Agenda packet

Eastvale City Council
August 13, 2025

Document: Agenda packet
Meeting: August 13, 2025
Body: Eastvale City Council
Pages: 39
Original file: 108.8 MB

Text extracted from the city's file for reading and search. Open the original on d3n9y02raazwpg.cloudfront.net. That file is the official record.

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Sourcewell Contract # 091521-NAF | Amendment #1

Page 1 of 1 ends

AMENDMENT #1
TO
CONTRACT # 091521-NAF
THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and 72 Hour LLC dba: National Auto Fleet Group (Supplier).

Sourcewell awarded a contract to Supplier to provide Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories to Sourcewell and its Participating Entities, effective November 4, 2021, through November 8, 2025 (Contract).

The parties wish to amend the Proposal to ensure compliance with Sourcewell’s Procurement Policy and standard government procurement practices.

NOW, THEREFORE, the parties amend the Contract as follows:

Line item 28 of “Table 6: Ability to Sell and Deliver Service” of the Proposal is modified to add the following:
“For Tesla and Mullen vehicles, the Participating Entity will work directly with Supplier when ordering the vehicle. Once a purchase order is issued and received by Supplier, Supplier will work with the appropriate Tesla or Mullen representative to process the order and deliver the vehicle directly to the Participating Entity. All necessary paperwork will be handled directly between the Participating Entity and Supplier.” Except as amended by this Amendment, the Contract remains in full force and effect.

Sourcewell 72 Hour LLC
dba: National Auto Fleet Group
By: By:

Jeremy Schwartz, Chief Operating Officer Jesse Cooper, Fleet Manager Date: Date:

751
752
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754
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757
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AGENDA STAFF REPORT
City Council/Eastvale Public Financing Authority Meeting

CONSENT CALENDAR
Agenda Item No. 11.22
August 13, 2025
Approval of Agreements for On-Call Professional Consul.ng Services for Public Works Department
Prepared By:

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

1. Approve the list of consultants to provide on-call professional consul$ng services to the City on an as-needed basis;

2. Approve the form agreements for on-call professional consul$ng services to be used in contrac$ng with the approved consultants in the amounts not to exceed those specified below for each agreement, resul$ng in a total aggregate not-to-exceed amount of $23,450,000 per fiscal year; and

3. Authorize the City Manager to execute all necessary documents, including agreements based on the form of the approved form on-call agreement, and to approve task orders, including those that may exceed standard approval limits, as necessary for project implementa$on. The City Manager may revise the agreements prior to execu$on, in consulta$on with the City A3orney, as requested by the consultant or recommended by the City A3orney, provided such revisions do not substantially modify the terms of the agreements.

Summary
Public Works Department is responsible for the planning, design, construc$on, and maintenance of the City's infrastructure. In support of the City Council’s Strategic Plan and long-term goals, the City requires access to a diverse pool of professional consultants with specialized exper$se across various technical disciplines. Establishing on-call agreements is cri$cal for efficiently engaging 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
761
qualified consultants on short no$ce under pre-nego$ated terms and condi$ons. This approach allows the City to quickly respond to evolving workload demands, support infrastructure ini$a$ves, and deliver projects aligned with Council priorities.

To address this need, the City issued a Request for Qualifica$ons (RFQ) No.25-106EG on March 17, 2025, for on-call professional consul$ng services. A total of 172 proposals were received for the following five (5) service categories by the RFQ deadline on April 23, 2025:

A: Design Engineering, Architecture, and Technical Services (60) B: Project Management, Construction Management, and Inspection Services (81) C: Transportation Services (13)
D: Other Professional Services (13)
E: Program Management and Funding Compliance Services (5) An evalua$on team, consis$ng of City staff from the Public Works and Planning Departments, evaluated each submi3al independently based on qualifica$ons, technical competence, project experience, knowledge of applicable standards, and the ability to manage concurrent assignments.

Based on the evalua$on results, staff recommends entering into on-call agreements with the topranked firms in each of the following specialty area:

Service
Category
Specialty Area
Number of
Recommended
Firm(s)
Recommended Firm(s)
A
Private Land
Development -
Plan Check
Services
6 Transtech Engineers, CSG Consultants, HR Green Pacific, NV5, Bureau Veritas North America, Interwest Consulting Group
A
Geotechnical
Engineering,
Inspection,
and Material
Testing
5 Geocon West, Ninyo & Moore Geotechnical &
Environmental Sciences Consultants, Geo-Advantec, The
Converse Professional Group, Verdantas
A
Landscape
Architect
4 Van Dyke Landscape Architects, Interwest Consulting
Group, RJM Design Group, Community Works Design
Group
A
General Civil
Planning and
Engineering
10 Onward Engineering, WestLAND Group, NV5, Hunsaker &
Associates Irvine, IDS Group, HR Green Pacific, TAIT &
Associates, IMEG Consultants Corp, Kimley-Horn and
Associates, KPFF
B
Land
Surveying
10 Psomas, Albert A. Webb Associates, NV5, WestLAND
Group, IMEG Consultants Corp, TKE Engineering, Hunsaker & Associates Irvine, Onward Engineering, Joseph C.

Truxaw and Associates, KDM Meridian
B
Construction
Inspection 9
Accenture, Onward Engineering, Z&K Consultants, LAE
Associates, Dudek, Willdan Engineering, Psomas, Falcon
Engineering, Transtech Engineers
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
762
B
Construction
Management
7 Dudek, Z&K Consultants, Psomas, Falcon Engineering,
Accenture, Griffin Structures, Onward Engineering
B
Project
Management -
Capital
Improvement
Projects
6 Griffin Structures, Falcon Engineering, RKA Consulting Group, Transtech Engineers, LAE Associates, Z&K
Consultants
B
Project
Management -
Private Land
Development
3 LAE Associates, HR Green Pacific, Transtech Engineers C
Traffic and
Transportation
Planning and
Engineering
10 STC Traffic, Albert A. Webb Associates, Transtech
Engineers, Fehr & Peers, Interwest Consulting Group,
Kimley-Horn and Associates, LG2WB Engineers, TKE
Engineering, RKA Consulting Group, System Metrics Group D
Grant Writing
and
Management
Services
3 MNS Engineers, EvanBrooks Associates, Transtech
Engineers
Each recommended firm has demonstrated the required technical exper$se, appropriate licensing, insurance coverage, and the capacity to effectively support City projects. While these agreements do not guarantee work, they establish a flexible and efficient framework to assign projects based on qualifica$ons, availability, and need. Services will be authorized on a task order basis, with compensa$on determined by the scope, schedule, and complexity of each project. To streamline the approval process, reduce administra$ve burden, and support $mely project delivery, staff recommends authorizing the City Manager to execute all task orders, including those that exceed the City Manager's standard purchasing approval amount of $24,999, while ensuring appropriate oversight and alignment with project goals.

If approved, the City will enter into three-year agreements with each recommended firm, with the op$on for two one-year extensions, for a maximum term of five years. Two form agreements have been prepared to address the specific legal requirements that apply to "design professionals" vs. other professional service providers; these are included in the a3achment for reference. The design professional form will be used only for those business en$$es that qualify as "design professionals" under Civil Code Sec$on 2782.8 (licensed architects, licensed landscape architects, registered professional engineers and licensed land surveyors). Upon approval, staff will work with each firm to finalize and execute the agreements. Staff also recommends authorizing the City Manager, in consulta$on with the City A3orney, to make revisions as needed, provided such changes do not materially alter the terms.

The not-to-exceed amounts have been determined based on expenditure trends from previous fiscal years and an$cipated future needs. The table below summarizes the not-to-exceed amount for each contract per fiscal year by specialty area:
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Specialty Area
Not-to-exceed amount
per contract per fiscal
year
Private Land Development - Plan
Check Services
$500,000
Geotechnical Engineering,
Inspection, and Material Testing
$250,000
Landscape Architect $100,000
General Civil Planning and
Engineering
$250,000
Land Surveying $50,000
Construction Inspection $1,000,000**
Construction Management $250,000
Project Management - Capital
Improvement Projects
$250,000
Project Management - Private Land
Development
$250,000
Traffic and Transportation Planning
and Engineering
$250,000
Grant Writing and Management
Services
$100,000
**Construc$on Inspec$on services include inspec$ons for private land development projects, encroachment permits (typically from u$lity providers), and the City’s Capital Improvement Plan (CIP) projects. FY 2024–25 expenditure trends show that 85% of charges are related to private land development, which are fully reimbursed through developer deposits.

Establishing these on-call agreements will posi$on the City to efficiently advance cri$cal infrastructure projects, maintain service con$nuity, and adapt to evolving priori$es with support from experienced, qualified consultants.

Background
To ensure con$nued access to specialized exper$se, the City periodically issues RFQs to establish and maintain a pool of qualified consultants across a broad range of technical disciplines.

On March 17, 2025, the City released RFQ No.25-106EG through the City’s website and Planetbids, solici$ng proposals for five (5) dis$nct service categories. In response, the City received a total of 172 proposals from various consul$ng firms, with the number of submi3als per category summarized in the table below:

Service Category
Number of Proposals
Received
Number of Firm(s)
Recommended
A
Design Engineering, Architecture, and
Technical Services 60 25
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
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B
Project Management, Construction
Management, and Inspection Services
81 35
C Transportation Services 13 10
D Other Professional Services 13 3
E
Program Management and Funding
Compliance Services
5 0
The RFQ process aims to maintain a robust and diverse list of on-call consultants, enabling the City to efficiently align project needs with firms that offer the most relevant experience and technical exper$se. Maintaining an ac$ve list of pre-qualified firms streamlines consultant selec$on, shortens project $melines, and enhances the City’s ability to deliver infrastructure improvements, technical studies, and development review services.

While execu$on of an on-call agreement does not guarantee work for any consul$ng firm, staff will assign projects based on each firm’s exper$se, availability, and performance history. This approach ensures the City retains maximum flexibility in delivering projects while promo$ng high-quality outcomes.

Environmental
Approval of the agreements is categorically exempt from California Environmental Quality Act (CEQA) review under CEQA Guidelines Sec$on 15303, which pertains to the construc$on or conversion of small structures.

Strategic Plan Action - Priority Level: N/A | Target #: A | Goal #: A Strengthen organizational development and effectiveness.

Fiscal Impact
There is no fiscal impact at this $me. Execu$on of the on-call agreements does not commit the City to any immediate expenditures or specific projects. Funding for individual projects will be approved through the City’s standard budget process.

These agreements will create a pre-qualified pool of firms available on an as-needed basis, but they don't guarantee work to any consultant. Each contract will be nego$ated and executed in accordance with the City’s Purchasing Ordinance and procurement procedures.

The City Manager will be authorized to execute task orders under these agreements in excess of $24,999. To ensure fiscal accountability, expenditures will be controlled via budget authoriza$ons and purchase orders within the financial system; this method has been applied successfully for other departments using on-call contracts and has increased operational efficiency.

Prior City Council/Commission Action
There is no prior City Council or Commission action on this item.

Attachment(s)
Attachment 1.1 - Non-Design Related Agreement_On-Call
Attachment 1.2 - Design Related Agreement_On-Call
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
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Attachment 2 - Consultant Proposals
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AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
[______________________________]
This Agreement for On-Call Professional Services (“Agreement”) is entered into as of this ____ day of _________, 2025 by and between the City of Eastvale, a municipal corporation (“City”) and ___________________________, a ___________________ (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by Request for Qualifications (RFQual) No. 25-106EG the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Contractor, following submission of its qualifications for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to be eligible to perform those services as needed and requested by the City.

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

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

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement shall commence on the date first ascribed above and terminate on June 30, 2028. The Parties may, by mutual, written consent, extend the term of this Agreement for up to two (2) additional one (1) year periods.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE
(a) Scope of Services. Contractor agrees to perform ______ (hereinafter, the “Services”) as requested and authorized by the City. The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein. When the City desires to utilize Contractor for Services, the City will issue a Task Order that includes a Scope of Services to be performed and the compensation to be paid for the Services within the Task Order. Each Task Order shall be attached to this Agreement as part of Exhibit “A” (e.g., the first Task Order will be Exhibit “A-1”, the second Exhibit “A-2,” etc.). Each Task Order is made a part of this Agreement by this reference. 767
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(b) Schedule of Performance. The Services authorized by each Task Order shall be completed pursuant to the Schedule stated in the Task Order. Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

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

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses and any Task Orders issued under this On-Call Contract, shall not exceed ________________ dollars ($_____________) per fiscal year, for a total of _______________dollars ($______) (“NTE Sum”) for the entire Term of the Agreement, including any extension periods if exercised, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in each Task Order for the Services identified in the Task Order. The City Manager shall have the authority to approve Task Orders. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under the On-Call Contracts through Task Orders. Contractor acknowledges and agrees that the City will not pay any amount under this Agreement that would exceed the NTE Sum, and Contractor shall not enter into a Task Order that exceeds the NTE Sum. Contractor is solely responsible for tracking Task Order amounts and managing available contract authority under 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), subcontractor contracts, and in accordance with Contractor’s Cost Proposal submitted with their qualifications in response to the RFQual mentioned above. 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 768
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the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement (“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.

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.

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.

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, 769
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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.

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 770
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City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.
(b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s personnel.

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

SECTION 9. STANDARD OF PERFORMANCE.

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

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

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

SECTION 11. PREVAILING WAGE LAWS
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 771
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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. 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.NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS.

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

SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner 772
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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 information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Contractor’s conduct.

Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any 773
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response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

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

SECTION 17. INSURANCE.

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

SECTION 18. ASSIGNMENT.

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

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

SECTION 19. CONTINUITY OF PERSONNEL.

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

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. (b) Contractor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. 775
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(d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City.

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

SECTION 21. DEFAULT.

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

SECTION 22. EXCUSABLE DELAYS.

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

SECTION 23. COOPERATION BY CITY.

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

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:
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To City: City of Eastvale
Attn: _____________________
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: __________________________
__________________________
__________________________
__________________________
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

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

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the Eastvale Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.
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SECTION 29. WAIVER.

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

SECTION 30. LAW TO GOVERN; VENUE.

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

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

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

SECTION 32. ENTIRE AGREEMENT.

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

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). 778
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SECTION 34. CONFLICTING TERMS.

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

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

APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney
[CONTRACTOR NAME]
____
________________
________________
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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. $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 783
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C-2
not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.
(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence. (4) Professional Liability. $1,000,000 per occurrence.

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

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

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

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation 784
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against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.

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

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

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

3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
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AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
[______________________________]
This Agreement for On-Call Professional Services (“Agreement”) is entered into as of this ____ day of _________, 2025 by and between the City of Eastvale, a municipal corporation (“City”) and ___________________________, a ___________________ (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by Request for Qualifications (RFQual) No. 25-106EG the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Contractor, following submission of its qualifications for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to be eligible to perform those services as needed and requested by the City.

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

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

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement shall commence on the date first ascribed above and terminate on June 30, 2028. The Parties may, by mutual, written consent, extend the term of this Agreement for up to two (2) additional one (1) year periods.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE
(a) Scope of Services. Contractor agrees to perform ______ (hereinafter, the “Services”) as requested and authorized by the City. The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein. When the City desires to utilize Contractor for Services, the City will issue a Task Order that includes a Scope of Services to be performed and the compensation to be paid for the Services within the Task Order. Each Task Order shall be attached to this Agreement as part of Exhibit “A” (e.g., the first Task Order will be Exhibit “A-1”, the second Exhibit “A-2,” etc.). Each Task Order is made a part of this Agreement by this reference. 786
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(b) Schedule of Performance. The Services authorized by each Task Order shall be completed pursuant to the Schedule stated in the Task Order. Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

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

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses and any Task Orders issued under this On-Call Contract, shall not exceed ________________ dollars ($_____________) per fiscal year, for a total of _______________dollars ($______) (“NTE Sum”) for the entire Term of the Agreement, including any extension periods if exercised, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in each Task Order for the Services identified in the Task Order. The City Manager shall have the authority to approve Task Orders. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under the On-Call Contracts through Task Orders. Contractor acknowledges and agrees that the City will not pay any amount under this Agreement that would exceed the NTE Sum, and Contractor shall not enter into a Task Order that exceeds the NTE Sum. Contractor is solely responsible for tracking Task Order amounts and managing available contract authority under 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), subcontractor contracts, and in accordance with Contractor’s Cost Proposal submitted with their qualifications in response to the RFQual mentioned above. 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 787
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the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement (“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.

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.

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.

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, 788
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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.

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 789
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City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.
(b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s personnel.

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

SECTION 9. STANDARD OF PERFORMANCE.

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

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

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

SECTION 11. PREVAILING WAGE LAWS
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 790
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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. 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.NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS.

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

SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner 791
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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 information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Contractor’s conduct.

Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any 792
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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 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 793
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release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

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

SECTION 18. ASSIGNMENT.

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

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

SECTION 19. CONTINUITY OF PERSONNEL.

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

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. (b) Contractor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City. 794
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Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 21. DEFAULT.

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

SECTION 22. EXCUSABLE DELAYS.

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

SECTION 23. COOPERATION BY CITY.

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

SECTION 24. NOTICES.

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

To City: City of Eastvale
Attn: _____________________
12363 Limonite Ave., Suite 910
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Eastvale, CA 91752
To Contractor: __________________________
__________________________
__________________________
__________________________
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

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

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

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

SECTION 29. WAIVER.

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

SECTION 30. LAW TO GOVERN; VENUE.

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

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

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

SECTION 32. ENTIRE AGREEMENT.

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

SECTION 33. SEVERABILITY.

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

SECTION 34. CONFLICTING TERMS.

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

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

APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney
[CONTRACTOR NAME]
____
________________
________________
798
4904-7835-7079 v1 A-1
EXHIBIT "A"

SCOPE OF SERVICES
799
4904-7835-7079 v1
C-1
EXHIBIT "B"

COMPENSATION
800
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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. $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 801
4904-7835-7079 v1
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not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.
(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence. (4) Professional Liability. $1,000,000 per occurrence.

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

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

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

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation 802
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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.
803
Attachment 2 – Consultant Proposals
Due to file size, if you are interested in a copy of one of the proposals, please contact the City Clerk’s Office at [email protected].
804

AGENDA STAFF REPORT
City Council/Eastvale Public Financing Authority Meeting

PUBLIC HEARINGS
Agenda Item No. 12.1
August 13, 2025
PLN25-20033 City-Ini/ated Municipal Code Amendment for DriveThrough and Drive-In Restaurants, Carwashes, Gasoline Service Sta/ons, Alterna/ve Fueling Sta/ons, Electric Vehicle Charging Sta/ons, Mini-Storage Facili/es, and Truck and Trailer Rental and Storage Facilities
Prepared By:

Allen Lim, Senior Planner
Recommended Action(s)
Staff recommends that the City Council take the following actions:

1. Determine that the proposed ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sec)ons 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementation of CEQA; and

2. Introduce the proposed ordinance en)tled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA TO AMEND OF SECTIONS 120.03.020, 120.03.030, 120.05.060, 120.06.010, AND THE ESTABLISHMENT OF SECTION 120.04.170 OF THE EASTVALE MUNICIPAL

CODE MAKING CHANGES TO LAND USES SUCH AS DRIVE-IN AND DRIVE-THROUGH

RESTAURANTS, CARWASHES, ELECTRIC VEHILCE CHARGING STATIONS, GASOLINE SERVICE

STATIONS, ALTERNATIVE FUELING STATIONS, TRUCK AND TRAILER RENTAL AND STORAGE

FACILITIES, AND MINI-STORAGE FACILITIES
Summary
With the increasingly limited availability of developable land within the City, the City Council and the 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Planning Commission have expressed the importance of considering the highest and best use for the remaining vacant land within the City. Addi)onally, there has been a growing number of requests to establish and operate mini-storage facili)es and auto-oriented uses such as carwashes, drivethrough food and drink establishments, gasoline service sta)ons, alterna)ve fueling sta)ons, and truck and trailer sales, rental, and storage throughout the City. As a result of the growing interest in development that may not be the highest and best uses, staff ini)ated discussions with the Planning Commission and City Council to obtain feedback on how these land use types should be regulated and what municipal code changes would be appropriate.

The proposed amendments developed through the workshop discussions are intended to consider the highest and best use for the limited remaining developable parcels in the City and address the increased interest in developing mini-storage facili)es and auto-oriented uses such as carwashes, drive-through food and drink establishments, gasoline service sta)ons, alterna)ve fueling sta)ons, and truck and trailer sales, rental and storage facilities.

Background
On January 18, 2023, staff brought forward a land use discussion to the Planning Commission to gain further direc)on on how to proceed with drive-through businesses. The Commission recommended that staff further pursue an approach to modify Condi)onal Use Permit findings to ensure land use compa)bility with exis)ng shopping centers and/or their surrounding area of the proposed drivethrough.

On September 18, 2024, staff brought forward a land use discussion to the Planning Commission to gain further direc)on on how to proceed with drive-throughs, carwashes, gasoline sta)ons, alterna)ve fueling sta)ons, mini-storage facili)es, and truck and trailer rental and storage facili)es.

The Commission advised staff to conduct a more in-depth analysis, taking into account the available vacant developable land within the City, the suitability of the proposed land uses within current zoning designa)ons, and the poten)al for implemen)ng alterna)ve regula)ons through enhanced design and development standards.

On October 16, 2024, staff brought forward a land use discussion to the Planning Commission with updated informa)on, exhibits, and various redline changes to the Zoning Code based on the input received by the Planning Commission from the September 18, 2024 discussion. The Commission was generally suppor)ve of the changes and provided further direc)on to update the code based on the examples presented.

On February 26, 2025, staff brought forward a land use discussion to the City Council with the updated informa)on, exhibits, and various redline changes to the Zoning Code based on the input received from the Planning Commission from the September 18, 2024, and October 16, 2024 discussions with the Planning Commission. The Council was generally suppor)ve of the changes and provided further direction to update the code based on the examples presented.

On June 18, 2025, the Planning Commission recommended that the City Council adopt an ordinance to establish Municipal Code Sec)on 120.04.170 crea)ng development standards for drive-through and drive-in uses and amend the Municipal Code Sec)ons 120.03.020, 120.03.030, 120.05.060, and 120.06.010 to update the zoning designa)ons of car washes, gasoline service sta)ons, alterna)ve fueling sta)ons, truck and trailer rental and storage facili)es, and mini-storage facili)es to the 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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industrial and manufacturing zones.

A summary of the proposed amendments are provided as A8achment 1 to this report and include the description and purpose of each amendment.

Analysis
Planning Commission and City Council Workshop Feedback
On September 18, 2024 the Planning Commission provided the following comments with regard to each of the uses:

Carwashes:

Limit new carwashes to industrial and manufacturing zones.

Look at existing specific plans to determine appropriateness.

Drive-throughs:

Maintain development standards and permitted locations with a CUP.

Explore distance/separation requirements for discussion.

Identify locations of existing drive-throughs and illustrate possible distance radius scenarios.

Explore enhanced design and development standards/requirements for new drive-throughs.

Mini-Storage Facilities:

Limit new mini-storage facilities to industrial and manufacturing zones.

Share results of market analysis prepared for The Ranch area.

Gasoline Service Stations:

Explore prohibi)ng new gasoline service sta)ons in commercial zones and limit to industrial and manufacturing zones.

There is a decreasing need in gasoline service sta)ons with the growth of electric vehicle ownership and mandates.

Alternative Fuel Stations/EV Charging Stations:

Dis)nguish between light duty vehicle charging and heavy duty (truck) charging facili)es and regulate differently in the code.

Require a CUP for new alternative fuel and EV charging stations.

Consider and address safety concerns due to the extended )me necessary for electric vehicle charging.

Truck and Trailer Rental and Storage:

Limit new truck and trailer rental and storage facilities to industrial and manufacturing zones.

Require a CUP for new facilities.

Consider and address safety concerns due to the long-term parking and lack of people at facilities.

On October 16, 2024 the Planning Commission provided the following comments with regard to each of the uses:

Drive-throughs:

Con)nue exploring other agencies’ development standards for drive-through screening, outdoor dining, and pedestrian circulation.
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Alternative Fuel Stations/EV Charging Stations:

Create new land uses which dis)nguishes light duty, medium duty, and heavy-duty electric vehicle charging facilities or as consistent with state requirements.

Light duty charging facili)es shall be permiNed in every zone or as required by state requirements.

Have staff explore the feasibility of requiring DC fast charging for light duty vehicles in nonresiden)al zones. Consider the requirement of allowing Level 2 charging and DC Fast charging for light duty facilities in park space and public facilities.

In general, the Planning Commission provided guidance to begin the process of amending the Zoning Code with regard to all of the uses discussed. Although the Commission expressed support for con)nuing to allow all of the uses and con)nuing to require Condi)onal Use Permits, there was a general consensus to limit new carwashes, mini-storage facili)es, truck and trailer rental/storage facili)es, and gasoline service sta)ons to be located strictly within industrial and manufacturing zones.

The Commission was generally suppor)ve of con)nuing to allow drive-throughs in the commercial, industrial, and manufacturing zones and also suggested adding electric vehicle charging sta)ons for light duty passenger vehicles within the commercial and industrial zones or as required by state regulations.

The Commission also recognized the limited availability of vacant, developable land and expressed a desire to gain a beNer understanding of market demand to support the highest and best use for remaining developable parcels.

The Commission was recep)ve to exploring enhanced design standards to address aesthe)c concerns with vehicle-oriented businesses, par)cularly drive-throughs. Staff has explored best prac)ces from other jurisdic)ons to iden)fy enhancements to the development standards for these types of uses which include, but are not limited to, site orienta)on, outdoor dining, structural screening, and dense landscape screening.

Finally, the Commission emphasized the importance of addressing safety and security for uses such as long-term electric vehicle charging and truck and trailer rental/storage uses. Staff will work closely with the Riverside County Sheriff's Office to develop strategies to address safety and security within the development standards for these uses.

On February 26, 2025, the City Council was generally in agreement with the recommenda)ons and feedback provided by the Planning Commission expressing similar concerns with aesthe)cs, overconcentration of specific uses, and recognizing the limited availability of vacant and developable land in the city.

On June 18, 2025, the Planning Commission was suppor)ve of the proposed changes and recommended that the City Council adopt an ordinance to establish Municipal Code Sec)on 120.04.170 crea)ng development standards for drive-through and drive-in uses and amend the Municipal Code Sec)ons 120.03.020, 120.03.030, 120.05.060, and 120.06.010 to update the zoning designa)ons of car washes, gasoline service sta)ons, alterna)ve fueling sta)ons, truck and trailer rental and storage facilities, and mini-storage facilities to the industrial and manufacturing zones. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Additional Amendments
In addi)on to the proposed changes as discussed as part of the prior land use workshops, a technical change has also been proposed for "Dwelling, Mul)ple Family" as required state housing law (Government Code Section 65583.2(h)).

Public Hearing Notification and Comment
The proposed ordinance requires a minimum 10-day public hearing no)fica)on period. The public hearing no)ce was published in the Press Enterprise newspaper on August 3, 2025, for the City Council mee)ng on August 13, 2025. As of this wri)ng, staff has not received any correspondence supporting or objecting to the proposed ordinance.

Environmental
The proposed ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sec)ons 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementa)on of CEQA (commencing with Sec)on 15000 of Title 14 of the California Code of Regula)ons; herein referred to as the “State CEQA Guidelines”) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.

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

Fiscal Impact
The processing of the proposed Municipal Code Amendment is covered under the Planning Division's Fiscal Year (FY) 24/25 budget.

Prior City Council/Commission Action
On January 18, 2023, staff brought forward a land use discussion to the Planning Commission to gain further direc)on on how to proceed with drive-through businesses. The Commission recommended that staff further pursue an approach to modify condi)onal use permit findings to ensure land use compa)bility with exis)ng shopping centers and/or their surrounding area of the proposed drivethrough.

On September 18, 2024, staff brought forward a land use discussion to the Planning Commission to gain further direc)on on how to proceed with drive-throughs, carwashes, gasoline sta)ons, alterna)ve fueling sta)ons, mini-storage facili)es, and truck and trailer rental and storage facili)es.

The Commission advised staff to conduct a more in-depth analysis, taking into account the available vacant developable land within the City, the suitability of the proposed land uses within current zoning designa)ons, and the poten)al for implemen)ng alterna)ve regula)ons through enhanced design and development standards.

On October 16, 2024, staff brought forward a land use discussion to the Planning Commission with updated informa)on, exhibits, and various redline changes to the Zoning Code based on the input received by the Planning Commission from the September 18, 2024 discussion. The Commission was generally suppor)ve of the changes and provided further direc)on to update the code based on the examples presented.
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On February 26, 2025, staff brought forward a land use discussion to the City Council with the updated informa)on, exhibits, and various redline changes to the Zoning Code based on the input received from the Planning Commission from the September 18 and October 16, 2024 discussions with the Planning Commission. The Council was generally suppor)ve of the changes and provided further direction to update the code based on the examples presented.

On June 18, 2025, the Eastvale Planning Commission recommended that the City Council adopt an ordinance to establish Municipal Code Sec)on 120.04.170 crea)ng development standards for drive-through and drive-in uses and amend the Municipal Code Sec)ons 120.03.020, 120.03.030, 120.05.060, and 120.06.010 to update the zoning designa)ons of car washes, gasoline service sta)ons, alterna)ve fueling sta)ons, truck and trailer rental and storage facili)es, and mini-storage facilities to the industrial and manufacturing zones.

Attachment(s)
Attachment 1 - Summary of Amendments
Attachment 2 - Ordinance
Attachment 3 - Public Hearing Notice CC
Attachment 4 - February 26, 2025 - City Council - Staff Report for Land Use Workshop Attachment 5 - June 18, 2025 - Planning Commission - Staff Report for Land Use Code Update Attachment 6 - Planning Commission Resolution 25-12
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CHAPTER 120.03. ZONING DISTRICT REGULATIONS
Sec. 120.03.020. Residential and agricultural permitted uses and development standards. (a) Purpose.
(b) Uses.
(c) Categories.
(…)
Note to the reader. If a site is located within an airport influence area, as generally shown on the zoning map, the applicable airport land use compatibility plan must be consulted for any additional restrictions.

TABLE 3.2-1 USE MATRIX FOR RESIDENTIAL AND AGRICULTURAL ZONES Land Use A1 A2 RA RR R1 R2 R3 PRD R5 R6 RT Special Provisions
Agricultural Uses
Animal Keeping, Noncommercial P P P P Section
120.04.080
Animal Keeping, Poultry P P P P P P
Animal Keeping, Small P P P P
Commercial Breeding C C
Commercial Fertilizer Operation P P Section
120.04.060
Commercial Poultry Operation C C
Crop ProductionG P P P P
Dairy Farm C P C
Electric Vehicle Charging Station,
Small
P P P P P P P P P P P Chapter
110.96
Farm Stand, Temporary P P P P
Stand, Permanent P P
GrazingG P P P
Grazing, Temporary P
Kennel, Class IG P P P P Section
120.04.070
Kennel and Cattery, Class IIG P P P P
Kennel and Cattery, Class IIIG P P P
Kennel and Cattery, Class IVG C C C
Livestock Sales Yard C
Packaged Dry Fertilizer Storage,
not including Processing
C C Section
120.04.060
Pen-Fed Beef Cattle Operation C
Agricultural Workers HousingG P P P C
Bungalow Courts P P
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(Supp. No. 13)

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Congregate Care Facilities (7 or
more persons)
C C Section
120.04.030
Dwelling, Multiple Family 2 P P P P
Dwelling, Second Unit P P P P P P P P P Section
120.04.010
Dwelling, Single Family P P P P P P P P P
Dwelling, Two Family P P P
Family Day Care, Large P P P P P P P P P Section
120.01.050
Family Day Care, Small P P P P P P P P P
Group Homes (6 or fewer persons) P P P P P P P P P
Home Occupations P P P P P P P P P P Section
120.04.040
Mobile Home Parks C C C C C C C C C Section
120.04.020
Mobile Home P P P P P P P P P Section
120.04.020
Planned Residential Developments P P P P Section
120.04.050
Restricted Single-Family Residential
Subdivisions
P P
Senior Housing P P
Supportive and Transitional
Housing

P P P P P P P P P
Recreation, Education, and Public Assembly Uses
Community Auction and Sales
Yards
C C C
Fraternal Lodges, including Grange
Halls
P P P
Fraternity and Sorority Houses P
Hunting Clubs C C
Libraries P P P P P
Museum and Art Galleries P P P
Nursery Schools for Preschool Day
Care and Child Care
P
Private Recreation or Event
Facilities
C P P
Public Recreation, Nonprofit
Community Centers, Social Halls,
Parks, Community Recreation
Facilities

P P P P P P P P
Religious Institutions P P C C P P P P P
Schools, Private1 P P P P P
Retail and Consumer Service Uses
Beauty ShopsG P P P P P P
Feed and Grain Sales P P P
Nurseries P P P P
Business Operations and Services Uses
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Agricultural Equipment Sales and
Repair
P
Animal Hospitals, Large and Small P C
Automobile Storage Space
Commercial Stables and Riding
Academies
C P C
Hotels and Motels C
Landing Strip or Heliport C
Professional OfficesG C P
Real Estate Offices P P P
Real Estate Offices, Temporary P P P P P P
Riding Academies and Stables C
Truck Transfer Stations P
Winery, not associated with
VineyardG
C
Winery, with Onsite VineyardG P P
Industrial, Manufacturing, and Processing Uses
Abattoirs C
Canning, Freezing, and Packing
Plants
P
Meat Cutting and Packaging Plants P
1 Public schools are not regulated by this code.
2 Notwithstanding any provision of this code or any specific plan to the contrary, as required by Government Code Section 65583.2(h) multiple family dwellings shall be permitted by right on any site listed in the City’s Housing Element as available for the development of lower income housing if at least twenty percent of the proposed units are affordable to lower income households during the housing element planning period.

G Denotes a specific definition. Please see section 120.06, glossary. (d) Development standards. The following development standards are applicable to the agricultural and residential zones. These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) are intended to assist property owners and project designers in understanding the city's minimum requirements and expectations for high-quality development. (Ord. of 7-2012, § 3.2; Ord. No. 2013-09, § 3, 5-22-2013) Sec. 120.03.030. Commercial and industrial permitted uses and development standards. (a) Purpose.
(b) Uses. The permitting requirements identified in table 3.3-1 are:
(c) Categories.
(…)
TABLE 3.3-1.

USE MATRIX FOR COMMERCIAL, BUSINESS PARK, INDUSTRIAL AND SPECIAL PURPOSE ZONES 813
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Land Use C1/CP CP-S C-O I-P MSC MM MH W1 Special Provisions
Retail and consumer service uses
Alcohol sales All sales require a conditional use permit, regardless of primary use
Section
120.04.090
Banks and financial institutions P P P P P P P
Barbershop and beauty shops P P P P P P
Bars and cocktail lounges C C C
Cigar, cigarette and tobacco sales C C
Cigar, hookah, and cigarette lounges C C
Clinics, including medical, dental,
chiropractic
P P C
Day care centers P P P P P P P
Department stores P P
Drive-in or drive-through operations
or facilities (any use)

C C C C
Farmers' markets C C C Section
120.04.100
Fortunetelling, spiritualism or similar
activity
P P
Grocery stores/market/ food stores P P
Hardware and home improvement
centers

P P P P P
Hotels and motels P P C P P P P
Liquor stores C C Section
120.04.090
Massage parlors, Turkish baths or
similar personal service
establishments
C C
Medicinal cannabis retailer,
delivery-only
C C Section
120.04.150
Nurseries and garden supply stores P P P P P
Religious institutions P P P P P P
Restaurants and other eating
establishments, including fast food
restaurants and sandwich shops (see
drive-in and drive-through uses)

P P C P P P P
Retail sales and services, small scaleG P P C C C C C
Schools, business and professional,
including art, barber, beauty, dance,
drama, music and swimming
C C C
Swap meets C C C
Tattoo parlors C C
Theaters, not including drive-ins P P
Tourist information centers P P P
Wedding chapels P
Business operations and services uses
814
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Alternative Fueling Station such as
but not limited to hydrogen,
propane, biodiesel, etc. (with or
without retail, rest stop facility, or
office)

C C C C
Animal hospitals C C P
Animal training P P
Apiaries P
Aquaculture P
Auction houses P
Automobile parts and supply stores P P P
Automobile service and repair C C P P P P
Blueprint and duplicating services P P P P P P
Boat and other marine sales and
rental
C C P
Boat services C P
Body and fender shops and spray
painting
P P P
Building materials sales yards P P P
Building movers storage yard P P P
Car washes C
Car and truck washes (with or
without drive-through operation)

P C C C P C P C
Electric Vehicle Charging Station,
Small
P P P P P P P Chapter
110.96
Electric Vehicle Charging Station,
Large
P P P P P P P Chapter
110.96
Employment agencies P P P
Equipment rental services P C
Equipment sales and storage P
Feed and grain sales P P P P P
Gasoline service stations, not
including the concurrent sale of beer
and wine for off-premises
consumption

P P C C C P C P
Gasoline service stations, with
concurrent sale of beer and wine for
off-premises consumption

C C C C C C
Golf cart sales and service P P
Golf courses, not including the
construction of buildings
P
Laboratories, film, dental, medical,
research or testing

P P C P P P P
Liquid petroleum service stationsG C C
Lumberyards, including only
incidental millwork
P P P
Meteorological towers P
815
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Mini-storage C C C P C P C P Section
120.04.020
Mobilehome sales and storage,
trailer sales and rental house trailers
P
Mobilehome sales lot P P P
Parcel Delivery Services P P P P
Petroleum and Bulk Fuel Storage,
above ground
C C C
Printers or Publishers P P P P P P
Professional Offices P P P P P P P
Sale, Rental, Repair, or
Demonstration of Motorcycles,
Scooters, and Motorbikes
C C P
Sex-oriented Businesses Subject to the provisions of the Eastvale Municipal Code Stations, Bus, Railroad and Taxi P P
Tire Recapping P
Tire Sales and Service, not including
recapping
P C P
Trailer and Boat Storage P
Travel Trailers and Recreational
Vehicle Sales and Service
C
Truck and Trailer Sales, and Rental,
and Storage

C C P C P C P
Truck Service C C P P P
Public and quasi-public uses
Airports C C C C
Ambulance Services C C P P P P
Cemeteries, Crematories and
Mausoleums
C C
Communications and Microwave
Installations
P P P Section
120.04.140
Fire and Police Stations P P P P
Hazardous Waste Facilities C
Heliports C C C P P P
Hospitals C C
Mortuaries P C
Public utility substations and storage
yards

P P P P
Sewage treatment plants C C
Recreation, education, and public assembly uses
Art gallery, library, reading room,
museum
P P P
Indoor amusement/entertainment
facility: establishments providing
indoor amusement and
entertainment services as primary
uses for a fee or admission charge,
including dance halls and ballrooms
P P
816
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and electronic game arcades.

Establishments with four or more
electronic games or coin-operated
amusements, or where 50 percent or
more of the floor area is occupied by
amusement devices, are considered
an electronic game arcade as
described in this category; three or
fewer machines are not considered a
land use separate from the primary
use of the site
Indoor fitness and sports facility:
predominantly participant sports and
health activities conducted entirely
within an enclosed building. Typical
uses include bowling alleys, billiard
parlors, ice/roller skating rinks,
indoor racquetball courts, indoor
climbing facilities, soccer areas,
athletic clubs and health clubs

C C C P P P P
Outdoor commercial recreation:
facility for various outdoor
participant sports and types of
recreation where a fee is charged for
use (e.g., amphitheaters, amusement
and theme parks, golf driving ranges,
health and athletic clubs with
outdoor facilities, miniature golf
courses, skateboard parks, stadiums
and coliseums, swim and tennis
clubs, water slides, zoos)
C C C
Public or private recreation,
including parks
C
Recreational vehicle parks C
Hunting clubs, skeet, trap, rifle and
pistol ranges
C
Industrial, manufacturing and processing uses
Abattoirs C C
Acid and abrasives manufacturing C C C
Auto wrecking and junkyards C C
Blast furnaces C
Breweries, distilleries and wineries C P P
Casting metals C
Cold storage plant P P P
Communications and microwave
installations
P P P P Section
120.04.140
Concrete batch plants and asphalt
plants
C C C
Contractor storage yards P P P
817
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Disposal service operations C C
Disposal service operations, not
including transfer stations
C
Fertilizer production and processing
organic or inorganic
C C C Section
120.04.060
Field, tree and bush crops; flower
and herb gardening
P
Hauling, freighting and trucking
operations
C P P
Industrial and manufacturing uses P P P P
Manufacturing, limited: limited
manufacturing, fabricating,
processing, packaging, treating, and
incidental storage related thereto,
provided any such activity shall be in
the same line of merchandise or
service as the trade or service
business conducted on the premises

P P P P
Manufacturing, minor:
manufacturing, fabrication,
processing and assembly of materials
from parts that are already in
processed form and that, in their
maintenance, assembly, manufacture
or plant operation, do not create
excessive amounts of smoke, gas,
odor, dust, sound or other
objectionable influences that might
be obnoxious to persons conducting
business on-site or on an adjacent
site. Uses include but are not limited
to furniture manufacturing and
cabinet shops, laundry and dry
cleaning plants, metal products
fabrication, and food and beverage
manufacturing

C P P P
Manufacturing, major:
manufacturing, fabrication,
processing and assembly of materials
in a raw form. Uses in this category
typically create greater than usual
amounts of smoke, gas, odor, dust,
sound or other objectionable
influences that might be obnoxious
to persons conducting business onsite or on an adjacent site. Uses include but are not limited to batch
plants, rendering plants, aggregate
processing facilities, plastics and
rubber products manufacturing
C P P
818
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Meat and poultry products, not
including meat packing or
slaughtering
P P P
Meat packing plants C
Paints and varnishes P
Paints and varnishes manufacturing
and incidental storage
C C
Paper storage and recycling, not
within a building
C C C Section
120.04.110
Poultry and egg processing C C C
Railroad yards and stations P P P
Recycling collection facilities P P P P P P Section
120.04.110
Recycling of wood, metal,
construction wastes and other
materials
C C C P Section
120.04.110
Sand blasting C C
Smelting metal and foundries C C
Trailer and boat storage, outdoor C C C
Trailer, recreational vehicle and boat
storage within an enclosed building

P P P P
Vehicle storage and impoundment
within an enclosed building

P P P P
Vehicle storage and impoundment,
outdoor
C C C
Vehicles, aircraft, boats and parts
manufacture
P P P
Warehousing and distribution P P P
Warehousing and distribution,
including mini-storage facilities
P P P P Section
120.04.120
Agricultural uses
Agricultural uses of the soils for crops P P P
GrazingG P
Kennel and cattery, class IG P P P Section
120.04.070
Kennel and cattery, class IIG P P P
Kennel and cattery, class IIIG P P P
Kennel and cattery, class IVG C C C
Residential uses
Caretaker's unitG P P P P P P
Congregate care residential facilities
(7 or more persons)
C Section
120.04.030
Emergency shelters P
Mobilehomes P P P P P P Section
120.04.020
Single-room occupancy units C
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G Denotes a specific definition. Please see section 120.06.010, glossary. (d) Development standards. The following development standards are applicable to the commercial and industrial zones. These standards, along with other development standards (e.g., landscaping requirements, signs, parking standards) are intended to assist property owners and project designers in understanding the city's minimum requirements and expectations for high-quality development. (Ord. of 7-2012, § 3.3; Ord. No. 2013-09, § 3, 5-22-2013; Ord. No. 2018-01, § 3(Exh. A), 2-14-2018; Ord. No. 23-26, § 2, 1-10-2024)
CHAPTER 120.04. STANDARDS RELATED TO SPECIFIC USES
Sec. 120.04.170. Drive-in and drive-through uses.
(a) Intent. The intent of this section is to do each of the following:
(1) Regulate drive-through businesses to ensure compatibility of such uses with surrounding uses and properties.
(2) Ensure that an adequate amount of space is allocated for on-site maneuvering and circulation. (3) Ensure vehicles in a queue for service do not impede traffic on abutting streets and parking areas. (4) Ensure that vehicle stacking lanes will not have nuisance impacts on neighboring properties and nearby residential uses.
(5) Establish development standards to mitigate the impacts of traffic, congestion, excessive pavement, litter, and noise while ensuring pedestrian connectivity is uninterrupted by vehicles. (6) Ensure outdoor spaces are provided and preserved.
(b) Permitted zoning. Drive-in and drive-through facilities shall be allowed per chapter 120.03, zoning district regulations.
(c) Design and development standards.
(1) Required studies. The design of all drive-through lanes for any facility shall be subject to review and approval of a drive-through queuing analysis (or such other study as requested by the City Engineer or their designee) prepared by an independent traffic engineer licensed by the State of California, and provided to the City by the developer, at such developer’s sole expense, at the time of application for such use.
(2) Building placement and orientation.
a. The minimum net land area for uses with drive-through facilities is one (1) acre. This minimum land area may be modified by the reviewing authority through the design review process when the drive-through facility is within a specific plan or an integrated shopping center. b. Buildings shall be placed on the front yard or street side yard setback line and oriented so that the primary public entrance faces the street and so that any mechanical equipment or other supporting equipment are screened from the public view at grade and from higher buildings. c. Outdoor dining and seating areas shall be located near the main pedestrian entrance. 820

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Title 120 - PLANNING AND ZONING
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Page 11 of 39 ends

d. Walk-up windows, if used, shall be located near outdoor dining areas or other pedestrian areas, to encourage accessibility and limit vehicle and pedestrian conflicts. e. Buildings may be clustered to create a plaza or outdoor dining area between buildings. f. Pedestrian pathways and sidewalks must provide safe and convenient access to the building, shall connect directly to the public right-of-way, and shall not cross driveways or stacking lanes to get to the building entrance.
g. The drive-through lanes shall not be located between the property line and the front of the building.
h. Drive-through lanes shall be located to the side or rear of the building and shall be screened with a combination of decorative and split face low screen walls with capping and dense landscaping. The drive-through lanes may be designed to pass through an enclosed building element that is architecturally consistent and integrated into the building’s design so that the lanes are enclosed.
i. Loading and service areas must be located on the site to minimize potential noise incompatibility with surrounding properties and so that, to the maximum extent feasible, they are not visible from the rights -of-way.
j. Future drive-through facilities proposed in a master plan or shopping center shall be identified early in the review process to avoid retrofitting the site at a later date. 821

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Title 120 - PLANNING AND ZONING
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Page 12 of 39 ends

Figure 4.17-1. Drive-Through Design
(3) Building entrances.
a. Primary building entrances and entry features shall be clearly defined through variation of architectural planes on the building and pavement surfaces, and must be accessible from a courtyard or plaza.
822

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Title 120 - PLANNING AND ZONING
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b. The primary building entries shall be accessed directly from the sidewalk in the public right-ofway or from within the development site. Pedestrian circulation paths may only intersect or cross a drive-through lane(s) if the applicant can demonstrate that there are no other feasible or practical options available, in which case the pedestrian crossing shall be raised to create a hump to enhance pedestrian safety.
(4) Building architecture and articulation.
a. Prominent architectural features shall be located near corners, intersections, or where visible to the public right-of-way to promote and enhance the primary building entrance. b. Drive-through facilities within an integrated shopping center or master plan must have an architectural style consistent with the theme established in the center. c. The architecture of drive-through facilities must be compatible and consistent with surrounding uses in form, materials, colors, scale, etc.
d. Building planes shall have variation in depth and angle to create variety and interest in the basic form and silhouette of the building.
e. Articulation of building surfaces shall be encouraged through the use of openings and recesses which create texture and shadow patterns.
f. For the purposes of screening, mechanical and/or electrical equipment, when feasible shall be integrated into the architecture and design of the proposed building. (5) Outdoor dining areas for restaurants.
a. Outdoor dining areas are required for all new drive-in and drive-through restaurant facilities. b. Outdoor dining areas shall be designed as an integral part of the drive-through facility, and can include plazas, arcades, colonnades, or courtyards.
c. Outdoor dining areas and other publicly accessible outdoor spaces shall include tables and seating, trash cans, and structures that provide shade and protection from the weather. d. To the maximum extent feasible, outdoor dining areas shall be oriented for maximum benefit of sunlight and views and to the extent possible, outdoor dining areas shall be oriented away from drive-through stacking lanes.
e. The minimum dimension of an outdoor dining area shall be 20 feet measured in any direction with a minimum area of 450 square feet.
(6) Parking and Circulation
823

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Title 120 - PLANNING AND ZONING
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a. Parking. The parking for drive-through facilities shall be determined according to Sec. 120.05.060. - Off-street vehicle parking.
b. Setbacks. Parking and the drive-through lane(s) shall be set back a minimum of 45 feet from the curb face of a public street. Greater setbacks may be required as mentioned in an applicable specific plan or as deemed necessary during the design review process. (7) Stacking requirements.
a. Drive-through lanes shall be designed to accommodate adequate vehicle stacking as determined by a drive-through queuing analysis, reviewed by the City Engineer or their designee, that shall be based on the number of vehicles in the drive-through lanes for seven (7) consecutive days during peak lunch hours between 11:00 a.m. to 2:00 p.m. and peak dinner hours between 5:00 p.m. to 8:00 p.m. at three (3) different locations in cities with a similar population as Eastvale and in a similar location as the proposed site. At the request of the City Engineer or their designee, additional information may be requested to ensure a complete and accurate evaluation of the drive-through design.
b. All stacking must be designed to be accommodated on the site of the drive-through use without impacting or causing obstructions to adjacent tenants, drive-aisles, parking spaces, or public or private streets.
c. In the event that the number of vehicles waiting at the service window or kiosk exceeds the length of the stacking lane(s), personnel from the drive-through establishment shall manage the queue to ensure that all vehicles do not block or interfere with on-site vehicular and pedestrian circulation and parking areas.
d. Drive-Through Lane Design
i. The entrance and exit of a drive-through lane must be at least 50 feet from an intersection of public rights-of-way when measured at the closest intersecting curbs. ii. The drive-through lane must be at least 10 feet wide with a minimum 10-foot interior radius at curves.
iii. At a minimum, food and beverage drive-through businesses shall provide stacking space for at least six (6) vehicles before the order menu board, and other serviceoriented drive-through businesses shall provide stacking space for at least six (6) vehicles before the drive-up window or kiosk.
iv. The drive-through lanes shall be separate from the circulation route necessary for ingress and egress from the property or access to any parking spaces within the site using concrete curbing or paint striping on at least one side of the lane. These requirements do not apply to the reuse of existing properties. v. All stacking lanes must be clearly identified with pavement markings and signage to indicate the entrance, direction of traffic flow and exit. vi. At the discretion of the approving authority, the driveway-through lane design may be required to provide for a minimum nine (9) feet wide escape/emergency lane allowing motorists to exit the stacking lane before reaching the drive-through window. (8) Performance Standards
824

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Title 120 - PLANNING AND ZONING
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Page 15 of 39 ends

a. The use shall be operated in a manner that does not interfere with the normal use of adjoining properties. If, in the opinion of the Community Development Director or their designee, the provisions of this paragraph are being violated, the violations shall be grounds for reopening conditional use permit hearings and adding conditions to control the violation. Performance standards include, but are not limited to, the following considerations, which, where appropriate, shall be incorporated as conditions of approval in all use permits as determined by the approving body:
i. All graffiti shall be removed within 72 hours.
ii. No undesirable odors shall be generated on the site. iii. Noise levels measured at the property line shall not exceed the level of background noise normally found in the area or as required per Chapter 8.52. – Noise regulation. iv. All exterior lighting shall be contained to the subject property and shall not encroach onto neighboring properties as consistent with Sec. 120.05.050. – Outdoor lighting. v. A traffic management plan shall be submitted, reviewed, and approved by the Community Development Director and the City Engineer. This plan shall include detailed information and mitigation measures (such as traffic control measures, tablets, online orders, temporary drive-through closures, and/or use of off-duty officers for traffic control) to ensure visitor vehicles shall remain completely on-site and shall not impede any public rights-of-way (streets, drives, walks, etc.), drive aisles, parking spaces, etc. This plan shall be kept onsite and made available to the store manager from implementation as required.
(9) Additional permit findings.
a. In addition to the findings required for the granting of the applicable discretionary application, the following additional findings are required to be made by the approving body in approving a discretionary permit for a drive-through business:
i. That the proposed amount of parking, circulation plan, and traffic management plan will provide adequate area for safe stacking and maneuvering of vehicles, and the site design will provide adequate buffering for the use from adjoining land uses:
ii. The proposed location of the drive-through facility will not result in adverse impacts upon the vicinity after giving consideration to a litter clean-up plan, the hours of operation, and the site plan;
iii. The proposed location of the drive-through facility will not block existing drive aisles in shared parking areas;
iv. The proposed location of the drive-through facility will not interfere with and or impact on-site pedestrian access and circulation.
v. The use will not substantially less the usability of adjacent or nearby commercially zoned property or commercial use by interfering with pedestrian traffic; vi. That the use will not create increased traffic hazards to pedestrians; vii. That the site will be adequate in size and shape to accommodate said use and to accommodate all yards, walls, parking, landscaping, and other required improvements; and
825

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Title 120 - PLANNING AND ZONING
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Page 16 of 39 ends

viii. That the use will not substantially lessen the usability and suitability of adjacent or nearby residentially zoned property for residential use.

CHAPTER 120.05. DEVELOPMENT STANDARDS
Sec. 120.05.060. Off-street vehicle parking.

The purpose of this section is to provide sufficient off-street parking and loading spaces for all land uses in the city and to ensure the provision and maintenance of safe, adequate and well-designed off-street parking facilities. It is the intent of this section that the number of required parking and loading spaces will meet the needs created by the particular uses. The standards for parking facilities are also intended to reduce street congestion and traffic hazards and promote vehicular and pedestrian safety and efficient land use. Off-street vehicle parking shall be provided in accordance with this section when the associated building or structure is constructed or the use is established. Additional off-street parking shall be provided in accordance with this section when an existing building is altered or dwelling units, apartments or guestrooms are added, or a use is intensified by the addition of floor space or seating capacity, or there is a change of use. (1) Parking design standards.
a. Approval of off-street parking plan.
b. Number of required parking spaces.
c. Location and design of parking spaces.
(…)
Use Type Per Square Foot or Unit Per Employee
or Student
Other Criteria
General commercial/retail uses
Auditoriums, exhibition halls, theaters,
movie theaters and similar places with
fixed seats
1 space per 3 seats
Auditoriums, exhibition halls, theaters,
movie theaters, and similar places
without fixed seats
1 space per 30 sq. ft. of net
assembly area
Automobile repair and service shops 1 space per 150 sq. ft. gross floor area
Automobile service stations 4 spaces 4 spaces per
service bay
Automobile washing and cleaning
establishments, except self-serve
1 space per 3
employees of
largest shift
2 spaces per
stall
Automobile washing and cleaning
establishments, self-serve
2 spaces per
stall
826
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Banks, savings and loans and other
financial institutions*
1 space per 250 sq. ft. gross
floor area
Vehicle stacking
for 6 vehicles
prior to the
drive-up
window or as
required by the
queueing
analysis.

Barbershops and beauty shops and
similar uses
1 space per 150 sq. ft. gross
floor area
Clubs, discos, ballrooms, cabarets,
cocktail lounges, dance halls, lodges and
incidental dancing areas, and similar
facilities where dancing is the principal
use
1 space per 30 sq. ft. of dance
floor area
General retail including but not limited
to freestanding convenience markets,
liquor stores and supermarkets
1 space per 200 sq. ft. of
gross floor area
General retail including but not limited
to neighborhood, community and
regional shopping centers, including
those with restaurants
5½ spaces per 1,000 sq ft. of
net leasable floor area
Furniture, drapery, plumbing, floor
covering and appliance stores
1 space per 750 sq. ft. of sale
or display area
Laundries, self-serve 1 space per 250 sq. ft. of
gross floor area
Mini-warehouses, self-storage 2 spaces per 3
employees
Professional business office 1 space per 200 sq. ft. of net leasable floor area
Restaurants, drive-throughs, walk-ups,
cafes, lounges, bars and other
establishments for the sale and
consumption on the premises of food
and beverages
1 space per 45 sq. ft. of
serving area
1 space per 2
employees
Stacking for 6
vehicles prior to
the menu board
or as required
by the queueing
analysis.

Uncovered sales area, including areas
for new or used automobiles, boat or
trailer sales, lumber or building
materials yards, plant nurseries or
similar uses
1 space per 1,000 sq. ft. of
uncovered sales area to a
maximum of 20 spaces
1 space per
employee
Video arcades 1 space per 250 sq. ft. of
gross floor area
Recreational uses
Billiard and pool rooms 1 space per 250
sq. ft. of gross
floor area
Bowling alleys 4 spaces per
lane
827
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Driving ranges 1 space per tee
Game courts, tennis courts, racquetball
clubs
1 space per
court
Golf courses 6 spaces per
hole
Golf course, miniature 3 spaces per
hole
Gymnasiums, spas and health studios 1 space per 200 sq. ft. of gross floor area
Parks and recreational uses 1 space per 8,000 sq. ft. of active recreational area
within a park
1 space per acre
of passive
recreational
area within a
park
Skating rinks, ice and roller 1 space per 20 sq. ft. of seating area, and 1 space per
250 sq. ft. of skating area
Stadiums and sports arenas 1 space per 30 sq. ft. of net assembly area
Swimming pools, commercial 1 space per 250 sq. ft. of pool area
Industrial uses
Industrial uses If number of workers cannot
be determined: 1 space per
250 sq. ft. of office area, plus
1 space per 500 sq. ft. of
fabrication area, plus 1 space
per 1,000 sq. ft. of storage
area, and 1 space per 500 sq.
ft. of floor plan which is
uncommitted to any type of
use
If number of
workers can be
determined: 1
space per 2
employees of
largest shift, and
1 space per
vehicle kept in
connection with
the use
Manufacturing or repair plants
maintaining more than one shift of
workers
2 spaces per 3
employees on
each of the two
largest shifts
1 space per
company
operated vehicle
Salvage yards and junkyards, including
but not limited to automobile
dismantling, auto-wrecking yards,
storage yards, scrap metal processing
and similar uses
1 space per 5,000 sq. ft. of lot
area
Warehouses and wholesaling 1 space per 2,000 sq. ft. of gross floor area
Residential uses
Single-family 2 spaces per dwelling unit
Multiple-family:

Single-bedroom or studio dwelling
unit

1.25 spaces per unit
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Two bedrooms per dwelling
unit

2.25 spaces per
unit
1 space per
employee
Three or more bedrooms per dwelling
unit

2.75 spaces per unit
Planned residential development (see
section 120.04.050):

Single-bedroom dwelling unit 1.5 spaces per unit
Two or more bedroom dwelling unit 2.5 spaces per unit
Senior citizen (parking spaces shall be
located no more than 150 feet from the
unit they serve)
Refer to single-family and
multiple-family residential
requirements stated under
residential uses
Mobilehome parks 2 spaces per travel trailer or
mobilehome space, spaces
may be tandem
1 guest space
per 8
mobilehome
spaces
Lodging uses (all parking must be within
150 feet of the use served)
Boardinghouses, lodginghouses or
roominghouses, dormitories, fraternity
and sorority houses
1 space per 2
beds
Hotels and motels 1 space per
room, and 2
spaces per
resident
manager
Recreational vehicle parks 1 space per recreation
vehicle site
1 visitor space
per 5
recreational
vehicle sites
Medical uses
Sanitariums, convalescent homes,
children's homes, asylums, and nursing
homes or similar institutions
1 space per 3
employees
1 space per 3
beds, and 1
space per
vehicle owned
and operated by
the institution
Hospitals and clinics (a hospital may
have a parking area more than 150 feet
from the building to be served as long as
an automatic parking gate or similar
method of vehicular control is installed)
1 space per
staff member of
largest shift
1 space per 2
patient's beds,
and 1 space per
vehicle owned
and operated by
hospital or clinic
Medical and dental offices, clinics, and
medical business offices
1 space per 200 sq. ft. of net
leasable floor area
Veterinary hospitals and clinics 1 space per 300 sq. ft. of gross floor area
Civic/religious institutions
Auditoriums with fixed seats 1 space per 3 seats
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Auditoriums without fixed seats 1 space per 30 sq. ft. of net assembly area in the
assembly hall
Cemeteries and crematories,
mausoleums, columbariums and funeral
establishments when incidental to a
cemetery
1 space per 30 sq. ft of net
assembly room area
1 space per
employee
1 space per
vehicle operated
on the grounds
by the
proprietary
institution
Churches, chapels and other places of
worship
1 space per 35 sq. ft. of net
assembly area used
simultaneously for assembly
purposes
When a school
bus is kept,
there can be a
reduction of 2
spaces for bus
Libraries, museums, art galleries or
similar uses
1 space per 300 sq. ft. of
gross floor area
1 space per 2
employees
Mortuary and funeral homes 1 space per 35 sq. ft. of net assembly area
1 space per
employee
Public utilities/telecommunications
Public utility facilities, including but not
limited to electric, gas, telephone, and
telecommunication facilities not having
business offices on the premises;
includes cell towers and well sites.
1 space per 2
employees
1 space per
vehicle kept in
connection with
the use
Educational Institutions* Per Square Foot or Unit Per
Employee
or Student
Other
Criteria
For Vehicle
Stacking
Day care centers, including
nurseries and preschools
1 space per 500 sq. ft. of
gross floor area
When a
school bus
is kept,
there can
be a
reduction
of 2 spaces
for bus
Private elementary and
intermediate
Whichever is greater: 1 space
per classroom, or 1 space per
3 seats in the auditorium or
multipurpose room
1 space per
employee
When a
school bus
is kept,
there can
be a
reduction
of 2 spaces
for bus
Loading/unloading
space for at least
2 school buses
Private high schools Whichever is greater: 1 space
per classroom, or 1 space per
3 seats in the auditorium or
multipurpose room
1 space per
employee,
and 1
space per 8
students
When a
school bus
is kept,
there can
be a
Loading/unloading
space for at least
2 school buses
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reduction
of 2 spaces
for bus
Private colleges and
universities
1 space per 30 sq. ft. of net
assembly area of main
auditorium or stadium
1 space per
employee,
plus 1
space per
faculty
member,
and 1
space per 2
students
Trade schools, business
colleges and commercial
schools
1 space per 30 sq. ft. of net
assembly area of main
auditorium or stadium
1 space per
employee,
plus 1
space per
faculty
member,
and 1
space per 2
students
*The city does not regulate public schools.
d. Parking requirements for uses not specified. When parking requirements for a use are not specifically stated, the parking requirement for such use shall be determined by the community development director, based on the requirement for the most comparable listed use in this title. e. Request for modifications from parking standards. The community development director may, without notice or hearing, permit modifications to the circulation and parking layout requirements where topographic or other physical conditions make it impractical to require strict compliance with these requirements.
(Ord. of 7-2012, § 5.6; Ord. No. 2013-09, § 3, 5-22-2013; Ord. No. 23-22, § 1, 2-8-2023) CHAPTER 120.06. GLOSSARY
Sec. 120.06.010. Glossary of terms.
(a) For the purpose of this zoning title, certain words and terms used in this title are defined as follows:

Abandoned sign means any sign which is located on a premises that has been vacated for a period of more than 90 days as regulated in section 120.05.070(e), nonconforming and abandoned signs.

Accessory building.
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(1) The term "accessory building" means a subordinate building on the same lot or building site, the use of which is incidental to that of the main building. A mobilehome shall constitute a main building where installed.
(2) The term "accessory building" does not means a second unit, as defined by state law and this Code.

Accessory structures means buildings or structures separate from the main dwelling unit, such as carports, storage sheds, and pool houses.

Accessory use means a use customarily incidental and accessory to the principal use of a lot or a building which is located upon the same lot or building site.

Agricultural uses of the soils for crops includes the grazing of not more than two mature farm animals per acre and their immature offspring.

Agricultural workers' housing means any on-site employee housing for agricultural workers, subject to special provisions included within this title.

Agricultural zone means zones A-1 and A-2.

Alley means a public or private thoroughfare or way, permanently reserved and having a width of not more than 20 feet, which affords only a secondary means of access to abutting property.

Alternative access means a public road or driveway constructed pursuant to appropriate city standards with no restrictions.

Apartment means a room or suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one family.

Assembly area, net, means the area of a structure which does not include foyers, corridors, restrooms, kitchens, storage and other areas not used for the assembly of people.

Attractive nuisances means any condition that is dangerous or likely to shelter vagrants or criminal activities, including but not limited to:
(1) Any abandoned or substandard structure, building or fence; (2) Abandoned, broken or neglected equipment, appliances or machinery; and (3) Hazardous swimming pools, ponds or other excavations including abandoned shafts or basements.

Auction means the sale of new and used merchandise offered to bidders by an auctioneer for money or other consideration.

Automatic control timer means a mechanical or solid state timer, capable of operating valve stations to set the days and length of time of a water application.

Automobile storage space means a permanently maintained space on the same lot or building site as the use it is designed to serve.

Automobile wrecking means the dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts, outside of an enclosed building, but not including the incidental storage of vehicles in connection with the operation of a repair garage.

Basement means a story partly underground and having at least one-half its height measured from its floor to its finished ceiling, below the average adjoining grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its finished ceiling is over five feet.

Beauty shop means beauty shops, including beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area. 832
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Billboard means a sign which advertises or identifies a use, good or service not located on the same lot or premises as the sign.

Boardinghouse, roominghouse or lodginghouse means a building where lodging and meals are provided for compensation for six but not more than 15 persons, not including rest homes.

Building means a structure having a roof supported by columns or walls. See Structure.

Building frontage, primary, means the building frontage that faces the street (i.e., immediately adjacent or behind a parking area). In cases where a building has more than one street frontage, the longest of the street frontages shall be considered the primary building frontage. In cases where a business has no building frontage facing a street, the building frontage with the primary business entrance shall be considered the primary building frontage. (See figure 6-1, building frontage and primary building frontage). For multitenant buildings, ground floor tenants may have their primary frontage determined independently of the rest of the building based upon the aforementioned rules.

Figure 6-1. Building Frontage and Primary Building Frontage Building height. See section 120.05.010(c), height measurement.

Building, main, means a building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the main building on the lot on which the same is situated.

Building setback line means the distance between the highway line or permanent access easement located on the same lot and the minimum setback distance required by the underlying zone.

Building site means the ground area of a building or buildings together with all open spaces adjacent thereto, as required by this title.

Bungalow court means two or more dwelling units detached or connected.

Business sign means any structure, sign, banner, flag, device, figure, painting, display, message placard or other contrivance, or any part thereof, which has been designated to advertise a business, or to provide data or information regarding services that are provided by that business. 833
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Camps means any parcel or parcels of land used wholly or in part for recreational, educational, or religious purposes, accommodating five or more children or adults, that is operated as a day camp and/or a resident camp.

Car pool means two or more people traveling together on a continuing and prearranged basis in a motor vehicle over routes tailored to accommodate rider needs.

Caretaker's unit means one-family dwellings on the same parcel as the industrial or commercial use provided such dwellings are occupied exclusively by the proprietor or caretaker of the use and their immediate families.

Catteries means any building, structure, enclosure or premises whereupon or within which ten or more cats, four months of age or older, are kept or maintained. (See section 120.04.070, kennels and catteries.) Catteries, commercial, means any building, structure, enclosure or premises whereupon or within which five or more cats are kept or maintained primarily for financial profit for the purpose of boarding, breeding, training, marketing, hire, or any other similar purpose.

Catteries, noncommercial, means any building, structure, enclosure, or premises whereupon or within which five or more cats are kept or maintained, but not primarily for financial profit.

Ceramic sales and manufacturing for on-site sales means the sale and manufacturing of ceramics for on-site sales.

Certified recycling facility means a facility approved by the state to collect and redeem recyclable materials for a value not less than that which has been established by the state.

City means the City of Eastvale.

Clinic means a place used for the care, diagnosis, and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room, nor kept overnight on the premises.

Club.
(1) The term "club" means a nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose.
(2) The term "club" does not include a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

Commercial poultry operation means the raising for profit of chickens, turkeys, ducks, geese or other fowls, but not including flocks of less than 200 birds, pigeons or smaller fowls, pets or hatcheries.

Commercial vehicle means any motor vehicle, truck or trailer used for the transportation of passengers, goods, wares or merchandise having a manufacturer's gross vehicle unladen weight rating greater than 10,000 pounds.

Commission means the city planning commission.

Compensation means anything of value.

Conditional use permit allows for consideration of special uses which may be essential or desirable to a particular community, but which are not allowed as a matter of right within a zoning district, through a public hearing process. A conditional use permit can provide flexibility within a zoning code. Another traditional purpose of the conditional use permit is to enable a municipality to control certain uses which could have detrimental effects on the community.

Congregate care facility means a housing arrangement developed pursuant to section 120.04.030, where nonmedical care and supervision are provided, including meals and social, recreational, homemaking and security services.
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Convenience zone means a geographical area designated by the state department of conservation which comprises a one-half-mile radius around an established supermarket or grocery store with gross annual sales of $2,000,000.00 or more in underserved areas with no supermarket.

Cool season turf grass means turf grass which withstands winter cold and grows best during the cooler months of the year. Most types languish in hot, dry summers and are best adapted to cool regions or regions where marine influence tempers summer heat. Examples are bluegrasses, bents, fescues, and ryegrasses.

Cottage, commercial, means a dwelling wherein limited commercial uses are allowed provided that:
(1) The commercial use is conducted entirely within the dwelling; (2) The use is secondary to the principal use of the dwelling as a residence; (3) The commercial use does not require substantial parking and circulation facilities; (4) The residential character of the exterior and interior of the dwelling is not changed; and (5) The combination of residential and commercial uses in one dwelling does not violate state, city and county sanitation requirements.

The commercial use cottage must be compatible with the established neighborhood, and must be subject to development review or conditional use permit approval. No more than two persons may be employed on the premises in addition to the family residing in the dwelling.

County means the County of Riverside.

Covenants, conditions and restrictions (CC&Rs) means a document used to describe restrictive limitations placed on real property and its uses, and which usually are made a condition of holding legal title to, or leasehold interest in, the real property in question.

Crop coefficiency means a correction factor, expressed as a decimal fraction, comparing the water consumption by a given plant species to the reference evapotranspiration (ETo). The term "reference Eto" means a standard of measurement of environmental parameters which affect the water use of plants. Reference ETo is given in inches per day, month or year and is an estimate of the ETo of a large field of four- to seven-inch-tall, cool season grass that is well watered. Reference ETo is used as the basis of determining the maximum water allowances so that regional differences in climate can be accommodated.

Crop production means the drying, packing, processing, canning, freezing and other accepted methods of processing the produce, nuts and other horticultural products, resulting from such permitted uses, and when such processing is primarily in conjunction with a farming operation and further provided that the permanent buildings and structures used in conjunction with such drying, packing and processing operations are not nearer than 20 feet from the boundaries of the premises.

Crowing fowl, as used in this title, includes chickens, peafowl and guinea fowl.

Dairy farm means a parcel or contiguous parcels of land used primarily to maintain cattle for the production of milk, including a building or buildings for milking, processing of milk produced on the premises, retail or wholesale sales and deliveries of such milk, and other buildings and structures incidental to the operation.

Day care center means a day care facility other than a family day care home, including infant centers, preschools, and extended day care facilities. Such a facility must provide care to children or adults in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis.

Decorative fence means a fence installed for decorative purposes, such as split rail, picket, wrought iron, or low brick or stucco walls, constructed alternately of brick or masonry, and sections of wrought iron, aluminum or material similar in appearance.
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Display face.
(1) The term "display face" means the surface area of a sign available for the purpose of displaying an advertising message.
(2) The term "display face" does not include the structural supports or lighting.

Disposal service operations means areas for the storage and maintenance of vehicles and equipment used in the collection, transportation and removal of garbage and rubbish not including storage or dumping of garbage or rubbish.

Draying, freighting and truck operations means a business whose sole purpose is to move goods by truck as opposed to businesses which produce, store and then distribute goods such as manufacturers with warehouses and distribution centers. See Warehousing and distribution.

Drive-in and drive-through operations or facilities, means a business which includes dining services (such as but not limited to restaurants, coffee shops, or online food/beverage order pick-up) or other services (such as but not limited to banks, carwashes, pharmacies, or other pick-up operations) that are designed so that customers can be served while remaining in their vehicles in a dedicated queue lane.

Dwelling means a building or portion thereof designed for or occupied exclusively for residential purposes including one-family and multiple-family dwellings but not including hotels, auto courts, boardinghouses or lodginghouses.

Dwelling, guest, means a building that contains no cooking facilities and is used exclusively for housing members of a single-family and their nonpaying guests. A guest dwelling shall be subject to the provisions of section 120.04.010.

Dwelling, multiple-family, means a building or portion thereof used to house two or more families, including domestic employees or each such family, living independently of each other, and doing their own cooking.

Dwelling, one-family, means a building or structure, including a mobilehome or manufactured home, containing one kitchen and used to house not more than one family, including domestic employees.

Dwelling, resort, means a building used exclusively for residential purposes, containing not more than two kitchens, with permanent interior means of access between all parts of the building, and located on a lot in a recorded subdivision with an average lot area of 10,000 square feet or more. No such dwelling shall be erected unless, as a part of the purchase price of the property, the purchaser receives the privilege of use of recreational facilities such as golf courses or polo fields, which facilities are adjacent to and a part of the residential development. No reduction of yard setbacks shall be permitted despite any other provisions of this title.

Dwelling, second-unit, means an attached or detached dwelling unit which provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking and sanitation sited on the same parcel as the primary dwelling unit. The term "second-unit dwelling" includes granny flats.

Dwelling, two-family.
(1) The term "two-family dwelling" means an attached building (e.g., duplex) designed for occupancy by two families living independently of each other, where both dwellings are located on a single lot. For the purposes of this title, this definition also includes halfplexes (two attached units, each with a separate lot). More than one two-family dwelling may be located on a single lot consistent with the density provisions of the general plan.
(2) The term "two-family dwelling" does not include second dwelling units. See Dwelling, second-unit.

Dwelling unit means a building or portion thereof used by one family and containing one kitchen.

Dwelling unit, factory-built.
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(1) The term "factory-built dwelling unit" means a dwelling unit constructed in accordance with the Uniform Building Code and manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage or destruction of the part.
(2) The term "factory-built dwelling unit" does not include a mobilehome, a mobile accessory building or structure, a recreational vehicle, or a commercial coach.

Dwelling unit, manufactured.
(1) The term "manufactured dwelling unit" means a residential structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. (2) The term "manufactured dwelling unit" does not include a factory-built dwelling unit, a mobile accessory building or structure, a recreational vehicle or a commercial coach.

Edge of a right-of-way means a measurement from the edge of a right-of-way horizontally along a line normal or perpendicular to the centerline of the freeway or highway.

Educational institutions means schools, colleges or universities, supported wholly or in part by public funds, and other schools, colleges and universities giving general instruction as determined by the state board of education.

Electronic sign means a sign with a fixed or changing display/message that can be changed through electronic means.

Electric vehicle charging station, small means a station that is designed and operated as a use ancillary to the primary permitted use on the site (such as a single family residence, condominium, apartment, office building, commercial retail, parking lot, garage or structure) in order to deliver electricity to personal or commercial passenger vehicles and trucks owned or operated by individuals who either reside or work on the site or are guests on the site where the charging station is located.

Electric vehicle charging station, large means a station that is designed to charge personal passenger vehicles and trucks and/or commercial passenger vehicles and trucks which is open to the public, whether with or without the payment of fees, subscriptions or monetary charges for the service. A “large electric vehicle charging station” includes the electrical and mechanical equipment as defined in Article 625 of the California Electrical Code, and any subsequent amendments, that is necessary to delivery electricity from a source outside an electric vehicle into a plug-in electric vehicle. It does not include ancillary equipment and facilities that are not directly necessary for the charging of plug-in electric vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities. Such ancillary equipment and facilities are not subject to the expedited application and permitting requirements as referenced in Chapter 110.96, electric vehicle charging systems, but shall be subject to the applicable development review process as referenced in Section 120.02.010, development review.

Emergency access means a private drive or roadway providing access to one or more buildings. The access may be gated and locked at one or both ends restricting traffic to emergency vehicles only.

Emergency shelter means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

Equipment rental services means equipment rental services, including rototillers, power mowers, sanders, power saws, cement and plaster mixers not exceeding ten cubic feet in capacity and other similar equipment.

Erected means built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operations on the land required for a building.
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Established facility means an existing, legally permitted facility that is designed and constructed to accommodate 2,000 or more people.

Evapotranspiration means the quantity of water evaporated from adjacent soil surfaces, transpired by plants, and retained in plant tissue during a specific time.

Event, major. See definition in section 120.01.050(7), temporary event permits.

Event, minor. See definition in section 120.01.050(7), temporary event permits.

Event, temporary. See definition in section 120.01.050(7), temporary event permits.

Family means one or more persons living together in a dwelling unit, with common access to and common use of all living, kitchen and eating areas within the dwelling unit.

Family day care home, large, means state-licensed facilities that provide nonmedical care and supervision of minor children for periods of less than 24 hours within a single-family residence. The occupant of the residence provides care and supervision generally for seven to 14 children. As described in the California Health and Safety Code, large day care homes may provide services for up to 16 children when specific conditions are met.

Family day care home, small, means state-licensed facilities that provide nonmedical care and supervision of minor children for periods of less than 24 hours within a single-family residence. The occupant of the residence provides care and supervision generally to six or fewer children. As described in the California Health and Safety Code, small day care homes for children may provide services for up to eight children when specific conditions are met.

Farm means a parcel of land devoted to agricultural uses where the principal use is the propagation, care, and maintenance of viable plant and animal products for commercial purposes.

Farmworker housing means consistent with Health and Safety Code §§ 17021.5 and 17021.6, any employee housing consisting of no more than 36 beds in group quarters, or 12 units or spaces designed for use by a singlefamily or household, shall be deemed an agricultural land use designation. For the purpose of all local ordinances, employee housing shall not be deemed a use that implies that the employee housing is an activity that differs in any other way from an agricultural use. No conditional use permit, zoning variance or other zoning clearance shall be required of this employee housing that is not required of any other agricultural activity in the same zone. The permitted occupancy in employee housing in an agricultural zone shall include agricultural employees who do not work on the property where the employee housing is located.

Fence means a manmade continuous barrier of any material, or combination of materials, erected to prohibit entry to real property.

Freestanding sign means any sign not attached to any building or structure.

Freeway means a divided arterial highway for through traffic with full control of access and with grade separations at intersections.

Garage, private, means an accessory building or a main building or portion thereof, used for the shelter or storage of self-propelled vehicles, owned or operated by the occupants of a main building and wherein there is no service or storage for compensation.

Grazing means the grazing of cattle, horses, sheep, goats or other farm stock or animals, not including hogs, including the supplementary feeding thereof, not to exceed five animals per acre of all the land available; provided, however, the systematic rotation of animals with more than five animals per acre is permitted so long as the total number of permitted animals is not exceeded. For the grazing of sheep or goats, the permissible number of animals per acre may be multiplied by three, except that there shall be no limit to the permissible number of sheep which may be grazed per acre when the grazing is for the purpose of cleaning up unharvested crops, provided that such grazing is not conducted for more than four weeks in any six-month period. The provisions of this definition apply to mature breeding stock, maintenance stock and similar farm stock, and shall not apply to the 838
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