96 674.25 735.55 796.84 858.14 919.43 Total Fees $5,898.96 $8,089.40 $10,687.61 $14,534.88 $18,764.07 $23,808.76 An additional table comparing current fees to proposed fees can be found as attachment 2. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Implementation and Updating Fees
The nexus study must be updated every 8 years, per the Act. However, NBS recommends reviewing the fees annually and adjusted as needed for each category of fees. Staff proposes u lizing the
criteria in the Engineering News Record (ENR) Building Cost Index (BCI) and Construc on Cost Index
(CCI), Los Angeles area for Park Improvements and Community and Recrea on Centers fees. This will
allow the fees to be updated to reflect the most current cost es mates. The fees may only be
adjusted once per fiscal year beginning July 1, 2026. No such adjustment shall be made a?er July 1, 2033 without first obtaining City Council approval.

Table 6: Update Schedule
Impact Fee Type Review Period Proposed Adjustment
Park Improvement Annual
ENR Building Cost Index &
Construction Cost Index
Community and Recreation
Centers
Annual
ENR Building Cost Index &
Construction Cost Index
Transportation Fees
The previous nexus study for Transporta
on Fees will be applied to the revenues collected for
Transporta
on. Staff will apply the funding to projects iden
fied in the previous nexus study, the
Hellman Avenue Cucamonga Creek Bridge and traffic signaliza on throughout the city. No current or
planned DIF eligible transporta
on projects were iden
fied as part of the new nexus study nor
within the Capital Improvement Budget, as a result the transporta on fee was removed from the
nexus study and will no longer be assessed.

Final Report
The final report has been modified to incorporate non-substan ve changes. The changes ensured
that the fee naming conven
on is consistent throughout the report and reflects the intent of the fees. Primarily "Park Land and Improvement" was changed to reflect "Park Improvement" because during the study it was determined that park land assessments are unnecessary. This change did not change any calcula
on of the fees, only the naming of the fees. The report was also changed to reflect the new date of June 19, 2025. A clean version of the report is aGached as Exhibit A to the resolu
on under AGachment 1.2. A redline version of the report that shows all the changes made is attached to this staff report as Attachment 1.3.

Quimby Fees
The City's Quimby Ordinance (Sec
on 130.20.020 of the Eastvale Municipal Code) currently provides that when Quimby Fees are to be paid in-lieu of dedica
on of land for park purposes the fee shall be
based on either the fair market value of the land or a fixed fee may be established by the city council. The City does not currently have an adopted fixed fee. Through the course of the nexus study the op
on of establishing a fixed fee was considered but ul
mately was decided against.

Quimby Fees will con
nue to be determined based on fair market value. The proposed Ordinance amends the City's Quimby Ordinance, which has not been comprehensively updated since incorporation, to remove obsolete provisions and conform to current State law.

Environmental
Government fiscal ac
vi
es and fee studies are not considered a Project as defined by the California Environmental Quality Act (CEQA) and no environmental review is required. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Strategic Plan Action - Priority Level: 3 | Target #: C | Goal #: H Ensure revenues align with expenditures.

Ensure that City’s infrastructure keeps pace with development and that developers pay their share.

Fiscal Impact
The recommended update of the Development Impact Fees and the city's Quimby ordinance con
nues to reflect the City Council's strategic direc
on that new development pays its fair share of
the costs for infrastructure and that costs of development in the city do not impact exis ng
residents. Adopting the DIF update does not cause a General Fund impact .

The city has a need of approximately $465 million in infrastructure needs. If impact fees are adopted at full cost, new development would contribute $96 million to projects iden fied in the nexus study
as land is developed throughout the city. The remaining $350 million funding gap will be funded through a combina
on of reserves, exis
ng DIF balances, General Fund, grants and regional funding, and debt service. The proposed development impact fee schedule will increase projected revenues within the DIF funds, which will be u
lized towards the projects men
oned in the report. It should
be noted that only Park Improvements and Community and Recrea on Centers will be unfunded
after the Civic Center construction bid is awarded later this year.

Table 7: Funding Gap
Impact Fee
Total Infrastructure
Cost
New Development
Contribution via
Impact Fee
Funding Gap
Park Improvement $223,000,000 $39,052,444 $183,947,556
Community & Recreation Centers 40,000,000 7,916,683 32,083,317 City Hall & Library 129,157,757 30,425,047 98,732,710
Police Station 54,016,207 19,020,334 34,995,873
Fire Department Facilities 18,843,368 7,994,717 10,484,651 Total $465,017,332 $96,414,508 $349,759,456
Prior City Council/Commission Action
City Council adopted Ordinance 2012-02 establishing a development impact fee program on April 25, 2012, with a first reading on April 11, 2012. City Council adopted Resolu on 12-15 adop
ng and
levying development impact fees on April 11, 2012. The established DIF program was based on the 2012 nexus study completed by NBS. Development impact fees have not been updated since 2012.

City Council approved the professional services contract with NBS for Development Impact Fee Study Services on September 13, 2023. City Council adopted the resolu on adop
ng development
impact fees, adop
ng a nexus study and capital improvement plan, and first reading of the ordinance amending the development impact fee program and park and recrea on fees and
dedications on June 25, 2025.

Attachment(s)
Attachment 1 - Ordinance Amending Chapter 110.28 and Section 130.20.020 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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ORDINANCE NO. 2025-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING CHAPTER 110.28 (DEVELOPMENT IMPACT FEE PROGRAM) AND SECTION 130.20.020 (PARK AND RECREATION FEES AND

DEDICATIONS) OF THE EASTVALE MUNICIPAL CODE
WHEREAS, the City is authorized to establish development impact fees to offset the proportionate cost of providing public facilities to serve development projects, and to impose those fees on the owners of those development projects, in accordance the City’s authority under California Constitution Article 11, Section 7, and in accordance with the requirements of the “Mitigation Fee Act” (California Government Code Sections 66000 -66025); and WHEREAS, the City is authorized to require the dedication of land or the payment of fees in lieu of dedication, or a combination of both, for park or recreational purposes as a condition of approval of a tentative map or parcel map for a development project, in accordance with the City’s authority under California Constitution Article 11, Section 7, and in accordance with the requirements of the “Quimby Act” (California Government Code Section 66477); and
WHEREAS, the City previously established procedures for establishing and imposing development impact fees on development projects, as codified at Eastvale Municipal Code Chapter 110.28 (last amended in 2012), and consistent with the requirements of the Mitigation Fee Act; and
WHEREAS, the City previously established procedures for establishing and imposing park land dedication requirements on tentative maps and parcel maps, and fees in lieu thereof (“Quimby Fees”), as codified at Eastvale Municipal Code Section 130.20.020, which was last amended when the City incorporated in 2010; and
WHEREAS, the provisions of this ordinance are intended to establish the procedural framework for the City’s establishment and imposition of development impact fees and Quimby Act Fees; however, the actual calculation of development impact fees are analyzed in accordance with a nexus study prepared as required by the Mitigation Fee Act (Government Code Section 66016.5); and
WHEREAS, in the course of reviewing the sufficiency of previous development impact fees, the City engaged a consultant, NBS, to prepare a nexus study to update the analysis of the proportionate impacts from development projects on the City’s public facilities, as well as the proportionate benefit received by development projects from the City’s public facilities; and the City correspondingly undertook a review of the underlying procedures codified in the Eastvale Municipal Cod; and
WHEREAS, at its _________, 2025 meeting, and as required by Sections 66016.5, 66018 and 66019 of the Mitigation Fee Act, the City Council held a duly noticed public hearing and 463
adopted a development impact fee nexus study prepared by NBS on behalf of the City, and adopted new and increased development impact fees for the City, including Quimby Fees; and WHEREAS, the City Council desires to amend Chapter 110.28 and Section 130.20.020 to be consistent with the newly adopted development impact fees, which go into effect on ________, 2025, and to make other clarifying and streamlining edits, as well as to ensure consistency with current legal requirements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. Amendment of Chapter 110.28. Chapter 110.28 is amended in its entirety to read as shown in Exhibit A attached hereto and incorporated by reference.

SECTION 2. Amendment of Section 130.20.020. Section 130.20.020 is amended in its entirety to read as shown in Exhibit A attached hereto and incorporated by reference.

SECTION 3. CEQA Findings. The City Council hereby finds that the adoption of this Ordinance is not subject to CEQA review pursuant to CEQA Guideline 15378(b)(4), which provides that the creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to any specific project are not projects subject to CEQA review.

SECTION 4. Severability. If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. Effective Date. This ordinance shall take effect thirty (30) days after its passage by the City Council.

SECTION 6. City Clerk Action. The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Chapter 39633(c).

PASSED, APPROVED AND ORDAINED this __ day of ___________, 2025. 464
__________________________________________
Mike McMinn
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica L. Vega Marc A. Donohue, MMC
City Attorney City Clerk
465

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 25-__, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 25th day of June, 2025, and was passed by the City Council of the City of Eastvale at a regular meeting held on the __ day of _________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
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EXHIBIT “A”
Chapter 110.28 Development Impact Fee Program
110.28.010 Authority
The ordinance codified in this chapter is enacted under the authority of Article 11, Section 7 of the California Constitution and the Mitigation Fee Act (California Government Code Title 7, Division 1, Chapters 5 through 9, Sections 66000 through 66025). 110.28.020 Purpose and intent
A. Development Projects impose increased demands on public facilities. It is intended that every person who undertakes a Development Project in the City pay Development Impact Fees established pursuant to this chapter to ensure that the Owners of Development Projects contribute to the proportionate share of the cost of public facilities needed as a result of Development Projects. The purpose of this chapter is to provide the parameters by which the City shall administer those Development Impact Fees established by the City Council.

B. Except as specifically provided herein, the development impact fees established under this chapter are in addition to (and do not replace) any separate obligations imposed as subdivision map exactions or other measures and exactions required to mitigate site-specific impacts of a development project; other regulatory, development and processing fees; school impact fees; utility demand fees and connection charges; funding required pursuant to a development agreement; funds collected pursuant to a reimbursement agreement for amounts that may separately benefit the development project; assessment district proceedings; benefit assessments; or other required property taxes or fees.
110.28.030 Definitions
“Development Impact Fee” means a monetary exaction other than a tax or special assessment that is charged to an Owner in connection with approval of a Development Project for the purpose of defraying all or a portion of the proportionate cost of the public facilities related to the development project. Provided, however, a “Development Impact Fee” shall not include any City charge that is outside the definition of “fee” under Government Code Section 66000(a).
“Development Project” means any project undertaken for the purpose of development of property that increases demands or impacts on any Public Facilities, including a project involving the issuance of a permit for new construction or reconstruction of an existing structure that increases demands or impacts on Public Facilities. “Mitigation Fee Act” means California Government Code Title 7, Division 1, Chapters 5 through 9, including Sections 66000 through 66025.
467
“Owner” means the legal owner(s) of real property upon which a Development Project is proposed. An owner may provide to the City a written delegation of authority for an authorized representative(s) to act on the Owner’s behalf in accordance with the requirements of this chapter. To the extent an Owner delegates authority to a “representative” or “developer” or “applicant” to pay fees on behalf of the Owner, the Owner shall be jointly and severally liable for payment of required fees.
“Public Facilities” means any public improvement, public services, or community amenities (as defined by Government Code Section 66000(d)) to the extent those facilities are funded by Development Impact Fees in accordance with this chapter. Public Facilities shall specifically include any “Capital Improvement” identified in a capital improvement plan adopted in accordance with Government Code Section 66016.5, and the costs of Public Facilities funded in all or in part by Development Impact Fees shall include acquisition of land, design, construction management, construction, equipping and installing, and related costs such as administration, financing, and legal services .
110.28.040 Establishment of Development Impact Fees
The City Council may establish Development Impact Fees by resolution conforming to the requirements of the Mitigation Fee Act and this chapter. 110.28.050 Payment of Development Impact Fees
A. Amount. The amount of Development Impact Fees to be paid for each Development Project shall be the amount of the fee in effect at the time a building permit is issued, unless otherwise required by State law, including limitations imposed by Government Code Section 66007.

B. Timing. The fee for each lot within a Development Project shall be paid in-full prior to issuance of a building permit, unless otherwise required by State law, including limitations imposed by Government Code Section 66007. If the Development Impact Fees for a Development Project are not paid in full prior to the issuance of a building permit for any portion of the project, the City may require the Owner to execute a contract to pay the Development Impact Fees as a condition of issuance of the building permit. Any such contract shall require the Development Impact Fees to be paid no later than the final inspection, or the date the certificate of occupancy is issued, whichever occurs first, and the contract may include payment on a pro rata or lump-sum basis, in accordance with Government Code Section 66007.

The City Manager or their designee is authorized execute such contracts. For any Owner that owes a Development Impact Fee for a Development Project, if the fee is not paid prior to the final inspection, or the date the certificate of occupancy is issued, whichever occurs first, the Owner shall pay the required fee no later than thirty days after written demand from the City.

C. Exceptions. The following types of Development Projects are not subject to Development Impact Fees (in whole or in part):
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1. Reconstruction of a structure damaged or destroyed by fire or other natural causes; provided that this exception is limited to the portion of the reconstructed structure that does not increase the demand or impacts on public facilities, as compared to the demand or impacts from the structure on the property as it existed prior to being damaged or destroyed .

2. Rehabilitation or remodeling of an existing residential structure; provided that this exception is limited to the portion of the rehabilitated or remodeled structure that does not increase the demand or impacts on public facilities, as compared to the demand or impacts from the structure on the property as it existed (prior to being rehabilitated or remodeled) at the time the City last updated a nexus study for the relevant public facilities.

3. Rehabilitation or remodeling of an existing non-residential structure; provided that this exception is limited to the portion of the rehabilitated or remodeled structure that does not increase the demand or impacts on public facilities, as compared to the demand or impacts from the structure on the property as it existed (prior to being rehabilitated or remodeled) at the time the City last updated a nexus study for the relevant public facilities.

D. Fee Protest. The Owner may protest the imposition of Development Impact Fees on the Development Project in compliance with the procedure provided in Government Code Section 66020. The city shall promptly schedule the protest for consideration by the city council, with a goal of considering the protest within 60 days after the filing of the protest, unless the City and Owner agree to a longer amount of time. The decision of the city council shall be final.

E. Refund. To the extent an Owner pays a Development Impact Fee for a development project prior to issuance of a building permit, and if the building permit expires without commencement of construction of the permitted building, the Owner may submit a written request for a refund in accordance with this paragraph. Any Owner who submits a timely written request for refund in accordance with this paragraph shall be entitled to a refund, without interest, of the Development Impact Fees paid, if any, for the Development Project, except that the city may retain an administrative fee, in an amount established by resolution of the city council, to offset the City’s costs of processing the requested refund. The Owner must submit a written request for a refund to the City Manager within 30 calendar days of the expiration of the building permit. Failure to timely submit the required application for refund shall constitute a waiver of any right to the refund.
110.28.060 Accounting and Use of Development Impact Fees The City shall establish separate accounts for each category of Development Impact Fee established by the City Council and deposit Development Impact Fees collected into the appropriate account. The money deposited into these accounts, and any interest earnings thereon, shall be used solely for the public facilities for which the Development Impact Fees were imposed. Development Impact Fees may be used to pay the principal, interest and other costs of bonds, notes and other obligations issued or undertaken by or on behalf of the City to finance such public facilities.
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110.28.070 Credits and Reimbursements
A. Credits. An Owner who constructs Public Facilities may receive a credit against the corresponding Development Impact Fee otherwise owed for the Development Project only if the Owner submits a timely written request and obtains approval from the City through a credit agreement. The Owner shall submit a written request for any such credit concurrently with submitting improvement plans for the Public Facilities. The Owner and the City must enter into a credit agreement prior to the issuance of a building permit for the Development Project for the Owner to receive a credit against the applicable Development Impact Fees. Failure to enter into a credit agreement prior to the issuance of a building permit shall be deemed a waiver of any request or claim for credit. The agreement must estimate the cost of constructing the Public Facilities, the schedule for the completion of the Public Facilities, a requirement that the Public Facilities be constructed to City standards, and such other terms and conditions as deemed necessary by the City.

B. Reimbursements. If an Owner constructs a Public Facility the City may reimburse the Owner for the costs of the Public Facility in excess of what is needed to provide services to or mitigate the impacts of the Development Project only if the Owner submits a timely written request and obtains approval from the City through a reimbursement agreement. The Owner shall submit a written request for any such reimbursement concurrently with submitting improvement plans for the Public Facilities. The Owner and the City must enter into a reimbursement agreement prior to the issuance of a building permit for the Development Project for the Owner to receive a reimbursement. Reimbursement will be made only after the city has accepted the Public Facilities as complete. The City shall not reimburse an Owner out of the City’s General Fund or any other City funds other than the subject Development Impact Fee fund.

C. Maximum Credit and Reimbursement. Any credit agreement or reimbursement agreement that implements this section shall document the maximum amount of credit and/or reimbursement available to the Owner which shall not exceed the City’s reasonable estimate of the City’s cost of providing the Public Facilities.

D. Credit and Reimbursement Policy. The City Council may, from time to time, adopt by resolution a Development Impact Fee Credit and Reimbursement Policy implementing the provisions of this section.

E. Execution of Agreements. The City Manager may approve and sign any agreements authorized by paragraphs A through C of this section, provided the agreement is consistent with this section any policy adopted by the City Council pursuant to paragraph D of this section. 470
EXHIBIT “B”
130.20.020 Park and recreation fees and dedications.

A. Authority. This section is adopted pursuant to California Government Code Section 66477, which authorizes a city council to require, by ordinance, the dedication of land or the payment of fees in lieu thereof, or a combination of both, for park and recreational facilities as a condition of approval of a tentative map or parcel map.

B. Dedication or Fee Required. Whenever land is proposed to be subdivided for residential use, the property owner shall be required, as a condition of approval of the subdivision, to dedicate to the City for park purposes three acres of land for every 1,000 residents of the subdivision, or pay an equivalent fee, or a combination of both, consistent with this section.

1. For subdivisions containing 50 parcels or less, only the payment of fees shall be required; provided, however, that when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, the dedication of land may be required even though the number of parcels may be less than 50.

2. Nothing in this section shall prevent the City from accepting the voluntary dedication of land by a developer for a subdivision containing less than 50 parcels if the dedication meets the other requirements of this section.

C. Exemptions. This section shall not apply to the following land divisions:

1. Commercial or industrial.

2. Condominium projects or stock cooperatives which consist of the subdivision airspace in an existing apartment building which is more than five years old and no new dwelling units area added.

3. Subdivisions containing less than five parcels and not used for residential purposes, provided, however, that a condition of approval shall be placed on those maps that if a building permit is requested for the construction of a residential structure or structures on one or more of the parcels within four years of the approval of the final map, the owner of each parcel on which construction of a residential structure is proposed must pay a fee in lieu of park land dedication as a condition to the issuance of a building permit. The City may require a developer to implement this condition by recording an agreement to document the obligation to pay the fee as a condition of issuance of a building permit.

D. Dedications of Land. Whenever land is dedicated pursuant to this section the following provisions apply.

1. The amount and location of property to be dedicated shall be as approved by the City. In determining whether to require a dedication of land, the City may consider the natural features of the area, available access, the location, size and shape of the subdivision, the land 471
available for dedication, the feasibility of dedication, the location of existing and proposed park sites and trailways and the compatibility of dedication with the City’s General Plan.

2. All dedications of land shall be in accordance with the Subdivision Map Act. Land shall be conveyed in fee simple to the City free and clear of all encumbrances except those which will not interfere with the use of the property for its intended purposes and which the City agrees to accept. The City may require the dedication from the developer by irrevocable offer of dedication on the map or by grant deed delivered to the City before the approval of the final map. If the final map is disapproved, or if it is withdrawn by the developer, any deeds shall be returned to the developer. If the final map is approved, the deeds shall be recorded by the City at the time the final map is recorded. No deed for dedication of land shall be accepted unless it is accompanied by a policy of title insurance, secured by the developer, in an amount equal to the value of the land dedicated.

3. The amount of land to be dedicated shall be based on the residential density of the subdivision, and shall be determined by multiplying the number of dwelling units in the subdivision by the estimated number of persons per household, and multiplying that product by 0.003 (based on the ratio of the City standard of 3 acres of park land per 1,000 people). The estimated number of persons per household by dwelling unit type shall be determined by the Community Development Director based on data from the most recent available federal census or census taken pursuant to California Government Code Section 40200 et seq.

4. To the extent that the amount of land required to be dedicated by a developer (under paragraph D.3 of this section) exceeds the actual amount of land to be dedicated by the developer (as approved by the City under paragraph D.1 of this section), the developer shall pay in-lieu fees for the value of that net amount of land that otherwise would have been required to be dedicated. The amount of the in-lieu fee shall be as determined by paragraph E of this section.

5. The land dedicated shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

6. Whenever land is dedicated, the developer shall provide the following improvements for the benefit of the land dedicated. Prior to approval of a final map on which a dedication of park land is required in accordance with this section, the developer shall submit improvement plans, subject to approval by the Public Works Director in accordance with chapter 130.24 of this code:
a. Full street improvements and utility connections including, but not limited to, curbs, gutters, relocation of existing public utility facilities, street paving, traffic control devices, street trees, and sidewalks to the dedicated land; b. Fencing along the property lines of the subdivision which are contiguous to the park;
c. Improve the drainage through the park site;
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d. Provide minimal physical improvements, not including recreational facilities, building, or equipment, which the City determines are necessary for acceptance of the land for park and recreational purposes, including, but not limited to, grading, drainage, irrigation and planting improvements;
e. Provide access from the park and recreational facilities to an existing or proposed public street, unless the City determines that such access is unnecessary for maintenance of the park area or use of the park by the residents of the subdivision.

E. Payment of Fees. Whenever fees are imposed pursuant to this section, the following provisions apply.

1. The fee shall be paid prior to the recording of the final map, or such later time as may be stated in the conditions of approval for the subdivision. No Certificate of Occupancy shall be issued by the City for a dwelling unit within subdivision conditioned to pay fees pursuant to this section unless and until the fee for that dwelling unit has been paid.

2. The fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. The fee shall be calculated by the Community Development Director based on the fair market value of land within the subdivision of a size equal to that which the developer would otherwise be required to dedicate in accordance with this section. Provided, however, as an alternative method of estimating the fair market value of land to be used when calculating the amount of fees, the City Council may, by resolution, determine the estimated fair market value per acre of acquiring park land within the City. The fee amount for a subdivision shall equal the fair market value of land multiplied by the size of land that would have been required to be dedicated for the subdivision under this section.

3. Whenever fees are paid pursuant to this section, the City shall deposit them into a separate fund.

F. Credits. A developer may receive a credit against dedication or fee requirements as follows.

1. A credit may be given against the requirement for the payment of fees or the dedication of land required by this section for the reasonable value of park and recreation improvements provided by the developer. The amount of the credit shall be determined prior to the approval or conditional approval of the tentative map, and the amount shall be documented in a credit agreement between the City and the developer. The granting of a credit shall be at the discretion of the City Council and shall be based on an approved set of improvement plans.

2. A credit may be given where private areas for park and recreational purposes are provided in a subdivision and such areas are for active recreational uses, and will be privately owned and maintained in common by the future owner(s) of the development. Such areas may be credited against up to 50% of the requirement of land dedication or fees at the discretion of 473
the City Council; provided that the City Council determines that it is in the public interest to grant such credits and that all of the following standards either have been or will be met prior to approval of the final map or development permit:
a. That yards, court areas, setbacks, and other open space areas, required to be maintained by Title 120 of this Code, the building code and other regulations, shall not be included in the computation of such private areas;
b. Evidence is provided that the private ownership and maintenance of the area will be adequately provided for by recorded written agreement, covenants or restrictions; and that the use of the private area is restricted for park and recreational purposes by an open space easement or other instrument; and
c. That the proposed private area is reasonably adaptable for use of park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location.

3. “Active recreational uses” means, for the purposes of this paragraph F, recreation facilities occurring on usable level land (five percent maximum slope) in a planned development which are designed to provide individual or group activities of an active nature including, but not limited to, open lawn, sports fields, court games, swimming pools, children’s play areas, picnic areas, golf courses, and recreational community gardening. Active recreational uses do not include natural open space, nature study areas, open space for buffer areas, steep slopes, or scenic overlooks.

G. Use of Land and Fees.

1. The City shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities.

2. All fees collected by the City may be used only for the purpose of developing new or rehabilitating existing park and recreational facilities to serve the subdivision.

Notwithstanding the foregoing, fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision is located, if all of the following requirements are met:
a. The neighborhood in which the fees are to be expended has fewer than three acres of park area per 1,000 members of the neighborhood population. b. The neighborhood in which the subdivision for which the fees were paid has a park area per 1,000 members of the neighborhood population ratio that meets or exceeds three acres per 1,000 persons.
c. The City Council holds a public hearing before using the fees pursuant to this paragraph.
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d. The City Council makes a finding supported by substantial evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the neighborhood where the fees are used.
e. The fees are used within a specified radius that complies with the city’s ordinance adopted pursuant to this section, and are consistent with the adopted general plan or specific plan of the city. For purposes of this paragraph, “specified radius” includes a planning area, zone of influence, or other geographic region designated by the city, that otherwise meets the requirements of this section.

3. All fees collected pursuant to this section shall be committed by the City for a specific project within five years of receipt of the fees or five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not so committed, the fees received shall be distributed to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.

H. Subsequent Development. Whenever subsequent development occurs on property for which fees have been paid or land dedicated in accordance with this section, no additional fees or dedications shall be required under this Section except as to any additional lots or dwelling units which were not subject to a prior fee or dedication requirement. 475

AGENDA STAFF REPORT
City Council/Eastvale Public Financing Authority Meeting

CONSENT CALENDAR
Agenda Item No. 11.13
August 13, 2025
Approval of Assignment, Assump-on, Consent and Release
Agreement for Boy Scouts of America Troops 251B and 251G Prepared By:

Jimmy Chung, Public Works Director, City Engineer
Recommended Action(s)
Staff recommends that the City Council:

1. Approve the Assignment, Assump#on, Consent and Release Agreement transferring sponsorship of Boy Scouts of America Troops 251B and 251G from Eastvale Kiwanis to St.

Oscar Romero Catholic Church; and

2. Approve the release of Eastvale Kiwanis from the exis#ng Sublicense Agreement with the City; and

3. Authorize the City Manager to execute the Agreement and take all necessary ac#ons to complete the assignment of the Sublicense.

Summary
The City of Eastvale entered into a Sublicense Agreement with the Boy Scouts of America (BSOA) on September 28, 2022, allowing the organiza#on to u#lize a por#on of land licensed from the Orange County Flood Control District (OCFCD) for community youth group mee#ngs and related ac#vi#es.

Eastvale Kiwanis, ac#ng as the sponsoring en#ty for BSOA Troops 251B and 251G, was the original sub-licensor under this agreement.

Eastvale Kiwanis has since no#fied the City of its intent to step down as the sponsoring organiza#on and has requested to be formally released from the Sublicense Agreement. In coordina#on with Scout leadership, St. Oscar Romero Catholic Church has agreed to assume sponsorship and oversight 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
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responsibilities for the Scout Troops.

To formalize this transi#on, an Assignment, Assump#on, Consent, and Release Agreement (Assignment) has been prepared. This agreement transfers all rights, responsibili#es, and obliga#ons of Eastvale Kiwanis under the Sublicense Agreement to St. Oscar Romero Catholic Church. The proposed Assignment ensures con#nued use of the site by the Scout Troops under the new sponsorship arrangement.

The Orange County Flood Control District has reviewed and approved the sponsorship change. All other terms and condi#ons of the City’s original License Agreement with OCFCD, entered into on March 1, 2021, remain unchanged.

Background
On March 1, 2021, the City of Eastvale entered into a License Agreement with the Orange County Flood Control District, gran#ng the City a non-exclusive license to use property located near the intersec#on of River Road and Hellman Avenue for youth group mee#ngs and similar communitybased ac#vi#es. Subsequently, the City executed a Sublicense Agreement on September 28, 2022, with Eastvale Kiwanis to allow BSOA Troops 251B and 251G to use the site.

Eastvale Kiwanis has since no#fied the City of its intent to transfer all responsibili#es for the Scout Troops to St. Oscar Romero Catholic Church and requested formal release from the Sublicense Agreement. In coordina#on with Scout leadership, St. Oscar Romero Catholic Church has agreed to serve as the new sponsoring entity, assuming all related duties and obligations.

The proposed Assignment formalizes the transfer of rights and responsibili#es under the Sublicense Agreement, allowing for uninterrupted use of the licensed property in accordance with the City’s License Agreement with OCFCD. Staff has coordinated with representa#ves from both Eastvale Kiwanis and St. Oscar Romero Catholic Church, and the Orange County Flood Control District has approved the sponsorship change. All other provisions of the City’s License Agreement with OCFCD remain in effect, ensuring a smooth transi#on and con#nued support for the Scout Troops’ activities.

Environmental
The approval of this Assignment, Assump#on, Consent, and Release Agreement does not cons#tute a project as defined by the California Environmental Quality Act (CEQA).

Strategic Plan Action - Priority Level: 3 | Target #: D | Goal #: A Collaborate to provide cultural and diverse events and celebrations.

Fiscal Impact
There is no fiscal impact associated with this item. Boy Scouts of America Troop 251B and 251G will maintain the license area for use.

Prior City Council/Commission Action
On March 1, 2021, City Council approved a License Agreement with the Orange County Flood Control District.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
477
On September 28, 2022, City Council approved a Sub-License Agreement with the Boy Scouts of America Troop 251B and 251G.

Attachment(s)
Attachment 1 - Assignment, Assumption, Consent and Release Agreement 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
478
479
1 ASSIGNMENT, ASSUMPTION, CONSENT AND RELEASE AGREEMENT This ASSIGNMENT, ASSUMPTION, CONSENT AND RELEASE AGREEMENT (this Assignment __day of August, 2025 Assignment Date
by and among Eastvale Kiwanis, a California non-profit organization Assignor and St.

Oscar Romero Catholic Church Assignee for Boy Scouts of America Troop 251 and 251G.

RECITALS
WHEREAS, the Orange County Flood Control District ( District ) and the City of Eastvale ( City ) entered into a license agreement on or about March 1, 2021, granting the City a nonexclusive license to certain real property, as further described below, for the purpose of conducting community youth group meetings, storage of non-hazardous materials, parking and related activities ( License Agreement ); attached hereto as Exhibit 1; and WHEREAS, the District licensed to City a non-exclusive license to use the surface of that certain real property consisting of approximately 80,000 square feet, atop a plateau located near the intersection of River Road and Hellman Avenue and described as lying approximately 700 feet east of Hellman Avenue and 2,500 feet south of River Road in the City of Eastvale, California, together with the use of a 20-foot wide dirt access road emerging from the south end of Hellman Avenue and traveling slightly northeast approximately 1,150 feet to reach the plateau, as depicted in Exhibit A of Exhibit 2, attached hereto and incorporated herein by reference ( Sublicense Area ); WHEREAS, the City granted a sublicense to Assignor, pursuant to the Sub-License Agreement Between the City of Eastvale and Boy Scouts of America on or about September 28, 2022 ( Sublicense Agreement ), attached hereto as Exhibit 2; and WHEREAS, in connection with the Sublicense Agreement, Assignor has agreed to assign to Assignee and Assignee agrees to assume from Assignor all obligations under the the Sublicense Agreement, as set forth herein; and
WHEREAS, Assignor has asked City to consent to the Assignment of Sublicense, such consent being subject to and upon thee following terms and conditions to each of which Assignor and Assignee expressly agree.

WHEREAS, the Assignor desires to assign to the ,
ownership, and interests in the Property; and
WHEREAS, the Assignee has agreed to consent to the transfer and to assume the duties and obligations of the Assignor.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Assignment of Sublicense. Assignor hereby transfers and assigns to Assignee all of its rights, title, and interest to and under the Sublicense Agreement, to have and to hold the same the same for and during the remainder of the term mentioned in the Sublicense Agreement, subject to the covenants and conditions therein provided.
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2 2. Assumption of Obligation. Assignee hereby undertakes, accepts, and assumes the assignment of the Sublicense Agreement and assumes all duties and obligations of the Assignor and covenants to perform and discharge the same as the Assignee of the Assignor.

3. Indemnification.
(a) Assignee shall hold Assignor harmless from, and hereby indemnifies Assignor against any and all claims, costs, penalties, damages, losses, liabilities and expenses at any time be incurred by Assignor as
a result of acts, omissions or occurrences relating to the Sublicense Agreement which occur, accrue or arise after the Assignment Date.
(b) Assignor shall be responsible for, and hereby indemnifies and holds Assignee harmless from and against, any and all claims, costs, penalties, damages, losses, liabilities and expenses (including reasonable
incurred by Assignee as a result of acts, omissions or occurrences relating to the Sublicense Agreement which occur, accrue or arise prior to the Assignment Date, but only to the extent that Assignor is liable for same in accordance with the law and such claims are not time barred in accordance with the applicable statute of limitations.

4. Consent. City hereby consents to (a) the transfer and Assignment of the Sublicense Agreement by Assignor to Assignee such that upon transfer and assignment, all references to Assignor in the Sublicense Agreement shall be references to Assignee and (b) the sublicense by Assignor to Assignee for non-exclusive use of the Sublicense Area pursuant to the terms and conditions of the Sublicense Agreement. City s consent to the transfer and assignment of the Sublicense Agreement shall not be construed either as a consent by city, or as permitting, any other or further assignment, whether in whole or in part, or as a waiver of the requirement of obtaining City s consent thereto.

5. Amendment and Modification. No amendment, modification, supplement, termination, consent, or waiver of any provision of this Assignment, nor consent to any departure here from, will in any event be effective unless the same is in writing and is signed by the party against whom enforcement of the same is sought. Any waiver of any provision of this Assignment and any consent to any departure from the terms of any provision of this Assignment is to be effective only in the specific instance and for the specific purpose for which it is given.

6. Governing Law. This Assignment and the rights and obligations of the parties hereunder shall be governed by, and interpreted, construed, and enforced in accordance with, the laws of the State of California.

7. Headings. The headings contained in this Assignment are for the purposes of reference only and shall not limit, define, extend, or otherwise affect the meaning or scope of this Assignment or any provision hereof.

8. Execution of Counterparts. This Assignment may be executed in any number of counterparts, each of which shall constitute an original and all of which, taken together, shall constitute one and the same instrument.

9. Attorneys Fees. In the event an action or alternative dispute resolution is instituted to enforce any of the provisions contained in this Assignment, the prevailing party in such matters 481
3 shall be entitled to recover from the other party
as determined by the Court, or by mediation or arbitration, as part of the judgment.

IN WITNESS WHEREOF, each of the undersigned has executed this Assignment and Consent to the Assignment of the Sublicense Agreement as of the date first set forth above.

ASSIGNEE ASSIGNOR
St. Oscar Romero Catholic Church Eastvale Kiwanis for Boy Scouts of America Troop 251 and 251G
a California non-profit organization
____________________________ _________________________________ Name: Name:

Title: Title:

City of Eastvale,
a municipal corporation
_________________________________
Name:

Title:

Troop 251 and 251G
a California non-profit organization
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Project Number: MA# 080
Licensee: City of Eastvale
Address: South of River Rd. Fast of Hellman Ave.

Address: Eastvale, CA
IEEli KJ WAT" 9 01 010T I WN
THIS LICENSE AGREEMENT (" License") is made and entered into on March 1, 2021 Effective Date"), by and between the City of Eastvale, a municipal corporation ( hereinafter referred to as " Licensee") and ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic (" DISTRICT"), without regard to number and gender. DISTRICT and Licensee may sometimes hereinafter be referred to individually as " Party" or jointly as Parties."
The following words in this License shall have the significance attached to them in this Clause DEFINITIONS), unless otherwise apparent from context: I Board of Supervisors" means the Board of Supervisors of the DISTRICT and the County of range, a political subdivision of the State of California.

CEO/Ofrice of Risk Management" means the Risk Manager, County Executive Office, Risk Management, County of Orange, or designee, or upon written notice to Licensee, such other person or entity as shall be designated by the County Executive Officer or the Board of Supervisors. iI III !! I I
County Executive Officer" means the County Executive Officer, County Executive Office, County of Orange, or designee, or upon written notice to Licensee, such other person or entity as shall be designated by the Board of Supervisors.

I 1011 E61W IIJIM M Hno i- I
DISTRICT grants to Licensee the non-exclusive right to use the surface of that certain property consisting of approximately 80, 000 square feet, atop a plateau located near the intersection of River Road and Hellman Avenue and described as lying approximately 700 feet East of Hellman Ave and 2500 feet south of River Road in the City of Eastvale CA, together with the use of a 20 foot wide dirt access road emerging from the south end of Hellman Avenue and traveling slightly northeast approximately 1150 feet to reach the plateau, as depicted in Exhibit A, attached hereto and by reference made a part hereof ( hereinafter referred to as the " License Area").

MMUMMMUM
4ait `. 4•U to) a r, Ia IL61014 ILem I IIt•u iI 16111FAC-10241 I LMT 11/ 20/ 2017 Page I of 22 Project Number
Agency/ Program Standard Revenue License Form
EXHIBIT 1
483
area, known as DISTRICT Facility No. EOIPD M26- 997 (" Prado Dam"). Licensee' s use of the License Area shall be limited to community youth group meetings, storage of non -hazardous materials, parking and related activities, Subject to Licensee obtaining all required permits and approvals, DISTRICT agrees to allow Licensee or Licensee' s agent to add certain improvements in the License Area. Such improvements are limited to installation of a concrete pad and flagpole, placement of a mobile office trailer, port -o -potties, temporary lighting and storage units, and construction of a simple amphitheater ( the " Initial Improvements").

Licensee agrees not to use the License Area for any other purpose nor to engage in or permit any other activity within or from the License Area. Licensee further agrees not to conduct or perinit to be conducted any public or private nuisance in, on, or from the License Area, not to commit or permit to be committed waste on the License Area, and to comply with all governmental laws and regulations in connection with its use of the License Area. All access gates to the service roadwap are to be locked immediatelp after each
avoid trespassing. Should use of the License Area extend into the rainy season, the Director, at the Director' s sole discretion, may limit service roadway access dependent upon weather conditions. LICENSEE shall restrict vehicular speeds on and over the License Area and dirt access road to a maximum speed of ten ( 10) miles per hour.

Other than for construction of the Initial Improvements, the rights granted under this License expressly prohibit any grading of the License Area, the construction or placement of any improvements or structures on the License Area, the removal, or alteration of any of DISTRICT' s existing fencing in, on, or about the License Area. Except for small amounts of fuel required to operate the generator, the Licensee shall not place of any petroleum product or other Hazardous Material ( as hereinafter defined), storage tanks or containers on, over or about the License4xew..

NO ALCOHOL, TOBACCO, OR MARIJUANA PRODUCTS SHALL BE SOLD FROM OR

CONSUMED WITHIN THE LICE
Licensee acknowledges DISTRICT and its successors and assigns have all rights necessary with regard to the License Area to assure proper maintenance and operation of the Prado Dam and related flood control facilities including any actions which the Director deems necessary or desirable to maintain, repair, improve, modify or reconstruct said facilities or to conduct such operations which shall be exercised by the Director at the Director' s sole discretion. DISTRICT also reserves the right from time to time, to access and use the License Area for DISTRICT use as well as to confirm that Licensee is using the License Area consistent with those uses articulated in Clause 3 ( USE). Licensee shall cooperate with DISTRICT during DISTRICT' s access and use of the License Area. DISTRICT shall make best efforts to notify Licensee prior to accessing and using the License Area.

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All parking shall be located wholly within the License Area. No parking, staging, queueing, waiting or unloading shall be permitted on or along the adjacent street or driveway into the License Area.

This License shall become effective April 1, 2021 and shall continue in effect until March 3 1, 2031 (" Term") or as otherwise terminated in accordance with Clause 8 ( TERMINATION) of this License.

This License shall be revocable by either DISTRICT or Licensee at any time; however, as a courtesy the terminating Party will give sixty ( 60) days written notice to the other Party prior to the termination date.

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RA Mrall • •

13. MAINTENANCE OBLIGATIONS OF LICENSEE - CONDITIONS AND CARE OF LICENSE AREA ( SRLic- 2. 2 S)
Licensee shall keep the License Area clean and in good repair during any time which Licensee, its agents, employees, invitees or permittees use the License Area at its sole cost and expense. Except as otherwise expressly set forth in this License, Licensee shall be responsible for all costs relating to the operation and maintenance of the License Area.

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Licensee shall be responsible for all charges for all utilities used by Licensee, including but not limited to water, gas, electricity, telephone service, cable service, intemet service, sewer and/ or portable toilets. Licensee shall be responsible for all maintenance and repairs ( including but not limited to fencing, gate repairs, landscaping, pest control, trash, janitorial service, security, and any other costs not provided for in this section. Licensee shall be responsible for any other costs, taxes, and/ or assessments ( including possessory interest assessments which are addressed in Clause 28 TAXABLE POSSESSORY INTEREST ASSESSMENTS) not provided for in this clause.

I oil
DISTRICT' s Consent. Excepting the Initial Improvements to be installed upon the License Area as described in paragraph 3 hereinabove, no structures, improvements, or facilities shall be installed, constructed, erected, altered, placed or made within the License Area without prior written consent of the Director via the County of Orange Perrmit process for review in accordance with the Orange County Flood Control District procedure and the Orange County Flood Control Act set forth in California uncodified Water Code, Act 5682, section 2 and the Orange County Codified Ordinance Sections 9- 2- 10 through 9- 2- 180. Any conditions relating to the manner, method, design, and construction of said structures, improvements, or facilities fixed by the DISTRICT as a condition to granting such consent, shall be conditions hereof as though originally stated herein.

All improvements, exclusive of trade fixtures, placed within the License Area by Licensee Licensee Improvements") must be free and clear of all liens, claims, or liability for labor or material and at DISTRICT' s option shall be the property of DISTRICT' s at the termination of this License. DISTRICT retains the right to require Licensee, at Licensee' s cost, to remove all of Licensee' s Improvements located on the License Area at the expiration or termination hereof. In the event that Licensee fails to remove said Licensee Improvements within thirty (30) days following receipt of written notice from DISTRICT to do so, such Licensee Improvements will be deemed abandoned and Licensee shall lose all right, title and interest in and thereto, and W,ISTRICT may elect ( i) at Licensee' s cost, to remove, demolish, or otherwise dispose of some or all of such items or (ii) sell or make use of any or all such items.

Licensee shall at all times indemnify and hold DISTRICT harniless from all claims, losses, Licensee in connection with construction, repair, alteration, or installation of structures, improvements, equipment, or facilities within the License Area. Licensee shall defend the DISTRICT, at Licensee' s sole cost and expense, with counsel approved by DISTRICT. Licensee shall also be responsible for any other costs of defending against such claims.

LMT 11/ 20/ 2017 Page 4 of 22 Project Number
Agency/ Program Standard Revenue License Form
486
In the event a lien or stop -notice is imposed upon the License Area as a result of such construction, repair, alteration, or installation, Licensee shall either:

A. Record a valid Release of Lien, or
B. Procure and record a bond in accordance with Division 4, Part 6, Title 2 of the Civil Code, which frees the License Area from the claim of any lien or stop -notice and from any action brought to foreclose the lien.
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filing of such a lien or stop -notice, the License shall be in default and shall be subject to immediate termination. Whether or not DISTRICT terminates the License for failure to comply with this provision will have no bearing on DISTRICT' s ability to pursue any and all other available remedies.

MIX93 U D1 MEN 9 [ MEN M R !LOIN 19pla IMamilaaIm D112fa D1 irmtjRMHMI Licensee shall, to the satisfaction of DISTRICT, keep and maintain the License Area and all improvements of any kind in good condition and in substantial repair, normal wear and tear excepted. It shall be Licensee' s responsibility to take all steps necessary or appropriate to maintain such standard of condition and repair.

Licensee further agrees to provide approved containers for trash and garbage and to keep the License Area free and clear of rubbish and litter. DISTRICT shall have the right to enter upon and inspect the License Area at any time to verify conformity with any terms and conditions of this License including cleanliness and safety.

If Licensee fails to maintain or make repairs or replacements as required herein, DISTRICT may notify Licensee in writing of said failure. Should Licensee fail to correct the situation within three ( 3) business days thereafter, DISTRICT may make or cause to be made the necessary correction, and the cost thereof, including, but not limited to, the cost of labor, materials, and equipment and administration, shall be paid by Licensee within ten ( 10) days of receipt of a statement of said cost from DISTRICT. DISTRICT may, at DISTRICT' s option, choose other remedies available herein, or by law.
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condition, unless otherwise specified in writing by DISTRICT, and the Licensee is solely responsible for any costs or damages associated with returning or failing to return the License Area to its original condition.

Licensee agrees to purchase all required insurance at Licensee' s expense and to deposit with the DISTRICT certificates of insurance, including all endorsements required herein, in compliance with the insurance provisions of this License, and to keep such insurance coverage and the LMT 11/ 20/ 2017 Page 5 of 22 Project Number
Agency/ Program Standard Revenue License Form
487
certificates and endorsements therefore on deposit with the DISTRICT during the entire term this License.

Licensee agrees that Licensee shall not operate on the License Area at any time the required insurance is not in full force and effect as evidenced by a certificate of insurance and necessar endorsements or, an official binder being in the possession of is cases shall assurances by Licensee, its employees, agents, including any insurance agent, be ea until such time as the Director reinstates the License. as adequate evidence of insurance. The Director will only accept valid certificates insurance and endorsements, or in the interim, an insurance binder as adequate evidence of insurance. Licensee also agrees that upon cancellation, termination, or expiration of Licensee' insurance, Director may take whatever steps are necessary to interrupt any operation from or the License
If Licensee fails to provide the Director with a valid certificate of insurance and endorsements, or binder at any time during the term of the License, DISTRICT and Licensee agree that this shall breach of or ot a notice of default hasor a not
been sent to Licensee, said material breach shall permit DISTRICT to take whatever steps necessary to interrupt any operation from or on the License Area, and to prevent any persons, including, but not limited to, members of the general public, and Licensee' s employees and agents, from entering the License Area until such time as the Director is provided with adequate ovidence of . required herein. Licensee further agrees to hold DISTRICT harmless for my damages • from such interruptionof business and possession, i • but not limited to, damages resulting from any loss of income or business resulting from the 11 r
action.

Licensee may occupy _ Area only
sta
I providing to DISTrequired
herein . • maintain such insurance for the entire term of DISTRICT reserves right to _ atethis License at any time Licensee' s canceled or terminated and not reinstated within ten ( 10) days of said cancellation or termination.

In the event the License is terminated . provided herein, Licensee shall pay DISTRICT a feeof two hundred dollars ($ 200. 00) for processing the reinstatement of the License. Licensee shall provide to DISTRICT immediate notice of said insurance cancellation or termination.

All contractors performing work on behalf of Licensee pursuant to this License shall obtain insurance subject to the same terms and conditions as set forth hereinfor Licensee. Licensee self
not allow contractors or subcontractors to work if contractors have less than the level of coverage required by the DISTRICT from the Licensee under this License. It is the obligation of the Licensee to provide written notice of the insurance requirements to every contractor and to receive proof of insurance prior to allowing any contractor to begin work within the License Area. Such proof of insurance must be maintained by Licensee through the entirety of this License and be available for inspection by a DISTRICT representative at any reasonable time.

All self-insured retentions ( SIRs) shall be clearly stated on the Certificate of Insurance. Any in (SIR) in an amount in excess of Seven Hundred Fifty Thousand Dollars 750, 000) shall specifically be approved by the County' s Risk Manager, or designee, upon review of Licensee' s current audited financial report. If Licensee' s SIR is approved, Licensee, in addition to, and without limitation of, any other indemnity provision( s) in this License, agrees to all of i i •,
LMT 1112012017 Page 6 of 22 Project Number
Agency/ Program Standard Revenue License Form
488
1) In addition to the duty to indemnify and hold the DISTRICT harmless against any and all liability, claim, demand or suit resulting from Licensee' s, its agents, employee' s or subcontractor' s performance of this Agreement, Licensee shall defend the DISTRICT at Licensee' s sole cost and expense with counsel reasonably approved by the DISTRICT.

Licensee shall also be responsible for any other costs of defending against such claims; and
2) Licensee' s duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and
3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the Licensee' s SIR provision shall be interpreted as though the Licensee was an insurer and the DISTRICT was the insured.

If the Licensee fails to maintain insurance acceptable to the DISTRICT for the full term of this License, the DISTRICT may terminate this License.

Qualified Insurer
k3eLl. re 771W.751ML N 7111 krillUtILAW OfkC — ULCi;( 91IJ USIMM111111101- UJ LIX MFLM edition of the Best' s Key Rating Guide/Property-Casualty[ United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California ( California Admitted Carrier).

If the insurance carrier does not have an A.M. Best Rating of A -/VIII, the CEO/ Office of Risk Management retains the right to approve or reject a carrier after a review of the company' s performance and financial ratings.

The policy or policies of insurance maintained by the Licensee shall provide the minimum limits and coverage as set forth below:
non -owned and hired vehicles
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LMT 11/ 20/ 2017 Page 7 of 22 Project Number
Agency/ Program Standard Revenue License Form
489
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The Commercial General Liability coverage shall be written on Insurance Services Office ( ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.

The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage at least as broad.

Re(tuired Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of insurance:
1) An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as broad naming the DISTRICT, and the County of Orange, their elected and appointedcis, officers, employees, agents as Additional Insureds.

Janet coverage may also be provided which will state- As Required Written Agreement.
primary non- contributingendorsement 0104 13, or
form at least as broad, evidencing that the Licensee' s insurance is primary, and any insurance or self-insurance maintained by the DISTRICT and the County of Orange shall be excess and non- contributing.

The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the DISTRICT, and the County of Orange, their elected and appointed officials, officers, agents and employees. Blanket coverage may also be provided which will state- As Required By Written Agreement.

All insurance policies required by this license shall waive all rights of subrogation against th* County of Orange, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment.

Licensee shall notify DISTRICT in writing within thirty (30) days of any policy cancellation and ten ( 10) days for non- payment of premium and provide a copy of the cancellation notice to DISTRICT. Failureto provide written noticeof . . . f a material breach of the License, upon which the DISTRICT may suspend or terminate this License.

The Commercial General Liability policy shall contain a severability of interests clause, also separation of ' i . use ( standard in the ISO CG 001 policy).

LMT 11/ 20/ 2017 Page 8 of 22 Project Number
Agency/ Program Standard Revenue License Form
490
insurance will be as deemed by the County of Orange is Manager as appropriate to adequately protect DISTRICT.

DISTRICT shall notify Licensee in writing of changes in the insurance requirements. If Licensee does not deposit copies of acceptable certificates of insurance and endorsements with DISTRICT incorporating such changes within thirty ( 30) days of receipt of such notic this License may be in breach without further notice to Licensee, and DISTRICT shall be entitled to all legal remedies. I
The procuring of such required policy or policies of insurance shall not be construed to limit Licensee's liability hereunder nor to fulfill the indemnification provisions and requirements f this License, nor in any way to reduce the policy coverage and limits available from the ILnsurer.

Licensee acknowledges the License Area is within the Prado Dam inundation area and may be subject to all hazards associated with flood conditions, Licensee agrees to assume all risks, financial or otherwise, associated therewith, including risks associated with allowing community youth gatherings.

Licensee hereby agrees to indemnify, hold harmless, and defend, DISTRICT, its elected and appointed officials, officers, employees, with counsel approved by DISTRICT, against any and all claims, loss, demands, damages, costs, expenses, or liability arising out of the ownership, maintenance, or use of the License Area including Licensee allowing community youth gatherings, except for liability arising out of the negligence and/or willful misconduct of 161STRICT, its elected and appointed officials, officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom.

In the event DISTRICT is named as co- defendant, Licensee shall notify DISTRICT of such fact and shall represent DISTRICT, at Licensee' s sole expense, with counsel approved by DISTRICT, in such legal action unless DISTRICT undertakes to represent itself as co- defendant in such legal action, in which event Licensee shall pay the DISTRICT' s reasonable attorneys' fees. In the event judgment is entered against DISTRICT and Licensee because of the concurrent negligence of DISTRICT and Licensee, their officers, or employees. an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither Party shall request a jury apportionment.

Definition of Hazardous Materials. For mrooses of this License, the term " Hazardous Material" or " Hazardous Materials" shall mean any hazardous or toxic substance, material, product, byproduct, or waste, which is or shall become regulated by any governmental entity, including, without limitation, the County acting in its governmental capacity, the State of California or the United States government.

LMT 11/ 20/ 2017 Page 9 of 22 Project Number
Agency/ Prograin Standard Revenue License Form
491
Use of Hazardous Materials. Licensee or Licensee' s employees, agents, independent contractors or invitees (collectively " Licensee Parties") shall not cause or knowingly permit any Hazardous Materials to be brought upon, stored, kept, used, generated, released into the environment or disposed of on, under, from or about the License Area (which for purposes of this Clause 21 shall include the subsurface soil and ground water). Notwithstanding the foregoing, Licensee may keep on or about the License Area small quantities of Hazardous Materials which are customarily used in connection with any permitted use of the License Area under this License which Hazardous Materials shall be used and disposed of in compliance with all applicable Laws).

Licensee Obliptions. If the presence of any Hazardous Materials on, under or about the License Area caused or permitted by Licensee or Licensee Parties results in (i) injury to any person, (ii) injury to or contamination of the License Area ( or a portion thereof), or ( iii) injury to or contamination of any adjacent real or personal property, Licensee, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return the License Area to the condition existing prior to the introduction of such Hazardous Materials to the License Area and to remedy or repair any such injury or contamination. Without limiting any other rights or remedies of DISTRICT under this License, Licensee shall pay the cost of any cleanup or remedial work performed on, under, or about the License Area as required by this License or by applicable laws in connection with the removal, disposal, neutralization or other treatment of such Hazardous Materials caused or permitted by Licensee or Licensee Parties. Notwithstanding the foregoing, Licensee shall not take any remedial action in response to the presence, discharge or release, of any Hazardous Materials on, under or about the License Area caused or permitted bp Licensee or Licensee Parties,. or enter into an-gv settlement agreement- consent decree or otherm compromise with any governmental or quasi -governmental entity without first obtaining the prior written consent of the Director. All work performed or caused to be performed by Licensee as provided for above shall be done in good and workmanlike manner and in compliance with plans, specifications, and other requirements for such work reasonably approved by DISTRICT.

Licensee and all of its agents, employees and contractors shall conduct operations under this are comprised of, but are not limited to curbs and gutters that are part of the street systems Stormwater Drainage System"), and to ensure that pollutants do not directly impact Receiving Waters" ( as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans).

The Santa Ana and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System permits (" Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District and cities within Orange County, as co -permittees ( hereinafter collectively referred to as " County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the License Area under this License. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System.

LMT 11/ 20/ 2017 Page 10 of 22 Project Number
Agency/ Program Standard Revenue License Form
492
To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (" DAMP") which includes a Local Implementation Plan (" LIP") for each jurisdiction that contains Best Management Practices BMPs") that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of storm water runoff in a costeffective manner. These BMPs are found within the County' s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets ( the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/ LIP shall be referred to hereinafter collectively as " BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non - storm water discharges and minimize the impact of pollutants on stormwater runoff.

B1TV1P Fact Sheets that apply to uses authorized under this License include the BMP Fact Sheets that are attached hereto and by reference made a part hereof as Exhibit B, which exhibit is attached hereto and by reference made a part hereof. These BMP Fact Sheets may be modified during the term of the License; and the Director of Orange County Public Works or Licensor shall provide Licensee with any such modified BMP Fact Sheets. Licensee, agents, contractors, representatives and employees and all persons authorized by Licensee to conduct activities on the License Area shall, throughout the term of this License, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this License commences or as the Stormwater Permits may be modified. The BMPs applicable to uses authorized under this License must be performed as described within all applicable BMP Fact Sheets.

Licensee may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to the Director of Orange County Public Works or Licensor for review and approval prior to implementation.

The Director or authorized representative may enter the License Area and/ or review Licensee' s records at any time to assure that activities conducted on the License Area comply with the requirements of this Clause 22 ( BEST MANAGEMENT PRACTICES). Licensee may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this Clause 22.

IS Liccr,41
Area or outflows permitted under applicable law, DISTRICT reserves the right to require Licensee to participate in a water quality management plan to minimize impacts on Harbor and ocean waters. Said water quality management plan shall be implemented by the Director of Orange County Public Works or Licensor. Notwithstanding the foregoing, if DISTRICT requires Licensee to participate in a Harbor -wide water quality management plan, the equitable share of the costs associated therewith which are allocated to the License Area shall be amortiz It over the useful life of any water, drainage, sewer, or other improvements to be constructed pursuant thereto, and Licensee shall be responsible for the portion of such amortized costs whicl LMT 11/ 20/ 2017 Page 11 of 22 Project Number
Agency/ Program Standard Revenue License Form
493
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This License and the rights and privileges granted Licensee in and to the License Area are subject to all covenants, conditions, restrictions, and exceptions of record or apparent from a physical inspection of the License Area. Nothing contained in this License or in any document related hereto shall be construed to imply the conveyance to Licensee of rights in the License Area that exceed those owned by DISTRICT, or any representation or warranty, either express implied, relating to the nature or condition of the License Area or DISTRICT' s interest therein.

Licensee has accepted the License Area in its " as is". 1" where is" condition. DISTRICT does not warrant the habitability or suitability of the License Area for the Licensee' s intended use. I Licensee agrees no improvements shall be erected, placed upon, operated, nor maintained on the F- icense Area, nor any business conducted or carried on therein or therefrom, in violation of the terms of this License, or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency having jurisdiction.

Further, all uses of the License Area by Licensee shall be conducted in accordance with all applicable law, ordinance, or regulation, including but not limited to any " Environmental Laws." " Environmental Laws" means any federal, state or local statute, ordinance, rule, regulation, order, consent decree, judgment or common- law doctrine, and provisions and conditions of permits, licenses and other operating authorizations relating to ( A) pollution or protection of the environment, including natural resources, ( B) exposure of persons, including employees, to Hazardous Materials or other products, raw materials, chemicals or other substances, ( C) protection of the public health or welfare from the effects of by-products, wastes, emissions, discharges or releases of chemical substances from industrial or commercial activities, or ( D) regulation of the manufacture, use or introduction into commerce of chemical substances, including, without limitation, their manufacture, formulation, labeldistribution, transportation, handling, storage and disposal.

The License Area is accepted as is and where is by Licensee subject to any and all existing easements, encumbrances and physical characteristics. Licensee acknowledges that except as specifically herein provided, neither DISTRICT nor any of its employees, agents, or representatives has made any representations, warranties or agreements to or with Licensee on behalf of DISTRICT as to any matters concerning the License Area, access to the License Area, the present use thereof, or the suitability of Licensee' s intended use ofthe License Area. Without limiting DISTRICT' s rights with respect to the License Area, DISTRICT reserves the right to install, lay, construct, maintain, repair, and operate such sanitary sewers, drains, storm water sewers, pipelines, manholes, and connections; water, oil, and gas pipelines; telephone and telegraph power lines; and the appliances and appurtenances necessary or convenient in connection therewith, in, over, upon, through, across, under, and along the License Area or any part thereof, and to enter the License Area for any and all such purposes. DISTRICT also reserves LMT 11/ 20/ 2017 Page 12 of 22 Project Number
Agency/ Program Standard Revenue License Form
494
under, and along any and all portions of the License Area.

DISTRICT agrees that rights granted to third parties by reason of this Clause 26 shall contain provisions that the surface of the land shall be restored as nearly as practicable to its original condition upon the completion of any construction. DISTRICT further agrees that should the exercise of these rights temporarily interfere with the use of any or all of the License Area by Licensee, any License Fee shall be reduced in proportion to the interference with Licensee' s use of the License Area.

The License granted hereby is personal to Licensee and any assignment of said License by Licensee, voluntarily or by operation of law, shall automatically terminate the License granted hereby. Sublicenses or subleases are not authorized under this License to anyone other than the ltoy Scouts of America and/ or one of their troops, and any attempt by Licensee to create any other such sublicense or sublease shall be null and void and shall automatically terminate the License without the express written approval of the DISTRICT.

Should this License create any possessory interest which is subject to the payment of taxes levi on such interest, it is understood and agreed that all assessments associated with said taxable possessory interest shall be the full responsibility of the Licensee, and Licensee shall cause said assessments to be paid promptly. 11
Licensee acknowledges and agrees that all improvements or modifications required to be performed as a condition precedent to the Effective Date ofthe term of this License or any such future improvements or modifications performed by Licensee shall be governed by, and performed in accordance with, the provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the State of California ( Sections 1770, et seq.), as applicable. These provisions— may be applicable to improvements or modifications costing more than $ 1, 000, unless an exception applies, including but not limited to the exception to the definition of public works under
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, Licensee shall comply with the general prevailing rate of per them wages and the general prevailing rate for holiday and overtime work in the locality applicable to this License for each craft, classification, or type of workman needed to execute the aforesaid improvements or modifications. The rates are available at the following website:
http:// www.dir.ca.gov/dlsr/DPreWageDeterinination. htm from the Director of the State Department of Industrial Relations. Licensee shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates at all times for all improvements or modifications to be completed for DISTRICT within the License Area. Licensee shall comply with the provisions of Sections 1775 and 1813 of the Labor Code.

LMT 11/ 20/ 2017 Page 13 of 22 Project Number
Agency/ Program Standard Revenue License Form
495
If Licensee neglects, fails, • refuses to provide said payroll records to the DISTRICT, upon request, such occurrence shall constitute an event of default of this License and DISTRICT may, notwithstanding any other termination provisions contained herein terminate this License upon written notice to Licensee.

In accordance wAtti-the- Inited States lmmigratioff' Aet orm—and• Act ot it Licensee—sTFafl require its employees that directly • indirectly service the License Area or terms and conditions of this License, in any manner whatsoever, to verify their identity and eligibility for employmen), in the United States. Licensee shall also require and verify that its contractors or any other persons servicing the License Area or terms and conditions of this License, in any manner whatsoever, verify the identity • their employees and their eligibility for employment in the United States.

Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and State of California Labor Code, Division 2, Parts 4 and 7, Licensee shall pay no less than the greater of the Federal or California Minimum Wage to all its employees that directly • indirectly service the License Area, in any manner whatsoever. Licensee shall require and verify that all its contractors or other persons servicing the License Area on behalf of the Licensee also pay their employees no less than the greater of the Federal or California Minimum Wage.

Licensee shall comply and verify that its contractors comply with all other Federal and State California laws for minimum wage, overtime pay, record keeping, and child labor standar pursuant to the servicing of the License Area or terms and conditions of this License.

Notwithstanding the minimum wage, requirements provided for in this Clause 30, Licensee, where applicable, shall comply with the prevailing wage and related requirements pursuant to the provisions of Section 1773 • the Labor • a • the State • California. 1—IC011SOC atfCCS 11* L L41 C190SUILCL, 111a 9111T, anT7q=', valurcl 141 I- icense Area except • approved by the Director. Unapproved signs, banners, flags, etc., may be removed.

The persons executing the License below on behalf of DISTRICT or Licensee warrant that they have the power and authority to bind DISTRICT or Licensee to this License.

LMT 11/ 20/ 2017 Page 14 of 22 Project Number
Agency/ Program Standard Revenue License Form
496
The various headings and numbers herein, the grouping of provisions of this License into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and shall notbe considered otherwise.

This License is the only agreement between the Parties regarding the subject matter hereof; other agreements, either oral or written, are void. Any es to this License shall be in and shall be properly executed t Parties.- -
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or DISTRICT may have, and shall not be deemed a waiver of the right or act as a legal bar to require strict performance of all the terms, covenants, and conditions of the License thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the License. Any waiver, in order to be effective, must be signed by the Party such right or remedy.

License,
This agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394.

In the event of a dispute between DISTRICT and Licensee concerning claims arising out of this or any action or proceeding t i• i enforce or interpretany provision of License or where any provision hereof is validly asserted as a defense, each Party shall bear its own . and costs.

Time is of of Agreement. Failure to complyrequirements
of institute a material breach of `
LMT 11/ 20/ 2017 Page 15 of 22 Project Number
Agency/ Program Standard Revenue License Form
497
i
the subject License Area complies with all of - appLable construction -related accessibility Area,
standards under state law. Although state law does not require a CASp inspection of the License DISTRICT i prohibit th- Licensee from obtaining a r inspection of _ License Area for the occupancy or potential occupancy of the Licensee, if requested by the Licensee. The Parties shallagree on - arrangements • and manner of CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction -related accessibility standards within the License Area.

Pursuant to California Civil Code 1938, DISTRICT hereby represents that the License Area has not undergone an inspection by a CASp and no representations are made with respect to compliance 1 standards. ..:.:. i determined i
i this tenancy:. . violation of
handicapped access laws ( including the Americans with Disabilities Act) exists at the License Area, Licensee shall correct such non- compliance at Licensee' s cost.

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Licensee shall be " r -- i to obtain i maintain throughoutthe Term of this Licenseany and all permits and/ or licenses which may be required in connection with the operation of the License Area as set out herein. No permit, approval, or consent given hereunder by County, in its governmental .•. city, shall affector .. obligations her. inor shall any approvals or consents given by DISTRICT, as a Party to this License, be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules, or regulations.

CK nJy+/y 1 DILIN [ ENR UMILVI 1911 1,1111MV M 71ff Xr
Should Licensee conduct credit/ debitcard transactions in conjunction. business the DISTRICT, on behalf of ' or part of the business that they • i Licensee covenants and warrants that. Payment Card Industry Data Security Standard ' i' 1 PaiAment A iqwlication Data SecuritVA Standard " PA 1comtliant i will remainr during the entire duration of agrees
immediately notify DISTRICT in the event Licensee should ever become non- compliant, and will - all necessary'
com
r • return to compliance . • shall be compliant within teni days the of i •
Licensee agrees not to by against .
race, color, creed, physical handicap, or national origin in employment practices and in the LMT 11/ 2012017 Page 16 of 22 Project Number
Agency/ Program Standard Revenue License Form
498
activities conducted pursuant to this License. Licensee shall make its accommodations and services available to the public on fair and reasonable terms.

Except as otherwise agreed to herein, in the Permit or in subsequent approval in writing by Licensor, upon termination of this License, Licensee shall redeliver possession of said License Area to DISTRICT in substantially the same condition that existed immediately prior to Licensee' s entry thereon, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted. If Licensee fails or refuses to redeliver possession of said License Area to DISTRICT in substantiallp the same condition. then the Director ma -w authorize all work the property up to said condition and Licensee shall promptly reimburse DISTRICT the cost thereof.
1111 i
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all" OfS1941 I ,VUVFCILY MIX111g. 111,; LV IL, LX11SC—riVOU LE11 141) UU5S dILUI N event shall be deemed, at DISTRICT' s option, to have been transferred to DISTRICT.

DISTRICT shall have the right to remove and to dispose of such personal property without liability therefor to Licensee or to any person claiming under Licensee, and shall have noIneed t account therefor.
1I.Mweldr- 11 11MJ
Or. 118r.11
or,sen to insLiection bTp th int to the California Public Records Act fGovern ent Co Section 6250, et seq.) as now in force or hereafter amended, or any Act in substitution thereof, otherwise made available to the public and Licensee hereby waives, for itself, its agent employees, sublicensees, and any person claiming by, through or under Licensee, any right claim that any such information is not a public record or that the same is a tra le secret confidential information and hereby agrees to indemnify and hold DISTRICT harml ss from a and all claims. demands, liabilities and/or obligations arisiny, out of or re a claim The relationship of the Parties hereto is that of Licensor and Licensee, and it is expressly understood and agreed that DISTRICT does not in any way or for any purpose become a partner of or a joint venture with Licensee in the conduct of Licensee' s business or Licensee' s deon to allow community youth gatherings or otherwise.

LMT 11/ 20/ 2017 Page 17 of 22 Project Number
Agency/ Program Standard Revenue License Form
499
All written notices pursuant to this License shall be addressed as set forth below or as either Para may hereafter designate by written notice and shall be deemed delivered upon personal deliver delivery by facsinuile machine, electronic mail, or seventy- two ( 72) hours after deposit in t United States Mail. Notwithstanding the above, either Party may also provide notices to the other so giver isersonal defiverA*j- or courier service such as FedEx,, and anV such notice been given upon receipt.

To: DISTRICT
1* C-1_ft4-C— #1Yq& j-,V4 #41
c/ o CEO/Real Estate, Infrastructure
iOl N. Ross Street, 2ml Floor
Santa Ana, CA 92701
q%qJ_HW
To: Licensee
T1_e,_QLy,*,f
F.Mm"11FIgum
12363 Limonite Ave. Suite 9 10
Eastvale, CA 91752
III III I I III I LieHOI r01101041HIOW49
LMT 11/ 20/ 2017 Page 18 of 22 Project Number
Agency/ Program Standard Revenue License Form
500
IN WITNESS WHEREOF, the Parties have executed this License the day and year first above written.

MWOM
L-15
zJ I t %J I Z_uc-1
4"" """ " " N W.'
M: NIIWI ftlh, 1 fflw Kounty
Nicole Walsh —IBY7 W= IMAI 11113, - 0Tw DISTRICT
Deputy

ORANGE COUNTY FLOOD CONTROL

DISTRICT
By:

James readaway, Director
Orange County Public Works
Per Minute Order of the Board of Supervisors
dated 2/ 25/ 14
Date:

LMT 11/ 20/ 2017 Page 19 of 22 Project Number
Agency/ Program Standard Revenue License Form 501
1WAIl,II. i111\
LMT 11/ 20/ 2017 Page 20 of 22 Project Number
Agency/ Program Standard Revenue License Form
502
503
504
INIIII
NNW -.1al on w4w LMD]
Licensee shall be responsible for implementing and complying with all BMP Fact Sheet requirements that apply to this Licensee' s operations. Licensee is to be aware that the BM?. clause within this License, along with all related BMP Exhibits, may be revised, and may incorporate more than what is initially being presented in this License.

Suggested BMPs Fact Sheets may include, but may not be limited to, the following list shown below and can be found at: http:// oewatersheds. com/ documentsibmp ( website may change from time to time):

IC5 Concrete & Asphalt Production, Application, & Cutting IC6 Contaminated or Erodible Surface Areas
IC7 Landscape Maintenance
Loading/ Unloading of Materials
IC I 10u t d o o r Proces s Equipment Operations & Maintenance JC 12 Outdoor Storage of Raw Materials, Products, & Containers IC13 Over W, Lctivities
IC15 Parking & Storage Area Maintenance
IC 17 Spill Prevention & Cleanup IC21
Waste Handling & Disposal
LMT 11/ 20/ 2017 Page 21 of 22 Project Number
Agency/ Program Standard Revenue License Form
505
A-2022- 090

SUB -LICENSE AGREEMENT BETWEEN THE CITY OF EASTVALE

AND BOY SCOUTS OF AMERICA
This Agreement for Use of City Facilities for Youth Sports Activities (" Agreement") is entered into effectiv ift Z'% , 2022 (the " Effective Date"), by and between the City of Eastvale, a municipal corporation (" City" or " Sublicensor") and Eastvale Kiwanis for Boy Scouts of America Troop 251 and 251 G, a California non- profit organization (" Sublicensee").

The City and Sublicensee may be referred to, individually or collectively, as a " Party" or the Parties."

RECITALS
WHEREAS, the Orange County Flood Control District, a body corporate and politic District" or " Licensor") and the City entered into a license agreement (" License Agreement") on or about March 1, 2021 whereby the District granted to the City a non- exclusive license License") to use the surface of certain real property, as further described below, for the purpose of conducting community youth group meetings, storage of non -hazardous materials, parking, and related activities; and
WHEREAS, the License is personal to the City, except that the License Agreement authorizes the City to enter into a sublicense agreement with Sublicensee and no other party, subject to the terms and conditions of the License Agreement; and WHEREAS, the City desires to enter into this Agreement and grant a sublicense to the Sublicensee, for the purpose of conducting community youth group meetings, storage of nonhazardous materials, parking, and related activities, subject to the terms and conditions of the License Agreement.

NOW, THEREFORE, the Parties agree as follows:

OPERATIVE PROVISIONS

1. Recitals
The foregoing recitals are true and correct, and are incorporated herein by this reference.

2. Grant of Sublicense
The City grants to Sublicensee a non- exclusive sublicense (" Sublicense") to use the surface of that certain property consisting of approximately 80,000 square feet, atop a plateau located near the intersection of River Road and Hellman Avenue and described as lying approximately 700 feet east of Hellman Avenue and 2, 500 feet south of River Road in the City of Eastvale, California, together with the use of a 20-foot wide dirt access road emerging from the south end of Hellman Avenue and traveling slightly northeast approximately 1, 150 feet to reach the plateau, as depicted in Exhibit A, attached hereto and incorporated herein by reference Sublicense Area"). The Sublicense Area is on the surface of a flood control area adjacent to a regional flood control facility, commonly referred to as the Prado Dam inundation area, known 01345. 000 in80216. 5
EXHIBIT 2
506
as District Facility No. E01 PD M26- 997 (" Prado Dam"). Nothing in this Agreement shall be construed to imply the conveyance to Sublicensee of any rights that exceed those owned by the City, as determined by the License Agreement. This Sublicense is granted in an as -is condition, and Sublicensee accepts the Sublicense Area in its as -is condition. The City does not warrant the habitability or suitability of the Sublicense Area for the Sublicensee' s intended uses. Sublicensee acknowledges that all rights under this Agreement are subject to and subordinate to the terms of the License Agreement.

3. Permitted Uses
Sublicensee shall be permitted to use the Sublicense Area for community youth group meetings, which include but are not limited to conducting weekly meetings, earning merit badges, working on rank advancement and the building, maintaining, and extinguishing of campfires, and other various outdoor sports activities, storage of non -hazardous materials, parking, and related activities. Certain improvements, including installation of a concrete pad and flagpole, placement of a mobile office trailer, port-o- potties, temporary lighting and storage units, and construction of a amphitheater are permitted (" Improvements"). No other uses or improvements are permitted, except by prior written consent from the City.

All parking shall be located wholly within the Sublicense Area. No parking, staging, queueing, waiting, or loading/ unloading shall be permitted on or along the adjacent street or driveway into the Sublicense Area.

Sublicensee shall not be permitted to use the Sublicense Area for any of the following activities:

Public or private nuisance;
Committing waste;
Grading activities, other than as required for the Improvements listed in this Section 3 above;
Construction or placement of any improvements or fixtures other than those listed in this Section 3;
Alteration of existing fencing;
Placement of petroleum products ( except small amounts of fuel required for operation of generators), other hazardous materials ( which is defined as any hazardous or toxic substance, material, product, or waste regulated by any government al entity), storage tanks, or containers in the Sublicense Area; and
Sale or consumption of alcohol, tobacco, cannabis products or any other illegal or unauthorized drugs.

4. Access and Right of Entry
Sublicensee shall lock all access gates to the service roadway immediately after each entry to or exit from the Sublicense Area, unless gates are manned. Should use of the Sublicense Area extend into the rainy season, the District and/ or City in their sole discretion may limit access to the service roadway, depending on weather conditions. Sublicensee shall restrict 01345. 0001/ 780216. 5
507
vehicular speeds on and over the License Area and dirt access road to a maximum speed of ten 10) m i les per hour.

Sublicensee acknowledges that the District, and its respective successors and assigns, have all rights necessary to enter into the Sublicense Area to ensure proper maintenance and operation of the Prado Dam and related facilities, and to take any other action deemed necessary or desirable to maintain, repair, improve, modify, or reconstruct said facilities or to conduct operations within its sole discretion.

The District and/ or the City may also enter the Sublicense Area to ensure compliance with the License Agreement or this Agreement. Sublicensee shall comply with all access and right of entry requirements and shall cooperate with the District and/ or City. The District and/ or City will make best efforts to notify Sublicensee prior to accessing and using the Sublicense Area.

5. Term; Termination
This Agreement is effective as of the Effective Date written above and shall terminate on March 31, 2031, or as otherwise provided herein. Either Party may terminate this Agreement at any time, for any reason or no reason, upon 30 days' written notice of termination to the other Party.

Upon termination of the Sublicense, Sublicensee shall return the Sublicense Area to its original condition as it existed at the start of this Sublicense, unless otherwise specific in writing by the District or the City. Sublicensee shall be solely responsible for any costs or damages associated with returning or failing to return the Sublicense Area to its original condition, based on Sublicensee' s use of the Sublicense Area.

6. Maintenance
Sublicensee shall keep, at its sole cost and expense, the Sublicense Area, including fencing, gate, trash, janitorial service, pest control, security, and landscaping, as well as all Improvements, in clean and good repair at all times it or its agents, invitees, or guests use or occupy the Sublicense Area. If Sublicensee fails to maintain or make repairs or replacement, as required, the City shall notify Sublicensee in writing of the failure. Sublicensee shall have three 3) business days to make or to commence making such repairs or replacement. Failure to do so authorizes the City to make such repairs, and the costs related thereto, including labor, materials, equipment, and administration, shall be paid by Sublicensee within thirty ( 30) days of receipt of notice thereof from the City.

Sublicensee may be charged by the City for all utilities used by Sublicensee, including but not limited to water, gas, electricity, sewer, or port-o- potties.

Sublicensee shall also conduct activities within, and shall maintain, the Sublicense Area to ensure that pollutants do not enter municipal storm drains or impact receiving waters such as rivers, creeks, streams, etc.
01345. 000 i n80216. 5
508
All Improvements described and approved in Section 3 above must be free and clear of all liens, claims, or liability for labor or material. If a lien is attached to any portion of the Improvement, Sublicensee shall be responsible for any costs of defense against such lien or claim, and shall record a valid release of lien or procure a bond to secure such release. Failure to do so within thirty ( 30) days of the lien or claim shall subject this Agreement to termination.

Upon termination of the Sublicense, Sublicensee shall, at its own cost and expense, remove all Improvements is has located or caused to be located within the Sublicense Area. In the event any portion of the Improvements are not removed within thirty ( 30) days following written notice, such Improvements will be deemed abandoned and Sublicensee shall lose all right, title, and interest in and thereto, and either the City or District may elect ( i) at Sublicensee' s cost, to remove, demolish, or otherwise dispose of said portions of Improvements, or ( ii) to sell or make use of any or all portions of Improvements.

Nothing in this Agreement shall obligate Sublicensee to be responsible for the maintenance of the Sublicense Area beyond Sublicensee' s use thereof.

7. Rearesentative of Sublicensee
Eastvale Kiwanis, is hereby designated as being the representative of Sublicensee authorized to act on its behalf with respect to this Agreement and all decisions in connection therewith. All employees or agents of Sublicensee making use of the Sublicense Area Personnel") shall be under the exclusive direction of the representative of Sublicensee.

8. Citv' s Contract Officer
Community Development Director, or such other person as may be designated by the Community Development Director, is hereby designated as being the representative authorized to act on the City' s behalf with respect to this Agreement and all decisions in connection therewith (" Contract Officer").

9. Indeaendent Status
The City and its agents and employees are, for all purposes, an independent party from Sublicensee and shall not be deemed employees or agents of Sublicensee. The City and its agents and employees, in the performance ofthis Agreement, shall act in an independent capacity and not as officers, employees or agents of Sublicensee. While Sublicensee may be required by this Agreement to carry Worker' s Compensation Insurance, in no event shall the City or its employees be entitled to unemployment or workers' compensation benefits from Sublicensee.

Sublicensee is for all purposes an independent party from the City, and neither Sublicensee nor any officer, employee or agent of Sublicensee, shall be deemed an officer, employee or agent of the City. Sublicensee and its employees and agents shall at all times act in an independent capacity and not as officers, employees or agents of the City. While the City may be required by this Agreement to carry Worker' s Compensation Insurance, in no event shall Sublicensee or its employees or agents be entitled to unemployment or workers' compensation benefits from the City.
01345. 0001 / 780216. 5
509
Neither Party shall at any time or in any manner represent that it or any of its agents or employees are agents or employees of the other Party, or that it is a member of a joint enterprise with such Party. Neither Party shall in any way or for any purpose become or be deemed to be a partner of the other Party in its business or otherwise or a joint venturer or a member of any joint enterprise with such other Party.

10. Comaliance with Laws
Sublicensee agrees not to violate any applicable law or City policy, rule, or -regulation in connection with its use of the Sublicense Area. Sublicensee represents and acknowledges that it has received, read and understands any and all rules and regulations that apply to the Sublicense Area, and agrees that it will comply with said rules and regulations in connection with its use of the Sublicense Area, including any and all rules, regulations, requirements, and prohibitions stated in the License Agreement, as applicable.

11. Release; Indemnification

11. 1 Release
Sublicensee hereby waives, releases and discharges the City, including its officers elected and appointed), agents and employees, from and against any and all claims or liabilities to Sublicensee or any other person or entity, including but not limited to claims or liabilities for bodily injury, illness, death, or property damage, arising from or related in any way to Sublicensee' s use of the Sublicense Area or Sublicensee' s hosting of or participation in the permitted uses, including those involving negligence of the City or other participants, and Sublicensee, on behalfof itself and its officers, employees, agents and volunteers, agrees to waive its rights to make any such claims through any action or proceeding against the City or any of its officers ( elected or appointed), agents and employees. However, Sublicensee understands that this Section is not intended to release any party from any act or omission of gross negligence." Sublicensee shall not be responsible for the act or omissions of other parties not related to Sublicensee.

11. 2 Civil Code Section 1542 Waiver.

In giving the release and waiver set forth in this Section 10, Sublicensee expressly waives any and all rights conferred upon it by the provisions of California Civil Code Section 1542, which Sublicensee understands reads as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected, that may arise from or relate in any way to Sublicensee' s hosting of, presence at, or participation in the permitted uses. 01345. 000 i n80216. 5
510
Sublicensee' s Initials

11. 3 Indemnification
Neither the City nor any official ( elected or appointed), employee, or agent ofthe City shall be responsible for any damage or liability occurring by reason of any act or omission on the part of Sublicensee or any of its officers, directors, employees, agents, members or participants under or in connection with this Agreement. Sublicensee shall fully indemnify, defend, and hold harmless the City and its officers ( elected and appointed), employees and agents from any claim, action, proceeding, damage, injury, loss, cost, expense, fee ( including litigation expenses and attorneys' fees), penalty, obligation, forfeiture or liability, of every nature ( including but not limited to property damage, bodily injury, illness, or death) arising out of or related to any act or omission of Sublicensee or any of its officers, directors, employees, agents, members or participants, or any act or omission of those who attend or participate in the permitted uses under or in connection with this Agreement, except for such claim or liability which was caused by the sole negligence or willful misconduct ofthe City.

12. Insurance
Sublicensee, at its sole cost and expense, shall secure and maintain, throughout the Term of this Agreement, the following policies of insurance: ( 1) commercial general liability and propeqy damage insurance with a limit of no less than One Million Dollars ($ 1, 000, 000) per occurrence and Two Million Dollars ($ 2, 000, 000) in the aggregate; ( 2) if Sublicensee has any employees, worker' s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for Sublicensee against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Sublicensee in the course of conducting the permitted uses; and ( 3) automobile liability insurance, including coverage for owned, non -owned and hired vehicles, with a limit of no less than One Million Dollars 1, 000, 000) per occurrence.

Sublicensee' s insurance shall: ( 1) name the City, its officers, officials, employees, and volunteers as additional insureds on the commercial general liability insurance policy with respect to liability arising out of work or operations performed by or on behalf of the sublicensee including materials, parts, or equipment furnished in connection with such work or operations; ( 2) contain a severability of interest clause and a provision that such policy shall be primary and noncontributing with respect to any policy carried by the City and that any coverage carried by the City shall be in excess of and non- contributing unless the policy limit of Sublicensee' s insurance is exceeded; and ( 3) for the commercial general liability insurance policy, coverage shall be provided in the form of an endorsement to the Sublicensee insurance ( at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used), unless such requirements are waived by the Risk Manager ofthe City (" Risk Manager") due to unique circumstances. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers elected or appointed), employees and agents and their respective insurers. A Certificate of 01345. 0001/ 780216. 5
511
Insurance and endorsements documenting the above insurance coverage must be supplied to the City prior to Sublicensee' s use of the Sublicense Area pursuant to this Agreement.

13. Miscellaneous Provisions

13. 1 Transfer; Assignment.

Neither Party may transfer or assign its interest in this Agreement, or any part thereof, without the prior written approval ofthe other Party. Any transfer or assignment without such approval shall be void and unenforceable.

13.2 Mutual Cooperation.

In the event there is a dispute or conflict between the parties arising out of or related to this Agreement, City and Sublicensee shall cooperate and attempt to resolve the dispute or conflict in good faith, including mediation, prior to taking legal action against the other party.

13.3 Notice.

Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give pursuant to this Agreement shall be in writing and either served personally or sent by prepaid, first- class mail, addressed as follows:

To City: City of Eastvale
Attn.: Gina Gibson -Williams
12363 Limonite Avenue # 910 Eastvale, CA 91752
951) 361- 0900
Ggibson- williams@eastvaleca. gov
To Sublicensee: Eastvale Kiwanis c/ o
Attn.: George Rife
14599 Gannet Street Eastvale, CA 92880
951) 236- 5700
George. rife@colsongroup. com
Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventytwo ( 72) hours from the time of mailing if mailed as provided in this Section.

13. 4 Legal Action; Attorneys' Fees.

In addition to any other rights or remedies, and except as otherwise provided in this Agreement, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Sublicensee shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
01345. 0001/ 780216. 5
512
The prevailing party in action or proceeding initiated by either Party pursuant to this Agreement, in addition to any other relief which may be granted, shall be entitled to recovery of reasonable attorney' s fees.

13. 5 Covenant Against Discrimination
Sublicensee covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement.

13. 6 Conflict of Interest
No official, officer or employee of the City has or shall have any financial interest, direct or indirect, in this Agreement, nor shall any such official, officer or employee participate in any decision relating to this Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be " remote" or " noninterests" pursuant to Government Code Sections 1091 or 1091. 5.

13. 7 Representation and Warranty of Non -Collusion
Sublicensee represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. Sublicensee further warrants and represents that it has not engaged in any act( s), omission( s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result or consequence of obtaining any agreement. Sublicensee is aware of and understands that any such act( s), omission( s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agr ement void and of no force or effect.

Sublicensee' s Authorized Initials

13. 8 Interpretation
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

13. 9 Integration; Amendment
This Agreement is the entire, complete and exclusive expression ofthe understanding of the Parties. It is understood that there are no oral agreements between the Parties affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be 01345. 0001 / 780216. 5
513
valid unless made in writing and approved by the Parties. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. To the extent any provision in this Agreement conflicts with or is inconsistent with the terms ofthe License Agreement, the terms of the License Agreement shall apply.

13. 10 Waiver
Waiver by any Party of any term, condition, or covenant ofthis 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 or a waiver of any subsequent breach or violation of any provision ofthis Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

13. 11 Severability
Any term or condition of this Agreement that is deemed invalid or unenforceable by a court of competent jurisdiction shall be severed from the remainder of this Agreement, and the remaining terms and conditions hereof shall nevertheless remain in full force and effect, and shall be construed so as to effectuate the intent of the Parties.

13. 12 Governing Law
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court ofthe County of Riverside, State of California.

13. 13 Headings
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

13. 14 Counterparts; Electronic Signature
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, whether the signatures are originals, facsimiles or electronic. All such counterparts shall constitute one and the same instrument.

13. 15 Authority
The persons executing this Agreement on behalf of the Parties warrant that ( i) such Party is duly organized and existing, ( ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, ( iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and ( iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. 01345. 0001 / 780216. 5
514
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date

SUBLICENSEE

EASTVALE KIWANIS FOR

BOY SCOUTS OF AMERICA
TROOP 251 and 251G
a California non- profit organization
Name:

Title: TCest

CITY/ SUBLICENSER

CITY OF EASTVALE,
a municipal corporation
M
Nsme: 14Wr4 ( larUA
Title:-vilwitY1 c4i M# PJ18l"
ATTEST:
1 Marc A. Donohue, MMC
City Clerk
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
Pam K. Lee
Special Legal Counsel
Two corporate officer signatures required when Sublicensee is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. SUBLICENSEE' 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 SUBLICENSEE' S BUSINESS ENTITY. 01345. 0001/ 780216. 5
515

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity ofthat document.

COUNTY OF RIVERSIDE
On , 2022 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person( s) whose names( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER

INDIVIDUAL

CORPORATE OFFICER

TITLE(S)

PARTNER( S) LIMITED

GENERAL

ATTORNEY - IN -FACT

TRUSTEE( S)

GUARDIAN/ CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

NAME OF PERSON( S) OR ENTITY( IES))

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DATE OF DOCUMENT

SIGNERS) OTHER THAN NAMED ABOVE
01345. 0001/ 780216. 5
516

CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity ofthat document.

COUNTY OF RIVERSIDE
On , 2022 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person( s) whose names( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT

TITLE( S) NUMBER OF PAGES

PARTNER( S) LIMITED

GENERAL DATE OF DOCUMENT

ATTORNEY - IN -FACT

TRUSTEE( S) SIGNER( S) OTHER THAN NAMED ABOVE

GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

NAME OF PERSON( S) OR ENTITY( IES))
01345. 0001/ 780216. 5
517
r
518
01345. 000080216.
5 519
signatures on following page]
01345. 000080216. 5
520

AGENDA STAFF REPORT
City Council/Eastvale Public Financing Authority Meeting

CONSENT CALENDAR
Agenda Item No. 11.14
August 13, 2025
Fiscal Year 2025/2026 Annual Computer Refresh
Prepared By:

Johnny Terfehr, Community Safety and Technology Director Recommended Action(s)
Staff recommends that the City Council authorize a purchase order for Dell Marke ng L.P. in an
amount not to exceed $35,000 to purchase Dell computers and equipment, to replace aging and out of warranty personnel workstations.

Summary
The City’s contracted informa
on technology vendor, Infinity Technologies, has iden
fied several
employee worksta
ons with expired Dell warran
es or warran
es set to expire within the next year
that require replacement. In addi
on, five (5) micro PCs will be purchased to support Public Works personnel opera
ons. The total es
mated cost for these upgrades will be approximately $27,000 - $35,000.

Background
On April 28, 2021, the City Council approved an agreement with Infinity Technologies (IT) to provide information technology management support services.

As part of ongoing preventa
ve maintenance efforts, the City’s IT Division conducts an annual computer refresh for employee worksta
ons. This process involves assessing devices that are out of warranty and nearing the end of their op
mal performance lifecycle. Aging hardware o8en struggles to support newer so8ware, resul
ng in reduced efficiency and system slowdowns. The primary goal of the refresh is to proac
vely replace computers that may soon impact staff produc vity or are
already experiencing performance issues, as reported to IT. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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521
For the 2025-2026 fiscal year, the IT Division has iden fied eight (8) Dell desktop computers with
expired warran
es that require replacement, along with seven (7) laptops with either expired warran
es or warran
es set to expire within the next year. The replacement worksta ons will be
equipped with memory ranging from 16 GB to 64 GB, depending on opera onal needs. Addi
onally,
five (5) micro PCs will be procured to support Public Works personnel opera ons. The total
estimated cost for these upgrades is between $27,000 and $35,000.

The procurement of these Dell computers and equipment will be conducted through a coopera ve
purchasing agreement awarded by Region 14 Educa
on Service Center (ESC) and made available
through OMNIA Partners, which is compliant with Eastvale Municipal Code Sec on 4.06.080(d).

OMNIA Partners is a public en
ty and partner to government agencies which develops solicita ons
for compe

ve bidding that meet or exceeds local requirements. OMNIA Partners and Region 14 ESC awarded Contract No. 01-143 to Dell Marke
ng L.P. for the procurement of Technology
Solu
ons, Products and Services. Staff researched available procurement op ons, and determined
that Dell Marke
ng L.P. meets the City's specifica
ons and standards, and is in accordance with the
City's Purchasing guidelines. By leveraging the procurement power through coopera ve purchasing,
the City of Eastvale will obtain competitive pricing.

Environmental
Not applicable.

Strategic Plan Action - Priority Level: N/A | Target #: G | Goal #: A Identify and recommend tools necessary for optimal employee performance (Target G, Goal A).

Fiscal Impact
The fiscal year 2025-2026 budget includes adequate appropria ons for the Dell refresh in the
General Fund, Other Equipment account number 100-240-6590.

Prior City Council/Commission Action
Not applicable.

Attachment(s)
Attachment 1 - Dell Award Letter & Pricing
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Region XIV Education Service Center
Thursday, December 1st, 2022
Dell Marketing LP.

ATTN: Stacey Skala
One Dell Way
Round Rock, TX 78682
Dear Stacey:
1850 Highway 351
Abilene, TX 79601-4750
325-675-8600
FAX 325-675-8659
Region XIV Education Service Center is happy to announce that Dell Marketing LP. has been awarded an annual contract for Technology Solutions, Products and Services on the proposal submitted to Region XIV ESC.

The contract is effective immediately and will expire on November 30th, 2025. The contract can then be renewed annually for an additional five years, if mutually agreed on by Region XIV ESC and Dell Marketing LP.

We look forward to a long and successful partnership underneath this contract.

If you have any questions or concerns, feel free to contact me at 325-675-8600. f~
Shane Fields
Region XIV, Executive Director
523

Region XIV Education Service Center
1850 Highway 351
Abilene, TX 79601-4750
325-675-8600
FAX 325-675-8659
June 13, 2025
Ms. Ashley Salinas
Contract Program Manager
Dell Marketing LP.

One Dell Way
Round Rock, TX 78682
Sent via email to: [email protected]
Re: Renewal of Region 14 ESC Contract #01-143, Technology Solutions, Products and Services Dear Ms. Salinas:

Region 14 Education Service Center is pleased to announce it is renewing contract #01-143, Technology Solutions, Products and Services for the period December 1, 2025 through November 30, 2026, in accordance with the contract.

If you have any questions or concerns, feel free to contact me at (325) 675-7003.

Sincerely,
Emily Jeffrey
Region 14, Chief Financial Officer
Docusign Envelope ID: AD3C6973-FC9E-4A10-B922-C1F3411A2B70 524
Dell Marketing L.P. 1
Dell Customer Communication - Confidential
Tab 7 - Pricing Proposal
Please submit price list electronically via our online Bonfire portal (pricing can be submitted as Discount off MSRP, cost plus, etc.). Products, services, warranties, etc. should be included in price list. Prices submitted will be used to establish the extent of a respondent’s products and services (Tab 5) that are available and also establish pricing per item.

Price lists must contain the following:
• Product name and part number (include both manufacturer part number and respondent part number if different from manufacturers).
• Description
• Vendor’s List Price
• Percent Discount to NCPA participating entities
Dell Response
Dell maintains a Retail Price list online located at:
http://ftpbox.us.dell.com/slg/weekly/dellpricereport.pdf The Price List is updated weekly, is available for download from this site in lieu of hard copy distribution and excludes promotional offers. Systems configured and discounted by your Dell’s Sales Representatives or through on-line stores and Premier Pages, are based upon then-current retail pricing and exclude promotional offers.

Changes to retail prices are subject to Dell’s discretion and generally take effect immediately, allowing us to provide price decreases and to introduce new products without waiting for a formal price list to be updated. Product Classifications and Categories may be changed by Dell without notice.

Not To Exceed Pricing
• NCPA requests pricing be submitted as “not to exceed pricing” for any participating entity.
• The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation.
• NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members.

Dell Response
Dell will provide the minimum discounts for the offers described in the Discount Category Matrix on the following page. The discounts are applied to Dell’s then current Manufacturer Suggested Retail Pricing (MSRP) and Dell reserves the right to change the MSRP (which would also change the discounted selling price) at any time to apply to future orders. Regardless of the Category in which they may be sold, Dell shall not be obligated to provide any discounts with respect to APEX-branded products or offerings. 525
Dell Marketing L.P. 2
Dell Customer Communication - Confidential
Product
Categories Product Category Classifications Proposed Discounts Category A
Dell Storage OEM, Fixed Workstations, Latitude, Mobile
Workstations, OptiPlex (includes Thin Client), PowerEdge Servers, Software - Server and Other, Software - Storage, Cloud Client, Customer Kits (including some non-tied Monitors), Educational Chrome, Internet of Things (IOT)

15.00%
Category A Consumer Chrome, Cloud Products only 3.00%
Category F Dell Branded Printer Accessories, Parts, and Toner 1.50% Category H BTX, Prebuilt – Ready to Ship Systems 5.00%
Category M 3
rd Party Software & Peripherals – Mainstream Products Third Party 3.00% Category R CFI/Configuration Services; Selected Services 0.50% Category S
Alienware Notebooks, Converged Infrastructure, Data Protection Appliance, Data Protection Software, Data Security Solutions, Dell Networking, Dell Storage PS, Dell Storage SC, Dell EMC, Displays, Hyper Converged Infrastructure, OEM Networking, Personal Notebooks, Projectors/Monitors/Other Electronics, Storage Entry, Storage High End, Storage Integrated Offer, Storage Mid-Range, Storage Unstructured, Tablets, Vostro Notebooks, XPS Notebooks

3.00%
Category U Spare Parts 0.00%
Category V System components with discounts that vary based upon the system in which the item is installed
Varies Per
Base SKU
Category X Third Party – Non-Discountable except where contractually required 3.00% Category Z
Alienware Desktops, Personal Desktops, Vostro Desktops, XPS Desktops, Services - i.e., System Tied and Non-Tied (POS and APOS), Deployment, VSOE, and Custom

0.50%
Category Z1 Services - i.e., System Tied and Non-Tied, POS and APOS 0.50% Category ZS Services - i.e., System Tied and Non-Tied, POS and APOS 0.50% Not
Applicable
APEX Branded Solutions (Including Flex OnDemand where
applicable) 0.00%
526
Dell Marketing L.P. 3
Dell Customer Communication - Confidential
Pricing Notes:

Dell maintains a Retail Price list online located at: http://ftpbox.us.dell.com/slg/weekly/dellpricereport.pdf.

The Price List is updated weekly, is available for download from this site in lieu of hard copy distribution and excludes promotional offers. Systems configured and discounted by your Dell’s Sales Representatives or through on-line stores and Premier Pages, are based upon then-current retail pricing and exclude promotional offers.

Where a Dell-branded product is comprised of both hardware and services, the resulting Discount Off List percentage will reflect a blend of the contract discounts associated with the hardware and tied services components of that product.

Where Dell sells third-party products on a “discount-off-list” basis and does not receive a list price from the manufacturer, Dell assigns a list price. Prices for custom services are agreed to through a separate Statement of Work and not included in the proposed prices herein. Where “discount off list”, “cost plus”, or “cost minus” calculations are used to determine pricing, Dell’s standard discount product category list, product category or classification assignment for a particular product is subject to change by Dell and could affect pricing of that product.

Pricing, if included, may be subject to change in the event of an industry wide material constraint or shortages, including but not limited to memory, or other manufacturing materials or components, or due to other factors beyond Dell Technologies’ reasonable control. Products may be discontinued or revised (including components thereto) at any time without notice. Should the initial proposed product(s) be discontinued before the replacement product(s) reach price parity with initial product(s), Dell Technologies reserves the right to re-negotiate pricing. For global proposals utilizing Dell Technologies’ currency exchange hedge rates, rates are updated quarterly and only valid for the current quarter from the proposal submission date.
527

AGENDA STAFF REPORT
City Council/Eastvale Public Financing Authority Meeting

CONSENT CALENDAR
Agenda Item No. 11.15
August 13, 2025
Adop,on of Resolu,on Authorizing the Submission of CAL FIRE Wildfire Prevention Grant Application
Prepared By:

Alexander Fung, Economic Development Manager
Recommended Action(s)
Staff recommends that the City Council adopt a Resoluon to authorize the submission of an applicaon seeking $950,000 in grant funds from the CAL FIRE Wildfire Prevenon Program for the Eastvale Hazardous fuels Reduction Project.

Summary
The State of California has allocated up to $135 million to the California Department of Forestry and Fire Protecon (CAL FIRE) in FY 2025-2026 for the purpose of funding the agency’s Wildfire Prevenon Grants Program. This program provides funding for wildfire prevenon iniaves such as hazardous fuels removal, wildfire prevenon planning, and wildfire prevenon educaon acvies.

Grant guidelines for the CAL FIRE Wildfire Prevenon Grants Program can be found in A<achment 1.

Staff is in the process of preparing to submit an applicaon seeking $950,000 from CAL FIRE to clear hazardous fuels in the Santa Ana Riverbed.

CAL FIRE recommends the governing enes of applicants to submit resoluons authorizing the submission of wildfire prevenon grant applicaons. As a result, staff recommends that the City Council adopt the proposed resolution (Attachment 2).

Background
The Santa Ana Riverbed at the border of Eastvale and Norco contains dry vegetaon that can serve as fuel for wildfires, especially during windy, hot, or dry weather condions. Reducing the fuel minimizes the risk of fast-spreading fires that can threaten nearby homes, businesses, and 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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infrastructure. The Santa Ana Riverbed area is adjacent to major roadways, ulies, and flood control systems that can be damaged in the event of a wildfire. Protecng these assets ensures uninterrupted services and prevents costly repairs. Controlled removal of excessive brush helps with maintaining a balanced ecosystem and prevents uncontrolled wildfires from destroying nave habitats and nearby infrastructures. Proper vegetaon management, especially brush removal efforts, can reduce the risk of erosion and improve the health of the riverbed environment.

Analysis
The proposed $950,000 amount will cover staff me spent on managing and coordinang grant acvies, environmental analyses around the Santa Ana Riverbed, and hazardous fuel migaon acvies. To ensure that the Santa Ana Riverbed remains as a balanced ecosystem, brush removal efforts will focus on areas closer to residenal homes and civic infrastructures. In parcular, brush removal activities will center around high fire-risk areas at the corner of Baron Drive and River Road.

Environmental
Pursuant to Secon 15378 of the California Environmental Quality Act (CEQA) Guidelines, organizaonal or administrave acvies of governments that do not result in direct or indirect physical changes in the environment are not considered as CEQA projects.

In the event that CAL FIRE approves the City’s request and that the City accepts the funds, staff will collaborate with fire officials to ensure that the brush removal efforts comply with relevant federal and state environmental procedures.

Strategic Plan Action - Priority Level: N/A | Target #: C | Goal #: J The submission of this grant applicaon can lead to possible award funds for brush fire fuel removal acvies in the Santa Ana Riverbed. This supports Goal J of Target C in the City’s Strategic Plan, which directs staff to leverage grant opportunities.

Fiscal Impact
The submission of a grant applicaon and the approval of a resoluon do not result in direct fiscal impacts. Should the applicaon be selected for an award, the City can choose to accept or reject the award offer. Should the city accept the award, staff will request budget appropriaons from City Council for the grant funds.

Prior City Council/Commission Action
Staff previously submi<ed a request to Congressman Calvert’s Office seeking funds for hazardous fuel removal acvies around the Santa Ana Riverbed. As part of that request, the City Council approved a le<er supporng the submi<al of a FY 2024-2025 Congressional Community Project Funding Request for the Eastvale Brush Fire Fuel Removal Project on February 26, 2025.

Attachment(s)
Attachment 1 â€“ CAL FIRE Wildfire Prevention Grants Program Guidelines Attachment 2 â€“ Resolution 25-XX
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California Climate Investments
and Proposition 4
Department of Forestry and Fire Protection
(CAL FIRE)
Wildfire Prevention Program
Grant Guidelines
FY 2025-2026
Solicitation Opens: June 25, 2025
Proposals Due: August 06, 2025, 3:00 PM PST
530
pg. 2
Table of Contents
I. Introduction..................................................................................................................................................4 Wildfire Prevention GrantsProgram Summary ........................................................................................4 Qualifying Project Types and Activities................................................................................................5 Hazardous Fuels Reduction...................................................................................................................6 Wildfire Prevention Planning......................................................................................................................6 Wildfire Prevention Education..............................................................................................................6 II. Eligibility, Conditions, andImportant Points...............................................................................................7 Conditions and Important points................................................................................................................. 10 Prevailing Wage Requirements............................................................................................................... 16 Greenhouse Gas (GHG)Emissions Requirements.................................................................................. 16 Prop 4 Reporting Requirements.........................................................................................................17 California Climate Investments (CCI)Reporting Requirements................................................................ 18 III. Grant Application Review and Evaluation Factors................................................................................18 Review Process ........................................................................................................................................ 18 Evaluation Factors(Ranking Criteria)...................................................................................................... 19 Application Process andProject Administration.................................................................................... 21 Stage 1 - Project Application ................................................................................................................... 21 Stage 2 - Grant Application Reviewand Selection ..................................................................................... 23 Stage 3 - Grants Awarded........................................................................................................................ 23 Stage 4 – CompletedGrant Agreements................................................................................................ 24 Project Amendments, Modifications,and Terminations........................................................................... 24 Accounting Requirements.................................................................................................................. 25 Loss of Funding.......................................................................................................................................... 25 Prop 4 Indirect Cost Rates............................................................................................................ 26 Project Costs....................................................................................................................................... 27 Payment of Grant Funds.................................................................................................................................30 531
pg. 3
State Conflict of Interest Laws................................................................................................................. 30 Advance Payments............................................................................................................................. 32 State Audit.......................................................................................................................................... 32 Explanation of Terms.............................................................................................................................................33 Appendix A – Environmental Compliance for CAL FIRE Projects ................................................................37 Appendix B – Sample Resolution...............................................................................................................40 Appendix C – Invoice .......................................................................................................................................41 Appendix D – State of California Standard Required Forms...........................................................................42 Appendix E – CalMAPPER (AwardedGrants Only) .........................................................................................42 Appendix F – Low-Income andDisadvantaged Communities.....................................................................42 Appendix G – PDFProject Map....................................................................................................................................45 Appendix H – Justification for indirect cost rate above 12%..............................................................................45 Appendix I –Application Package ...................................................................................................................46 Appendix J – Additional Resources............................................................................................................47 Appendix K – Calculating Interest onAdvance Payments..............................................................................48 532
pg. 4
I. INTRODUCTION
This grant guideline includes information about the California Department of Forestry and Fire Protection (CAL FIRE) Wildfire Prevention (WP) Grants Program. The Program is funded by Capand-Trade auction proceeds appropriated by the California Legislature to agencies that administer California Climate Investments (CCI).

Up to $135 million is being allocated to CAL FIRE’s WP Grants Program in Fiscal Year 2025- 2026 from the CCI Greenhouse Gas Reduction Fund (GGRF) and the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 (Proposition 4).

For information about CAL FIRE’s other CCI programs, please visit CAL FIRE Grants.

WILDFIRE PREVENTION GRANTS PROGRAM SUMMARY
CAL FIRE’s WP Grants Program provides funding for wildfire prevention projects and activities in and near wildfire-threatened communities that focus on increasing the protection of people, structures, and communities. Funded activities include Hazardous Fuels Reduction, Wildfire Prevention Planning, and Wildfire Prevention Education with an emphasis on improving public health and safety while reducing greenhouse gas emissions.

California’s Strategic Fire Plan serves as a roadmap for project development. Projects are evaluated based on the overall benefit to reduce the threat of wildfires to people, structures, and communities. CAL FIRE will consider the wildfire hazards and risks to an area, the geographic balance of projects, and whether the project is complementary to other wildfire prevention or forest health activities when awarding grants. Projects benefiting disadvantaged communities or low-income communities, as defined by Health and Safety Code section 39713, projects that demonstrate a carbon benefit by reducing greenhouse gas emissions, and projects that contain matching funds will receive additional priority. Projects are selected on a competitive basis, and consecutive awards are not guaranteed. Disadvantaged and low-income communities can be determined using the process in Appendix F. Projects that demonstrate that they are providing maintenance of existing fuels reduction projects paid for by CAL FIRE or any other funding sources (i.e., other state funds, federal funds, or private funds) will also receive priority. Projects conducted by any local governmental entity qualified to perform defensible space assessments pursuant to Section 4291.5 in very high and high fire hazard severity zones, as identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of this chapter or by a local agency pursuant to Section 51179 of the Government Code, will receive priority if they utilize the common reporting platform created pursuant to subdivision (c) of Section 4291.5 to report that information.

CAL FIRE will provide technical expertise and management oversight of grants but may not be the primary agency or applicant for a project. CAL FIRE reserves the right to fund projects in 533
pg. 5
total or in part, whichever best serves the objectives of the Wildfire Prevention Grants Program. Project applicants that are selected to receive partial funding will be provided with additional information on their revised funding amount, project performance period, and any other changes to their application, as needed.

PROPOSITION 4 BACKGROUND
In November of 2024, California voters approved Proposition 4, a law proposed by Senate Bill 867, to fund water, climate, wildfire, and natural resource projects across the state of California. Proposition 4, among other things, will allocate $1.5 billion for wildfire prevention, including reducing community wildfire risk and restoring the health and resilience of forests and landscapes. (Pub. Resources Code, section 91500, et seq.) Of this amount, $185 million was made available to CAL FIRE Wildfire Prevention Grants as follows: “for projects that prevent wildfires, increase resilience, maintain existing wildfire risk reduction projects, reduce the risk of wildfires to communities, or increase home or community hardening.” (Pub. Resources Code, section 91520, subd. (h).) Projects shall benefit disadvantaged communities, severely disadvantaged communities, or vulnerable populations. To the extent feasible, a project whose application includes the use of services of the California Conservation Corps or certified community conservation corps, as defined in Section 14507.5, shall be given preference for receipt of a grant under this division (Pub. Resources Code, section 91500, et seq.). In addition, projects that leverage private, federal, and local funding or produce the greatest public benefit will also receive priority (Pub. Resources Code, section 90050, et seq.). Proposition 4 requires that at least 40 percent of the total funds available shall be allocated for projects that provide meaningful and direct benefits to vulnerable populations or disadvantaged communities. Of this 40 percent, at least 10 percent of the total funds available shall be allocated for projects that provide meaningful and direct benefits to severely disadvantaged communities.

GOVERNOR’ S EXECUTIVE ORDER N-25-25
In addition, on March 1, 2025, Governor Newsom signed Executive Order N-25-25 to ensure that wildfire-safety projects funded under Assembly Bill 100 benefit from streamlining under the Statewide Fuels Reduction Environmental Protection Plan (EPP) created in response to the Emergency Proclamation issued on March 1, 2025. The Governor’s Forest Management Task Force identified these priorities in California’s Wildfire and Forest Resilience Action Plan.

QUALIFYING PROJECT TYPES AND ACTIVITIES FOR PROPOSITION 4 The WP Grants Program can only fund Hazardous Fuels Reduction projects for Proposition 4.

Please see the Hazardous Fuels Reduction project and activities below for examples. 534
pg. 6

QUALIFYING PROJECT TYPES AND ACTIVITIES FOR CCI
The WP Grants Program funds three types of activities: Hazardous Fuels Reduction, Wildfire Prevention Planning, and Wildfire Prevention Education. Below are some examples of qualifying projects and activities:

HAZARDOUS FUELS REDUCTION
• Vegetation clearance in critical locationsto reduce wildfire intensity and rate of spread.
• Creation or maintenance of fuel breaks in strategic locations, as identified in CAL FIRE Unit Fire Plans, a Community Wildfire Protection Plan, or similar strategic planning document.
• Maintenance of existing fuels reduction projects paid for by CAL FIRE or any other funding sources (i.e., other state funds, federal funds, or private funds). • Removal of ladder fuels to reduce the risk of crown fires. • Creation of community-level wildfire prevention programs,such as community chipping days, roadside chipping, and green waste bin programs. • Selective tree removal (thinning) to improveforest health to withstand wildfire. • Modification of vegetation adjacent to roadsto improve public safety for egress of evacuating residents and ingress of responding emergency personnel. • Reduction of fuel loading around critical infrastructure to maintain continuity of government and other critical services.
• Projects to improve compliance with defensible space requirements as required by Public Resources Code Section 4291 (Projects eligible for CCI funds are low-income, disabled, or elderly households per CA requirements).
• Seasonal and temporary prescribed grazing using temporary infrastructure consistent with increasing the protection of people, structures, and communities.

WILDFIRE PREVENTION PLANNING
• Wildfire risk or related mapping
• Creation or update of strategic wildfire planning documents, suchas:
o Evacuation plans
o Community Wildfire Protection Plans(CWPP)
o Local Hazard Mitigation Plans
o Safety Elements
o Wildfire Prevention or Mitigation Plans

WILDFIRE PREVENTION EDUCATION
• Development and implementation of public education and outreachprograms. 535
pg. 7
• Workshops, meetings, materials creation, and other educational activities with the purpose of increasing knowledge and awareness of information that could be used to reduce the total number of wildfires, acres burned, and structureslost. • To educate the public on making homes and communities more wildfire resilient, including defensible space training.

Activities are subject to CAL FIRE approval.

II. ELIGIBILITY, CONDITIONS, AND IMPORTANT POINTS
ELIGIBILITY FOR PROPOSITION 4
• State Agencies
• Native American Tribes
• Joint Powers Authorities (JPAs) if the entities involved areeligible applicants. • Special districts
o Fire protection districts.
o Community services districts
o Water districts
o Resource conservation districts
• Local agencies, including:
o City, county, or city and county
• Fire Safe Councils with a 501(c)(3) designation.
• Other qualified non-profit organizations with a 501(c)(3)designation

ELIGIBILITY FOR CCI FUNDS
• State Agencies
• Federal Agencies
• Native American Tribes
• Joint Powers Authorities (JPAs) if the entities involved areeligible applicants. • Special districts
o Fire protection districts.
o Community services districts
o Water districts
o Resource conservation districts
• Local agencies, including:
o City, county, or city and county
• Certified local conservation corps
536
pg. 8
• Fire Safe Councils with a 501(c)(3) designation.
• Other qualified non-profit organizations with a 501(c)(3)designation In situations where a local government has contracted with CAL FIRE for fire protection services, CAL FIRE is considered a local government for purposes of this grant program.

If an applicant has applied for a 501(c)(3) status at the time of application, that is sufficient.

Applicants will have to provide the official 501(c)(3) status prior to execution of the grant agreement.

Applicants may not be one of the following:
• A privately held for-profit company or corporation.
• Individual or private landowners.
• Homeowners’ associations or other associations unlessthey have 501(c)(3) non- profit status.

ELIGIBLE COSTS INCLUDE, BUT ARE NOT LIMITED TO:
• Removal of dead, dying, diseased, or otherwise hazardous trees posing an imminent threat to public rights-of-way and public infrastructure, which may include trees on private property.
• Contracted tree removal, transportation, holding site fees, anddisposal. • Costs that are necessary and prudent to the accomplishment of the project,e.g., o Project equipment not to exceed a cumulative total of $750,000. o Project supplies (supplies include items under $5,000 per unit cost).

Chainsaws are an example of a supply item and are not considered equipment.
o Fuel and Maintenance
o CEQA/NEPA Costs
• All equipment purchases must be pre-approved. All pre-approved equipment purchases are owned by the grantee. Equipment cannot be purchased by subcontractors andbilled to the grantee for reimbursement.

INELIGIBLE COSTS INCLUDE, BUT ARE NOT LIMITED TO:
• Removal of non-hazardous trees that do not pose an imminent threat topublic health and safety.
• Costs associated with the improvement of landscaping, includingplanting. • Costs that are not directly associated with the project. • Costs already funded or budgeted through another source (i.e.,supplanting) • Income, fees, revenues, or wages lost or voluntarily waived by a local agency. • Activities or costs associated with permanentinfrastructure. • Costs incurred before or after the project performanceperiod. • Cost of preparing a grant and application.
• Late fees, penalties, and bank fees.
537
pg. 9
• Gifts or gift cards. If uncertain, contact your Region.

NON-QUALIFYING PROJECT TYPES AND ACTIVITIES INCLUDE, BUT ARE NOT LIMITED TO:
• Purchase of capital equipment with a cumulative total of more than$750,000 • Purchase of capital equipment without demonstrating how the equipment will be utilized.

All equipment purchases must be pre-approved. All pre-approved equipment purchases are owned by the grantee. Equipment cannot be purchased by subcontractors and billed to the grantee for reimbursement.
• Installation, creation, upgrade, or maintenance of fire protection features,such as roads, bridges, structures, water storage facilities, or other permanent infrastructure. • Projects or activities utilizing CAL FIRE staff without corresponding reimbursements or requests seeking funding for services already provided by CAL FIRE.

LIMITEDWAIVERSOF SOVEREIGN IMMUNITY FORNATIVE AMERICAN TRIBES Federally recognized tribes are sovereign nations with special legal status. These projects may require limited waivers of sovereign immunity when the primary grantee (who signs the grant agreement contract) is a federally recognized tribe. This will be determined on a case-by-case basis and dependent on the type and scope of the project. The grant agreement will identify these important terms and conditions, including the potential limited waiver of sovereign immunity, to ensure the grant agreement may be enforced in case of default.

CAL FIRE will avoid seeking a limited waiver of sovereign immunity when possible and will strive to notify applicants early in the grant application review process if it is anticipated a limited waiver of sovereign immunity will be necessary. CAL FIRE is committed to working collaboratively with California Native American tribes on tailoring limited waiver of sovereign immunity terms to support tribal priorities while also meeting the state’s legal obligations.

CAL FIRE will conduct a risk analysis of all projects that may involve limited waivers of sovereign immunity. In general, limited waivers of sovereign immunity will be required for projects with:
• Advance funds
• High-risk implementation projects, which may include fuels reduction, prescribed burning, cultural burning, ceremonial or other use of fire
• Organizations without demonstrated reliability in sound financial management For questions regarding sovereign immunity, please reach out to program by emailing [email protected], who may refer you to discuss specifics with the appropriate person at CAL FIRE Legal.
538
pg. 10

CONDITIONS AND IMPORTANT POINTS

1. The recommended funding amount is $950,000 orless.

2. Grants can be made only to “eligible” applicants.

3. Projects must provide benefits to habitable structures and people in and near wildfire threatened communities.

4. Projects utilizing partners must provide a letter of commitment from the partner entity as proof that they have contacted the entity, the entity has the required resources (if needed) to commit toward the project, and the entity supports theproject.

5. Qualifying projects and activities are limited to those where the proposed project or activity addresses the hazards and risks to wildfire threatened communities that focus on increasing the protection of people, structures, and communities.

6. Applicants must consider greenhouse gas emissions of project activities and plan to reduce emissions as much as possible during project activities.

7. Grantees must have and demonstrate to CAL FIRE the ability to plan, administer, and complete the grant project.

8. For some projects, the grantee may be required to prepare a California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) document. Projects requiring CEQA/NEPA review are required to provide documented compliance within 12 months from the grant execution. CEQA/NEPA compliance must begin immediately after grant execution. Documented CEQA/NEPA compliance is required prior to commencing any ground disturbing activity.

9. A Registered Professional Forester (RPF) must design and oversee any fuel “forestry” projects, as defined in Public Resources Code (PRC) § 753, proposed on a “forested landscape,” as defined in PRC § 754. The RPF must conduct at least one site visit during active project operations to ensure vegetation removal is being conducted according to the prescription. An RPF is not required to provide the general project information required in the Scope of Work during the grant application phase, but the applicant must explain how CEQA or NEPA compliance will be met and describe RPF involvement in the Project Scope of Work and include this cost in the budget, if applicable. a) PRC §753 - “Forestry,” as used in this article, refers to the science and practice of managing forested landscapes and the treatment of the forest cover in general, and includes, among other things, the application of scientific knowledge and forestry principles in the fields of fuels management and forest protection, timber growing and utilization, forest inventories, forest economics, forest valuation and 539
pg. 11
finance, and the evaluation and mitigation of impacts from forestry activities on watershed and scenic values, to achieve the purposes of this article. The practice of forestry applies only to those activities undertaken on forested landscapes.

The professions specified in Section 772 are not practicing forestry when mitigating or recommending mitigation of impacts from previous forestry activities on related watershed or ecological values within their area of professional expertise or when recommending those mitigations for proposed timber operations. However, public, and private foresters are required to be licensed pursuant to this article when making evaluations and determinations of the appropriate overall combination of mitigations of impacts from forestry activities necessary to protect all forest resources.
b) PRC §754 - “Forested landscapes” means those trees dominated landscapes and their associated vegetation types on which there is growing a significant stand of tree species, or which are naturally capable of growing a significant stand of native trees in perpetuity, and is not otherwise devoted to non-forestry commercial, urban, or farming uses.

10. Projects outside of a “forested landscape” should consider the use of a professional ecologist, biologist, certified rangeland manager, arborist, RPF, or other professional with knowledge of local ecosystem processes to develop an appropriate fuel hazard reduction removal project.

11. CAL FIRE has the discretion to specify an earlier project completion date at the time of award based on the funds associated with the grant award. CAL FIRE will work with the grantees to ensure projects will still be achievable within the earliertimeframe.

12. Fuel reduction vegetation treatment prescriptions shall focus on increasing safety for the public and first responders, as well as reducing fire hazards to improve the protection of lives, structures, and communities. Treatments shall eliminate the vertical and horizontal continuity of vegetative fuels for the purpose of reducing the rate of fire spread, duration and intensity of fire, fuel ignitability, and the ignition of tree crowns or structures.

13. Required project deliverables to be included in the Project Scope ofWork:
a) Pre- and post-treatment description of: (1) site conditions and project results relative to hazardous tree or vegetative conditions; (2) wildfire hazard reduction goal accomplishments, or (3) another measurable metric for evaluation of the project. This includes, but is not limited to, number of acres treated, number of parcels treated for fuel reduction for defensible space compliance, number of prevention plans created, and number of people reached in a public education project. CAL FIRE reserves the right to retain copies of these descriptions and publicly disseminate the information for its own purposes. b) GIS data files supporting the project map to allow CAL FIRE to accurately document the spatial extent of the project for the duration of the grant. 540
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• For projects and activities involving on-the-groundwork, CAL FIRE requires shapefiles to be submitted with the signed agreement and on a quarterly basis throughout the duration of the grant. (See Progress report quarterly calendar, pg. XX).
c) Documented CEQA or NEPA compliance within 12 months of grant execution, unless a longer period of time is approved by CAL FIRE. This includes the approval of a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report, or the filing of a Notice of Exemption. If compliance is not achieved or if reasonable articulation of non-compliance is not made, the grant could be subject to termination. Documented CEQA/NEPA compliance must be completed before commencing any ground disturbing activity.

14. Financial reports are required for reimbursement. Please see Appendix C for guidelines for the invoice that must be submitted with the financial report. The invoice template is found on the CAL FIRE website.

15. A Quarterly Progress Report form must be submitted under the Pending tasks “Activities report request” in the Grants Portal utilizing the required CAL FIRE Wildfire Prevention Grants Template. Grantee shall provide data reporting to CAL FIRE, including but not limited to, number of acres treated, number of parcels treated for fuel reduction for defensible space compliance, number of prevention plans created, and number of people reached in a public education project. CAL FIRE will provide grantees with the specific metrics and the reporting process. The quarterly progress report is due within 30 days of the end of every calendar quarter, even if no fiscal activity has occurred:

Quarter Progress Report Covering Due Date
1st Quarter January 1 – March 31 April 30
2nd Quarter April 1 – June 30 July 31
3rd Quarter July 1 – September 30 October 31
4th Quarter October 1 – December 31 January 31

16. For all Proposition 4 funded grant projects, grantees will provide CAL FIRE with updated cash flow projections. Cash flow projections will be utilized aggregately for monthly projections and semi-annually for individual projects.

17. Final financial reports for grant-related work must be submitted to CAL FIRE no later than 30 days after the project completion date.
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18. A Wildfire Prevention Grants Program Final report (found on the CAL FIRE website) must be submitted simultaneously with the final financialreport. a) Pre-implementation and post-implementation pictures must be submitted with the Final Report, along with updated GIS data files.

19. Projects must demonstrate all efforts to reduce greenhouse gas emissions. Projects that demonstrate significant greenhouse gas emissionsreductions will be favored.

20. All Wildfire Prevention Grants projects must clearly display, identify, and label themselves as being funded by CAL FIRE. Acknowledgments must contain the CAL FIRE logo as well as the following statement: Funding for this project provided by CAL FIRE’s Wildfire Prevention Grants Program. Grantees must include the California Climate Investments (CCI) funding boilerplate and logo, available in the CCI Media & Communications Style Guide, or the Proposition 4 logo and boilerplate language (Link for the Prop 4 Climate Bond can be found here), along with the CAL FIRE logo on all outreach and public-facing materials including but not limited to press releases, media advisories, printed collateral, event invitations, signs, and project/programwebsites.

21. Each application should focus on one or more of the following major activities:
a) Hazardous Fuels Reduction
b) Wildfire Prevention Planning
c) Wildfire Prevention Education
Entities with more than one application should consider consolidating into just one application, especially if proposed project(s) are similar or share geographic locations.

For additional assistance work with your local CAL FIRE Unit coordinator or your region representatives.

22. Applications must be submitted in the CAL FIRE Grants Portal by August 06, 2025, at 3:00 PM Pacific Time. It is highly recommended you submit your application beforethe deadline as CAL FIRE will not accept any late applications due to technical issues.

23. No reimbursable work on proposed Wildfire Prevention Grants projects may commence until there is a fully executed agreement between CAL FIRE and the grantee. An agreement is considered fully executed upon signature and approval by the State Fire Marshal or designee.

24. All project and activity work related to grants must be completed by final expiration date located in the executed Grant Agreement.

25. No ground disturbing work may commence until the requirements of CEQA or NEPA have been satisfied. For more details see Appendix A: Environmental Compliance for CAL FIRE Projects (CEQA).
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26. Agreements must be executed by the date specified in theAgreement.

27. Reimbursement payments are expected to be issued 45 calendar days from the time of an undisputed financial report. Payments are sent via U.S. Mail; electronic payment is not available. The financial report approval process is as follows:
a) Financial report submitted to the Region for review and approval using Grants Portal.
b) Unit reviews the financial report and performs a project site inspection, if applicable, to verify that invoiced work has been satisfactorily completed according to the deliverable items described in the grant documentation. c) Grants Management Unit reviews and submits the financial report to the Business Service Office for payment.

28. When a Contract County is the grantee, the Contract County must contact the CAL FIRE Administrative Unit to conduct an inspection of the modification efforts prior to submitting a Financial Report in Grants Portal for completed work. The CAL FIRE Administrative Unit or designee will conduct an inspection to verify that work to be invoiced has been satisfactorily completed according to the deliverable items described in the grant documentation.

29. A resolution or attesting document may be requested for Wildfire Prevention Grants.

The attestee cannot be the same individual designated to sign the agreement. Please refer to the sample resolution (Appendix B). A board resolution template is available on the CAL FIRE WP Grants website.

Note: Where the line indicates ‘whereas the Board designates (designee’s title)’, it is recommended the applicant list the title rather than an individual’s name. In the event the individual retires or leaves the organization, a new resolution designating a replacement will be required if a name is listed rather than the working title. The resolution should name the designee for entering into agreements on behalf of the board and the authorized signatory for financial reports.

30. Wildfire Prevention Grants are neither designed nor intended to create or substantially support ongoing administrative positions.

31. The inclusion of indirect costs is acceptable for Wildfire Prevention Grants funded by CCI projects up to 12% of the total amount of direct grant funds provided to the grantee, minus equipment. Applicants may request from CAL FIRE a higher indirect cost rate by providing additional justification as to why a higher indirect rate is needed as well as including appropriate documentation substantiating the basis of the higher indirect rate (e.g. a copy of a federally approved Negotiated Indirect Cost Rate Agreement, etc.). In no instances may the request exceed 20%. This shall apply to all entities, including University of California (UC) and California State University (CSU) entities. Grantee must retain documentation related to the determination ofthe 543
pg. 15
grantee’s indirect cost rate for audit purposes. Approval of the higher indirect rate is solely at CAL FIRE’s discretion. Please refer to Appendix H.

32. The inclusion of indirect costs is acceptable for Wildfire Prevention Grants funded by Proposition 4 projects. The grantee may request one of the following indirect costrates:
a) The grantee’s federal negotiated indirect cost rate, pursuant to its Negotiated Indirect Cost Rate Agreement (NICRA).
b) The 15 percent de minimis indirect cost rate specified in Part 200 of Title 2 of the Code of Federal Regulations.
c) A rate negotiated by the grantee with another state agency within the lastfive years.
d) A rate proposed by the grantee in the grantee’s program application with the administering state agency if the grantee does not have an existing state rate. e) Grantee can request an indirect cost rate of 12% to 20%. f) up to 12% of the total amount of direct grant funds provided to the grantee, minus equipment. Applicants may request from CAL FIRE a higher indirect cost rate by providing additional justification as to why a higher indirect rate is needed as well as including appropriate documentation substantiating the basis of the higher indirect rate (e.g. a copy of a federally approved Negotiated Indirect Cost Rate Agreement, etc.). In no instances may the request exceed 20%. This shall apply to all entities, including University of California (UC) and California State University (CSU) entities. Grantee must retain documentation related to the determination of the grantee’s indirect cost rate for audit purposes. Approval of the higher indirect rate is solely at CAL FIRE’s discretion.

Please refer to Appendix H

33. All educational materials and planning documents created and used for a Wildfire Prevention Grant project must be submitted to CAL FIRE. CAL FIRE may retain copies of these materials and utilize them for CAL FIRE’s own purposes. Similarly, any Wildfire Prevention Grant project photos, videos, testimonials, or other similar information submitted to CAL FIRE throughout the performance of the project may be retained by CAL FIRE and utilized for CAL FIRE’s own purposes.

34. Records in CAL FIRE’s possession, including but not limited to applicationpackages, Agreements, and grant project financial records, may be subject to public inspection or disclosure pursuant to the California Public Records Act.

35. Grantees should note that CAL FIRE will only serve in a lead agency capacity for activities related to its discretionary approval (i.e., grant-funded activities). In the circumstance where another public agency subsequently seeks to use a CAL FIREled Project Specific Analysis under the California Vegetation Treatment Program for CEQA compliance and there is no related discretionary approval required of CAL 544
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FIRE, CAL FIRE would have no involvement, oversight, or other obligation in the approval, implementation, or documentation of that agency’s actions.

PREVAILING WAGE REQUIREMENTS
CAL FIRE provides no opinion as to whether projects may be subject to prevailing wages. For determination for prevailing wages, please contact the Department of Industrial Relations (DIR) at DIR Prevailing Wage. It is the applicant’s responsibility to budget for prevailing wages in their project cost when applicable.

Please Note: Beginning July 1, 2026, certain fuel reduction work, including but not limited to residential chipping, rural road fuel breaks, and fire breaks funded by the State will be subject to prevailing wage, record keeping, and registration requirements. (California Public Resources Code section 80200 et seq.). While the requirements do not apply to any contract, subcontract, or grant agreement that is fully executed before July 1, 2026, the requirements will apply if a contract, subcontract, or grant agreement is renewed and/or amended after July 1, 2026.

GREENHOUSE GAS (GHG) EMISSIONS REQUIREMENTS
California Climate Investments (CCI) administered by CAL FIRE through the Forest Health, Wildfire Prevention, and Urban and Community Forestry Programs contribute to California’s climate goals by reducing GHG emissions from wildfires, stabilizing long- term storage of carbon in biomass, and improving carbon sequestration in California’s natural and working forests.

In terms of direct emissions benefits, the objectives of the WP Grants Program are to:
• Reduce GHG emissionsfrom wildfire and prevent the need for cleanup and rebuilding of communities following destructive wildfire events • Provide fire personnel with more opportunities to access the fire perimeter to extinguish fires more quickly, thereby reducing GHG emissions • Encourage projectsthat result in smaller scale fires to reduce GHG emissions and reduce the carbon impact
• Improve health and resilience of treated areasfor increased carbon sequestration
• Improve public awareness and reduce human caused wildfireignitions • Promote orderly growth and development through land use planning which helps to reduce GHG emissions
Eliminating wildfire starts, mitigating wildfires before they progress into wildland areas and communities, and facilitating firefighting efforts and safety all contribute to reduced wildfire emissions over time. The WP Grants Program also includes support for planning, such as 545
pg. 17
development of Community Wildfire Protection Plans, and education programs that promote fire- safe communities to capture the benefits and synergy of collective, community-wide efforts.

However, fuel reduction activities also release GHG emissions at the time of treatment, and CAL FIRE must balance emissions costs and benefits of the Wildfire Prevention and Forest Health Programs to comply with the law. Minimizing emissions of fuel treatment activities, using disposal methods other than open burning, and optimizing vegetation health options in the development of treatment prescriptions are important steps in project development to achieve balanced emissions costs and benefits.

Grantees must submit information about project size, vegetation type, location, and treatment area so that CAL FIRE staff may complete emissions calculations for the project. Calculations will be completed using an existing methodology produced by CAL FIRE and the California Air Resources Board for the Wildfire Prevention Grants Program. Emissions effects of activities that do not fit the existing methodology will be described in detail. The grant application review process will include consideration of project activities with emissions benefits.

PROPOSITION 4 REPORTING REQUIREMENTS
Wildfire Prevention Grants are funded by Proposition 4 from the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024. The funds are appropriated by the California Legislature to CAL FIRE, who is responsible for administering the funds.

Accountability and transparency are essential elements for Proposition 4. Full public disclosure is required to provide information on how administering agencies are investing appropriations and what benefits are being achieved from those investments. CAL FIRE is responsible for collecting project information and reporting.

For each grant project, grantees must submit reporting data to CAL FIRE on a quarterly basis. 546
pg. 18
III. GRANT APPLICATION REVIEW AND EVALUATION FACTORS

CALIFORNIA CLIMATE INVESTMENTS (CCI) REPORTING REQUIREMENTS Wildfire Prevention Grants are funded in whole or part by Cap-and-Trade auction proceeds appropriated by the California Legislature to CAL FIRE, who is responsible for administering funds allocated from the CCI Program.

Accountability and transparency are essential elements for CCI. Full public disclosure is required to provide information on how administering agencies are investing appropriations from the GGRF and what benefits are being achieved from those investments. CAL FIRE is responsible for collecting project information and reporting.

For each grant project with a total project cost of greater than $1,000,000.00, grantees must submit jobs reporting data to CAL FIRE on a semi-annual basis in June and December. The reporting cycles cover information for the following periods: December 1 – May 31, June 1 – November 30. All grant projects meeting that criteria will be notified of the reporting dates and the data requirements.

REVIEW PROCESS
Applications will be reviewed by CAL FIRE. The application review involves three levels:
• Local – CAL FIRE Units and Contract Counties
• Regional – CAL FIRE Northern and Southern RegionalOffices • Statewide – Statewide review team. The statewide review team will prepare a list of recommended projects and activities for consideration by the Director of CAL FIRE. The Director will make decisions on approved projects and activities taking into consideration the recommendations of the statewide review team.

Emphasis at each level will be placed on projects and activities that address hazards that reduce potential risk from wildfire in and near communities. The department shall consider the fire risk of an area, the geographic balance of projects, and whether the project is complementary to other wildfire prevention or forest health activities when awarding local assistance grants. Additionally, to the extent possible, a project or activity will not be selected if it conflicts or competes with another proposed or approvedproject. 547
pg. 19

EVALUATION FACTORS (RANKING CRITERIA)
In evaluating applications, CAL FIRE is seeking information that allows it to consider the following factors:

1. The grant application clearly identifies the focus of the grant as Hazardous Fuels Reduction, Wildfire Prevention Planning, or Wildfire Prevention Education.

2. The project addresses hazards and risks fromwildfire. a. The project includes Fire Hazard Severity Zone rankings and indicates areas and their relative proportion of Very High, High, and Moderate Fire Hazard Severity Zones as adopted by the State Fire Marshal and identified in the CAL FIRE map located at Fire Hazard Severity Zones.
b. The proposed project is in or near a wildfire threatened community and adequately describes how it will address the hazards and risks fromwildfire. c. The project protects other assets of wildfire threatened communities to maintain continuity of government operations and critical services. This includes, but is not limited to, fire, police, power, water, sewer, roads, or other critical facilities. If the project involves community infrastructure, it must explain how it will address the hazards and risks from wildfire to these assets.

3. The project is related to or part of one or more strategic plans or tree removal plan:
a. The project is included in or consistent with one or more of the following plans:
i. CAL FIRE Unit Fire Plan, Contract County Fire Plan, Local Fire Plan, a CWPP, Community Evacuation Plan, tree removal plan, Fire Safe Council Action Plan, Firewise USA Community Wildfire Risk Assessment, Local Hazard Mitigation Plan, Safety Element plan, or other local plan (identified in Scope of Work) that addresses the hazards and risks from wildfire. b. The project proposes to create, or update, a long-term fire hazard reduction planning document affecting or involving wildfire threatened communities, such as, but not limited to, a CWPP or Community Evacuation Plan. Astrategic planning document would include a Safety Element of a General Plan and a Local Hazard Mitigation Plan with elements for increasing safety for the public and first responders.
c. The project removes hazardoustrees in collaboration with other entities, other funding sources, or as part of a larger tree mortality project. d. The project considers other projects, pending or past, in the Unit/Contract County.
e. The project strategically advancesthe protection and preparedness of wildfire threatened communities across a region or the state, while increasing safety for the public and first responders.

4. The applicant has taken steps to reduce GHG emissions as much as possible, such as chipping or mulching removed vegetation, or disposing of material throughbiomass 548
pg. 20
markets. The applicant is willing and able to provide project data as requested to calculate project emissions.

5. Community support/ meaningful and direct benefits exists. a. The project includes plans for external communications, such as planned press releases, project signage, community meetings or field tours that all, or in part, reach owners and residents in the project area.
b. Letters of Support have been obtained.
c. Letters of Commitment from partnering entities are submitted with the application. Letters of commitment are required if grantee is utilizing the California or Certified Community Conservation Corps.
d. Please note that although matching funds are not required, the existence of matching funds is a positive factor for CCI funds.
e. The degree to which a project provides in-kind services and/or secured federal, state, private, or local cost share funding. Have non-monetary and/or funding resources of agencies and organizations that have been identified and secured.

6. There is an implementation plan in place.
a. The project includes a detailed timeline that addresses potential limitations and includes specific tasks and milestones to measure progress during implementation of the project.
b. The project includes an accurate set of deliverables that are measurable and attainable.
c. The project is fully defined with metrics to measure progress and completion.

This includes, but is not limited to, number of acres treated, number of parcels treated for fuel reduction for defensible space compliance, number of prevention plans created, or number of people reached in a public education project.

7. The project budget and narrative are clear and reasonable. a. The proposed budget shows how grant funds will be spent bycategory. b. Indirect costs are reasonable for the project proposed and should generally not exceed 12% of the total direct grant request, minus equipment costs, unless a higher indirect rate is approved by CAL FIRE for CCI funds. c. Costs and indirect costs are reasonable for the size, scope, and anticipated benefit of the proposed project.
d. For hazardousfuel reduction projects, the actual number of acres being treated is clearly defined.

8. There is demonstrated capacity to administer thegrant. a. The applicant shows an acceptable amount of experience in administering grants. This is largely based on successfully administering other grant- funded projects/activities over the past five years. Project proponents having no previous experience with similar projects should discuss any past experiences that may help show capacity to successfully complete the proposed project. This may include partnering with a more experienced organization that can provide project support.
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b. Discuss successes and administration of previously awarded CAL FIRE grantsor grants administered by the applicant for other granting entities.

9. Fire Risk Reduction Community List per Public Resources Code4290.1 a. Public Resources Code 4124.7 requires CAL FIRE to “prioritize local assistance grant funding applications” from local agencies based on the “Fire Risk Reduction Community List.”
b. The prioritization required in subdivision (a) of Public Resources Code 4124.7 shall not affect applications from entities that are not localagencies. c. Wildfire Prevention Grant applicants will receive priority for utilizing the funding to meet the List eligibility requirements.
d. Wildfire Prevention Grant applicants will also receive priority if the applicant is already on the List.
e. Projects are selected on a competitive basis and consecutive awards are not guaranteed.
f. Applicants not eligible for the List are not precluded from receiving grant funds.

For more information about the Fire Risk Reduction Community List, please visit the Board of Forestry website

APPLICATION PROCESS AND PROJECT ADMINISTRATION
Applicants should work with the local CAL FIRE Unit for guidance in developing project plans for your application. Find your local CAL FIRE Unit contact as listed by county. Building a relationship with the local CAL FIRE Unit enhances the potential for a successful application and grant award.

Applications not received by the deadline, not submitted in the CAL FIRE Grants Portal, or that do not adhere to the procedures in this guide, will not be accepted or considered.

STAGE 1 - PROJECT APPLICATION
Due August 06, 2025, at 3:00 PM Pacific Time

ELECTRONIC APPLICATION SUBMISSION IN THE CAL FIRE GRANTS PORTAL SOLICITATION LINK ON THE WP GRANTS WEBSITE AND IN THE WP GRANTS MAPPING CENTER PROJECT MAPPING PROGRAM:

The Grants Portal WP Grants solicitation link and a Grants Portal user guide can be found on the Wildfire Prevention Grants website.
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Entities with more than one application should consider consolidating into just one application, especially if proposed project(s) are similar or share geographic locations. For additional assistance, work with your local CAL FIRE Unit coordinator or your region representatives.

Upload all documents related to your application to the Grants Portal no later than 3:00 PM Pacific Time on August 06, 2025. Instructions on how to apply through the Grants Portal can be found in the Grants Portal Application Submittal User Guide.

The Grants Portal will issue a Project Tracking Number for each application.

Please use this file naming structure (Project Tracking Number plus document name) for attachments (if you have multiples of one file, please make it into a zip file) uploaded in the Grants Portal. Below is an example (the Grants Portal will assign the actual Project Tracking number that you will use):
• 25-WP-UUU-XXXXXXXX-STD 204.pdf
• 25-WP-UUU- XXXXXXXX-Letter of Support.pdf
• 25-WP-UUU- XXXXXXXX-Letter of Commitment.pdf

PROJECT MAPPING PROGRAM
In addition to the CAL FIRE Grants Portal application package, each applicant must submit online mapping in our WP Grants Mapping Center Project Mapping Program database. Submit your application in the Grants Portal first to obtain the auto-generated Project Tracking Number, which you will need for the mapping program. The online mapping submission consists of submitting a Geopoint for all project types. For Hazardous Fuels Reduction projects, you also will need to submit treatment area polygon(s). The instructions on how to draw and submit a Geopoint and Polygon in the Project Mapping Program can also be found at CAL FIRE WP Grants.

There is a video and a quick reference guide with screenshots of the online mapping program. •Applications for Hazardous Fuel Reduction that do not include Treatment Area Polygon(s) in the Project Mapping Program will not be accepted. •Applications for Wildfire Prevention Planning and Wildfire Prevention Education projects will submit a Geopoint only.

Complete all documents accurately to avoid delays due to corrections and revisions prior to final approval. If revisions are necessary during Stage 2, then the revised documents will be used in the final grant agreement between the State and the grantee. • Late submissions will be rejected. No exceptions. Late is defined as: after 3:00 PM Pacific Time on the due date according to the date stamp on the CAL FIRE Grants Portal. To avoid possible issues with the Grants Portal (such as internet connectivity and internet speed), applicants are highly encouraged to apply as early aspossible. 551
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• Please retain a copy of all documents uploaded to the CAL FIRE Grants Portal for your own records.

DISQUALIFICATION OF APPLICATION
CAL FIRE may consider an application inadequate and, therefore, disqualified from the selection process for several reasons. These may include, but are not limited to, the following:
• Application is not complete.
• Application contains significant inconsistencies with spatial data or project acresproposed for treatment.
• The application is not submitted by an eligible applicant in the Grants Portal. • The project does not meet any of the other eligibility criteria outlined in the Grant Guidelines.

STAGE 2 - GRANT APPLICATION REVIEW AND SELECTION
Sacramento staff will review the project application packages for completeness and determine if the project meets the objectives of the program. Applications found to meet the initial criteria will continue in the multi-level review and selection process.

Incomplete applications will be disqualified.

Notification of grants selected for funding will be sent to the applicant. The grant agreement package for successful grant applicants will be emailed after selection and will include any required grant agreement forms and instructions to proceed to Stage 3. The grant agreement template can be found online, but may be subject to change prior to the execution of a final agreement.
2024 Standard Grant Terms and Conditions
STAGE 3 - GRANTS AWARDED
Awarded grant applicants shall review and return original signed agreements, and any additional information required, following the instructions provided in the correspondence.

Grant agreement packages not completed or received by the agreement deadline may not be eligible for funding.
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PROJECT AMENDMENTS, MODIFICATIONS, AND TERMINATIONS
STAGE 4 – COMPLETED GRANT AGREEMENTS
Once the grant agreement is received and signed by the State Fire Marshal or designee, the approval process is complete. All agreements must be signed and submitted per deadlines established by CAL FIRE.

A CAL FIRE designee will be named as the designated contact. The CAL FIRE designee will work with the Region Program Manager on any grant project issues.

The CAL FIRE designee will conduct periodic and final inspections to ensure compliance with the project plan and environmental rules and regulations. All project messaging and documents must be approved by CAL FIRE.

CAL FIRE may perform an audit at any time during or upon completion of the project as described in this guide under “State Audit.”
Grant Termination Date: All project and activity work related to the grant must be completed by the project completion date identified in the executed grant agreement.

Before work on the project begins, a Grant Agreement may be terminated by CAL FIRE or the grantee upon 30 days advanced written notice to the other party. After work begins on the Project, termination may occur: (1) if CAL FIRE and the grantee mutually agree to terminate the agreement; (2) if the State determines Grantee has made a material misrepresentation, violated this Agreement, failed to fulfill its obligations under this Agreement, or otherwise determines there is cause to do so; or (3) if the State gives 30-days written notice of termination to Grantee.

Once a Grant Agreement has been signed, it may only be amended with advanced written consent of both CAL FIRE and the grantee. Any amendment requests including the ability to extend the project timeline, where permissible, must be submitted to CAL FIRE sixty (60) days before the agreement end date using the Grants Portal system. CAL FIRE reserves the right to waive the sixty (60) days in extenuating circumstances.

A grantee wishing to change the scope or budget of an approved project at any stage shall submit the proposed change in writing, on entity letterhead, to CAL FIRE for review. Any change must be consistent with the need cited in the original application and authorizing legislation. Any modification or alteration to the grant agreement on file must be submitted to the State for review and may require a new signed amended agreement. Any reduction in the actual number of acres being treated in a hazardous fuel reduction grant may result in a corresponding reduction of the grant award.
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ACCOUNTING REQUIREMENTS
The grantee shall maintain an accounting system that follows Generally Accepted Accounting Principles. The accounting system must accurately reflect fiscal transactions, using the necessary controls and safeguards. This system shall provide an adequate audit trail, including original source documents such as receipts, progress payments, invoices, purchase orders, timecards, canceled checks, etc. Please redact account numbers and personal identifying information before submitting invoices. The system shall also provide accounting data so the total cost of each individual project can be readily determined. CAL FIRE may request records and documentation at any time. These records shall be retained by the grantee for a period of three years after final payment is made by the State or one year after final disposition of any disputed audit findings, whichever occurs later, unless it is the grantee’s policy to retain records for a longer duration. Avoid audit exceptions – keep accurate records.

LOSS OF FUNDING
The following are examples of actions that may result in a grantee’s loss of funding:
• Grantee withdrawsfrom or fails to complete the funded project (in substantial conformance with the Agreement).
• Grantee failsto submit all required documentation within the time periods specified in the grant agreement.
• Grantee failsto submit evidence of CEQA or NEPA compliance within 12 months of the execution of the agreement as specified by the grant agreement. • Grantee changes the project scope without the approval of theState. • Grantee or the State terminatesthe project in accordance with the terms and conditions in the grant agreement.
• Grantee engages in activities that would lead to the project not achieving GHG emissions reductions.
• Grantee or anyone acting on behalf of Grantee shall not engage in fraud, waste, or the abuse of Grant Funds in violation of California Penal Code section 424 et seq.

Grantee shall cooperate in any investigation of such activities that are suspected in connection with this Agreement.
• Recipients of Grant Funds shall receive no more than the fair market value of an arm’s length transaction for any goods or services provided under this Agreement.

Grantee shall provide evidence to the State upon request of compliance with this Section 11.e. Violation of this Section 11.e. will result in a violation of CaliforniaPenal Code section 424, subd. a.
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PROPOSITION 4 INDIRECT COST RATES
For grants awarded for projects under Proposition 4, Wildfire Prevention Grants will reimburse the grantee’s indirect costs. The grantee may request one of the following indirect cost rates:
• The grantee’s federal negotiated indirect cost rate, pursuant to its Negotiated Indirect Cost Rate Agreement (NICRA).
• The 15 percent de minimis indirect cost rate specified in Part 200 of Title 2 of the Code of Federal Regulations.
• A rate negotiated by the grantee with another state agency within the last five years. • A rate proposed by the grantee in the grantee’s program application with the administering state agency if the grantee does not have an existing state rate. • Grantee can request an indirect cost rate of 12% to 20%.

In the event of an audit, projects with budgets that include administrative costs must be able to document the appropriateness of these expenses. If the applicant does not have an existing NICRA, a typical method for documentation of administrative overhead expenses is a Cost Allocation Plan (CAP). A CAP is a formal accounting plan used to calculate and document the method for recovering overhead costs. The CAL FIRE strongly recommends that grantees consult with an accounting professional to develop an appropriate method for calculating the overhead rate and prepare a CAP.
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PROJECT COSTS
Project costs must be consistent with the approved project and incurred during the performance period as specified in the grant agreement.

Budget Item Eligible Cost Required Documentation
Salaries and Wages
(Grantee Only)
Salaries and wages of employees employed by the grantee who are DIRECTLY engaged in the execution of the grant
project. Limited to actual time spent on the grant project.

Leave benefits (i.e., sick leave, vacation, etc.) that are consistent with the grantee’s leave benefit policy may be charged to the grant in proportion to the percentage of time worked on the grant within the pay period. Examples of expenditures include time-related to site visits and project monitoring and completion of reporting related to the grant project. Staff time related to accounting,
business services, etc. are allowed only if those functions are not included in the grantee's overhead cost.

A payroll summary of all employees’ time spent
on the project must be provided with invoices
requesting salary/wage reimbursement. Payroll
documentation should show a nexus between
time worked on the project and wages paid to
the employee after the fact. Timesheets or
similar documentation detailing days and hours
worked on the project must be maintained and
retained by the grantee for audit purposes but
should not be submitted to CAL FIRE unless
otherwise instructed. Any leave charged to the
grant must reflect the calculation of time spent
on the grant compared to overall time worked.

A statement certifying that leave charged to the
grant is in proportion to employee’s time spent
must be included as part of the supporting
documentation. All salary and wages charged to
the grant must tie back to the grantee’s
accounting records.

Benefits (Grantee
Only)
Employer contribution share of fringe benefits associated with employees (paid from salaries and wages Budget
Item) who are directly engaged in the execution of the
grant project. This will include Social Security, Medicare, Health Insurance, Pension Plan costs, Payroll taxes, etc. as applicable for the specific employee.

Same documentation as Salaries and Wages.

Payroll summary documentation showing wages
and hours paid to employee and associated
fringe benefits. Back-up documentation to be
retained by grantee for audit records.

Contractual Direct consultant and contractual services necessary to achieve the objectives of the grant. Examples of
contractual costs will be RPF supervision/certification, professional/consultant services (the costs of consultant services necessary for project planning and
implementation), Wildfire Prevention contractor, etc.

Procurement of contractual services should be
documented to ensure selection on a competitive basis
and documentation of price analysis.

Invoices from Consultant/Contractor identifying
expenditure, services performed, and period of
services. When reporting acres, contractor
invoices must identify when and where the
acres were treated. Documents related to
consultant/contractor selection analysis must be
kept by the grantee and made available for
audit purposes, upon request. Use of California
Conservation Corps or certified community
conservation corps is exempt from competitive
selection.

Travel (Grantee
Only)
Travel costs associated with travel to and from project sites, meetings, etc. directly related to the grant project and must be considered reasonable and necessary for the completion of the project. Absent a written policy, per diem shall not exceed the California Standard Per Diem
Rate allowable by the U.S. General Services
Administration. Mileage rates shall not exceed the rates allowable by the IRS. If not using the per diem rate by the U.S. General Services, the Grantees' travel policy must be submitted and approved by CAL FIRE and must be submitted with the application.

Receipts identifying travel costs (i.e., lodging,
rental cars). Mileage must be documented by
either employee travel claims that are signed by
the employee or vehicle mileage logs for
vehicles owned by the grantee. Per Diem must
be documented by employee travel claims.
556
pg. 28
Budget Item Eligible Cost Required Documentation
Supplies (Grantee
Only)
Supplies that are used in the direct support of the project are allowable. Supplies exceeding. $500 per unit cost shall be documented to ensure procurement of supplies on a
competitive basis and documentation of price analysis.

Any technology must be identified and pre-approved by
CAL FIRE. Supplies include items under $5,000 per unit
cost. (e.g., chainsaws etc.) All food costs must be preapproved and explicitly listed in the Scope of Work, Budget, and Budget narrative in order to be considered an eligible cost.

Receipts identifying item purchased, cost, and
date of purchase. Documentation related to
price analysis of procurement of supplies
exceeding $500 must be kept by the grantee
and made available for audit purposes upon
request.

Equipment (Grantee
Only)
Equipment is an item of $5,000 or more per unit cost and has a tangible useful life of more than one year. Purchase of equipment may not exceed $750,000 and must be
owned by the grantee. The cost to lease equipment to use in the grant project may be charged to the grant but listed under the ‘Other’ budget category. A cost-benefit analysis to justify the cost of purchasing equipment versus leasing, must be identified in the scope of work. Procurement of equipment must be done on a competitive basis and
include documentation of price analysis.

The grantee must include in the application package the proposed use and maintenance plans for equipment after
the performance period of the grant. Disposition of
equipment beyond the project performance period is
subject to CAL FIRE approval. If grantee fails to complete grant or dissolves during grant, grantee must dispose of the equipment in accordance with an equipment
disposition plan that is approved by CAL FIRE in advance.

Equipment purchased using grant funds can not be used as collateral, financed, or sold without written approval from the State at its discretion.

Cost of equipment purchased shall be
substantiated by purchase receipt and a bid
quote worksheet at the time of invoicing. All
documentation related to price analysis of
procurement of equipment must be kept by the
grantee and made available for audit purposes,
upon request. Disposition of the equipment
must be submitted and approved by CAL FIRE
every two years upon completion of the project
until notified in writing by CAL FIRE that
reporting is no longer required.

Other (Grantee
Only)
Other costs that do not fit in any of the above categories.

The cost must be directly related to the grant project. A cost (such as rent, utilities, phones, general office supplies, etc.) that must be apportioned to the grant is considered indirect cost unless written justification is submitted and approved by CAL FIRE. Use of equipment owned by the
grantee may be charged to the grant at a rate set by the California Department of Transportation Labor Surcharge and Equipment Rental Rate Guide. Example, grantee has a rental rate in Other for equipment and Fuel in Supplies for said equipment. As per the Cal-Trans guideline, fuel is calculated and accounted for in the rate.

Invoices or receipts identifying the item and cost
charged to the grant. Cost of leased equipment
charged to the grant must be substantiated with
receipts identifying equipment leased, dates
equipment was leased, lease rate and total cost.

Use of grantee equipment must be
substantiated with an equipment usage log that
identifies the equipment used, rate, and total
rental cost.
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pg. 29
Budget Item Eligible Cost Required Documentation
Indirect Costs
(Grantee Only)
Indirect Costs are costs associated with doing
business that are of a general nature and are incurred to benefit two or more functions within the grantee
organization. These costs are not usually identified
specifically in the grant agreement, project, or activity, but are necessary for the general operation of the
organization. Examples include salaries and benefits of employees not directly assigned to a project; functions such as personnel, accounting, budgeting, audits, business services, information technology, janitorial, and rent, utilities, supplies, etc. Functions included as direct versus indirect costs must be applied consistently for all activities within the Grantee organization, regardless of fund
source. The maximum allowable indirect charge for this
grant program for all entities including UC’s and CSUs
should generally not exceed 12%, unless an exemption is approved by CAL FIRE (see Indirect Rate Exemption). For grants awarded for projects under Proposition 4, Wildfire Prevention Grants will reimburse the grantee’s indirect costs. The grantee may request one of the following
indirect cost rates:

The grantee’s federal negotiated indirect cost rate,
pursuant to its Negotiated Indirect Cost Rate Agreement (NICRA).
• The 15 percent de minimis indirect cost rate
specified in Part 200 of Title 2 of the Code of
Federal Regulations.
• A rate negotiated by the grantee withanother
state agency within the last five years.
• A rate proposed by the grantee in the grantee’s
program application with the administering
state agency if the grantee does not have an
existing state rate.
• Grantee can request an indirect cost rate of 12%
to 20%.

Applied on a percentage (%) basis on direct costs
except for equipment. Documentation related
to the determination of the grantee’s indirect
cost rate must be retained by the grantee and
made available upon request for audit purposes.
558
pg. 30

PAYMENT OF GRANT FUNDS
Funds will be disbursed only when there is a fully executed grant agreement between CAL FIRE and the grantee. An agreement is considered fully executed upon signature and approval by the State Fire Marshal or designee. All payments are made on a reimbursement basis, except in cases where CAL FIRE authorizes advance payments. (i.e., the grantee is invoiced for services, products, or supplies; invoices CAL FIRE for same; and is reimbursed by the State upon approval of the invoice). No work prior to or after the grant period will be reimbursable.

CAL FIRE has the legal right to conduct a spot inspection to verify that work invoiced has been satisfactorily completed. If a financial report is incomplete or non- reimbursable, it will be returned to the grantee.

STATE CONFLICT OF INTEREST LAWS
All applicants, individuals who participate in the review of submitted Project Proposals, and grantees are subject to state and federal conflict-of-interest laws. Applicable statutes include, but are not limited to, California Government Code section 1090 and Public Contract Code sections 10365.5, 10410, and 10411. These statutes include, but are not limited to, prohibitions on the following conduct:

1. Current State Officers or Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods orservices.

2. Former State Officers or Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

Any individual who has participated in planning or setting priorities for a specific grant solicitation over and above the public comment process or who will participate in any part of the grant development and negotiation process on behalf of the State is ineligible to receive funds or personally benefit from funds through that solicitation. Failure to comply with conflict-of-interest laws, including business and financial disclosure provisions, will result in the Project Proposal being rejected or any grant agreement made in violation of the conflict-of-interest laws being 559
pg. 31
declared void. CAL FIRE may request additional documentation during the performance of the grant, including review of financial progress reporting, or during State Audit to verify that a conflict of interest does not exist. Other legal actions may also be taken.

If an applicant has any questions about compliance with conflicts of interest laws, the applicant should consult the California Fair Political Practices Commission or a qualified attorney.

CAL FIRE may require Grantee to establish conflict-of-interest policies and procedures and maintain adequate controls to ensure that the grantee or anyone acting on behalf of the grantee does not have any conflicting personal or financial interest associated with activities funded by the grant project. CAL FIRE may request additional documentation during the performance of the grant, including during review of financial or progress reporting, or during State Audit to verify that a conflict of interest does not exist.

Private Benefit Prohibited
Grantee will not be reimbursed for any costs that exceed the fair market value of an “arm’s length” transaction for goods or services rendered in furtherance of the grant project.

An “arm’s length” transaction exists where the parties have an adverse (or opposing) interest. For example, a seller wants to sell his goods at the highest possible price, while a buyer wants to buy at the lowest possible price. These are adverse interests. In negotiating with a person, an adverse interest is assumed if that person is otherwise unrelated to you in the sense of not being in a position to exercise substantial influence over you or your affairs. If the person is in a position to exercise substantial influence over your affairs, then an arm’s length standard requires additional precautions to eliminate the effect of the relationship. Using a conflict-of-interest policy, information about comparable transactions between unrelated parties, and reliable methods for evaluating the transaction, are examples of precautions that would help make the negotiation process equivalent to one between unrelated persons.

Fair market value is the price at which goods, services, or property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy, sell, or transfer the goods, services, or property, and both having reasonable knowledge of relevant facts.

Grant recipients must avoid or scrutinize transactions that exhibit signs of actual or possible conflicts-of-interests and should avoid even the appearance of conflicts. The appearance of a conflict of interest occurs when a person in a position of authority over an organization, such as a director, officer, or manager, may benefit personally from a decision he or she could make.

Conflict-of-interest red flags may also include organizations that engage in transactions that are less than “arm’s length” indicating there may be a bargain or gift element, such as transactions with friends and relatives, or receiving gifts from contractors. In addition, transactions with organizations that have several employees or Board members who are personally or professionally related should be highly scrutinized.
560
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ADVANCE PAYMENTS
In accordance with Public Resources Code section 4124.5, or other applicable statutory authority, advance payments may be considered for non-profit organizations, local agencies, Resource Conservation Districts, special districts, and Native American tribes. Advance payments are solely at CAL FIRE’s discretion and eligibility and may be subject to change. An advance request form must be submitted identifying how funds may be used over a six-month period.

Advance payments must be deposited into a federally insured, interest-bearing account that provides the ability to track interest earned and withdrawals. Any interest earned on advance payment funds must be accounted for as project income and used toward offsetting the project cost or returned to the STATE. Refer to Appendix K on calculations and supporting documentation for interest income. All other advance payment requests shall not exceed 25% of the total grant award.

Advances must be fully utilized within a six-month period unless additional time has been requested and is approved by CAL FIRE. Any Advance Payment, or portion thereof, that is not spent within the later of six months or the spending timeline approved by the CAL FIRE must be returned to the State and will be returned to the grant balance.

Additional advances may not be requested until acceptable documentation is received that the previous advance has been fully liquidated on eligible expenses. In addition, an accountability report must be submitted to CAL FIRE every four months upon receipt of funds until funds have been fully liquidated.

CAL FIRE processes for approving and managing grant advances are subject to change.

STATE AUDIT
Projects may be subject to an audit at any time during the Project Performance Period and for three years following Project completion. The purpose of the audit is to verify that project expenditures were properly documented.

If your project is selected for audit, you should include all books, papers, accounts, documents, or other records of the grantee, as they relate to the project for which state funds were granted.
• To expedite the audit, the grantee must have the project records readily available, including the source documents, and canceled warrants. The grantee must also make an employee who has knowledge of the project and the accounting procedure or system available to assist the state auditor. The grantee must provide a copy of any document, paper, record, or the like as requested by the auditor. • Projects may be suspended if the audit reveals discrepancies, or if CAL FIRE believes there are improprieties or issues with the project.
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pg. 33
Agreement A legally binding agreement between the State and another entity.

TERM EXPLANATION
Applicant The entity who has applied, requesting grantfunds.

A Legislative budget authorization from a specific fund to a specific agency or program to make expenditures or incur obligations for a specific purpose and period.

Appropriation
Employee Individuals employed directly by the grantee and who generally receive a W-2 for tax purposes.

Grantees must keep source documents for all expenditures related to each grant for at least three (3) years following project completion or one year following an audit, whichever occurs later, unless the grantee has a longer retention policy.

EXPLANATION OF TERMS
Amendment A formal modification or a material change of the Agreement, such as terms, cost, budget, or scope of work.

Application The form identified by CAL FIRE as the document to be submitted by an applicant requesting grant funds, and its required supporting attachments, as required by the enabling legislation or program.

Authorized
Representative
The designated person or position identified by the Grantee as the agent to sign all required grant documents including, but not limited to, grant agreements, Application forms, and payment requests.

Consultant
Services
Services which provide a recommended course of action or personal expertise, such as accounting or a Registered Professional Forester (RPF).

Direct Costs Expenses of doing business that are directly attributable to the Project. Examples of direct costs are salaries and benefits of employees directly associated with a Project or expenses of items used directly by the Project.

Encumbrance A commitment of funds guaranteeing a source of payment for a specific Agreement.

An entity contracting with the grantee forservices and generally receives a form 1099 for tax purposes.

Contractor
The California Environmental Quality Act as stated in the PRC § 21000 et seq.; Title 14 California Code of Regulations (CCR) §15000 et seq. CEQA is a law establishing policies and procedures that require agencies to identify, disclose to decision makers and the public, and attempt to lessen significant impacts to environmental and historical resources that may occur because of the agency’s proposed Project.

CEQA
562
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Expenses of doing business that are of a general nature and are incurred to benefit at least two or more functions within an organization. These costs are not usually identified specifically with a grant, grant agreement, Project, or activity, but are necessary for the general operation of the organization. Examples of Indirect Costs include salaries and benefits of employees not directly assigned to a Project; functions, such as personnel, business services, information technology, janitorial; and rent, utilities, supplies, etc. Indirect Costs may be referred to as overhead or administrative costs.

Indirect Costs
Any California corporation organized under Sections 501(c)(3) of the Federal Internal Revenue Code. A letter of determination certifying non-profit status will be required prior to Project approval.

Non-profit
Organization
Program Income Income that is generated directly by Grantee’s performance of the Project, including any interest earned on AdvancePayments.

Grantee The entity that has an executed grant agreement for the award of grant funds.

Modification An agreement modification is an informal agreement that moves dollars in the line item and task budgets not to exceed 10% of total grant amount; changes deliverable due dates or makes a minor change in the work in accordance with the intent of the legislation. It does not require a formal amendment of the grant agreement. See the modifications section for further requirements.

Operating
Expenses (Direct Costs)
Any cost that can be specifically identified as generated by and in accordance with the provisions or activity requirements of the grant agreement.

Personnel Services This budgeted amount includes salaries and benefits for wage-earning personnel employed bythe grantee/contractor (not a subcontractor) and working on the Project.

Project
Performance Period
The period during which the Project Scope of Work costs may be incurred, and the work described in the Project Scope of Work must be completed, billed, and paid for by the State. Only eligible costs incurred during the Project Performance Period will be paid.

Project The term “Project” means the activity or work to be accomplished utilizing grant funds and match (if applicable).

Project Scope of
Work
The term “Project Scope of Work” defines the individual scope of work or activity describing in detail the proposed tasks identified, as described in enabling legislation and in the grant agreement.

Project Budget
Narrative
The term “Project Budget Narrative” defines the proposed detailed budget plan.

Form Std. 204, “Payee Data Record” is required for all grant recipients. The form must be submitted to establish a vendor number for payment and to have funds encumbered.

Payee DataRecord
(Std. 204)
The act ofsigning an Agreement, which provides a legal basis for required performance by parties to the Agreement.

Execution ofan
Agreement
563
Resolution The purpose of a resolution by a grantee’s governing body is to allow the entity to sign Agreements and amendments for a specific project, i.e., it allows the designated entity to enter into an agreement with the State of California, and it designates someone to sign on behalf of the grantee’s governing board. A signed resolution can be submitted at the time the signed grant agreements are returned to CAL FIRE’s Grants Management Unit, Sacramento Headquarters.

Severely disadvantaged
community
A community with a median household income of less than 60 percent of the area average or less than 60 percent of statewide median household income.

Vulnerable population A subgroup of the population within a region or community that faces a disproportionately heightened risk or increased sensitivity to the impacts of climate change and that lacks adequate resources to cope with, adapt to, or recover from such impacts. pg. 35
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APPENDICES
Appendix A: Environmental Compliance for CAL FIRE Projects (CEQA) Appendix B: Sample Resolution (not required)
Appendix C: Invoice
Appendix D: State of California Standard Required Forms Appendix E: CalMAPPER (Awarded Grants Only)
Appendix F: Low-Income and Disadvantaged Communities
Appendix G: PDF Project Map
Appendix H: Justification for indirect rate above 12% and supporting documentation Appendix I: Application Package
Appendix J: Additional Resources
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APPENDIX A – ENVIRONMENTAL COMPLIANCE FOR CAL FIRE PROJECTS NOTE: Grantee must submit proof of California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) compliance within one year of the execution of the grant agreement, unless a longer period is approved by CAL FIRE. To ensure this occurs in a timely manner, the grantee should contact the Department of Forestry and Fire Protection (CAL FIRE) Local Unit Contact as soon as possible after receiving the executed Grant Agreement.

NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) COMPLIANCE
Project work involving Federal actions must comply with NEPA.

Regardless of jurisdiction, CEQA Compliance is required when using Wildfire Prevention grant funds. For Federal jurisdictions that meet the requirements of Public Resources Code (PRC) section 4799.05(d)(1), a CEQA notice of exemption will need to be filed. This means that prescribed fire, reforestation, habitat restoration, thinning, or fuel reduction projects undertaken, in whole or in part, on federal lands to reduce the risk of high-severity wildfire that have been reviewed under NEPA may not need additional analysis and would be statutorily exempt from CEQA. See Item #5 below.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Within one year of the execution of the grant agreement and prior to commencing any work that could impact the environment, CAL FIRE requires proof of adequate compliance with CEQA.

This may be accomplished by one or more of the following methods:

1. Notice of exemption filed with the State Clearinghouse and the county clerk in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c)of Section 21152.

2. Initial study and negative declaration or mitigated negative declaration and all associated noticing documents filed with the State Clearinghouse and the county clerk.

3. Draft and final environmental impact report and all associated noticing documents filed with the State Clearinghouse and the county clerk.

4. Including shapefiles identifying the “treatment” area surveyed where activities will be conducted during the grant period.

5. Timber harvesting permit or notice in compliance with the California Forest Practice Act and Rules for projects that undertake timber operations per PRC § 4527. Note that use of timber harvest documents for CEQA compliance in the absence of timber operations is not appropriate, as the Forest Practice Act and Rules do not apply in these circumstances.

Applicants that will be utilizing timber harvest documents for CEQA compliance should identify within the harvest documents that they are receiving CAL FIRE grantfunding.

6. Finding of no significant impact-decision notice, categorical exclusion- decision memo, or environmental impact statement-record of decision prepared in compliance with the 566
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NEPA for projects that are exempt from CEQA pursuant to PRC § 4799.05(d)(1). When using a NEPA document, per PRC § 4799.05(d)(4)(A), a CEQA notice of exemption needs to be filed with the State Clearinghouse and with the county clerk in the county in which the project will be located in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. The lead agency will also need to post the notice of exemption on its internet website together with a description of where the documents analyzing the environmental impacts of the project under the federal National Environmental Policy Act of 1969 are available for public review.

7. Completed and accepted project-specific analysis under the CalVTP (California Vegetation Treatment Program) and all associatednoticing documents filed withthe State Clearinghouse and the countyclerk.
1 For exempt projects where the grantee is a public agency , the grantee must prepare and file the notice of exemption for an exempt project. For exempt projects where the grantee is not a public agency (e.g., Fire Safe Council), CAL FIRE or another public agency will be responsible for preparing and filing the notice of exemption.

For non-exempt projects where the grantee is a public agency, the grantee will assume the role of lead agency. For non-exempt projects where the grantee is not a public agency (e.g., fire safe council), CAL FIRE or another public agency will need to assume the role of lead agency. The lead agency is responsible for: (a) performing the necessary environmental effects analysis; (b) preparing environmental documents; and (c) filing associated notices.

The lead agency may require the grantee to prepare, or retain a consultant to prepare, the environmental documents required for demonstrating adequate compliance with CEQA. When CAL FIRE is the lead agency, the grantee must work closely with CAL FIRE staff to ensure the environmental documents reflect CAL FIRE’s independent judgement. 1 “Public agency” includes the following:

PRC § 21062. “Local agency” means any public agency other than a state agency, board, or commission. For purposes of this division a 567
pg. 39
Grantees should ensure they ask for adequate funds for environmental work when applying for grants. When preparing their budgets, grantees should consider the need to contract with appropriate resource professionals to do the necessary environmental effects assessment and document preparation work. This may include biologists, professional archaeologists, air quality experts, registered professional foresters, environmental planners, etc.

For all environmental documents where CAL FIRE is the lead agency, except timber harvesting permits or notices, cultural resources must be assessed per the procedures outlined in Cultural Resources Review Procedures for CAL FIRE Projects. This may require the grantee to consult with the appropriate CAL FIRE archaeologist to determine if impacts to cultural resources are possible and what, if any, assessment or mitigation work will have to be done. This consultation should be done as early in the planning process as possible.

CAL FIRE must review all environmental documents and associated notices for adequate compliance with applicable procedures and CEQA.
redevelopment agency and a local agency formation commission are local agencies, and neither is a state agency, board, or commission.

PRC § 21063. “Public agency” includes any state agency, board, or commission, any county, city and county, city, regional agency, public district, redevelopment agency, or other political subdivision.
14 CCR § 15368 “Local agency” means any public agency other than a state agency, board, or commission. Local agency includes but is not limited to cities, counties, charter cities and counties, districts, school districts, special districts, redevelopment agencies, local agency formation commissions, and any board, commission, or organizational subdivision of a local agency when so designated by order or resolution of the governing legislative body of the local agency.
14 CCR § 15379 “Public agency” includes any state agency, board, or commission and any local or regional agency, as defined in these Guidelines. It does not include the courts of the state. This term does not include agencies of the federal government. 568
pg. 40
APPENDIX B – SAMPLE RESOLUTION (NOT REQUIRED)
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APPENDIX C – INVOICE

INVOICE GUIDELINES
It is preferred, but is not required, that grantees use the invoice template posted on the CAL FIRE Grants website. Due to differences in accounting systems used by the grantee, the grantee must include the following elements when submitting a payment request, either on the grantee’s invoice or as an attachment to the invoice. If a grantee chooses to use their invoice in lieu of the invoice template provided, the invoice must be put on grantee’s official letterhead.

1. The word “Invoice” shall appear at the top of thepage.

2. Grantee Information – Includes the grantee name and address which shall match the Std. 204 - Payee Data Record submitted with the grant agreement. Payment will be submitted to this address after the financial report has been approved. Grantee shall notify CAL FIRE in writing regarding address changes and effectivedates.

3. Invoice Date and Number – Date invoice was issued and unique invoice number to be determined by the grantee for reference.

4. Grant Identification – Grant Number, Grant Performance Period, and Project Name as identified in the Grant Agreement.

5. Invoice reporting period – Performance start and end dates for which grantee is invoicing CAL FIRE. Under no circumstances will an invoice period outside of the grant performance period be accepted.

6. Payment Type – Indicate whether the invoice isto request an advance payment, interim payment, or final payment.

7. Cost breakdown – Grantee costs must be broken down by the budget item consistent with the approved budget in the Grant Agreement. The grantee must identify the amount for which CAL FIRE is being billed in the invoice period and the total amount spent and match (if applicable) from the beginning of the grant performance period through the invoice period. Advance requests should still include a breakdown of the budget items for which the grantee is planning to expend the funds.

8. Offset to current cost – Include the balance of advance funds given to grantee as well as program income earned from the grant if applicable.

9. The total amount for which grantee is requesting reimbursement from CAL FIRE.

10. Grantee contact name, phone number, and email addressfor questions related to the invoice.

11. All backup documentation to support the invoice (see Project Costssection).

12. Certification and signature of authorized representative - Please see sample invoice for certification language.
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APPENDIX D – STATE OF CALIFORNIA STANDARD REQUIRED FORMS THESE STANDARD FORMS MUST BE SUBMITTED IN THE GRANTS PORTAL WITH THE PROJECT APPLICATION. THE STANDARD FORMS BELOW ARE ALSO LINKED IN THE GRANTS PORTAL.

Payee Data Record form (STD. 204) – CAL FIRE utilizes this form internally for all grantees. This form is required for all applicants, including local governments, despite the language on the form. Payee Data Record STD. 204
APPENDIX E – CALMAPPER (AWARDED GRANTS ONLY)
All California Climate Investments (CCI) and Prop 4 funded projects will be recorded in CAL FIRE’s Management Activity Project Planning & Event Reporter (CalMAPPER). To achieve this, grantees must provide spatial information via shapefiles about where the project occurs on the landscape, identify treatments for their project, and identify what activities occurred.

Submission of all activities completed must be submitted with invoices or other methods identified by the Grants Program. This may be requested as often as ground-disturbing work is performed.

APPENDIX F – LOW-INCOME AND DISADVANTAGED COMMUNITIES
California Climate Investments must meet minimum levels of investments to projects that benefit residents of disadvantaged communities, low-income communities, and low- income households collectively referred to as “priority populations” and defined by Health and Safety Code section 39713.

CAL FIRE’s Wildfire Prevention Grants Program and Forest Health Program has a goal of funding a percentage of projects that benefit Low-Income Communities or Households. This is not a requirement for eligibility, but preference will be given to projects that benefit a priority population.

Achieving “Low-Income Community or Household” designation requires three steps:

Step 1: Identify the Priority Population(s). Located within a census tract identified as a disadvantaged community or low-income community, or directly benefit residents of a lowincome household. California Air Resource Board’s Community Investments webpage may be used to identify the census tract.

Step 2: Address a Need. Meaningfully address an important community or household need for priority populations; and
Step 3: Provide a Benefit. Using the evaluation criteria, identify at least one direct, meaningful, and assured benefit that the project provides to priority populations.

The following tables will assist you in achieving the designation and can be found on the California Air Resources Board CCI Quantification, Benefits, and Reporting Materials webpage. 571
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572
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573
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APPENDIX G – PDF PROJECT MAP
In addition to the online WP Grants Mapping Center project mapping program Geopoint and polygons, include a pdf map(s) of the project with the project application. The map(s) shall meet the following requirements:
• Electronic format of PDF.
• Printed format(s) should measure 8 ½ by 11 inches.
• The scale should be 1:24,000 scale or finer. The maps should show enough of the surrounding area so that the application review team can get a sense of the relationship of the project to the surrounding area.
• The map(s) should clearly show:
o Project boundaries
o Treatment area(s) by type
o Roads
o Watercourses
o Parcels
o City/County/Unit
o Proximity to wildfire threatened communities
o Other necessary information
• Legend: Include a map legend that identifies:
o The features on the map
o The project tracking number
o Project name
o Project proponent
APPENDIX H – JUSTIFICATION FOR INDIRECT COST RATE ABOVE 12% Applicants that utilize a higher indirect rate on non-CAL FIRE grants and agreements may request to apply an indirect cost rate in excess of 12% as part of their application. The request shall include a detailed justification as a separate attachment to the grant application indicating why a higher rate is needed for the grant project along with supporting documentation as to how the higher indirect rate is determined. Supporting documentation may include, but is not limited to, the entity’s Federally approved Negotiated Indirect Cost Rate Proposal. Under no circumstances will CAL FIRE approve an indirect rate exceeding 20% for CCI funded projects. Submittal of the justification and supporting documentation does not guarantee approval of the higher rate which is solely at CAL FIRE’s discretion.

Applicants requesting the higher rate may include the higher rate within the total application request and within the budget breakdown. CAL FIRE will evaluate the request for a higher indirect rate concurrently with the grant application. If the project is approved, but the higher indirect rate is not, CAL FIRE will notify the Grantee of the reduced award amount and request changes to the budget, if needed.
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pg. 46
For grants awarded for projects under Proposition 4, Wildfire Prevention Grants will reimburse the grantee’s indirect costs. The grantee may request one of the following indirect cost rates:
• The grantee’s federal negotiated indirect cost rate, pursuant to its Negotiated Indirect Cost Rate Agreement (NICRA).
• The 15 percent de minimis indirect cost rate specified in Part 200 of Title 2 of the Code of Federal Regulations.
• A rate negotiated by the grantee with another state agency within the last five years. • A rate proposed by the grantee in the grantee’s program application with the administering state agency if the grantee does not have an existing state rate. • Grantee can request an indirect cost rate of 12% to 20%.

APPENDIX I – APPLICATION PACKAGE
A COMPLETE APPLICATION PACKAGE INCLUDES AND IS REQUIRED TO BE CONSIDERED:

Grants Portal (Solicitation Link on WP Grants website):
• Application
• Scope of Work
• Budget
• Goals
• File Uploads*
• Online submission of Geopoint or polygons in the Project MappingProgram *File uploads to Grants Portal:
• PDF version of Project Map(s) (formatted to 8 ½” x11”) • Articles of Incorporation, including document w/seal from Secretary of State (non- profit applicants)
• State of California Payee Data Record form (Std. 204) – see Appendix D • Letter(s) of Commitment if matching funds or services are included • Letter(s) of Support (not required)
• UC/CSU Model Agreement Template (Required for UC/CSU and associated auxiliary entities)
Board Resolution granting authority to sign if non-profit or local government, a signed resolution may be requested if necessary.

ZIP MULTIPLE FILES OF ONE TYPE, I.E., MULTIPLE LETTERS OF SUPPORT, TRAVEL POLICY (IF TRAVEL IS INCLUDED), FOR FUELS REDUCTION WORK; SHAPE FILES ARE REQUIRED, AND UPLOAD AS A SINGLE ZIP FILE.
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APPENDIX J – ADDITIONAL RESOURCES
Local CAL FIRE Unit (Vegetation Management Foresters and Local Wildfire Prevention Grants Resources)
[email protected] (Southern Region Contact) [email protected] (Northern Region Contact)
[email protected] (Wildfire Prevention Grants Program Analysts) [email protected] (Grants Administration)
Subscribe to CAL FIRE grant email notifications to be notified when our workshops are scheduled and to receive solicitation announcements.
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APPENDIX K – CALCULATING INTEREST ON ADVANCE PAYMENTS
Interest on Advance Payments must be reported on invoices as Program Income no less frequently than quarterly, unless otherwise waived by CAL FIRE. Documentation to be provided with the invoice should include a copy of the statement showing the grantee’s name, initial deposit of the advance funds into the account and the interest rate earned for each statement period associated with the invoice period reported until the advance funds have been fully liquidated. It is advised that the account number and other sensitive information be redacted from the bank statement.

Separate Account for Advance Payments: Advance funds deposited in a separate interestbearing account that is not comingled with any other funds should provide a copy of the statement showing the interest earned for each statement period. The amount reflected as interest earned on each statement should tie to the Program Income reported on the invoice, unless there is additional program income earned.

Co-mingled Advance Payments: Advance funds that are co-mingled with other funds shall include a copy of the statement for each statement period associated with the advance funds.

The calculation for the invoice period must be included and the total interest should tie to the Program Income reported on the invoice, unless there is additional program income earned. The interest earned can be calculated as:

Formula:

Remaining advance funds x interest rate % = Annual Interest.

Annual Interest/365 days =Daily Rate.

Daily Rate x number of days = Interest/Program Income
Use of an alternative calculation method based on the grantee’s accounting process may be accepted at CAL FIRE’s discretion.
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RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA,

AUTHORIZING THE SUBMISSION OF A CAL FIRE WILDFIRE PREVENTION GRANT

APPLICATION
WHEREAS, the State of California has allocated up to $135 million to the California Department of Forestry and Fire Protection (CAL FIRE) in FY 2025-2026 for the purpose of funding the agency’s Wildfire Prevention Grants Program; WHEREAS, CAL FIRE has been delegated the responsibility for the administration of this program within the State, setting up necessary procedures governing application by local agencies, nonprofit organizations, and others under the program; WHEREAS, the City of Eastvale desires to submit an application seeking $950,000 from CAL FIRE to clear hazardous fuels in the Santa Ana Riverbed; WHEREAS, the Santa Ana Riverbed at the border of Eastvale and Norco contains dry vegetation that can serve as fuel for wildfires, especially during windy, hot, or dry weather conditions;
WHEREAS, reducing the fuels minimizes the risk of fast-spreading fires that can threaten nearby homes, businesses, and infrastructures; and
WHEREAS, the City will enter into an agreement with the State of California to carry out the Eastvale Hazardous Fuels Reduction Project, should CAL FIRE select the project for award and should the City subsequently accept the grant funds.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA:

1. Approves the filing of a grant application for the CAL FIRE Wildfire Prevention Grants Program;

2. Certifies that the City hassufficient resources to operate and maintain the project;

3. Certifies that the City will expend grant funds prior to the end of February 2029; and

4. Appoints the City Manager or a designee to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, payment requests, and so on, which may be necessary for the completion of the Eastvale Hazardous Fuels Reduction Project.

PASSED, APPROVED AND ADOPTED this 13th day of August, 2025. 578
__________________________________________
Mike McMinn
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney Government Services Director/City Clerk
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )

I, Marc A. Donohue, Government Services Director/City Clerkof the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 25-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 13th day of August 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
Government Services Director/City Clerk
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AGENDA STAFF REPORT
City Council/Eastvale Public Financing Authority Meeting

CONSENT CALENDAR
Agenda Item No. 11.16
August 13, 2025
Approval of Professional Services Agreement with STC Traffic for the Traffic Signal Improvement project at Sumner Avenue and 68th Street
Prepared By:

Jimmy Chung, City Engineer
Recommended Action(s)
Staff recommends that the City Council:

1. Approve a Professional Services Agreement with STC Traffic in the amount of $60,000 for the design of Traffic Signal Improvement project at Sumner Avenue and 68th Street; and

2. Approve and Adopt a Resolu+on Amending the 2025-26 Fiscal Year Capital Improvement Plan and Budget for project 92021 Traffic Signal Improvement project at Sumner Avenue and 68th Street; and

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

Summary
The City successfully applied for and received state funding for the Traffic Signal Improvement Project at Sumner Avenue and 68th Street through the Highway Safety Improvement Program (HSIP) Cycle 12. The project is designated as HSIPSL-5466(014). The total es+mated construc+on cost is $721,800, with $642,402 (89%) funded by HSIP and the remaining por+on covered by local matching funds. This project is iden+fied as a 'Cri+cal' project in the City’s Five-Year Capital Improvement Plan for FY2025-26 through FY2029-30, under Project No. 92021.

The project scope includes design and construc+on of a new traffic signal at the intersec+on of 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Sumner Avenue and 68th Street, which is currently controlled by a three-way stop. Addi+onal improvements include modifica+on to signage and striping, as well as the construc+on of ADAcompliant pedestrian facilities to enhance safety and traffic circulation.

On June 10, 2025, the City issued Request for Proposal (RFP) No. 25-118EG to solicit proposals from qualified engineering firms, following Caltrans procurement guidelines and City procedures.

Proposals were due on July 8, 2025. A total of six (6) proposals were received via PlanetBids from the following firms: STC Traffic, Inc.; Kimley-Horn & Associates, Inc.; Iteris, Inc.; AGA Engineers, Inc.; AYCE Consul+ng Engineers, Inc.; and Engineering Resources of Southern California, Inc. AIer a thorough review, STC Traffic, Inc. (STC) was selected as the top-ranked firm based on technical competency, project approach, scope understanding, and experience with HSIP-funded projects in Riverside County and Eastvale’s Limonite Avenue corridor.

Staff recommends awarding the contract to STC for engineering design services to develop project plans, specifications, and cost estimates.

Background
The City of Eastvale received a grant to install a new traffic signal that will enhance safety and accessibility at the Sumner Avenue and 68th Street intersec+on, improving condi+ons for all road users. In 2019, the city completed an all-way stop conversion, implemented aIer five collisions in a 12-month period when Sumner Avenue was a through street and 68th Street was stop-controlled, did not reduce collisions, with increased incidents from 2020-2023 The City’s 2020 Systemic Safety Analysis Report (SSAR) and 2023 Local Roadway Safety Plan ranked it as the third highest collision unsignalized intersec+on, documen+ng 24 collisions from 2016-2023, including a pedestrian fatality in February 2023 when a vehicle struck a pedestrian crossing Sumner Avenue. A February 2024 traffic signal warrant study confirmed the need for a signalized intersec+on, driven by significant traffic volumes and ongoing rear-end and broadside collisions. The HSIP Cycle 12 grant applica+on to Caltrans proposed a new traffic signal and ADA-compliant curb ramps and detectable warning surfaces to address safety and accessibility deficiencies.

STC Traffic design services, per their Technical Proposal, include topographic surveys, u+lity coordina+on, traffic data collec+on, and prepara+on of plans, specifica+ons, and cost es+mates for the proposed improvements, along with a CEQA No+ce of Exemp+on and up to three community workshops to incorporate stakeholder feedback.

Upon approval of this agreement, staff will collaborate with STC to develop the Plans, Specifica+ons, and Es+mate (PS&E). Based on STC’s current schedule, the final PS&E is expected to be completed by February 25, 2026. The finalized PS&E package will then be submiNed to Caltrans for approval, along with the construc+on alloca+on request. Pending that approval, the project is tenta+vely scheduled to be advertised for construction bidding in April of next year.

Environmental
Approval of the agreement is categorically exempt from California Environment Quality Act (CEQA) review under the CEQA Guidelines Section 15303.

Strategic Plan Action - Priority Level: 2 | Target #: 5 | Goal #: 7 Improve traffic mobility and management throughout the City's major corridors 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Fiscal Impact
The project is par+ally funded through HSIP Cycle 12, with a total grant of $642,402 and a local contribu+on of $79,398. For the PE phase, $53,400 is funded by HSIP, with a local contribu+on of $6,600, totaling $60,000.

The total fiscal impact for approval of the Professional Services Agreement with STC Traffic, Inc. is $60,000. Capital Improvement Plan Budget totaling $60,000 was appropriated in the fiscal year 2025-26 budget within the Measure A Fund, and a HSIP Grant within the Miscellaneous Grants Fund.

Staff recognized that Measure A funding was appropriated for this project, however more restric+ve Development Impact Fee (DIF) Transporta+on funding was available for this project. As a result, staff recommends upda+ng the Capital Improvement Plan and Budget to reflect the use of DIF funds instead of Measure A funds for both fiscal years 2025-26 and 2026-27. A budget resolu+on is necessary to appropriate funds in the DIF Transporta+on Fund and reduce the Measure A budget.

Approximately $2.1 million in fund balance is available to be appropriated in the DIF Transporta+on fund. The updated budget for the project is reflected below:

Account Fund
Adopted Fiscal
Year 2025-26
Amended
Fiscal Year
2025-26
Adopted
Fiscal Year
2026-27
Amended
Fiscal Year
2026-27
210-510-6660-
92021 Measure A 9,570 0 69,828 0
290-510-6660-
92021
DIF
Transportation
0 9,570 0 69,828
240-510-6660-
92021
HSIP 53,400 53,400 564,972 564,972
Total Budget 87,000 87,000 634,800 634,800
Prior City Council/Commission Action
Not applicable.

Attachment(s)
Attachment 1 - Vicinity Map
Attachment 2 - PSA with STC Traffic
Attachment 3.1 - Exhibit A Technical Proposal
Attachment 3.2 - Exhibit A Cost Proposal
Attachment 4.1 - Exhibit A to Resolution
Attachment 4 - Budget Resolution
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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HSIP Cycle 12
Traffic Signal Improvements at Sumner Ave and 68th Street Location and Vicinity Map
N
Proposed Improvements
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AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF EASTVALE, CALIFORNIA
AND
STC TRAFFIC, INC.

This Agreement for Services (“Agreement”) is entered into as of this 14th day of August, 2025 (“Effective Date”) by and between the City of Eastvale, a municipal corporation (“City”) organized under the laws of the State of California, and STC Traffic, Inc., a California Corporation with its principal place of business at (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. The City has sought, through a competitive procurement process via Request for Proposal (RFP) No. 25-118EG, the performance of professional engineering services for the Traffic Signal Improvement Project at Sumner Avenue and 68th Street, as defined and described particularly in Section 2 of this Agreement.

B. Contractor, STC Traffic, Inc., following submission of a technical and cost proposal in response to RFP No. 25-118EG, was selected by the City as the top-ranked firm based on their technical competency, project approach, understanding of the scope, and relevant experience 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.

SECTION 1. TERM OF AGREEMENT.

The Term of this Agreement is for one (1) year commencing on the Effective Date (“Term”) unless earlier terminated as provided in Section 20 “Termination of Agreement”.

Contractor shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines.

SECTION 2. SCOPE OF SERVICES.

Contractor agrees to perform the services set forth in Contractor’s Proposal, attached hereto as Exhibit “A” “Proposal” (hereinafter, the “Services”) and made a part of this Agreement by this reference. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, 585
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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. Only the portions of Contractor’s Proposal which describe the Services to be provided and the compensation for such Services shall be incorporated into this Agreement. Other information, terms and conditions contained in the Proposal are not incorporated into this Agreement shall be of no force or effect. If there is any conflict between the body of this Agreement and the Contractor’s Proposal, the body of this Agreement shall govern.

SECTION 3. ADDITIONAL SERVICES.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “A”. The total compensation, including reimbursement for actual expenses, shall not exceed sixty thousand dollars ($60,000.00), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. (b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “A” 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. 586
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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. 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 MATERIALS; EXCEPTIONS; WARRANTY. (a) Documents and Data. 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 (“Materials”) 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 Materials. .
(b) If and to the extent that City utilizes for any purpose not related to this Agreement any Materials 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 Materials.
(c) 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.
(d) Contractor warrants that all Materials it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Contractor understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Materials generated by such AI tools to City and representing it as Contractor’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, City specifically rejects ownership of such Materials. Contractor is required to indemnify and defend City to the fullest extent allowed by applicable law should it violate this Section.
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SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed 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. 588
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(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.
(a) Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Proposal” 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.
(b) Contractor warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of Services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
(c) Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Contractor shall at all times enforce strict discipline and good order among its employees. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Services, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Services to be performed by the Contractor and shall not be reemployed on the Services.

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 and such 589
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licenses, permits and approvals shall be maintained throughout the Term of 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
Contractor represents that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall obtain a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, Contractor may view a copy of the prevailing rates of per diem wages at the City. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

SECTION 12. NONDISCRIMINATION.

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 590
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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 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. Contractor shall not use City’s name or insignia, photographs, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. (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 591
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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.
(d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor.

However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
(a) Design Professional Indemnification. Contractor is a “design professional” as defined in Civil Code Section 2782.8. In accordance with Civil Code Section 2782.8, 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 claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, its officers, agents, employees or sub-consultants (or any entity or individual that Contractor shall bear the legal liability thereof). In the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City, its contractors and other design professionals, and Contractor, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence.

Notwithstanding the foregoing, in the event one or more defendants are unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Contractor shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to Contractor’s duty to defend shall not apply if there is a projectspecific general liability policy of insurance that insures all project participants for general liability exposure on a primary basis and also covers all design professionals involved with the project for their legal liability arising out of their professional services on a primary basis.
(b) 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 592
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additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(c) City’s Negligence. The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

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

SECTION 18. ASSIGNMENT.

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. If City doe not agree to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.

SECTION 20. TERMINATION OF AGREEMENT.
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(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) 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. (c) 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.

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, in the sole discretion of the City. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

SECTION 23. COOPERATION BY CITY.

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.
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SECTION 24. NOTICES.

To City: City of Eastvale
Attn: City Engineer
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: STC Traffic, Inc.

Attn: Jason Stack
5973 Avenida Encinas, Suite 218
Carlsbad, CA 92008
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

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 595
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Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "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.

SECTION 35. ELECTRONIC SIGNATURE.

The Parties agree that the Parties may use electronic signatures to execute this Agreement. Such signatures shall have the same force and effect as if this Agreement were executed by hand. Contractor agrees to indemnify, defend, and hold the City harmless from any claim, damage, or liability associated with transmitting an electronic signature or an electronically signed record by electronic transmission.

SECTION 36. DATA PROTECTION.
a) Contractor shall protect, using the most secure means and technology that is commercially available, City-provided data or consumer-provided data acquired in the course and scope of this Agreement, including but not limited to customer lists and customer credit card or consumer data, (collectively, the “City Data”). Contractor shall notify City in writing as soon as reasonably feasible, and in any event within twenty-four (24) hours, of Contractor’s discovery or reasonable belief of any unauthorized access of City Data (a “Data Breach”), or of any incident affecting, or potentially affecting City Data related to cyber security (a “Security Incident”), including, but not limited to, denial of service attack, and system outage, instability or degradation due to computer malware or virus. Contractor shall begin remediation immediately. Contractor shall provide daily updates, or more frequently if required by City, regarding findings and actions performed by Contractor until the Data Breach or Security Incident has been effectively resolved to City’s satisfaction. Contractor shall conduct an investigation of the Data Breach or Security Incident and shall share the report of the investigation with City. At City’s sole discretion, City and its authorized agents shall have the right to lead or participate in the investigation. Contractor shall cooperate fully with City, its agents and law enforcement. b) If City is subject to liability for any Data Breach or Security Incident, then Contractor shall fully indemnify and hold harmless City and defend against any resulting actions.

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
STC TRAFFIC, INC.
____
Jason Stack
President
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EXHIBIT "A"

PROPOSAL
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EXHIBIT "B"

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 600
4921-6086-1527 v1
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:

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 601
4921-6086-1527 v1
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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HSIP Cycle 12 Project - HSIPL-5486 (014)
Traffic Signal Improvement Project at
Sumner Ave and 68th St
No. 25-118EG
STC Traffic, Inc
Mailing and Business Address:
5973 Avenida Encinas, Suite 218
Carlsbad, CA 92008
Principal Contact: Jason Stack, President
P: (760) 602-4290
Submitted By:

Proposal For:

City of Eastvale | July 8, 2025
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ID Task Name Duration Start Finish 1 Project Design 137 days Tue 8/19/25 Wed 2/25/26 23456789101112131415161718192021 Notice to Proceed Kick-off Meeting Progress Meeting #1 Progress Meeting #2 Progress Meeting #3 Task 2.1. As-Built Research & Utility Coordination Task 2.2. Field Meeting & Field Work Task 2.3. Topographic Survey Task 3. Environmental Documentation Task 4. Preliminary Engineering (30% Design) 30% Conceptual Design/Basis of Design 30% Conceptual Design City Review Task 6. PS&E 60% PS&E 60% PS&E City Review 90% PS&E 90% PS&E City Review 100% PS&E Task 7. Bidding Assistance Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Qtr 3, 2026 STC Task City Task Milestone Summary Project Schedule STC Traffic - Traffic Signal Improvement Project at Sumner Ave and 68th St July 8, 2025 638
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- agree to the terms and conditions of this
(Exhibit I
proposal.
said terms and conditions.

LEGAL NAME OF COMPANY PHONE NUMBER

BUSINESS ADDRESS

PRINTED NAME OF AUTHORIZED AGENT TITLE

SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS

FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE)
City of Eastvale Page 50 of 53 RFP No. 25-118EG
STC Traffic, Inc.
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(1)
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person e of a Member of
undersigned shall complete and submit Standard FormThe prospective participant also agrees by submitting his or her bid or proposal that he or she shall rtify and disclose accordingly.

City of Eastvale Page 52 of 53 RFP No. 25-118EG 658
As suppliers of goods or services to the City of Eastvale the Firm listed below certifies that it does not discriminate in its employment with regard to race color religion sex or national origi that it is in compliance with all federal state and local directives and executive orders regarding non-discrimination in employment and that it agrees to demonstrate positively and aggressively the principle of e al opportunity in employment.

WE AGREE SPECIFICALL

1. To ta affirmative steps to hire minority employees with the company.

2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels.

3. To communicate this policy to all persons concerne including all company employees outside recruiting services especially those servicing minority communities and to the minority communities at large.

FIRM ____________________________________________________________________________ TITLE OF PERSON SIGNING _______________________________________________________ SIGNATURE _____________________________________________________________________ Please include any additional information available regarding e al opportunity employment programs now in effect within your company.
_____________________________________________________________________________________ City of Eastvale Page 53 of 53 RFP No. 25-118EG
DATE
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Employee Name Blough,
Rob
Lambarth,
Christian Kern, Phil Walters, Joseph
O'Neal,
Trevor
Calvada
Classification Principal
Manager II
Principal
Manager I
Principal
Engineer
Project
Engineer III
Project
Engineer I
Topographic
Survey
Standard Billing Rate $280.00 $260.00 $270.00 $220.00 $150.00 Lump Sum Task Task Description Total
Hours
Total Cost
Task 1 Project Management 4 - - - - 4 $ 1,120.00
Task 2.1 As-Built Research and Utility and Right-of-Way Coordination - - - 2 4 6 $ 1,040.00 Task 2.2 Field Meeting & Field Work - - - 6 - 6 $ 1,320.00 Task 2.3 Topographic Survey - - - - - $ 6,050.00 - $ 6,050.00 Task 3 Environmental Documentation - - - 4 - 4 $ 880.00 Task 4 Preliminary Engineering (30% Design) 4 1 - 14 30 49 $ 8,960.00 Task 5 Utility and Right-of-Way Coordination - - - - - - See Task 2.1 Task 6.1 Plans (Traffic Signal, Signing/Striping, Civil at 60%, 90%, 100%) 5 2 7 32 103 149 $ 26,300.00 Task 6.2 Specifications 2 - 2 5 12 21 $ 4,000.00
Task 6.3 Engineer's Cost Estimate 2 - 2 2 6 12 $ 2,440.00 Task 6.4 Funding Allocation Request (Included) - 1 2 10 - 13 $ 3,000.00 Task 7 Bidding Assistance 2 - - 15 - 17 $ 3,860.00
19 4 13 90 155 281
$5,320.00 $1,040.00 $3,510.00 $19,800.00 $23,250.00 $ 6,050.00 $ 58,970.00 $ 1,000.00
$ 59,970.00
Cost Proposal
Total Hours
ODC: Other Direct Costs (Traffic Counts)
Subtotal Labor
STC Traffic | City of Eastvale - Traffic Signal Design at Sumner Avenue and 68th Street Total Cost
STC Traffic, Inc. | City of Eastvale – Traffic Signal Improvement Project at Sumner and 68th Street 666 City of Eastvale
Fiscal Year 2025-26
Annual Operating Budget
Capital Improvement Plan: Roadway Safety/Traffic Improvements Traffic Signal Improvement at Sumner and 68th
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Project Phases
Design/Engineering 87,000
Property Acquisition
Construction 634,800
Total 87,000 634,800 - - -
Program Financing
DIF Transportat290-510-6660 9,570 69,828
HSIP 240-510-6660 77,430 564,972
Total 87,000 634,800
Project Title: Traffic Signal Improvement at Sumner and 68th Project Number: 92021
Project Categroy: Roadway Safety/Traffic Improvements
Project Priority: Critical
Program Year Initiated: FY 2024-2025
Construction Year: FY 2026-2027
Project Estimate: $721,800
Project Description: The City received a HSIP grant from Caltrans to design and install traffic signals at the intersection of Sumner Ave and 68th Street.

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ www.eastvaleca.gov 667
RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING ITS 2025-26 FISCAL YEAR CAPITAL IMPROVEMENT PLAN AND CAPITAL

IMPROVEMENT BUDGET FOR THE TRAFFIC SIGNAL IMPROVEMENT PROJECT AT SUMNER AVENUE AND 68TH STREET.

WHEREAS the Capital Improvement Plan and Budget for fiscal year 2025-26 through 2029-30 of the City of Eastvale has been adopted by this Council in its original form, and said plan and budget will need to be amended at times to fulfill the goals of the City; and WHEREAS, the City departments may not exceed, transfer, or adjust their Capital Improvement Plan appropriations without the consent of the City Council; and WHEREAS, a new funding source for the Traffic Signal Improvement project at Sumner Avenue and 68th Street has been identified and requires an amendment to the Capital Improvement Plan and Budget; and
WHEREAS, staff desiresto adjust the 2025-26 Capital Improvement Plan and Budget to recognize the Transportation Development Impact Fee funding sources available for this project and similarly reduce the Measure A funding budget and set aside the funds for a different use; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

SECTION 1. AUTHORIZE AN AMENDMENT TO THE TRAFFIC SIGNAL IMPROVEMENT PROJECT AT SUMNER AVENUE AND 68TH STREET PROJECT NUMBER 92001 FOR FISCAL YEARS 2025-26 AND 2026-27.

SECTION 2. AUTHORIZE AN APPROPRIATION IN THE DIF TRANSPORTATION FUND, STREETS ACCOUNT NO. 290-510-6660-92021-0000 IN THE AMOUNT OF $9,570 FOR FISCAL YEAR 2025-26.

SECTION 3. AUTHORIZE AN APPROPRIATION REDUCTION IN THE MEASURE A FUND, STREETS ACCOUNT NO. 210-510-6660-92021-0000 IN THE AMOUNT OF $9,570 FOR FISCAL YEAR 2025-26.

SECTION 4. AUTHORIZE AN AMENDMENT TO THE 2026-27 BUDGET PLAN FOR PROJECT 92021, ACCOUNT NO. 290-510-6660-92021-0000 IN THE AMOUNT OF $69,828.

SECTION 5. AUTHORIZE AN AMENDMENT TO THE 2026-27 BUDGET PLAN FOR PROJECT 92021, AND REDUCE BUDGET IN ACCOUNT NO. 210-510-6660-92021-0000 IN THE AMOUNT OF $69,828.

SECTION 6. THE CAPITAL IMPROVEMENT PLAN PROJECT NO. 92021 BUDGET PAGE HAS BEEN UPDATED TO REFLECT THESE CHANGES AND IS REFERENCED AS EXHIBIT “A” TO THIS RESOLUTION.
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PASSED, APPROVED AND ADOPTED this 13th day of August 2025. __________________________________________
Mike McMinn
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney Government Services Director/City Clerk
669

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )

I, Marc A. Donohue, Government Services Director/City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 25-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 13th day of August 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
Government Services Director/City Clerk
670

AGENDA STAFF REPORT
City Council/Eastvale Public Financing Authority Meeting

CONSENT CALENDAR
Agenda Item No. 11.17
August 13, 2025
Fourth Amendment to Agreement for Law Enforcement Services Between the City of Eastvale and the County of Riverside on Behalf of the Riverside County Sheriff's Department adding an Addi2onal Dedicated Sergeant Position and increased patrol hours.

Prepared By:

Johnny Terfehr, Community Safety Director
Recommended Action(s)
Staff recommends that the City Council authorize the mayor to approve the fourth amendment to the Agreement with the County of Riverside through the Sheriff’s Department to provide Law Enforcement Services to the City of Eastvale, which includes an addi#onal sergeant posi#on and increased patrol hours.

Summary
Since incorpora#on in 2010, the City has enjoyed a partnership-focused rela#onship with the Riverside County Sheriff's Department to provide law enforcement services to the residents, visitors, and the business community in Eastvale. The City Council has con#nuously placed a focus on ensuring services in patrol hours and/or staffing are appropriate to improve public safety and quality of life in Eastvale. The fourth Amendment to the Agreement for Law Enforcement Services with the City of Eastvale, increases the level of law enforcement service provided by the Riverside County Sheriff Department with an addi#onal dedicated Sergeant posi#on and increased patrol hours from 96 to 108 hours.

Background
The County of Riverside Sheriff's Department has provided the City of Eastvale with law enforcement 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
671
services since 2010. As set forth by the agreement between the City of Eastvale and Riverside County, the Sheriff's services shall encompass du#es and func#ons of the type falling under the jurisdic#on of and customarily rendered by a police department of the City under State statutes.

Such services include the enforcement of State Criminal Codes and all per#nent City criminal codes and ordinances. Services shall also include traffic enforcement and related services to the extent possible given the size of the force provided for in the agreement and amendments.

The following shows the increasing levels of service provided through the agreement between the Sheriff's Department and the City since July 1, 2011:

Start Date End Date Services
7/1/2011 6/30/2016
70 supported hours per day / 1 traffic officer, 2 zone policing officers, 2 CSO's traffic, 1 CSO patrol
7/11/2012 6/30/2016
70 supported hours per day / 2 traffic officers, 2 zone policing officers, 2 CSO's traffic, 1 CSO patrol
8/24/2013 6/30/2016
80 supported hours per day / 2 traffic officers, 2 zone policing officers, 2 CSO's traffic, 1 CSO patrol
7/1/2016 6/30/2021
90 supported hours per day / 2 traffic officers, 2 zone policing officers, 1 motor officer, 2 CSO's
5/8/2018 6/30/2021
100 supported hours per day / 2 traffic officers, 2 zone policing officers, 2 motor officers, 2 CSO's
5/27/2020 6/30/2021
*92 supported hours per day / 2 traffic officers, 2 zone policing officers, 2 motor officers, 4 CSO's
7/1/2021 6/30/2026
92 supported hours per day / 2 traffic officers, 4 zone policing officers, 2 motor officers, 4 CSO's
1/13/2022 6/30/2026
96 supported hours per day / 2 traffic officers, 4 zone policing officers, 4 motor officers, 4 CSO's
6/28/2023 6/30/2026
96 supported hours per day / 2 traffic officers, 4 zone policing officers, 4 motor officers, 6 CSO's, 1 Commercial enforcement officer 7/24/2024 6/30/2026
96 supported hours per day / 2 traffic officers, 4 zone policing officers, 4 motor officers, 6 CSO's, 1 Commercial enforcement officer, 1 Sergeant 8/13/2025
(Proposed)
6/30/2026
108 supported hours per day / 2 traffic officers, 4 zone policing officers, 4 motor officers, 6 CSO's, 1 Commercial enforcement officer, 2 Sergeants * on 5/27/2020, the daily hours were reduced slightly but the City added two CSO's which provided a net increase of Deputy availability for calls (per data analysis provided by Riverside County Sheriff).

To support con#nued improvements in service delivery to Eastvale residents, the Fiscal Year 2025/2026 budget includes funding for an addi#onal dedicated Sergeant posi#on. The proposed contract amendment incorporates this posi#on, which will provide direct supervision over the City’s traffic division. This division consists of two traffic enforcement officers, four motor officers, one commercial enforcement officer, and two Community Service Officers (CSOs). The amendment also increases daily patrol hours from 96 to 108, further enhancing public safety coverage and response capabilities.

Below is the level of service proposed with this amendment:
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
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Average Patrol Services:
108 supported hours per day (Equivalent of 21 Deputy Sheriff posi#ons @ 1,884 annual produc#ve hours per position)
Dedicated Positions:

Two (2) Sheriff Sergeant position
Two (2) Deputy Sheriff (fully supported) positions – Traffic Enforcement Officers Four (4) Deputy Sheriff (fully supported) positions – Zone Policing Officers (Set Team) Four (4) Deputy Sheriff (fully supported) positions – Motorcycle Team One (1) Deputy Sheriff (fully supported) position – Commercial Enforcement Officer Six (6) Community Service Officer II positions
Environmental
Not applicable
Strategic Plan Action - Priority Level: N/A | Target #: G | Goal #: E Right-size the organiza#on and staffing consistent with City services, needs, expecta#ons, and strategic plan priorities (Target G, Goal E) and
Identify and recommend tools necessary for optimal employee performance (Target G, Goal C) Fiscal Impact
There are sufficient funds for the exis#ng and proposed addi#onal law enforcement staffing in the adopted fiscal year 2025-2026 budget, General Fund, Police Services account 100-400-6452.

Prior City Council/Commission Action
The City Council contracted law Enforcement Services between the City of Eastvale and the County of Riverside on Behalf of the Riverside County Sheriff’s Department on the following dates:

December 16, 2010
February 2, 2011
July 1, 2016
February 14, 2018
July 9, 2021
January 13, 2022
June 28, 2023
July 24, 2024
Attachment(s)
Attachment 1 - Original Agreement for Law Enforcement Services for FY 2021 to 2026 Attachment 2 - First Amendment to Law Enforcement Services Agreement 01.13.22 Attachment 3 - Second Amendment to Law Enforcement Services Agreement 06.28.23 Attachment 4 - Third Amendment to Law Enforcement Services Agreement 7.24.24 Attachment 5 - Fourth Amendment to Law Enforcement Services Agreement 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
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AGREEMENT FOR LAW ENFORCEMENT SERVICES

BETWEEN THE CITY OF EASTVALE

AND THE COUNTY OF RIVERSIDE
THIS AGREEMENT is made and entered into by and between the CITY OF EASTVALE a General Law City, hereinafter " City," and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of the Riverside County Sheriff' s Department, hereinafter " County."
IT IS THEREFORE AGREED AS FOLLOWS:

I. TERM

1. 1 Effective Dates. This Agreement shall be effective from July 1, 2021 through June 30, 2026.

1. 2 Renewal. In the event City desires to terminate this Agreement at the end of any current five ( 5) year period, the City Council, not later than twelve ( 12) months preceding the expiration date of the current tern of this Agreement, shall notify the Sheriff and the Board of Supervisors that it wishes to terminate the same.

1. 3 Termination. Notwithstanding the provisions of Paragraphs 1. 1 and 1. 2 herein, either party may terminate this Agreement upon notice in writing to the other party of not less than twelve ( 12) months prior to the effective termination date.

2. SCOPE OF SERVICE

2. 1 Services. The County agrees, through Sheriff thereof, to provide municipal police protection within the corporate limits of City to the extent and in the manner hereinafter set forth.

It is understood that the Sheriffs Department shall be the sole provider of general and specialized law enforcement services within the corporate limits of City. City shall not hire any other persons or company to provide general and specialized law enforcement services within the corporate limits of City. However, City is not precluded by any language in this section from hiring an unarmed code enforcement unit. The Sheriffs services shall encompass duties and functions of the type falling under the jurisdiction of and customarily rendered by a police department of the City under State statutes. Such services shall include the enforcement of State Criminal Codes and all pertinent City criminal codes and ordinances. Services shall also include traffic enforcement and related services to the extent possible given the size of the force provided for in this Agreement. County agrees to provide all investigative support necessary to complete criminal investigations conducted hereunder. However, all investigator overtime will be charged City at the Board of Supervisors approved hourly overtime rate.

I
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2. 2 California Identification System ( CAL -ID) and Records Management System.

RMS) City agrees as a condition of receiving services hereunder to participate in CAL -ID and RMS under the terms and conditions set forth in this Section and to pay for these services under separate billings.

2. 2A Definitions. For purposes of this Agreement, the following are some of the more common definitions which shall apply, but shall not be limited by this reference:
a) Records Management System ( RMS) Functions shall mean the software functions provided to City by County, which are supplied by the RMS. These functions shall include inquiry and case entry into the RMS, access to the Master Name Index, Warrant and Master Location Index and Jail Locator databases. b) The California Law Enforcement Telecommunications System Access CLETS) shall mean that access to the Department of Justice computers provided by County to City.
c) Work Station shall mean those County devices and software, which are used by City to access RMS functions and the CLETS.
d) LAWNET shall mean the County' s law enforcement telecommunications network consisting of County provided data circuits, digital service units, routers, hubs and other County provided hardware and software that is used by City to connect work stations to RMS services as defined below. e) County Services shall mean the collective hardware and software, work LAWNET, stations, RMS functions and CLETS.

2. 213 Scone of RMS Services. County agrees to provide to City full access to the RMS and CLETS systems. CLETS access will be provided within the scope of CLETS access rules and regulations as established by the California State Department of Justice.

2. 2C Provision of RMS Supervision, Labor and Equipment. Supervision over the provision of County Services, the standards of performance and other matters incident to the performance of such services, shall remain with County. Security of the host system and control of LAWNET shall remain with County. The County shall furnish all labor and equipment for the host system necessary to maintain the level of service rendered hereunder. In the event City chooses to provide PC -based equipment for services defined herein, the equipment must be configured in accordance with County specifications.

Further, City shall not alter the configuration of any PC -based equipment used to provide services herein without the permission of Sheriffs Information Technology Officer. 2 675
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2. 21) Establishment of RMS Rates and Payment of Costs. Establishment of RMS rates and payments for provided services shall be as specified in Sections 7. 2 and 7. 4 of this Agreement.

3. LEVEL OF SERVICE

3. 1 Level of Service Specified. County shall provide all law enforcement services at the level specified in Attachment A, attached hereto and incorporated herein by this reference.

3. 2 Variation in Level of Service. Variations in the level of service shall be made by amendment, as provided for in Section I 1 of this Agreement, and under the following terms:

If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of service as soon as is practicable, consistent with the ability ofthe Sheriff to hire and train recruits.

If City elects to reduce the level of service provided herein by ten percent ( 10%) or greater, City must give notice in writing to County not less than twelve ( 12) calendar months prior to the effective date of such reduction. If City elects to reduce the level of service provided herein by less than ten percent ( l0°/u), County agrees to reduce the level of service accordingly as soon as it is practicable. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety.

4. CHIEF OF POLICE
The Sheriff will, to the extent practical, coordinate appointment of a Police Chief with City and consult with City on final selection for the position.

5. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT

5. 1 Supervision. Supervision over the rendition of law enforcement services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain with County. The Sheriff or a designated representative will meet and confer with the City Manager or a designated representative on questions related to the provision of services.

5. 2 Labor and Equipment. For the purpose of performing said services, County shall furnish and supply all labor, supervision, equipment, communication services, and supplies necessary to maintain the level of service to be rendered hereunder. Location of the above will not necessarily be within City limits. Notwithstanding anything herein contained, it is agreed that in all instances where specific equipment used solely to support specialized enforcement activities within the City not normally provided by the Sheriff is to be used, or where special supplies, stationery, notices, forms, and the like related to law enforcement are to be issued in the name of City, such equipment and materials shall be supplied by City at its own cost and expense. Any such special equipment or materials so purchased by City shall meet with the 676
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Sheriffs specifications shall remain within the City limits, and ownership title thereto shall remain with City.

However, under no circumstances shall City purchase or otherwise provide general patrol vehicles for services provided pursuant to this agreement without permission of Sheriff. The County shall provide all marked general Patrol vehicles to City and shall charge City for their use on a per mile basis.

5. 3 City -Owned Motorcycles and Specialized Support Vehicles. In the event City chooses to provide motorcycles or specialized support vehicles for use in providing services hereunder, the motorcycles or specialized support vehicles shall meet minimum specifications furnished by County, shall be adequately equipped and ready for use, and shall be registered in the name of City. It is further understood that City is providing motorcycles or specialized support vehicles to Sheriff expressly for law enforcement services and shall only be operated by Sheriff' s personnel, or persons authorized by the Sheriff.

City shall bear the cost of maintenance, fuel, licensing, and any and all expenses associated with use of the motorcycles and specialized support vehicles for the provision of services hereunder, which is inclusive of responsibility for any and all cost for physical damage to the City -owned motorcycles or specialized support vehicles. However, County shall be responsible for the cost of all third party liability caused by the operation of the City -owned motorcycles or specialized support vehicles, including the property damage caused by the negligence or wrongful acts of County officers and employees while operating City -owned motorcycles and specialized support vehicles. Motorcycles and specialized support vehicles shall be used only for city -approved functions.

5. 4 Vehicle Insurance. City shall maintain insurance for any physical damage to the City -owned vehicles in an amount equal to the replacement value of all vehicles provided to the County under this agreement. Policy shall, by endorsement, name the County of Riverside, its Departments, Districts, Agencies and Special Districts, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, or representatives as Additional Insureds. Such insurance may be provided through a program of self-insurance.

General Insurance Provisions - All lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: Vlll A: 8) unless such requirements are waived, in writing, by the County Risk Manager.

If the County' s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. b. The City shall cause their insurance carrier( s) to furnish the County of Riverside with 1) a properly executed original Certificate( s) of Insurance and certified original copies of Endorsements effecting coverage as required herein; or, 2) if requested to do so orally or in writing by the County Risk Manager, provide original certified copies of policies including all Endorsements and all attachments thereto, showing 4 677
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such insurance is in full force and effect. Further, said Certificate( s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty ( 30) days written notice be given to the County of Riverside prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages and the insurance required herein are in full force and effect. Individual( s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. If County is utilizing City -owned vehicles, operations shall not commence until the County of Riverside has been furnished original Certificate ( s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section.
c. It is understood and agreed by the parties hereto and the City' s insurance company( s), that the Certificate( s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County' s insurance and/ or deductibles and/ or self -insured retentions or self -insured programs shall not be construed as contributory.

6. EMPLOYMENT STATUS OF PERSONNEL

6. 1 Employment Status. Any persons employed by County for the performance of services and functions pursuant to this Agreement shall remain employees of County on special assignment to City for the purposes ofthis Agreement, and shall not be considered employees of City. No such County employee shall have any entitlement to compensation, workers' compensation coverage, pension, or civil service benefits from City.

6. 2 Labor Shortage. In the event of a work slow -down, strike, or any other form of job action by those individuals assigned to City, County agrees to provide only that level of service which may be available through mutual aid, pursuant to Government Code Section 8615, et seq. City shall be billed only for the actual hours of service received.

7. COMPENSATION

7. 1 Payment Basis. City shall reimburse County the cost of rendering services hereunder at rates established by the County Board of Supervisors, which rates shall include all items of cost and expense to the Sheriff for providing the services hereunder. Such cost of services shall be established by the County Board of Supervisors in the form of hourly rates for Sheriffs Department personnel, vehicle mileage rates, facility use rates, RMS transaction fees and CAL - ID fees. " Cost" as used herein shall not include items of expense attributable to services normally provided or available to all territory within the County as part of County' s obligation to enforce 5 678
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State law. In addition to any other fees or costs set forth herein, County may impose on City, and City shall pay upon receipt of an invoice from County, a criminal justice administrative fee consistent with Government Code Section 29550 with respect to arrests made by County employees pursuant to this Agreement just as if such arrests had been made by City employees.

Pursuant to Government Code Section 51350, County shall not charge City for services it would provide to any city in the County free of charge. These services, which are provided at the discretion of County, could typically include the services of the Sheriffs Special Investigations Bureau, Emergency Services Team, Canine Unit and Aviation Unit.

7. 2 Establishment of Costs. The rates to be charged City shall be adjusted periodically, but not more than once each fiscal year, to reflect any changes in the cost to County for providing services hereunder. City shall be notified of any change in the rates to be charged City prior to submittal of the proposed change to the County Board of Supervisors for adoption, and City shall be given the opportunity to review the proposed change with County personnel. City shall, thereafter, be notified of adoption by County of the rates to be charged City, and said new rates shall take effect on the same date as County incurs the associated costs. Should City, subsequent to a rate adjustment, choose not to appropriate or expend any additional monies needed to support the level of service theretofore supplied, County reserves the right to reduce the level of service in accordance with the amount City is willing to expend.

7. 3 Facility Rate Charges. City shall reimburse County for the costs incurred by the Sheriffs Department at County -owned or leased facilities. Costs are prorated according to the facility' s square footage occupied by a Sheriff's Department Bureau or Unit.

7. 3A Calculation of Facility Rates. The total of the facility' s cost components is divided by the appropriate variable number of positions ( number of station funded, sworn department funded or total Department funded employees depending on the facility in question and the Department population served). This cost per funded position is then applied to the number of positions chargeable to the contract city to arrive at each contract city' s share of the facility cost.

The County agrees that Facility Rate Station charges to City will not be increased due to the Sheriffs decision to move Contract or unincorporated County Patrol positions from the Station.

7. 4 Payment of Costs. County, through the Sheriffs Department, shall provide to City within 30 days of the conclusion of each billing period, an itemized statement of the costs for services being charged for said billing period. Billing statements for RMS services will be provided quarterly for services being charged for said quarter. City shall remit payment to the invoicing department within 30 days after receipt of such statements. If such payment is not received by the County within thirty ( 30) days after presentation of billing, County may satisfy such indebtedness from any funds of the City on deposit with County as provided by law pursuant to Government Code Section 907.
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7. 5 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to the level of service described herein, there will be an associated field training cost for each additional position. City will be billed, on a separate invoice, up to a maximum of sixteen ( 16) weeks of training on a one- time basis for each additional Deputy position. Said cost will be charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors.

Billing will be provided for field training costs in conjunction with the rate adjustment billing.

Field training costs will not apply to supervisory or classified positions added to the level of service.

7. 6 Miscellaneous Costs. There are a number of other service costs that City shall be responsible for paying as they are incurred. These costs are not included as the support or service and materials cost components in the fully supported Deputy hourly rate, nor any other such rates established by the County Board of Supervisors. These service costs may include, but are not limited to, charges from vendors for: crime scene clean- up, blood draws, rape exams, polygraph exams, specialized printing jobs exclusive to City and training for personnel requested by City for specialized law enforcement.

8. INDEMNIFICATION AND HOLD HARMLESS

8. 1 Indemnification by City. City shall indemnify and hold harmless the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of City, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. City shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by City, City shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of County; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes City's indemnification of County. City' s obligations hereunder shall be satisfied when City has provided to County the appropriate form of dismissal ( or similar document) relieving the County from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe City' s obligations to indemnify and hold harmless the County.

8. 2 Indemnification by County. County shall indemnify and hold harmless the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of County, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. County shall 7 680
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defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by County, County shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of City; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes County' s indemnification of City. County' s obligations hereunder shall be satisfied when County has provided to City the appropriate form of dismissal ( or similar document) relieving the City from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe County' s obligations to indemnify and hold harmless the City.

9. ADMINISTRATION
The City Manager of City shall administer this Agreement on behalf of City, and the Sheriff shall administer this Agreement on behalf of County.

10. RECORDS
County shall maintain adequate records to discharge its responsibilities under this Agreement, and shall permit inspection of County' s appropriate records that relate to City services under this Agreement, as allowed by law. County shall provide City access to appropriate records pertaining to City services for approval, funding or auditing services, upon reasonable notice. County shall maintain such records for periods of time as provided by law or records retention schedules duly adopted by the appropriate legislative body. Covenants under this Section shall survive the termination of this Agreement.

11. ALTERATION OF TERMS
No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties. No waiver of any term or condition of this Agreement by either parry shall be a continuing waiver thereof.

12. NOTICES
Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below:
681
County
Chad Bianco, Sheriff
Riverside Station
Post Office Box 512
Riverside, California 92502
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CRY
City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Attn: City Manager
or to such other addresses as from time to time may be designated by the respective parties. An information copy of any notice to County shall also be sent to:

Clerk of the Board of Supervisors
County of Riverside
4080 Lemon Street, 1s` Floor
Riverside, California 92501
Notice shall be deemed given when in writing and delivered personally or mailed with confirming delivery receipt addressed as set out above.

13. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

14. STANDARD OF CARE
In performing the police services required by this Agreement, County agrees to use that degree of care and skill ordinarily exercised under similar circumstances by law enforcement officers in performance of the duties required by this Agreement. All Sheriffs personnel who provide general and specialized law enforcement services to City pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification, including a background investigation.

15. JURISDICTION AND VENUE
This Agreement shall be construed under the laws of the State of California. In the event any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County.

16. ENTIRE AGREEMENT
This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. 0 682
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IN WITNESS WHEREOF, the City of Eastvale, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chair of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below.

DatedJu
Dated:

ATTEST:

Kecia R. Harper
Clerk of the Board
By:

Deputy

CITY OF EASTVALE
By:

JocelykYow, Mayor
ATTEST:

Name: kic DonOnVe
Titlep By: --

COUNTY OF RIVERSIDE
Karen Spiegel, Chair
Riverside County Board of Supervisors
APPROVED AS TO FORM:

Gregory P. Priamos
County Counsel
By:

Lisa Sanchez
Deputy County Counsel
lL9
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IN WITNESS WHEREOF. the Cite of Eastvale. by minute order or resolution duly adopted by its City Council. has caused this Agreement to he signed by its Mayor and attested and scaled by its Clerk. and the COUnty of Riverside, b% order of its Board of Supervisors. has caused this Agreement to be subscribed by the Chair of said Board and scaled and attested by the Clerk of said Board. all on the dates indicated Belo%%.

Datcd:\ Jvn pCUal
Dated: JUL 2 0 2021
ATTEST:

Kecia R. Harper
Clerk of the Board
B)
Deputy
J

CITY OP FASTVALE
By'—
Joccly ' ow. Mayor
ATTEST:

Name: 94% DononvC
Title:

By:- Vm ----

COUNTY OF RIVERSIDE
B Klh c,< Sj S2 e Q
Karen Spiegel. Chair
Riverside County Board ol' Supcn isms
APPROVED AS TO FORIM:

Gregory P. Priamos
County Counsel
B):
tsa Smtc•!t z
Dcpuh• County Counsel
10 684
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ATTACHMENT A

CITY OF EASTVALE

LEVEL OF SERVICE
Average Patrol Services
Ninety -Two ( 92) supported hours per day ( Equivalent of approximately 18 Deputy Sheriff positions at 1884 annual productive hours per position.) Dedicated Positions
Two ( 2) Deputy Sheriff (fully supported) positions — Traffic Enforcement Officers Four (4) Deputy Sheriff (fully supported) positions — Zone Policing Officers Two ( 2) Deputy Sheriff (fully supported) positions — Motorcycle Team Four ( 4) Community Service Officer II positions
685
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FIRST AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT

SERVICES BETWEEN THE CITY OF EASTVALE

AND THE COUNTY OF RIVERSIDE
IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside, apolitical subdivision ofthe State ofCalifornia, on behalf ofthe Riverside County Sheriff' s Department, and the City of Eastvale, a General Law City, approved by the Board of Supervisors on July 20, 2021 for services effective July 1, 2021 through June 30, 2026, is hereby amended in the following respects, and all other terms and conditions of the Agreement remain in full force and effect:

1. Attachment A ofthe Agreement is hereby deleted and replaced with the Attachment A- 1 that is attached to this Amendment.

IN WITNESS WHEREOF, the City of Eastvale, by minute order or resolution duly adopted by its City Council, has caused this Amendment to Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Amendment to be signed by the Chair of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below.

Dated: 13 22
Dated:

MAR Q 12022

CITY OF EASTVALE
Clint Lorimore, Mayor
ATTEST:

Name 1 "' orr, borawTitle G ifi o Clete
By.

COUTTOF RIVER I E
By:

J EWI
hair o e Board
Riverside County Board of Supervisors
MAR 0 12022 57— 686
ATTEST:

Kecia R. Harper
Clerk of the Board
By:

Dep ty
APPROVED AS TO FORM:

Gregory P. Priamos
County Counsel
By:
istisre fga- a/ `92
Kristine Bell -Valdez
Deputy County Counsel
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ATTACHMENT A- 1

CITY OF EASTVALE

LEVEL OF SERVICE
Average Patrol Services
96 supported hours per day. ( Equivalent of 19 Deputy Sheriff positions @ 1, 884 annual productive hours per position)
Dedicated Positions
Two ( 2) Deputy Sheriff (fully supported) positions — Traffic Enforcement Officers Four ( 4) Deputy Sheriff ( fully supported) positions — Zone Policing Officers Four ( 4) Deputy Sheriff ( fully supported) positions — Motorcycle Team Four ( 4) Community Service Officer II positions
688
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SECOND AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT

SERVICES BETWEEN THE CITY OF EASTVALE

AND THE COUNTY OF RIVERSIDE
IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside, a political subdivision of the State of California, on behalf of the Riverside County Sheriff' s Department, and the City of Eastvale, a General Law City, approved by the Board of Supervisors on July 20, 2021 in Minute Order 3. 33 for services effective July 1, 2021 through June 30, 2026, as amended in that certain First Amendment on March I, 2022 ( Minute Order 3. 54) collectively, the " Agreement') is hereby amended in the following respects, and all other terms and conditions ofthe Agreement remain in full force and effect:

Attachment A- 1 of the Agreement is hereby deleted in its entirety and replaced with Attachment A- 2, attached hereto to this Second Amendment and incorporated herein by this reference.

IN WITNESS WHEREOF, the City of Eastvale, by minute order or resolution duly adopted by its City Council, has caused this Second Amendment to the Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Second Amendment to be signed by the Chair of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below.

Dated:

Dated: 0 ZOZ 3

CITY OF E STVALE
By: tD
Todd Rigby, Mayor
ATTEST:

Name MaM DonoboC
Title f6+ Cl2iK CommunicutianS D[ r4Glot'
By:

COUNTY OF RIVERSIDE
By:

Kevin Jefferies
Chair of the Board of Supervisors
Riverside County Board of Supervisors
AUG 012023 3.S(p
689
ATTEST:

Kimberly A. Rector
Clerk of the Board
By:

Deputy 00
AUG 012023 3, 5( p
APPROVED AS TO FORM:

County Counsel
By:_
Kelly Moran
Chief Deputy County Counsel
690
ATTACHMENT A- 2

CITY OF EASTVALE

LEVEL OF SERVICE
Average Patrol Services
96 supported hours per day ( Equivalent of 19 Deputy Sheriff positions @ 1, 884 annual productive hours per position)
Dedicated Positions
Two ( 2) Deputy Sheriff (fully supported) positions — Traffic Enforcement Officers Four (4) Deputy Sheriff (fully supported) positions — Zone Policing Officers Four (4) Deputy Sheriff (fully supported) positions — Motorcycle Team One ( 1) Deputy Sheriff (fully supported) position — Commercial Enforcement Officer Six ( 6) Community Service Officer II positions
691
692
693
694
1 FOURTH AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT

SERVICES BETWEEN THE CITY OF EASTVALE

AND THE COUNTY OF RIVERSIDE
IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside, a political subdivision of the State of California, on behalf of the Riverside County Sheriff’s Office, and the City of Eastvale, a General Law City, approved by the Board of Supervisors on July 20, 2021, in Minute Order 3.33 for services effective July 1, 2021 through June 30, 2026, as amended in that certain First Amendment on March 1, 2022 (Minute Order

3.54), and as amended in that certain Second Amendment on August 1, 2023 (Minute Order 3.56), and as amended in that certain Third Amendment on October 8, 2024 (Minute Order 3.20) (collectively, the “Agreement”) is hereby amended in the following respects, and all other terms and conditions of the Agreement remain in full force and effect:

1. Attachment A-3 of the Agreement is hereby deleted in its entirety and replaced with Attachment A-4, attached hereto to this Fourth Amendment and incorporated herein by this reference.

IN WITNESS WHEREOF, the City of Eastvale, by minute order or resolution duly adopted by its City Council, has caused this Fourth Amendment to the Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Fourth Amendment to be signed by the Chair of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below.

CITY OF EASTVALE
Dated:________________ By:___________________________
Michael McMinn, Mayor
ATTEST:

Name
Title
By:_____________________

COUNTY OF RIVERSIDE,
a political subdivision of the State of California
Dated:__________________ By:___________________________ V. Manuel Perez
Chair of the Board of Supervisors
Riverside County Board of Supervisors
Original 1 of 3
695
2 ATTEST: APPROVED AS TO FORM:

Kimberly Rector Minh C. Tran
Clerk of the Board County Counsel
By:____________________ By:_________________
Amrit P. Dhillon
Deputy Deputy County Counsel
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3 ATTACHMENT A-4

CITY OF EASTVALE

LEVEL OF SERVICE
Average Patrol Services
108 supported hours per day (Equivalent of 21 Deputy Sheriff positions @ 1,884 annual productive hours per position).

Dedicated Positions
Two (2) Sheriff’s Sergeant position
Two (2) Deputy Sheriff (fully supported) positions – Traffic Enforcement Officers Four (4) Deputy Sheriff (fully supported) positions – Zone Policing Officers Four (4) Deputy Sheriff (fully supported) positions – Motor Officers One (1) Deputy Sheriff (fully supported) positions – Commercial Enforcement Officers Six (6) Community Service Officer II positions
697

AGENDA STAFF REPORT
City Council/Eastvale Public Financing Authority Meeting

CONSENT CALENDAR
Agenda Item No. 11.18
August 13, 2025
Fourth Contract Amendment with Griffin Structures for the Eastvale Civic Center
Prepared By:

Jimmy Chung, Public Works Director/ City Engineer
Recommended Action(s)
Staff recommends that the City Council:

1. Approve the Fourth Amendment to the Professional Services Agreement with Griffin Structures for providing the Owner's Representa+ve/Program Manager and Bridging Architect services for the Civic Center Parking Structure, increasing the total contract amount by $344,960 and amending the total compensation not-to-exceed amount to $4,468,665; and

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

Summary
At its mee+ng on June 25, 2025, the City Council awarded a construc+on contract to Clark Construc+on for the Eastvale Civic Center project. The Eastvale Civic Center project has been one of the City’s highest priority capital projects. This comprehensive development is designed to create a centralized civic campus that includes a new City Hall (Capital Improvement Project No. 95011), public library (CIP No. 95012), police sta+on (CIP No. 95014), and associated site improvements (CIP No. 95023). These Civic Center projects reflect the City’s long-term vision for improved public service delivery and community engagement.

City Hall: a three-story building, approximately 52,340 SF, that includes public counter spaces, an outdoor amphitheater, a council chamber that could be converted into a stage for performances, conference rooms, and office spaces.
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Library: a two-story building, approximately 25,599 SF, featuring book collec+on areas for all ages, group study rooms, activity spaces, offices, and an occupiable terrace.

Police Sta+on: a two-story building, approximately 22, 021 SF, with one level below grade secured parking.

Site Improvement: An approximately 2.8 acre Civic Park with an amphitheater and a central hardscape Civic Plaza and associated site work around the three buildings: City Hall, library, and police station.

Construc+on is expected to begin in August 2025, with a contract dura+on of 730 calendar days, contractual comple+on in late 2027. As the new Civic Center is an+cipated to significantly increase parking demand, it is crucial to deliver a mul+-story parking structure in a +mely manner to support the Civic Center. The Parking Structure (CIP No. 95024) has been designated as a cri+cal project in the City's Five-Year Capital Improvement Plan for FY 2025–26 through FY 2029–30.

The proposed parking structure loca+on is on Parcel 10, adjacent to Hamner Avenue, and is planned as a multi-story facility with a capacity of approximately 500 parking stalls.

Background
Griffin Structures (Griffin) currently serves as the Program Manager for the Civic Center Project, ac+ng as the City’s Owner’s Representa+ve. Griffin has played a key role in suppor+ng City staff throughout the project delivery process.

For the Parking Structure project, the City plans to u+lize a Design-Build delivery method. Under this approach, a Bridging Architect—contracted through the Owner’s Representa+ve/Program Manager —will develop bridging documents through the Design Development phase. These documents will form the basis for the Design-Build procurement process. Griffin will oversee the solicita+on and selec+on of a Design-Build En+ty (DBE). Upon contract award, Griffin and the Bridging Architect will con+nue to provide oversight through final design development and construc+on, which will be completed by the DBE. At its sole discre+on, the City reserves the right to either move forward with the Design-Build approach or pursue an alternative project delivery method.

Griffin has proposed Choate Parking Consultants, Inc. (CPC) to serve as the Bridging Architect for this effort. Founded in 1998, CPC specializes in parking planning and architectural design. The firm has designed over 200 parking structures, ranging in capacity from 150 to 4,000 spaces, and brings extensive expertise in the delivery of efficient and functional parking solutions.

Environmental
The environment impacts associated with the development of the Civic Center site were assessed in the Program Environmental Impact Report (PEIR) prepared for the Leal Master Plan, and the Addendum to that PEIR prepared for the Amendment to the Leal Master Plan which was adopted by the City Council on May 11, 2022.

Strategic Plan Action - Priority Level: 1 | Target #: 5 | Goal #: 1 The proposed contract contribute to the development of Downtown Eastvale, which can significantly aMract businesses and retailers to establish their presence in the City and create a “Destination Eastvale” with high-quality and unique businesses. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Fiscal Impact
The total fiscal impact for approval of the fourth amendment is $344,960.

The project is inclusive of four CIP projects, City Hall (95011), Library (95012), Police Sta+on (95014), and Civic Center Site Improvement (95023). During the Fiscal Year 2025-26 budget process, budget was iden+fied for the Civic Center Project and broken down by the specific components of the project (buildings and site features). The budget was based on the original conserva+ve cost es+mate received by the city's cost es+mator consultant and as a result the total budget is higher than necessary and relies on more bond proceeds than will be necessary. Staff is working to adjust the final budget to reflect the new cost es+mates and sources of funding. Moreover, the proposed Fiscal Year 2025-26 budget includes adequate budget for the professional services agreements and specific budget amounts for each component of the Civic Center Project are listed below.

FY 2025-26 Project Budget
Fund Account
City Hall
(95011-0000)
Library
(95012-0000)
Police Station
(95014-0000)
Civic Center
Site
Improvement
(95023-0000)
Debt Service Fund 500-500-6650 20,883,540 10,110,015 22,805,000 7,000,000 Public Facilities: City Hall
DIF
292-500-6650 15,221,915
Public Facilities: Library
DIF
296-500-6650 9,889,985
Police Facilities DIF 295-500-6650 4,195,000
Total $36,105,455 $20,000,000 $27,000,000 $7,000,000
Prior City Council/Commission Action
On July 28, 2021, Council authorized staff to start the RFP process for an Owner Representative/Program Manager and Bridging Architect.

On November 2021, the City Council approved a contract with Griffin Structures and subconsultants, LPA (architects), Urban Arena (architects), and Circle Pointe (communica+ons) in the amount of $4,580,000 for outreach, design up to Design Development, and Construc+on Administration
On May 11, 2022, the City Council approved the Downtown Eastvale Master Plan Amendment (Leal Master Plan Amendment) project and the associated Development Agreement.

On October 12, 2022 the City Council authorized the City Manager to execute a contract amendment with Gensler architectural services for $230,000, for a combined amount not-to-exceed $250,000, to perform planning and pre-design services for Downtown Eastvale.

On October 12, 2022, the City Council authorized the City Manager to execute the First Amendment to the Agreement with Griffin Structures to reduce the Scope of Services, retaining Griffin as the Owner Representa+ve/Program Manager for the Civic Center project and elimina+ng sub12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 | eastvaleca.gov
700
consultants, and reducing the total compensa+on amount to $1,845,353 and modifying the delivery method.

On November 30, 2022, the City Council held a workshop on the Civic Center Public Infrastructure Project and set the building sizes for the Civic Center Campus.

On April 26, 2023, the City Council authorized the City Manager to execute the Second Amendment to the Agreement with Griffin Structures to modify the billing structure from a +me-and-materials basis to a fixed fee basis, with no change in the total compensation not-to-exceed amount.

On May 10, 2023, the City Council authorized the City Manager to execute the Third Amendment to the Agreement with Gensler to provide to expand the scope of work to full architectural and design services for the Civic Center project.

On April 9, 2025, the City Council adopted the list of prequalified contractors to bid on the Eastvale Civic Center project.

On June 25, 2025, the City Council awarded the construc+on contract to Clark Construc+on Group - CA, LP.

Attachment(s)
Attachment 1 - Fourth Amendment with Griffin
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4928-0646-9465 v1 -1-
Fourth Amendment to Agreement for Services
[Civic Center Owner’s Representative & Bridging Architect] This Fourth Amendment to Agreement (“Fourth Amendment”) is entered into this 13th day of August, 2025 by and between the City of Eastvale, a California general law city (“City”), and Griffin Structures, Inc., a California corporation (“Contractor”), as follows:

D. City and Contractor entered into a third amendment to the Agreement on or about August 13, 2025 (“Third Amendment’) to revert compensation back to compensation based on time-and-materials rather than a fixed monthly fee, amending the total compensation notto-exceed amount to $4,123,705.00.

E. City desires to retain Griffin to provide Owner’s Representative and Bridging Architect services for the Civic Center Parking Structure. This Fourth Amendment to the Agreement increases the contract amount by $344,960 and amends the total compensation not-to-exceed amount to $4,468,665.00.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Fourth Amendment which modifies and amends the Agreement as follows:

1. AMENDMENT TO SECTION 4(a). Section 4(a) (Compensation and Method of Payment) is amended to increase the total compensation not-to-exceed amount to Four Million Four Hundred Sixty Eight Thousand Six Hundred Sixty Five Dollars ($4,468,665.00).

2. AMENDMENT TO EXHIBIT A. Exhibit A (Scope of Services) to the Agreement is amended to add the following:
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4928-0646-9465 v1 -2-
“Contractor shall provide Owner’s Representative/Construction Project Management and Bridging Architect services for the Civic Center Parking Structure. The parking structure project will use a Design-Build delivery method. Contractor will oversee the development of the Bridging Documents, provide support for bidding and solicitation, review the documents produced by the Design Build Entity (DBE), and provide construction administration. In addition, Contractor will ensure close coordination between the Parking Structure and the Civic Center projects.

Contractor will use the following subcontractors in the performance of these services:

Choate Parking Consultants, Inc. (CPC) - Bridging Architect KPFF – Surveying
Geocon West, Inc. – Geotechnical investigation
The scopes of work included in the proposals submitted to Contractor and City for the Civic Center Parking Structure project dated June 17, 2025 (CPC), July 10, 2025 (KPFF), and January 15, 2025 (Geocon West, Inc.) are hereby incorporated into this Exhibit “A” by reference. No other terms and conditions from said proposals are incorporated herein.”

3. AMENDMENT TO EXHIBIT B. Exhibit B (Compensation) to the Agreement is amended to increase the total compensation not-to-exceed amount to Four Million Four Hundred Sixty Eight Thousand Six Hundred Sixty Five Dollars ($4,468,665.00) and to add the following language at the end of the exhibit:
“Parking Structure: For the Services added to this Agreement by the Fourth Amendment, Contractor will provide program and construction management services at no additional charge. Contractor will pass through subconsultant costs to City with an administrative markup of fifteen percent (15%), for a total lump sum cost to City (including the administrative markup) not-to-exceed $344,960.

4. INDEMNIFICATION. To the extent that Contractor utilizes subcontractors in the performance of the Services that are “design professionals” as defined in California Civil Code Section 2782.8, Contractor’s obligation under Section 16(c) of the Agreement to obtain “an executed indemnity agreement “with provisions identical to those set forth in this section” from a design professional subcontractor shall be satisfied if Contractor obtains an executed indemnity agreement from the design professional subcontractor that substantially conforms to the following:
“Subcontractor is a “design professional” as defined in Civil Code Section 2782.8. In accordance with Civil Code Section 2782.8, subcontractor 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 claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the subcontractor, its officers, 703
4928-0646-9465 v1 -3-
agents, employees or sub-consultants (or any entity or individual that subcontractor shall bear the legal liability thereof). In the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City, its contractors and other design professionals, and subcontractor, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. Notwithstanding the foregoing, in the event one or more defendants are unable to pay its share of defense costs due to bankruptcy or dissolution of the business, subcontractor shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to subcontractor’s duty to defend shall not apply if there is a project-specific general liability policy of insurance that insures all project participants for general liability exposure on a primary basis and also covers all design professionals involved with the project for their legal liability arising out of their professional services on a primary basis.”

5. GENERAL PROVISIONS.
a. Remainder Unchanged. Except as specifically modified and amended in this Fourth Amendment, the Agreement remains in full force and effect and binding upon the parties. b. Integration. This Fourth 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 Third Amendment. c. Effective Date. This Fourth Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the City and Consultant.
d. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Fourth Amendment. e. References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Fourth Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Fourth Amendment.

IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above.

CITY OF EASTVALE:
____________________________
Mark Orme, City Manager
APPROVED AS TO FORM:
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4928-0646-9465 v1 -4-
____________________________
Erica L. Vega, City Attorney
ATTEST:
____________________________
Marc Donohue, City Clerk
GRIFFIN STRUCTURES, INC.
___________________________
Jon Hughes, President & CEO
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AGENDA STAFF REPORT
City Council/Eastvale Public Financing Authority Meeting

CONSENT CALENDAR
Agenda Item No. 11.19
August 13, 2025
Vacancy Status Update
Prepared By:

Maricela Mejia, Assistant HR & Risk Management Director Recommended Action(s)
Staff recommends that the City Council receive and file the August 2025 Vacancy Status Update.

Summary
On September 22, 2024, Governor Newsom signed Assembly Bill (AB) 2561 into law, amending the Meyers-Milias Brown Act by adding Government Code Sec2on 3502.3. This legisla2on requires public agencies to report annually on job vacancies, recruitment ac2vity, and reten2on strategies.

Although the City of Eastvale does not have recognized bargaining units, it remains commi8ed to transparency and compliance with AB 2561.

This report provides an updated snapshot of the City’s vacancy status as of August 4, 2025, following the initial report submitted on May 28, 2025.

Background
The City currently has 77.75 budgeted full-2me equivalent (FTE) posi2ons and 8.25 vacancies, resul2ng in a citywide vacancy rate of 11%. This reflects an increase from the 9.86% vacancy rate reported in May due to new positions added through the FY 2025-26 fiscal year budgeting process.

Department or Division # of Vacancies # of Budgeted FTE's % of Vacancies City Manager .05 2.5 20%
HR & Risk Management 0.0 4.5 0%
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Community Services &
Recreation

2.5 6.0 42%
GS-Communication 0.0 2.0 0%
GS-City Clerk 0.0 4.0 0%
Finance 2.0 10 20%
Community
Development

0.0 2.0 0%
Building & Safety 0.0 8.0 0%
Code Enforcement 1.25 7.25 17%
Public Works 1.0 7.25 17%
Engineering 1.0 11.5 9%
Citywide Vacancies 8.25 77.75 11%
Recruitment Activity (Since May 28, 2025)
The City has successfully filled several positions since the last report:

Landscape & Facilities Maintenance Worker – Started 06/02/2025 HR & Risk Management Intern – Started 06/02/2025
Management Assistant – Started 06/09/2025
Streets Maintenance Worker – Started 06/30/2025
Associate Engineer – Started 07/14/2025
Lead Building Inspector – Started 07/28/2025
Senior Permit Technician – Started 07/28/2025
Recruitments currently in progress include:

Senior/Principal Accountant
Finance Analyst
Construction Inspector
Community Services Coordinator
Community Services Supervisor
Temporary Code Enforcement Officer
Part Time Code Enforcement Officer
Recruitments pending launch:

GIS Analyst
Community Services Leader I
Public Works Intern
City Manager Intern
The City continues to implement strategic retention initiatives, including:

A compensation philosophy positioning salaries 10% above market average Multi-year cost of living adjustments (3.5% annually from FY 24–25 to FY 26–27) 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Enhanced benefits package
Employee recognition programs
Organization-wide training and development opportunities Environmental
Not applicable.

Strategic Plan Action - Priority Level: N/A | Target #: G | Goal #: N/A Organizational Development
Fiscal Impact
Not applicable.

Prior City Council/Commission Action
Adoption of Fiscal Year 2025-26 Annual Operating & Capital Improvement Budget on June 25, 2025 City Council adopted the Citywide Classification and Compensation Study on May 22, 2024 City Council received and filed the 2025 Status of Vacant Posi2ons as Required by Assembly Bill 2561 on May 28, 2025
Attachment(s)
Not Applicable.
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AGENDA STAFF REPORT
City Council/Eastvale Public Financing Authority Meeting

CONSENT CALENDAR
Agenda Item No. 11.20
August 13, 2025
Second Reading and Adop,on of an Ordinance Authorizing the Levy of Special Taxes for Community Facili,es District No. 2025-01 (Limonite)
Prepared By:

Amanda Wells, Finance Director/City Treasurer
Recommended Action(s)
Staff recommends that the City Council adopt an Ordinance en tled: AN ORDINANCE OF THE CITY

COUNCIL FO THE CITY OF EASTVALE, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT (CITY OF EASTVALE COMMUNITY FACILITIES DISTRICT NO. 2025-01 (LIMONITE))"
Summary
The owners of the property within the proposed boundary of CFD No. 2025-01 are required to finance the costs of maintenance and ligh
ng of parks, parkways, streets, roads, and open space;
and flood and storm protec
on services, etc., as a condi
on rela
ng to the industrial development
generally located along Limonite Avenue from Hellman Avenue in the west to east of Archibald Avenue (the “Project”). A resolu
on of inten
on to form CFD 2025-01 was adopted by the Council
on February 12, 2025, and a Public Hearing was held by the City Council on March 23, 2025. This is the next step in the process to finalize the establishment of the CFD, which will levy special taxes to generate funds for the City to provide the services described in the Resolu on of Inten
on. Ballots
were mailed to property owners in late May 2025 for a special landowner elec on to be conducted
by the City tonight, June 25, 2025. If at least 2/3 of the property owner votes are in favor of the proposed special tax, the City Council will need to introduce/waive the first reading by tle only of
the Ordinance levying the special taxes tonight, and will need to formally adopt said Ordinance on August 13, 2025.
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Background
The Mello-Roos Community Facili
es Act of 1982 (the "Mello-Roos Act") provides local jurisdic ons
with an alterna
ve method of financing public capital facili
es and services. Special tax districts
formed pursuant to the Mello-Roos Act are referred to as Community Facilities Districts, or CFDs.

The City has received pe

ons from landowners represen
ng more than 10 percent of the area of
land proposed to be included within the community facili es district and not proposed to be exempt
from the special tax reques
ng that the City conduct proceedings to consider the approval of the formation of CFD No. 2025-01, to fund ongoing public and maintenance services within the CFD.

The CFD will fund the long-term maintenance/services in perpetuity by levying an annual special tax which will be collected on the property tax bill. The funds collected will be transferred to the City, which the City will use to perform the maintenance/services.

Environmental
Establishing a CFD is not a project subject to review under the California Environmental Quality Act.

Strategic Plan Action - Priority Level: 3 | Target #: C | Goal #: H Ensure that City revenues align with expenditures.

Fiscal Impact
There is no current fiscal-year impact to the General Fund as a result of this ac on. All CFD
forma
on costs are borne by the applicant. Once the CFD is formed, ongoing maintenance and district administration will be funded by the special tax levy.

Prior City Council/Commission Action
City Council adopted a Resolu
on of Inten
on form Community Facili
es District No. 2025-01
(Limonite) on February 12, 2025. The Resolu
on of Inten
on set a public hearing, which was held on
March 26, 2025. On that same date, City Council adopted a Resolu on Establishing the Forma
on of
Community Facili
es District No. 2025-01 (Limonite) and adopted a Resolu on Calling a Special
Elec
on for Community Facili
es District No. 2025-01 (Limonite) for June 25, 2025. On June 25, 2025 ballots were tabulated and the CFD was formed.

Attachment(s)
Attachment 1 - Ordinance
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ORDINANCE NO. 25-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,

CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A

COMMUNITY FACILITIES DISTRICT

CITY OF EASTVALE
COMMUNITY FACILITIES DISTRICT NO. 2025-01
(LIMONITE)
WHEREAS, this City Council (the “City Council”) of the City of Eastvale (the “City”) on February 12, 2025, adopted Resolution No. 25-10 entitled “A Resolution of the City Council of the City of Eastvale, State of California, Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”) and has conducted proceedings (the “Proceedings”) to establish the City of Eastvale Community Facilities District No. 2025-01 (Citywide Maintenance and Services) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”) to finance the costs of police protection services; fire protection and suppression services; maintenance and lighting of parks, parkways, streets, roads, and open space; flood and storm protection services; maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years; and related appurtenances (the “Services”) as provided in the Act; and WHEREAS, the Resolution of Intention called for a public hearing to be held on March 26, 2025, or as soon thereafter as the matter may be heard; and
WHEREAS, on March 26, 2025, and as part of the Proceedings, this City Council held a public hearing under the Act relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tax (the “Special Tax”) to be levied within the District to finance the Services and, at such hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of the Special Tax were heard, substantial evidence was presented and considered by this City Council, and a full and fair public hearing was held; and WHEREAS, upon the conclusion of the hearing, this City Council adopted a resolution entitled “A Resolution of the City Council of the City of Eastvale, State of California, Establishing the Formation of a Community Facilities District” (the “Resolution of Formation”), whereby the City Council (i) established the District, (ii) authorized the levy of the Special Tax within the District, and (iii) preliminarily established an appropriations limit for the District, all pursuant to the Act; and WHEREAS, on June 25, 2025, a special election was held among the landowner voters within the District at which the landowner voters approved the proposition relating to the levy of Special Taxes within the District and the establishment of an appropriations limit for the District by the two-thirds vote required by the Act, which approval has been confirmed by resolution of this City Council; and WHEREAS, the City Council ordered the recordation with the County Recorder of the County of Riverside of a Notice of Special Tax Lien (the “Notice”).

NOW, THEREFORE, the City Council of the City of Eastvale, DOES HEREBY ORDAIN as follows:
711
By the passage of this Ordinance, the City Council hereby authorizes and levies the Special Tax within the District pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of Special Tax set forth in the Resolution of Formation, which rate and method is by this reference incorporated herein. The Special Tax is hereby levied commencing in fiscal year 2025/26 and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District, as contemplated by the Resolution of Formation and the Proceedings.

1. The City’s Finance Director or designee or employee or consultant of the City is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation.

2. Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the District in excess of the maximum Special Tax specified in the Resolution of Formation.

3. All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the Special Tax.

4. The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the City Council may provide for other appropriate methods of collection by resolution(s) of the City Council.

The Finance Director of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Riverside for fiscal year 2025/26 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.

5. If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District by a court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District shall not be affected.

6. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation for the City.

7. If any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional. 712

8. This Ordinance shall become effective thirty (30) days following adoption.

INTRODUCED and first read on the 25
th day of June 2025; and PASSED, APPROVED AND ORDAINED this 13 th day of August 2025.
_______________________________________
Mike McMinn
Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________________ ________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney Government Services Director/City Clerk
713

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )

I, Marc A. Donohue, Government Services Director/City Clerk of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 25-XX, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 25th of June, 2025, and was passed by the City Council of the City of Eastvale at a regular meeting held on the ___ day of ______________, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
Government Services Director/City Clerk
714

AGENDA STAFF REPORT
City Council/Eastvale Public Financing Authority Meeting

CONSENT CALENDAR
Agenda Item No. 11.21
August 13, 2025
Purchase of One (1) 2025 Ford F-150 Lightning for the Community Safety and Technology Department
Prepared By:

Johnny Terfehr, Community Safety Director
Recommended Action(s)
Staff recommends that the City Council authorize a purchase order to Na onal Auto Fleet Group in
an amount not to exceed $55,000 for the acquisi
on of one (1) 2025 Ford F-150 Lightning vehicle, to
be u
lized by the Community Safety and Technology Department for code enforcement opera ons
and by the volunteer program for special events and sign removal.

Summary
Request to purchase one (1) new 2025 Ford F-150 Lightning at a cost not to exceed $55,000 to support the newly established part-time Code Enforcement Officer position.

Background
The Community Safety and Technology Department is currently hiring a part-time Code Enforcement Officer to enhance parking enforcement efforts and assist with other code enforcement ac vi
es as
needed. To effec
vely perform these du
es, the posi
on requires a dedicated vehicle to allow the
officer to respond to service requests and transport necessary equipment. The vehicle will also support the City’s Community Enhancement Volunteers by carrying materials and supplies for community outreach at events and for sign removal. To meet these opera onal needs, staff
recommends the purchase of a Ford F-150 Lightning.

If approved, the vehicle will be purchased u
lizing funds from the Assembly Bill 2766 Subven
on
Fund Program through South Coast Air Quality Management Department (AQMD) which provides funding to ci
es and coun
es for the purchase of clean vehicles and development of clean 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
715
transporta
on programs. Staff obtained verifica
on from AQMD that the vehicle meets the
specifica
ons for use of the funds. A preliminary cost es
mate of the recommended vehicle is
attached with additional detail.

The procurement of this vehicle will be conducted through a coopera ve purchasing agreement
awarded by Sourcewell, which is compliant with Eastvale Municipal Code Sec on 4.06.080(d).

Sourcewell is a public en
ty and partner to government agencies which develops solicita ons for
compe

ve bidding that meet or exceeds local requirements. Sourcewell awarded Contract No. 091521-NAF to Na
onal Auto Fleet Group for the procurement of Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories. Staff researched available procurement op
ons, and determined that Na
onal Auto Fleet Group meets the City's specifica
ons and is in
accordance with the City's Purchasing guidelines. By leveraging the procurement power through cooperative purchasing, the City of Eastvale will obtain competitive pricing.

Environmental
The purchase of a new Ford F-150 Lightning is not defined as a project under the California Environmental Quality Act (CEQA). No environmental review pursuant to CEQA is required.

Strategic Plan Action - Priority Level: N/A | Target #: G | Goal #: C The purchase of pool vehicles supports the strategic plan goal to iden fy and recommend tools
necessary for optimal employee performance (Target G, Goal C).

Fiscal Impact
The total fiscal impact for the vehicle purchase is $70,000 in one- me acquisi
on and upfiGng costs
and $3,500 in annual maintenance costs. The fiscal year 2025-2026 budget includes adequate appropria
ons for the vehicle purchase in the Air Quality Management District Fund, vehicle expenditures account number 220-330-6610-95003-0000. Ongoing vehicle maintenance costs are budgeted in the Code Enforcement vehicle opera
ons account number 100-330-6330 and are
projected to be approximately $1,000 annually. Fuel costs are also budgeted in the vehicle opera
ons account number 100-330-6330 and are projected to be approximately $2,500 annually.

Addi
onally, vehicle upfiGng is budgeted in account number 100-311-6590 at an es mated cost of
$15,000.

Prior City Council/Commission Action
Not applicable.

Attachment(s)
Attachment 1 - National Auto Fleet Group Sourcewell Contract Attachment 2 - National Auto Fleet Group Quote - Ford F-150 Lightning 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
716

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Eastvale City CouncilAugust 13, 2025

Eastvale City Council
August 13, 2025