-26-
2. Event Area
1. Provide accessible restroom facilities ( where clustered shall provide 5% accessible but not fewer than 1)
2. Parking area to including accessible parking spaces and paths of travel to event (2 Percent of the total parking provided for the event). When necessary, temporary accessible spaces can be created in permanent paved lots, dirt lots, or fields. Choose spaces that are level, close to an accessible entrance and near existing curb ramps. Mark or block off an existing parking space with cones, barricades, or pavement marking tape to create a new access aisle and use the accessibility symbol to designate the accessible spaces. If no existing curb ramps are available and the new parking spaces border on the sidewalk, place a portable curb ramp in the temporary access aisle to gain access to the sidewalk level.
3. Provide engineering calculations from a California licensed Engineer, or State of California certificates, or third party reports for Bleachers & stage( s). a. Guards — when the floor level at any surface is more than 30 inches above the adjacent ground level, Guards shall be provided with the exception of the audience side of the stage.
4. Temporary electrical shall be installed in accordance with the current edition ofthe California Electric Code.
A. Portable generators shall be grounded.
B. All electric cords shall be protected from becoming tripping or fire hazards. Bridging must be provided for wheel chairs.
C. Overhead cords are to be rated for such use and must not hang lower than ( 10) ten feet above surrounding walking surfaces and ( 18) eighteen feet above fire lanes.
D. Portable or festoon lighting must be approved by the Building Official prior to installation.
5. Trash and waste containers shall be provided. At the conclusion of the event, the entire site shall be cleaned of all trash, debris and signage.
-27-
Attachment 5
Highland Municipal Code Section 8. 58 - Fireworks
-28-
3/ 31/ 22, 5: 22 PM Chapter 8. 58 FIREWORKS
Chapter 8. 58
FIREWORKS
Sections:
8. 58. 010 Definitions.
8. 58. 020 Prohibition.
8. 58. 030 Displays.
8. 58. 040 Exception.
8. 58. 050 Seizure and disposal.
8. 58. 060 Penalties.
8. 58. 010 Definitions. SHARE
Whenever, in this chapter, or in any resolution or standard adopted by the city council pursuant to this chapter, the following terms are used, they shall have the meaning ascribed to them in this section unless it is apparent from the context thereof that some other meaning is intended.
A. " Agricultural and wildlife fireworks" has the same meaning ascribed to that term under Section 12503 of the Califomia Health and Safety Code and shall mean fireworks designed and intended by the manufacturer to be used to prevent damage to crops or unwanted occupancy of areas by animals or birds through the employment of sound or Tight, or both.
B. " Dangerous fireworks" has the same meaning ascribed to that term under Section 12505 of the California Health and Safety Code and includes, but is not limited to, all of the following:
1. Any fireworks which contain any of the following:
a. Arsenic sulfide, arsenates or arsenites.
b. Boron.
c. Chlorates, except:
i. In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included. ii. In caps and party poppers.
iii. In those small items ( such as ground spinners) wherein the total powder content does not exceed four grams, of which not greater than 15 percent ( or 600 milligrams) is potassium, sodium or barium -29-
3/31/ 22, 5: 22 PM Chapter 8. 58 FIREWORKS
e. Magnesium ( magnesium -aluminum alloys, called magnalium, are permitted). f. Mercury salts.
g. Phosphorus ( red or white except that red phosphorus is permissible in caps and party poppers). h. Picrates or picric acid.
i. Thiocyanates.
j. Titanium, except in particle size greater than 100- mesh). k. Zirconium.
2. Firecrackers.
3. Skyrockets, bottle rockets, model rockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge.
4. Roman candles, including all devices which discharge balls of fire into the air.
5. Chasers, including all devices which dart or travel about the surface of the ground during discharge.
6. Sparklers more than 10 inches in length or one-fourth of one inch in diameter.
7. All fireworks designed and intended by the manufacturer to create the element of surprise upon the user.
These items include, but are not limited to, auto- foolers, cigarette loads, exploding golf balls and trick matches.
8. Fireworks known as devil -on -the -walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this chapter.
9. Torpedoes of all kinds which explode on impact.
10. Fireworks kits.
11. Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.
C. " Exempt fireworks" has the same meaning ascribed to that term under Section 12508 of the California Health and Safety Code and shall mean any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use or religious ceremonies when authorized by a permit granted by the authority having jurisdiction.
D. " Fire chief' or "chief' shall mean the designated fire chief of the city, or his or her authorized representatives. -30-
3/ 31/ 22, 5:22 PM Chapter 8.58 FIREWORKS
buming independently of the oxygen of the atmosphere and producing audible, visual, mechanical or thermal effects which are useful as pyrotechnic devices or for entertainment. The term "fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, Roman candles, model rockets, rockets, Daygo bombs, sparklers, chasers, fountains, smoke sparks, aerial bombs and fireworks kits.
F. " Fireworks kits" has the same meaning ascribed to that term under Section 12512 of the California Health and Safety Code and shall mean any assembly of materials or explosive substances which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled would come within the definition of "fireworks." G. " Police chief shall mean the police chief of the county of San Bernardino, his or her designated deputy acting as the police chief of the city of Highland, or his or her authorized representatives.
H. ` Public display of fireworks" has the same meaning ascribed to that term under Section 12524 of the California Health and Safety Code and shall mean an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks.
I. " Pyrotechnic operator" has the same meaning ascribed to that term under Section 1252 / of the California Health and Safety Code and shall mean any licensed pyrotechnic operator, who by examination, experience and training has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted.
J. " Pyrotechnic special effects material" shall mean low explosive materials, other than detonating cord, commonly used in motion picture, television, theatrical or group entertainment production for which a permit from the chief is required for use or storage.
K. "Safe and sane fireworks" has the same meaning ascribed to that term under Section 12529 of the California Health and Safety Code and shall mean any fireworks which do not come within the definition of "dangerous fireworks" or " exempt fireworks." ( Ord. 444 § 2, 2020; Ord. 377 § 2, 2013)
8. 58. 020 Prohibition. SHARE
A. General. No person shall have in his or her possession, or keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give or transport, any fireworks, dangerous fireworks or safe and sane fireworks, except for use as agricultural and wildlife fireworks or for use during a public display of fireworks pursuant to a permit obtained under the provisions of Sections 12640 through 12654 of the California Health and Safety Code, and this code.
B. Manufacturing Prohibited. The manufacturing of fireworks, dangerous fireworks or safe and sane fireworks is prohibited in the city, except under special use permits as required by local and state regulations by the fire chief and the police chief.
C. Pyrotechnic Special Effects Material. A permit is required to manufacture, compound, store or use pyrotechnic special effects material. Permit application shall be made -31-
to the fire chief and the police chief. A permit shall be 3/ 31/ 22, 5: 22 PM Chapter 8. 58 FIREWORKS
8. 58. 030 Displays. SHARE
A. General. Permits are required to conduct a public display of fireworks. A permit application shall be made to the fire chief and the police chief not less than 14 days prior to the scheduled date of the display. The permit application shall include a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of buildings, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines and other overhead obstructions. At the time of permit application, the fire chief shall be consulted regarding the requirements for standby fire apparatus.
B. Under Supervision of Pyrotechnic Operator. Public display of fireworks operations shall be under the direct supervision of a pyrotechnic operator. The pyrotechnic operator shall be responsible for all aspects of a display related to pyrotechnics.
C. Bond Required. The permittee shall fumish a bond or certificate of insurance in an amount deemed adequate by the fire chief and the police chief for the payment of damages which could be caused either to a person or persons or to property by reason of the permitted display and arising from acts of the permittee, agents, employees or subcontractors. ( Ord. 444 § 2, 2020; Ord. 377 § 2, 2013)
8. 58.040 Exception. SHARE
Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of small blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for use by military organizations. ( Ord. 444 § 2, 2020; Ord. 377 § 2, 2013)
8. 58.050 Seizure and disposal. SHARE
A. It shall be the duty of the fire chief and his or her authorized representatives and the police chief and his or her authorized representatives to enforce the provisions of this chapter.
B. The fire chief and his or her authorized representatives and the police chief and his or her authorized representatives shall have the authority to seize, take, remove, store and dispose of any fireworks, dangerous fireworks and safe and sane fireworks. The fire chief and his or her authorized representatives and the police chief and his or her authorized representatives may charge any person whose fireworks are seized pursuant to this section a reasonable amount which is sufficient to cover the cost of transporting, storing, handling and disposing of the seized fireworks. ( Ord. 444 § 2, 2020; Ord. 377 § 2, 2013)
8. 58. 060 Penalties. f; SHARE
-32-
3/ 31/ 22, 5: 22 PM Chapter 8.58 FIREWORKS
B. A violation of any provision of this chapter is subject to an administrative citation in the amount of $1, 000 for each violation pursuant to the procedures set forth in Chapter 2. 56 HMC. Such administrative remedy may be exercised in place of, or in addition to, any administrative, criminal, civil, or equitable remedy allowed by law.
C. If a person who violates any provision of this chapter is charged with a misdemeanor, upon conviction that person shall be punished by a fine of not more than $ 1, 000, or by imprisonment in the county jail for a period not exceeding one year, or by both such fine and imprisonment.
D. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues or permits a violation of this chapter.
E. Nothing in this chapter shall be interpreted to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery and/ or transportation of dangerous fireworks. ( Ord. 444 § 2, 2020; Ord. 377 § 2, 2013) -33-
STAFF REPORT
TO THE CITY COUNCIL
DATE: April 12, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Lawrence A. Mainez, Community Development Director SUBJECT: Contract with San Bernardino County for Animal Control Services for FY 2022/ 2023 ( Amendment No. 8)
RECOMMENDATION: Staff recommends the City Council approve the contract with San Bernardino County for Animal Care and Control
Services for FY 2022/23 in the amount of $ 467, 172. 00 and authorize the Mayor to sign the contract.
FISCAL IMPACT: This contract will expend $ 467, 172. 00 of General Fund dollars in FY 2022/ 2023 for Animal Care and Control Services, which is the same as the current contract award. The contract amount was anticipated during the drafting of the FY 2022/ 2023 Budget, therefore adequate funds will be available in the FY 2022/ 2023 Budget for this contract extension. This contract extension will not include dog license canvassing.
PUBLIC NOTICE: No Public Notice is required prior to the City Council acting on this item. However, the Agenda has been posted in the three ( 3) locations in accordance with City Council policy.
BACKGROUND/ PROPOSAL: The proposed contract extension is considered Amendment No. 8 to a new service contract approved by the City Council on June 10, 2014. As noted in the Fiscal Section above, for this upcoming fiscal year, the contract for Animal Care and Control Services will not increase from the current contact amount of $467, 172. 00.
Approved Motion Second Agenda Item No.
Denied Ayes
Continued Noes File No.
Tabled Abstain
Absent
A) Ak 11
City Clerk City Manager
-1-
City Council Meeting of
April 12, 2022
Animal Control Contract for FY 2022/ 23 (Amend No. 8)
The proposed contract does not include dog licensing canvassing at this time. The proposed Animal Control contract will provide the same level of service as the current year and the proposed contract amount is accounted for in the City' s forthcoming FY 2022- 23 Budget.
Mr. Brian Cronin, San Bernardino County Chief of Animal Care and Control will be available during the meeting to answer any questions the City Council may have.
Copies of the existing and proposed contracts are attached for City Council review and consideration.
Attachments:
A - Proposed Amendment No. 8 Animal Control Services Contract FY 2022/ 2023 B - Animal Control Services Contract FY 2014 ( Contract No. 14- 613), including Amendments No. 1 to 7
2 -2-
ATTACHMENT - A
-3-
SAN BERNARDINO
COUNTY
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number
14- 613 A- 8
SAP Number
N/ A
Department of Public Health
Department Contract Representative Michael Shin, HS Contracts Telephone Number ( 909) 386- 8146
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
City of Highland
Lawrence Mainez, Community
Development Director
909) 864- 8732
07/ 01/ 14 through 06/ 30/ 23
3, 577, 728
467, 172
4, 044,900
9300261000
IT IS HEREBY AGREED AS FOLLOWS:
AMENDMENT NO. 8
It is hereby agreed to amend Contract No. 14- 613, effective July 1, 2022, as follows:
Section III. Fiscal Provisions, amend Paragraph A to read as follows:
A. The maximum amount of reimbursement under this Contract shall not exceed $4,044,900. The consideration to be paid to County, as provided herein, shall be full payment for all County' s services and expenses incurred in the performance hereof, including travel and per diem. The maximum amount is a total dollar amount that includes the original contract amount and all subsequent amendments, broken down as follows:
Original Contract
Amendment No. 1
Amendment No. 2
Amendment No. 3
Amendment No. 4
Amendment No. 5
Amendment No. 6
Amendment No. 7
Amendment No. 8
436, 202
436, 202
436, 202
444, 926
444, 926
444, 926
467, 172
467, 172
467, 172
July 1, 2014 through June 30, 2015
July 1, 2015 through June 30, 2016
July 1, 2016 through June 30, 2017
July 1, 2017 through June 30, 2018
July 1, 2018 through June 30, 2019
July 1, 2019 through June 30, 2020
July 1, 2020 through June 30, 2021
July 1, 2021 through June 30, 2022
July 1, 2022 through June 30, 2023
Standard Contract Page 1 of 2
-4-
Section V. Term is amended to read as follows:
This Contract is effective as of July 1, 2014, and is extended from its amended expiration date of June 30, 2022, to expire on June 30, 2023, but may be terminated earlier in accordance with provisions of Section VI of the Contract.
All other terms and conditions of Contract No. 14- 613 remain in full force and effect.
SAN BERNARDINO COUNTY
City of Highland
Print or type name of corporation, company, contractor, etc.) By
Curt Hagman, Chairman, Board of Supervisors ( Authorized signature - sign in blue ink) Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
By Dated:
Deputy
Name Larry McCallon
Print or type name of person signing contract)
Mayor
FOR COUNTY USE ONLY
Title
Print or Type)
Address 27215 Base Line
Highland, CA 92346
Approved as to Legal Form
Daniel Pasek, Deputy County Counsel
Date
Reviewed for Contract Compliance
Patty Steven, HS Contracts Manager
Date
Reviewed/ Approved by Department
Joshua Dugas, Director
Date
Revised 5/ 12/ 21 Page 2 of 2
-5-
ATTACHMENT - B
-6-
July 16, 2014
S iru Racadio, May r
City of Highland
27215 Baselin ad
Highland, CA 92346
Dar [M yor Racadio:
COCJNT ' are SAFE BE ARDEN°
Linda Reagan
Assistant Ereetottwe () Meer
Reply to:
I t ISO S Lena Re
RECEIVED
CITY OF HIGHLAND
CITY CLERK
Enclos= , is your copy • f County Contract 14-613 with the Cun1y of San Bernardino toprovide Animal Care and Control S=rvic s. I will serve s the contract analyst forthis contract. if you have any qu :stions « r
require assistan « please feel free to contact lso,
any notices, pur cant to th contract should be snt tothe address below: County of San Bey nardino Human
Servi-;;-: s - Administrative Support Divisi{•n Attn:
John Gres'•7it, Contracts Unit 150
S. Lena Roast San
ernardinCA ase 92415- 0515 tsPG
remember that anybodifiW tion, change ;r addition to the scope of work or any other sped of this ;oretract must beexecuted via contract amendment, Any such am ndment must first be stibr; pitted tothis office for approval and usually requires prior approv al fr•,m the C unty ; and of Supervisors. As such, please and rstand that County staff does not hav the author' t - toaucorize any cE an j s and any payment request based on an unauthorized change wile not be ho.n:•red. Thank you for your assistance in this matter. if you hav contact n,. eat ( 909) 38 - 255. Sin rely,
John Greswit
Contract Analyst
Enclosure e.
e
tar, ) any further
questions, pleas
-7-
REFORWRECOMMENDATOON TO THE iu3OA D SUVERV'6SO
Cr MNn E ERNA DE IO C@ W , C , E EFOR€ O
AND RECORD OF AC` EO
Jun 24, 20114
FROM: Ei U Y ;.' AYMUNDO, DE + - otor
Daent of Public Health SU ECY:
EVENU) E COd' T,=FACTS FO 2 AN AL CARE AND CONTROL SERVIOCES ICOi € vbENDATIO l(S) Apprve revenue
contracts for theDt partm nt of Public Health, Animal Care and Cnt 8 to provide animal care and control services to the fallowing cities for a combine•, contract amount not to exceed $1, 192,9 8, for the period of JJuiy 1, 2014 through June 30, 2015: 1. City of HI hl nd - not toexceed $ 436, 202 Agcsment* oe14$113 2. City of Rialtnot toexceed $ 303, 078 Agreer> n tIo.1 141 3. City of Yucaipa - not to wxce¢ d53,708 Agreem = nt Noe' E ; ; 15 Presenter: Brian Cronin, Chief of Animal Care and Control, 387-9152) BOARD OF SUPERVISORS COUNTY GOALS
rovlde
AND
for
OBJECTIVES
the
Lcsintala Public Safety. C
Health and Social Services Ni UMW County Goals and
Obyecthvea by oeking Wi Other Governmental Agencies. s of County Residents.
FINANCIAL lEVACT Approvalof
this item
does n •timpact iscretioraty General Fun •? ng (Net County Cost). The Department of Public Health ( DPH) will re.-=ive revenue in a total amount not texceed 1,192, 988 for the one- year contract period. The costs ass elated with providing these services are reimbursedl bythe cities and/%roffset by trevenue collected on behalf of the citiesbythe County. Amounts were calculated based on cones! salary and benefit d ests, and ongoing operating costs associ4 ted with the provision of these services. Ad:-,, uate appropriation and revenue have been included DPH's 2014-15 budget. BACKGROUND INFORM TION DPH' s Animal
Care and Control (
ACC) program has pr''vidanimal care and control servics to the until rporated regions ofthe County for deg ides, and has also provided siOar seices to various citO>swithin the County. Full scope animal care and ntrol services inoludl field services, licensing, Iw r not rabi s and vaccination clinics, impounding and shelter servi r s, after- hours emergency services, and final disposition. DPH has pr;•vided anial car;- and control services to the City of Highland residents since 1997; the City of Rialto residents sine: 19:8; and the City of Yucaipa residents since 1990. PH - Greened w/ agrees Contractor do PH w/ agree ATGAocts Pay Mgr w/
agrees E®IX-BPO do
Risk t,'gmt PH=Raymurado PH -
Cronin HS- Dalton; Fischer CAO- Flood w/
agree ill
07/11/
14 ITEM 65
Z.1.
6.,a
MOTION AYE Page 1
f2
Record of Action of
th 5 •
and of Supeavisorr ARP }=
tiOVED (COtg EDIT CALENDA f COUNTY OF SAN BE.=
HARDING Of Supervicor AYE ABSENT 'ECOND
AAO 1
LAU
2 H
a. 5
WELCH, BY rrt. Dr\
T : Jeans 24s. 20
KOFTHE
-8-
REVENUE CONTRACTS FOR ANIMAL CARE AND CONTROL SERVICES
JUNE24, 2014
PAGE 2 OF 2
REVIEW BY OTHERS
This item has been reviewed by Human Services Contracts ( Regina Dalton, Contracts Manager, 388-0241) on May 28, 2014; County Counsel ( Phebe W. Chu, Deputy County Counsel, ( 387- 5455) on May 30, 2014; Human Services Administration ( Lynne Fischer, Administrative Analyst, 388- 0253) on June 2, 2014; Finance ( Sydney Flood, Administrative Analyst, 386- 8393) on June 2, 2014; and County Finance and Administration ( Art Gomez, Deputy Executive Officer, 388- 0280) on June 6, 2014.
06/24/ 14 # 65
-9-
County of San Bernardino
FAS
STANDARD CONTRACT
FOR COUNTY USE ONLY
X New
Change
Cancel
FAS Vendor Code
CITY0FH638
SC
Dept,
PHL
A
tLI+
Contract Number
1 ePro Vendor Number
N/A
ePro Contract Number
N/A
County Department Dept. Oren.
pepartment of Public Health PHL PHL
Contractor' s License No.
County Department Contract Representative Telephone
John Greswit ( 909) 388- 0255
Total Contract Amount
436, 202 .
Contract Type
Revenue Encumbered Unencumbered Other
If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date
7/ 01/ 14
Contract End Date
6130/ 15
Original Amount
436,202
Amendment Amount
Fund Dept. Organization Appr. Obj/ Rev Source t3RCJPROJ/ JOB No. Amount MA PHL 2801 9520 93130 8438.202
Project Name
Animal Care and Control
Estimated Payment Total by Fiscal Year
FY Amount VD FY Amount IN
Services 14/ 15 $ 436, 202 I
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, Department of Public Health Animal Care and Control, hereinafter called the County, and Name
City of Highland
Address
27215 Base Line
Highland; CA 92346
Telephone
909) 864- 8732
Federal 1 No/ Social Security No.
hereinafter called City
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, The San Bernardino County Department of Public Health, Animal Care and Control Division provides animal care and control services such as patrolling for loose dogs, picking up stray animals, attending to complaints and law violations, and sheltering of stray animals in the County of San Bemardino; and WHEREAS, The City of Highland desires to contract with the County to provide such services within their city limits; and WHEREAS, Article I, Chapter 1, Part 2, DMsion 1, Title 5, of the Government Code authorizes the County to asRitme certain City functions; and WHEREAS, Title 1, DMsion 1, Chapter 2, Section 11. 0208 and Title 3, DMsion 2, Chapters 1, 2, 3, 14 and 15 of the County Code remain in full force and effect as a City ordinance: and WHEREAS, City desires that such services be provided by County and County agrees to perform these services as set forth below; NOW THEREFORE, County and City mutually agree to the following terms and conditions:
Pagel of 9
-10-
TABLE OF CONTENTS
1. CITY SERVICE RESPONSIBILITIES 3
II. COUNTY RESPONSIBIUTIES 4
111. FISCAL PROVISIONS
5 IV. CORRECTION OF PERFORMANCE DEFICIENCIES 6
V. TERM
6 VI.. EARLY TERMINATION......
7 VII. GENERAL PROVISIONS 7
VIII. CONCLUSION
9 ATTACHMENTS
ATTACHMENT A — COUNTY FEE SCHEDULE
-11-
CITY SERVICE RESPONSIBILITIES
A. The City shall compensate the County as set forth In Section ill, Fiscal Provisions.
B. To facilitate the performance bf functions as provided for In this agreement, It Is hereby agreed that the City shall provide full cooperation and assistance to the County, Its officers, agents, and employees.
C. Notwithstanding anything herein stated, it is agreed that in all instances wherein special supplies, stationery, notices, forms, and the like must be issued In the name of the City, the same shall be supplied by said City at its own expense.
D. In the performance of this Contract, the City, its agents, and employees, shall act in an independent capacity and not as officers, employees, or agents of the County.
E. Without the prior written consent of County, this Contract is not assignable by either party either in whole or part F. City agrees to provide or has already provided information on former County of San Bernardino administrative officials ( as defined below) who are employed or represent the City. The information provided includes a I1st of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The Information also includes the employment with or representation of the City. For purposes of this provision, " County administrative official" is defined as a member of the Board of Supervisors or such officer' s staff, Chief Executive Officer or member of such officer' s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.
G. Inaccuracies or Misrepresentations
If during the course of the administration of this agreement, the County determines that the City has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this contract may be immediately terminated. if this contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.
H. City shall notify County in writing of any change in mailing address within ten ( 10) days of address change.
I. City agrees to and shall comply with the following indemnification and insurance requirements:
1. Indemnification — County agrees to indemnify and hold harmless the City, its officers, employees, agents, and volunteers, from any and all claims, actions or losses, damages, and/or liability resulting from the County' s negligent acts or omissions which arise from the County's performance of its obligations under this agreement.
City agrees to indemnify, defend ( with Counsel selected by City and acceptable to County) and hold harmless the County, its officers, employees, agents, and volunteers, from any and all claims, actions, losses, damages, and/or liability arising out of its obligations under this agreement
in the event, the County and/or City is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the agreement, the County and/or City shall Indemnify the other to the extent of its comparative fault.
Furthermore, if the County or City attempts to seek recovery from the other for Workers' Compensation benefits paid to an employee, the County or City agree that any alleged negligence of the employee shall not be construed against the employer of that employee.
-12-
2. insorar• — The County and L. h, ,= ire selfInsurr_ public entites for pur 4 ,Cs of profession: liability, general liability, and Workers' Com•s nsation. County and City warrants that through its program of self- trisu, =. nos, It has adequate profe=-so; ;-1 s ,
liability, geneI liability, and Workers' Compensation provide coverage for liabilities arising ourtys and City' s performance of this agreerrert J. City shall use recycled and recyclable p -.. u , whenever p = cti ;ble, In frilling the terms of this Contract. K. If any legal action is instituted to enforce any partys rights hereunder, each party s=r•r its own costs and attorneys' fees, regardless of who Is the prevailing party. This paragraph shalln•:t apply to those costs and attorneys' fees directly arising from athird -party legal a «' ion ,•, ainst a • : rty hereto and payable under Parag =, ph, l this Section, ' indemnification.° ft. COUNTY RESPONSIBIL MES A. Through
Its Public Health Department, or other such agency as the Board of Supervisors may designate, County shall provide the City with animal control services normally provided by the Department to theunincorporated area ofthe County. Such services may include, but are not limited to, public education and those services and functions performed under Title 1, Division 1, Chapter 2, Section 11. 0208, and Title 3, Division 2, Chapters 1, 2, 3,- 14 and 15 of the County Code. City recognizes and agrees that the County only has the authority under this agreement to enforce within the corporate limits ofthe City, State law, and the Chapters in the County Code that have been adopted by the City through aCity Ordinance. B. The
County hereby agrees toprovide the following specific functions: 1. Enforce all City ordinances pertaining toanimals, Including the issuing of citations as necessary for violations of said ordinance. If the City Is -considering adopting anew ordinance and requesting its enforcement by County, County may provide enforcement servicesofthe new ordinance if all of the following elements are met: (1) a written request ( along with acopy of the ordinance) is received by County sbctyy (60) days prior to the requested implementation date ofthe ordinance; ( 2) the Public Health Director or appointed designee, inhis/her sole discretion, approves the City's request for enforcement services; (3) - the cost of such services will not exceed the total amount of the contract. 2. Impound
all animals caught at -large, including cats, and provide for the return of all licensed dogs whenever possible. Should the City or its agent order or cause any animal to be sheltered more than
A.
ten (10) days, the City shall be charged the daily impound feeas described in Attachment This charge shall be billed separately and Is inaddition to the usual quarterly billing. 3.
Quarantine, as
prescribed by law, all animals suspected to be rabid. 4. Investigate complaints of nuisance by animals upon request during routne patrol, 5. ' emove dead animals on the public right- of-way. 6. Investigate reported dog bites. 7. Provide a
night mechanism to answer the telephones from seventeen hund -dhours (1700) to eight hundred ( 08;' I) hours Sunday through Saturday. 5. Enforce those
a clans state law relating to damages toowners oflivestock kills •! by dogs. Page 4 of 9 -13-
9. Accept and impound any and all un-owned animals that are brought to the County found stray in the Clty and any other such animals brought to the Shelter by the City or citizens of the City.
10. Provide a program whereby dog licenses may be issued by mall or clinics, and send renewal notices by mail to owners of currently licensed dogs together with an application for renewal.
C. The invoice. County shall provide a report consisting of the statistical information with the quarterly billing D. The County and City shall determine any other level of service provided within the City and may request any additional service to be provided by County by written amendment to this agreement, and approved by the governing bodies of both the County and City.
E. All work performed by County shall be performed In County offices or at such locations as designated by the Public Health Director.
F. If any legal action is instituted to enforce any party' s rights hereunder, each party shall bear its own costs and attorneys' fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorneys' fees directly arising from a third -party legal action against a party hereto and payable under Paragraph I of Section I, " Indemnification.° G. In the performance of this Contract, County, Its agents, and employees, shall act in an independent capacity and not as officers, employees, or agents of the City.
H. The Public Health Director, or appointed designee, shall be authorized to approve revisions to the monthly report
1. The County shall charge and collect fees ( including routine services and licensing fees) from City residents at the rates currently in effect under County Code Section 16.0213A ( b). The current rates in effect under County Code Section 16-0213A ( b) are described In ° County Fee Schedule° (Attachment A). City shall adopt County Code Section 16.0213A (b) as it relates to dog license fees within 90 days of the effective date of this Contract.
IC FISCAL PROVISIONS
A. The maximum amount of reimbursement under this Contract shall not exceed $ 436,202. The consideration to be paid to County, as provided herein, shall be full payment for all County' s services and expenses Incurred in the performance hereof, including travel and per diem.
B. Payment Method
1. County shall submit invoices to the City no later than 90 days following the period end dates noted in the schedule below. In addition to the invoices listed below, a final invoice may be submitted to the City no later than September 30 of the next fiscal year for any costs not billed in Invoice No. 4 but incurred on behalf of the City through June 30. of the current fiscal year. Quarterly Invoices will be based on actual costs minus the revenue collected for the quarter pursuant to Section III, Paragraph C.
Invoice Number Period End Date of the
Current Fiscal Year
1 September 30
2 December 31
3 March 31
4 June 30
-14-
2 City invoice. shall process County's claim for payment within thirty (30) days following receipt of County C. Determination of Actual Cost
1. County agrees to collect and maintain expenditure and workload data to be used in determining the actual cost of animal care and control services provided by the City during the term of the agreement.
2. Animal care and control field services costs shall be determined by the actual time worked in the City based on the County's Labor Distribution report and the associated services and supplies during the term of this contract.
3. Animal care and control shelter services costs shall be determined by the percentage of animals placed into the shelter originating from the City. The percentage shall be applied to the operating cost of the shelter.
4. Shelter revenues received by the County from residents of the City for animals of the City shall. be applied to the quarterly invoices described In Section III, Paragraph B, Item 1, which shall have the effect of reducing the amount of the quarterly invoice owed by the City to the County. License revenues received by the County from residents of the City for animals of the City shall be remitted directly to the City by County. Such shelter and license revenues shall not Include citation revenues collected by the County from residents of the City for failure to adhere to City and/or State regulations.
D. County shall receive all cooperation possible from the City to enable efficient enforcement of fee collection. County shall retain all fees and revenue derived from the enforcement of the City Ordinances pertaining to the animal care and control services provided by County.
E. County is not liable for the payment of any taxes, other than applicable sales or use tax, resulting from this Contract, however designated, levied or imposed, unless County would otherwise be liable for the payment of such taxes in the course of its normal business operations.
F. The City agrees to reimburse the County for actual costs resulting from an emergency response. These costs will be over and above the contracted amount.
IV. CORRECTION OF PERFORMANCE DEFICIENCIES
A. Failure by the City or County to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.
B. In the event of a non -cured breach, the Other party may, at its sole discretion and In addition to immediate termination and any other remedies available at law, in equity, or otherwise specified in this Contract:
1. Afford the City or County thereafter a time period within which to cure the breach, which period shall be established at sole discretion of the City or County; and/or
2. Terminate this Contract.
V. TERM
This Contract is effective as of July 1, 2014, and expires June 30, 2015, but may be terminated earlier in accordance with provisions of Section VI of the Contract.
-15-
VI. EARLY TERMINATION
The County may terminate this Contract immediately under the provisions of Section IV of this Contract In addition, this Contract may be terminated without cause by the County or City by serving a written notice to the other party eight months in advance of -termination. The Assistant Executive Officer for Human Services is authorized to exercise the County' s rights with respect to any termination of this Contract.
VII. GENERAL PROVISIONS
A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and mailed to the following respective addresses listed below.
City:
County:
City of Highland
27215 Base Line
Highland, CA 92346
Program information)
County of San Bernardino
Department of Public Health
Animal Care and Control
Attn: Chief of Animal Care and Control
351 N. Mountain View Ave., 3nd Floor
San Bernardino, CA 92415- 0003
County. ( Contract Infomation)
County of San Bernardino
Human Services
Attn: Contracts Unit
150 S. Lena Road
San Bernardino, CA 92415- 0515
B. Nothing contained In this Contract shall be construed as creating a joint venture, partnership or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.
C. No waiver of any of the provisions of the Contract Documents shall be effective unless it is made in writing which refers to provisions so waived and which is executed by the Parties. No course of dealing and no delay or failure of a Party in exercising any right under any Contract Document shall affect any other or future exercise of that right or any exercise of anyother right. A Party shall not be precluded or
from exercising atight by its having partially exercised that right or its having previously abandoned discontinued steps toenforce that right. D.
Any alterations, variations, modifications, or waivers of provisions ofthe Contract, unless specifically allowed in the Contract, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment tothis Contract No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. E.
If any provision of the Contract is held by a court of competent jurisdiction tobe unenforceable or contrary to law, It shall be modified where practicable to the extent necessary so as to be enforceable giving F.
effect to the intention ofthe Parties) and the remaining provisions ofthe Contract shall not be affected.
This Contract shall be governed by and construed inall aspects in accordance with the laws of the State of California without regard to principles of conflicts oflaws. The Parties agree to the exclusive jurisdiction ofthe federal court located inthe County of Riverside andstate courts located inthe County Page 7of 9
-16-
of San Bemardino, for any and all disputes arising under this Contract, to the exclusion of all other federal and state courts.
G. City and County hereby waive their respective rights to trial by jury for any cause of action, claim, counterclaim, or cross -complaint In any action, proceeding and/or hearing brought by either the City against the County or the County against the City on any matter arising out of or in any way Connected with this Agreement, the relationship of the City and County, any claim of injury or damage or the enforcement of any remedy under. any law, statute or regulation, emergency or otherwlse, now or hereafter In effect.
H. City shall not offer, either directly or through an intermediary, any Improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County In an attempt to secure favorable treatment regarding this Agreement.
The County, by written notice, may immediately terminate any Agreement if It determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to this agreement. This prohibition shall apply to any amendment, extension or evaluation process once an Agreement has been executed.
City shall immediately report any attempt by a County officer, employee or agent to solicit, either directly or through an intermediary, improper consideration from the City. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.
-17-
VIII. CONCLUSION
A. This Contract, consisting of nine ( 9) pages and Attachment A, Is the full and complete document describing services to be rendered to the City by County including all covenants, conditions and benefits.
B. The signatures of the Partles affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth In this document.
C. IN WITNESS WHEREOF, the Board of Supervisors of the County of San Bernardino has caused this Agreement to be subscribed to by the Clerk thereof, and the City has caused this Agreement to be subscribed in Its behalf by its duly authorized officers, the day, month and year written.
COUNTY OF SAN BERNARDINO
Janice Ruth e rd, Chair, Board of Supervisors
Dated: JUN 2 4 2D14
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN RED TO THE
CHAIRMAN OF TH 1,;
J. r trHrr4of
n
Supervisors
Bernardino. By.
tApprov
as to Legal orm 110.
poi
Phehe Date
W. Chu, Deputy County Counsel j
b % Name:
Sam Raoadio Title:
Print
or type name of person signing contract) Mayor
Print
or Type) Dated:
Address:
27215 Base Line Highland,
CA 92346 Y
Trudy
Raym Date
Page
9of
-18-
TITLE 1: GOVERNMENT AND ADMINISTRATION
DIVISION 6: COUNTY FEES
CHAPTER 2: Schedule of Fees.
Section: 16. 0213A Health Services.
Attachment A
EFFECTIVE July 1, 2019
b) Animals:
1) Animal handling:
A) Owner redemption fee for pick- up/ handling of dog or cat does not include shelter and license fees):
I) During normal operating hours $ 35. 00
II) Picked up between 6: 00 p. m. & 7: 00 a. m $ 80. 00 B) Pick- up, euthanasia, and disposal of owned dog or cat during normal operating hours:
owner requested) $ 80. 00
C) Apprehension Fine/ Penalty ( leash law areas only):
I) Loose animal violation:
i) Fine/ Penalty for first violation $ 50. 00
ii) Fine/ Penalty for second violation $ 100. 00
iii) Fine/ Penalty for third and each subsequent violation $ 250. 00 D) Trap rentals, per day: $ 4. 00
E) Animal pick- up: ( See Section 32. 0102)
I) Animal pick- up during normal operating hours:
horses, cattle, goats, calves, sheep, and pigs:
1 hour minimum) $ 97. 00/ hour
II) Animal picked -up after hours, between 6: 00 p. m. & 7: 00 a. m.:
1 hour minimum) $ 121. 00/ hour
F) Animal Investigations:
I) Investigation time $ 97. 00/ hour
II) Vicious Animal Compliance Inspection $ 97. 00/ Inspection G) Quarantine of Animals ( other than at shelter):
I) At owner' s home $ 97. 00
II) Quarantine break $ 97. 00
-19-
Attachment A
H) Owner Relinquishment of dog, cat, or other animal:
I) Relinquish in field
I) With proof of ownership $ 90. 00
ii) Without proof of ownership $ 134. 00
II) Relinquish in Shelter
i) With proof of ownership $ 55. 00
ii) Without proof of ownership $ 99. 00
I) Develop a customized record or report $ 84. 00/ hour J) Digital photographs on disc ( CD)
I) Digital images up to 10 images $ 22. 00
II) Additional Images $ 2. 20
2) Animal licensing:
A) Dog license fees:
I) Unspayed/ unneutered monthly fee $ 8. 00
II) Spayed/ neutered monthly fee
i) 1- 23 months $ 2. 00
ii) 24- 35 months $ 1. 75
iii) 36 or more months $ 1. 50
III) Spayed/ neutered - owned by disabled persons or those 65 years of age or older (monthly) $ 1. 00
IV) Delinquent Fine/ Penalty ( waived if licensed within 30 days from time of notice) ( does not include annual fee) $ 20. 00 V) Medically Determined monthly fee $ 2. 00
Animal is at high risk for Spay/ Neuter surgery)
B) New owner registration of currently licensed/ registered animal $ 3. 00 C) Replacement dog tag $ 3. 00
D) Registration of dog currently licensed/ registered in another jurisdiction and issuance of County tag $ 3. 00
-20-
Attachment A
3) Animal sheltering:
A) Impound fee:
I) Initial Impoundment $ 44. 00
II) Daily ( after initial impoundment) $ 11. 00
B) State -mandated unaltered animal fine ( Per CA Food and Agricultural Code 30804. 7 & 31751. 7):
I) First Violation $ 35. 00
II) Second Violation $ 50. 00
III) Third Violation $ 100. 00
C) Euthanasia and Disposal Fee:
I) Dogs $ 45. 00
II) Cats $ 40. 00
D) Dead animal disposal $ 15. 00
E) Spay/Neuter fee
I) Dog ( over 2 months) $ 55. 00
II) Cat ( over 2 months) $ 40. 00
F) Spay/ Neuter Deposit ( refundable if animal is altered within 30 days of redemption):
I) Dog ( over 2 months) $ 55. 00
II) Cat ( over 2 months) $ 40. 00
G) Adoption fee ( persons 65 or older exempt - 1 per year) I) Dog $ 15. 00
II) Cat $ 10. 00
III) Puppy ( under 4 months) . $ 20. 00
IV) Kitten ( under 4 months) $ 15. 00
H) Adoption fee ( minimum bid) — horses $ 50. 00
I) Adoption fee ( minimum bid) — donkeys $ 50. 00
J) Adoption fee ( minimum bid) — pigs $ 20. 00
-21-
Attachment
R) Adoptinnfoe( minimumbkJ)— ohoeP $ 20. 00
L) Adoptionfeo( minimumbid)— goato $ 20. 00
N1) Adoptionfoe— nabbite s5. 00
N) Adoption fee chickens and other fowl $ 5. 00
0) Adoption fee— ne[ ti| en, exotic birds & other .—...... 50% of retail price P) Microchip Fee $ 15. 00
Vaccination Fees:
0 Dogs — 5in1 --. o1O. 0O
U) Cats- 4 in 1 $ 7. 00
4) Kennel license:
A) 5' 30dogs ...... $256. 00/year E)
31 ' 80dogs $ 311. 00/ yeor C)
61 100dogo $ 386. 00/yaar 101 '
15Odogs .$ 421. 00/ year E)
For each successive range of 50 dogs, add 65. 00/ yaar 5) CatteryLicenmz A)
5' 3Ocats $ 180. 00/ year B)
31 ' 50cats $ 310. 00/year C)
For each successive range uf1Ocats, add $14. 00/ yaar 0) Calf growers permit fees: A) 10'
2. 5OOcalves $ 185. 00/
yoar B) 2.
501' 5. UO0calves $ 290. 00/
yaar C) 5.
001' 10. 0O0calves s500. 00/
year D) 1O.
001calves ormore $ 711. 00/year 7) Privately owned
wild, exotic ornon-domestic animals permit fee s256.00/yenr 0) Game bird farm permit fee $110.00/year Page 4of5
-22-
Attachment A
9) Pet grooming parlor permit fee $ 250. 00/ year
10) Pet shop permit fee $ 236. 00/ year
11) Petting zoo permit fee $ 263. 00/ year
12) Public aquarium permit fee $ 110. 00/year
13) Animal menagerie permit fee $ 275. 00/year
14) Miscellaneous animal auction/ swap meet permit fee $ 110. 00/ year 15) Hog ranch permit fee:
A) 10 to 2, 500 hogs $ 274. 00/ year
B) 2, 501 to 5, 000 hogs $ 479. 00/ year
C) 5, 001 to 10, 000 hogs $ 855. 00/ year
D) Over 10, 000 hogs $ 965. 00/ year
16) PVS Application fee $ 164. 00
c) Professional services: See Fee Schedule for the Department of Public Health which is maintained in the Office of the Clerk of the Board of Supervisors and reflects fees for professional services established by the Public Health Director in accordance with statutory requirements, actual costs of providing the services, and/ or prevailing rates. The fees are periodically adjusted based on inflationary and other criteria commonly used in standard accounting practices.
-23-
w
SAN BERNARDINO
COUNTY
FAS
STANDARD CONTRACT
0 New
Change
Cancel
FAS Vendor Code
CI YOFH638
ePro Vendor Number
N/A
County Department
FOR COUNTY USE ONLY
SC
Dept.
PHL A
Dept. orgn.
Department of Public Health PHL PHL
County Department Contract Repress/ dative Telephone
John Gteswit ( t109) 388- 0255
Contract Type
Contract Number
14-613 A-1
ePro Contract Number
NIA
Contractor' s License No.
Total Contract Amount
872,404
t3evenue f
n
If not encumbered or revenue contract byre. provide
Commodity Code Contract Start Data
7/01/ 14
Fund Dept.
AM PHL
Fund
Fund
Dept
Dept•
Organization
2600
Organization
Organization
Project Name
Animal Care and Control
Services
APPr.
Ate -
A•
Contract End Date
6/30/ 16
ObyRev Source
9520
R Other,
Original Amount
436, 202
RC/ PROJ/ OB No
93103
Obj/ Rev Source
Obj/Rev Source
GRC/ PROJ/ JOB No.
G ROJ/ J B o.
Amendment Amount
436, 202
Amourd
436,202
Amount
Amount
Estimated Payment Total by Fiscal
FY Amount I/ D FY
16116 S436. 202 I
Year
Amount I/D
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, Department of Public Health, hereinafter called the County, and Name
City of Highland
Address
27215 Base Line
Highland, CA 92346
Telephone
909) 864 - 8732
Federal ID No. or Social SepRiy No.
hereinafter called Cit
IT IS HEREBY AGREED AS FOLLOWS:
AMENDMENT NO. 1
It is hereby agreed to amend contract No. 14-613 as follows:
III. FISCAL PROVISIONS
Paragraph A is amended to read as follows:
A. The maximum amount of reimbursement under this Contract shall not exceed $ 872,404. The consideration to be paid to County, as provided herein, shall be full payment for all County's services and expenses incurred in the performance hereof, including travel and per diem. The AadlEar• Conbntler/ hwsurar Tax Collector Use On
D Contract Database G FAS
Input Date Keyed By
-24-
mattimum amount is a total dollar a
subsequent amendments, br. Czen di,, 1
Original Contr> cl
Amendment Nlo. 1
rEtrZ,E
Section V is amended to read as follows:
6, 21'`b'2
436,2 1
cunt that includes the
IIw. riginal
retract amcunt and all July
1, 2014 through June 30, 2015 July
1, 2015 Nhr:,ugh June 30, 2016 This
Contract is effective as July 11, 2014, : ; nd is extend fro fo lire on Jun t_ 30, 2016, but m be terminated earlier in a Contra'..
I**
All
other terms and conditions remain infull force and effect. COUN BERNARDINO James.:
amos, Chairman, Board of Supervisors Dag
JUN02205 SIGNED
CU
CM
Date ND
CEr
rIFtLD `HAT1 '` .: OF THIS ENT H`'.
S EEEN DELI > , r .!'+` HE SCARO. a41ta
l•
w ' t f4t Qt •
Of S . rs, c ih4
r. C,, IkjNt.' , 2
i MI is - Dale By
r its o
rdan ins
it expiration
date
f June with provisions c..1
Sion Cl of Highland Print
or type r
of corpoTatfon, 9uthoriaect natom - Y, contractor,
etc. sign
in blue ink
Gams Penny Likurn Stonnt
or type warns
at peneon ignmg contract) Title Mayor Pro Tem
rY9rint YIQe . Dated: 0: /_
Gi , Address
27215 ease Lane
Highland, CA 92 5
2015, of Page 2
of
2 -25-
1 FOR COUNTY USE ONLY
New
Cancel
FAS Vendor Code
GITYOFH638 SC
Dept.
PHL A
Centred Number
14613 A-2
SRN BERNARDINOTT7 T QVivT i
ePro Vendor Number i WA
ePro Contract Number
ConVedor'sLAioense No.
F A S
TANDARD CONTRACT
County Dep tmerd Dept Orgn.
Deparbnerd of Public Health PHL PHL
County DepaRmentCenhad Representative Telephone
John Greswit ( 909) 3$8-0255
Total Contract Amount
1, 308, 6o6
Contract Type
67 & yam,, n Encumbered n Unencumbered n Other. If not encumbered or revenue contract type. provide reason:
Corrrrrrodty Code Contract Start Date
7/ 01/ 14
Contract End Date
6/30/ 17
Original Amount
6436,202
Amendment Amount
436, 202
Fund
AAA
Dept
PHL
Organization
2600
i
Appr. obj/Rev Source
9520
GRC/ PROJ/ JOB No
93103
Amount
436, E
Fund Dept. Organization Appr. Obj/Rev Source ORC/PROJN0B No. Amount Fund Dept. Organization
t
Appr. Obj/Rev Source
1 bRC/ PRONJOB Na Arnaud
Projed Name
Animal Care and Control
Services
Estimated Paynmrt Tote by Fiscal Year
FY Amount 1/ 0 FY Amount I/D
16/ 17 6436, 202 I
THIS CONTRACT is entered into in the State of Califomia by and between the County of San Bernardino, hereinafter called the County, and Name
City of Highland
Address
27215 Base Line
Hi hland, CA 92346
Teeptrone Fedami ID Na or Social Seouray No.
909) 864 - 8732
IT IS HEREBY AGREED AS FOLLOWS:
hereinafter called City
AMENDMENT NO. 2
It Is hereby agreed to amend contract No. 14-613 as follows:
Ill. FISCAL PROVISIONS
Paragraj h A is amended to read as follows:
A. The maximum amount of reimbursement under this Contract shall not exceed $ 1, 308, 606. The consideration to be paid to County, as provided herein, shall be full payment for all County's services and expenses incurred in the performance hereof, Including travel and per diem. The AudkorCoanajlerfTie swwrfax CollecterUse Only
13 Contract Database 13 FAS
Input Date Keyed By
-26-
maxium amount is a total dollar amount that includes the orlcicual coat soquest amendments, broken down as follows: Original Contract
1 Amendment No.
2 Amendment No.
Paragraph G
is added to read as fllo x amount= ind
all vr3, 2®
2 July 1, 2014 through June 3O, 2015 436, 202
July 1, 2015 through June 30, 2016 36, 202
July 1, 2016 through June 30, 2017 G. The
C' iy understands the County is currently assessing staffing: needs proud i to 1hts City and support the County` s animal control and shelter o increas ad which sacow s;rt services provided to the City, the County will n midyear increase in carnent contract •, sts used upon projected actual the City.
V. 1ERiA
Seal rt
V Is aend t,,i to read as follows: his Contract is
2016, to a
the Contract, hective
as of
July 1, 2014, and is e on June 30,
2017, but may bs tannin AU other terms
and condfiti COU OF =AN
BERNARDINO supt,(: rt servides
rations. If staffing
is the City and
se asts to provide
servioes to 1ended from
Rs
amend! ration date of June 30, ed earlier In
accordan MTh pro ns of : uctioro VI of ots lremtafin firs NH force and a te©t. 0. 010. James
Ramos, Chairman,
Board of Supervisors Dated: MY 2046
rex SIGNED iu
CE `
71 IrD _AT A COPY OF THIS DOCU k#Xs .
LNd? s.'ERED TO THE CH - - - Approved as
to
Legal Fonn nil pu, De
Coun9y Damsel 6 Date 5ft
It h Bar rd
of
Supervisor of San. Berra,
tdi, p;) AY City of
Highland
eo
Printer type y
corgt eBon, cconp any, ®is. By Authorz" d
signature.
sign, in bye kV McCaliort FY*i
or'
type Isms of pear -anetgiung centred) Title Mayor Rini
or Type)
Dated: /D p
Address 27215 B
e
Line Highland, CA 92346
Reviewed by Contract
Compliance T Detuvn Regine
Contracts UM
Dalton, ;
Date 1(ojl ( C P esentei to
DOS forlgjeastyre Trudy Date Page
2 of
2 -27-
PAS
STANDARD CONTRACT
FOR COUNTY USE ONLY
New
Change
Cancel
FAS Vendor Code
CITYOFH638 SC
Dept.
PHL A
ePro Vendor Number
N/A
County Department
Department of Public Health
Dept Orgn
PHL PHL
Contract Number
14- 613 A-3
ePro Contract Number
N/ A
Contractors License No.
County Department Contract Restive
John Greswit
Telephone
909) 388- 0255
Total Contract Amount
1, 753, 532
Revenue: n Encianliered
Contract Type
D
If not encumbered or revenue contract type. provide reason. 13 Other
Commodity Code Convect Start Date
7/ 01/ 14
Contract End Date
6/ 30/ 18
Original Amount
436, 202
Amendment Amount
444, 926
Fund
AAA
De.
PHL
Organization
2600
APPr• ObyRev Source
9520
GRC/ PROJ/ JOB No
93103
Amount
444, 926
Fund Dept Organization APPr•
Fund Dept. Organization APPr
Obj/Rev Source
Ott/ Rev Source
GRC/ PROJ/ JOB No. Amount
GRC/ PROJ/ JOB No. Amount
Project Name
An' mal Care and Control
Services FY
17/18
Estimated Payment Total by Fiscal Year
Amount
S444. 926
I/ O FY Amount I/O
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and
Name
City of Highland
Address
27215 Base Line
Highland, CA 92346
Telephone Federal ID No or Social Security No
909) 864 - 8732
hereinafter called City
IT IS HEREBY AGREED AS FOLLOWS:
AMENDMENT NO. 3
It is hereby agreed to amend contract No. 14- 613 as follows:
111. FISCAL PROVISIONS
Paragraph A is amended to read as follows:
A. The maximum amount of reimbursement under this Contract shall not exceed $ 1, 753,532. The consideration to be paid to County, as provided herein, shall be full payment for all County' s services and expenses incurred in the performance hereof, including travel and per diem. The aneammoommee
Additopeonbelhdlhedwiettrax Cou etarUse On?yy
0 CantractDatabase 0 FAS
Input Oats Keyed By
-28-
maximum amount is a total dollar amount that indudas the origenai[ contract amount and ail subsequent amendments, broken down as follow:
Original Contract
Amendment No 1
Amendment No 2
Amendment No.3
V. TERM
Section V is amended to read as follows:
436, 202
436, 202
436,202
444, 926
July 1, 2014 through June 30, 2015
July 1, 2015 through June 30, 2016
July 1, 2016 through June 30, 2017
July 1, 2017 through June 30, 2018
This Contract is effective as of July 1, 2014, and is extended from its amended expiration date of June 30, 2017, to expire on June 30, 2018, but may be terminated earlier in accordance with provisions of Section VI of the Contract.
All other terms and conditions remain in full force and effect.
COUNTY OF SAN BERNARDINO
up
Ro
Dated.
rt A. Loiingood, C::=,irmen, Board of Supervi , or
ftincliPa
SOG ED AND C
DOCUME ' 3T
CHAO ' MAN
403
OF THIS
OTHE
rvif.ovs
ardirk
By it.
City of Highland
Pnnf or ty ame of corporation, company, oonPactor, etc ) f
signature - s ; rn Nos, ruts)
Name Fenny pibgn
Prune eyga name cP( mean swam contract)
Titt0e
Dat
if Tom)
do/
Address 27216 Base Line
Hoshtland, CA 92 } tl
-29-
SA N BERNARi' MO
COS
Contract Number
14- 613 A-4
SAP Number
Department of Public Health
Department Contract Representative John Gres`,' 4
Ti ne ium it Contractor
ntractorr '
C
epreeentative Telephone
Num r Contract Term Original
Contract Amount Amendrre
nt Amount Total
C. Mr.: ct Amount C
r•.at Center IT
IS KEf E W AGREED ASF LLOW 909)
38.)-0255 City
of Highland Lawrence
Mainez, Community Development
Director 909)
664- 8732 07/
01/14 through 06/30/19 1,
753, 532 I44
926 2,
196, 456 9300261000
AENDMENT
tO. 4 It os
hereby ag; edto mend contract No 1- ; 13,effective July 1, 2016, as fIto EEL FESCAL PKOVESECE4S Paragraph is amended
to read as foil: w8. iS A. Th
maximum ,,
ount of reimbursement under this Contract shall not ex c ed $2,198, 458. The consideration to be paid to County, as provided herein, shall full payment fir ail County°s serviced and expenses incurred in ? ; eperformance hereof, including travel and per diem. The m.,xiurn amount is a' total dollar amount that included the origin Intrect amount and ali subsequent amendments, broken down as follows. angonal Contract Amend,
rent No. 1
endm,.nt No 2
Amendment No. 3 Amendment
No. 4 436,
202 436, 202
436, 202
926 444,
926 July
1,
2014 thrcu *
hJune 30, 2015 July, 1, 2015 through
June 30, 2016 July 1, 2016 i'
brough June 30, 2017 July1, 2017 ` hrough
June 30, 2018 July 1, 2013 through
June 30, 2012 Sttincia d Contract Page
Iof2
-30-
V. TERM
Section V is amended to read as foOBows:
This Contract is effective as of JJuBy 1, 2014, and is extended <, *,m its amended e 2®9E), to eire on June 30, 2019, but may be terrninat 41earlier inaccordance VI of the Contract other
terms and con ditioncr remath Err ffuR force and effect. BOARD OF SUPERVISORS Robert
ALovingood, Chairman, Board of Supervisors Dated
NAY 2 2 2018 SIGNED
AND CERTIFIED T DOCUMENT
HAS BEEN CHAIRMAN
OF THE B By
FOR
COUNTY USE ONLY Approved
asto Legal Form Photo
Date
771. 1[7 un.
el By
r Name
Title
Dated
Mayor
iration
date of June 30, h
provisions of S .: n Address
Reviewed
for Contract Comphanee , Date
h
er
ldel itS Contra 1f
rl 8
Print
or Typo) 27215
Base Line Highland,
CA 92348 Date
511L)! Revised
10/19/ 17 Page 2of 2
-31-
ET ES CAS
ERNARDIINO
I Y
Contract Number
14-613 A-5
s Number
N/A
Department of Public Health
iDep ent Contract Represer tative John Greswit
Telepho e Num r ( 90g) 368 0255
Ccr ;- e, iesentit3ativ Te& aphid
Number Contract T.
tvu Ori, ! nai
Contract Amount Ae ,dment
Amount Total Contract Amount
Cost Cenotar EB
fAGREED
D AS FOLLO',',' S: kite 'tl "
DE6E Ti NO. 6 City of Highland)
Laurence Mainz, Dev
lopnt Director
9 ) 6; -8732 munity
07/ 01/ 14
rough
2,198, 458 20
4, 92 2o3,
3 93002611000 Et
is hereby agreed
to
amend contract No. 14-613, effecti, ! July 1, 2019, as ffoOOobw° Section I. Otty SecM6o esponslb6Olties is amended 4o add Paragraph Las follows: The Cou ' isIn the site assessment and des. , n phase of devoiling plans to replace the County° s existing animal shelter ffacdioty loc fled En the ,:•immunity of Davey :, The City a,« :a®,; 4 cges that the C a aunty will 'Zrreplacing the alisttaag aaormat shelter facility andboth parties will have anoppot unity to review plans and prop >sd cot toconstruct aoperate the new facility. Itis the c,uunty° s intent t+rhat the n,zw facility be d =signed sc ally to meet the County animal admission nakrig with the County current contract municipal' es. The City will have the opportunity to review the plans for :; a nti>,' facility along ,, th cost estimates and de twine if the City desires to contract withe County inestablishing apro*. rtionate cot share Ito receive animal care and conarol services from the + aunty un tie future Itis pr jetted the timeline to construct the new ffeciltty is approximately two years and arevision to the ex' tong contract wall be deveOoped to include a proportionate cost share toconstruct anti oc<<.ratthe new animal shl;er facility to accomodate animals re- ved from the City Standard ratct Pugs V of 2 -32-
Sermon IN. FiscaG Provisions, Paragraph ts amended to read as MG WS The maximum amount of reimburserrserst under this Contract shell not exc - tj $ 2, i r 3, 3 The nsideration to be paid to County, as prh > rein, shall be full payment for all County` ssera s and . xpenIncur- in the r,.ceW C4 he of, including tray . land 0 r dii, Fm. Tn maximum amount isatotal dollar amount that Includes he original contract amount and all su* Sequent amendments, broC3-ndown as follows. Originai Contract
rA.mondr
2 ent No. 1 Amendment No
mendment No.
4 3 Amendment No.
5 Amendment No.
30F, 2022
iy 36,
202 436 202
444, 926
444, 926
4,4,
926 Section V.
Term is amended to read as follows: This Contract
is effective as of July 1, 2014, and Is eaten to e.
ire on June 30, 2020, but may he tenpin s earl Contest. 40) rr
7(
July
1,
2014 through Jane 30, 2015 July 1,
2015 through Jane 30, 2010 July 1,
2016 through June 30, 2017 July 1,
2017 thr , ugh June 30, 2018 July 1,
2018 th r *ugh June 30, 2019 July 1,
2019 through June 30, 2020 from [ s
amr nd Ni eY traitor date of June 30, 2019, r In
an , itih provisions of Section sr terms
and condEticna reematn infull force and BOARD OF!//>
RVI Curt Hagman,
Chairman, Board of Supervisors Dated: r'? •' -
SIGNED AND
CERTIF
B
zTA. • P'' THIS DOCUMENT HAS
N VERED- Tb T CHAIRMAN OF
THE. Eta*, p Ft;` By 0
FOR
courtly
USE ONLY 6) City
of
Highland Print ortype
r+alne of corporation, company. contractor, etc.) BY Cd itrreture -
sign
Ih blue ink) Name Penny
Lilburn Tide Print
or
type name of person signing contract) Mayor Dated
Address
Print
or
type) V ,o
fic 0/ 27215 Base
Line Highland, CA
92346 Revised 1/
8/19 Page 2
of 2
-33-
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number
14- 613 A-6
SAN BERNARDINO
COUNTY
SAP Number
N/A
Department of Public Health
Department Contract Representative John Greswit
Telephone Number ( 909) 388-0255
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
City of Highland
Lawrence Mainez, Community
Development Director
909) 864- 8732
07/ 01/ 14 through 06/30/21
2, 643, 384
467, 172
3, 110,556
9300261000
IT IS HEREBY AGREED AS FOLLOWS:
AMENDMENT NO. 6
It is hereby agreed to amend contract No. 14- 613, effective July 1, 2020, as follows:
Section III. Fiscal Provisions, Paragraph A is amended to read as follows:
A. The maximum amount of reimbursement under this Contract shall not exceed $ 3, 110, 556. The consideration to be paid to County, as provided herein, shall be full payment for all County' s services and expenses incurred in the performance hereof, including travel and per diem. The maximum amount is a total dollar amount that includes the original contract amount and all subsequent amendments, broken down as follows:
Original Contract
Amendment No. 1
Amendment No. 2
Amendment No. 3
Amendment No. 4
Amendment No. 5
Amendment No. 6
436, 202
436, 202
436, 202
444, 926
444, 926
444, 926
467, 172
July 1, 2014 through June 30, 2015
July 1, 2015 through June 30, 2016
July 1, 2016 through June 30, 2017
July 1, 2017 through June 30, 2018
July 1, 2018 through June 30, 2019
July 1, 2019 through June 30, 2020
July 1, 2020 through June 30, 2021
Standard Contract Page 1 of 2
-34-
Date
Section V. Term is amended to read as follows:
This Contract is effective as of July 1, 2014, and is extended from its amended expiration date of June 30, 2020, to expire on June 30, 2021, but may be terminated earlier in accordance with provisions of Section VI of the Contract.
All other terms and conditions of Contract No. 14-613 remain in full force and effect.
COUNTY OF SAN BERNARDINO
rp
Curt Hagman, Chairman, B • of Supervisors
SIGNED AND CFRTI
DOCUMENT
CHAIRMAN
FOR COUNTY USE ONLY
Approved as to Legal Form
e
yow
qran Ebrigtit, C1epuZ rCounty Counsel
ci512.077
PY OF THIS
0 THE
Name Larry McCallon
Print or type name ofperson signing contract)
Title Mayor
Dated:
Print or Type)
Address 27215 Base Line
Highland, CA 92346
Reviewed for Contract Compliance
JenniferMulhafi- Qaiid .j S Contacts Date
Revised
7/15/ 19 Page 2of 2
-35-
DocuSign Envelope ID: DB4AD743- E743- 498- A817- F126E9778B87
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number
SAN BERNARDINO
COUNTY 14- 613 A- 7
SAP Number
N/A
Department of Public Health
Department Contract Representative John Greswit
Telephone Number ( 909) 388- 0255
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
City of Highland
Lawrence Mainez, Community
Development Director
909) 864- 8732
07/ 01/ 14 through 06/30/22
3, 110, 556
467, 172
3, 577, 728
9300261000
IT IS HEREBY AGREED AS FOLLOWS:
AMENDMENT NO. 7
It is hereby agreed to amend Contract No. 14- 613, effective July 1, 2021, as, follows:
Section ill. Fiscal Provisions, amend Paragraph A to read as follows:
A. The maximum amount of reimbursement under this Contract shall not exceed $3, 577,728. The consideration to be paid to County, as provided herein, shall be full payment for all County' s services and expenses incurred in the performance hereof, including travel and per diem. The maximum amount is a total dollar amount that includes the original contract amount and all subsequent amendments, broken down as follows:
Original Contract
Amendment No. 1
Amendment No. 2
Amendment No. 3
Amendment No. 4
Amendment No. 5
Amendment No. 6
Amendment No. 7
436,202
436, 202
436, 202
444, 926
444, 926
444, 926
467, 172
467, 172
July 1, 2014 through June 30, 2015
July 1, through. June 30, 2016
July 1, 2016 through June 30, 2017
July 1, 2017 through June 30, 2018
July 1, 2018through June 30, 2019
July 1, 2019 through June 30, 2020
July 1, 2020 through June 30, 2021
July 1, 2021 through June 30, 2022
Standard Contract Page 1 of 2
-36-
DocuSign Envelope ID: DB4AD743- E743- 4498-A817- F126E9778887 Section V. Term is amended to read as follows:
This Contract is effective as of July 1, 2014, and is extended from its amended expiration date of June 30, 2021, to expire on June 30, 2022, but may be terminated earlier in accordance with provisions of Section VI of the Contract.
Section VIII. Conclusion, amend Paragraph C and add Paragraph D to read as follows:
C. This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.
D. IN WITNESS WHEREOF, the Board of Supervisors of the County of San Bernardino has caused this Contract to be subscribed to by the Clerk thereof, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officers, the day, month, and year written.
All other terms and conditions of Contract No. 14-613 remain In full force and effect.
COUNTY OF SAN BERNARDINO
Curt Hagman, Chairmoard of Supervisors Dated:
MAY ffi 2 21 SIGNED
AND CERTIFIED THAT A COPY OF THIS DOCUMENT
HAS BEEN DELIVERED TQTHE CHAIRMAN
OF THE BOARD L
By
Deputy
FOR
COUNTY Approved
a Daniel
Pesek, Deputy County Counsel May
3, 2021 Date
Revised
7/15119 eMsors
rdino
Pant
ortype: By1
1, Authoriz Name
Title
Penny
Lilbum
y, contractor,
etc.) ure - sign
in blue ink) Pant Or
type name of person signing contract) Mayor Dated:
Address
Reviewed
CoWitlInWillanoe
Wisslisaa Jennifer
Mulhal
May3,
2021 Date Print
or
Type) 27215 Base
Line Highland, CA
92346 pakneni Andrew
Goldfrach,
Interim . rector May 3,
2021 Date Page
2 of 2
-37-
STAFF REPORT
TO THE CITY COUNCIL
DATE: April 12, 2022
FROM: Joseph A. Hughes, City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/ City Engineer PREPARED BY: Melissa Morgan, Public Services Managerr°
SUBJECT: Southern California Edison LS- 1 Option E, Energy Efficiency Light Emitting Diode Fixture Replacement Program
RECOMMENDATION: The Finance/ Personnel Subcommittee recommends that the City Council approve and authorize the Mayor to execute the Southern California Edison LS- 1 Option E, Energy Efficiency Light Emitting Diode Fixture Replacement Agreement between the City of Highland and Southern California Edison.
FISCAL IMPACT: The Agreement requires Southern California Edison (" SCE") to replace the existing approximately 669 SCE -owned street lighting fixtures in the City with Light Emitting Diode ( LED) street lighting fixtures to achieve energy efficiency benefits. The cost for the replacement, the Energy Efficiency Premium, (" EEP"), is charged over twenty ( 20) years on the monthly bills and is based on the Tamp wattage in a range of $ 1. 42 to $ 2. 88 per lamp per month.
The annual estimated cost savings in the first twenty years is approximately $ 21, 860 based on current tariffs. After twenty years when the EEP is no longer charged the estimated cost savings is an additional $ 12, 391 for a total annual cost savings of $ 34, 250 based on current tariff rates.
PUBLIC NOTICE: Public notice is not required prior to the City Council taking action on this matter. However, the Agenda was posted at the three ( 3) locations within the City, as required by Council Resolution and on the City' s Website.
Approved Motion Second Agenda Item No.
Denied Ayes
Continued Noes File No.
Tabled Abstain
Absent
City Clerk CitY Mar4
-1-
Staff Report to the City Council
SCE Option E LED Replacement Program
April 12, 2022
Page Two
BACKGROUND: The SCE Option E Program facilitates the retrofit of existing SCE owned High Pressure Sodium ( HPSV) street light fixtures in communities with existing SCE -owned fixtures. The Participants realize a cost savings as soon as the project is complete with the transition to the LED tariff and the reduction in energy use. SCE manages the implementation of the retrofit project from start to finish. SCE continues to own, maintain, and operate the streetlights and if a light fails for any reason, SCE will replace or repair that light. There are never any charges for maintenance or replacement when any failure happens. The LED upgrade will bring improved safety, lighting, energy and cost savings, and better visual acuity for residents and visitors. In addition, SCE utilizes GE Evolve Roadway Fixtures which is the same fixture that was selected for the City -owned streetlights. SCE uses standard " like for like" wattage replacement which will preserve the design and look of the streets. Therefore, there will be consistency in appearance and lighting throughout the City of all streetlights.
DISCUSSION: On March 10, 2022, City Staff presented the Finance/ Personnel Subcommittee with the details of the SCE Option E Program. After the discussion the Finance/ Personnel Subcommittee is recommending the City Council approve the City' s participation in the Option E Program.
Attachments: Southern California Edison LS- 1 Option E, Energy Efficiency Light Emitting Diode Fixture Replacement Agreement
-2-
S414 tiff R\ f it NONN I,
EDISON
Southern California Edison
Rosemead, California ( U 338- E)
Original Cal. PUC Sheet No. 57074- E
Cancelling Cal. PUC Sheet No.
Sheet 1
SCHEDULE LS- 1 OPTION E,
ENERGY EFFICIENCY -LIGHT EMITTING DIODE ( LED) FIXTURE REPLACEMENT
RATE AGREEMENT
Form 14- 965
To be inserted by utility) Issued by ( To be inserted by Cal. PUC) Advice 3241- E
Decision 14- 10- 046
7P8
R. O. Nichols
Senior Vice President
Date Filed Jun 30, 2015
Effective Jun 1, 2016
Resolution
-3-
SOUTHERN CALIFORNIA EDISON COMPANY
SCHEDULE LS- 1 OPTION E, ENERGY EFFICIENCY -LIGHT EMITTING DIODE ( LED)
FIXTURE REPLACEMENT RATE AGREEMENT
This Schedule LS- 1 Option E, Energy Efficiency -Light Emitting Diode ( LED) Fixture Replacement Rate Agreement ( Agreement), effective this day of
Effective Date), is entered into between Southern California Edison Company ( SCE) and , an SCE customer taking service on Schedule LS- 1 ( Applicant), referred to collectively as " Parties," and individually as " Party." This Agreement provides for SCE, at Applicant' s request, to replace the existing street lighting fixtures serving Applicant' s premises with Light Emitting Diode ( LED) street lighting fixtures to achieve energy efficiency benefits for Applicant, as set forth in Special Condition 14, Option E, Energy Efficiency -Light Emitting Diode ( LED) Fixture Replacement, of Schedule LS- 1.
The Parties agree as follows:
1. LED FIXTURES
SCE shall install, own, operate, and maintain LED Fixtures for Applicant as set forth in Exhibit " A" attached hereto and incorporated herein by this reference. The LED Fixtures provided hereunder shall at all times remain the property of SCE.
2. LED FIXTURE REPLACEMENT COSTS
2. 1 The replacement costs of the LED Fixtures provided hereunder shall be borne by Applicant.
2. 2 Applicant shall pay the charge for the LED Fixtures Replacement rate, which includes an Energy Efficiency Premium Charge ( EEPC) and a Base LED Charge, under Option E of Schedule LS- 1. Applicant elects Option E in lieu of an upfront, one-time payment of the replacement costs.
2. 3 SCE does not guarantee that any energy or bill savings will accrue to Applicant as a result of the LED Fixture replacements.
3. COMMENCEMENT OF SERVICE
The Parties agree that SCE has the right to charge Applicant, and Applicant has an obligation to pay SCE, for the charges set forth in Schedule LS- 1, Option E, commencing on the date SCE begins serving the LED Fixtures installed pursuant to this Agreement.
4. TERM AND TERMINATION
4. 1 This Agreement shall be effective as of the Effective Date and shall continue for a term of twenty ( 20) years from the commencement of service as specified in Section 3 above Term).
4. 2 Applicant may terminate this Agreement at any time during the Term upon a thirty ( 30) - day advance written notice, provided that Applicant, prior to or within the 30- day advance notice period, assigns the Agreement to any New Party In ( NPI) that owns, rents or leases the premises served by the street lighting fixtures replaced under this Agreement and will take service under Option E of Schedule LS- 1 effective as of the date of termination; otherwise, Applicant shall pay a one- time termination charge equal to the present value of the balance of the EEPC of Option E over the remaining Term. The present value is determined based on SCE' s authorized rate of return on rate base, or discounted rate of
7. 90%.
Form 14- 965
06/ 2016
1 -4-
SOUTHERN CALIFORNIA EDISON COMPANY
SCHEDULE LS- 1 OPTION E, ENERGY EFFICIENCY -LIGHT EMITTING DIODE ( LED)
FIXTURE REPLACEMENT RATE AGREEMENT
5. AMENDMENTS; ASSIGNMENTS
5. 1 Any changes or amendments to this Agreement must be in writing and must be executed by the Applicant and SCE and, if required, be approved by the California Public Utilities Commission ( Commission).
5. 2 Applicant shall not assign this Agreement without the prior written consent of SCE; provided, however, that Applicant may assign the Agreement pursuant to the terms and conditions of Section 4. 2 above, and the NPI must assume all rights and obligations under this Agreement for the remaining Term. Any assignment and assumption shall be in a form acceptable to SCE.
6. NOTICE
Any notice either Applicant or SCE may wish to provide the other regarding this Agreement must be in writing. Such notice must be either hand - delivered or sent by U. S. certified or registered mail, postage prepaid, to the person designated to receive notice for the other Party below, or to such other address as either may designate by written notice. Notices delivered by hand shall be deemed effective when delivered. Notices delivered by mail shall be deemed effective when received, as acknowledged by the receipt of the certified or registered mailing.
Applicant: SCE:
Name)
Title)
Address)
City, State, Zip)
7. NONWAIVER
Business Customer Division
Southern California Edison Company
2244 Walnut Grove Avenue
Rosemead, CA 91770
The failure of either Party to enforce any of the terms and conditions or to exercise any right or privilege in this Agreement shall not be construed as a waiver of any such term and conditions or rights or privileges, and the same shall continue and remain enforce and effect as if no such failure to enforce or exercise had occurred.
8. SEVERABILITY
In the event that any of the provisions, or portions thereof, of this Agreement are held to be unenforceable or invalid by the Commission, or any court of competent jurisdiction, the validity and enforceability of the remaining provisions or any portion thereof shall not be affected.
9. APPLICABLE LAWS, RULES, AND REGULATIONS
This Agreement shall be subject to, and interpreted under the laws, rules, decisions and regulations of the State of California, without regard to its conflict of laws principles, the Commission, and SCE' s Commission - approved tariffs.
Form 14- 965
06/ 2016
2 -5-
SOUTHERN CALIFORNIA EDISON COMPANY
SCHEDULE LS- 1 OPTION E, ENERGY EFFICIENCY - LIGHT EMITTING DIODE ( LED)
FIXTURE REPLACEMENT RATE AGREEMENT
10. CALIFORNIA PUBLIC UTILITIES COMMISSION JURISDICTION
10. 1 This is a filed form tariff agreement authorized by the Commission for use by SCE. No officer, inspector, solicitor, agent or employee of SCE has any authority to waive, alter, or amend any part of this Agreement except as provided herein or authorized by the Commission. This Agreement is to be used in conjunction with Schedule LS- 1 and supplements the terms and conditions of the Applicant' s electric service under Schedule LS- 1.
10. 2 This Agreement shall at all times be subject to such changes or modifications by the Commission as said Commission may, from time to time, direct in the exercise of its jurisdiction.
10. 3 Notwithstanding any other provisions of this Agreement, SCE has the right to unilaterally file with the Commission, pursuant to the Commission' s rules and regulations, an application for change in rates, charges, classification, service, or rule or any agreement relating thereto.
11. ENTIRE AGREEMENT
This Agreement, including SCE' s Commission -approved tariffs, constitutes the complete agreement and understanding between the Applicant and SCE regarding the LED Fixtures replacement costs.
Prior agreements, representations, understandings, whether expressed or implied, and communications, oral or written, between the Applicant and SCE shall not be construed to be a part of this Agreement.
12. AUTHORIZATION SIGNATURE
In witness whereof, the Parties hereto have caused this Agreement to be signed by their duly authorized representatives.
APPLICANT
BY:
NAME:
TITLE:
DATE SIGNED:
SOUTHERN CALIFORNIA EDISON COMPANY
BY:
NAME:
TITLE:
DATE SIGNED:
Form 14- 965
06/ 2016
3 -6-
SOUTHERN CALIFORNIA EDISON COMPANY
EXHIBIT " A"
SCHEDULE LS- 1 OPTION E,
ENERGY EFFICIENCY - LIGHT EMITTING DIODE ( LED) FIXTURE REPLACEMENT
APPLICANT
CUSTOMER ACCOUNT NO.
SERVICE ACCOUNT NO.
Additional account numbers/ addresses may be attached hereto.)
SERVICE ADDRESS
APPLICANT REQUESTED READY TO SERVE DATE
ASAP
SCE READY TO SERVE DATE
DESCRIPTION OF LED FIXTURES/ SCOPE OF WORK: SPECIFY HOW MANY STREET LIGHTING
FIXTURE REPLACEMENTS ARE BEING REQUESTED AND AGREED TO UNDER THIS AGREEMENT AND OTHER RELEVANT DETAILS.
W.O. No( s):
Form 14- 965
06/ 2016
4 -7-
DATE:
FROM:
PREPARED BY:
SUBJECT:
STAFF REPORT
TO THE CITY COUNCIL
April 12, 2022
Joseph A. Hughes, City Manager
Chuck Dantuono, Director of Administrative Services/ City Treasurer 0.111, Select the firm of Van Lant & Fankhanel, LLP as the City' s auditors and approve a professional services agreement with Van Lant & Fankhanel, LLP.
RECOMMENDATION: The Finance Subcommittee recommends that the City Council:
1. Approve the selection of Van Lant & Fankhanel, LLP as the City' s auditors.
2. Approve the attached professional services agreement with Van Lant & Fankhanel, LLP.
FISCAL IMPACT: The cost of the audit is attached in Attachment 2. There are adequate funds in the budget for this.
PUBLIC NOTICE: The agenda for this item was posted at the three required locations.
BACKGROUND: The contract with Van Lant & Fankhanel for professional auditing services expired after the last audit. On January 6, 2022, City staff sent out an RPF. Three firms responded to the RFP and all three were interviewed by the Finance Subcommittee on March 10, 2022. All three firms are qualified to perform the City' s audit. After consideration of qualifications and price, the Finance Subcommittee recommends to the City Council that Van Lant & Fankhanel, LLP be awarded the contract and ranked Rogers, Anderson Malody & Scott, and Lopez & Gruber as second and third, respectively. The attached auditing contract has been reviewed and approved by Van Lant & Fankhanel. It has also been approved by the City Attorney as to form.
Attachments:
1. Van Lant & Fankhanel, LLP Proposal.
2. Cost Summary of all firms who participated in RFP.
3. Proposed auditing contract with Van Lant & Fankhanel, LLP.
Approved Motion Second Agenda Item No. /
Denied Ayes
Continued Noes File No.
Tabled Abstain
h
Absent
City Clerk City Ma
-1-
Attachment # 1
Van Lant & Fankhanel, LLP Proposal
-2-
Proposal to Perform Audit Services for the:
Submitted by:
Van lant &
Fankhanel, LLP
Y--
California License No. PAR 7535
Contact Information:
Greg Fankhanel, CPA, CFE
Brett Van Lant, CPA
29970 Technology Drive, Suite 105 A
Murrieta, CA 92563
Telephone: ( 909) 856- 6879
E- mail: [email protected]
bvanlant@vlfcpa. com
February 10, 2022
-3-
-4-
CITY OF HIGHLAND
PROPOSAL TO PERFORM ANNUAL AUDIT SERVICES
TABLE OF CONTENTS
Page Number
Letter of Transmittal 1
License and Independence ( RFP VI. C. 1 & 2) 3
Firm Qualifications and Experience ( RFP VI. C. 3): 3
Current Municipal Audit Clients 4
Participation in External Quality Control Review Program 4 Disciplinary Action 4
Partner and Staff Qualifications and Experience ( RFP VI. C. 4): 5 Engagement Partner Resume — Brett Van Lant, CPA 7
Quality Control Reviewer Resume — Greg Fankhanel, CPA, CFE 8 Engagement Supervisor Resume — Enrico Tobing, CPA 9
Senior Accountant Resume — Antonio Moran, CPA 10
Similar Engagements with Other Governmental Agencies ( RFP VI. C. 5) Specific Audit Approach ( RFP VI. C. 6)
Anticipated Potential Audit Problems ( RFP VI. C. 7)
Appendix A — Peer Review Report
11 13
17 -5-
Van Lain& VLF Fankhanel LLP
I Certified Public Accountants
February 10, 2022
Chuck Dantuono
Director of Administrative Services
City of Highland
27215 Base Line
Highland, CA 92346
Van Lant & Fankhanel, LLP ( VLF) is pleased to submit our proposal to perform professional audit services for the City of Highland ( City). We hope this proposal conveys our strong desire and qualifications to fulfill your requirements. We understand this proposal is to audit the City' s financial statements for five fiscal years beginning with the fiscal year ending June 30, 2022.
VLF is a local firm of Certified Public Accountants with offices located in Redlands and Murrieta, California. The principals of the firm ( Mr. Brett Van Lant and Mr. Greg Fankhanel) have been providing governmental accounting and auditing services to California cities and special districts for 40 years combined. VLF is dedicated to providing the highest level of experience and expertise in governmental accounting knowledge to ensure a smooth audit process that causes minimal disruption to the City' s ongoing daily administrative operations.
VLF is the best choice to provide annual audit services to the City of Highland for the following significant reasons:
We have extensive experience auditing similar California cities and special districts.
Significant Partner involvement throughout the audit engagement. Audit Partners will be performing fieldwork and reports with the assistance of senior level auditors.
Having the Audit Partners involved in all aspects of the audit assures continuity of the audit team each year.
A complete understanding of the City's reporting requirements and deadlines. In addition, we assist a number of cities and special districts each year in obtaining the GFOA award for excellence in financial reporting.
Mr. Fankhanel is also a Certified Fraud Examiner which adds another level of expertise to the audit process. We have assisted many California cities in strengthening internal controls, and establishing effective policies and procedures.
Van Lant & Fankhanel, LLP
29970 Technology Drive. Suite 105 A
Murrieta. CA 92563
909 856 6879
1 -6-
What sets us apart from other audit firms? You are not just a number to us — every audit client is unique and important to us. As a smaller firm, we believe the personal service and attention we will provide cannot be duplicated at larger firms. While many firms have knowledgeable and experienced individuals on staff, the quality of each audit ultimately depends on the audit personnel involved in the daily audit process, including fieldwork and report preparation. With VLF, you will be dealing with Partner level personnel throughout the audit process, including fieldwork.
We are passionate about providing the highest level of service. We believe one the best services we can provide is to be available throughout the year to assist our clients with questions and keep them apprised of new accounting and financial reporting requirements. We encourage our clients to communicate questions or concerns, not only during the audit process, but as they arise at any time during the year. You will have access to the audit partners on a daily basis, throughout each audit and each fiscal year.
We certify that VLF and the audit partners are properly licensed to practice in California. Greg Fankhanel is authorized to represent VLF, empowered to submit this proposal, and authorized to sign a contract with the City. Should you have any questions regarding our proposal or desire additional information, please call Greg Fankhanel, CPA, at ( 909) 856- 6879, or email to gfankhanel@vlfcpa. com.
Respectfully submitted,
Greg Fankhanel, CPA, CFE
Managing Partner
2 -7-
City of Highland
License and Independence
VLF and all assigned key professional staff are properly licensed by the California State Board of Accountancy to practice in the State of California ( License No. PAR 7535).
We are independent of the City of Highland and its component units in accordance with generally accepted auditing standards as promulgated by Rule 101 of the American Institute of Certified Public Accountants Code of Professional Ethics, generally accepted government auditing standards promulgated by the U. S. General Accounting Office ( GAO), and the rules of the California State Board of Accountancy and Accounting Oversight Board.
We will provide the City with written notice of any professional relationships entered into during the period of our engagement that may impair our independence, if necessary.
Firm Qualifications and Experience
Van Lant & Fankhanel, LLP ( VLF) is a local firm of Certified Public Accountants specializing in local government accounting and financial reporting. VLF currently serves a number of local governments throughout the State. Our Firm' s mission is to provide our clients with the highest level of experience and expertise, throughout each year of our engagement. Because VLF is a smaller firm dedicated to governmental accounting and auditing services, we provide our clients with Partner level individuals in the field each year of the audit engagement. This has proven to be a valuable service to our clients and helps to significantly reduce the amount of client staff time consumed by the audit process.
The proposed audit team will include 2 full- time Audit Partners and 2 full- time Senior Accountants.
One of the Audit Partners will be assigned to perform quality control reviews and assist with audit fieldwork as necessary.
Our Murrieta office will be the engagement office assigned to the City. VLF currently provides audit and accounting services to a number of cities and special districts throughout California.
Information regarding several of our current audit clients has been included in this proposal. Please contact these organizations to learn more about our firm' s ability to provide excellent audit services.
Greg Fankhanel was a reviewer for the GFOA CAFR award program for many years. 3 -8-
City of Highland
Our Firm focuses on providing audit and assurance services to local governments in California.
The Partners have also provided TOT and Franchise Fee audit services.
The engagement team members proposed to serve the City are highly -trained government auditors.
One of our goals is to avoid putting our clients in a position of having to " train" the auditors. We avoid this by ensuring that all fieldwork is properly staffed and supervised by Partner level personnel. We are required to complete at least 80 hours of continuing education every 2 years, with a majority of these hours relating specifically to government accounting and auditing subjects.
Continuing education requirements are met through classes developed by professional organizations, such as the CSCPA, GFOA, and the AICPA. Both Mr. Fankhanel and Mr. Van Lant have been instructors for an in- house continuing education program for several years.
Current Municipal Audit Clients
Below is a list of current municipal audit clients for which we currently provide audit services.
City of Lemon Grove
Current Municipal Clients
Town of Windsor
City of Highland* City of Winters*
City of La Puente* City of Yucaipa*
City of Montclair City of Santa Paula
City of San Fernando* City of Susanville
City of Delano* Apple Valley Fire Protection District
City of Tehachapi* Lake Arrowhead Community Services District* City of Ukiah* Running Springs Water District
City of Upland* Tehachapi Cummings County Water District* City of Hidden Hills Riverside County Flood Control District CAFR submitted to the GFOA award program
Participation in External Quality Control Review Program As required by Government Auditing Standards, our firm must have a peer review once every three years. We received a " clean" opinion with no deficiencies in our most recent peer review report, which included a review of specific government engagements. A copy of the report is included at Appendix A.
In addition, we have established a quality control program to adhere to the stringent quality control standards established by the AICPA. We have also developed policies and procedures to ensure our engagements are properly supervised and staff receives necessary training to handle the responsibilities afforded them.
Disciplinary Action
There have been no disciplinary or regulatory actions taken against our CPA firm, or the partners. The firm has had no negative federal or state reviews.
4 -9-
City of Highland
Partner, Supervisory, and Staff Qualifications and Experience The proposed Engagement Team selected to serve the City have extensive experience and a proven record of providing excellent audit services to Cities of similar size and operations.
Engagement Partner
Brett Van Lant, CPA
Engagement Quality Control
Reviewer
Greg Fankhanel, CPA, CFE
Audit Senior
Enrico Tobing, CPA
Audit Senior
Antonio Moran, CPA
We will provide continuity of audit staff from year to year, which is in the best interest of the City and is most efficient from our firm' s perspective. Additionally, the audit partners assigned to this engagement are working partners and therefore will be involved throughout the entire engagement each year, including fieldwork.
We affirm that engagement partners, managers, and other supervisory staff may be changed if those personnel leave the firm, are promoted or are assigned to another office. These personnel may also be changed for other reasons only with the express prior written permission of the City.
We agree the City retains the right to approve or reject replacements. 5 -10-
City of Highland
Brett Van Lant, CPA
Engagement Partner
Mr. Van Lant is an Audit Partner for VLF and has over 14 years of experience auditing local governments and non -profits, including cities and special districts throughout the State of California.
His duties will include supervising the engagement team during fieldwork, reviewing all reports, and performing the review and approval of the audit engagement. In addition, he will be the point of contact for the City throughout the engagement.
Greg W. Fankhanel, CPA, CFE
Quality Control Reviewer
Mr. Fankhanel is the managing Partner of VLF and has over 30 years of experience auditing local governments and non -profits, including cities and special districts throughout the State of California.
Mr. Fankhanel will be extensively involved throughout the audit process. He has served as a special reviewer for the GFOA certificate of achievement program for many years. His duties will include performing quality control reviews of the engagement and serve as the concurring partner for the audit, in addition to assisting with audit fieldwork, as necessary.
Enrico Tobing, CPA
Supervisor
Mr. Tobing is a Supervisor with VLF with over 6 years of experience. He will work closely with Mr.
Van Lant during the audit fieldwork and report preparation for the City. Mr. Tobing has extensive experience auditing local governments, including cities and special districts throughout the State of California.
Antonio Moran, CPA
Senior Accountant
Mr. Moran is a Senior Auditor with VLF with over 4 years of experience. He will work closely with Mr. Van Lant and Mr. Tobing throughout the audit fieldwork. Mr. Moran has four years of experience auditing local governments.
Resumes of the proposed engagement team are provided below:
6 -11-
Brett Van Lant is an audit Partner of
Van Lant & Fankhanel, LLP. Prior to
co- founding our firm, Mr. Van Lant
spent 6 years with another CPA firm
where he served as an Audit
Manager for over 4 years.
Mr. Van Lant has extensive
experience in leading and
performing financial statement
audit engagements for
government agencies. He has
worked closely with many local
governments over the year
assisting with the implementation
of significant accounting
pronouncements including GASB
67/ 68 and GASB 75.
BRETT VAN LANT, CPA
Engagement Partner
PROFESSIONAL MEMBERSHIPS
Member, American Institute of Certified Public Accountants ( AICPA) Member, California Society of Certified Public Accountants ( CalCPA) Member, California Society of Municipal Finance Officers ( CSMFO) Member, Government Finance Officers Association ( GFOA)
PROFESSIONAL EXPERIENCE ( PARTIAL LIST)
Town of Apple Valley
City of Corona
City of Delano
City of Healdsburg
City of Hemet
City of Highland
City of Hidden Hills
City of King City
City of La Puente
City of Montclair
City of Murrieta
City of San Fernando
City of San Clemente
City of Santee
City of South El Monte
City of Tehachapi
City of Ukiah
City of Upland
City of Yucaipa
City of Winters
East Valley Water District
Running Springs Water District
Lake Arrowhead Community Services District
Temescal Valley Water District
Tehachapi -Cummings County Water District
Valley Sanitary District
CONTINUING PROFESSIONAL EDUCATION
Over 120 hours of continuing education over the past three years with a focus on governmental accounting and auditing topics, along with topics related to audits performed under the Uniform Guidance.
EDUCATION
California State University, San Bernardino
BS Degree in Business Administration, Emphasis in Accounting 7 -12-
Greg W. Fankhanel is the
Managing Partner of Van Lant &
Fankhanel, LLP. Prior to cofounding our firm, Mr. Fankhanel spent 24 years with another CPA
firm, where he served as an Audit
Partner for over 12 years.
Mr. Fankhanel has extensive
experience in leading and
performing financial statement
audit engagements for
government agencies. In addition,
as a Certified Fraud Examiner
CFE), he takes a proactive
approach in providing information
and assistance in fraud prevention
and detection, which provides an
excellent resource for audit clients.
GREG W. FANKHANEL,
CPA, CFE
Engagement QC Reviewer
PROFESSIONAL MEMBERSHIPS
Member, American Institute of Certified Public Accountants ( AICPA) Member, California Society of Certified Public Accountants ( CalCPA) Member, California Society of Municipal Finance Officers ( CSMFO) Member, Government Finance Officers Association ( GFOA) Member, Association of Certified Fraud Examiners ( ACFE) GFOA Certificate reviewer
PROFESSIONAL EXPERIENCE ( PARTIAL LIST)
Town of Apple Valley
City of Corona
City of Hidden Hills
City of Highland
City of La Puente
City of Montclair
City of Murrieta
City of San Fernando
City of San Clemente
City of St. Helena
City of Tehachapi
City of Ukiah
City of Upland
City of Yucaipa
City of Winters
East Valley Water District
Running Springs Water District
Lake Arrowhead Community Services District
Temescal Valley Water District
Tehachapi -Cummings County Water District
Valley Sanitary District
CONTINUING PROFESSIONAL EDUCATION
Over 120 hours of continuing education over the past three years with a focus on governmental accounting and auditing topics, along with fraud prevention and detection.
EDUCATION
University of Hawaii
BS Degree in Business Administration, Emphasis in Accounting 8 -13-
Enrico Tobing is an audit Supervisor
at Van Lant & Fankhanel, LLP.
Enrico joined VLF upon graduating
from California State University, San
Bernardino.
Mr. Tobing has over 6 years'
experience performing financial
statement audit engagements for
government agencies. He has
been involved in numerous audit
engagements throughout the
years participating in the planning
process, developing the detailed
audit approach, performing single
audit compliance testing,
supervising staff, and the
preparation of financial and other
required reports. He earned his
CPA license in California in 2020.
ENRICO TOBING, CPA
Engagement
PROFESSIONAL MEMBERSHIPS
Member, American Institute of Certified Public Accountants ( AICPA) Member, California Society of Municipal Finance Officers ( CSMFO)
PROFESSIONAL EXPERIENCE
Town of Apple Valley
City of Delano
City of Healdsburg
City of Hidden Hills
City of Highland
City of La Puente
City of Lemon Grove
City of Maywood
City of Montclair
City of Murrieta
City of San Fernando
City of San Clemente
City of Santa Paula
City of Susanville
City of Tehachapi
City of Ukiah
City of Upland
City of Yucaipa
Town of Windsor
City of Winters
East Valley Water District
Running Springs Water District
Riverside County Flood Control and Water Conservation District Lake Arrowhead Community Services District
Temescal Valley Water District
Tehachapi - Cummings County Water District
CONTINUING PROFESSIONAL EDUCATION
Over 120 hours of continuing education over the past three years with a focus on governmental accounting and auditing topics, along with topics related to audits performed under the Uniform Guidance.
EDUCATION
California State University, San Bernardino
BS Degree in Business Administration, Emphasis in Accounting 9 -14-
Antonio Moran is a Senior
Accountant at Van Lant &
Fankhanel, LLP. Antonio joined VLF
upon graduating from California
State University, San Bernardino.
Mr. Moran has over 4 years'
experience performing financial
statement audit engagements for
government agencies. He has
been involved in numerous audit
engagements throughout the
years participating in the planning
process, performing audit
procedures, performing single
audit compliance testing, and the
preparation of financial and other
required reports. He earned his
CPA license in California in 2020.
ANTONIO MORAN, CPA
Senior Auditor
PROFESSIONAL MEMBERSHIPS
Member, American Institute of Certified Public Accountants ( AICPA) Member, California Society of Municipal Finance Officers ( CSMFO)
PROFESSIONAL EXPERIENCE
Town of Apple Valley
City of Delano
City of Hidden Hills
City of Highland
City of La Puente
City of Lemon Grove
City of Maywood
City of Montclair
City of San Fernando
City of Santa Paula
City of Susanville
City of Tehachapi
City of Ukiah
City of Upland
City of Yucaipa
Town of Windsor
City of Winters
Running Springs Water District
Lake Arrowhead Community Services District
Riverside County Flood Control and Water Conservation District Temescal Valley Water District
Tehachapi -Cummings County Water District
CONTINUING PROFESSIONAL EDUCATION
Over 120 hours of continuing education over the past three years with a focus on governmental accounting and auditing topics, along with topics related to audits performed under the Uniform Guidance.
EDUCATION
California State University, San Bernardino
BS Degree in Business Administration, Emphasis in Accounting 10 -15-
City of Highland
Similar Engagements with Other Governmental Entities
The following are audit client references for which similar services have been provided in the last three years. The audit clients listed below are all current audit clients of our firm. We do not have any clients to list for which services were provided in the last two years but are no longer provided. 1) City of Tehachapi
Client Contact: Hannah Chung, CPA,
Finance Director
City of Tehachapi
115 S Robinson Street
Tehachapi, CA 93561
661) 822- 2200
Engagement Partner: Brett Van Lant
Total Hours: 400
The City of Tehachapi was incorporated in 1909 as a General Law City and provides the following services: public safety, streets, planning, water, wastewater, refuse, airport, and general administrative services. We conducted the annual audit of the City for the years ended June 30, 2011 through 2021 ( including single audit). We also prepared the State Controller' s Reports and provided assistance in obtaining the GFOA financial statement award. 2) City of Lemon Grove
Client Contact: Rod Greek,
Administrative Services Director
City of Lemon Grove
3232 Main Street
Lemon Grove, CA 91945
619) 825- 3803
Engagement Partner: Greg Fankhanel
Total Hours: 300
The City of Lemon Grove provides the following services: public safety, streets, planning, wastewater, and general administrative services. We conducted the annual audit of the City for the years ended June 30, 2017 through 2021 ( including single audit) and provided assistance with the implementation of GASB 75 and other accounting pronouncements. We also prepared the State Controller' s Reports.
3) City of Winters
Client Contact: Shelly Gunby, Director of
Financial Management
City of Winters
318 First Street
Winters, CA 95694
530) 795- 4910
Engagement Partner: Brett Van Lant
Total Hours: 285
11 -16-
City of Highland
The City of Winters was incorporated in 1898 as a General Law City and provides the following services: public safety, streets, planning, water, wastewater, and general administrative services. We conducted the annual audit of the City for the years ended June 30, 2014 through 2021 ( including single audit) and provided assistance with the implementation of GASB 68 and other accounting pronouncements. We also provided assistance in submitting for and obtaining the GFOA financial statement award.
4) City of La Puente
Client Contact: Troy Grunklee,
Administrative Services Director
City of La Puente
15900 Main St.
La Puente, CA 91744
626) 855- 1509
Engagement Partner: Brett Van Lant
Total Hours: 235
The City of La Puente is a General Law City that provides the following services: public safety, streets, planning, and general administrative services. We conducted the annual audit of the City for the years ended June 30, 2015 through June 30, 2021 ( including single audit) and provided assistance with the implementation of new GASB Pronouncements. We also provided assistance in submitting for and obtaining the GFOA financial statement award. 5) City of Upland
Client Contact: Londa Helms, Admin. Svcs. Dir. Engagement Partner: Greg Fankhanel City of Upland Total Hours: 325
460 N. Euclid Ave.
Upland, CA 91786
909) 931- 4100
The City of Upland is a General Law City that provides the following services: public safety, streets, planning, water utility, sewer utility, solid waste, and general administrative services.
We conducted the annual audit of the City for the years ended June 30, 2018 through June 30, 2021 and provided assistance with the implementation of new GASB Pronouncements. We also provided assistance in submitting for and obtaining the GFOA financial statement award. 12 -17-
City of Highland
Specific Audit Approach
We believe that timely and adequate audit planning, along with proper communication throughout the audit process, helps to achieve highly efficient and effective audits. We also believe that one of the most important services that can be rendered to clients is to be available at all times during the year. This approach allows the clients the opportunity to consult with the auditors about technical problems and alternative approaches to accounting issues that arise during the year. We emphasize audit partner availability throughout each fiscal year.
Proposed Segmentation
The following is a proposed segmentation of the engagement, including the level of staff and estimated hours:
Description
Level of Estimated
Staff Hours
Preaudit planning with City staff. Detail audit
plan provided.
Entrance conferences and auditors perform
interim audit procedures, including Single Audit Partners, procedures, if applicable. Senior 125
Progress conference ( interim work complete). Partners 1 Auditors mail all necessary audit confirmations. Senior 2 City staff provides trial balances and supporting
schedules for audit. Auditors commence final Partners,
examination procedures. Senior 140
Exit conference where auditors propose AJE' s
and discuss internal control and compliance
findings from the audit, as applicable. Partners 2
Partners 2
Auditors prepare draft CAFR and other applicable Partners, 20 reports. Senior
City reviews draft CAFR and related audit
reports. N/ A N/ A
All reports are finalized and submitted. Partners 3
Our proposed segmentation of the engagement is further expanded below:
13 -18-
City of Highland
Planning Phase
Shortly after our appointment as auditors, we will schedule a pre -audit planning meeting during which we will discuss any special concerns, needs and the timing of the audit with appropriate members of the City' s staff. We will provide a customized request list or " PBC list" to City staff in advance of our arrival for interim fieldwork.
All members of the proposed engagement team are highly trained municipal auditors with extensive experience auditing similar Cities in California. Therefore, we tailor our approach with the focus of being the least disruptive as possible to the City' s staff. To achieve this, as part of the planning phase, the engagement team will review City budgets, organizational charts, year- to- date accounting records, applicable accounting policies and procedures, prior year financial statements, the City' s website, and minutes of Council meetings to gain a thorough understanding of the City' s operations and activities.
Interim Fieldwork
We take a customized approach to each and every audit. We will apply the " Risk Assessment" audit standards to your audits. An overriding objective throughout the planning process is the identification of risks that should be assessed as to whether they could result in material misstatement of the financial statements whether due to error or fraud. Due to the complex nature of the risk assessment process, it is performed at the Partner level for all of our audit engagements.
The main focus of the interim audit fieldwork is to obtain an understanding and evaluate the City' s specific internal accounting control systems. Our review and evaluation of your internal control systems will be completed by reviewing supporting documentation for transactions, walk-throughs, and interviews of City staff. Each of these approaches requires inquiry and observation of City personnel and operations. We will also utilize the City' s budget, organizational charts, financial reports, policies and procedures, and other applicable documents.
Interim financial reports will be reviewed and limited analytical procedures will be applied to significant account balances in order to identify potential misstatements early on in the audit process.
As required by our audit standards, we will also perform procedures to identify the risk of fraud within the organization. In addition to reviewing pertinent accounting records and policies and procedures, we will conduct " fraud inquiries" with various selected City staff. Given the sensitive nature of these procedures, these inquiries will be conducted by the Audit Partners.
We will conclude the interim audit period with an exit conference with the appropriate City staff to discuss any findings or control risks we encountered during this interim phase, along with practical recommendations to mitigate these risks. Our recommendations will be directed at safeguarding City assets, improving the effectiveness of City procedures, and improving the reporting of financial information, as applicable.
Year- end Fieldwork
This phase of the audit will focus on verifying account balances in the City' s general ledger. Balance sheet accounts, along with certain revenue and expenditure/ expense will be reviewed for 14 -19-
City of Highland
reasonableness and verified with supporting documentation, including third -party confirmations, loan and debt agreements, and other supporting schedules. Analytical and substantive procedures will be performed based on our judgment and the results of our risk assessment.
We will conclude the year-end audit fieldwork with an exit conference with the appropriate City staff to discuss the results of our audit procedures, as well as disclose any proposed journal entries we may have discovered. We will also discuss the preparation of the CAFR and various other reports to be issued for the audit period.
Report Preparation
Partners and senior staff will be solely responsible for preparing the reports.
Our draft reports go through an extensive review process before they are sent to City staff for review. Our goal is to provide " print ready" reports when City staff receives the first draft. This ensures City staff will not have to spend time correcting our mistakes. We have a proven track record of meeting deadlines and being flexible to meet the City's needs as they may change throughout the engagement.
Sampling
Our sampling methods are designed to provide the most coverage possible without expending excess time where impractical. We also concentrate efforts towards those areas known to be susceptible to error. Sample sizes will depend upon our preliminary assessment of control risk and the extent of our planned substantive tests and analytical procedures. We use models based on statistical sampling theories to help determine the sample size of a given population of transactions.
In addition, we may select transactions above a certain dollar threshold, based on materiality, to review. We use sampling in the areas of cash receipts, cash disbursements, payroll, and utility billing.
The audit team will have laptop computers onsite during the audit fieldwork utilizing state- of-the- art software. We utilize programs such as Microsoft Excel to assist in our audit procedures and provide for greater efficiency and effectiveness, including data extraction procedures and analysis. We have significant experience working with many various accounting systems in our government audits.
Analytical Procedures
Analytical procedures will be performed in the planning stage of the audit (risk assessment process) and in our substantive testing, based on the results of our risk assessment. These procedures will include comparing account balances to prior years and to the current period' s budget, and consideration of expected relationships among the accounts and periods. To be effective, the analytical procedures can only be performed once we have determined our expectations based on our understanding of the City' s activities and changes from one year to the next. For results that do not meet our expectations, we perform additional substantive procedures to understand and verify the causes for the fluctuations. We make every effort to investigate the fluctuations before obtaining explanations from City staff and consuming staff time unnecessarily. 15 -20-
City of Highland
Approach to Understanding the City' s Internal Controls We will obtain an understanding of the design and implementation of the City' s internal controls by performing the procedures as required by SAS 109. This involves documenting our understanding of the internal controls over the areas of cash, investments, revenues and receivables, utility revenues and receivables, expenditures and accounts payable, capital assets, debt, payroll and related liabilities, self-insurance and claims liabilities and grant compliance. We will then evaluate the design of controls and determine whether they have been properly implemented. Evaluating the design of controls involves considering whether the control, individually or in combination with other controls, is capable of effectively preventing or detecting and correcting material misstatements.
In addition, as part of the audit, we will issue an internal control report as required by Government Auditing Standards that will identify significant deficiencies and material weaknesses, if any.
Approach to Understanding Laws and Regulations Subject to Audit Test Work Our audit approach recognizes the importance of laws and regulations in planning the audit of a local governmental entity. As part of the audit, we obtain an understanding of those laws and regulations that have a direct and material effect on the determination of financial statement amounts. We then design the audit to provide reasonable assurance of detecting material instances of noncompliance. We obtain our understanding of applicable laws and regulations by becoming familiar with the following:
1) The terms and provisions of grant agreements and contracts. 2) State and federal restrictions affecting funding received by the City; 3) The Municipal Code of the City.
4) State laws regarding authorized investments, spending limits, debt limits, etc. 5) City policies regarding investments, purchasing, budgets, and the establishment of funds. 6) Bond covenants of outstanding issues.
7) Personnel Policies adopted by the City.
8) Other Federal and State laws and regulations, as appropriate.
Approach to Drawing Samples for Purposes of Tests of Compliance The objective of tests of compliance is to determine whether an organization has complied with laws and regulations that may have a material effect on each major program. Therefore, we select samples that will provide sufficient evidence for that purpose. After defining the population, we determine sample sizes and select samples from each major program. Factors that may affect the sample sizes include the following:
a) The amount of expenditures for the program and the individual awards; b) The newness of the program or changes in its conditions; c) Prior experience with the program, particularly as revealed in audits and other evaluations; d) The extent to which the program is carried out through subreceipients; e) The level to which the program is already subject to program reviews or other forms of independent oversight;
16 -21-
City of Highland
f) The adequacy of controls for ensuring compliance;
g) The expectation of adherence or lack of adherence to the applicable laws and regulations; a h) The potential impact of adverse findings.
In the event that any irregularity in records indicates the City may have suffered or will suffer a monetary loss, we will report such loss to the appropriate City personnel immediately upon discovery in the form of a written report. Responses to City notifications will be prompt and all reports will be remitted in a timely manner to meet your needs. We make it a practice to be proactive in providing guidance and assistance to our audit clients throughout each fiscal year to ensure proper and timely implementation of new and significant accounting pronouncements, and also with laws and regulations.
Assistance expected from City staff will include providing us with documents and information included in our comprehensive request list provided at the start of the audit process, answering operational and procedural type questions, and preparing confirmation letters.
Why hire VLF?
Based on our experience, our approach to the City' s audit is unlike other audit firms. The significant involvement of the Audit Partners throughout the audit process helps to achieve highly efficient and effective audits. We customize each audit, each year, and believe our approach will help the City in its efforts to achieve excellence in financial reporting and provide excellent service to the citizens of Highland.
Your City will be top priority for our firm, and you will have access to the Audit Partners on a daily basis. While we are a growing audit firm, we only take on audits when we feel that we can continue to provide this high level of service. In addition, the Audit Partner in charge of the City' s audit is a Certified Fraud Examiner, providing a level of service unlike most audit firms.
Anticipated Potential Audit Problems
We do not anticipate any unusual, significant problems in conducting the audit. The Partners and all professional staff have significant training and experience in assisting our clients with the implementation of new GASB pronouncements. We will provide a pro -active approach to ensure the City has taken the necessary steps to effectively implement new standards. We are committed to being available throughout the year to provide assistance, answer questions, and offer technical advice and examples.
17 -22-
APPENDIX A
-23-
SPAF FORDANDLAN D RYCPA\
HERE TO MAKE THE COMP! EX' IMP1 E.
Report on the Firm' s System of Quality Control
Patrick D. Spafford, CPA
Todd C. Landry, CPA
To Van Lant & Fankhanel. 1. 1. 1)
and the Peer Review Committee of the California Society of CPAs We have reviewed the system of quality control for the accounting and auditing practice of Van Lant & Fankhanel. LLP ( the firm) in effect for the year ended February 29. 2020. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Re% iews established by the Peer Review Board of the American institute of Certified Puhlic Accountants ( Standards).
A summary of the nature. objectives, scope. limitations of. and the procedures performed in a System Review as described in the Standards may he found at www.aicpa. org/ prsummary. The summary also includes an explanation of how engagements identified as not performed or reported in conformity, with applicable professional standards, if any. are evaluated by a peer reviewer to determine a peer review rating.
Firm' s Responsibility
The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of perforating and reporting in conformity with applicable professional standards in all material respects. The fine is also responsible for evaluating actions to promptly remediate engagements deemed as not performed or reported in conformity with professional standards, when appropriate. and for remediating weaknesses in its system of quality control. if any.
Peer Reviewer' s Responsibility
Our responsibility. is to express an opinion on the design of the system of (" oakcontrol and the tirn' s compliance therewith based on our review. Req
aired Selections and Considerations Engagements
selected for review included engagements performed under Government Auditing Strnidards. including compliance audits under the Single Audit Act. As a part of our peer review. we considered reviews by regulatory entities as communicated by the firm. if applicable. indetermining thenature and extent of our procedures. Red lands Blvd., t 1 1 n 1: ( a ' r;
-24-
Opinion
In our opinion, the system of quality control for the accounting and auditing practice of Van Lant & Fankhanel, LLP in effect for the year ended February 29, 2020, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Finns can receive a rating of pass, pass with deficiency ( ies) orfoil. Van Lant & Fankhanel, LLP has received a peer review rating of pass.
July 14, 2020
2-
4tnel
-25-
Attachment # 2
Cost Summary of all firms who participated in RFP
-26-
-27-
2022 Auditing Services RFP Costs Summary
Subcommittee
Rank 2021/ 2022 2022/ 2023 2023/ 2024 2024/ 2025 2025/ 2026 1 Van Lant & Fankhanel 32, 400 32, 400 33, 300 33, 300 34, 200 2 Rodgers Anderson Malody & Scott 39, 425 39, 425 41, 165 41, 165 42, 705 3 Lopez & Gruber 32, 000 32, 640 33, 292 33, 958 34, 637 -28-
Attachment # 3
Proposed auditing contract with Van Lant & Fankhanel, LLP -29-
AGREEMENT FOR AUDITING SERVICES
This Agreement for Auditing Services (" Agreement") is made and entered into on this 12th day of April 2022 (" Effective Date") by and between the City of Highland, a municipal corporation ( hereinafter referred to as " CITY") and Van Lant & Fankhanel, LLP, a California limited liability partnership ( hereinafter referred to as " AUDITORS").
WITNESSETH
WHEREAS, AUDITORS are recognized as competent and qualified certified public accountants that were previously selected by the City Council through competitive procedures, and are duly authorized to practice and licensed as such by the California State Board of Accountancy.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the Effective Date through the date of completion and acceptance by City of all required reports for the fiscal years ending June 30, 2022, through 2026, unless sooner terminated pursuant to Section .
2. SCOPE OF SERVICES. The AUDITORS agree to provide services and perform all work necessary in a manner satisfactory to the CITY as set forth in Appendix A attached hereto and by reference incorporated herein and made a part hereof.
3. CITY'S OBLIGATIONS. For furnishing services specified in this Agreement, the CITY will pay, and the AUDITORS shall receive the full compensation as set forth in Appendix A, attached hereto and by reference incorporated herein and made a part hereof. Additionally, CITY agrees to provide AUDITORS with supporting schedules, trial balances and reconciliations as necessary to complete the services requested.
4. PAYMENT SCHEDULE. The AUDITORS shall submit a monthly billing based on the percentage of audit work completed. After approval of the CITY' s Director of Administrative Services, said invoice shall be paid within 30 days.
5. NOT OBLIGATED TO THIRD PARTIES. The CITY shall not be obligated or liable hereunder to any party other than the AUDITORS.
6. ASSIGNMENT. No assignment of the Agreement or any part of obligation of performance hereunder shall be made, either in whole or in part by AUDITORS, without the prior written consent of CITY.
7 INDEPENDENT CONTRACTOR. The parties hereto agree that AUDITORS and its employees, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of the CITY. AUDITORS shall have no power to incur any debt, obligation, or liability on behalf of City. Neither CITY nor any of its agents shall have control over the conduct of AUDITORS or any of AUDITORS' employees, except as set forth in this -30-
Agreement. AUDITORS shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.
AUDITORS shall pay all required taxes on amounts paid to AUDITORS under this Agreement, and indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. Auditor shall fully comply with the workers' compensation laws regarding AUDITORS and AUDITORS' employees. AUDITORS shall indemnify and hold CITY harmless from any failure of Auditor to comply with applicable workers' compensation laws. CITY may offset against the amount of any fees due to Auditor under this Agreement any amount due to CITY from AUDITOR as a result of AUDITORS' failure to promptly pay to CITY any reimbursement or indemnification arising under this Section 7.
8. INSURANCE. AUDITORS shall procure and maintain, at its cost at all times during the term of this Agreement, the following policies of insurance. a) Workers' Compensation Insurance. Before beginning work, AUDITORS shall furnish to CITY a certificate of insurance as proof it has taken out full workers' compensation insurance for all persons who it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California.
b) Public Liability and Property Damage. Throughout the term of this Agreement, at AUDITORS' sole cost and expense, AUDITORS shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and AUDITORS, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death or property damage arising from AUDITORS' activities, providing protection of at least one million dollars ($ 1, 000, 000) for bodily injury or death to any one person or for any one accident or occurrence and at least one million dollars ($ 1, 000, 000) for property damage.
c) Errors and Omissions. AUDITORS shall take out and maintain at all times during the life of this Agreement a policy or policies of insurance concerning errors and omissions (" malpractice") providing protection of at least one million dollars ($ 1, 000, 000) for errors and omissions with respect to loss arising from actions of AUDITORS performing audit services hereunder on behalf of CITY.
d) General Insurance Requirements. All insurance required by express provisions of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8. ( a) and ( b) shall add the CITY, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of the AUDITORS; and with respect to liability arising out of work or operations performed by or on behalf of the AUDITORS including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the AUDITORS' insurance, or as a separate owner' s policy. For any claims related to this project, the AUDITORS' -31-
insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the CITY, its officers, officials, employees, or volunteers shall be in excess of the AUDITORS' insurance and shall not contribute to it. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancellable by either party, except after thirty ( 30) days prior written notice by certified mail, return receipt requested, has been given to the CITY. AUDITORS shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate( s) evidencing the insurance. AUDITORS may affect for its own account insurance not required under this Agreement.
9. NOTICES AND DESIGNATED REPRESENTATIVES. Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 9. The below named individuals, furthermore, shall be the persons primarily responsible for the performance by the parties under this Agreement:
CITY AUDITORS
Joseph A. Hughes, City Manager
City of Highland
27215 E. Base Line
Highland, California 92346
Brett Van Lant, Partner
Van Lant & Fankhanel, LLP
29970 Technology Drive,
Suite 105 A
Murrieta, California 92563
Any change in this designation shall be made known to AUDITORS by written notice. AUDITORS shall assign Greg W. Fankhanel as the " Engagement Partner" for services provided under this Agreement. Any change in this designation shall be made known to CITY by written notice.
Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty- eight ( 48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above.
10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, surveys, copies and reports other than working papers obtained and/ or prepared by AUDITORS pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by AUDITORS, such reports and other identified materials shall be delivered to CITY by AUDITORS. AUDITORS may, however, make and retain such copies of said reports and materials as AUDITORS may desire. Working papers shall be maintained for a minimum of three years and made available to CITY for review upon written, reasonable request by CITY or other governmental agencies furnishing federal funding to the CITY.
11. TERMINATION. This Agreement may be terminated by CITY upon the giving of a written " Notice of Termination" to AUDITORS at least thirty ( 30) days prior to the date of termination specified in said notice. In the event this Agreement is so terminated, AUDITORS shall be compensated at AUDITORS' applicable hourly rates as set forth in Appendix A, on a prorata basis with respect to the percentage of the engagement completed as of the date of termination. In no event, however, shall AUDITORS receive more than the maximum specified in Appendix A to this -32-
Agreement. AUDITORS shall provide to CITY any and all documents, data, studies, surveys, copies and reports other than working papers, whether in draft or final form, prepared by AUDITORS as of the date of termination. Working papers shall be made available to CITY for review upon a written, reasonable request by CITY. AUDITORS may not terminate this Agreement except for cause.
12. ENTIRE AGREEMENT. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement or promise not contained in this Agreement shall be valid and binding. Any modification to this Agreement shall be effective only if it is in writing signed by all parties.
13. HOLD HARMLESS. AUDITORS shall indemnify and hold harmless CITY and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses arising directly as a result of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the AUDITORS, any subcontractor, anyone directly or indirectly employed by AUDITORS or anyone for whose acts they may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.
14. DRUG FREE WORKPLACE POLICY FOR AUDITORS.
A. AUDITORS hereby certify that it will provide a drug -free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in AUDITOR' s workplace, specifically the job site of location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition;
2. Establishing a Drug -Free Awareness Program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. AUDITOR' S policy of maintaining a drug -free workplace; c. Any available drug counseling, rehabilitation and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
3. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by Subparagraph A. 1.
4. Notifying the employee in the statement required by Subparagraph A. 1 that, as a condition of employment under the contract, the employee will:
-33-
a. Abide by the terms of the statement; and
b. Notify the employer of any criminal drug stature conviction for a violation occurring in the workplace no later than five ( 5) days after such conviction.
5 Notifying the City of Highland within ten ( 10) days after receiving notice under Subparagraph 4. b.
6. Taking one of the following actions within thirty ( 30) days of receiving notice under Subparagraph 4. b with respect to an employee who is so convicted:
a. Taking appropriate personnel action against such an
employee, up to and including termination; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance pr rehabilitation program approved for such purposes by a Federal, State of local health agency, law enforcement, or other appropriate agency.
7 Making a good faith effort to maintain a drug -free workplace through implementation of Subparagraph 1 through 6, inclusive.
B. AUDITORS shall be deemed to be in violation of this policy if the City of Highland determines that:
1. AUDITORS have made a false certification under Subparagraph A above;
2. AUDITORS have violated the certification by failing to carry out the requirements of Subparagraph A. 1 through A. 7 above;
3. Such number of employees of AUDITORS has been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the AUDITORS have failed to make a good faith effort to provide a drug -free workplace.
C. Should the AUDITORS be deemed to be in violation of this Policy pursuant to the provisions of B. 1, 2, and 3, a suspension, termination or debarment to proceeding subject to a Federal, State, or local laws shall be conducted.
Upon issuance of any final decision under this section requiring debarment of the AUDITORS shall be ineligible for award of any contract, agreement or grant from the City of Highland for a period specified in the decision, not to exceed five ( 5) years. Upon issuance of any final decision recommending against debarment of the AUDITORS, the AUDITORS shall be eligible for compensation as provided by law.
15. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT.
AUDITORS warrant that it is in compliance with the Americans with Disabilities Act Public Law 101- 336) and that it will, in carrying out the requirements of this contract, comply in all respects with the provisions of the Act and its implementing regulations.
-34-
16. CONFLICT OF INTEREST. AUDITORS and their officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to AUDITORS' performance of services under this Agreement including, but not limited to, the Political Reform Act ( Cal. Gov. Code 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, AUDITORS may perform similar services for other clients, but AUDITORS and their officers, employees, associates and subconsultants shall not, without the CITY Manager' s prior written approval, perform work for another person or entity for whom AUDITORS is not currently performing work that would require AUDITORS or one of their officers, employees, associates or subonsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. AUDITORS shall incorporate a clause substantially similar to this Section 16 into any subcontract that AUDITORS executes in connection with the performance of this Agreement.
17. The contractor shall strictly comply with all federal, state and local laws and regulations, including, but not limited to the Immigration Reform and Control Act of 1986, codified at 8 U. S. C. §§ 1324a and 1324b ( the " IRCA"), which require and ensure the hiring and retention of employees who are United States citizens, permanent residents and/ or who are otherwise authorized by law to work in the United States of America, and, as required by the IRCA, shall affirmatively verify the identity and employment authorization of every employee as a condition of employment or continued employment. The contractor shall further include this requirement in any subcontract made pursuant to this contract.
18. NON -WAIVER OF TERMS, RIGHTS AND REMEDIES. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by CITY of any payment to AUDITORS constitute or be construed as a waiver by CITY of any breach of covenant, or any default that may then exist on the part of AUDITORS, and the making of any such payment by CITY shall in no way impair or prejudice any right or remedy available to CITY with regard to such breach or default.
19. NON DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Agreement, Auditor shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Auditor shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
20. CONFIDENTIALITY. All data, documents, discussion or other information collectively, " data") developed or received by AUDITORS or provided for performance of this Agreement are deemed confidential. AUDITORS shall keep all data confidential and shall not disclose any data to any person or entity without CITY' S prior written consent. CITY shall grant such consent if disclosure is legally required. AUDITORS shall return all data shall to CITY upon the expiration or termination of this Agreement. AUDITORS' covenant under this Section 20 shall survive the expiration or termination of this Agreement. -35-
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above.
CITY OF HIGHLAND VAN LANT & FANKHANEL, LLP
Joseph A. Hughes, City Manager Brett Van Lant, Partner
ATTEST:
Betty Hughes, City Clerk
APPROVED AS TO FORM:
Maricela E. Marroquin, City Attorney
APPROVED BY THE CITY COUNCIL
Minute Order:
Date:
-36-
Appendix A
AGREEMENT FOR AUDITING SERVICES
CITY OF HIGHLAND
Auditors agree to perform all audits in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards. The Single Audit Examination will be conducted in accordance with OMB Circular A- 133. The following is a summary of the breakdown of the maximum fee ( including out- of-pocket expenses) for the years ended June 30, 2022- 2026.
Maximum Not -to -Exceed Fee
Year Ending June 30
2022 2023 2024 2025 2026
Audit of the City of Highland ( including
preparation and word processing of ACFR,
ongoing GASB # 34 audit procedures, A- 133
Single Audit and Gann limit review
procedures) $ 32, 400 32 400 33, 300 33, 300 34, 200
The foregoing not -to -exceed amounts include all out-of-pocket expenses. The above fees contemplate the city staff providing auditors with maximum cooperation and supporting schedules to complete the audit. City staff would have the responsibility for preparation of Management' s Discussion and Analysis ( MD& A), letter of transmittal and statistical data. All other reports will be the responsibility of the auditors. All fieldwork and draft reports will be completed by November 1 of each year and all reports finalized by December 1 of each year.
Should the City desire additional services, those would be performed at the following hourly rates for 2022- 2026 ( including expenses).
Hourly Rates — Years Ended June 30
Classification 2022 2023 2024 2025 2026
Partners $ 190 190 200 200 210
Manager 160 160 170 170 180
Senior Accountant 130 130 140 140 150
Staff Accountant 100 100 100 100 100
-37-
DATE:
FROM:
PREPARED BY:
STAFF REPORT
TO THE CITY COUNCIL
April 12, 2022
Joseph A. Hughes, City Manager
Lawrence A. Mainez, Community Development Director,,b1
SUBJECT: iWorQ Enterprise Service Agreement for Construction and Land Use Permitting Software Upgrades ( City Council Work Program 2021/ 2022 — HP+)
RECOMMENDATION: Staff recommends the City Council authorize the Mayor to approve the subject Service Agreement, and approve the following budget adjustment for FY 2022- 2023: $ 81, 602 to be expended from 027- 8490-4255 ( Misc. Grants -Software Support) & 81, 602 to be received in 027- 8490- 9210 ( Misc. Grants - State Grants).
FISCAL IMPACT: Due to the fact that the City of Highland has been a client of iWorQ systems since 2001 utilizing their Basic Service Package for the City' s Building & Safety permits, Code Enforcement case tracking, Planning application tracking, and Public Works special projects, iWorQ waived their upgrade implementation and setup fees in the amount of 78, 900. 00. In addition to the other discounts totaling approximately $ 60, 490. 00, the overall preferred client discount offered by iWorQ is approximately $ 139, 390. 00.
The iWorQ Enterprise Service Agreement is for an initial three ( 3) years and can be cancelled or modified thereafter with a sixty (60) day notice. The cost of the three ( 3) year license and maintenance agreement is approximately $244, 806. 00.
The current budget for related permitting software is $ 23, 800.00 for FY 2022- 2023. Adding the iWorQ Enterprise Services will increase the related budgets by a total of $57, 802. 00 81, 602. 00 - $ 23, 800. 00 = $ 57, 802. 00).
Applying the $ 150, 000. 00 State Local Early Action Program ( LEAP) Grant awarded in February 2021, the full $ 81, 602. 00 annual license and maintenance will be reimbursed in FY 2022- 2023 ( 1st year), and $ 68, 395. 00 will be reimbursed in FY 2023- 2024 ( 2nd year) leaving 13, 204. 00 to be paid out of the General Fund.
Approved Motion Second Agenda Item No.
Denied Ayes
Continued Noes File No.
Tabled Abstain
Absent
qL
City Clerk City Manager
-1-
City Council meeting
April 12, 2022
iWorQ Enterprise Service Agreement
In FY 2024- 2025 ( 3rd year and beyond) the annual license and maintenance will revert back to $ 81, 602. 00 per year unless the service is cancelled or modified. See Attachment 1 for a more detailed breakdown of the permitting software budget, costs, and differences relative to the proposed software upgrades and how staff is proposing to offset those cost with the State' s LEAP Grant.
PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website. No further noticing required.
BACKGROUND: On June 23, 2020, the City Council adopted Resolution No. 2020- 039 authorizing staff to submit a LEAP Grant Application in the amount of $150, 000. 00. The Grant funds will be used to improve the processing of housing development by updating the City' s permit management software with a multi -department integratable platform that will streamline the processing of land use entitlements and building permits for housing development.
On August 20, 2020, the California Department of Housing and Community Development HCD) notified the City that its application was tentatively approved for funding.
On February 16, 2021, the City's grant agreement was officially approved by HCD, and set to expire on June 30, 2024.
On November 29, 2021, in accordance with the City' s LEAP Grant proposal, staff produced a detailed Needs Assessment and Request for Proposals ( RFPs) which were distributed to fourteen ( 14) interested software companies. The City received four (4) responses which were narrowed down to three ( 3) due to experience and responsiveness to the City' s RFP.
On February 2, 2022, interviews were conducted with the software firms. Representatives from each City Department and Division participated in the interview process.
During the months of February and March, staff meet virtually during a handful of times with iWorQ to learn more about their Enterprise Service Package, and they provided demonstrations with various City Departments.
iWorQ SERVICE UPGRADE SUMMARY:
iWorQ has been providing Community Development and Public Works software services for over 20 years. In 2001, iWorQ became the first in their industry to offer a completely web - based software and has since transformed thousands of government agencies across the United States and Canada.
Since 2011, iWorQ has been providing their basic permitting and tracking services to the City of Highland Building & Safety Division, Planning Division, Code Enforcement, and Public Works Division in good standing.
-2-
City Council meeting
April 12, 2022
iWorQ Enterprise Service Agreement
In response to the City' s desire to upgrade and enhance its construction permitting services as part of its High Priority City Council Work Program for 2021- 2022), iWorQ introduced their new "Enterprise Package" which will address most of the City' s permitting software needs as outlined in the RFP/ Needs Assessment. However, the iWorQ Enterprise system will not replace the City' s cashiering system currently used by the Finance Department at the City Hall public counter.
iWorQ added services include, Public Works/ Public Service Permits, License Management business licensing), Financial Exports, Large File Uploads, Online Application Submittals, Fire Marshal Permits, and Pavement Management ( included within the Public Works Management Package). In addition to the construction related permitting services, iWorQ will provide permit modules for Animal Licensing Management ( dog licensing) and Yard Sales and RV Parking permit services.
The Enterprise Package upgrade specifically adds the iWorQ Portal Home, Payment Processing, Rest Services, increased data limit, and a unique tracking feature only available to Highland as described further below.
1. The Portal Home feature enables the public remote access. Contractors will now be able to submit applications online, request inspections, and check the status of their permits. The general public can view permits, and submit permit applications, and track the status on- line. The portal is web -based ( to be featured on the City' s webpage) and hosted on the secure AWS GovCloud, enabling the public to complete tasks with confidence on any device with an internet connection. The Portal Home feature facilitates secure online payments via a trusted third -party payment processor. The iWorQ payment processes allow the public to make permit and license payments anytime in the process however, staff is recommending payments be submitted after the Applications are reviewed and approved by the City). Whether a form is just being submitted or after it' s accepted by the City, processing payments is made simple.
2. The Rest Services feature connects the City' s GIS mapping service ( currently GovClarity) and unique Ds to create a link for real- time updates in the iWorQ system. When the City makes updates to its GIS, the same changes in iWorQ are made automatically. This is a visualization feature that highlights specific information on a map, such as open and completed work orders, code enforcement information tied to certain files, and much more. Basically, the new feature allows City staff to view jobs/tasks/ inspections on a map and will save time from going back and forth to complete multiple jobs/tasks/ inspections in the same area of the city.
-3-
City Council meeting
April 12, 2022
iWorQ Enterprise Service Agreement
3. iWorQ will also develop a new " Holding" or " Permitting Workflow" function at Highland' s request to ensure permits or a license are quickly and efficiently routed through appropriate City Divisions without the need for extra forms or paperwork. This feature will reduce the potential for lost transmittal forms or unnecessary delays typically associated with paper routing processes. In other words, the new feature will link all participating Division Modules so a subject permit or license can be assigned and monitored by everyone in real time. If a significant issue arises during the review process, an assignee can place a hold on the permit and email the applicant comments during the review time and not wait until the end of the process - which currently delays the release of a permit or license. Sending an applicant collective comments in real time as the permit makes its way through the review process will save a significant amount of time for homeowner, contractors, and developers. This will not eliminate the standard paper in -box, but it should reduce the existing paperwork by 50% and increase productivity, accountability, and transparency for the City' s development review process.
iWorQ is a web -based system which can be viewed on a mobile phone, tablet, or computer. iWorQ adjusts to any screen and can be accessed on any device with an internet connection.
Unlimited free training and support is another valuable service offered to the City.
As a result of iWorQ good standing with the City and their latest Enterprise Package upgrade features which address the City' s permitting needs, it is staff' s recommendation the City Council approve the attached iWorQ Service Agreement ( see Attachment 2).
Attachment: 1 Budget Analysis Tables:
A — iWorQ Updates and Annual Impacts to Associated Budgets B — 3 Year Service Agreement Impact with LEAP Grant Applied
2. iWorQ Service Agreement for iWorQ applications and services -4-
ATTACHMENT 1
-5-
TABLE A
iWorQ Software Update and Impacts to Associated Budget ( cancelation of Hdl and updates to iWorQ) Department/ Division:
Budget: Cost: Difference:
2022- 2023
Finance *
Animal Licensing ( Hdl to iWorQ)
Business License ( Hdl to IWorQ)
Engineering*
Yard Sales*
Planning ( iWorQ update)
Public Services*
Public Works ( iWorQ update)
Building & Safety ( iWorQ update)
Code Enforcement ( iWorQ update)
Fire Marshal*
Totals:
4, 100. 00 $
5, 000. 00 $
3, 200. 00 $
5, 300. 00 $
3, 200. 00 $
3, 000. 00 $
23, 800. 00 $
5, 437. 50
5, 937. 50
17, 437. 50
9, 437. 50
5, 937. 50
7, 377. 16
7, 544. 00
5, 300. 00
7, 377. 16
6, 377. 16
3, 437. 50
81, 600. 48
5, 437. 50
1, 837. 50
12, 437. 50
9, 437. 50
5, 937. 50
4, 177. 16
7, 544. 00
4, 177. 16
3, 377. 16
3, 437. 50
57, 800. 48
not currently budgeted.
TABLE B
3 year Service Agreement Impact with $ 150, 000 LEAP Grant Applied FY 2022- 2023
FY 2023- 2024
FY 2024- 2025
Totals:
Grant City Total
81, 600. 48 $ - $ 81, 600.48
68, 399. 52 $ 13, 200. 96 $ 81, 600. 48
81, 600. 48 $ 81, 600. 48
150, 000. 00 $ 94, 801. 44 $ 244, 801. 44
-6-
ATTACHMENT 2
-7-
www.iworq. com iWor,.
IWORQ SERVICE AGREEMENT
For iWorQ applications and services
City of Highland, a California municipal corporation hereafter known as (" Customer"), enters into THIS SERVICE AGREEMENT (" Agreement") with iWorQ Systems Inc. (" iWorQ") with its principal place of business 1.1.25 West 40o North, Suite 102, Logan, Utah 84321.
1. SOFTWARE AS A SERVICE ( SaaS) TERMS OF ACCESS:
iWorQ grants Customer a non- exclusive, non -transferable limited access to use iWorQ service( s) and application( s) on iWorQ' s authorized website for the fee( s) and terms listed in Appendix A. This Agreement will govern all application( s) and service( s) listed in the Appendix A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.
2. COMPENSATION:
As full compensation for iWorQ' s services provided under this Agreement, Customer shall pay iWorQ the total flat sum of eighty-one thousand six hundred two Dollars ($81, 602) ( the maximum compensation"), as set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void. The amount set forth herein shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
Customer shall not allow any claims for additional services performed by iWorQ, unless the Highland City Council or the Customer representative authorize the additional services in writing prior to iWorQ' s performance of the additional services or incurrence of additional expenses.
3. CUSTOMER RESPONSIBILITY:
Customer acknowledges that they are receiving only a limited subscription to use the application( s), service( s), and related documentation, if any, and shall obtain no titles, ownership nor any rights in or to the application( s), service( s), and related documentation, all of which title and rights shall remain with iWorQ. Customer shall not permit any user to reproduce, copy, or reverse engineer any of the application( s), service( s) and related documentation.
iWorQ is not responsible for the content entered into iWorQ' s database or uploaded as a document or image. Access to iWorQ cannot be used to record personal or confidential iWorQ Systems, P. O. Box 3784, Logan, Utah, 84323
-8-
www. iworq. com Nor
information such as driver license numbers, social security numbers, financial data, credit card information or upload any images or documents considered personal or confidential.
4. TRAINING AND IMPLEMENTATION:
Customer agrees to provide the time, resources, and personnel to implement iWorQ' s service( s) and application( s). iWorQ will assign a senior account manager and an account management team to implement service( s) and application( s). Typical implementation will take less than 6o days. iWorQ account managers will call twice per week, provide remote training once per week, and send weekly summary emails to the customer implementation team. iWorQ can provide project management and implementation documents upon request. iWorQ will do ONE import of the Customer' s data. This import consists of importing data, sent by the Customer, in an electronic relational database format.
Customer must have clear ownership of all forms, letters, inspections, checklists, and data sent to iWorQ.
Data upload and storage is provided to every Customer. This includes uploading files up to 3MB and io GB of managed data storage on AWS GovCloud. Additional upload file sizes and managed data storage sizes can be provided based on the application( s) and service( s) listed in Appendix A.
5. CUSTOMER SUPPORT:
Customer support and training are FREE and available Monday -Friday, from 6: oo A.M. to 5: 0o P.M.
MST, for any authorized user with a login. iWorQ provides unlimited remote Customer training through webinars), phone support, help files, and documentation. Basic support request is typically handled the same day. iWorQ provides " Service NOT Software".
6. BILLING:
iWorQ will invoice Customer on an annual basis. iWorQ will send invoice by mail and by email to the address( s) listed in Appendix A. The Customer will pay undisputed invoice within 3o days of the receipt of the invoice. Any billing changes will require that a new Service( s) Agreement be signed by Customer.
Any additional costs imposed by the Customer including business licenses, fees, or taxes will be added to the Customer' s invoice yearly.
7. TERMINATION:
Either party may terminate this agreement, after the initial 3- YEAR TERM, without cause if the terminating party gives the other party sixty (6o) days written notice. Should a party terminate with cause, the party will give other party reasonable time to correct the cause and iWorQ Systems, P. O. Box 3784, Logan, Utah, 84323
-9-
www. iworq. com iWor
if parties are unable to resolve cause during that reasonable time the party will give the other party sixty ( 6o) days written termination notice. Should Customer terminate any application( s) and or service( s) the remaining balance will immediately become due. Should Customer terminate any part of the application(s) and or service( s) a new Service( s) Agreement will need to be signed.
Upon termination iWorQ will discontinue all application( s) and or service( s) under this Agreement; iWorQ will provide customer with an electronic copy of all of Customer' s data SQL, CSV, PDF), if requested by the Customer ( within 3- 5 business days).
During the term of the Agreement, the Customer may request a copy of all of Customer' s data for a cost of no more than $2,500; and all provisions of this Agreement will continue.
8. ACCEPTABLE USE:
Customer represents and warrants that the application( s) and service( s) will only be used for lawful purposes, in a manner allowed by law, and in accordance with reasonable operating rules, and policies, terms and procedures. iWorQ may restrict access to users upon misuse of application( s) and service( s).
9. PARTY REPRESENTATIVES:
For the purposes of this Agreement, the Customer Representative shall be the City Manager, or such other person designated in writing by the City Manager (the " City Representative").
For the purposes of this Agreement, iWorQ' s Representative shall be Garyn Perrett, Manager iWorQ Representative"). The iWorQ Representative shall directly manage iWorQ' s services under this Agreement. iWorQ shall not change the iWorQ Representative without Customer' s prior written consent.
io. INDEPENDENT CONTRACTOR:
iWorQ is, and shall at all times remain as to Customer, a wholly independent contractor and not an employee of Customer. The personnel performing the services under this Agreement on behalf of iWorQ shall also not be employees of Customer and shall at all times be under iWorQ' s exclusive direction and control. iWorQ shall have no power to incur any debt, obligation, or liability on behalf of Customer. Neither Customer nor any of its agents shall have control over the conduct of iWorQ or any of iWorQ' s employees, except as set forth in this Agreement. iWorQ shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of Customer. iWorQ and iWorQ' s personnel shall not supervise any of Customer' s employees; and Customer' s employees shall not supervise iWorQ' s personnel. iWorQ shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as iWorQ' s personnel require to perform any of the services required by this Agreement. iWorQ shall perform the services off of iWorQ Systems, P. O. Box 3784, Logan, Utah, 84323
-10-
www.iworq. com NorE
Customer' s premises at locations of iWorQ' s choice, except as otherwise may from time to time be necessary in order for iWorQ' s personnel to receive projects from Customer, pick up or deliver any work product related to iWorQ' s performance of the services under this Agreement, or as may be necessary to inspect or visit Customer' s location and/ or private property to perform the services.
No employee benefits shall be available to iWorQ in connection with the performance of this Agreement. Except for the fees paid to iWorQ as provided in the Agreement, Customer shall not pay salaries, wages, or other compensation to iWorQ for performing services hereunder for Customer. Customer shall not be liable for compensation or indemnification to iWorQ for injury or sickness arising out of performing services hereunder. iWorQ shall be responsible for and pay all wages, salaries, benefits and other amounts due to iWorQ' s personnel in connection with their performance of the services under this Agreement and as required by law. iWorQ shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, iWorQ and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by Customer, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (" PERS") as an employee of Customer, and entitlement to any contribution to be paid by Customer for employer contributions or employee contributions for PERS benefits.
iWorQ shall indemnify and hold harmless Customer and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of Customer officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to iWorQ' s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section io. In addition to all other remedies available under law, Customer shall have the right to offset against the amount of any fees due to iWorQ under this Agreement any amount due to Customer from iWorQ as a result of iWorQ' s failure to promptly pay to Customer any reimbursement or indemnification arising under this Section
6. This duty of indemnification is in addition to iWorQ' s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
The total sum of all expenses arising from indemnification cannot exceed the value of this agreement ($ 81, 6o2. 00).
iWorQ Systems, P. O. Box 3784, Logan, Utah, 84323
-11-
www.iworq. com iWor:, E
ii. NOTICES:
Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: ( a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during iWorQ' s and Customer' s regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to Customer:
Attn: Lawrence Mainez
City of Highland
27215 Base Line
Highland, California 92436
12. MISCELLANEOUS PROVISIONS:
If to iWorQ:
Attention: Garyn Perrett
iWorQ Systems
1125 West 40o North, Suite 102
Logan, Utah 84321
This Agreement will be governed by and construed in accordance with the laws of the State of Utah.
13. CUSTOMER IMPLEMENTATION INFORMATION:
Primary Implementation Contact Lawrence Mainez Title Community Development Director Office Phone 9o9- 864- 6861 Cell 9o9- 838- 0677
Email lmainez@cityofhighland. org
Secondary Implementation Contact Shawn Kasner Title Administrative Services Manager Office Phone 909- 864- 686i
Email skasnerna cityofhighland. org
14. CUSTOMER BILLING INFORMATION:
Billing Contact Chuck Dantuono Title Director of Administrative Services/ City Treasurer Billing Address: 27215 Base Line, Highland, CA 92346
Office Phone 9o9- 864- 6861
Email cdantuonona cityofhighland. org
iWorQ Systems, P. O. Box 3784, Logan, Utah, 84323
-12-
www.iworq. com iWor:c.`
PO# ( if required) Tax Exempt ID #
15. ACCEPTANCE:
The effective date of this Agreement is listed below. Authorized representative of Customer and iWorQ have read the Agreement and agree and accept all the terms.
Signature Effective Date:
Printed Name Larry McCallon
Title Mayor
iWorQ Systems, P. O. Box 3784, Logan, Utah, 84323
-13-
www.iworq. com Nor
iWorQ Service( s) Agreement
APPENDIX A
iWorQ Systems, P. O. Box 3784, Logan, Utah, 84323
-14-
www.iworq. com War
iWorQ Price Proposal
Highland, CA Population- 55, 049
27215 Base Line
Highland, CA 92346
Prepared by: Brady Hunsaker
Annual Subscription Fees
Application( s) and Service( s) Package Price Billin:
Community Development (Enterprise Package) - C/ BS/ PL
Permit Management
Code Enforcement
Portal Home
Quarterly upload of parcel information to iWorQ' s GIS Map Track contractors, inspections, property information
Track code violations, fees, and activities
Unlimited reports and ad -hoc reporting
Unlimited letters and documents configured through iWorQ' s template library and 3 custom letters
3 custom forms for Portal Home
Premium Data ( 25MB Uploads & 100GB Storage)
Online credit/ debit card processing integrated with iWorQ.
GIS REST Services - iWorQ will publish your agency' s WMS layers in iWorQ Community Development applications. iWorQ will update parcel information monthly from the published service.
Note: If GIS configurations change ( FTP location, name format, field changes, etc.) iWorQ will charge a minimum $ 500 fee to accommodate new configuration adjustments ( subject to additional hourly charges)
S200- A10 $ 16, 095. 00 Annual
License Management — BUS. LIC.
Available on any computer, tablet, or mobile device using Chrome browser
Licensing for business, alcohol, liquor, etc.
Free letters and / or permits utilizing iWorQ's template library, and up to 3 custom letters.
Reminder letter generation
5254100O0 $ 16, 000. 00 Annual
Entity Management — Animals — DOG LIC.
Available on any computer, tablet, or mobile device using Chrome browser
Track licenses and renewals
Free letters and / or permits utilizing iWorQ' s template library, 4-04400. 80 $ 4, 500. 00 Annual
iWorQ Systems, P. O. Box 3784, Logan, Utah, 84323
-15-
www.iworq. com iWor
and up to 3 custom letters.
Reminder letter generation
Financial Export — FIN.
Financial Export — iWorQ will export financial payments or monies received into the iWorQ system on a nightly basis to an FTP site maintained by customer.
Any refunds or adjustments would be done manually as part of a reconciliation process.
4,000. 00 Annual
Large File Upload — Custom — CBS/PL
Increases upload size capabilities to the amount listed under item III below.
1, 500. 00 Annual
Additional Forms — C/ BS/ PL
Adds additional forms to the account equal to the amount listed under item III in the notes section below
100. 00 Annual
Premium Data ( Custom) - BS
Base of 25MB upload size and a custom total of data storage detailed below under note III.
1, 000. 00 Annual
Entity Management - Fire
Available on any computer, tablet, or mobile device using Chrome browser
Track business, inspections, and fees.
Free letters and / or permits utilizing iWorQ' s template library, and up to 3 custom letters.
Reminder letter generation
2, 000. 00 Annual
Permit Management - Planning and Zoning
Available on any computer, tablet, or mobile device using Chrome browser
OpenStreetMap
Manage appeals, variances, plat applications, conditional use permits, etc.
Fee payments
Reporting
Quarterly parcel upload
Free forms, letters, and / or permits utilizing iWorQ' s template library, and up to 3 custom letters / forms.
8-50A0 00 $ 1, 000. 00 Annual
Citizen Engagement — Public Reports - ALL
Citizen request tracking
Web form/ link for city website
Robust reporting capabilities
000: 00 $ 500. 00 Annual
Public Works Package ( Basic) - PS
Package includes:
Work Management
Sign Management
Pavement Management
Available on any computer, tablet, or mobile device using Chrome browser
S24, 020. 00 $ 8, 807. 00 Annual
iWorQ Systems, P. O. Box 3784, Logan, Utah, 84323
-16-
www. iworq. com iWorLt_
Track and manage work by location using OpenStreetMap
Work order scheduling and templates
Track inventory, parts, material
Sign and Pavement Management with OpenStreetMap
Quarterly GIS Updates
Capital Asset - Stormwater Management - PS
Available on any computer, tablet, or mobile device using Chrome browser
Track maintenance history for MS4 compliance
OpenStreetMap with point and line layers
Track conditions and descriptions
Configurable dashboard, fields, and reports
2, 600. 00 Annual
Permit Management — Yard Sales and Parking Permits - FIN Available on any computer, tablet, or mobile device using Chrome browser
OpenStreetMap
Track your contractors and their licensing
Quarterly parcel upload
Free forms, letters, and / or permits utilizing iWorQ' s template library, and up to 3 custom letters / forms.
008d30 $ 4, 500. 00 Annual
Custom Programming - ALL
iWorQ will develop a " holding" function on properties so that projects on property may not proceed.
11, 000. 00 Annual
Permit Management - Public Works Permits - ENG
Available on any computer, tablet, or mobile device using Chrome browser
OpenStreetMap
Track your contractors and their licensing
Quarterly parcel upload
Free forms, letters, and / or permits utilizing iWorQ' s template library, and up to 3 custom letters / forms.
10,000. 00 $ 8, 000. 00
Subscription Fee Total ( This amount will be invoiced each year)
81, 602. 00 Annual
One -Time Setup, GIS integration, and Data Conversion Fees Service( s) Full Price Cost Package
Price
Billing
Implementation and Setup cost year 1
73. 000. 00 o. 00 Year One
Up to 5 hours of GIS integration and data
conversion
1, 000. 00 o. 00 Year One
Data Conversion ( see attached guidelines Appendix
B)
4. 900. 00 so. 00 Year One
iWorQ Systems, P. O. Box 3784, Logan, Utah, 84323
-17-
www. iworq. com
f
oak..
One -Time Setup Total ( This amount will be
added year i)
78, 900. 00 o. 00 Year One
Grand Total Due Year i
81, 602. 00
NOTES AND SERVICE DESCRIPTION
I. Invoice for the ( Annual Subscription Fee Total + One -Time Total) totaling $ 81, 6o2 will be sent out 2 weeks after signature and Effective Date
II. This subscription Fee and Agreement have been provided at the Customer' s request must be signed and returned on or before April 21, 2022.
III. This agreement includes a total of zooMB upload size limit, 7ooGB of storage, 20 custom letters for the community development package, and 3o custom forms.
IV. This agreement combines existing services totaling $ 17, go2 with proposed added services Enterprise Package upgrade, Public Works Permits, License Management, Animal License Management, Financial Exports, Large File Uploads, Bluebeam Integration, Yard Sale Permits, Records Request Management, Entity Management - Fire, and Pavement Management included in the Public Works Management Package) totaling $ 63, 70o for a new annual total of $81, 6oz. Added services may be prorated.
V. For further clarity, the Enterprise Package upgrade specifically adds the Portal Home, Payment Processing, REST Services, and iooGB of data.
VI. Appendix B below specifies the Scope of Work for the Custom Programming. iWorQ Systems, P. O. Box 3784, Logan, Utah, 84323
-18-
www. iworq. com Nor}
APPENDIX B
Scope of work on Custom Programming
iWorQ Systems, P. O. Box 3784, Logan, Utah, 84323
-19-
www.iworq. com iWorc
1 . We will be able to customize the inspection and review by adding these fields
2. We will be able to customize the activities in code enforcement using the fields below
3. We will be able to customize the inspections in entity management using the fields below
4. We will be able to lock the property records ( user restriction) Create a " Workflow" tab with the following features:
1. You could select an inspection or add plan review
2. You could add info to 4 new fields — Order, notification status, who gets emailed, ( yes/ no) does this step need to be completed before the next step can be done.
Example ( types, orders, statuses, and email options will all be customized):
Inspection type Order Notification Status Automated email Footings 1
Foundation 2
Framing 3
4Way 4
Roofing 5
Final 6
completed
completed
completed
in progress
completed
completed
Steve@city. org
Steve@City. org
Ben@city. org
ben@city. org
contractor@gmail. com
Permittech@city. org
step must
be completed
Yes
Yes
Yes
No
Yes
Yes
3. Each status would need a color code
4. You would need to be able to report on the status of each permit
5. You would need to be able to add a workflow to a template ( permit templates)
6. This would apply to inspections, plan reviews, and activities. iWorQ Systems, P. O. Box 3784, Logan, Utah, 84323
-20-
STAFF REPORT
TO THE CITY COUNCIL
MEETING DATE: April 12, 2022
FROM: Joseph Hughes, City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/ City Engineer CZ PREPARED BY: Alondra Munoz, Engineering Technician II
SUBJECT: Irrigation Meters for Boulder Avenue Improvements ( Project No. brg04004a) RECOMMENDATION: It is recommended that the City Council approve a fee in the amount of 56, 500. 32 from East Valley Water District ( EVWD) for installation of three ( 3) irrigation meters for the Boulder Avenue Improvement project.
FISCAL IMPACT: Installation of three ( 3) irrigation meters will be funded using City Development Impact Fees that is included in the current 2- year approved budget for this project.
PUBLIC NOTICE: The Notice Inviting Bids was advertised in two newspapers and a number of trade papers. Notices of Council Meeting agenda were posted at the three locations required by resolution.
BACKGROUND: The proposed Boulder Avenue Improvements Project ( Project No. brg04004a) consists of street and landscape improvements within a two- mile stretch of Boulder Avenue from the San Manuel Village entrance to Greenspot Road. Specific improvements include landscaped median, parkway landscaping, median drainage, sidewalks, ADA ramps, bus stop ADA landing areas, trail entrances and lighting, bridge lights, street lights and street light conversion to LED, sound wall architectural enhancement, anti -graffiti coatings, pavement rehabilitation and slurry seal, bicycle detection systems and way finding signs, and other miscellaneous improvements.
On February 23, 2021, the City Council awarded a construction contract to H& H General Contracting, Inc. for the Boulder Avenue Improvement project. However, this contract did not include paying irrigation fees to EVWD.
Approved Motion Second Agenda Item No.
Denied Ayes
Continued Noes File No.
Tabled Abstain
Absent
City Clerk City Mana er
-1-
Three ( 3) irrigation meters from EVWD are needed for the new landscape medians and parkways being constructed for this project. Staff recommends approval of the fee in the amount of $56, 500.32 from EVWD.
Attachment:
1. Vicinity Map
M:\PUBWRK\brg04004a Boulder Avenue Bridge Phase 2 ( PNRS)\ Construction\ Irrigation Meters Staff Report 4. 12. 2022. doc -2-
iton State
to spitar
1-(ighlandAvee
rem Springs
igiseariest
Stil St
San Manuel
Village
PROJECT LOCATION -
BOULDER AVENUE ( San
ManUel Village Entrance
to Greenspot Road)
vaiginkanciA4b
Boulder Avenue Bridge
over City Creek
c
Sound Wall
el)
HighIand
VICINITY MAP
Baseline 51..
olevisPot
-3-
STAFF REPORT
TO THE CITY COUNCIL
DATE: April 12, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Carlos Zamano, Public Works Director/ City Engineer 62 SUBJECT: Application for Federal Grant — 3rd and 5th Street Corridors Improvement Project
RECOMMENDATION: It is recommended that the Council adopt Resolution No. 2022- 1) authorizing submission of a federal Rebuilding American Infrastructure with Sustainability and Equity ( RAISE) grant application to the U. S. Department of Transportation for the 3rd and 5th Street Corridors Improvement Project; ( 2) contingent upon award of federal RAISE grant and review by the City Attorney, approving an agreement with the Inland Valley Development Agency IVDA) and the City of San Bernardino (COSB) regarding implementation of the Project; and ( 3) agreeing to provide applicable local match funds for the Project.
FISCAL IMPACT: The proposed project is estimated to cost $ 22, 004, 000. The IVDA, the COSB and the City are jointly applying for a federal RAISE grant in the amount of $17, 603, 200 80% of the project cost). The required local match funds of $4, 400, 800 will be shared equally among the three agencies with each agency committing $ 1, 466,933. 33 of match funds. There will be no cost to the City for preparation and submittal of the grant application. The City' s local match funds could be provided by $ 1, 266, 933. 33 of Development Impact Fee and $ 200, 000 of General Capital Financing.
PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City's website.
BACKGROUND: On January 28, 2022, the U. S. Department of Transportation ( DOT) announced a nationwide call for projects for the new Rebuilding American Infrastructure with Sustainability and Equity ( RAISE) discretionary grant program. RAISE, formerly known as BUILD and TIGER, will make approximately $2. 275 billion available to transportation projects that are in line with the Administration' s principles of safety, environmental sustainability, quality of life, economic competitiveness, state of good repair, innovation, and partnership.
Approved Motion Second Agenda Item No. / L'
Denied Ayes
Continued Noes File No.
Tabled Abstain
Absent
f,
City Clerk / City Manag
-1-
Within these criteria, DOT will prioritize projects that can demonstrate improvements to racial equity, reduce impacts of climate change and create good paying jobs.
The IVDA, the COSB and the City are jointly submitting an application to the DOT for the 3rd and 5th Street Corridors Improvement Project. The total amount of federal RAISE grant funding being requested will be $ 17, 603, 200.
The proposed 3rd and 5th Street Corridors Improvement Project involves roadway improvements to the following streets:
5th Street ( Del Rosa Drive to Victoria Avenue)
Del Rosa Drive ( 3rd Street to 5th Street)
Proposed improvements on 5th Street include street widening, new curbs, gutters, sidewalks, construction of right -turn pockets, traffic signal modifications, drainage systems, street lights, and bike lanes. Due to funding constraints, the improvements on Del Rosa Drive are limited to storm drain facilities only.
The IVDA will act as the lead agency in the grant application, design and construction of the Project. If the RAISE grant is approved, an agreement will be drafted amongst all parties outlining the various aspects that are common in joint construction projects, such as cost control measures, billing and reimbursement procedures, etc. The agreement will be reviewed and approved by the City Attorney prior to execution by the Mayor.
M:\ PUBWRK\ RAISE Grant\ Staff Report RAISE Grant 4. 12. 22. doc -2-
3RD & 5TH STREET CORRIDORS IMPROVEMENT PROJECT
uo»
IA
0 euehn
N
3f
N3AV
VIVO13IA I;
ade,
g
Y anyerro» I`
Nf
2 1 1 1
15'
36a/
40 ear/
titer
w
la
011d51eon3
2 Kany
untomrue1
any
wl
J Y
any
Aaluiypy, N
ta5oy
5 la0
LAJ
I
ZA
Guthrie St
1m
E
S
x'
wu0
11 I
any
6U!
pa35
05 6upiaa5
3fN3AV
9N11131S L
IS .
13 30
euupuolory
any
n1uayy
t5
aryuog
any
esoy
Ia0
Ptl.
VarMWl3
V
tdl =
t
t0
0,
E01
N.
any
epnuln
tuod.
ly
oulpteu.
ae
ue5
E
1 any
Aapnl;
l.
tf
any
Aalt
45 1
any
esoy
1a0
1 0
dwgI50
3A1110
VS011130
0 Iae43IW
3nN3AV
30NV33ddu
angp
aou
c
Da
d
d
er
panyrao ue
yo' '
10 Sy
wled
Ay
epohl
Ay
6uly
1S
ewegeltl
Jp
esoy
le
N
ny 5 a
ueuuelem Ab
Ay
800E3: Vl
U
Ay
peeyMaiiy
l
awn 1S
ell
19 1S
3 Qiii?
Ay
uoweA
lunoyl
rs
05 19
N ;
eland
Notton
Wry
AQ
esoy
lap
City
Project of Highland Boundary Line i
Route
-3-
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA, APPROVING SUBMISSION OF A GRANT APPLICATION TO THE U. S. DEPARTMENT OF TRANSPORTATION, FOR THE 3rd AND 5TH STREET
CORRIDORS IMPROVEMENT PROJECT, APPROVING AN AGREEMENT WITH THE
INLAND VALLEY DEVELOPMENT AGENCY & THE CITY OF SAN BERNARDINO
RELATIVE TO IMPLEMENTATION OF THE PROJECT, AND AGREEING TO
PROVIDE APPLICABLE LOCAL MATCH FUNDS
WHEREAS, the Inland Valley Development Agency, serving as the lead agency, City of San Bernardino and the City of Highland, jointly resolve to apply to secure funds from the $ 2. 275 billion in Fiscal Year 2022 discretionary funding from the Rebuilding American Infrastructure with Sustainability and Equity ( RAISE) grant through the U. S.
Department of Transportation; and
WHEREAS, the focus for the joint application to secure funding will center on 5th Street between Del Rosa Drive and Victoria Avenue for street widening, bike lane construction, turn lanes, drainage system, curbs, gutters, sidewalk, street lights, and traffic modifications, and drainage improvements on Del Rosa Drive between 3rd Street and 5th Street; and
WHEREAS, the RAISE grant program requires local match funds be provided by the co -applicants; and
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Recitals set out above are true and correct.
2. The City Council hereby authorizes and approves the submission of a grant application to the U. S. Department of Transportation, for the 3rd and 5th Street Corridors Improvement Project.
3. The City Council hereby agrees to provide applicable local match funds for the Project, as required by the RAISE grant program.
4. The City Council hereby approves an agreement with the San Bernardino International Airport Authority and the City of San Bernardino relative to implementation of the 3rd and 5th Street Corridors Improvement Project, subject to review and approval by the City Attorney.
5. This Resolution shall become effective upon its adoption. -4-
PASSED, APPROVED AND ADOPTED this 12th day of April, 2022.
Larry McCallon
Mayor
ATTEST:
Betty Hughes, CMC
City Clerk
-5-
DATE:
FROM:
PREPARED BY:
STAFF REPORT
TO THE CITY COUNCIL
April 12, 2022
Joseph A. Hughes, City Manager
Betty Hughes, MMC, City Clerk
SUBJECT: City Manager Report and Comments
Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
RECOMMENDATION: Discussion and possible action.
Approved Motion Second Agenda Item No. I 1
Denied Ayes
Continued Noes
Tabled Abstain
Absent
City Clerk
File No.
City Manager
-1-
DATE:
FROM:
PREPARED BY:
SUBJECT:
STAFF REPORT
TO THE CITY COUNCIL
April 12, 2022
Joseph A. Hughes, City Manager
Betty Hughes, MMC, City Clerk
Council Member Comments
Agency/Committee/AB1234 Reports, District Updates, etc.) RECOMMENDATION: Discussion and possible action.
Approved Motion Second Agenda Item No. Z- 0
Denied Ayes
Continued Noes File No.
Tabled Abstain
Absent
t) dJ`rl1
City Clerk City Manager
-1-