Loma Linda City Council
September 24, 2024

CITY OF LOMA LINDA

FIRE MANAGEMENT GROUP

SUCCESSOR MOU LABOR NEGOTIATIONS

CITY RESPONSE TO FIRE MANAGEMENT UNIT
September 17, 2024
The City of Loma Linda (“City”) hereby provides the following response to the proposal from the Fire Management Group related to successor MOU negotiations. New language appears in bold, underline font, and deletions appear in strikethrough. Except as reflected herein, the City desires to maintain current contract language.

TERM
July 1, 2024 – June 30, 2025
ARTICLE 1. PREAMBLE AND RECOGNITION
[…]
B. Recognition: The Fire Management Group is an association for the personnel employed in the following Fire Department positions:

Fire Marshal
Fire Battalion Chief
Fire Chief
In the event future management positions are created, the parties will discuss whether the position should be included within the Fire Management Unit.

ARTICLE 3. COMPENSATION
Effective on the commencement of the first full pay period after July 1, 2024, 5% across the board salary increase.
(The City will delete reference to the raises provided in prior years.) ARTICLE 7. FRINGE BENEFITS

1. Cafeteria Plan Contribution. The City’s contribution toward the Employee Insurance and Deferred Compensation Program for the purchase of health (CalPERS plans), dental (Delta Dental) and vision (VSP) insurances shall be capped at $2,100 per month. Any

additional contribution necessary to maintain group medical insurance shall be borne solely by the employee. Any increases to the monthly cap will be addressed through the labor negotiation process.

The City shall contribute $1,700.00 monthly for group medical, dental, vision insurance and deferred compensation program. Any additional contribution necessary to maintain group medical, dental, and vision insurance or deferred compensation shall be borne solely by the employee.

The City will increase its contribution to the cafeteria spending in accordance with the percentage increase in cafeteria costs. The City will increase its contribution to the cafeteria plan by 2.5% effective July 4, 2021, or the first pay period after ratification and adoption of this agreement by the City Council, whichever date is later, and will subsequently increase the benefit in relation to direct cost increase of the weighted average % (sum of City employees per plan times percent increase divided by the sum of City employees) rounded up to the nearest one tenth of a percent (0.1%) each January 1 for the remaining term of the agreement.

ARTICLE 8. HOLIDAYS
A. Holiday Pay. Full-time safety employees working twenty-four (24) hour shifts shall receive twelve (12) hours of pay at their 56-hour hourly pay rate for each scheduled holiday and such pay shall be six (6) hours of their 56-hour hourly pay rate for one-half day holidays. The amount of compensation associated with the nine (9) 12-hour and two (2) 6-hour holidays (one hundred twenty [120] hours) shall be equally divided amongst twenty-six (26) pay periods.

The other two (2) holidays shall be available for employee use as Floating Holidays.

Employees within the Fire Management Group assigned to a 40-hour week shall receive ten (10) hours of pay at their 40-hour hourly rate for each scheduled holiday and such pay shall be five (5) hours of their 40-hour hourly rate for one-half day holidays. In addition, employees within the Fire Management Group assigned to a 40-hour week shall receive one (1) floating holiday (similar to all other 40-hour City employees).

ARTICLE 9. LEAVES
A. Paid Leave.
[…]

1. Accrual – Fire Management assigned to the 56-hour work schedule shall accrue paid leave in accordance with the following:

Years of Continuous Service Hours Accrued Per
Month
Maximum Hours
Permitted In
Employees Account

1 Month - 71 months 16 312
72 – 131 21 432
132 22 456
144 23 480
156 24 504
168 25 528
180 + 26 552
1 Month - 5 years
6 – 10
11 12
13 14
15 +

2. Accrual – Fire Management assigned to the 40-hour work schedule shall accrue paid leave in accordance with the following:

Years of Continuous Service Hours Accrued Per
Month
Maximum Hours
Permitted In
Employees Account
1 Month - 71 months 10.67 208
72 – 131 14 288
132 14.66 304
144 15.33 320
156 16 336
168 16.66 352
180 + 17.33 368
1 Month - 5 years
6 – 10
11 12
13 14
15 +
[…]

3. Paid Leave Usage
a. Employees may not take paid leave during their first ninety (90) days of service. Other than for personal illness or injury or illness or injury of an employee’s child, parent, spouse, or domestic partner, Fire Management group members shall notify the Fire Chief prior to taking leave. The Fire Chief shall notify the City

Manager prior to taking paid leave. The paid leave may be denied if the time off interferes with the needs of the Department.
b. Paid leave shall be taken at a time determined by the Fire Chief or his/her designee with due regard for the wishes of the employee and particular needs of the service. c. An employee shall request to take paid leave, for other than their personal illness or injury or illness or injury of the employee’s child, parent, spouse, or domestic partner, to their supervisor at least two (2) calendar days prior to the intended start of the leave. b. With the exception of employees serving an original probationary period, employees working on a shift basis must take a minimum seventy-two (72) hours in each anniversary period.
c. An employee’s paid leave account will not be affected by municipal holidays that occur while the employee is absent on paid leave.

4. Pay for Unused Leave
Upon termination separation an employee will be paid at his/her base hourly rate for all unused hours in his/her paid leave bank. Such payment shall not be construed as extending the employee’s period of employment.
[…]
C. Sick Leave
[…]

4. Pay for Unused Sick Leave
c. Upon termination separation, safety employees working a twenty four (24) hour shift…

PARITY CLAUSE
In the event another employee group/bargaining unit receives a higher base salary increase or higher contribution toward health insurance benefits than those referenced herein, the City agrees to provide the same to the Fire Management group. This parity clause is only applicable to the parties’ current labor negotiations.

SALARY SURVEY
The City agrees to conduct a City-wide total compensation survey to be completed by April 2025.

The City agrees to meet and confer with the Fire Management group regarding the parameters of the survey including which comparable agencies will be used. Upon completion of the survey, the City will meet with the group to discuss the results of the survey.

City of Loma Linda
Regular City Council Staff Report
Approve Three-Year Lease Agreement with San Bernardino County for the Library (Contract No. 08-431 A-6) [Public Works]
Approve three-year lease agreement for contract term: 11/01/2024 - 10/31/2027 Meeting
Tuesday, September 24, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3M
To
City Council
From
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council authorize the Mayor to sign the three-year lease extension.

BACKGROUND:

In 2008, the San Bernardino County Library signed an agreement to lease facilities within the civic center complex for a local branch library. The original four-year agreement has been extended multiple times. This request seeks to continue our partnership with the County to provide ongoing library services.

ANALYSIS:

The Loma Linda Branch Library is a very busy branch in the County system. The County is requesting a lease extension from November 1, 2024, through October 31, 2027, with one (1) three-year option to extend the term of the lease, adjust the rate schedule and amend certain terms of the lease as agreed upon between the City of Loma Linda and County of San Bernardino. The monthly base rental shall increase to:
11/01/2024 to 10/31/2025 - Base Rent to be $7,480.00;
11/01/2025 to 10/31/2026 - Base Rent to be $7,540.00;
11/01/2026 to 10/31/2027 - Base Rent to be $7,601.00.

The Custodial fees are to remain at $2,050.00/month.  The County will continue to provide staff, materials and programming to operate library.

ENVIRONMENTAL IMPACT:

None.

FINANCIAL IMPACT:

Lease payments cover City costs to maintain facility.

Attachments
Library Lease - CON-RESD-LIB-100824-Lease Amd w City of Loma Linda-08-431 A6 (DVH).pdf Standard Contract Page 1 of 3

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Real Estate Services Department
Department Contract Representative Terry W. Thompson, Director Telephone Number (909) 387-5252
Contractor City of Loma Linda
Contractor Representative T. Jarb Thaipejr, City Manager Telephone Number (909) 799-2810
Contract Term 11/1/24 – 10/31/27
Original Contract Amount $1,452,720.00
Amendment Amount $356,944.66
Total Contract Amount $1,809,664.66
Cost Center 7810001000
GRC/PROJ/JOB No. 60002458
Internal Order No.

Grant Number (if applicable)
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, San Bernardino County (“COUNTY”), as tenant, and the City of Loma Linda (“LANDLORD”), as landlord, entered into Lease Agreement, Contract No. 08-431 dated June 3, 2008, and amended by the First Amendment dated December 4, 2012; the Second Amendment dated December 2, 2014; the Third Amendment dated December 20, 2016; the Fourth Amendment dated December 4, 2018; and the Fifth Amendment dated December 8, 2024; (collectively, the “Lease”) wherein LANDLORD leases certain premises located at 25581 Barton Road, Loma Linda, CA, as more specifically set forth in the Lease; which expired dated December 31, 2023; and has continued on a permitted month to month holdover; and WHEREAS, the COUNTY and LANDLORD now desire to amend the Lease to reflect the parties’ agreement to extend the term of the Lease for three (3) years from November 1, 2024 through October 31, 2027, add one (1) three-year option to extend the term of the Lease, adjust the rental rate schedule, and amend certain other terms of the Lease as more specifically set forth in this amendment (the “Sixth Amendment”).

NOW, THEREFORE, in consideration of mutual covenants and conditions, effective as of November 1 , 2024 unless otherwise expressly provided herein, the parties hereto agree the Lease, is amended as follows:

1. EXTEND the term of the Lease as provided in Paragraph 3, TERM, for three (3) years from November 1, 2024 through October 31, 2027 (the “Sixth Extended Term”).

Contract Number
08-431 A-6
SAP Number
Revised 3/14/19 Page 2 of 3

2. Effective November 1, 2024, DELETE in its entirety the existing Paragraph 4.a. RENT, and SUBSTITUTE therefore the following as a new Paragraph 4.a. RENT:

4. RENT:
a. COUNTY shall pay to LANDLORD the following monthly rental payments in arrears on or before the last day of each month commencing when the Sixth Extended Term commences and continuing through the Sixth Extended Term, as more specifically reflected and included in the amounts set forth below:

Lease Year Base Rent (6,081 SF) Custodial (6,081 sf) Regular Monthly Rental Payment 11/1/2024 thru 10/31/2025 $7,787.00/month $2,050.00/month $9,837.00/month 11/1/2025 thru 10/31/2026 $7,864.87/month $2,050.00/month $9,914.87/month 11/1/2026 thru 10/31/2027 $7,943.52/month $2,050.00/month $9,993.52/month

3. DELETE in its entirety the existing Paragraph 5, OPTION TO EXTEND TERM, and SUBSTITUTE therefore the following as a new Paragraph 5, OPTION TO EXTEND TERM:

5. OPTION TO EXTEND TERM:
a. LANDLORD gives COUNTY the option to extend the term of the Lease on the same provisions and conditions, except for the monthly rent (provided that monthly rent shall continue to be payable based on 6,081 square feet of the Premises), for one (1) three-year period (“extended term”) following expiration of the then current term, by COUNTY giving notice to exercise the option to LANDLORD on or prior to the expiration of the then current term or at any time during any holding over pursuant to Paragraph 7, HOLDING OVER. The rent for the extended term shall be adjusted by good faith negotiation of the parties to the fair market rental rate then prevailing based upon the rental rates of comparable leased premises in San Bernardino County. b. If the parties have been unable to agree on the fair market rental rate within five (5) months of COUNTY's exercise of its option, said fair market rental rate (based on 6,081 square feet) shall be determined through arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. During the period between the expiration of the then current term of the Lease and the determination of the fair market rental rate by arbitration, COUNTY shall continue to pay the monthly rent in effect for the month immediately preceding the expiration of the then current term of the Lease. If the fair market rental rate is determined by arbitration and COUNTY does not, for any reason, agree with such determination, COUNTY shall have the right to terminate the Lease by providing LANDLORD with written notice not later than thirty (30) days after COUNTY’s receipt of the arbitration-determined fair market rental rate. In the event COUNTY does not so terminate the Lease, COUNTY shall commence paying the arbitration-determined fair market rental rate for the month immediately following COUNTY’s receipt of the arbitration-determined fair market rental rate and for the duration of the extended term. The parties agree to equally split the cost of the arbitration filing, hearing, and arbitrator fee; all other costs for the arbitration, including, but not limited to, any attorneys’ fees shall be the sole responsibility of each party.

4. This Sixth Amendment 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 Sixth Amendment. The parties shall be entitled to sign and transmit an electronic signature of this Sixth Amendment (whether by facsimile, PDF, or other mail 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 Sixth Amendment upon request.

Revised 3/14/19 Page 3 of 3

5. All other provisions and terms of the Lease shall remain the same and are hereby incorporated by reference. In the event of any conflict between the Lease and this Sixth Amendment, the provisions and terms of this Sixth Amendment shall control.

END OF SIXTH AMENDMENT.

Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department John Tubbs II, Deputy County Counsel Lyle Ballard, Real Property Manager, RESD Date Date Date

SAN BERNARDINO COUNTY CITY OF LOMA LINDA
By
Dawn Rowe, Chair, Board of Supervisors
Dated: Name Phillip Dupper

SIGNED AND CERTIFIED THAT A COPY OF THIS

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Mayor
Lynna Monell
Clerk of the Board of Supervisors
of San Bernardino County
By Dated:

Deputy
Address 25541 Barton Road
Loma Linda, CA 92354
City of Loma Linda
Regular City Council Staff Report
Agreement with Lilburn Corporation to prepare the environmental review documents for Precise Plan of Design No. P21-247 [Community Development]
Approve the Agreement and authorize the use of funds to be deposited as a pass-through fee in the amount of $55,088, which includes a 10% contingency fee.

Meeting
Tuesday, September 24, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3N
To
City Council
From
Lorena Matarrita, Community Development Director
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

Staff recommends the City Council take the following actions:

1. Approve the Agreement with Lilburn Corporation to prepare the environmental review documents for Precise Plan of Design No. P21-247, a proposed 66-unit residential apartment complex on Barton Road; and,

2. Authorize the use of funds to be deposited as a pass-through fee in the amount of $55,088, which includes a 10% contingency fee. These funds will be paid by the applicant to cover the costs of the environmental review.

BACKGROUND:

The City has received a Precise Plan of Design application for a proposed 66-unit residential apartment complex, comprising four three-story buildings on an approximately 5-acre vacant lot along Barton Road. The project site falls within the HighDensity Residential (R-3) General Plan Land Use Designation (0-13 du/ac) and Zoning District, and is also located within the Historic District.

To comply with the California Environmental Quality Act (CEQA), an environmental review is required to assess the potential environmental impacts of the proposed project. This review will include the preparation of technical studies to analyze aspects such as traffic, biological resources, and other environmental factors.

ANALYSIS:

On August 21, 2024, staff published a Request for Proposals on the City website and distributed it to fifteen firms, inviting them to submit proposals for the environmental analysis of the project. The City received six responses, with costs ranging from $32,000 to $157,000, reflecting a variety of approaches to the environmental review process.

After reviewing all proposals, Lilburn Corporation was selected. The City has successfully worked with Lilburn in the past.

Their proposal offered the best balance of cost and completion time, making it the most cost-effective option. Additionally, Lilburn meets all the qualifications and has extensive experience with environmental reviews. Their knowledge of the City's General Plan, Development Code, and Measure V further ensures they are well-equipped to handle this project efficiently and effectively.

At this time, it is anticipated that the consultant will prepare a Consistency Analysis Memorandum in compliance with Section 15183 of the CEQA Guidelines, which allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an Environmental Impact Report (EIR) was certified. However, if additional information arises during the preparation of the studies or if there are changes to the project site, it is understood that the level of environmental review may need to be elevated accordingly. In such cases, a change order will be required, and associated costs will be adjusted to reflect the expanded scope of work.

FINANCIAL IMPACT:

This Agreement will not result in any financial impacts to the City. The associated costs will be borne by the applicant, as indicated by the request to use funds deposited by the applicant as a pass-through fee in Account No. 0110000-22007.

ATTACHMENT:

A. Professional Services Agreement
Exhibit A: City’s Request for Proposal (Requested Tasks and Deliverables) Exhibit B: Lilburn Corporation’s Schedule and Cost Estimate Attachments
Attachment A - Professional Services Agreement and Exhibits.pdf

CITY OF LOMA LINDA

AGREEMENT FOR CONSULTANT SERVICES

FOR ENVIRONMENTAL REVIEW AND PREPARATION OF CEQA DOCUMENTATION THIS AGREEMENT is made and effective as of September 24, 2024, between the City of Loma Linda, a municipal corporation ("City") and Lilburn Corporation, a California corporation, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on September 24, 2024 and shall remain and continue in effect until June 30, 2025, unless otherwise terminated pursuant 4to the provisions of this Agreement.

2. SERVICES
Consultant shall act as the plan reviewer and perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is set forth in Exhibit B.

3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, 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.

4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant.

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, based upon actual time spent on the above tasks.
(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.
(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.

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 thirty (30) 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. Consultant also may terminate this Agreement by serving upon the City at least thirty (30) days prior written notice. (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 of value to the City. 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 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. (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. 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.
(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. (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 $1,000,000 per occurrence, and $2,000,000 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 $1,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided by means of a non-owned 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 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 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 by 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 NonContributory 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.

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

sub-agreement, 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 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: Cheryl A. Tubbs
Lilburn Corporation
1905 Business Center Drive
San Bernardino, CA 92408

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 municipal, 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. CONTENTS OF REQUEST FOR PROPOSAL
Consultant is bound by the contents of City’s Request for Proposal, Exhibit A hereto, and the contents of the proposal submitted by Consultant, Exhibit B hereto. In the event of conflict, the terms and requirements of the City’s Request for Proposal and this Agreement shall take precedence over those contained in the Consultant’s proposals.

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.

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 the Loma Linda Municipal Code, 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. 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.

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:

Signature Signature
Name: T. Jarb Thaipejr ___________ Name:

Typed/Printed Typed/Printed
Title: City Manager Title: _
ATTEST:
____________________
Lynette Arreola, City Clerk

EXHIBIT A
Requested Tasks and Deliverables for CEQA Documentation Excerpts from Pages 1-3 of the City’s Request for Proposal

EXHIBIT B
Schedule of Performane and Cost Estimate
Excerpts from Pages 42 and 46 of Lilburn Corporation’s Proposal City of Loma Linda
Regular City Council Staff Report
Amendment to the Professional Services Agreement with Romo Planning Group to include an Air Quality Analysis for the proposed LLU Pediatric Medical Office Building - Precise Plan of Design No. P23-180 [Community Development]
Approve the Agreement Amendment in an amount not to exceed of $7,500 for processing the environmental review.

Meeting
Tuesday, September 24, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3O
To
City Council
From
Nicole Campbell, Associate Planner
Via
Lorena Matarrita, Community Development Director
RECOMMENDATION:

Staff recommends the City Council take the following actions:

1. APPROVE the amendment to the Agreement with Romo Planning Group to increase the contract amount to a not-to-exceed total of $7,500 for an Air Quality Analysis for processing the environmental review of Precise Plan of Design No. P23-180 Loma Linda University Building Pediatric Medical Office Building (LLU PMOB); and,

2. AUTHORIZE the use of funds to be deposited in the amount of $8,250, which includes a 10% contingency fee, as a pass-through fee to be paid for by the applicant to cover the costs of the contract planning services.

BACKGROUND AND ANALYSIS:

The City received a Precise Plan of Design application for a five-story, 105,000-square-foot medical office building proposed on an existing parking lot located at the southeast corner of Barton Road and Anderson Street (APN:
0284-191-23). To comply with the California Environmental Quality Act (CEQA), an environmental review is required to assess the potential impacts of the proposed project.

On June 11, 2024, the City Council approved an agreement with Romo Planning Group to prepare the necessary documents for the environmental review of Precise Plan of Design No. P23-180, Loma Linda University Building Pediatric Medical Office Building (LLU PMOB). The review process previously included assessments for cultural resources, greenhouse gas analysis, traffic analyses (VMT), and noise studies.

During the review process, the consultant determined that an additional air quality study is necessary to comply with CEQA. This additional study will cost $7,500, requiring an amendment to the original agreement with Romo Planning Group. The amendment will increase the contract amount to a not-to-exceed total of $7,500 for the completion of the air quality analysis. See the attached revised Scope of Work for details.

Approving the amendment to the agreement of services would authorize the City to deposit an additional $8,250 in a pass-through account, paid by the applicant, to cover the costs of the added study and required 10% contingency.

FINANCIAL IMPACT:

This amendment to the agreement with Romo Planning Group to prepare the environmental studies will not result in any financial impacts to the City. The associated costs will be borne by the applicant, as indicated by the request to use funds deposited by the applicant as a pass-through fee in Account No. 0110000-22007.

Attachments
Attachment A - Amendment to RPG Agreement.pdf
Attachment B - Revised Scope of Work.pdf

AMENDMENT TO AGREEMENT

WITH ROMO PLANNING GROUP FOR PROFESSIONAL SERVICES
This Agreement is made effective as of September 24, 2024, by and between the City of Loma Linda, a municipal corporation (“City”) and Romo Planning Group, a California Corporation (“Consultant”), and collectively designated as the “Parties.”

RECITALS
WHEREAS, the Parties previously entered into an Agreement for Professional Services on June 11, 2024, for professional services relating to the environmental review of Precise Plan of Design No. P23-180, Loma Linda University Loma Linda University Pediatric Medical Office Building (“Agreement”); and
WHEREAS, the Agreement included preparation of the necessary documents for processing the environmental review of the proposed project, which covered assessments for cultural resources, greenhouse gas analysis, traffic analyses (VMT), and noise studies; and WHEREAS, during the review process, it was determined that an air quality study is required to comply with the California Environmental Quality Act (CEQA); and WHEREAS, the City desires the Consultant to conduct the additional air quality analysis and provide the necessary documentation to ensure CEQA compliance; and WHEREAS, the additional air quality study will cost $7,500, and an amendment to the agreement is required to cover this cost.

AGREEMENT
NOW, THEREFORE, IT IS AGREED by and between City and Consultant to amend the Agreement as follows:

1. Section 5 (a) PAYMENT of said Agreement shall be amended to provide that the amount payable to the Consultant shall not exceed $7,500 for the total term of the Agreement unless additional payment is approved as provided in the Agreement.

2. Section 5 (b) PAYMENT of said Agreement shall be amended to provide that in no event shall the total compensation to the Consultant exceed $8,250, which includes the 10% amount the City Manager may approve.

3. Except as modified above, all other terms and provisions of the Agreement shall remain in full force and effect.

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

CITY OF LOMA LINDA ROMO PLANNING GROUP
By: By:

City Manager or Designee (Name and Title)
Attest:

By: By:

City Clerk (Name and Title)

City of Loma Linda
Regular City Council Staff Report
Agreement with Packet Fusion Inc. for VoIP Phone Services [Information Systems] Approve Agreement for 3 years at $53,777.55 at $17,925.85 annually.

Meeting
Tuesday, September 24, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3P
To
City Council
From
Kyle MacGavin, Information Systems Manager
RECOMMENDATION:

It is recommended that the City Council approve the agreement with Packet Fusion Inc. for VoIP Phone Services.

BACKGROUND:

The City has been using the same phone system for over a decade with consistent upgrades to keep it modernized and operational. The City's current phone system manufacturer was bought out, the system is approaching end of life, and the system has reached a point of near obsolescence requiring a complete replacement. The city operates just under 100 phones in its current environment including desk phones, counter phones, room phones, and conference phones.

ANALYSIS:

Three VoIP providers were analyzed and the Zoom solution via Packet Fusion was found to have the most useful features at a competitive price. For this project The City exercised the governmental cooperative purchasing agency NASPO which formally conducts requests for proposals on behalf of government agencies for competitive pricing. This agreement is for 3 years at $53,777.55 broken up as $17,925.85 annually. This agreement has been reviewed by the city attorney.

ENVIRONMENTAL IMPACT:

There is no environmental impact.

FINANCIAL IMPACT:

Funds have been budgeted for FY 2024-2025 and are allocated to the 51830 (Contracts) and 58845 (Tech Systems) city wide accounts.

Attachments
PFI - Zoom Services Reseller Customer Agreement - City of Loma Linda 08.13.24.pdf 1 PACKET FUSION, INC.

ZOOM SERVICES RESELLER CUSTOMER AGREEMENT
This Zoom Services Reseller Customer Agreement (the “Agreement”) sets forth terms under which Packet Fusion, Inc., a California corporation (“Company” or “PFI”) shall distribute, resell or refer the Zoom Service(s) to City of Loma Linda, (“Customer”). This agreement is effective as of the date of signing and will remain in effect for all future orders or purchases of Zoom Services or other services from Company. Capitalized terms shall have the meanings defined in the Agreement. In consideration of the mutual promises and obligations in the Agreement, the sufficiency of which is hereby acknowledged, the parties agree as follows.

1. SERVICES AND TERMS OF SERVICE

1.1. Zoom Service(s). Company is authorized to resell or distribute Zoom Meeting Services, Zoom Phone Services and other Zoom Services as more fully described in the Zoom Services Description available at ********explore.zoom.us/en/services-description/. Each Customer’s purchase of Zoom Services shall be placed with Company on one or more Orders in accordance with this Agreement and the Reseller Customer Terms of Service. Each Order shall be deemed to be included in the Agreement as an attachment to Exhibit 1 of this Agreement.

1.2. Professional Services. Company is authorized to resell Zoom professional services or may provide its own installation and other professional services as requested by the Customer. Such services shall be described on one or more Statements of Work signed by Company and Customer that reference this Agreement (“SOW” or “Statement of Work”). Each such SOW shall be deemed to be included in the Agreement as an additional attachment to Exhibit 2 of this Agreement.

1.3. Delivery and Installation. All risk of loss passes to customer upon delivery of any purchased equipment to the installation site. The equipment delivery date shall be at a time to be mutually agreed upon by the parties. Title to any equipment purchased from PFI shall pass to customer upon the date that the equipment is delivered to the installation site.

1.4. Zoom Reseller Customer Terms of Service. Customer’s use of and access to Zoom’s website, products, services and associated software is conditioned upon compliance with and acceptance of the Reseller Customer Terms of Service. By signing this Agreement Customer acknowledges that is has read, understands and will comply with these Reseller Terms of Service and all other Zoom notices and terms.

The full Zoom Reseller Customer Terms of Service are available at https://explore.zoom.us/en/eulaterms-of-service.

1.5. Zoom Phone Native Services. If Customer chooses to procure Zoom Phone Native Service, such choice is said to be a directive and mandate to the Company to procure Zoom Phone Native on Customer’s behalf for the benefit of the Customer and its end users (the “Mandate”). All Zoom Phone Native Services are subject to Mandatory Flow Down Terms which are included in this Agreement as Exhibit 3.

2. SERVICE FEES, BILLING AND PAYMENT

2.1. Service Fees. Shall mean the fees that Zoom charges for the Service(s) for each Customer.

2.2. Metered and Variable Billings. Zoom Phone Native Services that are subject to metered/variable billing and are billed based on the Customer’s use and consumption. For clarity, metered/variable billings are considered additional Service Fees. Company shall bill in arrears for usage on a metered/variable billing plan based on the number of call minutes the Customer utilizes in the prior month, multiplied by the applicable Zoom Phone Native Services calling rates set forth at https://zoom.us/billing/pbx/rates. 2 2.3. Professional Services Billing. Customer will be invoiced for the Professional Services Fees as set forth in each SOW.

2.4. Reimbursable Expenses. Customer will reimburse all pre-approved travel and other expenses incurred in connection with the delivery of services under this Agreement.

2.5. Payment Terms. Unless otherwise stated in any services or sales order, Customer will pay all invoices within thirty (30) days of the date of the applicable invoice by check, ACH or wire transfer. All payments are non-refundable and PFI will charge an administrative fee for returned checks.

2.6. Cost of Collection. Customer shall be liable for any reasonable expenses incurred by Company in collecting any amount due under this Agreement and any Orders, or in enforcing any obligation under this Agreement or any Orders, including without limitation collection agency costs, reasonable attorney’s fees, and court costs.

3. TERM AND TERMINATION

3.1. Term; Automatic Renewal. Each Order Form will specify your Initial Subscription Term and any applicable Renewal Term for the Services. Unless your Order Form expressly states otherwise or applicable Law prohibits automatic renewal, each Renewal Term for the Services will begin automatically at the end of the then-current Initial Subscription Term or Renewal Term; as the case may be, unless either party provides written notice of termination at least sixty (60) calendar days prior to commencement of a Renewal Term.

4. WARRANTIES; DISCLAIMERS

4.1. Where Company acts as a reseller of third-party technology, Company represents and warrants that any third-party technology provider has authorized Company to grant licenses or sublicenses to use their products, including but not limited to the third-party technology, for use in Company’s performance of the solution and Customer’s use in connection therewith.

4.2. The Company technology and third-party technology may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Company is not responsible for any delays, delivery failures, or other damage resulting from such problems.

4.3. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED TO CUSTOMER ON AN “AS IS” ‘WHERE IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS

OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PACKET FUSION MAKES NO

REPRESENTATIONS OR WARRANTIES THAT USE OF THE CLOUD SERVICES WILL BE UNINTERRUPTED, TIMELY, COMPLETE, OR FREE FROM ERROR OR DEFECT.

4.4. Company warrants that any Professional Services or other Services provided by the Company will be performed in a professional and workmanlike manner and in accordance with applicable requirements of each SOW.

5. LIMITATION OF LIABILITY AND INDEMNIFICATION

5.1. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

WILL PACKET FUSION AS RESELLER OF ZOOM SERVICES BE LIABLE FOR ANY SPECIAL, INCIDENTAL,

INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS

INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR

INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER

SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER 3 LEGAL THEORY, EVEN IF ZOOM, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ZOOM’S, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’

MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO FIFTY THOUSAND DOLLARS ($50,000.00).

Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.

5.2. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Packet Fusion as Reseller, its officers, directors, employees, consultants, agents, and Zoom from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the Zoom Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or applicable law. Company agrees to indemnify, defend and hold harmless Customer, its officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Company’s violation of this Agreement or the infringement or violation by Company of any intellectual property or other right of any person or entity or applicable law

6. GENERAL

6.1. Confidentiality. During the course of reselling Zoom Services and any other products or services hereunder, Company may have access to confidential and proprietary information and materials of Customer (“Confidential Information”). Confidential Information includes and is not limited to, information related to past, present or future research, development or business affairs, any proprietary products, software, materials or methodologies, trade secrets or any other information which provides Company with a competitive advantage. Confidential Information shall be used by Company only in conjunction with the provision or performance of this Agreement and shall not be disclosed to any third party. No rights or licenses under patents, trademarks or copyrights are granted or implied by any disclosure of Confidential Information. Upon Customer’s request or completion or termination of this Agreement, Company shall return all Confidential Information to Customer.

Company shall only disclose Customer Confidential Information to subcontractors, employees, officers, directors or affiliates (collectively, “Affiliated Persons”) who have a need to know such Customer Confidential Information in order to perform or provide the Services or other products or services for Customer related to Customer's systems, provided that such Affiliated Persons are subject to written confidentiality obligations with Company protecting Customer’s Confidential Information.

6.2. Security and Data Protection. Customer is solely responsible for instituting and maintaining security safeguards to protect Customer’s systems and data.

6.3. Independent Contractors. Neither party is an employee, agent or representative of the other party.

Neither party shall have any right, power, or authority to enter into any agreement for or on behalf of the other party, or to incur any obligation or liability or otherwise bind the other party. This agreement does not create an association, joint venture, or partnership between the parties nor imposes any partnership liability upon either party.

6.4. Force Majeure. Neither party shall be liable or otherwise responsible for any nonperformance or delay in performance of any of obligations under this Agreement during any period in which performance is prevented or hindered by any Force Majeure event, including by way of example but without limitation, lightning strike and any other acts of God, fire, flood and other severe catastrophic weather conditions, pandemic, war, embargo, union strikes, explosions or riots.

6.5. Assignment and Subcontracting. This Agreement, including any order entered into hereunder, is assignable by either party with the other party’s prior written consent, which consent shall not be unreasonably withheld. Either party may assign this Agreement and orders entered hereunder, in whole or in part, to an affiliate, subsidiary, joint venture, or third party into which said party is merged or 4 which acquires substantially all of a party’s assets or control of said party. Company may freely subcontract any or all of the work hereunder, provided that Company shall retain responsibility for the work subcontracted.

6.6. Notices; Party Representatives. All notices, demands or other writings to be made, given or sent hereunder or which may be so given or made or sent by Customer or Company to the other shall be deemed to have been given in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:

If to Company:

Packet Fusion, Inc.
4305 Hacienda Drive, Suite 440
Pleasanton, CA. 94588
ATTN: Legal
If to Customer:

City of Loma Linda
25541 Barton Road
Loma Linda, CA 92354

6.7. Authority. Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms.

6.8. Disputes. Any controversy, dispute or claim arising out of, or relating to, the interpretation of this Agreement shall be first subject to a thirty (30) day negotiation period between the parties in which each party shall disclose to the other all non-confidential documents, facts, statements and any other relevant information which may have any bearing on this dispute. Should such negotiations fail to resolve the dispute, either party may refer the dispute to arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. The decision of the Arbitrator shall be based, exclusively, upon only this Agreement and the information disclosed by the parties during the negotiation period, and the law of the state in which the equipment is located. The Arbitrator’s decision shall be final and binding, and judgment upon the award rendered may be entered in any court having jurisdiction thereof.

6.9. Governing Law; Entire Agreement. This Agreement, will be governed by the laws of the state of the State of California, constitutes the entire Agreement between the parties and supersedes all prior oral and written proposals and communications. This Agreement takes precedence over the language of any implementing Customer purchase order or similar document. No modification to this Agreement is effective unless in writing and signed by both parties.

6.10. Severability. If any provision of this Agreement is found to be illegal or unenforceable, then such provision shall be modified to the minimum extent necessary, in conformance with the intention of the parties, to cure such invalidity or unenforceability, and the remaining provisions shall continue in full force and effect.

6.11. Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Signatures of parties on copies transmitted by facsimile or electronic signature shall be considered as signed original documents.
5 6.12. Construction; Section Headings. The parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor or against either party, and that any ambiguity shall not be interpreted against the drafting party. The section headings in this Agreement have been inserted merely for convenience, are not a part of this Agreement, and shall not affect the rights and obligations of the parties or the meaning of the language in this Agreement.

6.13. Survival. Sections 4-6 shall survive the expiration or termination of this Agreement.

Packet Fusion, Inc.

By:

Name: Sarah Ashley
Title: Vice President – Operations & Finance
Date:

City of Loma Linda
By:

Name: Jarb Thaipejr
Title: City Manager
Date:
6 EXHIBIT 1

ZOOM SERVICES ORDERS
Exhibit 1 is comprised of all Zoom Services Orders entered into between the parties. 7 EXHIBIT 2

STATEMENT(S) OF WORK
Exhibit 2 is comprised of all SOWs entered into between the parties pursuant to this Agreement. 8 EXHIBIT 3
ZOOM PHONE NATIVE SERVICES – MANDATE
(MANDATORY FLOW DOWN TERMS)

1. Customer Agreement. Company shall state in writing, in each Customer Agreement, the following word for word, and where the word “Company” appears below, that means the party to this Schedule with Zoom:

Customer Mandate for Zoom Phone Native Services (Confidential Information). a. Customer has directed and mandated Packet Fusion, Inc. (“Company”) to procure the single supply of Zoom Phone Native Service on Customer’s behalf, for the benefit of Customer and its end users (the “Mandate”).
b. Company has entered into an agreement with Zoom pursuant to the Mandate, whereby Company matches the Customer to Zoom, and requests Zoom to provide Zoom Phone Native Service for Customer’s benefit and use.
c. Pursuant to the Mandate, Company is responsible for all contracting, billing, and payment collection on behalf of Zoom and related document administration for and from Customer. d. Per telecommunications regulations, Zoom is the provider of the Zoom Phone Native Services to Customer.

2. Customer Agreement for Zoom Phone Native Service. Company must include the following terms in the Customer Agreement for ordering Zoom Phone Native Service:
a. Zoom Phone Numbering Policy. Customer’s use of Zoom Phone Native Services is subject to the Zoom Phone Numbering Policy published at
********explore.zoom.us/docs/doc/Zoom-Phone-Numbering- Policy.pdf. b. Zoom Terms and Policies. Customer’s use of the Zoom Phone Native Service issubject to all applicable Zoom Notices & Policies published at https://zoom.us/legal, and the Zoom Reseller Customer Terms of Service published at: https://zoom.us/docs/en-us/EULAterms-of-service.html (notwithstanding the title of such Reseller Customer Terms of Service, they also apply to Customers of partners acting under Mandate). c. Emergency Services.
i. All applicable emergency calling notices and terms as published on Zoom’s website at https://zoom.us/legal apply to Customer’s use of Zoom Phone Native Services.

3. Emergency Services Limitation of Liability. Company must include the following terms in the Customer Agreement for ordering Zoom Phone Native Service:

EMERGENCY SERVICES LIMITATION OF LIABILITY. NOTHING IN THIS CUSTOMER AGREEMENT IS INTENDED TO IMPLY OR CREATE LIABILITY FOR ZOOM FOR:
a. ANY FAILURE OF EMERGENCY SERVICES, OR INABILITY TO REACH OR USE

EMERGENCY SERVICES INCLUDING WITHOUT LIMITATION DUE TO AN OUTAGE OF ZOOM SERVICES; OR THE INABILITY TO PLACE OR COMPLETE EMERGENCY CALLS

FROM ANY ZOOM-ENABLED DEVICE, CUSTOMER LINE, OR CUSTOMER PREMISES,

OR INABILITY TO ACCESS EMERGENCY PERSONNEL
b. ANY FAILURE OF ANY EMERGENCY RESPONDERS TO RESPOND, OR TO RESPOND

TO THE CORRECT LOCATION WHERE THE EQUIPMENT, CUSTOMER, OR CALLER IS PHYSICALLY PRESENT OR WHERE SUCH EMERGENCY SERVICES ARE REQUIRED; AND c. ANY FAILURE OF EMERGENCY SERVICES, OR INABILITY TO REACH OR USE EMERGENCY SERVICES DUE TO CIRCUMSTANCES OUTSIDE OF ZOOM’S CONTROL INCLUDING BUT NOT LIMITED TO: (A) LOSS OF ELECTRICAL POWER; (B) LOSS 9 OF INTERNET CONNECTIVITY; (C) DEFECTIVE OR MISCONFIGURED EQUIPMENT; (D) NETWORK CONGESTION; (E) DELAYS ASSOCIATED WITH UPDATING THE REGISTERED SERVICE LOCATION; (F) RESTRICTIONS CREATED BY NON-VOICE EQUIPMENT; (G) RELOCATED EQUIPMENT, INCLUDING OUTSIDE OF THE TERRITORY; (H) THE SIMULTANEOUS USE OF ONE LINE WITH MULTIPLE PIECES OF EQUIPMENT; (I) FAILURE OF EMERGENCY RESPONSE CENTERS TO ANSWER AN EMERGENCY CALL; (J) FAILURES OF ANY THIRD PARTIES THAT ARE RESPONSIBLE FOR ROUTING EMERGENCY CALLS; (K) THE USE OF NON-NATIVE TELEPHONE NUMBERS; (L) FAILURE OF ANY EMERGENCY SERVICE PERSONNEL TO CALL BACK DIRECTLY TO

THE NUMBER FROM WHICH AN EMERGENCY CALL WAS MADE OR FAILURE OF EQUIPMENT TO RECEIVE CALLBACKS FROM EMERGENCY SERVICE PERSONNEL; OR (M) NATURAL DISASTERS, FIRES, FLOODS, STORMS, EARTHQUAKES, ACCIDENTS,

WAR, TERRORIST ACTS OR OTHER ACTS OF INSURRECTION, LABOR DISPUTE WITH

REGIONAL IMPACT, OR MALFUNCTION OF UTILITY, COMMUNICATION OR TRANSPORTATION SYSTEMS.

City of Loma Linda
Regular City Council Staff Report
Agreement with Techstrata regarding Support Services [Information Systems/LLCCP] Approve the Agreement on an as-needed basis at an hourly rate.

Meeting
Tuesday, September 24, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3Q
To
City Council
From
Kyle MacGavin, Information Systems Manager
RECOMMENDATION:

It is recommended that the City Council approve the agreement with Techstrata to provide support services to the IS Department and LLCCP.

BACKGROUND:

Techstrata is a leader in information technology services and Internet Services Provider (ISP) management.  They have been a dedicated vendor to The City for over a decade now, and are familiar with the IS department and LLCCP. The IS department and LLCCP is currently understaffed, so the intent is for Techstrata to assist said departments as needed with projects and tasks. This agreement may be exercised to cover IS personnel as well.

ANALYSIS:

This agreement is for services provided on an as needed basis at an hourly rate. The City's per project bid procedures will still apply. This support is in lieu of hiring a full time or contract employee for this transitional period, and solely focused on advanced projects and tasks. This agreement has been reviewed by the city attorney.

ENVIRONMENTAL IMPACT:

There is no environmental impact.

FINANCIAL IMPACT:

Funds are available in the 4405900-51820 Professional Services account.

Attachments
Techstrata_master_service_agreement_2024 (1) (1).pdf
Techstrata Master Agreement_2024 Page 1 of 17
These General Terms (these “General Terms”) are between Techstrata LLC. (“Techstrata”) and the individual or entity that has executed this Master Agreement. To place orders subject to these General Terms, the two Schedules (as defined below) that are attached to these General Terms must be incorporated into these General Terms. If a term is relevant only to a specific Schedule, that term will apply only to that Schedule if and/or when that Schedule is incorporated into these General Terms.

1. “Hardware” refers to computer equipment, components, options, and spare parts resold by Techstrata LLC, which may include third-party hardware products. “Software” refers to software products licensed by Techstrata LLC, including proprietary software developed by Techstrata and third-party software that Techstrata is authorized to resell or distribute. Software includes updates, enhancements, and associated documentation. “Services” refers to technical support, consulting, training, implementation, and any other professional services provided by Techstrata LLC in connection with the Hardware or Software. “Products” collectively refers to Hardware, Software, and Services as offered and sold by Techstrata LLC.
“Programs” refers to the specific software applications licensed to customers under this Agreement and does not include hardware or third-party software unless explicitly stated.

1.1 “Hardware” refers to the computer equipment, including components, options and spare parts.

1.2 “Software” refers to any software or programmable code that is (a) embedded or integrated in the Hardware and enables the functionality of the Hardware or (b) specifically provided to You by Techstrata under Schedule H and specifically listed (i) in accompanying documentation, (ii) on a Techstrata webpage or (iii) via a mechanism that facilitates installation for use with Your Hardware.

Software does not include, and You do not have rights to (a) code or functionality for diagnostic, maintenance, repair or technical support services; or (b) separately licensed applications, operating systems, development tools, or system management software or other code that is separately licensed by Techstrata. For specific Hardware, Software includes Software Options (as defined in Schedule H) separately ordered.

1.3 “Master Agreement” refers to these General Terms (including any amendments thereto) and the two Schedules incorporated into the Master Agreement (including any amendments to those incorporated Schedules). The Master Agreement governs Your use of the Products and Service Offerings ordered from Techstrata or an authorized reseller.

1.4 “Operating System” refers to the software that manages Hardware for Programs and other software.

1.5 “Products” refers to Programs, Hardware, Software and Operating System.

1.6 “Programs” refers to (a) the software owned or distributed by Techstrata that You have ordered under Schedule P, (b) Program Documentation and (c) any Program updates acquired through technical support. Programs do not include Software or any Operating System or any software release prior to general availability (e.g., beta releases).

1.7 “Program Documentation” refers to the Program user manual and Program installation manuals.

Program Documentation may be delivered with the Programs.

1.8 “Schedule” refers to all Techstrata Schedules to these General Terms as identified in Section 2.

1.9 “Separate Terms” refers to separate license terms that are specified in the Program Documentation, readmes or notice files and that apply to Separately Licensed Third Party Technology.

1.10 “Separately Licensed Third Party Technology” refers to third party technology that is licensed under Separate Terms and not under the terms of the Master Agreement.

1.11 “Service Offerings” refers to technical support, education, hosted/outsourcing services, cloud services, consulting, advanced customer support services, or other services which You have ordered.

Such Service Offerings are further described in the applicable Schedule.

GENERAL TERMS
Techstrata Master Agreement_2024 Page 2 of 17

1.12 “You” and “Your” refers to the individual or entity that has executed these General Terms.

2. MASTER AGREEMENT TERM AND APPLICABLE SCHEDULES
This Master Agreement is applicable to the order which this Master Agreement accompanies. As of the Effective Date, the following Schedules are incorporated into the Master Agreement: Schedule H - Hardware and Schedule P - Program.

The Schedules set forth terms and conditions that apply specifically to certain types of Techstrata offerings which may be different than, or in addition to, these General Terms.

3. SEGMENTATION
The purchase of any Products and related Service Offerings or other Service Offerings are all separate offers and separate from any other order for any Products and related Service Offerings or other Service Offerings You may receive or have received from Techstrata. You understand that You may purchase any Products and related Service Offerings or other Service Offerings independently of any other Products or Service Offerings. Your obligation to pay for (a) any Products and related Service Offerings is not contingent on performance of any other Service Offerings or delivery of any other Products or (b) other Service Offerings is not contingent on delivery of any Products or performance of any additional/other Service Offerings. You acknowledge that You have entered into the purchase without reliance on any financing or leasing arrangement with Techstrata or its affiliate.

4. OWNERSHIP
Techstrata or its licensors retain all ownership and intellectual property rights to the Programs, Operating System, Software and anything developed or delivered under the Master Agreement.

5. Techstrata LLC ('Techstrata') will defend, indemnify, and hold harmless the Customer and its directors, officers, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to any third-party claim that the Hardware, Software, or Services provided by Techstrata infringe upon the intellectual property rights of any third party. This obligation is conditioned on the Customer:
- Providing Techstrata with prompt written notice of the claim. - Granting Techstrata full control of the defense and any settlement negotiations. - Providing Techstrata with reasonable assistance in defending the claim, at Techstrata’s expense.

Techstrata's indemnification obligations shall not apply to claims arising from:
- Modifications made by the Customer to any Hardware, Software, or Services not authorized by Techstrata.
- The combination of Techstrata's Products with any other products or services not provided by Techstrata, where the claim arises solely due to such combination.

5.1 Subject to sections 5.5, 5.6 and 5.7 below, if a third party makes a claim against either You or Techstrata (“Recipient” which may refer to You or Techstrata depending upon which party received the Material), that any information, design, specification, instruction, software, data, hardware, or material (collectively, “Material”) furnished by either You or Techstrata (“Provider” which may refer to You or Techstrata depending on which party provided the Material) and used by the Recipient infringes the third party’s intellectual property rights, the Provider, at the Provider’s sole cost and expense, will defend the Recipient against the claim and indemnify the Recipient from the damages, liabilities, costs and expenses awarded by the court to the third party claiming infringement or the settlement agreed to by the Provider, if the Recipient does the following:
a. notifies the Provider promptly in writing, not later than 30 days after the Recipient receives notice of the claim (or sooner if required by applicable law); b. gives the Provider sole control of the defense and any settlement negotiations; and c. gives the Provider the information, authority and assistance the Provider needs to defend against or settle the claim.

5.2 If the Provider believes or it is determined that any of the Material may have violated a third party’s intellectual property rights, the Provider may choose to either modify the Material to be non-infringing (while substantially preserving its utility or functionality) or obtain a license to allow for continued use, Techstrata Master Agreement_2024 Page 3 of 17
or if these alternatives are not commercially reasonable, the Provider may end the license for, and require return of, the applicable Material and refund any fees the Recipient may have paid to the other party for it and, if Techstrata is the Provider of an infringing Program, any unused, prepaid technical support fees You have paid to Techstrata for the license of the infringing Program. If such return materially affects Techstrata’s ability to meet its obligations under the relevant order, then Techstrata may, at its option and upon 30 days prior written notice, terminate the order.

5.3 Notwithstanding the provisions of section 5.2 and with respect to hardware only, if the Provider believes or it is determined that the hardware (or portion thereof) may have violated a third party’s intellectual property rights, the Provider may choose to either replace or modify the hardware (or portion thereof) to be non-infringing (while substantially preserving its utility or functionality) or obtain a right to allow for continued use, or if these alternatives are not commercially reasonable, the Provider may remove the applicable hardware (or portion thereof) and refund the net book value and, if Techstrata is the Provider of infringing Hardware, any unused, prepaid technical support fees You have paid to Techstrata for the Hardware.

5.4 In the event that the Material is Separately Licensed Third Party Technology and the associated Separate Terms do not allow termination of the license, in lieu of ending the license for the Material, Techstrata may end the license for, and require return of, the Program associated with that Separately Licensed Third Party Technology and shall refund any Program license fees You may have paid to Techstrata for the Program license and any unused, prepaid technical support fees You have paid to Techstrata for the Program license.

5.5 Provided You are a current subscriber to Techstrata technical support services for the Operating System (e.g., Techstrata Premier Support for Systems, Techstrata Premier Support for Operating Systems or Techstrata IT Support), then for the period of time for which You were a subscriber to the applicable Techstrata technical support services (a) the phrase “Material” above in section 5.1 shall include the Operating System and the Software and any Software Options that You have licensed and (b) the phrase “Program(s)” in this section 5 is replaced by the phrase “Program(s) or the Operating System or Software or Software Options (as applicable)” (i.e., Techstrata will not indemnify You for Your use of the Operating System and/or Software and/or Software Options when You were not a subscriber to the applicable Techstrata technical support services).

5.6 The Provider will not indemnify the Recipient if the Recipient alters Material or uses it outside the scope of use identified in the Provider’s user documentation or if the Recipient uses a version of Material which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of Material which was provided to the Recipient, or if the Recipient continues to use the applicable Material after the end of the license to use that Material. The Provider will not indemnify the Recipient to the extent that an infringement claim is based upon any information, design, specification, instruction, software, data, or material not furnished by the Provider. Techstrata will not indemnify You for any portion of an infringement claim that is based upon the combination of any Material with any products or services not provided by Techstrata. Solely with respect to Separately Licensed Third Party Technology that is part of or is required to use a Program and that is used: (a) in unmodified form; (b) as part of or as required to use a Program; and (c) in accordance with the license grant for the relevant Program and all other terms and conditions of the Master Agreement, Techstrata will indemnify You for infringement claims for Separately Licensed Third Party Technology to the same extent as Techstrata is required to provide infringement indemnification for the Program under the terms of the Master Agreement. Techstrata will not indemnify You for infringement caused by Your actions against any third party if the Program(s) as delivered to You and used in accordance with the terms of the Master Agreement would not otherwise infringe any third party intellectual property rights. Techstrata will not indemnify You for any intellectual property infringement claim(s) known to You at the time license rights are obtained.

5.7 This section provides the parties’ exclusive remedy for any infringement claims or damages.

6. TERMINATION

6.1 If either of us breaches a material term of the Master Agreement and fails to correct the breach within 30 days of written specification of the breach, then the breaching party is in default and the nonbreaching party may terminate the Master Agreement. If Techstrata terminates the Master Agreement as specified in the preceding sentence, You must pay within 30 days all amounts which have accrued prior to such termination, as well as all sums remaining unpaid for Products ordered and/or Service Techstrata Master Agreement_2024 Page 4 of 17
Offerings received under the Master Agreement plus related taxes and expenses. Except for nonpayment of fees, the non-breaching party may agree in its sole discretion to extend the 30 day period for so long as the breaching party continues reasonable efforts to cure the breach. You agree that if You are in default under the Master Agreement, You may not use those Products or Service Offerings ordered.

6.2 If You have used a contract with Techstrata or an affiliate of Techstrata to pay for the fees due under an order and You are in default under that contract, You may not use the Products and/or Service Offerings that are subject to such contract.

6.3 Provisions that survive termination or expiration are those relating to limitation of liability, infringement indemnity, payment and others which by their nature are intended to survive.

7. FEES AND TAXES; PRICING, INVOICING AND PAYMENT OBLIGATION

7.1 All fees payable to Techstrata are due within 30 days from the invoice date. You agree to pay any sales, value-added or other similar taxes imposed by applicable law that Techstrata must pay based on the Products and/or Service Offerings You ordered, except for taxes based on Techstrata’s income. Also, You will reimburse Techstrata for reasonable expenses related to providing Service Offerings.

7.2 You understand that You may receive multiple invoices for the Products and Service Offerings You ordered. Invoices will be submitted to You pursuant to Techstrata's Invoicing Standards Policy.

8. NONDISCLOSURE

8.1 By virtue of the Master Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under the Master Agreement. Confidential Information shall be limited to the terms and pricing under the Master Agreement and all information clearly identified as confidential at the time of disclosure.

8.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.

8.3 We each agree not to disclose each other’s Confidential Information to any third party other than those set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party. We may disclose Confidential Information only to those employees or agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than under the Master Agreement. Nothing shall prevent either party from disclosing the terms or pricing under the Master Agreement or orders submitted under the Master Agreement in any legal proceeding arising from or in connection with the Master Agreement or disclosing the Confidential Information to a governmental entity as required by law.

9. ENTIRE AGREEMENT

9.1 You agree that the Master Agreement and the information which is incorporated into the Master Agreement by written reference (including reference to information contained in a URL or referenced policy), together with the applicable order, are the complete agreement for the Products and/or Service Offerings ordered by You and supersede all prior or contemporaneous agreements or representations, written or oral, regarding such Products and/or Service Offerings.

9.2 It is expressly agreed that the terms of the Master Agreement and any Techstrata order shall supersede the terms in any purchase order, procurement internet portal or any other similar nonTechstrata document and no terms included in any such purchase order, portal or other nonTechstrata document shall apply to the Products and/or Service Offerings ordered. In the event of Techstrata Master Agreement_2024 Page 5 of 17
inconsistencies between the terms of any Schedule and these General Terms, the Schedule shall take precedence. In the event of any inconsistencies between the terms of an order and the Master Agreement, the order shall take precedence. The Master Agreement and orders may not be modified and the rights and restrictions may not be altered or waived except in a writing signed or accepted online through the Techstrata Store by authorized representatives of You and of Techstrata. Any notice required under the Master Agreement shall be provided to the other party in writing.

10. LIMITATION OF LIABILITY

NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,

OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. TECHSTRATA’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR

RELATED TO THE MASTER AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR

TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF THE FEES YOU PAID

TECHSTRATA UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF SUCH

DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH

LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID TECHSTRATA FOR THE DEFICIENT PRODUCT OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITY.

11. EXPORT
Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Products. You agree that such export laws govern Your use of the Products (including technical data) and any Service Offerings deliverables provided under the Master Agreement, and You agree to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). You agree that no data, information, Product and/or materials resulting from Service Offerings (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.

12. Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, cyberattacks, government restrictions, labor disputes, power outages, or natural disasters. The affected party shall promptly notify the other party in writing of such force majeure event and will make commercially reasonable efforts to mitigate its effects. If the force majeure event continues for more than thirty (30) days, either party may terminate the affected orders with written notice to the other party. This section does not excuse the obligation to pay for Products or Services delivered prior to the force majeure event.

Neither of us shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; pandemic, electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export, import or other license); other event outside the reasonable control of the obligated party. We both will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 30 days, either of us may cancel unperformed Service Offerings and affected orders upon written notice. This section does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or Your obligation to pay for Products and Service Offerings ordered or delivered.

13. This Master Agreement is governed by the laws of the United States and the State of California.

The parties agree to submit to the exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes arising out of or relating to this Agreement.

Techstrata Master Agreement_2024 Page 6 of 17

14. NOTICE
Techstrata LLC ("Techstrata") will defend, indemnify, and hold harmless the Customer and its directors, officers, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to any third-party claim that the Hardware, Software, or Services provided by Techstrata infringe upon the intellectual property rights of any third party. This obligation is conditioned on the Customer:
- Providing Techstrata with prompt written notice of the claim. - Granting Techstrata full control of the defense and any settlement negotiations. - Providing Techstrata with reasonable assistance in defending the claim, at Techstrata’s expense.

Techstrata's indemnification obligations shall not apply to claims arising from:
- Modifications made by the Customer to any Hardware, Software, or Services not authorized by Techstrata.
- The combination of Techstrata's Products with any other products or services not provided by Techstrata, where the claim arises solely due to such combination.

15. ASSIGNMENT
You may not assign the Master Agreement or give or transfer the Programs, Operating System, Software and/or any Service Offerings or an interest in them to another individual or entity.

If You grant a security interest in the Programs, Operating System, Software and/or any Service Offerings deliverables, the secured party has no right to use or transfer the Programs, Operating System, Software and/or any Service Offerings deliverables, and if You decide to finance Your acquisition of any Products and/or any Service Offerings, You will follow Techstrata’s policies regarding financing. The foregoing shall not be construed to limit the rights You may otherwise have with respect to the Linux operating system, third party technology or Separately Licensed Third Party Technology licensed under open source or similar license terms.

16. OTHER

16.1 Techstrata is an independent contractor and we agree that no partnership, joint venture, or agency relationship exists between us. We each will be responsible for paying our own employees, including employment related taxes and insurance.

16.2 If any term of the Master Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective and such term shall be replaced with a term consistent with the purpose and intent of the Master Agreement.

16.3 Except for actions for nonpayment or breach of Techstrata’s proprietary rights, no action, regardless of form, arising out of or relating to the Master Agreement may be brought by either party more than two years after the cause of action has accrued.

16.4 Products and Service Offerings deliverables are not designed for or specifically intended for use in nuclear facilities or other hazardous applications. You agree that it is Your responsibility to ensure safe use of Products and Service Offerings deliverables in such applications.

16.5 If requested by an authorized reseller on Your behalf, You agree Techstrata may provide a copy of the Master Agreement to the authorized reseller to enable the processing of Your order with that authorized reseller.

16.6 You understand that Techstrata’s business partners, including any third party firms retained by You to provide consulting services, are independent of Techstrata and are not Techstrata’s agents.

Techstrata is not liable for nor bound by any acts of any such business partner unless (i) the business partner is providing services as an Techstrata subcontractor in furtherance of an order placed under the Master Agreement and (ii) only to the same extent as Techstrata would be responsible for the performance of Techstrata resources under that order.

16.7 For software (i) that is part of Programs, Operating Systems, Software or Software Options (or all four) and (ii) that You receive from Techstrata in binary form and (iii) that is licensed under an open source Techstrata Master Agreement_2024 Page 7 of 17
license that gives You the right to receive the source code for that binary.

16.8 Techstrata may refer to You as a Techstrata customer of the ordered Products and Service Offerings in sales presentations, marketing vehicles and activities.

Techstrata Master Agreement_2024 Page 8 of 17
This Hardware Schedule (this "Schedule H") is a Schedule to the General Terms to which this Schedule H is attached. The General Terms and this Schedule H, together with the attached Schedule P, are the Master Agreement. This Schedule H shall co-terminate with the General Terms.

1. “Hardware” refers to computer equipment, components, options, and spare parts resold by Techstrata LLC, which may include third-party hardware products. “Software” refers to software products licensed by Techstrata LLC, including proprietary software developed by Techstrata and third-party software that Techstrata is authorized to resell or distribute. Software includes updates, enhancements, and associated documentation. “Services” refers to technical support, consulting, training, implementation, and any other professional services provided by Techstrata LLC in connection with the Hardware or Software. “Products” collectively refers to Hardware, Software, and Services as offered and sold by Techstrata LLC.
“Programs” refers to the specific software applications licensed to customers under this Agreement and does not include hardware or third-party software unless explicitly stated.

1.1 “Commencement Date” for the Hardware, Operating System and Software refers to the date the Hardware is delivered. For Software Options, the Commencement Date refers to the date the Hardware is delivered or the effective date of the order if shipment of Hardware is not required.

1.2 Hardware: Refers to computer equipment, components, options, and spare parts resold by Techstrata LLC, which may include third-party hardware products.

Software: Refers to software products licensed by Techstrata LLC, including proprietary software developed by Techstrata and third-party software that Techstrata is authorized to resell or distribute. Software includes updates, enhancements, and associated documentation.

Services: Refers to technical support, consulting, training, implementation, and any other professional services provided by Techstrata LLC in connection with the Hardware or Software.

Products: Collectively refers to Hardware, Software, and Services as offered and sold by Techstrata LLC.

Programs: Refers to the specific software applications licensed to customers under this Agreement and does not include hardware or third-party software unless explicitly stated.

1.3 Capitalized terms used but not defined in this Schedule H have the meanings set forth in the General Terms.

2. RIGHTS GRANTED

2.1 Your Hardware order consists of the following items: Operating System (as defined in Your configuration), Software and all Hardware equipment (including components, options and spare parts) specified on the applicable order. Your Hardware order may also include Software Options. Software Options may not be activated or used until You separately order them and agree to pay additional fees.

2.2 You have the limited, non-exclusive, royalty free, non-transferable, non-assignable right to use Software delivered with the Hardware subject to the terms of this Schedule H and the applicable documentation. You are licensed to use that Software and any Software updates acquired through technical support only as incorporated in, and as part of, the Hardware. You have the limited, nonexclusive, royalty free, non-transferable, non-assignable right to use Software Options that You separately order subject to the terms of this Schedule H, the applicable documentation and the Software Options License Rules; the Software Options License Rules are incorporated in and made a part of this Schedule H. You are licensed to use those Software Options and any Software Options updates acquired through technical support only as incorporated in, and as part of, the Hardware. To

SCHEDULE H - HARDWARE
Techstrata Master Agreement_2024 Page 9 of 17
fully understand Your license right to any Software Options that You separately order, You need to review the Software Options License Rules. In the event of any conflict between the Master Agreement and the Software Options License Rules, the Software Options License Rules shall take precedence.

2.3 The Operating System or Software or Software Options (or all three) may include separate works, identified in a readme file, notice file or the applicable documentation, which are licensed under open source or similar license terms; Your rights to use the Operating System, Software and Software Options under such terms are not restricted in any way by the Master Agreement including this Schedule H. The appropriate terms associated with such separate works can be found in the readme files, notice files or in the documentation accompanying the Operating System, Software, and Software Options.

2.4 Upon payment for Hardware-related Service Offerings, You have the non-exclusive, non-assignable, royalty free, perpetual, limited right to use for Your internal business operations anything developed by Techstrata and delivered to You under this Schedule H (“deliverables”); however, certain deliverables may be subject to additional license terms provided in the order.

3. RESTRICTIONS

3.1 You may only make copies of the Operating System, Software and Software Options for archival purposes, to replace a defective copy, or for program verification. You shall not remove any copyright notices or labels on the Operating System, Software or Software Options. You shall not decompile or reverse engineer (unless required by law for interoperability) the Operating System or Software.

3.2 You acknowledge that to operate certain Hardware, Your facility must meet a minimum set of requirements as described in the Hardware documentation. Such requirements may change from time to time, as communicated by Techstrata to You in the applicable Hardware documentation.

3.3 The prohibition on the assignment or transfer of the Operating System or any interest in it under section 15 of the General Terms shall apply to all Operating Systems licensed under this Schedule H, except to the extent that such prohibition is rendered unenforceable under applicable law.

4. TRIAL PROGRAMS
Techstrata may include additional Programs on the Hardware (e.g., Exadata Storage Server software). You are not authorized to use those Programs unless You have a license specifically granting You the right to do so; however, You may use those additional Programs for trial, nonproduction purposes for up to 30 days from the date of delivery provided that You may not use the trial Programs to provide or attend third party training on the content and/or functionality of the Programs.

To use any of these Programs after the 30-day trial period, you must obtain a license for such Programs from Techstrata or an authorized reseller. If You decide not to obtain a license for any Program after the 30-day trial period, You will cease using and promptly delete any such Programs from Your computer systems. Programs licensed for trial purposes are provided “as is” and Techstrata does not provide technical support or offer any warranties for these Programs.

5. TECHNICAL SUPPORT

5.1 Techstrata Hardware and Systems Support acquired with Your order may be renewed annually and, if You renew Techstrata Hardware and Systems Support for the same systems and same configurations, for the first and second renewal years the technical support fee will not increase by more than 4% over the prior year’s fees.

5.2 If ordered, Techstrata Hardware and Systems Support (including first year and all subsequent years) is provided under Techstrata’s Hardware and Systems Support Policies in effect at the time the technical support services are provided. You agree to cooperate with Techstrata and provide the access, resources, materials, personnel, information, and consents that Techstrata may require in order to perform the technical support services. The Techstrata Hardware and Systems Support Policies are incorporated in this Schedule H and are subject to change at Techstrata’s discretion; however, Techstrata will not materially reduce the level of technical support services provided during Techstrata Master Agreement_2024 Page 10 of 17
the period for which fees for Techstrata Hardware and Systems Support have been paid. You should review the policies prior to entering into the order for technical support services.

5.3 Techstrata Hardware and Systems Support is effective upon the Commencement Date of the Hardware or upon the effective date of the order if shipment of Hardware is not required.

6. HARDWARE-RELATED SERVICE OFFERINGS
In addition to technical support.

7. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES

7.1 Techstrata provides a limited warranty (“Techstrata Hardware Warranty”) for (i) the Hardware, (ii) the Operating System and the Software and the Software Options that sells to its customers. Techstrata warrants that the Hardware will be free from,and using the Operating System and Software and Software Options will not cause in the Hardware, material defects in materials and workmanship for one year from the date the Hardware is delivered to You. Techstrata warrants that the media will be free from material defects in materials and workmanship for a period of 90 days from the date the media is delivered to You

7.2 Techstrata also warrants that technical support services and Hardware-related Service Offerings (as referenced in section 6 above) ordered and provided under this Schedule H will be provided in a professional manner consistent with industry standards. You must notify Techstrata of any technical support service or Hardware-related Service Offerings warranty deficiencies within 90 days from performance of the deficient technical support service or Hardware-related Service Offerings.

7.3 FOR ANY BREACH OF THE ABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY AND TECHSTRATA’S ENTIRE LIABILITY SHALL BE: (i) THE REPAIR OR, AT TECHSTRATA’S

OPTION AND EXPENSE, REPLACEMENT OF THE DEFECTIVE HARDWARE ITEM, OR IF SUCH

REPAIR OR REPLACEMENT IS NOT REASONABLY ACHIEVABLE, THE REFUND OF THE FEES

YOU PAID TECHSTRATA FOR THE DEFECTIVE HARDWARE ITEM AND THE REFUND OF ANY

UNUSED PREPAID TECHNICAL SUPPORT FEES YOU HAVE PAID FOR THE DEFECTIVE HARDWARE ITEM; OR (ii) THE REPERFORMANCE OF THE DEFICIENT HARDWARE-RELATED SERVICE OFFERINGS; OR, IF TECHSTRATA CANNOT SUBSTANTIALLY CORRECT THE

DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT

HARDWARE- RELATED SERVICE OFFERINGS AND RECOVER THE FEES YOU PAID TO TECHSTRATA FOR THE DEFICIENT HARDWARE-RELATED SERVICE OFFERINGS. TO THE

EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE

NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO THE

ABOVE ITEMS, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7.4 Replacement units for defective parts or Hardware Items replaced under the Techstrata Hardware Warranty may be new or like new quality. Such replacement units assume the warranty status of the Hardware into which they are installed and have no separate or independent warranty of any kind.

Title in all defective parts or Hardware Items shall transfer back to Techstrata upon removal from the Hardware.

7.5 TECHSTRATA DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE HARDWARE, OPERATING SYSTEM, SOFTWARE, SOFTWARE OPTIONS OR MEDIA.

7.6 No warranty will apply to any Hardware, Operating System, Software, Software Options or media which has been:
a. modified, altered or adapted without Techstrata’s written consent (including modification or removal of the Techstrata/Sun serial number tag on the Hardware); b. maltreated or used in a manner other than in accordance with the relevant documentation. c. repaired by any third party in a manner which fails to meet Techstrata’s quality standards. d. improperly installed by any party other than Techstrata or an authorized Techstrata certified installation partner.
e. used with equipment or software not covered by a Techstrata warranty, to the extent that the problems are attributable to such use.
f. relocated, to the extent that problems are attributable to such relocation. g. used directly or indirectly in supporting activities prohibited by U.S. or other national export Techstrata Master Agreement_2024 Page 11 of 17
regulations.
h. used by parties appearing on the then-current U.S. export exclusion list. i. relocated to countries subject to U.S. trade embargo or restrictions. j. used remotely to facilitate any activities for parties or in the countries referenced in 7.6(h) and

7.6(i) above; or
k. purchased from any entity other than Techstrata or a Techstrata authorized reseller.

7.7 The Techstrata Hardware Warranty does not apply to normal wear of the Hardware or media. The Techstrata Hardware Warranty is extended only to the original purchaser or original lessee of the Hardware and may be void in the event that title to the Hardware is transferred to a third party.

8. Techstrata LLC reserves the right to audit the Customer’s use of the Hardware, Software, and Services to ensure compliance with the terms of this Agreement. Such audits will be conducted during regular business hours and with at least forty-five (45) days' written notice. The scope of the audit will be limited to verifying compliance with the license terms for Techstrata Products.

The Customer agrees to provide reasonable cooperation and access to relevant records and systems necessary for the audit.

The audit shall not unreasonably interfere with the Customer's business operations, and Techstrata will comply with applicable data privacy regulations, including but not limited to the California Consumer Privacy Act (CCPA) and other relevant U.S. federal or state privacy laws.

Any information obtained during the audit will be treated as confidential and used solely for the purposes of ensuring compliance with the terms of this Agreement.

Upon 45 days written notice, Techstrata may audit Your use of the Operating System, Software and Software Options. You agree to cooperate with Techstrata’s audit and provide reasonable assistance and access to information. Any such audit shall not unreasonably interfere with Your normal business operations. You agree to pay within 30 days of written notification any fees applicable to Your use of the Operating System, Software and Software Options in excess of Your license rights. If You do not pay, Techstrata can end (a) Service Offerings (including technical support) related to the Operating System, Software and Software Options, (b) licenses of the Operating System, Software and Software Options ordered under this Schedule H and related agreements and/or (c) the Master Agreement.

You agree that Techstrata shall not be responsible for any of Your costs incurred in cooperating with the audit.

9. ORDER LOGISTICS

9.1 Delivery, Installation and Acceptance of Hardware

9.1.1 You are responsible for installation of the Hardware unless You purchase installation services from Techstrata for that Hardware.

9.1.2 Techstrata will deliver the Hardware in accordance with Techstrata’s Order and Delivery Policies which are in effect at the time of Your. Techstrata will use the delivery address specified by You on Your purchasing document or when Your purchasing document does not indicate a ship to address, the location specified on the order and the delivery terms in the Order and Delivery Policies that are applicable to Your country of destination will apply.

9.1.3 Acceptance of the Hardware is deemed to occur on delivery.

9.1.4 Techstrata may make and invoice You for partial deliveries.

9.1.5 Techstrata may make substitutions and modifications to the Hardware that do not cause a material adverse effect in overall Hardware performance.

9.1.6 Techstrata will use its reasonable commercial efforts to deliver the Hardware within a timeframe that is consistent with Techstrata’s past practices regarding the amount and type of Hardware that You have ordered.

9.2 Delivery and Installation of Software Options

9.2.1 You are responsible for installation of the Software Options unless the Software Options have been pre-installed by Techstrata on the Hardware You are purchasing under the order or Techstrata Master Agreement_2024 Page 12 of 17
unless You purchase installation services from Techstrata for the Software Options.

9.2.2 Techstrata has made available to You for electronic download at the electronic delivery web site for the Software Options listed in the order. Through the Internet URL, You can access and electronically download to Your location the latest production release as of the effective date of the applicable order of the Software Options and related documentation for the Software Options listed. Provided that You have continuously maintained technical support for the listed Software Options, You may continue to download the Software Options and related documentation. Please be advised that not all Software Options are available on all Hardware/Operating System combinations. For the most recent Software Options availability please check the electronic delivery web site specified above. You acknowledge that Techstrata is under no further delivery obligation with respect to Software Options under the applicable order, electronic download or otherwise.

9.3 Transfer of Title
Title to the Hardware will transfer upon delivery.

9.4 Territory
The Hardware shall be installed in the country/countries that You specify as the delivery location on Your purchasing document or when Your purchasing document does not indicate a ship to address, the location specified in the order.

9.5 Pricing, Invoicing, and Payment Obligation

9.5.1 You may change a Hardware order prior to shipment subject to the then current change order fee as established by Techstrata from time to time. The applicable change order fees and a description of allowed changes are applicable.

9.5.2 In entering into payment obligations under an order, You agree and acknowledge that You have not relied on the future availability of any Hardware, Program or updates. However, (a) if You order technical support, the preceding sentence does not relieve Techstrata of its obligation to provide such technical support under the Master Agreement, if and when available, in accordance with Techstrata’s then current technical support policies, and (b) the preceding sentence does not change the rights granted to You under an order and the Master Agreement.

9.5.3 Hardware and Software Options fees are invoiced as of the respective Commencement Dates.

9.5.4 Hardware-related Service Offering fees are invoiced in advance of the Hardware-related Service Offering performance; specifically, technical support fees are invoiced annually in advance. The period of performance for all Hardware-related Service Offerings is effective upon the Commencement Date of the Hardware or upon the effective date of the order if shipment of Hardware is not required.

9.5.5 In addition to the prices listed on the order, Techstrata will invoice You for any applicable freight charges or applicable taxes, and You will be responsible for such charges and taxes notwithstanding any express or implied provision in the “Incoterms” referenced in the Order and Delivery Policies.

Techstrata Master Agreement_2024 Page 13 of 17
This Program Schedule (this “Schedule P") is a Schedule to the General Terms to which this Schedule P is attached. The General Terms and this Schedule P, together with the attached Schedule H, are the Master Agreement. This Schedule P shall coterminate with the General Terms.

1. “Hardware” refers to computer equipment, components, options, and spare parts resold by Techstrata LLC, which may include third-party hardware products. “Software” refers to software products licensed by Techstrata LLC, including proprietary software developed by Techstrata and third-party software that Techstrata is authorized to resell or distribute. Software includes updates, enhancements, and associated documentation. “Services” refers to technical support, consulting, training, implementation, and any other professional services provided by Techstrata LLC in connection with the Hardware or Software. “Products” collectively refers to Hardware, Software, and Services as offered and sold by Techstrata LLC.
“Programs” refers to the specific software applications licensed to customers under this Agreement and does not include hardware or third-party software unless explicitly stated.

1.1 “Commencement Date” refers to the date of shipment of tangible media or the effective date of the order if shipment of tangible media is not required (if the order was placed through the Techstrata store, the effective date is the date the order was submitted to Techstrata).

1.2 Capitalized terms used but not defined in this Schedule P have the meanings set forth in the General Terms.

2. RIGHTS GRANTED

2.1 Upon Techstrata’s acceptance of Your order, You have the non-exclusive, non-assignable, royalty free, perpetual (unless otherwise specified in the order), limited right to use the Programs and receive any Program-related Service Offerings You ordered solely for Your internal business operations and subject to the terms of the Master Agreement, including the definitions and rules set forth in the order and the Program Documentation.

2.2 Upon payment for Program-related Service Offerings, You have the non-exclusive, non-assignable, royalty free, perpetual, limited right to use for Your internal business operations anything developed by Techstrata and delivered to You under this Schedule P (“deliverables”); however, certain deliverables may be subject to additional license terms provided in the order.

2.3 You may allow Your agents and contractors (including, without limitation, outsourcers) to use the Programs and deliverables for Your internal business operations and You are responsible for their compliance with the General Terms and this Schedule P in such use. For Programs that are specifically designed to allow Your customers and suppliers to interact with You in the furtherance of Your internal business operations, such use is allowed under the General Terms and this Schedule P.

2.4 You may make a sufficient number of copies of each Program for Your licensed use and one copy of each Program media.

3. RESTRICTIONS

3.1 The Programs may contain or require the use of third party technology that is provided with the Programs. Techstrata may provide certain notices to You in Program Documentation, readmes or notice files in connection with such third party technology. Third party technology will be licensed to You either under the terms of the Master Agreement or, if specified in the Program Documentation, readmes or notice files, under Separate Terms. Your rights to use Separately Licensed Third Party Technology under Separate Terms are not restricted in any way by the Master Agreement. However, for clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Third Party Technology shall be deemed part of the Programs and is licensed to You under the terms of the Master Agreement.

SCHEDULE P - PROGRAM
Techstrata Master Agreement_2024 Page 14 of 17
If You are permitted under an order to distribute the Programs, You must include with the distribution all such notices and any associated source code for Separately Licensed Third Party Technology as specified, in the form and to the extent such source code is provided by Techstrata, and You must distribute Separately Licensed Third Party Technology under Separate Terms (in the form and to the extent Separate Terms are provided by Techstrata). Notwithstanding the foregoing, Your rights to the Programs are solely limited to the rights granted in Your order.

3.2 You may not:
a. remove or modify any Program markings or any notice of Techstrata’s or its licensors’ proprietary rights;
b. make the Programs or materials resulting from the Service Offerings available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific Program license or materials from the Service Offerings You have acquired);
c. cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Programs (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by Programs); d. disclose results of any Program benchmark tests without Techstrata’s prior written consent.

3.3 The prohibition on the assignment or transfer of the Programs or any interest in them under section 15 of the General Terms shall apply to all Programs licensed under this Schedule P, except to the extent that such prohibition is rendered unenforceable under applicable law.

4. TRIAL PROGRAMS
You may order trial Programs, or Techstrata may include additional Programs with Your order which You may use for trial, non-production purposes only. You may not use the trial Programs to provide or attend third party training on the content and/or functionality of the Programs. You have 30 days from the Commencement Date to evaluate these Programs. To use any of these Programs after the 30 day trial period, You must obtain a license for such Programs from Techstrata or an authorized reseller. If You decide not to obtain a license for any Program after the 30 day trial period, You will cease using and promptly delete any such Programs from Your computer systems. Programs licensed for trial purposes are provided “as is” and Techstrata does not provide technical support or offer any warranties for these Programs.

5. TECHNICAL SUPPORT

5.1 For purposes of an order, technical support consists of Techstrata’s annual technical support services You may have ordered from Techstrata or an authorized reseller for the Programs. If ordered, annual technical support (including first year and all subsequent years) is provided under Techstrata’s technical support policies in effect at the time the technical support services are provided. You agree to cooperate with Techstrata and provide the access, resources, materials, personnel, information and consents that Techstrata may require in order to perform the technical support services. The technical support policies are incorporated in this Schedule P and are subject to change at Techstrata’s discretion; however, Techstrata policy changes will not result in a material reduction in the level of technical support services provided for supported Programs during the period for which fees for technical support have been paid. You should review the policies prior to entering into the order for the applicable technical support services.

5.2 Software Update License & Support (or any successor technical support offering to Software Update License & Support, “SULS”) acquired with Your order may be renewed annually and, if You renew SULS for the same number of licenses for the same Programs, for the first and second renewal years the fee for SULS will not increase by more than 4% over the prior year’s fees. If Your order is fulfilled by an authorized reseller, the fee for SULS for the first renewal year will be the price quoted to You by Your authorized reseller; the fee for SULS for the second renewal year will not increase by more than 4% over the prior year's fees.

5.3 If You decide to purchase technical support for any Program license within a license set, You are required to purchase technical support at the same level for all licenses within that license set. You may de support a subset of licenses in a license set only if You agree to terminate that subset of Techstrata Master Agreement_2024 Page 15 of 17
licenses. The technical support fees for the remaining licenses will be priced in accordance with the technical support policies in effect at the time of termination. Techstrata’s license set definition is available in the current technical support policies. If You decide not to purchase technical support, You may not update any unsupported Program licenses with new versions of the Program.

6. PROGRAM-RELATED SERVICE OFFERINGS
In addition to technical support, You may order a limited number of Program-related Service Offerings under this Schedule P as listed in the Program-Related Service Offerings document. You agree to provide Techstrata with all information, access and full good faith cooperation reasonably necessary to enable Techstrata to deliver these Service Offerings and You will perform the actions identified in the order as Your responsibility. If while performing these Service Offerings Techstrata requires access to another vendor’s products that are part of Your system, You will be responsible for acquiring all such products and the appropriate license rights necessary for Techstrata to access such products on Your behalf. Service Offerings provided may be related to Your license to use Programs owned or distributed by Techstrata which You acquire under a separate order. The agreement referenced in that order shall govern Your use of such Programs.

7. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES

7.1 Techstrata warrants that a Program licensed to You will operate in all material respects as described in the applicable Program Documentation for a period of one year after delivery (i.e., via physical shipment or electronic download). You must notify Techstrata of any Program warranty deficiency within one year after delivery. Techstrata also warrants that technical support services and Programrelated Service Offerings (as referenced in section 6 above) ordered and provided under this Schedule P will be provided in a professional manner consistent with industry standards. You must notify Techstrata of any technical support service or Program-related Service Offerings warranty deficiencies within 90 days from performance of the deficient technical support service or Programrelated Service Offerings.

7.2 TECHSTRATA DOES NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR THAT TECHSTRATA WILL CORRECT ALL PROGRAM ERRORS.

7.3 FOR ANY BREACH OF THE ABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY AND TECHSTRATA’S ENTIRE LIABILITY SHALL BE: (A) THE CORRECTION OF PROGRAM ERRORS THAT CAUSE BREACH OF THE WARRANTY; OR, IF TECHSTRATA CANNOT SUBSTANTIALLY

CORRECT THE ERRORS OF THE APPLICABLE PROGRAM LICENSE IN A COMMERCIALLY

REASONABLE MANNER, YOU MAY END YOUR PROGRAM LICENSE AND RECOVER THE

FEES YOU PAID TO TECHSTRATA FOR THE PROGRAM LICENSE AND ANY UNUSED, PREPAID TECHNICAL SUPPORT FEES YOU HAVE PAID FOR THE PROGRAM LICENSE; OR (B) THE REPERFORMANCE OF THE DEFICIENT PROGRAM-RELATED SERVICE OFFERINGS;

OR, IF TECHSTRATA CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT PROGRAMRELATED SERVICE OFFERINGS AND RECOVER THE FEES YOU PAID TO TECHSTRATA FOR THE DEFICIENT PROGRAM-RELATED SERVICE OFFERINGS.

7.4 TO THE EXTENT NOT PROHIBITED BY LAW, THIS WARRANTY IS EXCLUSIVE AND THERE

ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING

WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8. Techstrata LLC reserves the right to audit the Customer’s use of the Hardware, Software, and Services to ensure compliance with the terms of this Agreement. Such audits will be conducted during regular business hours and with at least forty-five (45) days' written notice.

The scope of the audit will be limited to verifying compliance with the license terms for Techstrata Products. The Customer agrees to provide reasonable cooperation and access to relevant records and systems necessary for the audit.

The audit shall not unreasonably interfere with the Customer's business operations, and Techstrata will comply with applicable data privacy regulations, including but not limited to the Techstrata Master Agreement_2024 Page 16 of 17
California Consumer Privacy Act (CCPA) and other relevant U.S. federal or state privacy laws. Any information obtained during the audit will be treated as confidential and used solely for the purposes of ensuring compliance with the terms of this Agreement.

Upon 45 days written notice, Techstrata may audit Your use of the Programs. You agree to cooperate with Techstrata’s audit and provide reasonable assistance and access to information. Any such audit shall not unreasonably interfere with Your normal business operations. You agree to pay within 30 days of written notification any fees applicable to Your use of the Programs in excess of Your license rights. If You do not pay, Techstrata can end (a) Program-related Service Offerings (including technical support),
(b) Program licenses ordered under this Schedule P and related agreements and/or (c) the Master Agreement. You agree that Techstrata shall not be responsible for any of Your costs incurred in cooperating with the audit.

9. ORDER LOGISTICS

9.1 Delivery and Installation

9.1.1 You are responsible for installation of the Programs unless the Programs have been preinstalled by Techstrata on the Hardware You are purchasing under the order or unless You purchase installation services from Techstrata for those Programs.

9.1.2 Techstrata has made available to You for electronic download at the electronic delivery web site provided to you, You can access and electronically download to Your location the latest production release as of the effective date of the applicable order of the software and related Program Documentation for each Program listed. Provided that You have continuously maintained technical support for the listed Programs, You may continue to download the Programs and related Program Documentation. Please be advised that not all Programs are available on all hardware/operating system combinations. For the most recent Program availability please check the electronic delivery web site specified above. You acknowledge that Techstrata is under no further delivery obligation with respect to Programs under the applicable order, electronic download or otherwise.

9.1.3 If ordered, Techstrata will deliver the tangible media to the delivery address specified on the applicable order. You agree to pay applicable media and shipping charges. The applicable shipping terms for the delivery of tangible media are: FCA Dublin, Ireland (Incoterms 2000).

9.2 Territory
The Programs shall be used in the State/County specified in the order.

Techstrata Master Agreement_2024 Page 17 of 17
City of Loma Linda Techstrata LLC.

Authorized Signature: Authorized Signature:

Name: Name:

Title: Title:

Signature Date: Signature Date:

Ordering Document Effective Date: {to be completed by Techstrata}

9.3 Pricing, Invoicing and Payment Obligation

9.3.1 In entering into payment obligations under an order, You agree and acknowledge that You have not relied on the future availability of any Program or updates. However, (a) if You order technical support, the preceding sentence does not relieve Techstrata of its obligation to provide such technical support under the Master Agreement, if and when available, in accordance with Techstrata’s then current technical support policies, and (b) the preceding sentence does not change the rights granted to You under an order and the Master Agreement.

9.3.2 Program fees are invoiced as of the Commencement Date.

9.3.3 Program-related Service Offering fees are invoiced in advance of the Program-related Service Offering performance; specifically, technical support fees are invoiced annually in advance.

The period of performance for all Program-related Service Offerings is effective upon the Commencement Date.

9.3.4 In addition to the prices listed on the order, Techstrata will invoice You for any applicable shipping charges or applicable taxes and You will be responsible for such charges and taxes.

City of Loma Linda
Regular City Council Staff Report
Council Bill #R-2024-35 - A Resolution Initiating Annexations 78 & 79 to Landscape Maintenance District No. 1 and scheduling a Public Hearing for November 12, 2024, for Annexation to Landscape Maintenance District No. 1 (Tract 20417 – Gold Crest & Tract 20442 - Sierra Crest) [Public Works] Adopt Council Bill #R-2024-35.

Meeting
Tuesday, September 24, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3R
To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that City Council adopt Council Bill No. R-2024-35 initiating Annexations 78 & 79 into the Landscape Maintenance District and schedule the Public Hearing for ordering Annexations 78 & 79 into the Landscape Maintenance District for November 12, 2024.

BACKGROUND:

The City Council approved  Tract Map No. 20417 – Gold Crest & Tract Map No. 20442 – Sierra Crest, subject to Conditions of Approval.  Annexation into the Landscape Maintenance District is one of those conditions.  The City has received a petition from the property owner to annex into the Landscape Maintenance District.

ANALYSIS:

The petition and ballot have been prepared for the property owner’s approval of Annexation Nos. 78 & 79 into the Landscape Maintenance District.  Further, an Engineer’s Report has been prepared these Annexations, report attached. Tract Map No. 20417 – Gold Crest, is the 51 large lot subdivision located  between Mission Road and Citrus Avenue, east of Mesquite Avenue, being built by Lennar Homes. Tract Map No. 20442 – Sierra Crest, is the condominium project  located on the northwest corner of Citrus Avenue and Byn Mawr Avenue, also being built by Lennar Homes.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

N/A
Attachments
LMD1 Annex 78 & 79 Report.pdf
Loma Annex 78 & 79 Consent Resolution to City 9.17.24 (002).pdf City of Loma Linda Engineer’s Report Fiscal Year
Landscape Maintenance Page
District No. 1
Annexation No. 78 & 79 2024/2025

CITY OF LOMA LINDA
ENGINEER’S REPORT

LANDSCAPE MAINTENANCE
DISTRICT NO. 1
ANNEXATION NO. 78
(GOLD CREST – TRACT 20417)
ANNEXATION NO. 79
(SIERRA CREST – TRACT 20442)
FISCAL YEAR 2024/2025
INTENT MEETING: SEPTEMBER 24, 2024
PUBLIC HEARING: NOVEMBER 12, 2024

CITY OF LOMA LINDA
25541 BARTON ROAD
LOMA LINDA, CA 92354
SEPTEMBER 9, 2024

PREPARED BY

WILLDAN FINANCIAL SERVICES
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
***.willdan.com
City of Loma Linda Engineer’s Report Fiscal Year
Landscape Maintenance Page i
District No. 1
Annexation No. 78 & 79 2024/2025

ENGINEER'S REPORT AFFIDAVIT

CITY OF LOMA LINDA
LANDSCAPE MAINTENANCE DISTRICT NO. 1
ANNEXATION NO. 78
(GOLD CREST – TRACT 20417)
ANNEXATION NO. 79
(SIERRA CREST – TRACT 20442)
FISCAL YEAR 2024/2025
ENGINEER’S REPORT

CERTIFICATE
As part of the Resolution of Intention packet presented for the consideration of the Loma Linda City Council, this Report and the enclosed budgets, diagrams, and descriptions outline specific proposed changes to the Landscape Maintenance District No. 1 (LMD No. 1) for Fiscal Year 2024/2025, including the annexation of territories to the District, the expansion of the improvements to be maintained within the District, and the proposed annual assessments for all parcels within the proposed annexations commencing in Fiscal Year 2025/2026. Reference is hereby made to the San Bernardino County Assessor’s Parcel Maps for a detailed description of the lines and dimensions of parcels within Tract 20417 (Gold Crest) and Tract 20442 (Sierra Crest) that may be subject to a proposed annual assessment.

Dated this ________ day of ______________, 2024.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Loma Linda
By: ________________________________
Stacee Reynolds
Principal Consultant
By: ________________________________
Tyrone Peter
R. C. E. # C81888
City of Loma Linda Engineer’s Report Fiscal Year
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Annexation No. 78 & 79 2024/2025

TABLE OF CONTENTS
INTRODUCTION..............................................................................................................1 BALLOT PROCEEDINGS ........................................................................................... 1 PART A — PLANS AND SPECIFICATIONS..................................................................4 DESCRIPTION OF THE ANNEXATION TERRITORIES.............................................4 DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED .........4 PART B — METHOD OF APPORTIONMENT ................................................................ 6 BACKGROUND ...........................................................................................................6 SPECIAL BENEFIT ANALYSIS ..................................................................................6 GENERAL BENEFIT ANALYSIS ................................................................................6 APPORTIONMENT......................................................................................................6 EXEMPT PARCELS.....................................................................................................7 ASSESSMENT RANGE FORMULA............................................................................7 PART C – ESTIMATED COST OF THE IMPROVEMENTS............................................8 ANNEXATION NO. 78 (GOLD CREST – TRACT 20417) BUDGET ESTIMATES .....8 ANNEXATION NO. 79 (SIERRA CREST – TRACT 20442) BUDGET ESTIMATES ..9 PART D — ASSESSMENT DIAGRAMS.......................................................................10 PART E — ASSESSMENT ROLL.................................................................................15 ANNEXATION NO. 78 (GOLD CREST – TRACT 20417) .........................................15 ANNEXATION NO. 79 (SIERRA CREST – TRACT 20442)......................................17 City of Loma Linda Engineer’s Report Fiscal Year
Landscape Maintenance Page 1
District No. 1
Annexation No. 78 & 79 2024/2025

INTRODUCTION
Pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15, of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), this report is prepared in compliance with the requirements of Article 4, Chapter 1, of the 1972 Act regarding the annexation of territory into the City of Loma Linda’s existing Landscape Maintenance District No. 1 (hereafter referred to as “LMD No. 1” or “District”).

The City Council of the City of Loma Linda being the legislative body for LMD No. 1, may, pursuant to the 1972 Act, annex territory and levy annual assessments for the operation and administration of LMD No. 1.

Within Section 22608 of the 1972 Act, it states “right of majority protest shall be limited to the territory proposed to be annexed.”
In addition, the 1972 Act provides for the levy of annual assessments after annexation into or formation of an assessment district for the continued maintenance and servicing of the improvements. The 1972 Act further allows various areas to be annexed into an existing district when the territory in the annexation receives substantially the same proportional special benefits from the improvements. The costs associated with the installation, maintenance, and servicing of the improvements may be assessed to properties, which benefit from the installation, maintenance, and servicing of such improvements.

This report specifically addresses the annexation of approximately 22.582 acres of territory consisting of fiftyone (51) single family homes at build-out in Tract 20417 and 12.339 acres of territory consisting of one hundred three (103) residential condominiums at build-out in Tract 20442. These territories are more specifically identified as:

Ø Gold Crest – Tract 20417 which is located south of Citrus Avenue and northeast of Mission Road. This development includes the following: Assessor’s Book 292, Page 731, Parcels 1 through 43 and Page 741, Parcels 1 through 13.

Ø Sierra Crest – Tract 20442 which is located north of Citrus Avenue and west of Bryn Mawr Avenue. This development includes the following: Assessor’s Book 292, Page 712, Parcels 4 through 66 and Page 713, Parcels 1 through 52.

These annexation territories are proposed to be annexed into LMD No. 1 as Annexation No. 78(Gold Crest– Tract 20417), and Annexation No. 79 (Sierra Crest – Tract 20442) (referred to as “Annexation Territories”) and levied assessments commencing in Fiscal Year 2025/2026, if not a part of a homeowner’s association (HOA).

The properties associated with and identified herein as Annexation Territories are shown on the Assessment Diagrams incorporated herein as Part D of this Report.

BALLOT PROCEEDINGS
As part of this annexation proceeding, pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, the City shall conduct a property owner protest ballot proceeding (referred to as “Ballot Proceeding”) for the proposed levy of new assessments as described in this Report. In conjunction with this Ballot Proceeding, the City Council will conduct a noticed public hearing (scheduled for November 12, 2024) to consider public testimonies, comments and written protests regarding the levy of the proposed new assessments. Upon conclusion of the public hearing, property owner protest ballots received will be opened and tabulated to determine whether majority protest exists:

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Annexation No. 78 & 79 2024/2025
“A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property.” After completion of the ballot tabulation, the City Council will confirm the results of the balloting. If majority protest exists the proposed new assessments (including the inflationary adjustment), further proceedings to implement the proposed new assessments and the annexation of the Annexation Territories shall be abandoned at this time.

If tabulation of the ballots indicates that majority protest does not exist for the proposed assessment(s) and the assessment range formula presented and described herein, the City Council may by Resolution approve this Report (as submitted or amended), order the annexation of the Annexation Territories to the District, approve the assessment diagrams and confirm the assessments. The City Council may order the levy and collection of the assessments for the Annexation Territories together with the assessments for other properties in the District during the annual assessment approval process for Fiscal Year 2025/2026. The Annexation Territories assessments for Fiscal Year 2025/2026 if any, shall be submitted to the San Bernardino County Auditor/Controller for inclusion on the property tax roll for each parcel within the Annexation Territories as approved and ordered by the City Council.

Each subsequent fiscal year, an Engineer’s Report for the District including the Annexation Territories shall be prepared and presented to the City Council to address any proposed changes to the improvements, budget and assessments for that fiscal year. The City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the levy of such assessments.

This Report consists of five (5) parts.

PART A – PLANS AND SPECIFICATIONS
Provides an overall description of the District, the Zones therein and the improvements to be provided including those improvements associated with the Annexation Territories addressed within this Report. The Zones previously established for this District or established herein as part of this annexation proceedings are based on the type of improvements and services provide to properties within each development and the type of property development (residential versus non-residential).

PART B – METHOD OF APPORTIONMENT
Describes the basis on which the costs have been apportioned to each parcel of land within the Annexation Territories of the District, in proportion to the estimated benefits to be received by such lots and parcels. This section also identifies and outlines an Assessment Range Formula that provides for an annual adjustment to the maximum assessment rate initially established by this Report. This Assessment Range Formula limits increases on future assessments, but also provides for reasonable cost adjustments due to inflation without the added expense of additional property owner protest ballot proceedings.

PART C – ESTIMATE OF COST OF THE IMPROVEMENTS
An estimate of the annual expenditures and revenues budgeted for the maintenance and servicing of the landscaping and irrigation improvements installed and constructed in connection with the development of properties within the Annexation Territories and/or shared with other properties in the District that benefit from similar improvements. The budget(s) include an estimate of anticipated direct maintenance costs and incidental expenses associated with the improvements, including but not limited to administration expenses City of Loma Linda Engineer’s Report Fiscal Year
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Annexation No. 78 & 79 2024/2025
and the collection of appropriate fund balances. The maximum assessment rates established for the Zones are based on similarities in property developments, improvements, services and expenses. The maximum allowable assessment rate (Rate per Benefit Unit) for each Zone of the District, as approved by a vote of the property owners in a protest ballot proceeding, includes an assessment range formula that provides for an annual Consumer Price Index adjust to the maximum rate.

PART D – ASSESSMENT DIAGRAMS
Contains Diagrams of the exterior boundaries of the Annexation Territories along with the lines and dimensions of each lot or parcel of land within the Annexation Territories.

PART E – ASSESSMENT ROLL
Identifies the maximum assessment to be levied on each benefited lot or parcel of land within the Annexation Territories.

If any section, subsection, subdivision, sentence, clause, phrase, portion, or tract of this Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Report and each section, subsection, subdivision, sentence, clause, phrase, portion, or tract thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, or tract might subsequently be declared invalid or unconstitutional.

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Annexation No. 78 & 79 2024/2025
PART A — PLANS AND SPECIFICATIONS

DESCRIPTION OF THE ANNEXATION TERRITORIES
The Annexation Territories addressed in this Report incorporates the lots and parcels of land within and/or in proximity to the residential development and improvement areas associated with Tract 20417 and 20442.

Ø Tract 20417 - Assessor’s Book 292, Page 731, Parcels 1 through 43 and Page 741, Parcels 1 through 13; consisting of 56 parcels to be built-out to 51 single-family homes and 5 common areas.

Ø Tract 20442 - Assessor’s Book 292, Page 712, Parcels 4 through 66 and Page 713, Parcels 1 through 52; consisting of 115 parcels to be built out to 103 condominiums and 12 common areas.

DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED The improvements installed, maintained and serviced within Annexation No. 78 and 79 are generally described as landscaping and irrigation improvements within or adjacent to the Annexation Territories and surrounding properties. Together these improvements provide special benefits to those individual parcels located within the Annexation Territories. These improvements collectively may include, but are not limited to: landscaping, planting, shrubbery, trees, grass, other ornamental vegetation, irrigation systems, hardscapes, and fixtures; statuary, fountains, and other ornamental structures and facilities; facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.

The Annexation Territories, as part of LMD No. 1, will fund costs in connection with the maintenance and servicing including, but not limited to, labor, electrical energy, water, materials, contracting services, administration, and other expenses necessary for the satisfactory maintenance and servicing of these improvements.

Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the ornamental structures, landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the ornamental structures, landscaping or appurtenant facilities; providing for the life, growth, health, and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

Servicing means the furnishing of electricity for the operation of any appurtenant facilities, and water for the irrigation and control of the landscaping and the maintenance of any of the ornamental structures, landscaping and appurtenant facilities.

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Annexation No. 78 & 79 2024/2025
The improvements to be maintained as part of Annexation Territories is as follows:

Ø Annexation No. 78 - Tract 20417 includes approximately 41,742 square feet of landscape area within or adjacent to the Annexation Territory, this includes shredded mulch, shrubs, irrigation and ninetynine (99) trees.

Ø Annexation No. 79 - Tract 20442 includes approximately 16,170 square feet of landscape area within or adjacent to the Annexation Territory, this includes shredded mulch, shrubs, irrigation and thirtytwo (32) trees.

A more detailed description of the plans and specifications for the improvements associated with the Annexation Territories as part of the District are on file at the City in their entirety and are incorporated herein as part of this Report.

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Annexation No. 78 and 79 2024/2025
PART B — METHOD OF APPORTIONMENT

BACKGROUND
The 1972 Act provides that assessments may be apportioned upon all assessable lots or parcels of land within an assessment district or annexation in proportion to the estimated benefits to be received by each lot or parcel from the improvements. In addition, the California Constitution Article XIIID requires a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel.

Article XIIID further provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the district or annexation. The general enhancement of property value does not constitute a special benefit.

SPECIAL BENEFIT ANALYSIS
The ongoing maintenance of public landscaped areas within the District provide aesthetic benefits to the properties within each respective Annexation Territory and more specifically, those improvements identified in Part A of this Report, provide aesthetic benefits to the properties within the Annexation Territories and create a more pleasant environment to walk, drive, live, and work. The primary function of these landscape improvements and related amenities, serve as an aesthetically pleasing enhancement and green space for the benefit of those parcels and developments for which the improvements are to be constructed and installed for the benefit of those parcels and developments within the Annexation Territories. These improvements are an integral part of the physical environment of parcels within the Annexation Territories and the associated District, providing a positive enhancement of the community character, attractiveness, and desirability.

Collectively the improvements to be provided by the District and specifically for the Annexation Territories as part of Annexation No. 78 and 79 represent a physical extension of those parcels, and if the improvements are not properly maintained, it is these parcels that would be aesthetically burdened. As a result, the maintenance of these landscaped improvements and amenities are a particular and distinct benefit to the properties within the Annexation Territories.

GENERAL BENEFIT ANALYSIS
Pursuant to the 1972 Act and the provisions of the California Constitution, the costs of the District are apportioned by a formula or method that fairly distributes the net amount to be assessed among all assessable parcels in proportion to the special benefit to be received by each such parcel from the improvements. Article XIIID requires that a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIIID also requires the agency to separate the general benefit from special benefit and that only special benefit is assessable.

Each parcel within the District receives special benefit from the improvements due to the close proximity of the landscape and irrigation improvements to each parcel. The cost to provide maintenance and servicing of the improvements within the District is fairly and equitably distributed among each assessable parcel based upon the estimated special benefit received by each parcel.

APPORTIONMENT
The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit from the improvements maintained, serviced and funded by the assessments and City of Loma Linda Engineer’s Report Fiscal Year
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District No. 1
Annexation No. 78 and 79 2024/2025
specifically, the landscape and irrigation improvements installed in connection with the development of these Tracts. The desirability of properties within the District is enhanced by the presence of well-maintained landscaping improvements in close proximity to those properties.

The costs to provide maintenance and servicing of the improvements within or adjacent to the original area and each Annexation Territory represent a zone of benefit (“Zone”) and provide a distinct and special benefit to each parcel in the Zone. The costs to provide maintenance and servicing of the improvements for each Zone are determined and are fairly and equitably distributed among each assessable parcel in the Zone based upon the estimated special benefit received by each parcel. The costs of the Report and district administration are fairly and equitably distributed to all Zones, including those that have no improvements or that are fully or partially self-maintained.

In addition to the use of Zones, the method of apportionment established for the District to reflect the proportional special benefit of each parcel utilizes a weighted methodology of apportionment commonly referred to as an Equivalent Benefit Unit (“EBU”) methodology.

Assessable parcels within each Zone are determined to receive the same special benefit from the improvements due to their similarity in size and use, and their similar proximity to the improvements.

Therefore, each assessable parcel in a Zone is assigned one (1) EBU.

An assessment amount per EBU (“Rate”) for the Zone improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBUs for parcels benefiting from such improvements.

Total Balance to Levy / Total EBUs = Levy per EBU (“Rate”) This amount is then applied back to each parcel’s individual EBU to determine each parcel’s proportionate benefit and assessment obligation.

Rate x Parcel EBU = Parcel Levy Amount

EXEMPT PARCELS
The following are exempt from the assessment: areas of streets, avenues, lanes, roads, drives, courts, alleys, public easements, rights-of-way, and parkways. Also exempt are utility rights-of-way used exclusively for utility transmission, common areas (such as in condominium complexes), land dedicated as open space or parks, landlocked parcels, and small parcels vacated by the City, as these parcels do not benefit from the improvements. In addition, public schools, government agencies, and parcels with no road frontage will not be assessed.

ASSESSMENT RANGE FORMULA
The maximum assessment amount allowed for each fiscal year shall be adjusted annually by an amount equal to the percentage increase of the Consumer Price Index (“CPI”) for the Riverside-San BernardinoOntario area for Urban Consumers, as developed by the U.S. Bureau of Labor Statistics, for March of each year and the CPI for March of the previous fiscal year.

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Annexation No. 78 and 79 2024/2025
PART C – ESTIMATED COST OF THE IMPROVEMENTS
The 1972 Act provides that the estimated costs of the improvements shall include the total cost of the improvements, including incidental expenses, which may include reserves to operate the District until funds are collected on the County tax rolls and transferred to the City from the County around December 10 of the current fiscal year.

The 1972 Act also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within LMD No. 1 is the total cost of installation, maintenance, and servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.

The following budgets outlines the estimated costs to maintain the improvements at build-out and establishes the initial Maximum Assessment per EBU (Maximum Assessment Rate) and the proposed budget and applicable assessment rates for Fiscal Year 2024/2025.

ANNEXATION NO. 78 (GOLD CREST – TRACT 20417) BUDGET ESTIMATES

BUDGET ITEM

MAXIMUM

ASSESSMENT
FY 2024/2025

APPLIED

ASSESSMENT
FY 2024/2025
$13,907 $13,907
Utilities 7,057 7,057
Capital Repairs/ Improvements 4,702 4,702
Subtotal $25,666 $25,666

ADMINISTRATIVE COSTS
Administration/ Operations/ Insurance $2,390 $2,390
Professional Services 350 350
Subtotal $2,740 $2,740
Reserve Collection $2,096 $2,096
General Benefit Contribution -876 -876
Subtotal $1,220 $1,220
Total Direct & Administrative Costs $29,626 $29,626
Total Parcels 56 56
Total Number of Parcels Assessed 51 51
Total EBUs Assessed 51.00 51.00
Per EBU Assessment Amount $580.91 $580.91
Per EBU Maximum Assessment Amount $580.91 $580.91

DIRECT COSTS
Maintenance (including trees)
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Annexation No. 78 and 79 2024/2025
ANNEXATION NO. 79 (SIERRA CREST – TRACT 20442) BUDGET ESTIMATES

BUDGET ITEM

MAXIMUM

ASSESSMENT
FY 2024/2025

APPLIED

ASSESSMENT
FY 2024/2025
$5,381 $5,381
Utilities 2,734 2,734
Capital Repairs/ Improvements 1,786 1,786
Subtotal $9,901 $9,901

ADMINISTRATIVE COSTS
Administration/ Operations/ Insurance $4,829 $4,829
Professional Services 707 707
Subtotal $5,535 $5,535
Reserve Collection $812 $812
General Benefit Contribution -340 -340
Subtotal $472 $472
Total Direct & Administrative Costs $15,908 $15,908
Total Parcels 115 115
Total Number of Parcels Assessed 103 103
Total EBUs Assessed 103.00 103.00
Per EBU Assessment Amount $154.45 $154.45
Per EBU Maximum Assessment Amount $154.45 $154.45

DIRECT COSTS
Maintenance (including trees)
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Annexation No. 78 and 79 2024/2025
PART D — ASSESSMENT DIAGRAMS
The Assessment Diagram for LMD No. 1 is on file at the City and by reference herein is made part of this Report. The Assessment Diagrams for Annexation No. 78 (Gold Crest – Tract 20417) and Annexation No. 79(Sierra Crest – Tract 20442), are provided on the following pages and consist of all lots, parcels, and subdivisions of land listed on the Assessment Roll contained herein as Part E. The lines and dimensions of each lot, parcel, and subdivision of land contained in these diagrams and inclusive of the San Bernardino County Assessor’s parcel maps for the current year and are incorporated by reference herein and made part of this Report. The streets on each separate annexation map although white are part of the annexations.

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Annexation No. 78 and 79 2024/2025
City of Loma Linda
Landscape Maintenance District No. 1
Annexation No. 78
(Tract 20417)
City of Loma Linda Engineer’s Report Fiscal Year
Landscape Maintenance Page 12
District No. 1
Annexation No. 78 and 79 2024/2025
City of Loma Linda
Landscape Maintenance District No. 1
Annexation No. 78
(Tract 20417)
City of Loma Linda Engineer’s Report Fiscal Year
Landscape Maintenance Page 13
District No. 1
Annexation No. 78 and 79 2024/2025
City of Loma Linda
Landscape Maintenance District No. 1
Annexation No. 79
(Tract 20442)
City of Loma Linda Engineer’s Report Fiscal Year
Landscape Maintenance Page 14
District No. 1
Annexation No. 78 and 79 2024/2025
City of Loma Linda
Landscape Maintenance District No. 1
Annexation No. 79
(Tract 20442)
City of Loma Linda Engineer’s Report Fiscal Year
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District No. 1
Annexation No. 78 and 79 2024/2025
PART E — ASSESSMENT ROLL
All assessed lots or parcels of real property within Annexation No. 78 (Gold Crest – Tract 20417) and Annexation 79 (Sierra Crest – Tract 20442) are listed within the assessment rolls that follow. Each parcel’s corresponding Balloted Maximum Assessment is based on the parcel’s proposed land use and the maximum assessment rate for Fiscal Year 2024/2025; $580.91 for Annexation No. 78 and $154.45 for Tract 20442.

Commencing Fiscal Year 2025/2026, the maximum assessment rate shall be adjusted annually by an amount equal to the percentage increase of the CPI for the Riverside-San Bernardino-Ontario Area for Urban Consumers, as developed by the U.S. Bureau of Labor Statistics, for March of each year and the CPI for March of the previous fiscal year.

ANNEXATION NO. 78 (GOLD CREST – TRACT 20417)
Assessor's
Parcel Number
Balloted
Benefit Zone
Balloted Use
Balloted
EBU Assessment Rate
Balloted Maximum
Assessment Rate
0292-731-01-0000 78 Residential 1.00 $580.91 $580.91
0292-731-02-0000 78 Residential 1.00 $580.91 $580.91
0292-731-03-0000 78 Residential 1.00 $580.91 $580.91
0292-731-04-0000 78 Residential 1.00 $580.91 $580.91
0292-731-05-0000 78 Residential 1.00 $580.91 $580.91
0292-731-06-0000 78 Residential 1.00 $580.91 $580.91
0292-731-07-0000 78 Residential 1.00 $580.91 $580.91
0292-731-08-0000 78 Residential 1.00 $580.91 $580.91
0292-731-09-0000 78 Residential 1.00 $580.91 $580.91
0292-731-10-0000 78 Residential 1.00 $580.91 $580.91
0292-731-11-0000 78 Residential 1.00 $580.91 $580.91
0292-731-12-0000 78 Common Area 0.00 $0.00 $580.91
0292-731-13-0000 78 Common Area 0.00 $0.00 $580.91
0292-731-14-0000 78 Residential 1.00 $580.91 $580.91
0292-731-15-0000 78 Residential 1.00 $580.91 $580.91
0292-731-16-0000 78 Residential 1.00 $580.91 $580.91
0292-731-17-0000 78 Residential 1.00 $580.91 $580.91
0292-731-18-0000 78 Residential 1.00 $580.91 $580.91
0292-731-19-0000 78 Residential 1.00 $580.91 $580.91
0292-731-20-0000 78 Residential 1.00 $580.91 $580.91
0292-731-21-0000 78 Residential 1.00 $580.91 $580.91
0292-731-22-0000 78 Residential 1.00 $580.91 $580.91
0292-731-23-0000 78 Residential 1.00 $580.91 $580.91
0292-731-24-0000 78 Residential 1.00 $580.91 $580.91
0292-731-25-0000 78 Residential 1.00 $580.91 $580.91
0292-731-26-0000 78 Residential 1.00 $580.91 $580.91
0292-731-27-0000 78 Residential 1.00 $580.91 $580.91
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Assessor's
Parcel Number
Balloted
Benefit Zone
Balloted Use
Balloted
EBU Assessment Rate
Balloted Maximum
Assessment Rate
0292-731-28-0000 78 Residential 1.00 $580.91 $580.91
0292-731-29-0000 78 Residential 1.00 $580.91 $580.91
0292-731-30-0000 78 Residential 1.00 $580.91 $580.91
0292-731-31-0000 78 Residential 1.00 $580.91 $580.91
0292-731-32-0000 78 Residential 1.00 $580.91 $580.91
0292-731-33-0000 78 Residential 1.00 $580.91 $580.91
0292-731-34-0000 78 Residential 1.00 $580.91 $580.91
0292-731-35-0000 78 Residential 1.00 $580.91 $580.91
0292-731-36-0000 78 Residential 1.00 $580.91 $580.91
0292-731-37-0000 78 Residential 1.00 $580.91 $580.91
0292-731-38-0000 78 Residential 1.00 $580.91 $580.91
0292-731-39-0000 78 Residential 1.00 $580.91 $580.91
0292-731-40-0000 78 Residential 1.00 $580.91 $580.91
0292-731-41-0000 78 Common Area 0.00 $0.00 $580.91
0292-731-42-0000 78 Common Area 0.00 $0.00 $580.91
0292-731-43-0000 78 Common Area 0.00 $0.00 $580.91
0292-741-01-0000 78 Residential 1.00 $580.91 $580.91
0292-741-02-0000 78 Residential 1.00 $580.91 $580.91
0292-741-03-0000 78 Residential 1.00 $580.91 $580.91
0292-741-04-0000 78 Residential 1.00 $580.91 $580.91
0292-741-05-0000 78 Residential 1.00 $580.91 $580.91
0292-741-06-0000 78 Residential 1.00 $580.91 $580.91
0292-741-07-0000 78 Residential 1.00 $580.91 $580.91
0292-741-08-0000 78 Residential 1.00 $580.91 $580.91
0292-741-09-0000 78 Residential 1.00 $580.91 $580.91
0292-741-10-0000 78 Residential 1.00 $580.91 $580.91
0292-741-11-0000 78 Residential 1.00 $580.91 $580.91
0292-741-12-0000 78 Residential 1.00 $580.91 $580.91
0292-741-13-0000 78 Residential 1.00 $580.91 $580.91
City of Loma Linda Engineer’s Report Fiscal Year
Landscape Maintenance Page 17
District No. 1
Annexation No. 78 and 79 2024/2025
ANNEXATION NO. 79 (SIERRA CREST – TRACT 20442)
Assessor's Parcel
Number
Balloted
Benefit Zone
Balloted Use
Balloted
EBU Assessment Rate
Balloted Maximum
Assessment Rate
0292-712-04-0000 79 Letter Lot 0.00 $0.00 $154.45
0292-712-05-0000 79 Letter Lot 0.00 $0.00 $154.45
0292-712-06-0000 79 Residential 1.00 $154.45 $154.45
0292-712-07-0000 79 Residential 1.00 $154.45 $154.45
0292-712-08-0000 79 Residential 1.00 $154.45 $154.45
0292-712-09-0000 79 Residential 1.00 $154.45 $154.45
0292-712-10-0000 79 Residential 1.00 $154.45 $154.45
0292-712-11-0000 79 Residential 1.00 $154.45 $154.45
0292-712-12-0000 79 Residential 1.00 $154.45 $154.45
0292-712-13-0000 79 Residential 1.00 $154.45 $154.45
0292-712-14-0000 79 Residential 1.00 $154.45 $154.45
0292-712-15-0000 79 Residential 1.00 $154.45 $154.45
0292-712-16-0000 79 Residential 1.00 $154.45 $154.45
0292-712-17-0000 79 Residential 1.00 $154.45 $154.45
0292-712-18-0000 79 Common Area 0.00 $0.00 $154.45
0292-712-19-0000 79 Residential 1.00 $154.45 $154.45
0292-712-20-0000 79 Residential 1.00 $154.45 $154.45
0292-712-21-0000 79 Residential 1.00 $154.45 $154.45
0292-712-22-0000 79 Residential 1.00 $154.45 $154.45
0292-712-23-0000 79 Residential 1.00 $154.45 $154.45
0292-712-24-0000 79 Residential 1.00 $154.45 $154.45
0292-712-25-0000 79 Common Area 0.00 $0.00 $154.45
0292-712-26-0000 79 Residential 1.00 $154.45 $154.45
0292-712-27-0000 79 Residential 1.00 $154.45 $154.45
0292-712-28-0000 79 Residential 1.00 $154.45 $154.45
0292-712-29-0000 79 Residential 1.00 $154.45 $154.45
0292-712-30-0000 79 Residential 1.00 $154.45 $154.45
0292-712-31-0000 79 Residential 1.00 $154.45 $154.45
0292-712-32-0000 79 Residential 1.00 $154.45 $154.45
0292-712-33-0000 79 Residential 1.00 $154.45 $154.45
0292-712-34-0000 79 Residential 1.00 $154.45 $154.45
0292-712-35-0000 79 Residential 1.00 $154.45 $154.45
0292-712-36-0000 79 Residential 1.00 $154.45 $154.45
0292-712-37-0000 79 Residential 1.00 $154.45 $154.45
0292-712-38-0000 79 Residential 1.00 $154.45 $154.45
0292-712-39-0000 79 Common Area 0.00 $0.00 $154.45
0292-712-40-0000 79 Residential 1.00 $154.45 $154.45
0292-712-41-0000 79 Residential 1.00 $154.45 $154.45
City of Loma Linda Engineer’s Report Fiscal Year
Landscape Maintenance Page 18
District No. 1
Annexation No. 78 and 79 2024/2025
Assessor's Parcel
Number
Balloted
Benefit Zone
Balloted Use
Balloted
EBU Assessment Rate
Balloted Maximum
Assessment Rate
0292-712-42-0000 79 Residential 1.00 $154.45 $154.45
0292-712-43-0000 79 Residential 1.00 $154.45 $154.45
0292-712-44-0000 79 Residential 1.00 $154.45 $154.45
0292-712-45-0000 79 Residential 1.00 $154.45 $154.45
0292-712-46-0000 79 Common Area 0.00 $0.00 $154.45
0292-712-47-0000 79 Residential 1.00 $154.45 $154.45
0292-712-48-0000 79 Residential 1.00 $154.45 $154.45
0292-712-49-0000 79 Residential 1.00 $154.45 $154.45
0292-712-50-0000 79 Residential 1.00 $154.45 $154.45
0292-712-51-0000 79 Residential 1.00 $154.45 $154.45
0292-712-52-0000 79 Residential 1.00 $154.45 $154.45
0292-712-53-0000 79 Common Area 0.00 $0.00 $154.45
0292-712-54-0000 79 Residential 1.00 $154.45 $154.45
0292-712-55-0000 79 Residential 1.00 $154.45 $154.45
0292-712-56-0000 79 Residential 1.00 $154.45 $154.45
0292-712-57-0000 79 Residential 1.00 $154.45 $154.45
0292-712-58-0000 79 Residential 1.00 $154.45 $154.45
0292-712-59-0000 79 Common Area 0.00 $0.00 $154.45
0292-712-60-0000 79 Residential 1.00 $154.45 $154.45
0292-712-61-0000 79 Residential 1.00 $154.45 $154.45
0292-712-62-0000 79 Residential 1.00 $154.45 $154.45
0292-712-63-0000 79 Residential 1.00 $154.45 $154.45
0292-712-64-0000 79 Residential 1.00 $154.45 $154.45
0292-712-65-0000 79 Residential 1.00 $154.45 $154.45
0292-712-66-0000 79 Common Area 0.00 $0.00 $154.45
0292-713-01-0000 79 Residential 1.00 $154.45 $154.45
0292-713-02-0000 79 Residential 1.00 $154.45 $154.45
0292-713-03-0000 79 Residential 1.00 $154.45 $154.45
0292-713-04-0000 79 Residential 1.00 $154.45 $154.45
0292-713-05-0000 79 Residential 1.00 $154.45 $154.45
0292-713-06-0000 79 Residential 1.00 $154.45 $154.45
0292-713-07-0000 79 Common Area 0.00 $0.00 $154.45
0292-713-08-0000 79 Residential 1.00 $154.45 $154.45
0292-713-09-0000 79 Residential 1.00 $154.45 $154.45
0292-713-10-0000 79 Residential 1.00 $154.45 $154.45
0292-713-11-0000 79 Residential 1.00 $154.45 $154.45
0292-713-12-0000 79 Residential 1.00 $154.45 $154.45
0292-713-13-0000 79 Residential 1.00 $154.45 $154.45
0292-713-14-0000 79 Residential 1.00 $154.45 $154.45
0292-713-15-0000 79 Residential 1.00 $154.45 $154.45
City of Loma Linda Engineer’s Report Fiscal Year
Landscape Maintenance Page 19
District No. 1
Annexation No. 78 and 79 2024/2025
Assessor's Parcel
Number
Balloted
Benefit Zone
Balloted Use
Balloted
EBU Assessment Rate
Balloted Maximum
Assessment Rate
0292-713-16-0000 79 Residential 1.00 $154.45 $154.45
0292-713-17-0000 79 Residential 1.00 $154.45 $154.45
0292-713-18-0000 79 Residential 1.00 $154.45 $154.45
0292-713-19-0000 79 Residential 1.00 $154.45 $154.45
0292-713-20-0000 79 Residential 1.00 $154.45 $154.45
0292-713-21-0000 79 Residential 1.00 $154.45 $154.45
0292-713-22-0000 79 Residential 1.00 $154.45 $154.45
0292-713-23-0000 79 Residential 1.00 $154.45 $154.45
0292-713-24-0000 79 Residential 1.00 $154.45 $154.45
0292-713-25-0000 79 Residential 1.00 $154.45 $154.45
0292-713-26-0000 79 Residential 1.00 $154.45 $154.45
0292-713-27-0000 79 Common Area 0.00 $0.00 $154.45
0292-713-28-0000 79 Residential 1.00 $154.45 $154.45
0292-713-29-0000 79 Residential 1.00 $154.45 $154.45
0292-713-30-0000 79 Residential 1.00 $154.45 $154.45
0292-713-31-0000 79 Residential 1.00 $154.45 $154.45
0292-713-32-0000 79 Residential 1.00 $154.45 $154.45
0292-713-33-0000 79 Residential 1.00 $154.45 $154.45
0292-713-34-0000 79 Residential 1.00 $154.45 $154.45
0292-713-35-0000 79 Residential 1.00 $154.45 $154.45
0292-713-36-0000 79 Residential 1.00 $154.45 $154.45
0292-713-37-0000 79 Residential 1.00 $154.45 $154.45
0292-713-38-0000 79 Residential 1.00 $154.45 $154.45
0292-713-39-0000 79 Residential 1.00 $154.45 $154.45
0292-713-40-0000 79 Residential 1.00 $154.45 $154.45
0292-713-41-0000 79 Residential 1.00 $154.45 $154.45
0292-713-42-0000 79 Residential 1.00 $154.45 $154.45
0292-713-43-0000 79 Residential 1.00 $154.45 $154.45
0292-713-44-0000 79 Residential 1.00 $154.45 $154.45
0292-713-45-0000 79 Residential 1.00 $154.45 $154.45
0292-713-46-0000 79 Residential 1.00 $154.45 $154.45
0292-713-47-0000 79 Residential 1.00 $154.45 $154.45
0292-713-48-0000 79 Residential 1.00 $154.45 $154.45
0292-713-49-0000 79 Residential 1.00 $154.45 $154.45
0292-713-50-0000 79 Residential 1.00 $154.45 $154.45
0292-713-51-0000 79 Residential 1.00 $154.45 $154.45
0292-713-52-0000 79 Common Area 0.00 $0.00 $154.45
Note: The annual Assessment Rate for Balloted Benefit Zone 79 will only apply if not maintained by an HOA as planned.

RESOLUTION NO. ______

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

BERNARDINO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORIES TO LOMA LINDA LANDSCAPE MAINTENANCE DISTRICT NO. 1, AS ANNEXATION NO. 78 (GOLD CREST – TRACT 20417) AND ANNEXATION NO. 79 (SIERRA CREST – TRACT 20442), DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, PRELIMINARILY APPROVING THE ENGINEER’S REPORT, AND DECLARING THE CITY’S INTENTION TO ORDER THE ANNEXATIONS, AND OFFERING A TIME AND PLACE

FOR HEARING OBJECTIONS THERETO
The City Council of the City of Loma Linda 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 (the “Act”), and as provided by Article XIIID of the California Constitution, desires to initiate proceedings for the annexation of certain property, the residential areas known as Tract 20417 and 20442 (the “Annexation Territories”), to the Loma Linda Landscape Maintenance District No. 1 (the “District”) and for the levy and collection of annual assessment within the proposed Annexation Territories for the fiscal year 2025/2026, for the purposes provided therefore in the Act; and
WHEREAS, the public interest and convenience require the extension of the construction and maintenance of improvements by the District to the proposed Annexation Territories; and WHEREAS, the general location and boundaries of the Annexation Territories are shown on maps on file in the office of the City Clerk, are incorporated herein by reference, and open to public inspection; and
WHEREAS, the improvements to be installed, constructed or maintained within the proposed Annexation Territories may include installation, construction or maintenance of any authorized improvements under the Act, including, but not limited to landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof; and
WHEREAS, Proposition 218, the Right to Vote on Taxes Act does hereby require that a notice of the proposed assessment along with a ballot shall be mailed to all owners of identified parcels within the Annexation Territories, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice, such notice may be waived if property owner signs a waiver and notice authorizing the City to proceed with balloting procedures before the 45-day requirement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Loma Linda as follows:

1. That the above recitals are true and correct.

Resolution No. ________

2. That the City hereby proposes to annex to the Loma Linda Landscape Maintenance District No. 1, the residential area known as Gold Crest – Tract 20417, as Annexation No. 78, generally located south of Citrus Avenue and northeast of Mission Road, also known as Assessor Parcel Numbers 0292-731-01-0000 through 43, and 0292-741-01-0000 through 13, and Sierra Crest – Tract 20442, as Annexation No. 79, generally located north of Citrus Avenue and west of Bryn Mawr Avenue, also known as Assessor Parcel Numbers 0292-712-04-0000 through 66 and 0292- 713-01-0000 through 52 and to levy annual assessments thereon to provide for the following work if applicable:

Installation, construction or maintenance of any authorized improvements under the Act, including, but not limited to landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof.

The distinctive designation for the proposed Annexations shall be Annexations No. 78 and 79 to Loma Linda Landscape Maintenance District No. 1 when referred to separately and upon annexation will be included in the designation of the Loma Linda Landscape Maintenance District No. 1.

3. The City Council hereby designates Willdan Financial Services as the Engineer for the purposes of these proceedings and orders the Engineer to prepare and file with the City Clerk a written report in accordance with Article XIIID, Section 4 of the California Constitution and Article 4 (commencing with Section 22565) of Chapter 1 of the Act for the fiscal year 2024/2025 commencing July 1, 2024 and ending June 30, 2025. Such Report shall refer to the Annexation Territories by its distinctive designation.

4. The Engineer has prepared and filed with the City Clerk of the City of Loma Linda and the City Clerk has presented to the City Council such report entitled "Engineer’s Report, City of Loma Linda Landscape Maintenance District No. 1, Annexation No. 78 and 79 (the “Report”) which pertains to the proposed Annexations.

5. The City Council hereby (1) finds that the public interest and convenience requires; and (2) declares its intention to order the approval for the Annexations and to levy and collect assessments against the assessable lots and parcels of land within such Annexations for that portion of the fiscal year commencing July 1, 2025 and ending June 30, 2026 to pay the costs and expenses of the improvements described in Section 2 if applicable. If the assessments proposed by this resolution are approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIIID of the California Constitution, the City Council in subsequent fiscal years may thereafter impose the assessment at any rate or amount that is less than or equal to the amount authorized for fiscal year 2024/2025, increased each year based upon the Consumer Price Index (“CPI”) , for the Riverside-San Bernardino-Ontario area for Urban Consumers, as determined by the U.S. Bureau of Labor Statistics, or its successor without conducting another mailed ballot election. The Engineer shall compute the percentage of difference between the CPI for March of each year and the CPI for the previous March and shall then adjust the existing assessment by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Engineer shall use the revised index, or a comparable system as approved by the City Council for determining fluctuations in the cost of living.

Resolution No. ________

6. That notice is hereby given that on the 12th day of November 2024 at the hour of 7 p.m., or as soon thereafter as possible, in the City Council Chamber at 25541 Barton Road, in the City of Loma Linda, the City will hold a public hearing to receive and tabulate all ballots with reference to the Annexation Territories pursuant to the Right to Vote on Taxes Act.

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

PASSED, APPROVED, AND ADOPTED this 24th day of September 2024 by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Phill Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk
City of Loma Linda
Regular City Council Staff Report
Notice of Completion of the Construction of Concrete "V" Ditch at Richardson Street - Contractor: Crimson Marie Company (CIP 24-413) [Public Works]
Accept as complete and authorize recordation of Notice of Completion documents.

Meeting
Tuesday, September 24, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3S
To
City Council
From
Julia Loeffert, Executive Assistant
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council accept this project as substantially complete and authorize the City Clerk to file the Notice of Completion.

BACKGROUND:

On June 25, 2024, City Council awarded the contract to Crimson Marie Company for the construction of a concrete “V” Ditch at Richardson Street, in the amount of $54,800 with an approved contingency of $5,500. The contractor performed professionally and completed the work satisfactory. The final project cost was $57,873.27.  The additional cost was for materials and labor to extend the ditch three feet.  It was within the approved contingency amount.

Attached is the Notice of Completion for the subject project.  Upon City Council authorization, the City Clerk will submit the Notice of Completion for recordation.  The one (1) year warranty provided by the contractor will commence from the date of recordation.

ANALYSIS:

N/A
ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Funding for this project was budgeted in 3095350-58250.

Attachments
NOC V-Ditch on Richardson Street.pdf

LYNETTE ARREOLA
RECORDING REQUESTED BY:

AND
WHEN RECORDED MAIL TO:

LYNETTE ARREOLA

CITY CLERK

CITY OF LOMA LINDA
25541 BARTON ROAD
LOMA LINDA CA 92354
APN# N/A SPACE ABOVE THIS LINE FOR RECORDER’S USE
EXEMPT FROM FILING FEES, GOVERNMENT CODE SECTION 6103

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described:

2. The FULL NAME of the OWNER is City of Loma Linda

3. The FULL ADDRESS of the OWNER is 25541 Barton Road, Loma Linda, CA 92354

4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee. (If other than fee, strike “in fee” and insert, for example “purchaser under contract of purchase” or “lessee.”)

5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are:

Names Addresses

6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Names Addresses

7. A work of improvement on the property hereinafter described was COMPLETED July 30, 2024

8. The work of improvement completed is described as follows: Construction of concrete “V” ditch at Richardson Street (CIP 24-413)

9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Crimson Marie Company of Phelan, CA

10. The street address of said property is Richardson Street

11. The property on which said work of improvement was completed is in the City of Loma Linda County of San Bernardino , State of California, and is described as follows:

Construction of concrete “V” ditch at Richardson Street (CIP 24-413) Signature of Owner or Agent Owner Date:

Lynette Arreola, City Clerk
Verification of INDIVIDUAL owner : I, the
undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contends thereof, and that the facts stated therein are true and correct.

Date and Place (Signature of owner named in paragraph 2) Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Clerk of the aforesaid interest or “PRESIDENT, PARTNER, MANAGER, AGENT, ETC.”
in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

Date and Place (Signature of person signing on behalf of owner) Lynette Arreola, City Clerk
I:\Public Works Admin\Staff Reports\Notice of Completion\V-Ditch on Richardson Street.doc City of Loma Linda
Regular City Council Staff Report
Consider Taking Action to Establish a Revenue-Generating Committee, Including the Number of Members, Appointments and Terms; Mission/Purpose; Duties; and Goals [Councilmember Spencer-Hwang] Meeting
Tuesday, September 24, 2024, 7:00 PM
Agenda Group
New Business Item: 5A
To
City Council
From
AgendaLink, Support
RECOMMENDATION:

Presentation and attachment was prepared by Councilmember Rhonda Spencer-Hwang.

Attachments
RSH Revenue Generating Com handout.pdf
City of Loma Linda Revenue Generating Committee
The mission and purpose of the Loma Linda City Revenue Generating Committee (RGC) is to explore ways to develop revenue enhancement, diversification strategies, and make recommendations on such matters to the City Council.

It is critically important given the state of financial affairs within the City, that we develop a Revenue Generating Committee (RGC). A looming threat to the City's economic health is a lack of vision, insufficient planning, and complacency with economic development. In order for Loma Linda to maintain a high level of service for our citizens, the City must evolve. We should continue to pursue a level of economic growth that supports all of the amenities that Loma Linda residents desire and enjoy.

To meet rising expectations for service delivery amid tight budgets, municipal governments must increase revenues from existing sources, as well as, create new revenue streams.

Elected officials have four primary revenue sources, (service fees, fines, taxes and assets such as building and properties) and these sources are likely not optimized. The challenge is identifying and acting upon the opportunities that will have the greatest impact for the City.

The RGC will be charged with the following:
• Identification/development of new revenue streams and expansion of current streams to support the City's operations
• Identify areas where inefficiencies will be mitigated • Solicit ideas from all segments of the community, stakeholders, and experts from other cities with a proven track record of financial success
• Create a detailed community assessment (SWOT analysis) • Generate new ideas, fresh perspectives, and create the revenue generating plan for 90 days, 6 months, 1, 3, and 5 year plans
• Present plan to City Council at each interval, prior to implementation Prepared and Presented by Councilmember Rhonda Spencer-Hwang Revenue enhancement and diversification strategies may include, but not be limited to:

Increasing the probability of raising sufficient revenue to support current services and service levels.

Identifying and building on existing assets.

Assessment of what is already available in the community.

Assessment of how the community connects and overall design.

Assessment of who you are as a community. (We are a Wellness Capital (since 2008), one of only 5 in the world. People come from around the world to visit due to our international recognition. Our own motto "A city of health and prosperity").

Engagement of members of the community to plan for the future.

Comparison with other local cities and how to diversify ourselves.

Assessment and strategies for how to attract business. And how to grow current business (incentives ... etc.), Inspire local entrepreneurs to dream and implement.

Developing a greater ability to avoid fiscal crisis due to a normal economic cycle which can cause significant revenue fluctuations.

Enhancing the City's ability to generate revenue to finance increased spending requirements arising from judicial decisions, legislative demands, natural disasters or change in public demands or service priorities.

Development and educational component to assist the community in understanding the revenue characteristics of the City in terms of stability, growth, sensitivity to inflation, business cycles and the impact to tax payers.

In addition, to help gauge the likelihood and tenor of social acceptance prior to forging ahead with implementation, cities could consider conducting a citizen sentiment survey to understand how receptive residents might be to specific changes in fee structures and charges, services, ... etc ..

Size of RGC: 9 committee members
How long commitment: 12 month committee
Incentive: (need to identify this)
An outcome of the RGC includes:

Detailed community assessment (SWOT analysis)
Development of a 90 day, 1 year, 2, year 3 year, and 4 year plan for increasing revenue for the City.

Presentations to the City Council at 6 month and 1 year.

City of Loma Linda
Regular City Council Staff Report
Discussion of the Redlands Unified School District (RUSD) of their Intent to Establish a Community Facilities District and Authorizing a Levy of a Special Tax therein and Providing for the Annexation of Territory Proposed for Annexation in the future.

Meeting
Tuesday, September 24, 2024, 7:00 PM
Agenda Group
New Business Item: 5B
To
City Council
From
T Jarb Thaipejr, City Manager
Please see letter from the Redlands Unified School District (RUSD).

Attachments
RUSD resolution 31 re comm facilities district.pdf