Agenda packet — Loma Linda City Council, May 14, 2024 (part 2 of 2)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA

LINDA, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA, INITIATING PROCEEDINGS AND ORDERING THE

PREPARATION OF AN ENGINEER'S REPORT FOR STREET
LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL
YEAR 2024/2025
The City Council of the City of Loma Linda (“City”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, being division 15 of the Streets and Highways Code of the State of California ("Act"), desires to initiate proceedings for Loma Linda Street Light Benefit Assessment District No. 1 (the "District") and for the levy and collection of assessments within the proposed District for the fiscal year 2024/2025, for the purposes provided therefore in the Act; and The public interest and convenience require the City to initiate proceedings for the levy of assessments within the District for the fiscal year 2024/2025, for the purposes provided thereof in the Act; and
Section 22622 of the Act requires the City to adopt a resolution generally describing any proposed new improvements or any substantial changes in the existing improvements and ordering the Engineer to prepare and file a report in accordance with Article 4 of the Act.

WHEREAS, by adoption of Resolution No. 785, the City Council of the City of Loma Linda determined that the public interest, convenience and necessity required the installation, construction, and operation of street lighting and appurtenant facilities set forth in Section 22525 of the Streets and Highways Code, State of California, and the maintenance thereof within the incorporated boundaries of the City of Loma Linda as shown on the attached map; and WHEREAS, Willdan Financial Services, 27368 Via Industria, Suite 200, Temecula California, 92590, was appointed "Engineer of Work" with all provisions of Division 15 applicable to the Engineer applied to said "Engineer of Work"; and WHEREAS, Section 22622 of the Streets and Highways Code, State of California, requires that an Engineer's Report be prepared and filed annually, outlining the assessments to be levied against the properties within the assessment district; and
WHEREAS, Proposition 218, right to Vote on Taxes Act, was approved by the voters on November 5, 1996, added Articles XIIIC and XIIID to the California Constitution which requires among other things, that beginning July 1, 1997, all existing assessments must be approved by at least 50 percent of the ballots cast by record owners subject to the assessment; and
Council Bill #R-2024-07
Resolution No.

WHEREAS, Proposition 218 exempts assessments which are used to operate and maintain streets, provided the assessments are not increased; and WHEREAS, streetlights and traffic signals are installed, maintained and operated for street purposes; and
WHEREAS, the street light assessments for fiscal year 2024/2025 are not increased over those imposed for fiscal year 2023/2024; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Loma Linda that:

1. The Engineer of Work is ordered to prepare the report for fiscal year 2024/2025 in accordance with Article 4, Division 15, of the Streets and Highways code, "The Landscaping and Lighting Act of 1972" of the State of California.

2. The assessments for fiscal year 2024/2025 are exempt from Proposition 218, based on the provision of Proposition 218.

APPROVED, ADOPTED AND SIGNED this _____ day of ________, 2024 by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Phillip Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk
Council Bill #R-2024-07
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LOMA LINDA, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA, PRELIMINARILY APPROVING ENGINEER'S
REPORT FOR FISCAL YEAR 2024/2025 FOR STREET
LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1
The City Council of the City of Loma Linda (“City”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, being division 15 of the Streets and Highways Code of the State of California ("Act"), has ordered the preparation of an Engineer’s Report and has filed said Report titled “Loma Linda Street Light Benefit Assessment District No. 1” ("District") and has initiated proceedings for the levy and collection of assessments within the proposed District for the fiscal year 2024/2025, for the purposes provided therefore in the Act; and
WHEREAS, the City Council, has by previous Resolution, ordered the preparation of the Engineer’s Report and directing the Engineer of Work to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1972 for fiscal year 2024/2025; and
WHEREAS, said Engineer of Work has made and filed with the City Clerk of said City a report in writing as called for in said Resolution and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Loma Linda that:

1. The Engineer's Estimate of the itemized costs and expenses of said work and of the incidental expenses in connection therewith, contained in said report be, and each of them is hereby preliminarily approved.

2. The diagrams showing the District referred to and described in said report, the boundaries of the subdivision of land within said Assessment District as the same existed at the time of passage of said Resolution, is hereby preliminarily approved.

3. The proposed assessment upon the subdivision of land in said District is in proportion to the estimated benefit to be received by said subdivisions, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved.

4. Said report shall stand as the Engineer's Report for the purposes of all subsequent proceedings.

Council Bill #R-2024-08
Resolution No.

PASSED, APPROVED AND ADOPTED this ______ day of ________, 2024 by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Phillip Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk
Council Bill #R-2024-08
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA,

COUNTY OF SAN BERNARDINO, CALIFORNIA DECLARING ITS

INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL
YEAR 2024/2025 IN STREET LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1, AN ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE SPECIAL THAN GENERAL PUBLIC BENEFIT; SPECIFYING THE

EXTERIOR BOUNDARIES OF THE AREAS WITHIN STREET LIGHT
BENEFIT ASSESSMENT DISTRICT NO. 1 AND TO BE ASSESSED THE COST AND EXPENSE THEREOF; DESIGNATING SAID DISTRICT AS
STREET LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1,

DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND

OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO The City Council of the City of Loma Linda (“City”), pursuant to the provisions of The Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, declares its intention and does resolve as follows:

WHEREAS, it is the intention of the City Council of the City of Loma Linda, California, to order the following work be done:

1. Maintenance, operation and servicing of street lighting and traffic signals as authorized by Section 22525 of the Streets and Highways Code.

2. Any and all work and materials appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof; and WHEREAS, the foregoing described work is to be located within roadway right-ofway and public utility easements within the incorporated boundaries of the City of Loma Linda more particularly described on a map which is on file in the City Clerk's Office entitled "Assessment Diagram Street Light Benefit Assessment District No. 1"; and WHEREAS, that the contemplated work, in the opinion of said City Council, is of more special than general public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is described as follows: All that certain territory of the City of Loma Linda included within the exterior boundary line shown upon that certain map entitled "Assessment Diagram Street Light Benefit Assessment District No. 1," indicating by said boundary line the extent of the territory included within the proposed assessment district and which map is on file in the Office of the City Clerk of said City; and
WHEREAS, reference is hereby made to said map for further, full and more particular description of said assessment district, and the said map so on file shall govern for all details as to the extent of said assessment district; and WHEREAS, the City Council of said City has, by previous Resolution, preliminarily approved the report of the Engineer of Work, which said report indicates the amount of the proposed assessment, the district boundary, detailed description of improvements, and the method of assessment. The report titled "Engineer's Annual Levy Report for Street Light Benefit Assessment District No. 1 fiscal year 2024/2025 is on file in the Office of the City Clerk of said City, and was prepared for fiscal year 2024/2025 in accordance with the Council Bill #R-2024-09
Resolution No.

Landscaping and Lighting Act of 1972. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work; and
WHEREAS, the assessment shall be collected at the time and in the same manner as County taxes are collected. The Engineer of Work shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report, at which time assessments for the next fiscal year will be determined; and WHEREAS, all the work herein proposed shall be done and carried through in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California; and
WHEREAS, that by reference to Section 22595 of said Streets and Highways Code all railroad, gas, water or electric utility or electric line right-of-way included within said Street Lighting Benefit Assessment District No. 1 which will receive benefit will be assessed for said benefit; and
WHEREAS, although Section 4 of Article XIIIC, of the California Constitution has a procedure of assessing parcels owned or used by any public agency, the State of California or the United States, Section 5(a) of said Article XIIIC exempts any assessment to finance maintenance and operating expenses for streets, or streetlights as an integral part of a street, therefore, the assessment of public parcels is exempt; and WHEREAS, published notice shall be made pursuant to Section 6061 of the Government Code. The publication of notice of hearing shall be completed at least 10 days prior to the date of hearing; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Loma Linda that:

1. Notice is hereby given that on the 11th day of June 2024 at the hour of 7:00 p.m., or as soon thereafter as possible, in the City Council Chamber at 25541 Barton Road, in the City of Loma Linda, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out in accordance with this Resolution of Intention. The City Council will consider all oral and written protests; and

2. The City Clerk shall certify to the adoption of this Resolution.

Council Bill #R-2024-09
Resolution No.

PASSED, APPROVED AND ADOPTED this ______ day of ________, 2024 by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Phillip Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk
Council Bill #R-2024-09
City of Loma Linda
Regular City Council Staff Report
Approve a Change Order for the Beaumont Avenue Waterline Repair Project (CIP 20-657) [Public Works] Meeting
Tuesday, May 14, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3F
To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council approve a change order to the contract for waterline improvements on Beaumont Avenue from Union Pacific Railroad (UPRR) right-of-way to Nevada Street not to exceed $125,000.00. City staff will continue to provide inspection and project management.

BACKGROUND:

This project, awarded in April 2023, was included in the approved Capital Improvement Program of the annual budget (CIP 20-657). This project has experienced many challenges mostly due to conflicts with known structures and unknown utility locations. San Timoteo Creek Channel requires a bridge crossing, the UPRR tracks limited construction time and Kinder Morgan high pressure interstate gas line exact location necessitated our new waterline relocation.

These many adjustments, along with the on-again off-again construction schedule, may have contributed to a catastrophic failure of a pipe joint during the initial guarantee period.

ANALYSIS:

Staff negotiated with the Contractor to arrive at a “time and materials” cost not to exceed $125,000.00. Considering the extent and complexity involved this cost seems reasonable.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Funding is available in Acct. No. 4387200-58500 (cost savings on the 1.6 M reservoir project).

City of Loma Linda
Regular City Council Staff Report
Grant a Utility Easement on Van Leuven St. to the So. California Gas Company [Public Works] Meeting
Tuesday, May 14, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3G
To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
Attachments
RW#276931_SCG_v2024-04-29.pdf
RW#277657_SCG_v2024-04-29.pdf
RW#277658_SCG_v2024-04-29.pdf
RECOMMENDATION:

It is recommended that the City Council approve the grant of easement to the Southern California Gas Company for the placement of a service line to 25388 Van Leuven Street and authorize the City Manager to sign the document.

BACKGROUND:

The Southern California Gas Company (SoCal Gas) proposes to locate a service lateral across three (3) remnant parcels the City acquired on the north side of Van Leuven Street east of San Timoteo Creek. The parcels were the result of the U.S. Corp. of Engineers project to channelize the creek. The parcels, even if merged, are substandard for housing, therefore, the underground pipeline should not interfere with any surface usage by the City.

ANALYSIS:

City staff has reviewed and approves of the easements. These easements will not adversely affect the parcels involved.

SoCal Gas will be responsible for recording the documents as part of their project. Additional temporary construction easements may be requested alongside the permanent easements for use during the installation phase only.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

No cost to the City, SoCal Gas has prepared and will record the easement documentation upon approval.

City of Loma Linda
Regular City Council Staff Report
Approve Agreement with TKE Engineering for City Services [Finance/Administration] Meeting
Tuesday, May 14, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3H
To
City Council
From
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council approve the agreement for consultant services with TKE Enginering, Inc. for cityrelated services.

BACKGROUND:

For several years, TKE Engineering, Inc. (“TKE”) through its Development Services Division, has provided a variety of consultant services to the City, Successor Agency, and Housing Authority. With respect to the Successor Agency and Housing Authority matters, such services were arranged for within separate agreements. However, with respect to Cityrelated matters, such services were arranged under purchase orders.

Based on the staff’s analysis of projected City-related ongoing needs for services from TKE’s Development Services Division, staff recommends that such services be arranged for within the attached Agreement for Consultant Services (“Agreement”).

ANALYSIS:

The attached Agreement is in the City’s standard agreement format. It provides for:

1. 2.

In addition, TKE has provided its Development Services Division consulting services on a combined basis (i.e., City, Successor Agency and Housing Authority), over the past four (4) years. Also, TKE’s Development Services Division staff began providing services to the City in 2015 while in service to a previous consulting firm. Throughout TKE’s four years of service, its billable consulting rates have remained constant and TKE has committed to hold to these rates during the coming term of the Agreement.

ENVIRONMENTAL IMPACT:

Pursuant to § 15060 (c) (3) of the California Environmental Quality Act (the “CEQA”) Guidelines (i.e., California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387), approval of the attached Agreement is exempt from CEQA because the actions described therein will not result in a direct or indirect physical change in the environment and the actions described therein are not a “Project”, as defined within§ 15378 of the CEQA Guidelines.

FINANCIAL IMPACT:

The Agreement provides that TKE will carry out the Scope of Services (as described within Exhibit “A” to the Agreement) on an actual time and materials basis with the overall costs of such services being governed by the financial limits defined A term for Fiscal Yare 2023/2024; and
A time and material-only compensation arrangement with a cap of $11,000.00 unless additional payment is approved as provided within the Agreement.

Attachments
TKE Agreement for Consultant Services.pdf
within the Agreement, i.e., not to exceed $11,000.00 during its term, unless additional payment is approved by the City as provided for within the Agreement.

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of on , 2024 (“Effective Date”), between the City of Loma Linda, a municipal corporation ("City") and TKE Engineering, Inc., a California corporation ("Consultant"). Hereinafter, the City and the Consultant individually will be referred to as a “Party” and collectively as the “Parties”. In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

1. TERM
This Agreement shall commence July 1, 2023 to June 30, 2024 (“Term”), unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall, as requested by City, perform the tasks described within the “Scope of Services”, as set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks described within the Scope of Services, as requested by City, according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall at all times faithfully, and competently perform all tasks described herein.

Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. Consultant shall have the duty to prepare any design documents free from defects.

4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement and shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Services or change Consultant’s compensation, subject to Section 5 hereof.

5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed eleven-thousand dollars ($11,000.00) for the total Term of this Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services. Any additional work in excess of this amount shall be approved by the City Council.
(c) Consultant will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
(d) Consultant agrees that, in no event shall City be required to pay to Consultant any TKE Engineering Inc.

Agreement for City Services
sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is in compliance with this Agreement. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5(c).

7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and to the extent the default is without fault or negligence of the Consultant, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

TKE Engineering Inc.

Agreement for City Services
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. Any reuse or modification of the work product without the prior written consent of Consultant will be at the sole risk of the City. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant.
(b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs.

TKE Engineering Inc.

Agreement for City Services
(c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties. (e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City.
(f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties.
(g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement.
(h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.

10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

TKE Engineering Inc.

Agreement for City Services
(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance.

If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence, and $4,000,000 aggregate total bodily injury, personal injury, and property damage.
(2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of
$2,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided by means of a nonowned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease.
(4) Professional Liability: Professional Liability insurance with limit of not less than $3,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability

3. Restrict coverage to the “Sole” liability of contractor

4. Exclude “Third-Party-Over Actions”

5. Contain any other exclusion contrary to the Agreement Additional Insured Endorsements shall be at least as broad as ISO Forms CG 20 10 11 85; or CG 20 and 10 and CG 2037.

Primary Insurance: This insurance shall be primary and any other insurance, whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement, shall be in excess of, and shall not contribute with, this insurance. Coverage shall be at least as broad as ISO CG 20 01 04 13.
(2) Auto Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents, and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor.

Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or TKE Engineering Inc.

Agreement for City Services
self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(3) Workers’ Compensation
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non- payment of premium.
(d) Waiver of Subrogation
Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. (e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. (f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the Indemnified Parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Consultant or the City. (g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Consultant under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement. (h) Failure to Maintain Coverage
Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. (i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise TKE Engineering Inc.

Agreement for City Services
allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.
(j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Consultant’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
(k) Insurance for Subcontractors
Consultant shall be responsible for causing Subcontractors/ Subconsultants to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and Non-Contributory coverage and Waiver of Subrogation to the Subcontractors’/Subconsultant’s policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.

11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, including compliance with Social Security withholdings and all other regulations governing such matters. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Loma Linda in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Loma Linda will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

TKE Engineering Inc.

Agreement for City Services

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or subagreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant.

Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of this Agreement.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt TKE Engineering Inc.

Agreement for City Services
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: T. Jarb Thaipejr, City Manager
City of Loma Linda
25541 Barton Rd
Loma Linda, CA 92354
To Consultant: Steven H. Dukett, Managing Director
TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
(951) 680-0440

17. ASSIGNMENT AND SUBCONTRACTING
The Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, nor any monies due hereunder, without prior written consent of the City. The City’s consent to an assignment of rights under this Agreement shall not release the Consultant from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the Consultant in violation of this Section 17 shall be void and of no legal effect and shall constitute grounds to terminate this Agreement for cause. The Consultant shall not subcontract any performance required under this Agreement without the City’s prior written consent.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Loma Linda business license.

19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the superior or federal district court with jurisdiction over the City of Loma Linda.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

21. RESERVED

22. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement. Consultant’s covenant under this Section shall survive the expiration or termination of this Agreement.

TKE Engineering Inc.

Agreement for City Services

23. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin.

In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.

24. EFFECT OF PARTIAL INVALIDITY
If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms shall remain valid and enforceable under this Agreement or California law.

25. CLAIMS AGAINST CITY
Consultant must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or Loma Linda Municipal Code, Chapter 1.16, as applicable, prior to filing any lawsuit against the City. Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

26. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

27. NO THIRD-PARTY BENEFICIARIES
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

28. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses and attorneys’ fees paid or incurred in good faith.

29. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

30. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.

TKE Engineering Inc.

Agreement for City Services
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF LOMA LINDA CONSULTANT
By: By:

Phillip Dupper, Mayor Michael P. Thornton, President
Attest:

By: By:

Lynette Arreola, City Clerk Steve Dukett, Managing Director of Development Services
Approved to form:

By:

Diane Robbins, City Attorney

EXHIBIT A

SCOPE OF SERVICES
TKE’s Development Services Division staff are highly skilled professionals able to handle a wide variety of assignments for which examples range from site-specific developer negotiations to community wide development strategies, grant projects and programs, entitlement processing, financial/funding advisement, bond continuing disclosure services, affordable housing programs and compliance monitoring (i.e., SB 341 reports affordability compliance analyses and reports), economic development strategic plans, third-party compliance management, implementation, comprehensive redevelopment agency wind-down services and Surplus Land Act (“SLA”) compliance services. Steven H. Dukett, Managing Director, Kathleen Robles, Senior Project Manager, and Valerie Elliott, Project Manager, represent the key professional staff that provide services pursuant to this Agreement. Mr. Dukett will serve as the Managing Director in charge of this assignment. Other staff members may be used as necessary.

TKE’s Development Services Division customizes its services to meet our clients’ needs and range from macro scale matters relative to community-wide needs to micro scale matters related to site specific development needs. TKE’s development services are offered on a “turn-key” or general basis (i.e., as an augmentation to staff) or on a selective basis (i.e., for specific project activities).

In addition, TKE is uniquely able to offer its development services in combination with its comprehensive array of development and engineering-related services. This unique combination of skill sets enables TKE to offer its clients an uncommon level of practical insights and solutions with respect to local government sponsored, initiated or assisted development and related activities.

The summaries provided below represent, without limitation, the types of services that are available to the City.

A. SUMMARY OF SLA PROJECT MANAGEMENT SERVICES
The following summarizes the types of SLA project management and development services that TKE may provide with respect to real property disposition. SLA project management services are typically provided on an on-call and as-needed basis. Additionally, many of the items included within the summary below require cooperation and/or approvals from third parties, which may or may not occur or occur in a timely manner. Further, the City may select portions, amend, delete or add SLA project management services items at its sole discretion. The numbering protocol used in the summary below is provided for convenience of reference only and does not reflect priority sequence.

1. Consistent with the SLA, as codified in California Government Code (“GC”) §§ 54220 – 54234, and the April 2021 SLA Guidelines (“Guidelines”) as promulgated by the California Department of Housing and Community Development (“HCD”), assist with respect to the preparation of the declaration, notice, managing inquiries from interested third parties, analyses of respondent’s written statements of interest, and preparation of a SLA completion report of the results of the process to HCD for the City’s issuance.

2. Coordinate any solicitation process for professional services that may be required with respect to the land disposition process as the City may require, which may include appraisers, brokers or other types of professional services.

3. Provide any other related service that staff may request.

TKE Engineering Inc.

Agreement for City Services
B. SUMMARY OF DEVELOPMENT-RELATED SERVICES
Development related services are typically provided on a project, program and/or on-call and asneeded basis and are primarily real estate development oriented, transactional in nature and opportunity based. Additionally, many of the items included within the summary below require cooperation and/or approvals from third parties, which may or may not occur or occur in a timely manner. Further, the City may select portions, amend, delete or add development-related project management services items at its sole discretion. The numbering protocol used in the summary below is provided for convenience of reference only and does not reflect priority sequence.

1. Assist and advise staff with respect to planning, urban design, land-use, development strategies, fiscal feasibility, funding/financing strategies and deal structuring for potential development projects and/or programs.

2. Participate in formal and informal planning and project management discussions, negotiations and presentations with staff, developers, owners, architects, community officials, other local government agencies and others, as appropriate, with respect to development projects and/or programs specified by the City.

3. Assist in evaluating the physical and fiscal feasibility of any public assistance requests (i.e., pro forma analysis) that may be received by any prospective developer.

4. Assist in developing and implementing marketing and economic development strategies to retain, expand and attract businesses to increase employment opportunities and tax ratables.

5. Researching, preparing, reviewing evaluating and/or submitting reports, forms, spreadsheets and any other written documentation that may be required by the City.

6. Providing oral presentations that may be required by the City.

7. Perform any compliance and/or implementation related tasks and/or services that may be required by the City.

8. To the extent that public assistance is contemplated by any prospective developer, assist the City in developing clear and easy to understand options and devise options and goals that emphasize: i) tying direct public assistance to the tax-ratables generated by the project, be performance based and be tied to the concept of feasibility wherein both parties share in project financial benefits; ii) tying indirect public assistance to either regional or area benefiting public infrastructure; and iii) the use of alternative fiscal resources, e.g., a community facilities district for public infrastructure purposes.

9. Estimate the tax ratables and jobs that a projected development may generate (i.e., property taxes, tax increments, sales taxes, transient occupancy taxes, etc.).

10. Assist and advise staff with respect to low- to moderate-income housing strategies, projects and/or programs.

11. As necessary, prepare “Project Information Summary” reports as required by Government Code §§ 53083 or 52201 or any similar provisions of law.

12. Prepare development, economic development, property disposition, affordable housing, infrastructure and other types of strategies, reports or plans.

13. Consistent with the California Surplus Land Act (“SLA”), as codified in California Government Code (“GC”) §§ 54220
– 54234, and the April 2021 SLA Guidelines (“Guidelines”) as promulgated by the California Department of Housing and Community Development (“HCD”), assist with respect to the preparation of the declaration, notice, managing inquiries from interested third parties, analyses of respondent’s written statements of interest, and preparation of a SLA completion report of the results of the process to HCD for the City’s issuance for any real property subject to the SLA.

14. Prepare continuing disclosure reports pursuant to the MSRB requirements.

15. Prepare SB 341 annual reports.

16. Provide any other related service that staff may request.

TKE Engineering Inc.

Agreement for City Services

SCHEDULE OF PERFORMANCE
The services described above are opportunity-based and dependent on third party cooperation and actions. Therefore, it is not possible to provide a definitive overall schedule of performance.

However, on a case- by-case basis, TKE will be pleased to negotiate a specific schedule of performance with respect to definitive aspects of the project or program.

TKE Engineering Inc.

Agreement for City Services

EXHIBIT B
Professional Services Rates Schedule
Due to the vagaries associated with managing the variety of activities associated with the providing services identified in the Scope of Services, TKE will carry out the Scope of Services on an actual time and materials basis with the overall costs of such services being governed by the financial limits defined within the Agreement utilizing the following professional service rate schedule:

Professional Staff Hourly Rates
Managing Director $185.00
Senior Project Manager $120.00
Project Manager $100.00
These rates will remain constant through June 30, 2024 and are subject to change thereafter.

Costs for telephone, e-mail and facsimile expenses, postage and incidental photocopying are included within the above noted Professional Service Rates Schedule.

City of Loma Linda
Regular City Council Staff Report
Approve Schedule "A" of the Law Enforcement Service Contract with the County of San Bernardino for Fiscal Year 2024-25 [City Manager]
Meeting
Tuesday, May 14, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3I
To
City Council
From
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council approve Amendment No. 35 of the San Bernardino County Law Enforcement Service Contract No. 94-523, amending Schedule "A" for Fiscal Year 2024-25.

BACKGROUND:

The annual Sheriff's Law Enforcement contract covers all regular law enforcement services for the City. The contract includes personnel costs such as salary, benefits, personnel liability and bonding, and worker's compensation modifications; vehicle costs, including insurance; dispatch services; body-worn cameras; and administrative costs. The breakdown of the positions covered is listed in Schedule A under Attachment I. As in previous years, the contract includes (1) Deputy Sheriff, 24 hours per day, 7 days per week, for services directly for Loma Linda University Medical Center (LLUMC), which is a pass-through cost to LLUMC. Amounts not included in the contract are additional services, supplies, vehicle fuel, repair, maintenance, and personnel overtime. These costs will be billed separately on a quarterly basis. In previous years, the contract was approved at the same time the annual budget was presented to Council; however, this year, SBCSD is requesting all executed contracts be returned to the SBCSD Bureau of Administration by May 23, 2024.

ANALYSIS:

The annual contract for fiscal year 2023-2024 is $6,891,424. The proposed contract for fiscal year 2024-2025 is showing an increase of $189,472 or 2.7% to $7,080,896. The services will remain the same except for fiscal year 2024- 2025, the San Bernardino County Sheriff Department has passed on the cost of the body worn cameras to all its contracted agencies. For the City of Loma Linda, that cost is $27,401.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Funding for Law Enforcement Services will be included in the fiscal year 2024-2025 budget under the Contractual Services agreement account 0012000-51830 and 0012060-51830 for the Parking control dispatch services portion.

The Sheriff Service Specialist position and costs associated to that position are paid by the COPS grant which will be reflected as a transfer in to the general fund from the COPS grant.

Attachments
Schedule A - Law Enforcement Service Contract.pdf

City of Loma Linda
Regular City Council Staff Report
Declare Items Surplus and Authorize Appropriate Disposal [Information Systems] Meeting
Tuesday, May 14, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3J
To
City Council
From
Andrew Sanchez, Customer Service Technician
Via
Kyle MacGavin, Information Systems Manager
RECOMMENDATION:

It is recommended that the City Council declare the attached list of equipment and miscellaneous items surplus and authorize the items be appropriately disposed.

BACKGROUND:

The attached list of equipment and miscellaneous items are outdated and are no longer used in the normal operations of the city. These items have become a maintenance liability rather than an asset due to the limited useful life and present worth of each item.

ANALYSIS:

Items will be appropriately disposed.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

No income will be generated.

Attachments
Eqt Disposition Form 5.14.24 (1).pdf

EQUIPMENT DISPOSITION FORM
(This form is to be completed upon the disposition of fixed assets, with the exception of equipment for surplus) Date of Disposition: 5/14/24
Department: Information Systems Division:

Justification for Disposition: E-Waste
Authorized Signature ________________________________________________________ Item
#
Asset Tag
#
Serial #
Description
1 NA MN:WCH-02P Corning Cable System
2 NA CN05J2V0SC HP DeskJet Plus4155
3 NA MN:1706FPVI Dell Flat Panel Monitor
4 NA 1603470508819025 EVGA Supernova Battery
5 NA NELA004399 Cannon imageCLASS
6 03251 2UA43503FP HP Elite Desk
7 03090 R21C651VY6R Samsung Flip Phone
8 NA MN: A1533 iPhone 5s
9 NA MN: A1533 iPhone 5s
10 01941 MN: MVC-FD100 Sony FD Mavica
11 NA NA Box of various cables (Ethernet, coaxial, etc.) 12 NA MN:SCH-U640 Samsung Convoy Phone (10 total)
13 NA MN: Y-R0053 Logitech keyboard
14 NA 11-0077951 IBM Wheel writer 30 Series II
15 NA CNWHH45184 HP Color LaserJet 3600dn
16 NA 1852LZ0BKFE8 Logitech Mouse
17 NA MN: MX418/S Microflex Standard Gooseneck Microphone (10 total)
18 NA NS0824009224 APC Battery Chassis
19 NA ISO825002314 APC Battery Chassis
20 03300 CK0232796 Aruba Networks AP
21 03312 CK0232801 Aruba Networks AP
22 03305 CK0232771 Aruba Networks AP
23 03304 CK0232767 Aruba Networks AP
24 03308 CK0232812 Aruba Networks AP
25 03311 CK0232758 Aruba Networks AP
26 03310 CK0232799 Aruba Networks AP
27 03313 CK0232769 Aruba Networks AP
28 NA CK0232798 Aruba Networks AP
29 03303 CK0232874 Aruba Networks AP
30 03302 CK0232773 Aruba Networks AP
31 03301 CK0232940 Aruba Networks AP
32 03309 CK0232800 Aruba Networks AP
34 NA MN: YS12-120100U SpeedyCheck Bill Detector
35 NA MN: Y-R0053 Logitech Keyboard K350
36 NA MN: 4D00157Y SHARP QS-277OH Electronic Calculator 37 NA MN:1558 Microsoft Number Keypad
38 NA MN: ASA5500 Cisco Asa 5510 Series Adaptive Security Appliance
39 NA MN: SK-8135 Dell Keyboard
40 NA SN: F3-040 Gateway Power Supply
41 02049 SN: 0032259370 Windows XP Professional Desktop 42 NA SN:290736412668 Liteon DVD Player
43 NA 6J2AJNT1E07T Compaq Proliant DL360
44 NA 6J22FXK1N00G Compaq Proliant DL360
45 NA 6J13FCX2900R Compaq Proliant DL360
46 NA 6J13FCX29077 Compaq Proliant DL360
47 NA 6J13DCX2900Z Compaq Proliant DL360
48 NA 6J13FCX2E03S Compaq Proliant DL360
49 NA MN: ES1013 Compaq Proliant DL360
50 02290 USM632020V HP ProLiant DL360 G5
51 03186 USE722N1MH HP ProLiant DL360 G5
52 03185 USE722N1MJ HP ProLiant DL360 G5
53 03187 USE722N1MK HP ProLiant DL360 G5
54 01388 USM6320213 HP ProLiant DL360 G5
55 02289 USM6320231 HP ProLiant DL360 G5
56 02292 USM632022J HP ProLiant DL360 G5
57 02291 USM632020C HP ProLiant DL360 G5
58 02287 USM6320224 HP ProLiant DL360 G5
59 03211 USM65004CM HP ProLiant DL360 G5
60 03279 MXQ51101ST HP ProLiant DL360 Gen 8
61 03220 USE122N3PN HP ProLiant DL360 G7
62 03146 USE122N3PL HP ProLiant DL360 G7
63 NA D139JZG1M614 Compaq ProLiant DL380
64 03243 2M244100BX HP ProLiant DL 380 Gen 8
65 NA SGA02901Z1 HP Drive Encolsure
66 NA SGA02901YW HP Drive Encolsure
67 NA SGA03100YV HP Controller Array
68 NA CN801901ZX HP BladeSystem
69 NA MN: 1706FPVt Dell Flat Panel Monitor
70 NA MN: W86111 Intelligent Weather Forecaster
71 NA NA HiPPiH Clock
72 NA 202201128165 Wone NICE Barcode Scanner
73 NA W5AY135586 Epson Printer
74 NA MN: 2350415100600073 Micronics Receipt Printer
75 NA MN: 2350412010600319 Micronics Receipt Printer
76 NA MN: 2350412010600328 Micronics Receipt Printer
77 NA 1017248 IBM Switch
78 NA FOC1142ZB2Y Cisco Switch
79 NA 2C4625004H HP Rackmount Keyboard and Monitor
80 03003 1BTYA97409 Panasonic CF-52 Toughbook
81 03006 1BTYA97521 Panasonic CF-52 Toughbook
82 03289 NA5016721333834 TriCaster TCXD40
83 NA 8ATYB36605 Panasonic CF-52 Toughbook
84 NA NA Dell Inspiron 15 Laptop
85 NA NA Lenovo ThinkPad Laptop
86 03332 5CG6421J92 HP ProBook
87 03328 21636351353 Surface Pro 3
Check One:
_____Sold (Please attach supporting documentation.)
_____Lost (Please include complete description of circumstances surrounding loss.) _____Donated to outside organization (Please attach supporting documentation.) _____Traded In (Please attach supporting documentation.) _____Reassigned for use as source of parts
_____Stolen (Please attach police report or complete description of circumstances.) ____ Destroyed (Please include complete description of circumstances.) _X___Other, Please explain Hauled away by company who installed the new SCBA Air Compressor
Distribution: Original - Finance; Copy - Relinquishing Department 12/03

CITY OF LOMA LINDA
Sold for: $0.00
by means of:
(X) box
Public Auction
Sealed Bid
Selling for Scrap
Negotiated Sale
Proceeds Returned to Fund:

Traded for: (Other Asset)
Vendor Name:

Traded for: (Other Dept. Asset)
Department:

Transferred: (Asset)
Department:

Attachment IV

ASSET DISPOSITION FORM
(This form to be completed upon the disposition of capital assets, with the exception of exception of equip. for surplus) City of Loma Linda
Regular City Council Staff Report
Report Update and Request for Direction Regarding the Fire Department Therapy Dog Program [Fire] Meeting
Tuesday, May 14, 2024, 7:00 PM
Agenda Group
New Business Item: 5A
To
City Council
From
Dan Harker, Fire Chief
RECOMMENDATION:

It is recommended that the City Council provide direction on whether to proceed with the purchase and implementation of a Fire Department therapy dog.

BACKGROUND:

At the April 9, 2024, City Council meeting, the topic of a Fire Department therapy dog was discussed. After discussion, Fire Department staff was instructed to research this type of program and report back to the City Council with additional information at the May 14, 2024, City Council meeting.

A presentation will be made at the City Council meeting by the Committee established by the Fire Department to discuss the research regarding cost, implementation, and maintenance.

City of Loma Linda
Regular City Council Staff Report
Council Bill #R-2024-16- A Resolution to Approve the Measure I 5-year CIP Project for Fiscal Year 2024/25 through Fiscal Year 2028/29 [Public Works]
Meeting
Tuesday, May 14, 2024, 7:00 PM
Agenda Group
New Business Item: 5B
To
City Council
From
T Jarb Thaipejr, City Manager
Attachments
2025-2029 CIP_Report_Template Attach B.pdf
2025-2029 MICIP Expenditure Strategy.pdf
2025-2029 MICIP Resolution Attach E.pdf
5 Year CIP - Street Improvements-2024-2025 to 2028-2029.pdf RECOMMENDATION:

It is recommended that the City Council adopt Council Bill #R-2024-16, approving the City’s Measure I Five-Year Capital Improvement Plan.

BACKGROUND:

Cities in San Bernardino County are required to adopt a Five-Year Capital Improvement Plan (CIP) for Measure I projects.

Measure I revenues are generated by the County-wide transportation ½ percent sales tax program which is administered by the San Bernardino County Transportation Authority (SBCTA).

ANALYSIS:

The City Council approved the 5-Year CIP incorporated in the annual budget for fiscal year 2024-25. The CIP list includes street maintenance/improvement projects. The proposed Measure I 5-Year CIP complies with the City’s approved 5-Year CIP.

City Council may change the Measure I Plan at any time to re-prioritize projects. Please refer to Attachment B, which lists proposed projects for the five years from FY 2024-2029. As noted in the attachment, the expenditure over the 5 years is estimated to be $4,000,000. The Measure I revenue estimate, as provided by SBCTA, is $3,471,466 over the same period.

The difference of $528,534 will be funded from the previous year’s carryover of Measure I and/or project adjustments, as needed.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

There is no fiscal impact as projects are not required to be constructed, planning documents only.

Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/24 Carryover Balance $76,859.07
FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue FY2028/29 Est. Revenue Total Est. Rev. $658,654 $673,351 $692,482 $711,333 $735,647 $3,471,466 Projects:

Pavement rehabilitation on Redlands Boulevard from Anderson Street to Mountain View Avenue, Richardson Street from Redlands Boulevard to north city limit, Beaumont Avenue from Mountain View Avenue to Bryn Mawr Avenue, Caifornia Street from Barton Road to Orange Avenue, Whittier Avenue from UPRR to Beaumont Avenue, Tracts 11516, 13046, 13705, 13943, 16650

0.0% 0.0% $0 $750,000 $0 $0 $0 $0 $750,000
Pavement rehabilitation on Lawton Avenue from Bryn Mawr Ave to Whittier Ave, Mountain View Ave from Lawton Ave to Beaumont Ave, Beaumont Ave from Bryn Mawr Ave to UPRR, New Jersey St from Barton Road to Orange Ave, Tracts 14544, 14552, 14545, 15071

0.0% 0.0% $0 $0 $750,000 $0 $0 $0 $750,000
Pavement rehabilitation on Redlands blvd from west city limit to Anderson street and from Montain View Ave to California St, Bryn Mawr Ave from Beaumont Ave to Lawton Ave, Coloma St from Redlands Ave to Park Ave and from Cottage St to State St, Curtis St from Van Leuven ST to Park Ave, State St, Lane St, Lilac St from Cottage St to south end of the cul-de-sac, Shedden St

0.0% 0.0% $0 $0 $0 $750,000 $0 $0 $750,000
Pavement rehabilitation on Poplar Street, Seamont Drive, Ohio Street, Court Street, and Lind Avenue 0.0% 0.0% $0 $0 $0 $0 $750,000 $0 $750,000 Lawton Avenue from Anderson Street to Bryn Mawr Avenue 0.0% 0.0% $0 $750,000 $750,000 Sidewalks - citywide 0.0% 0.0% $0 $50,000 $50,000 $50,000 $50,000 $50,000 $250,000

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
[email protected]
Loma Linda
Current
Estimate
Current
Estimate Total CurrentEstimate
Current
Estimate
Current
Estimate
Jurisdiction:
5/14/2024
T. Jarb Thaipejr, City Manager
(909) 799-2811
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2024/2025 thru 2028/2029

Page 1 of 2 ends

Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email: [email protected]
Loma Linda
Jurisdiction:
5/14/2024
T. Jarb Thaipejr, City Manager
(909) 799-2811
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2024/2025 thru 2028/2029

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
$800,000 $800,000 $800,000 $800,000 $800,000 $4,000,000 Total Programming is currently 113% Total Estimated Programming: $4,000,000 Projects Total:
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)

Page 2 of 2 ends

ATTACHMENT D

CITY OF LOMA LINDA

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY
Fiscal Year 2024/2025 thru 2028/2029
The City of Loma Linda is intent upon efficiently maintaining our existing roadway system. The streets in Loma Linda are constructed of asphalt concrete (AC). These streets are in various stages of their life expectancy. A typical AC street improvement has a life expectancy of 15-20 years. Through proper pavement management, this can be extended by as much as 20 years. Our strategy is to utilize a combination of slurry seal method, grind and overlay the top 0.1’ and pulverize existing AC for base and repave for rehabilitation. This pavement management program has shown to be effective in delaying the eventual complete reconstruction, including subgrade, of a roadway segment.

Measure I funding is critical to this effort. We have dedicated the majority of funding to maintenance activities as described above along with the adjacent sidewalk, curb and gutter and access ramp maintenance. A portion of funding is earmarked for addressing increased capacity demand along certain segments that have experienced growth. New roadway segments are considered and addressed through development planning. Development impact fees are utilized for expansion due to growth. The current carryover balance in the Measure I Local Street fund will be utilized first.

ATTACHMENT C
RESOLUTION NO. 2024-16

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA,

STATE OF CALIFORNIA, ADOPTING THE M E A S U R E I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY2024/2025 THROUGH FY2028/2029 WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and
WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-01 require each local jurisdiction to maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of Loma Linda is $184,626; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Loma Linda, State of California, that the Measure I Five-Year Capital Improvement Plan, attached to this resolution as Exhibit A, is hereby adopted.

PASSED AND ADOPTED at a meeting of the City Council of the City Loma Linda held on ______________, 2024.
_____________________
Mayor
ATTEST:
_____________________
City Clerk

Loma Linda City CouncilMay 14, 2024

Loma Linda City Council
May 14, 2024