Agenda packet — Redlands City Council, September 6, 2022 (part 2 of 3)

MUED-Water Production Div
955 Parkford Dr
Redlands, CA 92374
WTRPRO
310-523-1629 12300235 AS NEEDEDChristian Duenez2288
WATER- CHEMICAL CI2 GAS
PURCHASE ORDER TERM:

JULY 1, 2022 - JUNE 30, 2023.
.

PURCHASE ORDER AS PER CITY COUNCIL APPROVAL DATED JUNE 21, 2022 AND PER BID NO.20220301-02WP. .

NOT TO EXCEED DOLLAR AMOUNT PER YEAR. THIS PO WILL BE CLOSED WHEN THE TOTAL AMOUNT IS EXHAUSTED. .

PURCHASE ORDER WILL BE VALID ONLY WITH A CURRENT APPROVED MINIMUM LIABILITY COVERAGE ON FILE WITH RISK MANAGEMENT. .

1.0000 EA $40,000.0000 $40,000.00PROVIDE CHLORINE GAS ON A NEED-BY-NEED BASIS FOR THE CITY OF REDLANDS MUNICIPLE UTILITES AND ENGINEERING DEPARTMENT, WATER DIVISION. 1 PROCUREMENT MANAGER Purchase Order Total
Total Ext. Price $40,000.00
$40,000.00
PURCHASING DIVISION - 1270 W. PARK AVE. REDLANDS, CA 92373 - Email: [email protected]

PLEASE SEE ATTACHED PURCHASE ORDER TERMS AND CONDITIONS Regular Redlands meeting of 09-06-22
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CITY OF REDLANDS

PURCHASE ORDER TERMS AND CONDITIONS
unless otherwise specified in an executed agreement, the following shall apply

1. INVOICES: Each purchase order is to be invoiced separately and all invoices shall be submitted to the billing address as shown on the front of the Purchase Order. All invoices, shipping documents, correspondence, and-related papers must have the purchase order number and consignee shown clearly in their face.

2. PACKAGING AND DRAYAGE: Unless so specified on the Purchase Order and evidenced by a copy of the freight bill attached to the invoice, there shall be no charge to the City for either packaging and/or drayage

3. INSPECTION: All materials and workmanship provided under the terms of the Purchase Order are subject to inspection and test by the City to ensure compliance with the requirements and specifications contained therein. In the event that the goods or services delivered are defective, or are not in conformity with the Purchase Order, the City shall have the right to either reject said goods or services, or require that they be corrected or otherwise brought into conformity with the terms set forth in the Purchase Order.

4. RESPONSIBILITIES: Unless otherwise specified in the Purchase Order, the supplier/contractor shall be responsible for all items covered in said Purchase Order until delivered at the designated delivery point and thereafter accepted by the City. Supplier/contractor shall bear all risks as the goods and services provided until they are finally accepted by the City. Upon the City’s notice to supplier/contractor of its rejection of the goods or services provided or the need for the correction thereof. All such defective goods or services shall be removed from City premises, and any and all expenses incurred in the removal and/or correction of such defective goods or services shall be borne entirely by the supplier/contractor.

5. ACCEPTANCE: The City’s final acceptance of the goods or services provided under the Purchase Order shall be conclusive except in those instances where a latent defect or fraud is subsequently discovered, or when a supplier/contractor has committed such gross mistakes that they are tantamount to a fraud. The City’s failure to inspect and either accept or reject the goods or services delivered shall not relieve the supplier/contractor for the responsibility for strict compliance with the terms and specifications of the Purchase Order.

6. CHANGES: This Purchase Order may, at any time, be changed with regard to the materials or services to be furnished, the quantity ordered, the unit price, discount, delivery point or arrangements, terms or any other matters affecting a valid order. However, in order to be effective, any such change or amendment causes an increase or decrease in the cost of performance hereunder, an equitable adjustment shall be made to reflect the increase or the decrease in the cost thereof. Any such adjustment shall be subject to the written approval of the Purchasing Agent. No variation in the quality, quantity, or coat of any item called for by this Purchase Order Shall be acceptable by the City except in pursuance of a written Change Order approved by the Purchasing Agent.

7. TERMINATION: This Purchase Order may be terminated, in whole or in part, at any time, by written notice to the supplier/contractor. Such termination shall be effective with respect to the quantity, manner, and time specified in such notice. The City shall be liable at the stipulated price only for such materials and/or services as have been delivered and/or rendered and accepted as of the effective date of said written notice. The City shall not be liable for any excess cost arising out of such termination, and failure of the supplier/contractor to cease delivery and/or work upon receipt of such termination notice shall not occasion a claim for extra costs.

8. TIME IS OF THE ESSENCE: In the event that the supplier/contractor fails to perform this Purchase Order within the time specified, the Purchasing Agent may, by written notice, order the supplier/contractor to cease further deliveries and may hold the supplier/contractor liable for any damages caused to the City by reason of such delay. If no time is specified, it is expected that the supplier/contractor shall begin performance within a reasonable time after placement of the order. The City may extend periods of performance if the facts as to the cause of the delay, in sole opinion of the Purchasing Agent, justify such an extension.

9. LIABILTIY: The supplier/contractor shall defend, indemnify and hold harmless the City, its elected officials, officers, employees, and agents from all claims, losses, damages, costs, expenses and suits, in law or in equity, because of personal injury, property damage, or alleged or actual patent infringements, based on the performance of this Purchase Order or asserted against it. Further, supplier/contractor warrants that the City shall not be responsible for any damages that may be claimed by reason or death injury of the person of the supplier/contractor’s officer, agents, employees, invitees or licensees or for damage to any property of the supplier/contractor or any other damage that may arise or result at anytime because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed by proximately or otherwise by reason of, or in course of, carrying out this Purchase Order.

10. DISPUTES: All disputes concerning questions of fact which may arise under this Purchase Order under this Purchase Order, and not disposed of by mutual agreement and/or consent, shall be decided by the sole discretion of the Purchasing Agent. All disputes concerning questions of law, which may arise under this Purchase Order, shall be decided under applicable laws of the State of California.

11. PAYMENTS: Payments shall be made upon submission of an itemized invoice, presented in duplicate of the prices stipulated in the Purchase Order and within 30 days of becoming due for supplies delivered and accepted or services rendered and accepted, less deductions if any. When requested by the supplier/contractor, payment on partial deliveries may be made whenever, in the sole discretion of the Purchasing Agent, the surrounding circumstances warrant such partial payment. In the event and, if for any reason, an overpayment is made; the City requires prompt refund of said overpayment by way of supplier/contactor’s properly referenced check.

12. LICENSOR: All supplier/contractors who perform work within the City, must have on file at the Redlands City Revenue Office, a current and valid city business license.

13. CONFORMITY WITH SAFETY ORDERS: The goods and/or services covered by this Purchase Order or contract must conform to the safety order of OSHA, CAL-OSHA, and/or NIOSHA and any and all applicable material safety data sheets (MSDS).

14. PREVAILING WAGES: When applicable, the City is subject to the State of California prevailing wage laws as set forth in California Labor Code Section 1770 et seq. The contractor is responsible for determining the appropriate Department of Industrial Relations (DIR) classification for the various employees and subcontractors used for a particular project or service. The rates for each classification are posted on the DIR website at http://www.dir.ca.gov/DIRdatabases.html. All contractors performing work for the City are responsible for abiding by all applicable prevailing wage laws, and must furnish the City with Certified Payroll Records upon request.

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City Council/Successor Agency Meeting I. 13.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Public Works Contract with McDonnell Roofing, Inc. for the Hinckley Water Treatment Plant Roof Replacement Project for an amount not-to-exceed $118,003, an additional appropriation of $118,003, and determination that these actions are categorically exempt from environmental review pursuant to Section 15301(d) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris) MOTION(S):

If City Council determines the staff recommendation is appropriate, the following motions are provided:

I move that City Council determine that approval of a Public Works Contract with McDonnell Roofing, Inc. for the Hinckley Water Treatment Plant Roof Replacement Project is categorically exempt from environmental review pursuant to Section 15301(d) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move that City Council approve the Public Works Contract with McDonnell Roofing, Inc. for the Hinckley Water Treatment Plant Roof Replacement Project for an amount not-to-exceed $118,003; and

2. I move that City Council approve the additional appropriation of $118,003 for the Hinckley Water Treatment Plant Roof Replacement Project.

3. RECOMMENDATION:

Staff recommends that City Council determine approval of a Public Works Contract with McDonnell Roofing, Inc. for the Hinckley Water Treatment Plant Roof Replacement Project is categorically exempt from environmental review pursuant to Section 15301(d) of the State's guidelines implementing the California Environmental Quality Act.

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Staff also recommends that City Council approve a Public Works Contract with McDonnell Roofing, Inc. for the Hinckley Water Treatment Plant Roof Replacement Project for an amount not-to-exceed $118,003 Staff also recommends that City Council approve the additional appropriation of $118,003 for the Hinckley Water Treatment Plant Roof Replacement Project.

DISCUSSION:

The Horace P. Hinckley Water Treatment Plant (Hinckley WTP) produces approximately twenty-five percent (25%) of the City's drinking water each year and serves approximately 83,000 Redlands water customers. The Hinckley WTP roof is thirty-six (36) years old and has received spot repairs in several locations to stop water intrusion into the facility. The roof has surpassed its anticipated service life and is in dire need of replacement.

Recently, the Facilities and Community Services Department (FCS) solicited bids from qualified contractors to replace the Hinckley WTP roof. On June 30, 2022, the City Clerk received and opened project bids from the following five (5) contractors:

BIDDER AMOUNT
BEST CONTRACTING $182,014
FC & SON $177,298
RITE-WAY ROOFING $149,983
4 SEASONS ROOFING $140,540
McDONNELL ROOFING, INC. $118,003
Staff reviewed each project bid and determined that McDonnell Roofing, Inc. submitted the lowest responsive and responsible bid. Funding for this project was included in the FCS FY 21/22 budget with the intent of completing the work prior to July 1, 2022. However, staffing limitations prevented completion of the procurement process prior to the end of the fiscal year, and the FY 22/23 budget does not include funding for this project. Therefore, an additional appropriation of $118,003 from the Water Service Fund unrestricted cash balance is necessary to fund the project.

This project is categorically exempt from environmental review in accordance with Section 15301(d) of the State's guidelines implementing the California Environmental Quality Act since it is an improvement to an existing public facility.

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ALTERNATIVES:

City Council may deny the staff recommendation and provide alternative direction.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Kevin O. Watson, Utilities Operations Manager
PREPARED BY:

Paul Mariscal, Water Production Operations and Maintenance Superintendent Fiscal Impact
Fiscal Year: FY 22/23
Revenue Generating: N
Appropriation Required Y/N: Y
Amount: $118,003
Budgeted Y/N: N
Account No.: 501900
Discussion:

An additional appropriation of $118,003 from the Water Service Fund unrestricted cash balance is necessary to fund this project.

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Attachments
Roof Management Report
Bid Opening Report
Hinckley WTP Roof Additional Appropriation Form
Public Works Contract McDonnell Roofing
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1 L:\ca\Agreements\McDonnell Roofing Contract.PW-3.1.FY22-0014.doc.jn

PUBLIC WORK CONSTRUCTION CONTRACT

This Public Work Construction contract (“Contract”) is made and entered into this 6th day of September, 2022, by and between the City of Redlands , a municipal c orporation, organized and existing under the laws of the S tate of California (hereinafter “City”), and McDonnell Roofing, Inc. (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

In consideration of the mutual promises contained herein, City and Contractor agree as follows:

1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: Hinckley Water Treatment Plant Roof Replacement Project, complete all items as required by the C ontract Documents (as herein defined) and Specifications for City’s Hinckley Water Treatment Plant Roof Replacement Project – FCS04222022KG (the “Work”).

2. CONTRACT SUM: City shall pay Contractor the sum of One Hundred Eighteen Thousand Threet dollars ($118,003) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.

3. TIME FOR COMPLETION: The Work shall be completed within sixty (60) ca lendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.

4. LIQUIDATED DAMAGES: Contractor’s failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and w ill continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor , the sum of five hundred dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that five hundred d ollars ($500) per day is the estimated damage to City caused by the failure of the Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.

5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).

6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entit led to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.

7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by C ontractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Regular Redlands meeting of 09-06-22
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2 L:\ca\Agreements\McDonnell Roofing Contract.PW-3.1.FY22-0014.doc.jn Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.

8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of i ts subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.

9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.

10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in r espect to all covenants, agreements, and obligations contained in the Contract Documents.

11. SEVERABILITY: Any provision or part of the Contract D ocuments held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.

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3 L:\ca\Agreements\McDonnell Roofing Contract.PW-3.1.FY22-0014.doc.jn IN WITNESS WHEREOF, the P arties hereto have executed this Contract the day and year first written above.

CITY OF REDLANDS
(SEAL)

By:____________________________________
Paul T. Barich, Mayor
ATTEST:

____________________________________
Jeanne Donaldson, City Clerk
(SEAL)

__________________________________________
Name of Contractor

By:_______________________________________
Signature of Authorized Agent

__________________________________________
Title

__________________________________________
Signature of Authorized Agent (if necessary)

__________________________________________
Title

__________________________________________
Contractor's License No.

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WORKER'S COMPENSATION INSURANCE CERTIFICATION

Description of Contract: City of Redlands
Municipal Utilities & Engineering Department
Hinckley Water Treatment Plant Roof Replacement Project FCS04222022KG

Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:

a. By being insured against liability t o pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to self - insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

_____I am aware of the pro visions of Se ction 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ a ny person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certif icate of consent to self -insure, or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

Dated this day of , 2022. _____________________________________
(Contractor)
_____________________________________
(Signature)
_____________________________________
(Official Title)

(SEAL)

(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.)
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FAITHFUL PERFORMANCE BOND

Whereas, the City of Redlands (“City”), State of Ca lifornia, and M cDonnell Roofing, Inc. (hereinafter designated as "Principal") have entered into an agreement dated September 20,, 2022 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as Hinckley Water Treatment Plant Roof Replacement Project and is hereby referred to and made a part hereof; and

Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, ther efore, we, the Principal and , McDonnel l Roofing, Inc, as Surety, are held and firmly bound unto the City in the penal sum of ________________________________ dollars ($_______________) lawful money of the United States, for the pay ment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept a nd performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one -year guarantee of all materials and workmanship, and shall defend, indemnify and save harmle ss the C ity and its e lected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addi tion t o the face amo unt specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered.

As a condition precedent to the satisfactory completion of the Work , the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which t ime if the Principal s hall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defec tive materials or faul ty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains.

Whenever the Principal shall b e, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City’s option:

1. Complete the Work in accordance with its terms and conditions; or

2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and t he City, and make avai lable as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above. The term “balance of the Agreement price,” as used in this paragraph, shall Regular Redlands meeting of 09-06-22
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6 L:\ca\Agreements\McDonnell Roofing Contract.PW-3.1.FY22-0014.doc.jn mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.

Surety shall not utilize the Principal in comp leting the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City’s objection to the Principal’s further participation in the completion of the Work.

No right of action sha ll accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period.

The said Sur ety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same sha ll in any way affect i ts obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

No final settlement between the City an d the Pr incipal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each sh all pa y the City’s r easonable attorneys’ fees incurred, with or without suit, in addition to the above sum.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2022.

(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)

Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________

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LABOR AND MATERIAL BOND

Whereas, the City Council of the City of Redlands, State of California, and McDonnel l Roofing, Inc. (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal ag rees t o install and com plete certain designated public improvements (the “Work”), which said agreement, dated September 20, 2022, and identified as Hinckley Water Treatment Plant Roof Replacement Project – FCS04222022KG is hereby referred to and made a part hereof; and

Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commenc ing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.

Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subc ontractors, laborers, material me n and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ______________ dollars ($_____) for materials furnished or labor thereon of any kind, or for amounts due under the U nemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face am ount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Di vision 4 of the Civil Code, s o as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.

In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 2022.

(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________

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City Council/Successor Agency Meeting I. 14.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve Resolution No. 8380 adopting a Five-Year Capital Project Needs Analysis for FY 23/24 through FY 27/28 and determining this action is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):

If City Council determines the staff recommendation is appropriate, the following motion is provided:

I move to approve Resolution No. 8380.

RECOMMENDATION:

Staff recommends City Council adoption of Resolution No. 8380.

DISCUSSION:

In November 1989, San Bernardino County voters approved passage of Measure I, which imposes a one-half of one percent retail transaction and use tax within the County of San Bernardino. Although the Measure I tax was scheduled to sunset in 2010, San Bernardino County voters approved the renewal of Measure I in November 2004 for thirty (30) additional years from 2010 to 2040.

The Measure I Strategic Plan requires each local jurisdiction receiving a portion of Measure I revenues to annually adopt a Five-Year Capital Project Needs Analysis (CPNA). The CPNA outlines the specific regional projects for which Measure I funds will be expended. San Bernardino County Transportation Authority (SBCTA) staff uses the CPNA and additional information to conduct a cash-flow analysis. Once the analysis is completed, a recommendation for Regular Redlands meeting of 09-06-22
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cash-flow analysis. Once the analysis is completed, a recommendation for apportionment and specific project allocations are considered by the SBCTA Policy Committee and Board of Directors to determine budgets for each jurisdiction for the next five (5) years.

A portion of Measure I funding is combined with Development Impact Fees collected by the City from each new development to construct transportation improvements. The City is required to adopt the attached resolution to remain eligible for its proportional share of Measure I revenue disbursements from SBCTA. Approval of Resolution No. 8380 allows staff to request reimbursement from Measure I revenues when expenditures related to each of the listed projects occur.

Projects listed in the Five-Year CPNA (FY 23/24 through FY 27/28) include:

Traffic signal installation at Ford Street and Interstate 10 (I-10) eastbound off-ramp and westbound on-ramp;
Intersection improvements at University Street and Colton Avenue; Traffic signal installation at Dearborn Street and Citrus Avenue; Traffic signal installation at Wabash Avenue and Citrus Avenue; Widen San Bernardino Avenue to four lanes from Church Street to Wabash Avenue;
Widen Pioneer Avenue to four lanes from Furlow Drive to Texas Street;

Adoption of Resolution No. 8380 is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (CEQA), as it can be seen with certainty that approval of this Resolution will have no physical effect on the environment.

ALTERNATIVES:

City Council may elect to deny the staff recommendation. However, the City will not be eligible for future Measure I revenue disbursements if the Resolution is not adopted.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:

Charles M. Duggan, Jr., City Manager
REVIEWED BY:

Regular Redlands meeting of 09-06-22
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REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Goutam K. Dobey, City Engineer
PREPARED BY:

Gerard Nepomuceno, Civil Engineer
Fiscal Impact
Discussion:

There is no fiscal impact associated with approval of Resolution No. 8380.

Anticipated Measure I revenues and eligible project expenditures are included in the Operating Budget each fiscal year.

Attachments
Resolution No. 8380
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1 L:\ca\Reso\8380 Measure I Five-Year Capital Project Needs Analysis.docx RESOLUTION NO. 8380

RESOLUTION OF T HE CITY COUNCIL OF THE CITY OF REDLANDS

ADOPTING THE MEASURE I FIVE-YEAR CAP ITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2023/2024 THROUGH 2027/2028.

WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one -half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and

WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-1 of the Authority; and

WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue f rom certain Measure I Programs to annually adopt and update a Five -Year Capital Project Needs Analysis.

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

Section 1. This City Council determines that approval of this Resolution is exempt from review under California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15061(b)(3), as it can be seen with certainty by this City Council that the approval of this Resolution establishing a Five -Year Capital Project Needs Analysis will have no physical effect on the environment.

Section 2. That the Measure I Five- Year Capital Project Needs Analy sis for Fiscal Years 2023/2024 through 2027/2028, attached to this Resolution as Exhibit “A,” is hereby adopted.

ADOPTED, SIGNED AND APPROVED this 6th day of September, 2022.

____________________________________________

Paul T. Barich, Mayor

ATTEST:

________________________
Jeanne Donaldson, City Clerk
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2 L:\ca\Reso\8380 Measure I Five-Year Capital Project Needs Analysis.docx I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 6 th day of September, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Jeanne Donaldson, City Clerk
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3 L:\ca\Reso\8380 Measure I Five-Year Capital Project Needs Analysis.docx EXHIBIT “A”

MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS

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Nexus Project Cost 812,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 76.9%
Dev. Share: 23.10%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost: $10,000.00
Fund Type: MSI Arterial $ - $ - $ 7,690.00 $ - $ - $ - $ - DEV FEE $ - $ - $ 2,310.00 $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $202,000.00
Fund Type: MSI Arterial $ - $ - $ 155,338.00 $ - $ - $ - $ - DEV FEE $ - $ - $ 46,662.00 $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $600,000.00
Fund Type: MSI Arterial $ - $ - $ - $ 461,400.00 $ - $ - $ - DEV FEE $ - $ - $ - $ 138,600.00 $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - Reference: Measure I Policies 40005 and 40006
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.

Capital Project Needs Analysis
City of Redlands
Valley Arterial Sub-Program
Construct a Traffic Signal at the
Intersection of Ford St and I-10
WB On-ramp
Current Total Project Cost
Estimate:
$812,000.00
Total Measure I Request:
$624,428.00
(Summation of Measure I)
Comments:
2024-2028 CPNA.xlsx - Proj 1
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Nexus Project Cost 812,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 76.9%
Dev. Share: 23.10%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost: $10,000.00
Fund Type: MSI Arterial $ - $ - $ 7,690.00 $ - $ - $ - $ - DEV FEE $ - $ - $ 2,310.00 $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $202,000.00
Fund Type: MSI Arterial $ - $ - $ 155,338.00 $ - $ - $ - $ - DEV FEE $ - $ - $ 46,662.00 $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $600,000.00
Fund Type: MSI Arterial $ - $ - $ - $ 461,400.00 $ - $ - $ - DEV FEE $ - $ - $ - $ 138,600.00 $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - Reference: Measure I Policies 40005 and 40006
Capital Project Needs Analysis
City of Redlands
Valley Arterial Sub-Program
Construct a Traffic Signal at the
Intersection of Ford St and I-10 Off
Ramp
Current Total Project Cost
Estimate:
$812,000.00
Total Measure I Request:
$624,428.00
(Summation of Measure I)
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.

Comments:
2024-2028 CPNA.xlsx - Proj 2
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Nexus Project Cost 750,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 76.9%
Dev. Share: 23.10%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost: $50,000.00
Fund Type: MSI Arterial $ - $ 38,450.00 $ - $ - $ - $ - $ - DEV FEE $ - $ 11,550.00 $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $100,000.00
Fund Type: MSI Arterial $ - $ 76,900.00 $ - $ - $ - $ - $ - DEV FEE $ - $ 23,100.00 $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $600,000.00
Fund Type: MSI Arterial $ - $ - $ 461,400.00 $ - $ - $ - $ - DEV FEE $ - $ - $ 138,600.00 $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - Reference: Measure I Policies 40005 and 40006
Capital Project Needs Analysis
City of Redlands
Valley Arterial Sub-Program
Intersection Improvements at
University and Colton
Current Total Project Cost
Estimate:
$750,000.00
Total Measure I Request:
$576,750.00
(Summation of Measure I)
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.

Comments:
2024-2028 CPNA.xlsx - Proj 3
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Nexus Project Cost 750,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 76.9%
Dev. Share: 23.10%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost: $50,000.00
Fund Type: MSI Arterial $ - $ - $ - $ 38,450.00 $ - $ - $ - DEV FEE $ - $ - $ - $ 11,550.00 $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $100,000.00
Fund Type: MSI Arterial $ - $ - $ - $ 76,900.00 $ - $ - $ - DEV FEE $ - $ - $ - $ 23,100.00 $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $600,000.00
Fund Type: MSI Arterial $ - $ - $ - $ 461,400.00 $ - $ - $ - DEV FEE $ - $ - $ - $ 138,600.00 $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - Reference: Measure I Policies 40005 and 40006
$750,000.00
Total Measure I Request:
$576,750.00
Capital Project Needs Analysis
City of Redlands
Valley Arterial Sub-Program
Construct a Traffic Signal at the
Intersection of Dearborn St and
Citrus Ave
Current Total Project Cost
Estimate:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.
(Summation of Measure I)
Comments:
2024-2028 CPNA.xlsx - Proj 4
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Nexus Project Cost 750,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 76.9%
Dev. Share: 23.10%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost: $50,000.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ 38,450.00 $ - $ - DEV FEE $ - $ - $ - $ - $ 11,550.00 $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $100,000.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ 76,900.00 $ - $ - - Select Fund - $ - $ - $ - $ - $ 23,100.00 $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $600,000.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ 461,400.00 $ - $ - DEV FEE $ - $ - $ - $ - $ 138,600.00 $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - Reference: Measure I Policies 40005 and 40006
$750,000.00
Total Measure I Request:
$576,750.00
Capital Project Needs Analysis
City of Redlands
Valley Arterial Sub-Program
Construct a Traffic Signal at the
Intersection of Wabash Ave and
Citrus Ave
Current Total Project Cost
Estimate:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.
(Summation of Measure I)
Comments:
2024-2028 CPNA.xlsx - Proj 5
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Nexus Project Cost 641,700$
Dev. Loan? No
5-Year Advance? No
Public Share: 76.9%
Dev. Share: 23.10%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost: $100,000.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ 76,900.00 $ - $ - DEV FEE $ - $ - $ - $ - $ 23,100.00 $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ -
$ - $ - $ - $ - $ - $ - PS&E
Total Cost: $541,700.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ 416,567.00 $ - $ - - Select Fund - $ - $ - $ - $ - $ 125,133.00 $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - Reference: Measure I Policies 40005 and 40006
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.
(Summation of Measure I)
Comments:
$641,700.00
Total Measure I Request:
$493,467.00
Capital Project Needs Analysis
City of Redlands
Valley Arterial Sub-Program
Widen San Bernardino Ave from
Church St to Wabash Ave from 2
to 4 lanes
Current Total Project Cost
Estimate:
2024-2028 CPNA.xlsx - Proj 6
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Nexus Project Cost 1,500,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 76.9%
Dev. Share: 23.10%
Project Information Phase Funding PRIOR* FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FUTURE PA&ED
Total Cost: $150,000.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ 115,350.00 $ - $ - DEV FEE $ - $ - $ - $ - $ 34,650.00 $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ -
$ - $ - $ - $ - $ - $ - PS&E
Total Cost: $225,000.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ 173,025.00 $ - $ - DEV FEE $ - $ - $ - $ - $ 51,975.00 $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $150,000.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ 115,350.00 $ - $ - DEV FEE $ - $ - $ - $ - $ 34,650.00 $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $975,000.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ 749,775.00 $ - DEV FEE $ - $ - $ - $ - $ - $ 225,225.00 $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - Reference: Measure I Policies 40005 and 40006
$1,500,000.00
Total Measure I Request:
$1,153,500.00
Capital Project Needs Analysis
City of Redlands
Valley Arterial Sub-Program
Widening Pioneer Ave from Furlow
Dr to Texas St from 2 to 4 lanes
Current Total Project Cost
Estimate:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2022/2023 expenses.
(Summation of Measure I)
Comments:
2024-2028 CPNA.xlsx - Proj 7
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ATTACHMENT D

SHARES ALLOCATIONS
Jurisdiction
Current
Equitable
Share*
FY10/11 thru
FY22/23
Reimbursements
FY10/11 thru
5/16/22
Allocation
Balance
Approved
Advances
@ 5/16/22
Term Loan
Collateral
@ 5/16/22
Chino 7.591% $15,855,529 $298,946 $15,556,583 $10,500,000 Chino Hills 2.194% $3,043,718 $0 $3,043,718
Colton 2.534% $5,659,632 $387,519 $5,272,114
Fontana 19.400% $34,015,223 $7,078,632 $26,936,591
Grand Terrace 1.389% $3,102,301 $151,462 $2,950,839
Highland 6.777% $15,081,238 $4,290,669 $10,790,569 $5,391,695 Loma Linda 4.074% $9,099,188 $2,591,019 $6,508,170
Montclair 0.597% $1,333,386 $1,913,734 -$580,349 $1,033,100 $452,751 Ontario 12.272% $27,409,239 $16,326,701 $11,082,538 $6,383,764 $213,466 Rancho Cucamonga 5.044% $9,177,934 $5,429,607 $3,748,327 Redlands 4.854% $10,841,301 $2,112,512 $8,728,789
Rialto 3.831% $8,146,197 $4,411,246 $3,734,951
San Bernardino 7.857% $17,548,434 $8,381,133 $9,167,301 $12,000,000 Upland 2.743% $6,126,429 $3,799,396 $2,327,033 $2,029,872 Yucaipa 5.965% $12,080,227 $12,243,735 -$163,509 $6,000,000 County 12.878% $28,762,726 $6,039,970 $22,722,756
Totals 100.000% $207,282,702 $75,456,282 $131,826,420 $37,946,736 $6,057,911 Measure I Valley Major Street/Arterial Sub-Program
Summary of Allocations, Balances & Special Arrangements

BALANCES SPECIAL ARRANGEMENTS
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ATTACHMENT F
SHARES
Current
Equitable Share FY23/24 FY24/25 FY25/26 FY26/27 FY27/28 Total Projected
Revenue
Current Allocation
Balance
Total Available
through FY27/28
Chino 7.591% $2,247,748 $2,247,748 $2,265,823 $2,285,726 $2,316,699 $11,363,744 $15,556,583 $26,920,327 Chino Hills 2.194% $0 $0 $0 $0 $0 $0 $3,043,718 $3,043,718 Colton 2.534% $786,498 $786,498 $792,616 $799,354 $809,839 $3,974,805 $5,272,114 $9,246,919 Fontana 19.400% $4,006,165 $4,006,165 $4,051,482 $4,101,385 $4,179,040 $20,344,238 $26,936,591 $47,280,828 Grand Terrace 1.389% $431,115 $431,115 $434,469 $438,162 $443,910 $2,178,771 $2,950,839 $5,129,610 Highland 6.777% $2,098,004 $2,098,005 $2,114,356 $2,132,362 $2,160,382 $10,603,109 $10,790,569 $21,393,678 Loma Linda 4.074% $1,264,479 $1,264,480 $1,274,317 $1,285,150 $1,302,007 $6,390,433 $6,508,170 $12,898,602 Montclair 0.597% $185,296 $185,296 $186,737 $188,325 $190,795 $936,448 ($580,349) $356,099 Ontario 12.272% $3,808,957 $3,808,958 $3,838,591 $3,871,222 $3,922,001 $19,249,728 $11,082,538 $30,332,265 Rancho Cucamonga 5.044% $1,193,591 $1,193,591 $1,205,373 $1,218,348 $1,238,538 $6,049,441 $3,748,327 $9,797,768 Redlands 4.854% $1,506,574 $1,506,574 $1,518,295 $1,531,202 $1,551,287 $7,613,932 $8,728,789 $16,342,721 Rialto 3.831% $1,148,611 $1,148,611 $1,157,766 $1,167,848 $1,183,536 $5,806,371 $3,734,951 $9,541,323 San Bernardino 7.857% $2,438,639 $2,438,639 $2,457,611 $2,478,503 $2,511,014 $12,324,406 $9,167,301 $21,491,707 Upland 2.743% $851,367 $851,367 $857,990 $865,284 $876,634 $4,302,640 $2,327,033 $6,629,673 Yucaipa 5.965% $1,728,909 $1,728,909 $1,743,024 $1,758,568 $1,782,755 $8,742,166 ($163,509) $8,578,657 County 12.878% $3,997,046 $3,997,047 $4,028,143 $4,062,385 $4,115,672 $20,200,293 $22,722,756 $42,923,049 Totals 100.000% $27,692,998 $27,693,000 $27,926,594 $28,183,823 $28,584,109 $140,080,524 $131,826,420 $271,906,944 Jurisdiction
CPNA REVENUE PROJECTIONS* TOTALS
Measure I Valley Major Street/Arterial Sub-Program
Revenue Projections Fiscal Years 2023/2024 through 2027/2028 * 15-year reconciliation of shares in effect until FY35/36, which reduces allocations to Chino Hills, Fontana, and Rancho Cucamonga to account for allocations to projects through the Project Advancement Agreement process.

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City Council/Successor Agency Meeting I. 15.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve Purchase Order modifications with Grainger Industrial Supply and HERC Rentals and determine that this action is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris) MOTION(S):

If City Council determines the staff recommendations are appropriate, the following motions are provided:

I move that City Council determine approval of the Purchase Order modifications with Grainger Industrial Supply and HERC Rentals are exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act.

1. I move City Council to approve Purchase Order modifications with Grainger Industrial Supply ($20,000.00) and HERC Rentals ($10,000.00).

2. RECOMMENDATION:

Staff recommends City Council determine that approval of the modifications to the Municipal Utilities and Engineering Department Annual Purchase Orders is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act.

Staff further recommends approval of Purchase Order modifications with Grainger Industrial Supply ($20,000) and HERC Rentals ($10,000).

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DISCUSSION:

In June 2022, City Council approved Municipal Utilities and Engineering Department (MUED) annual Purchase Orders (POs) for common products and services provided by various consultants, contractors, and vendors. This approval included annual POs with Grainger Industrial Supply (Grainger) and HERC Rentals (HERC) for $91,500 and $88,000 respectively. These annual POs are used to quickly procure goods and services necessary to accomplish daily tasks throughout the City. The City's Street Maintenance Division, which routinely purchases products from Grainger and HERC, recently transferred to MUED from the Facilities and Community Services Department and joined the MUED Construction Inspection team to form the new MUED Streets and Inspections Division. It is now necessary to increase the previously approved MUED annual POs with Grainger and HERC to allow Streets and Inspections Division employees to procure products from these vendors.

MUED recommends a $20,000 increase in the previously approved annual PO with Grainger and a $10,000 increase in the previously approved annual PO with HERC. No additional funding appropriation is necessary, since these expenditures are included in the current MUED Operating Budget.

ALTERNATIVES:

City Council may deny the staff recommendation, although this would limit the ability to purchase materials necessary to complete daily tasks throughout the city.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:

Christian Duenez, Senior Administrative Assistant
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Fiscal Impact
Fiscal Year: FY 22/23
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: Y
Account No.: 101401, 101402
Discussion:

There is no fiscal impact associated with these PO modifications. These expenditures are included in the following MUED Operating Budgets:
101401-7208 $10,000 (Grainger)
101402-7208 $10,000 (Grainger)
101401-6908 $10,000 (HERC)
Attachments
A - Grainger FY 22/23 PO
B - HERC FY 22/23 PO
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Vendor
Bill To
Fiscal Year
Department
Purchase Order Date
Purchase Order Number
Required By
Ship To
VENDOR PHONE NUMBER REQUISITION NUMBERVENDOR NUMBERVENDOR FAX NUMBER DELIVERY REFERENCEBUYER NAME NOTES
ITEM # DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED PRICE

PURCHASE ORDER
2051

GRAINGER
1151 E COLUMBIA AVE
RIVERSIDE, CA 92507

CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
EMAIL: [email protected]
*Emailing invoice and referencing PO No.
is required and will expedite payment*
.

FINBIL
22300200

MUNICIPAL UTIL & ENGINEERING
06/30/2022

THIS PURCHASE ORDER NUMBER MUST APPEAR ON
ALL INVOICES, PACKAGES, AND SHIPPING PAPERS.
07/01/2022

Page 1 of 12023 ends

MUED-Wastewater Div
1950 Nevada St
Redlands, CA 92373
WTSWTR
847-753-5122 12300254 AS NEEDEDChristian Duenez2051

MISCELLANEOUS TOOLS AND SUPPLIES
PURCHASE ORDER TERM:

JULY 1, 2022 - JUNE 30, 2023.
.

NOT TO EXCEED DOLLAR AMOUNT PER YEAR. THIS PO WILL BE CLOSED WHEN THE TOTAL AMOUNT IS EXHAUSTED. .

PURCHASE ORDER AS PER NASPO AGREEMENT NO.8496 DATED APRIL 25, 2018 AND CITY COUNCIL APPROVAL DATED JUNE 21, 2022. .

GRAINGER ACCOUNT MANAGER:

TARA STRAIT
847-753-5122
[email protected].
.

1.0000 EA $91,500.0000 $91,500.00PROVIDE MISCELLANEOUS PARTS, TOOLS, AND SUPPLIES ON A NEED-BY-NEED

BASIS FOR THE CITY OF REDLANDS MUNICIPAL UTILITIES ENGINEERING DEPARTMENT, WATER AND WASTE WATER DIVISIONS.
1 PROCUREMENT MANAGER Purchase Order Total
Total Ext. Price $91,500.00
$91,500.00
PURCHASING DIVISION - 1270 W. PARK AVE. REDLANDS, CA 92373 - Email: [email protected]

PLEASE SEE ATTACHED PURCHASE ORDER TERMS AND CONDITIONS Regular Redlands meeting of 09-06-22
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CITY OF REDLANDS

PURCHASE ORDER TERMS AND CONDITIONS
unless otherwise specified in an executed agreement, the following shall apply

12. LICENSOR: All supplier/contractors who perform work within the City, must have on file at the Redlands City Revenue Office, a current and valid city business license.

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Vendor
Bill To
Fiscal Year
Department
Purchase Order Date
Purchase Order Number
Required By
Ship To
VENDOR PHONE NUMBER REQUISITION NUMBERVENDOR NUMBERVENDOR FAX NUMBER DELIVERY REFERENCEBUYER NAME NOTES
ITEM # DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED PRICE

PURCHASE ORDER
2132

HERC RENTALS INC
PO BOX 936257
ATLANTA, GA 31193

CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
EMAIL: [email protected]
*Emailing invoice and referencing PO No.
is required and will expedite payment*
.

FINBIL
22300187

MUNICIPAL UTIL & ENGINEERING
06/30/2022

THIS PURCHASE ORDER NUMBER MUST APPEAR ON
ALL INVOICES, PACKAGES, AND SHIPPING PAPERS.
07/01/2022

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MUED-Wastewater Div
1950 Nevada St
Redlands, CA 92373
WTSWTR
951-684-4991 12300255 AS NEEDEDChristian Duenez2132

VEHICLE AND EQUIPMENT RENTAL
PURCHASE ORDER TERM:

JULY 1, 2022 - JUNE 30, 2023.
.

NOT TO EXCEED DOLLAR AMOUNT PER YEAR. THIS PO WILL BE CLOSED WHEN THE TOTAL AMOUNT IS EXHAUSTED. .

PURCHASE ORDER AS PER OMNIA PARTNERS CONTRACT NO.1019000318 DATED NOVEMBER 1, 2018 AND PER CITY COUNCIL APPROVAL DATED JUNE 21, 2022. .

SALES REPRESENTATIVE:

DOXIE EATON
WORK: 951-684-4991
CELL: 951-236-6235
EMAIL: [email protected]
.

1.0000 EA $88,000.0000 $88,000.00PROVIDE VEHICLE AND EQUIPMENT RENTALS ON A NEED-BY-NEED BASIS FOR CITY

OF REDLANDS MUNICIPLE UTILITIES ENGINEERING DEPARTMENT, WATER AND WASTEWATER DIVISIONS.
1 PROCUREMENT MANAGER Purchase Order Total
Total Ext. Price $88,000.00
$88,000.00
PURCHASING DIVISION - 1270 W. PARK AVE. REDLANDS, CA 92373 - Email: [email protected]

PLEASE SEE ATTACHED PURCHASE ORDER TERMS AND CONDITIONS Regular Redlands meeting of 09-06-22
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CITY OF REDLANDS

PURCHASE ORDER TERMS AND CONDITIONS
unless otherwise specified in an executed agreement, the following shall apply

12. LICENSOR: All supplier/contractors who perform work within the City, must have on file at the Redlands City Revenue Office, a current and valid city business license.

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City Council/Successor Agency Meeting I. 16.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the First Amendment to the Public Works Contract with Econolite Systems, Inc. for the HSIP Cycle 8 Pedestrian Countdown Heads Project to extend the time for completion by two hundred and seventy (270) calendar days (Municipal Utilities and Engineering Director Harris)
MOTION(S):

If City Council determines the staff recommendation is appropriate, the following motion is provided:

I move to approve the First Amendment to the Public Works Contract with Econolite Systems, Inc. for the HSIP Cycle 8 Pedestrian Countdown Heads Project to extend the time for completion by two hundred and seventy (270) calendar days.

RECOMMENDATION:

Staff recommends City Council approve the First Amendment to the Public Works Contract with Econolite Systems, Inc. for the HSIP Cycle 8 Pedestrian Countdown Heads Project to extend the time for completion by two hundred and seventy (270) calendar days.

DISCUSSION:

On July 5, 2022, City Council approved a Public Works Contract with Econolite Systems, Inc. (Econolite) to construct the HSIP Cycle 8 Pedestrian Countdown Heads Project (Project) for an amount not-to-exceed $541,682.54. This project is funded by the California Department of Transportation (CalTrans) through the Highway Safety Improvement Program (HSIP) and proposes to install countdown pedestrian signal heads and upgrade existing pushbuttons to include an audible countdown feature at signalized intersections throughout the City.

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Recently, Econolite notified staff that the lead time for project materials is lengthy and exceeds the Contract completion deadline. Therefore, staff is recommending a Contract amendment to increase the Contract time for completion by two hundred and seventy (270) calendar days, resulting in a revised Contract time for completion of three hundred (300) calendar days.

This is the only Contract revision proposed.

ALTERNATIVES:

City Council may deny the staff recommendation, although doing so would prevent completion of the project.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Goutam K. Dobey, City Engineer
PREPARED BY:

Veronica Medina, Associate Engineer
Fiscal Impact
Discussion:

There is no fiscal impact associated with this action.

Attachments
A. First Amendment to Econolite Contract
B. Executed Contract (Reference only)
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L:\ca\Agreements\Econolite First Amendment to Contract.docx.jm

FIRST AMENDMENT TO AGREEMENT TO PUBLIC WORKS CONSTRUCTION

CONTRACT

This first amendment (“First Amendment”) to the Public Works Construction Contract for the HSIP Cycle 8 Pedestrian Countdown Heads Project dated July 5, 2022 (the “Contract”), by and between the City of Redl ands, a municipal corporation and general law city (“City”), and Econolite Systems, Inc., a California corporation (“Contractor”), is made and entered into this 6th day of September, 2022.

RECITALS

WHEREAS, it is the desire of the City and Contractor to amend the existing Contract, specifically to amend the Time for Completion of the Contract; and

WHEREAS, the City Council approved the contract with Contractor for work in accordance with the Contract Docu ments for City’s HSIP Cycle 8 Pedestrian Countdown Heads Project, Project No. 47027.

NOW, THEREFORE, in consideration of the mutual promises contained herein City and Contractor agree as follows:

AGREEMENT

Section 1. The time for completion, as set forth in Section 3 of the Contract, is her eby amended to shall read as follows:

“3. TIME FOR COMPLETION: the Work shall be completed within Three Hundred (300) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.”

Section 2. All other provisions of the Contract shall remain unchanged by this First Amendment, and in effect.

IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of the 6th day of September, 2022.

CITY OF REDLANDS ECONOLITE SYSTEMS, INC.

________________________________ By: ________________________________ Paul T. Barich, Mayor Alice Cook, Secretary & General Counsel

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting I. 17.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Memorandum of Understanding between the County of San Bernardino acting by and through the County of San Bernardino Community Revitalization Group Office of Homeless Services and the City of Redlands for Homeless Management Information System (Assistant City Manager Boatman)
MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:

I move to approve the Memorandum of Understanding between the County of San Bernardino acting by and through the County of San Bernardino Community Revitalization Group Office of Homeless Services and the City of Redlands for Homeless Management Information System.

RECOMMENDATION:

Staff recommends that the City Council approve the Memorandum of Understanding between the County of San Bernardino acting by and through the County of San Bernardino Community Revitalization Group Office of Homeless Services and the City of Redlands for Homeless Management Information System.

DISCUSSION:

On September 9, 2021, the Department of Housing and Community Development (HCD) released a Notice of Funding Availability (NOFA) for Homekey Round 2. This second round provided approximately $1.4 billion in grants for local governments to purchase and rehabilitate housing and convert them into interim or permanent long-term housing. This program is intended to sustain and rapidly expand housing for persons experiencing homelessness or at risk of homelessness, and who are, thereby, inherently impacted by Regular Redlands meeting of 09-06-22
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at risk of homelessness, and who are, thereby, inherently impacted by COVID-19 and other communicable diseases. On September 29, 2021, staff presented an overview of the current City efforts, examples of current housing practices being offered within the region, potential funding sources, and recommendations on initial steps for the City Council to consider. Following the presentation, the City Council directed staff to prepare a Memorandum of Understanding with Shangri-La Industries, LLC and Step Up On Second Street (SUS), Inc to develop and manage the Redlands Good Nite Inn Project and to apply for the Homekey Grant Program. The project will provide ninety-nine (99) studio-style permanent supportive housing units.

Once the project is established, SUS will provide onsite management services, case management, and specialized services for its residents. SUS is a provider of full wrap-around services and is involved in every level of case management.

As a requirement of the grant, the City shall enter into a Memorandum of Understanding with the Homeless Management Information System (HMIS) Lead Agency, with the Office of Homeless Services of the County of San Bernardino, for use of the HMIS. The HMIS is a local database application used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness in the County. The City, along with its Homekey subcontractors, must enter data in a timely manner (no later than 2 working days after program entry or services rendered) on all persons served through the Homekey Grant into the County-wide HMIS.

ALTERNATIVES:

The City Council may elect not to approve the Memorandum of Understanding and direct staff accordingly.

STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney,
Janice McConnell, Assistant City Manager,
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

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PREPARED BY:

David Rabindranath, Homeless Solutions Coordinator
Fiscal Impact
Fiscal Year: 2022-2023
Revenue Generating: No
Appropriation Required Y/N: No
Amount: 0
Discussion:

There is no fiscal impact resulting from the approval of this MOU.

Attachments
MOU
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MEMORANDUM OF UNDERSTANDING

Between
San Bernardino County
Acting By and Through
San Bernardino County Community Revitalization Group
Office of Homeless Services
And
City of Redlands
For Homeless Management Information System
Date of Execution through October 31, 2026
WHEREAS, the San Bernardino County (County) Community Revitalization Group (CRG) Office of Homeless Services (OHS) is responsible for coordinating countywide efforts to end and prevent homelessness in San Bernardino County; and,
WHEREAS, the United States Congress, in accepting Conference Report 106 -988m indicated that “local jurisdictions should be collecting an array of data on homelessness in order to prevent duplicate counting of homeless persons and to analyze their patterns of use of assistance, including how they enter and exit the homeless assistance system and the effectiveness of the systems”; and, WHEREAS, OHS has been allocated funds by the United States Department of Housing and Urban Development (HUD) to provide data collection services regarding the individuals experiencing homelessness in the San Bernardino County; and,
WHEREAS, OHS is responsible for administering and maintaining the HUD mandated county -wide Homeless Management Information Sy stem (HMIS), a web -enabled database used by homeless services providers to capture information about the San Bernardino County persons they serve; and WHEREAS, OHS is responsible for ensuring that all homeless services providers within the San Bernardino County; adhere to HUD and local policy and procedures regarding the utilization of the HUD mandated HMIS; and,
WHEREAS, OHS is the system host and provides the personnel and administrative support to operate HMIS, and has the responsibility to establish, support and manage HMIS in a manner that will meet HUD’s standards for minimum data quality, privacy, security and other requirements for agencies participating in HMIS; and, WHEREAS, City of Redlands, hereafter referred to as “Agency,” has been awarded, allocated funds, or seeks to provide homeless program services within the San Bernardino County; NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County, acting by and through OHS, and Agency agree to the following terms and conditions:

Non-Standard Contract Coversheet Revised 9/8/2021 Page 1 of 8 Regular Redlands meeting of 09-06-22
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TABLE OF CONTENTS
I. BACKGROUND ...................................................................................................................................3 II. OHS RESPONSIBILITIES ......................................................................................................................3 III. AGENCY RESPONSIBILITIES .............................................................................................................3 IV. MUTUAL RESPONSIBILITIES .............................................................................................................4 V. REQUIRED DATA COLLECTION ELEMENTS .....................................................................................4 VI. USAGE OF DATA ................................................................................................................................5 VII. CONFIDENTIALITY AND INFORMED CONSENT ...............................................................................5 VIII. POSTINGS ..........................................................................................................................................6 IX. RIGHTS ............................................................................................................................................... 6 X. COPYRIGHT ........................................................................................................................................6 XI. RIGHT TO MONITOR ..........................................................................................................................6 XII. TERM ...................................................................................................................................................6 XIII. EARLY TERMINATION ........................................................................................................................6 XIV. GENERAL PROVISIONS .....................................................................................................................6 XV. CONCLUSION .....................................................................................................................................8 Regular Redlands meeting of 09-06-22
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I. BACKGROUND
In September of 2007, the San Bernardino County Board of Supervisors (Board) approved the formation of the San Bernardino County Homeless Partnership (Partnership) to provide leadership in creating a stronger countywide network of service delivery to homeless individuals, homeless families, and those at risk of becoming homeless through facilitating better communication, planning coordination, and cooperation among all entities that provide services to the County’s homeless.

In addition, the Board created the OHS, originally under Human Services, Department of Behavioral Health, and the Community Develop and Housing Agency now administered by the Community Revitalization Group, to provide administrative support for the newly formed Partnership.

To address the multidimensional problem of homelessness locally and nationally, HUD, through a Congressional directive, required all Continuum of Cares (CoC) to implement an expanded HMIS to address the problem more effectively. An HMIS is a computerized data collection system used by homeless services providers to capture information about the persons they serve. This data collection system tracks collaborative agencies’ services that are provided throughout each CoC to homeless individuals and families. Services tracked include emergency, transitional, and permanent housing bed usage, employment, veteran’s status, referrals to health and human service providers, legal aid or other relevant supportive service agencies.

In February 2013, OHS accepted a grant agreement from HUD to administer and maintain the HMIS for San Bernardino County.

This MOU between OHS and the Agency delineates the roles and responsibilities of OHS and the Agency regarding HMIS participation to capture information about the San Bernardino County persons they serve.

II. OHS RESPONSIBILITIES
OHS shall:

A. Ensure compliance with all applicable federal and state laws and regulations regarding the protection of client privacy and confidentiality of client information.

B. Provide the Agency with a matrix clearly outlining the HUD required data elements that must be included in the data file to be migrated to the OHS HMIS system; (if applicable).

C. Provide User ID and Passwords to Users before being granted access to HMIS.

D. Provide monthly User’s, Agency Administration and Report Training; and other trainings deemed necessary.

E. Conduct regular on-site monitoring visits to ensure compliance with HUD and HMIS Policies and Procedures.

F. Provide ongoing data and technical support through monthly trainings, one-on-one trainings as well as Webinars via Go-To-Meetings.

G. Create monthly reports as needed and submit them as an e-mail attachment for review.

H. Provide utilization reports to participating agencies on a regular basis to include data quality and tracking.

III. AGENCY RESPONSIBILITIES
Agency shall:

A. Ensure compliance with all applicable federal and state laws regarding protection of client privacy and confidentiality regulations, and the HMIS Policies and Procedures pertaining to client confidentiality, user conduct, security and the ongoing functionality and stability of services used to support the HMIS.

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B. Attend monthly User’s, Agency Administration and Reports Trainings as provided by OHS.

C. Ensure compliance with all the HUD required data elements.

D. Ensure compliance with HUD Technical Standards specified in the HMIS Policies and Procedures.

E. Keep Interagency data sharing agreements and Client Consent/Information release forms for all individual client data that is shared to non -custodial agencies where the internal policies of the Agency allows data sharing.

F. Ensure compliance and full participation with local CoC CA-609 Coordinated Assessment System written procedures.

IV. MUTUAL RESPONSIBILITIES
A. OHS and the Agency agree they will establish mutually satisfactory methods for the exchange of such information as may be necessary in order that each party may perform its duties and functions under this agreement; and appropriate procedures to ensure all information is safeguarded from improper disclosure in accordance with applicable State and Federal laws and regulations.

B. OHS and the Agency agree they will establish mutually satisfactory methods for problem resolution.

V. REQUIRED DATA COLLECTION ELEMENTS
It is the responsibility of the Agency to collect data based on the HUD 2022 HMIS Data Standards, Version 1.1, October 2021, unless the Agency has Read Only Access.

UNIVERSAL DATA ELEMENTS PROGRAM SPECIFIC DATA ELEMENTS

3.01 Name 4.02 Income and Sources

3.02 Social Security Number 4.03 Non-Cash Benefits

3.03 Date of Birth 4.04 Health Insurance

3.04 Race 4.05 Physical Disability

3.05 Ethnicity 4.06 Developmental Disability

3.06 Gender 4.07 Chronic Health Condition

3.07 Veteran Status 4.08 HIV/AIDS

3.08 Disabling Condition 4.09 Mental Health Disorder

3.10 Project Start Date 4.10 Substance Use Disorder

3.11 Project Exit Date 4.11 Domestic Violence

3.12 Destination 4.12 Current Living Situation

3.15 Relationship to Head of Household 4.13 Date of Engagement (Street Outreach)

3.16 Client Location 4.14 Bed-night Date

3.20 Housing Move-In Date (RRH PSH PH) 4.19 Coordinated Entry Assessment

3.917 Prior Living Situation 4.20 Coordinated Entry Event

3. 917A Prior Living Situation

3.917B Prior Living Situation
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HHS-RHY Only Required Elements VA Required Elements
R1 Referral Source V1 Veteran’s Information
R2 RHY – BCP Status V2 Services Provided – SSVF
R3 Sexual Orientation V3 Financial Assistance – SSVF
R4 Last Grade Completed V4 Percent of AMI (SSVF Eligibility) R5 School Status V5 Last Permanent Address
R6 Employment Status V6 VAMC Station Number
R7 General Health Status V7 HP Targeting Criteria
R8 Dental Health Status V8 HUD-VASH Voucher Tracking
R9 Mental Health Status V9 HUD-VASH Exit Information
R10 Pregnancy Status
R11 Formerly a Ward of Child
Welfare/Foster Care Agency

R12 Formerly a Ward of Juvenile Justice
System

R13 Family Critical Issues
R14 RHY Service Connections
R15 Commercial Sexual Exploitation/Sex
Trafficking

R16 Labor Exploitation/Trafficking
R17 Project Completion Status
R18 Counseling
R19 Safe and Appropriate Exit
R20 Aftercare Plans

VI. USAGE OF DATA
A. Data Use by OHS
For the purposes of system administration, user support, and program compliance, OHS will use the data contained within HMIS for analytical purposes only and will not disseminate client -level data. OHS will release aggregate data contained within HMIS for research and reporting purposes only.

B. Data Use by Agency
As the guardians entrusted with client personal data, HMIS Users have a moral and a legal obligation to ensure that the data they collect is being gathered, accessed and used appropriately.

It is also the responsibility of each user to ensure that client data is only used for the ends for which it was collected, ends that have been made explicit to clients and are consistent with the mission of the Agency and the HMIS to assist families and individuals to resolve their housing crisis. Proper user training, adherence to HMIS Policies and procedures, and a clear understanding of client confidentiality are vital to achieving these goals. Any individual or participating Agency misusing or attempting to misuse HMIS will be denied access to the system.

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VII. CONFIDENTIALITY AND INFORMED CONSENT
The Agency agrees to abide by and uphold all privacy protection standards established by HMIS as well as their respective agency’s privacy procedures. The Agency will also uphold relevant and applicable Federal and California State confidentiality regulations and laws that protect client records, and the Agency will only release confidential client records with written consent by the client, or the client’s guardian, unless otherwise provided for in the regulations or laws.

VIII. POSTINGS – Privacy and Mandatory collection notices must be posted at AGENCY The participating Agency must post Privacy and mandatory Collection notices at each intake desk or comparable location. The Privacy and Mandatory Collection notices must be made available in writing at the client’s request. If the Agency maintains a website, a link to the privacy notice must be on the homepage of the Agency’s website.

IX. RIGHTS
HMIS data from agencies resides in one central database. Data sharing is currently limited to the data within the CoC. The CoC reserves the right at a later date to expand data sharing to include collaborative wide data.

X. COPYRIGHT
The HMIS is protected by copyright and is not to be copied, except as permitted by law or by contract with owner of the copyright. The Agency’s users’ storage of materials copyrighted by others on the systems or displaying the materials through web pages must comply with copyright laws and guidelines.

XI. RIGHT TO MONITOR
A. OHS staff or any subdivision or appointee thereof, and the State of California or any subdivision or appointee thereof, including the Inspector General, shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of the Agency in the delivery of services provided under this MOU. Full cooperation shall be given by the Agency in any auditing or monitoring conducted.

B. The Agency shall cooperate with OHS in the implementation, monitoring and evaluation of this MOU and comply with any and all reporting requirements established by this MOU.

C. The Agency shall provide all reasonable facilities and assistance for the safety and convenience of OHS's representative in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work of the Agency.

XII. TERM
This MOU is effective upon Date of Execution through October 31, 2026, unless terminated earlier in accordance with the provisions of Section XIII of this MOU.

XIII. EARLY TERMINATION
This MOU may be terminated without cause upon thirty (30) days written notice by either party. The CRG Deputy Executive Officer, or his/her appointed designee, has the authority to terminate this MOU on behalf of CRG. The Agency Director, or his/her appointed designee, has the authority to terminate this MOU on behalf of the Agency.

XIV. G ENERAL PROVISIONS
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A. No waiver of any of the provisions of the MOU shall be effective unless it is made in writing which refers to provisions so waived and which is executed by the Parties. No course of dealing and no delay or failure of a Party in exercising any right under the MOU shall affect any other or future exercise of that right or any exercise of any other right. A Party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right.

B. Any alterations, variations, modifications, or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this MOU. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto.

C. Indemnification. Agency agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this MOU from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. Agency’s indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

This Agreement 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 Agreement. The parties shall be entitled to sign and t ransmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.

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Page 8 of 8 ends

XV. CONCLUSION
A. This MOU, consisting of eight (8) pages, is the full and complete document describing services to be rendered by CRG and Agency for the HUD Homeless Assistance grants.

B. The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective entities to the terms and conditions set forth in this document.

This Agreement 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 Agreement.

The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.

City of Redlands SAN BERNARDINO COUNTY

COMMUNITY REVITALIZATION GROUP

OFFICE OF HOMELESS SERVICES

Signature Signature

Name: Paul T. Barich Name: Tom Hernandez
Title: Mayor Title: Chief of Homeless Services
Address: 35 Cajon Street, Suite 222 Address: 215 North D Street, Suite 301 Redlands, CA 92373 San Bernardino, CA 92415-0043
Date: Date:

ATTEST:

_________________________
Jeanne Donaldson, City Clerk

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City Council/Successor Agency Meeting I. 18.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Second Amendment to the City's Memorandum of Understanding with Colton-Redlands-Yucaipa Regional Occupation Program for the provision of temporary staffing services to support the City's Recreation and Senior Services Division in an amount not-to-exceed $40,000, and determine approval of this Amendment is exempt from environmental review pursuant to Section 15061(b)(3) of the State's Guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman) MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:

I move that the City Council determine that approval of the Second Amendment to the Memorandum of Understanding with Colton-Redlands-Yucaipa Regional Occupational Program for the provision of temporary staffing is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move to approve the Second Amendment to the Memorandum of Understanding with Colton-Redlands-Yucaipa Regional Occupational Program for the provision of temporary staffing services to support the City's Recreation and Senior Services Divisions in an amount not-to-exceed $40,000.

2. RECOMMENDATION:

Staff recommends the City Council approve the Second Amendment to the Memorandum of Understanding with Colton-Redlands-Yucaipa Regional Occupational Program for the provision of temporary staffing services to support the City's Recreation and Senior Services Divisions in an amount not-to-exceed $40,000, and determine approval of the Second Amendment to the Regular Redlands meeting of 09-06-22
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Memorandum of Understanding with Colton-Redlands-Yucaipa Regional Occupational Program for the provision of temporary staffing services to support the City's Recreation and Senior Services Divisions is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act.

DISCUSSION:

The Facilities and Community Services Recreation Division offers programs that provide enrichment opportunities for Redlands residents by focusing on community support and partnerships, nutrition and healthy eating, active living and promoting healthy attitudes towards fitness. The Recreation Division also facilitates the operation of the Redlands Community Center, Joslyn Senior Center and the rental of a number of indoor and outdoor recreation sites. The Colton-Redlands-Yucaipa Regional Occupation Program (CRY-ROP) accelerates the skill development and education of high school students and adults in the region to prepare them to be career-ready, technically skilled and academically prepared. CRY-ROP offers a broad range of occupational and educational programs, coupled with employment services.

In December 2021, the City Council approved a Memorandum of Understanding (MOU) and Joint Venture Training Agreement for the purpose of a program that provides occupational skills training to eligible program participants at no cost to the City. In addition to the training program, the City and CRY-ROP entered into an MOU for the provision of temporary staffing services for increased program demands within the City's Recreation and Senior Services Divisions. This MOU allows the City and CRY-ROP to provide work experience for the participants while contributing additional resources for the City's programs. Under this MOU, the City pays CRY-ROP for the program participants provided.

In April, 2022, the City Council approved a First Amendment to the MOU to extend the program through August, 2023 and increase the funding from $10,000 to $20,000. With the reduction in public health restrictions, the Recreation and Senior Services Division has increased the amount of programing available for the community. Additional participants are needed through this program in order to sustain the increased activity. At this time, staff is requesting an increase to an amount not to exceed $40,000 through the MOU term of August, 2023.

Furthermore, approval of the second amendment to the MOU is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act. Section 15061(b)(3) applies to those activities where it is seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Approval of the MOU Amendment will not result in any physical change to the environment.

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ALTERNATIVES:

The City Council may elect to not approve the second amendment to the MOU; however, this will hinder the recreation and senior service division's ability to provide service to the community.

STRATEGIC PLAN:

Priority A-Quality of Life
SUBMITTED BY:

Christ Boatman, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Joe Bierma, Administrative Analyst
Fiscal Impact
Fiscal Year: FY 2022-23
Amount: $20,000
Budgeted Y/N: Y
Account No.: 101309-6106
Discussion:

Funding for the increase in temporary staffing services though the MOU with CRY-ROP in the amount of $20,000 is included in the Recreation and Senior Services operating budget for Fiscal Year 2022-23 as approved by City Council.

Attachments
CRY-ROP Agreement
First Amendment
Second Amendment
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REDLANDS

AND THE COLTON- REDLANDS- YUCAIPA REGIONAL OCCUPATIONAL

PROGRAM
This Memorandum of Understanding (" MOU") is madeandenteredinto, by andbetween, the City of Redlands (" City") and the Colton - Redlands - Yucaipa ROP (" ROP") The City and the ROP are sometimes individually referred to herein as a "Party" and, together, as the " Parties "

AGREEMENT
Section 1. Purpose. The purposeof the MOU is to identify the terms andconditions wherebythe ROP will engagethe City to definetheir respectiveroles and responsibilitieswith regardto the ROP's youth employmentsupport of the City' s Community Center/Senior Center programs ( the " Services")
Section 2. Term of MOU. The term of this MOU shall commence on December 21, 2021, and end on June 30, 2022, unless earlier terminated asprovided for herein. The Parties may terminate this MOU at any time by mutual written consent, or upon thirty ( 30) days prior written notice by one Party to the other Party, and such termination shall be effective upon the date stated in such written consent or notice
Section 3. Compensation. The total compensation to be paid by the City for the ROP' s performance of the Services shall not exceed the amount of ten thousand dollars ($ 10, 000) The ROP shall submit monthly invoices to the City describing the Services performed during the preceding month. The ROP invoices shall include a brief description of the Services performed, the dates the Services were performed, and the number of hours spent and by whom. The City shall pay the ROP no later than thirty ( 30) days after receipt and approvalby the City of the ROP's monthly invoices.

Section 4 Responsibilities of Parties. At the discretion of the ROP, the City will identify and refer youth for work experienceplacementsunderthis MOU to supportthe City' s Community Center/Senior Centerprogramming. The ROP will provide work experiencehours, authorizedand scheduledin collaborationwith the City for eachwork experienceplacement. The ROP and the City will comply with the Division of Labor Standards of the Department of Industrial Relations' youth employmentguidelines.

A ROP Responsibilities
Provide training and technical assistanceto the City regarding monitoring participant progress,
Adhere to programmatic timelines,
Provide initial support and training to principal staff membersof the City to ensure successful implementation of the Services,
Process all purchase orders, transfers or other methods of reimbursements related to expenditures as agreed,
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Provide Workers' Compensation insurance for employment program participants
B City Responsibilities
Provide coordination to successfullyplace identified program participants in employment to support the City' s Community Center/Senior Center programs, Provide technical support as necessary for the ROP to realize full use of contracted resources,
Provide initial support and training to principal staff members of the ROP to ensure successful implementation of the Services,
Processall purchaseorders, transfersor othermethodsof reimbursementrelated to expenditures as agreed,
Section 5. Insurance. The City is self -insured for commercial general liability and Workers' Compensation. The following insurancecoveragerequiredby this Agreementshall be maintainedby the ROP for the duration of its performanceof the Services. The ROP shall not perform any Servicesunlessanduntil the requiredinsurancelisted below is obtainedby the ROP The ROP shall provide the City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty ( 30) days prior written notice to City
A. Commercial generalliability insurancewith carriersratedat leastA minus by AM Best. Minimum coverage of One Million Dollars ($ 1,000,000) per occurrence and Two Million Dollars ($ 2, 000, 000) aggregatefor public liability, property damage and personal injury is required. City shall be namedas an additional insuredand the insurancepolicy shall include a provision requiring thirty ( 30) daysprior written notice to the City of any proposedlowering of coveragelimits or cancellationof thepolicy Suchinsuranceshallbeprimary andnon-contributing to any insuranceor self-insurancemaintained by the City A certificate of insuranceand the correspondingblanket additional insured endorsementsshall be delivered to the City prior to commencement of any of the Services
B Workers' Compensation and Employer' s Liability insurance in the amount that meetsstatutoryrequirementswith an insurancecarrier acceptableto the City, or certification to the City that theROP is self -insuredor exemptfrom the workers' compensationlaws of the State of California. The ROP shall execute and provide City with Exhibit " A," titled " Workers' Compensation Insurance Certification," which is attachedheretoand incorporatedherein by this reference, prior to performanceof the Services.

C The ROP shall secureandmaintainprofessionalliability insurancethroughoutthe term of this Agreement in the amount of One Million Dollars ($ 1,000,000) per claim made and three million dollars ($ 3,000, 000) in the aggregate
D The ROP agreesthat the City shall not assume, nor shall assumeby this MOU or 2 L.\ca\djm\Agreements \Colton -Redlands -Yucaipa ROP MOU 2021.docxjn Regular Redlands meeting of 09-06-22
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otherwise, any liability underany applicableWorkers' Compensationlaw for, by, or on behalf of anystudentwhile said studentsareon thepremisesof the City performing any Servicesunderthe termsof this MOU, and the ROP agreesto indemnify, defend, and hold the City harmlesswith respectthereto as provided herein. The ROP agreesto maintain insurancepolicies or a self- insuranceprogram in amountssufficient to satisfyits indemnification obligations.

Section 6. Defense and Indemnity. The ROP shall indemnify, defend and hold harmlessthe City, and its elected and appointed officials, officers, employees, agents, and volunteersagainstall claims, demands, suits, judgments, expenses, costsand/or liability of any andeverykind arising out of this MOU andresulting from the negligent acts, errorsor omissions, or willful misconductof the ROP, on accountof the injury or deathor persons, or loss or damage to equipmentor property of theCity TheCity shallindemnify, defendandhold harmlesstheROP, its officers, agents, and volunteersagainstall claims, demands, suits, judgments, expenses, costs and/or liability of any andeverykind arisingout of this MOU andwhich result from the negligent acts, errors, or omissionsof theCity, on accountof theinjury or deathor persons, or lossor damage to equipment or property of the ROP In the event the ROP and the City are found to be comparatively at fault for any claim, action, loss or damage with results from their respective obligationsunderthis MOU, the ROPand/or the City shall indemnify the otherto theextentof its comparative fault.

Section 7. Notice Any notice or other communication required, or which may be given, pursuantto this Agreement, shall bein writing. Any suchnotice shall bedeemeddelivered i) on the date of delivery in person, (ii) five ( 5) days after deposit in first class certified, registered or express mail, with return receipt requested, ( iii) onthe actualdelivery dateif depositedwith an overnightcourier, or (iv) on the datesentby facsimile or electronicmail transmission (including PDF), if confirmedwith a copysentcontemporaneouslyby first class, certified, registeredor expressmail, in eachcaseproperly postedandfully prepaidto the appropriateaddressset forth below, or suchother addressasaParty may provide notice in accordancewith this section.

City Clerk
City of Redlands
P 0 Box 3005
Redlands, CA 92373
jdonaldson@cityofredlandsorg
Fax ( 909) 798- 7535
Phone ( 909) 798- 7531
Colton - Redlands - Yucaipa ROP
Tracie Zeroli, Superintendent
1214 Indiana Court
Redlands, CA 92374
tracie_ zerpoli@cry- rop org
Fax. ( 909) 793- 6901
Phone ( 909) 793- 3115
Section 8. Entire Agreement. This MOU represents the entire agreement of the Parties with respectto the matterscontainedherein, andsupersedesany and all other agreements, either verbal or in writing, betweenthe Partieswith respectto suchmatters. Each Party to this MOU acknowledgesand agreesthat no representations, inducements, promises or agreements, verbal or otherwise, have beenmadeby any Party, or anyoneacting on behalf of any Party, which are not embodiedherein, and that no other agreement, stipulation or promise not containedin this MOU shallbevalid or binding on eitherParty
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Section 9. Governing Law. This MOU shall be governed by and construed in accordancewith the laws of the Stateof California (exceptingany conflict of law' s provisions which would serve to defeat application of California substantive law) IN WITNESS WHEREOF, duly authorized representatives of the City and the ROP have signed in confirmation of this Agreement

RRDILANDS
CQ"

TON- REDLANDS- Y JCAIPA ROP
ue
Paul T Barich, Mayor Tracie Zeroli, Super ntendent
ATTEST
e Donaldson, City Clerk
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EXHIBIT " A"

WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, exceptthe State, shall securethepaymentof compensationin oneor moreof the following ways
a) By being insured against liability to pay compensation by one or more insurers duly authorizedto write compensationinsurancein this State b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may begiven uponfurnishing proof satisfactoryto the Director of Industrial Relations of ability to self -insure andto pay any compensationthat may becomedueto his or her employees.

CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requiresevery employerto beinsuredagainstliability for Workers' Compensationor to undertakeself-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. ( Labor Code § 1861)
I affirm that at all times, in performing thework andactivities requiredor permittedunder this Agreement, I shall not employ any personin anymannersuchthat I becomesubjectto the workers' compensationlaws of California. However, at any time, if I employ any personsuch that I become subject to the workers' compensationlaws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

COLTOEDLANDS-YUCAIP k ROPDate
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SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING

This second amendment (“Second Amendment”) to the M emorandum of Understanding for youth employment support of the City’s Community Center/Senior Center programs (“MOU”), dated December 21st, 2021, by and between the City of Redlands, a municipal corporation and a general law city (“City”), and Colton-Redlands-Yucaipa ROP (“ROP”), is made and entered into this 6th day of September, 2022.

RECITALS
WHEREAS, it is the desire of the City and ROP to amend Section 3 of their existing MOU to increase ROP’s current total compensation of twenty thousand dollars ($20,000) to the amount of forty thousand dollars ($40,000);

NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged City and ROP agree as follows:

AGREEMENT

Section 1. Section 3 of the MOU, titled “Compensation,” is hereby amended to read as follows:

“Section 3. Compensation. The total compensation to be paid by the City for the ROP’s performance of the Services shall not exceed the amount of forty thousand dollars ($40,000). The ROP shall submit monthly invoices to the City describing the Services performed during the preceding month. The ROP invoices shall include a brief description of the Services performed, the dates the Services were performed, and the number of hours spent and by whom. The City shall pay the ROP no later than thirty (30) days after receipt and approval by the City of the ROP’s monthly invoices.”

Section 2. All other provisions of the MOU shall remain unchanged by this First Amendment and in effect.

IN WITNESS WHEREOF, the parties have executed this Second Amendment, to be effective as of September 6th, 2022.

CITY OF REDLANDS COLTON-REDLANDS-YUCAIPA ROP

_______________________________ _______________________________ Paul T. Barich, Mayor Tracie Zerpoli, Superintendent

ATTEST:

_______________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting I. 19.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a purchase order modification in the amount of $105,431.81 with Pinnacle Petroleum for delivery and supply of unleaded and diesel fuel (Assistant City Manager Boatman) MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:

I move that the City Council authorize a purchase order modification with Pinnacle Petroleum to increase the total purchase order amount by $105,431.81 for delivery and supply of unleaded and diesel fuel.

RECOMMENDATION:

Staff recommends City Council authorize staff to execute the modification of a purchase order with Pinnacle Petroleum for supply and delivery of unleaded and diesel fuel.

DISCUSSION:

In July 2019, the City Council approved an agreement with Pinnacle Petroleum for supply and delivery of unleaded and diesel fuel. In November, 2020, the City Council approved a first amendment to the Agreement to increase the price and fee of the delivered unleaded and diesel fuel. With the continued increase in the cost of unleaded and diesel fuel, the approved compensation has depleted. Staff is requesting additional funds in the amount of $105,431.81 to compensate Pinnacle Petroleum for supplying unleaded and diesel fuel. The current purchase order amount is $820,000.00, and upon approval of additional funds, the total purchase order amount will be $925,431.81.

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The table below summarizes and reflects the original amount, the amount staff is requesting, and the new total purchase order.

Vendor
Current
Purchase
Order
Amount
Requested
Total
Purchase
Order
Pinnacle Petroleum $820,000.00 $105,431.81 $925,431.81
ALTERNATIVES:

City Council may elect to not approve the purchase order modification, however, this will adversely affect the operation of the City's fuel island.

STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:

Monica Duran, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2022-23
Revenue Generating: Yes
Amount: 105,431.81
Budgeted Y/N: Y
Account No.: 607900
Discussion:

Funding for this increase in included in the Equipment Maintenance Division operating budget for FY 2022-23 as approved by City Council.

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City Council/Successor Agency Meeting I. 20.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the request to hold the Dog Jog event hosted by the Redlands Chamber of Commerce on October 22, 2022, within Ed Hales Park and the downtown area; authorize street closures related to the event; approve a request for in-kind support in the amount of $7,825 related to the event (Assistant City Manager Boatman)
MOTION(S):

If the City Council determines that the requests are appropriate, the following motions are provided:

I move to authorize the closure of E. State St., 9th St., Olive Ave., Center St., Brookside Ave. and Eureka St., from 9:00 a.m. to 2:00 p.m. on the event day;

1. I move to authorize the expenditure of city resources and in-kind support in the amount of $7,825 related to this event.

2. RECOMMENDATION:

Staff recommends that the City Council direct staff authorize the request for in-kind support, and approve the temporary street closures related to the event.

DISCUSSION:

The Facilities and Community Services Department manages the administration and issuance of permits for special events held in public areas of the City. Upon the issuance of a special event permit, the event may take place contingent on the event organizer paying the required fees. The City recognizes the value of partnering with non-profit agencies and organizations to provide services beneficial to the community. In an effort to provide support for programs that provide a community benefit, the City Council will, from time to time, consider Regular Redlands meeting of 09-06-22
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the authorization of in-kind support including the use of city resources and facilities in support of a special event.

The Redlands Chamber of Commerce has reserved Ed Hales Park and is requesting the temporary closure of E. State St., 9th St., Olive Ave., Center St., Brookside Ave. and Eureka St., from 9:00 a.m. to 2:00 p.m. on Saturday, October 22, 2022. Additionally, the Chamber of Commerce is requesting in-kind support in the amount of $7,825 for departmental resources including Police Personnel, and Facilities & Community Services Personnel and equipment, and the reservations of Ed Hales and Smiley Parks. The Redlands Chamber of Commerce is a non-profit organization operating out of the City of Redlands.

According to the submitted application, the event registration and sponsorships will generate revenue for the Redlands Chamber of Commerce and grant the Chamber more opportunities to offer services to businesses and the local community. In addition, part of the proceeds will be donated to the Redlands Animal Shelter to continue and enhance operations. The proposed event is expected to draw 300 attendees to the downtown area where attendees will patronize local businesses and restaurants.

ALTERNATIVES:

The City Council may elect to deny the in-kind service request and direct staff accordingly.

STRATEGIC PLAN:

Priority A - Quality of Life, Strategic Objective 1. Beautification, Arts and Culture.

SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Christopher R. Catren, Police Chief
PREPARED BY:

Larry Alms, Administrative Assistant II
Fiscal Impact
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Fiscal Impact
Fiscal Year: FY 2022-23
Amount: $7,825
Discussion:

In anticipation of the City Council's consideration of this request, staff has compiled the following table outlining costs related to fees established by resolution of the City Council and departmental charges pertaining to personnel and equipment resources necessary for the support of the event. The departmental charges are costs outside of normal city operations that would not be incurred by the City if the special event was not taking place.

Departmental Charges
(Personnel & Equipment)
2022 Amount Type 2019 Amount
Police Personnel1 $7,637.00 Hard Cost 4,580.00
FCS Personnel Equipment N/A Soft Cost $162.50
Personnel & Equipment
Subtotal
$7,637.00 $4,742.50
Fees Established by City
Council Resolution
Sylvan Park Reservation Permit N/A Soft Cost $238.00
Ed Hales Park Reservation Permit $94.00 Soft Cost N/A
Smiley Park Reservation Permit $94.00 Soft Cost N/A
Fees Subtotal $188.00 $238.00
Total Departmental Charges
and Fees
$7,637.00
(hard)
$188.00(soft)
$7,825.00
(Total)
$4,980.50
1Personnel costs are calculated conservatively assuming the highest staff cost scenario. Actual costs may vary on the day of the event based on the actual staff present. Actual costs will be confirmed following the event and will be included in a reconciliation report presented to the City Council.

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The following table summarizes the total estimated costs associated with the use of City resources and in-kind support approved for events scheduled during Fiscal Year 2022-23 to date:

TABLE 2: FY 2022-23 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
In-kind support
Amount
Net
Amount
$118,102.00 $4,589.00 $3,400.00 $126,091.00 $122,691.00 Attachments
A. In-Kind Support Request
B. In-kind support attachment
C. Verification of Nonprofit
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Copies of Returns (990, 990-EZ, 990-PF, 990-T)
Electronic copies (images) of Forms 990, 990-EZ, 990-PF or 990-T returns filed with the IRS by charities and non- profits.
 Tax Year 2020 Form 990EO
 Tax Year 2019 Form 990O
 Tax Year 2018 Form 990O
 Tax Year 2017 Form 990O
 Tax Year 2016 Form 990O
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City Council/Successor Agency Meeting I. 21.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the request for the consumption of alcoholic beverages at Smiley Park at the 2022 Library Gala to be held on October 15, 2022, and determine that the approval of the request is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman).

MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:

I move that the City Council determine that approval of the request for the consumption of alcoholic beverages within a City park during the 2022 Library Gala is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act; and

1. I move to approve the request for the consumption of alcoholic beverages at Smiley Park during the Lincoln Dinner to be held on October 15, 2022.

2. RECOMMENDATION:

Staff recommends City Council determine that approval of the request for the sale and consumption of alcoholic beverages at Smiley Park during 2022 Library Gala is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act (CEQA) and provide staff with the direction regarding the request for the sale and consumption of alcoholic beverages.

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DISCUSSION:

The A.K. Smiley Public Library will host the 2022 Library Gala on October 15, 2022. The A.K. Smiley Public Library is requesting permission to serve beer and wine as a courtesy to the dinner guests. Serving and selling alcohol at the event is scheduled to end no later than 9:00 p.m. The Redlands Municipal Code includes provisions that allow for the reservation of public areas by private parties. Staff’s approval authority for the consumption of alcoholic beverages is limited to only enclosed public spaces in public parks as defined by Resolution No. 7559. Therefore, City Council approval is required for the request for the sale and consumption of alcohol.

The applicant is required to comply with any conditions set by the City's Police Department. In addition, they may be required to provide the City with certificates for public liability insurance to protect against loss from liability for damages on account of bodily injury and property damage arising from the applicant’s activity. Such insurance shall include not less than $1,000,000 per occurrence and $2,000,000 in the aggregate of comprehensive general liability insurance, including bodily injury and property damage coverage, together with such other additional coverage as the City’s Risk Manager may determine to be prudent. Insurance coverage shall be obtained before the event and maintained for the duration of the applicant’s activity.

Furthermore, approval of the request is exempt from the requirements of the California Environmental Quality Act’s guidelines pursuant to Section 15061(b)(3). Section 15061(b)(3), referred to as the “common sense,” applies to those activities where it is seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Approval of the project authorizes the consumption of alcoholic beverages within the City’s right-of-way and will not result in any physical change to the environment.

ALTERNATIVES:

The City Council may deny the request.

STRATEGIC PLAN:

Supports Priority A - Quality of Life, Strategic Objective 1 - Beautification, Arts and Culture
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SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Janice McConnell, Assistant City Manager
Christopher R. Catren, Police Chief
PREPARED BY:

Larry Alms, Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2022-23
Discussion:

There is no fiscal impact related to the approval of the request to serve alcohol.

Attachments
A. Authorization to Serve Alcohol
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CITY OF REDLANDS

APPLICATION REQUESTING AUTHORIZATION TO SERVE ALCOHOL

TYPE/NAME OF EVENT: ___________________________________________________________________________ DATE OF EVENT: ______________________________ HOURS: ____________________________ LOCATION: ___________________________________________________________________________ APPLICANT’S INFORMATION:

INDIVIDUAL/ORGANIZATION NAME: __________________________________________________________________ CONTACT PERSON: ________________________________________ PHONE: ______________________________ EMAIL: ______________________________________ ADDRESS: ________________________________________ EVENT INFORMATION:

ARE FEES BEING CHARGED FOR EVENT? YES NO PRICE: __________________ ARE FEES BEING CHARGED FOR ALCOHOL? YES NO PRICE: _______________ TYPE OF ALCOHOL BEING SERVED: BEER WINE DISTILLED SPIRITS

RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE
I, the undersigned, representing _______________________________________ and in consideration of being permitted to conduct the Event, agree that the members/participants of ___________________________________________ shall defend, indemnify and hold harmless the City of Redlands, its elected officials, officers, boards, commissions, agents and employees from and against any and all claims, demands, actions, suits, damages, liabilities and judgments of every kind and nature and regardless of the merit of the same, arising out of the use of City of Redlands’ facilities.

The members/participants of __________________________________________ hereby release, discharge and agree not to sue the City of Redlands for any injury, death or damages to or loss of property arising out of or in connection with this event from whatever cause.

I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO USE AND FULLY UNDERSTAND ITS CONTENTS. I

REPRESENT I HAVE THE FULL AUTHORITY TO EXECUTE THIS FULL RELEASE OF LIABILITY ON BEHALF OF THE MEMBERS/PARTICIPANTS OF _______________________________________________________________ AND THAT I HAVE SIGNED THIS AGREEMENT ON:

Date: ______________ Signature: _______________________________________________

AUTHORIZATION
Pursuant to the use of alcohol within the City property noted above, the City of Redlands grants you permission to do so with the following conditions set forth by the City Council:

ALCOHOL RELATED TO PARKS:

Redlands Municipal; Code, Section 12.44.270 does allow, pursuant to a written permit from the Quality of Life Director, a person or persons to drink or consume alcoholic beverages in public parks, only in enclosed public areas as defined by resolution of the City Council. Any other locations within the City’s property requires the City Council approval and designation of the place for the sale and consumption thereof.

Tape or fencing of some kind shall be used for setting off the area for which the alcoholic beverages are served and consumed. Alcohol sales and distribution shall cease one hour prior to end of the event unless otherwise directed by RPD or ABC office.

ALCOHOL RELATED TO AIRPORT:

12.56.090: USE OF INTOXICATING LIQUOR OR DRUGS: No person shall operate or assist in the operation of any aircraft while under the influence of, or using, any intoxicating liquor or habit forming or hallucinatory or narcotic drug. No alcoholic beverage may be consumed or sold on the airport unless the city council shall have approved and designated the place for the sale and consumption thereof.

APPROVED: __________________________ DATE: _______ DENIED: _______________________ DATE: ______ CITY COUNCIL DATE (if applicable): _______________
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City Council/Successor Agency Meeting I. 22.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the agreement between the City of Redlands and the County of San Bernardino for police use of force trimester training at a total cost not to exceed $80,040 (Police Chief Catren) MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:

I move to approve the agreement between the City of Redlands and the County of San Bernardino for police use of force trimester training at a total cost not to exceed $80,040.

RECOMMENDATION:

Staff recommends that Council approve the agreement between the City of Redlands and the County of San Bernardino for police use of force trimester training at a total cost not to exceed $80,040.

DISCUSSION:

The Redlands Police Department has contracted for many years with the County of San Bernardino to obtain mandated POST perishable skills training and firearms qualifications for its officers. Perishable skills include arrest and control, tactical communications, and first-aid/CPR. This training also covers Taser qualification, domestic violence, pursuits, weaponless defense, and other valuable skills.

The County will provide all of the aforementioned training at a cost of $290 per officer, per session. At 92 officers (regular and reserves) and three sessions per year, the total cost will not exceed $80,040 per year, or $870 per officer. The per officer cost increased from $150 to $290 for this contract period compared to the 2017-2022 FY period. Despite the 93% increase, this cost still represents a Regular Redlands meeting of 09-06-22
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2017-2022 FY period. Despite the 93% increase, this cost still represents a significant savings compared to providing the same training in-house.

The contract also includes a quote of $725 per "CPT Orientation Session" which the City will have to incur if an officer has been on leave for an extended period of time and needs to make up past training sessions. Staff expects this to occur at most a few times each fiscal year. There are no other viable police use of force trimester training options.

The proposed agreement will establish fixed training costs per officer for a period of five years, but provides the City with the flexibility to terminate the contract early with just 30 days notice to the County. This type of training was already budgeted for FY 22/23 and 23/24. Staff recommends the approval of the contract with the County to provide the aforementioned perishable skills training for fiscal years 22/23 through 26/27.

ALTERNATIVES:

Do not approve the agreement between the City of Redlands and the County of San Bernardino for use of force trimester training, at which point the Redlands Police Department will have to find another means to obtain the mandated training for its officers.

STRATEGIC PLAN:

Not applicable
SUBMITTED BY:

Christoper R. Catren, Chief of Police
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Travis Martinez, Deputy Chief
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Fiscal Impact
Fiscal Year: 22/23
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: Y
Discussion:

The training has been budgeted for FY 22/23 and 23/24.

Attachments
SBC Agreement
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Standard Contract Page 1 of 7

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

Sheriff/Coroner/Public Administrator

Department Contract Representative Kelly Welty, Chief Deputy Director of Sheriff’s Administration
Telephone Number (909) 387-0640

Contractor City of Redlands
Contractor Representative Paul Barich
Telephone Number (909)798-7661
Contract Term XX-XX-2022 through 06-30-2027
Original Contract Amount Fee per Service
Amendment Amount
Total Contract Amount
Cost Center

IT IS HEREBY AGREED AS FOLLOWS:

AGREEMENT FOR TRIMESTER CONTINUING PROFESSIONAL TRAINING

WHEREAS, the County, through the Sheriff/Coroner/Public Administrator, hereinafter referred to as “Sheriff”, conducts Trimester Continuing Professional Training classes for law enforcement personnel (peace officers/arson investigators); AND

WHEREAS, the Contractor desires to enter into an Agreement for the participation of its peace officers/arson investigators in said classes;

NOW, THEREFORE, the parties agree as follows:

A. SCOPE OF SERVICES
A.1 County shall provide Trimester Continuing Professional Training (CPT) to Contractor ’s peace officers/arson investigators in accordance with the San Bernardino County Sheriff’s Department Continuing Professional Training and Qualifications Program. Said training shall be conducted in accordance with guidelines established in the official program manual, a copy of which shall be furnished to Contractor prior to the commencement of services hereunder. Additionally, a copy of said guidelines shall be maintained by County for review by any interested third party.

A.2 County shall provide a four -hour CPT orientation session to Contractor ’s peace officers/arson investigators, mandatory for all agency personnel entering the program for the first time, designed to prepare individuals for ongoing Trimester CPT. Sheriff’s CPT staff shall assess incoming participants as to the necessity of orientation session prior to scheduling ongoing training and for any additional training, as required, for identified deficiencies.

Contract Number
SHR – 22 - 0061

SAP Number
N/A
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A.3 County shall provide a Safety Officer who shall coordinate with Contractor to ensure the proper use of the County’s facilities and communicate identified orientation needs.

A.4 The Sheriff’s Safety Officer shall be in complete charge and control of all activities during all training sessions.

A.4.1 All participants shall conduct themselves in accordance with the San Bernardino County Frank Bland Regional Training Center Range Rules and Regulations which will be presented to the participants prior to the commencement of service hereunder.

A.4.2 Violations of the above- mentioned rules and regulations may result in immediate termination of participants’ rights to further training under this Agreement.

A.5 It shall be the sole responsibility of the Contractor to ensure that all students arrive for all training sessions.

B. TERM AND TERMINATION
The term of this Agreement shall be for a period commencing on August 1, 2022, or upon the date of approval by the Sheriff, whichever is later, and ending on June 30, 2027 . Notwithstanding the foregoing, this Agreement may be terminated at any time, with or without cause, by Contractor or by County, upon written notice given to the other party at least thirty (30) days prior to the date specified for said termination.

In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other, accruing prior to the date of such termination, and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of termination. Notwithstanding the foregoing, County may terminate this Agreement at any time, without advance notice to Contractor, in the event Contractor fails to comply with any term of this Agreement.

C. FISCAL PROVISIONS
C.1 Contractor shall compensate the County at the rates set forth and attached hereto as Schedule A.

Contractor will be billed in arrears when the orientation session and/or T rimester CPT has been completed. Contractor shall submit payment to the Sheriff’s Training Center for the costs billed within forty-five (45) days of invoice.

C.2 Schedule A reflects the rates in effect at the execution of this A greement. County shall have the right to adjust the rates provided under this Agreement at the end of each fiscal year for the ensuing fiscal year. Any subsequent cost change(s) shall become effective on July 1 of the County fiscal year (July 1 through June 30). Such rate change(s) can include changes to Memoranda of Understanding approved by the County Board of Supervisors for County employees, and other inflationary costs. Sheriff shall provide notice to Contractor of pending rate change(s) by providing Contractor with a revised Schedule A reflecting such rate change(s).

C.3 CANCELLATION POLICY: Contractor agrees to pay the full cost of any scheduled facility session according to the Schedule A charges for the specific time booked unless the reserved time has been cancelled, at a minimum, twenty-four (24) hours prior to the scheduled session time.

Contractor may cancel scheduled sessions by calling the Sheriff’s Range office at (909) 473-2549 or by sending an e-mail to: [email protected]
.

D. I NDEMNIFICATION AND INSURANCE REQUIREMENTS
D.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers (“Indemnitees”) from any and all direct claims, actions, losses, damages and/or liability arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Indemnitees. The Contractor indemnification obligation does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Regular Redlands meeting of 09-06-22
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section 2782. Provided, however, that this indemnity does not extend to any environmental hazards or risks.

D.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

D.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors, and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County.

D.4 Policies Primary and Non-Contributory
All policies required above are to be primary and non- contributory with any insurance or self - insurance programs carried or administered by the County.

D.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

D.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the Sheriff’s Department to the address referenced in Paragraph F , evidencing the insurance coverage at the time the Agreement is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

D.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A - VII”.

D.8 Deductibles and Self-Insured Retention
Any and all deductibles or self -insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

D.9 Failure to Procure Coverage
In the event that any policy of insurance required under this Agreement does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the Agreement or obtain insur ance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County invoices to the Contractor will be increased to pay for County purchased insurance.

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D.10 Insurance Review
Insurance requirements are subj ect to periodic review by the County. The Direction of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County . In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

D.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.

If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.

For contractors which are considered self-insured public entities: Both Contractor and County are authorized self -insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, and Workers’ Compensation. Contractor and County warrant that through their respective program of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this agreement.

For contractors which are not considered self- insured public entities: Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the Agreement the following types of insurance with limits as shown:

D.11.1 Workers’ Compensation Liability - A program of Workers’ Compensation insurance or a state-approved self -insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits, covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this Agreement.

D.11.2 Commercial/General Liability Insurance - The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor prov iding coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.

D.11.3 Automobile Liability Insurance - Primary ins urance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non- owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

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If the Contractor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the Contractor owns no autos, a non -owned auto endorsement to the General Liability policy described above is acceptable.

D.11.4 Umbrella Liability Insurance - An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

D.11.5 Abuse/Molestation Insurance – Contractor shall have abuse or molestation insurance providing coverage for all employees for the actual or threatened abuse or molestation by anyone of any person in the care, custody, or control of any insured, including negligent employment, investigation and supervision. The policy shall provide coverage for both defense and indemnity with liability limits of not less than one million dollars ($1,000,000) with a two million dollars ($2,000,000) aggregate limit.

D.12 Any such reduction or waiver for the entire term of the agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this agreement. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

E. RIGHT TO MONITOR AND AUDIT
E.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Agreement . Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Agreement and comply with any and all reporting requirements established by the County.

E.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Agreement or until all pending County, State and Federal audits are completed, whichever is later.

F. NOTICES
All written notices provided for in this Agreement or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County Sheriff’s Department
Bureau of Administration-Contracts Unit
655 East Third Street
San Bernardino, CA 92415-0061
Fax: (909) 387-3444

City of Redlands

PO BOX 3005 Redlands
Redlands, CA 92373
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

G. AUTHORITY
The Sheriff/Coroner/Public Administrator of San Bernardino County shall have the right to exercise the County’s authority under this Agreement including the right to give notice of termination on behalf of the County at his sole discretion.

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H. AGREEMENT AUTHORIZATION
The Contractor warrants and represents that the individual signing this Agreement is a properly authorized representative of the Contractor and has the full power and authority to enter into this Agreement on the Contractor’s behalf.

I. ENTIRE AGREEMENT
This Agreement, consisting of seven (7 ) pages and Schedule A, attached hereto and incorporated by reference, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Agreement not expressly set forth herein are of no force or effect. This Agreement is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Agreement and signs the same of its own free will.

This Agreement 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 Agreement.

The parties shall be entitled to sign and transmit an electronic signature of this Agreement (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 Agreement upon request.

**********END OF SECTION**********

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IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers and delivered this Agreement on the Execution Date on its behalf.

FOR SHERIFF USE ONLY
Approved as to Legal Form Reviewed/Approved by Sheriff-Coroner Authorized Signature

Richard D. Luczak, Deputy County Counsel Kelly Welty, Chief Deputy Director of Sheriff’s Administration
Date Date
Approved as to Legal Form
City of Redlands
(Print or type name of agency/department)

Name, Title (Authorized signature - sign in blue ink) Dated:

Name
(Print or type name of person signing contract)

Title
Agency Name_________________________________

(Print or Type)
Dated:

Signature
Address PO BOX 3005

Redlands, CA 92373
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SCHEDULE A

SAN BERNARDINO COUNTY SHERIFF’S DEPARTMENT

CONTINUING PROFESSIONAL TRAINING (CPT)
FEE SCHEDULE 2022-27 *

* The rates on this page are for the fiscal year 2022-23 only and may be adjusted each fiscal year.

FEE
$725
$290

TRAINING DESCRIPTION
CPT Orientation Session (per session)
CPT Training (per participant, per trimester)
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City Council/Successor Agency Meeting J. 1.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Memorandum of Understanding between the City of Redlands and the University of Redlands for the provision of standby paramedic services at university football games (Fire Chief Sessler)
MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:

I move to approve Memorandum of Understanding with the University of Redlands for the provision of standby paramedic services during the 2022-2023 school year football games.

RECOMMENDATION:

Staff recommends the City Council approve a Memorandum of Understanding between the City of Redlands and the University of Redlands for standby paramedic services at all university football games during the 2022-2023 school year.

DISCUSSION:

The University of Redlands has requested standby paramedic services at all football games during the 2022-2023 school year. The Redlands Fire Department has agreed to provide a Medic Squad or All Risk Vehicle, staffed with two personnel, to provide Advanced Life Support paramedic services at five football games during the 2022-2023 school year. The University of Redlands will compensate the City for these services at rates that will reflect the actual and reasonable costs incurred by Fire Department personnel to provide these services. In addition, should there be any playoff games, Fire Department emergency personnel will be available for any additional games.

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Staff is seeking City Council approval of a Memorandum of Understanding with the University of Redlands for the standby paramedic services to formalize the partnership between the City and the University.

ALTERNATIVES:

Not approve MOU for the provision of standby paramedic services.

STRATEGIC PLAN:

Priority B - Public Health and Safety
SUBMITTED BY:

Rich Sessler, Fire Chief
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Bruni Reyes, Management Analyst
Fiscal Impact
Fiscal Year: 2022-2023
Revenue Generating: N
Appropriation Required Y/N: N
Discussion:

The University of Redlands will compensate the City for the provision of the standby paramedic services for two Fire Department personnel for six hours each game at the rates reflected in Exhibit A of the MOU.

Attachments
Standby Paramedic Services MOU
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1 L:\ca\Agreements\Standby Paramedic Services MOU 9.6.22.doc

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF REDLANDS AND

THE UNIVERSITY OF REDLANDS

FOR STANDBY PARAMEDIC SERVICES

This Memorandum of Understanding is made and entered into this 6 th day of September, 2022 (the Effective Date) by and between the City of Redlands ( “City”) and the Univ ersity of Redlands (“University”), who each are sometimes individually referred to herein as a “Party”, and collectively, as the “Parties.”

RECITALS

WHEREAS, the University has requested that the City enter into this Memorandum of Understanding to allow for the provision of standby paramedic services provided by the Redlands Fire Department to provide first response medical care at five University football games during the 2022-2023 school year; and

WHEREAS, the Univers ity agrees to compensate C ity for the provision of stan dby emergency services by the Redlands Fire Department at each University football game; and

WHEREAS, the Fire Chief concurs with, and consents to this M emorandum of Understanding;

NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the City and University agree as follows:

AGREEMENT

1. The Redlands Fire Department shall provide Advanced Life Support (ALS) standby Paramedic services (“Services”) at five (5) football games at the University for a duration of six hours each game during the 2022-2023 school year beginning September 3, 2022 through November 12, 2022. The Services shall include the following:

A. Provide ALS (Paramedic) service with a standby crew consisting of a Paramedic Squad or All Risk Vehicle (ARV) staffed by two (2) Redlands Fire Department personnel for ALS medical care at University football games.

B. The standby crew will be present at Ted Runner Stadium, 1200 E Colton Ave, Redlands, CA 92374 he following scheduled dates and times , unless advised differently by the University:

1. September 3, 2022 – 5:00 P.M. to 11:00 P.M.

2. September 24, 2022 - 5:00 P.M. to 11:00 P.M.

3. October 22, 2022 - 5:00 P.M. to 11:00 P.M.

4. October 29, 2022 – 11:00 A.M. to 5:00 P.M.

5. November 12, 2022 - 11:00 A.M. to 5:00 P.M.

C. University shall make a written request to the Fire Chief for additional Services for Regular Redlands meeting of 09-06-22
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2 L:\ca\Agreements\Standby Paramedic Services MOU 9.6.22.doc playoff games which may be scheduled by the University.

2. University sh all compensate the City for the Services at the City rates in Exhibit A which are in effect on the Effec tive Date of this Memorandum of Understanding. The City rates reflect the actual and reasonable costs incurred by the City in providing the Services.

3. The University will provide the Fire Chief with any additional changes in scheduling, cancellations, reporting location, special instructions or guidelines, and point of contact information.

4. Either party may terminate this Memorandum of Understanding in the event t hat the Redlands Fire Department could not provide the appropriate staff to provide the services due to a city-wide emergency or a Department staffing shortage at any time by giving fourteen (14) days prior written notice of termination to the other Party. All outstanding charges for Services rendered up to the date of termination shall be paid to City on the effective date of termination.

5. City shall hold harmless, defend and indemnify the University, and its officers, board members, employees and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the City’s performance under this Memorandum of Understanding, provided that any such claim, loss, damage, liability or expense is attributable to bodily injury, sickness, disease, death or injury to or destruction of property, and arises out of or is connected with the performance of the Services by City under this Memorandum of Understanding. Nothing herein shall be interpreted to obligate City to indemnify and defend the University and its officers, board members, employees and agents for the University’s sole negligence or willful misconduct.

The University shall hold harmless, defend and indemnify City, and its officers, employees, and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the University’s performance under this Memorandum of Understanding, provided that any such claim, loss, damage, liability or expense is attributable to bodily injury, sickness, disease, death or injury to or destruction of property, arises out of or is connected with the performance of the of University under this Memorandum of Understanding. Nothing herein shall be interpreted to obligate University to indemnify and defend the City and its officers, employees, and agents for the City’s sole negligence or willful misconduct.

In the event of concurrent negligence, the liability for any and all claims for injuries or damages to persons and/or property which arise out of or relate to this Memorandum of Understanding shall be apportioned under the California theory of comparative negligence as established presently, or as may be hereafter modified.

6. Bot h Parties shall self-insure or maintain a policy or policies of insurance as set forth below for the term of this Memorandum of Understanding:

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements or certification of self-insured or exemption from the workers’ compensation laws of the State of California.

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3 L:\ca\Agreements\Standby Paramedic Services MOU 9.6.22.doc B. Comprehensive General Liability insurance in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required.

7. The University’s Department of Public Safety shall cooperate with the City and its Fire Department in any emergency incidents relating to actions pursuant to the authority provided by this Memorandum of Understanding.

8. In the event any action is commenced to enforce or interpret the terms or conditions of this Memorandum of Understanding, the prevailing party in such action shall be entitled to recover, in addition to its costs and other relief, its reasonable attorneys ’ fees, including fees for in-house counsel of the respective Parties at rates prevailing in San Bernardino County, California.

9.. This Memorandum of Understanding r epresents the entire agreement of the Parties hereto as to the matters contained herein, and any prior negotiations, verbal and written agreements with regard to the subject matter hereof between the City and the University are superseded by this Memorandum of Understanding. Any amendment to this Memorandum of Understanding shall be in writing, approved by City and signed by City and University.

CITY OF REDLANDS

Date
Paul T. Barich, Mayor

ATTEST:

Jeanne Donaldson, City Clerk

CONCUR:

Date
Rich Sessler, Fire Chief

UNIVERSITY OF REDLANDS

___ Date Donna Eddleman, Dean of Student Affairs
University of Redlands
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EXHIBIT A

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City Council/Successor Agency Meeting J. 2.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of an Assignment and Assumption Agreement between the City of Redlands, Otto Environmental Systems North America, Inc. and Duramax Holdings LLC, for supply and delivery of residential refuse bins (Assistant City Manager Boatman) MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:

I move to approve the Assignment and Assumption Agreement between the City of Redlands, Otto Environmental Systems North America, Inc. and Duramax Holdings LLC.

RECOMMENDATION:

Staff recommends that City Council approve the Assignment and Assumption Agreement among City of Redlands, Otto Environmental Systems North America, Inc, and Duramax Holdings LLC, to revise the Contractor's business name and contact information.

DISCUSSION:

The City of Redlands Solid Waste Division utilizes refuse bins for the curbside collection of trash, green waste, organic food waste, and commingled recyclables. Due to the nature of refuse collection, the automated containers are subject to continual contact with the metal arms of the collection vehicles, which results in wear and tear over time.

On September 7, 2021, the City Council approved an agreement with Otto Environmental Systems North America, Inc. for supply and delivery of residential refuse bins in an amount not-to-exceed $399,697.20 for a period of one year, with two additional one-year renewal options, for a total amount not-to-exceed Regular Redlands meeting of 09-06-22
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with two additional one-year renewal options, for a total amount not-to-exceed $1,199,091.60. On July 14, 2022, staff was notified of the vendor name and remittance address change. This Assignment and Assumption Agreement reflects the agreement among City of Redlands, Otto Environmental Systems, LLC and Duramax Holdings, LLC. There is no fiscal impact related to this administrative change.

ALTERNATIVES:

Not Applicable
STRATEGIC PLAN:

Supports Priority D- Sustainability
SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:

Nathalie Ayala, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2022-23
Discussion:

There is no fiscal impact related to approval of this Assignment and Assumption Agreement. This is an administrative change.

Attachments
A. Assignment Agreement Duramax and Otto
B. Otto Environmental Systems Agreement
C. Duramax Otto Purchase Agreement
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ASSIGNMENT AND ASSUMPTION AGREEMENT OF NON-PROFESSIONAL SERVICES

AGREEMENT FOR EQUIPMENT AND SUPPLIES
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Assignment”) is made this 6th day of September 2022 (“ Effective Date” ) among City of Redlands, a municipal corporation (“City”), Otto Environmental Systems North America, Inc., a Delaware corporation (“Assignor”) and Duramax Holdings LLC, an Ohio Limited Liability Company doing business as Otto Environmental Systems (“Assignee”).

WITNESETH:

WHEREAS, the City and Assignor entered into a non-professional services agreement for equipment and supplies (“Agreement”) dated September 7, 2021; and WHEREAS, Assignor and Assignee entered into an agreement dated November 19, 2021 for Assignee to acquire all or substantially all of the assets of Assignor; and WHEREAS, Section 8.2 of the Agreement describes the process for assignment of the rights, duties, and obligations under the Agreement, and specifies that a transfer requires the City’s prior written consent of the City; and
WHEREAS, the Assignee requested City to consent to the Agreement transfer; and WHEREAS, Assignee has demonstrated to the City’s satisfaction that Assignee has the operational and financial ability to perform the terms of this Agreement; and WHEREAS, subject to City approval as provided in the Agreement, Assignor desires to convey and assign to Assignee, and Assignee desires and agrees to accept and assume all of the rights, duties, obligations, title and interest of Assignor with respect to the Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be bound hereby, agree as follows:

1. ASSIGNMENT. Assignor does hereby irrevocably convey, transfer and assign to Assignee, all of the rights, title, interest, duties and obligations of Assignor with respect to the Agreement (the “Assigned Interest”).

2. ASSUMPTION. Subject to the terms and conditions of this Assignment, Assignee hereby irrevocably accepts and assumes the Assigned Interest and from the Effective Date agrees to perform and be bound by all the terms, conditions and covenants of, and assumes the duties and obligations of Assignor with respect to, the Assigned Interest.

3. CITY APPROVAL OF ASSIGNMENT. Subject to the terms and conditions of this Assignment, the City hereby approves and consents to the assignment and assumption of the Agreement.

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4. REMEDIES OF ASSIGNOR. Assignor shall have the right to enforce the provisions of this Assignment and Assignee’s obligations by any appropriate legal or equitable actions and remedies in the event of any delay, failure to perform or breach by Assignee under the provisions of this Assignment assumed by Assignee.

5. REMEDIES OF CITY. City shall have the right under the Agreement to enforce the provisions of this Assignment and the assumed obligations by any appropriate legal or equitable actions and remedies in the event of any delay, failure to perform or breach by Assignee under the provisions of this Assignment or the assumed obligations assumed by Assignee.

6. FURTHER ASSURANCES. Assignor and Assignee shall execute and deliver all such other and further documents and perform all such further acts that may be necessary to effectuate the terms and provisions of this Assignment.

7. SUCCESSORS AND ASSIGNS . This Assignment shall be binding on all successors and permitted assigns of the Parties and inure to the benefit of the respective successors and permitted assigns of the Parties.

8. NOTICES. Notices under this Assignment shall be sent in the manner as follows:

To Assignor: Duramax Holdings LLC dba Otto Environmental Systems Attn: Robert Cheney
Chief Commercial Officer
Duramax Holdings dba: Otto Environmental
Systems
12700 General Drive, Charlotte, NC 28273
[email protected]
Phone: 800-795-6886
Fax: 704-588-5250

To Assignee: Otto Environmental Systems North America, Inc.

Attn: Michael Costello,, President and CEO
12700 General Drive
Charlotte, North Carolina 28273
[email protected]

To City: City Clerk
City of Redlands
35 Cajon Street
P.O. ox 3005 (mailing)
Redlands, CA 92373
[email protected]
Phone: (909) 798-7531
Fax: (909) 798-7535

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9. HEADINGS. Section headings in this Assignment are for convenience only and are not intended to be used in interpreting or constraining the terms, covenants or conditions of this Assignment.

10. GOVERNING LAW. This Agreement shall be deemed made and prepared and shall be governed, construed and interpreted in accordance with the laws of the State of California, without reference to conflicts of laws rules.

11. NO AMENDMENT TO ASSIGNED AGREEMENT. Nothing contained herein shall change, alter or otherwise amend the terms of the Agreement, which shall remain in full force and effect, subject to the assignment, assumption and amendment of the Agreement as set forth herein.

12. SEVERABILITY. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected.

13. COUNTERPARTS. The Parties may execute this Agreement in one or more counterparts, which shall, in the aggregate, be signed by all the Parties; each counterpart shall be deemed an original instrument as against any Party who has signed it. Signatures delivered by facsimile or portable document format (.pdf) shall be deemed to be original signatures.

[Signature Page Follows]
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IN WITNESS WHEREOF, this Agreement has been duly executed and delivered by a duly authorized representative of each of the Parties as of the date first above written.

DURAMAX HOLDINGS LLC
a Limited Liability Company
“ASSIGNOR”

By:

Name: Robert Cheney
Title: Chief Commercial Officer

OTTO ENVIRONMENTAL SYSTEMS NORTH
AMERICA, INC.
a Delaware corporation,
“ASSIGNEE”

By:

Name: Robert Cheney
Title: Chief Commercial Officer

THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE FOREGOING

ASSIGNMENT AND ASSUMPTION AGREEMENT AND CONSENTS TO THE ASSIGNMENT CONTEMPLATED THEREUNDER:

CITY OF REDLANDS

By:

Paul T. Barich
Mayor

ATTEST:

__________________________
Jeanne Donaldson, City Clerk
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AGREEMENT TO PERFORM NON- PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES
This agreementfor theprovision of automated refusebin containersandassociatedservices Agreement") ismadeandenteredin this7thdayof September, 2021 ("Effective Date"), by and betweentheCity of Redlands, a municipalcorporation ("City") and Otto Environmental Systems North America, Inc , a Delaware corporation (" Contractor") City and Contractor are sometimes individuallyreferredto hereinasa "Party" and, together, asthe "Parties " In consideration of the mutualpromises containedherein, City andContractoragreeasfollows ARTICLE 1 — ENGAGEMENT OF CONTRACTOR
1 1 CityherebyengagesContractortoperformthesupplyanddeliveryof automatedrefusebin containersand associatedservicesfor City (the "Services")

1.2 TheServicesshallbeperformedby Contractorin aprofessionalmanner, andContractor representsthatit hastheskill andtheprofessionalexpertisenecessaryto providethe Services toCity at a level of competencypresentlymaintainedby otherpracticing professionalContractorsin theindustryproviding likeandsimilartypesof Services ARTICLE 2 — SERVICES OF CONTRACTOR
2 1 TheServicesthatContractorshallperformaremoreparticularlydescribedin Exhibit "A," titled " Scope of Services," whichis attachedheretoandincorporatedhereinby reference

2. 2 Contractorshallcomplywith applicablefederal, stateandlocallawsandregulationsin the performanceofthisagreementincluding, butnotlimitedto, anyapplicableStateprevailing wage laws
ARTICLE 3 — RESPONSIBILITIES OF CITY
3 1 City shallmakeavailableto Contractorinformation inits possessionthatmayassist Contractorin performingthe Services

3. 2 CitydesignatesChrisBoatman, FacilitiesandCommunityServicesDirector, asCity's representativewithrespect toperformanceof theServices, andsuchpersonshallhavethe authoritytotransmit instructions, receiveinformation, interpretanddefineCity'spolicies anddecisionswith respectto performanceof theServices
ARTICLE 4 — PERFORMANCE OF SERVICES
4 1 ContractorshallperformandcompletetheServicesin apromptanddiligentmanner The termof thisAgreementshallbefor aperiodof one (1) yearfromtheEffectiveDateof this Agreement ( the " Initial Term") The City shall havethe option to extendthe Initial Term of this Agreement bytwo (2) additionalone-yearterms (each, an "ExtendedTerm"), on thesametermsandconditions, byprovidingwrittennoticetoContractoratleastthirty (30) dayspriorto theexpirationof theInitial Termor anyExtendedTerm. The Initial Term 1 L.\ca\cljm\Agreenients\OttoEnvironmentalSystemsAgreement.FY21-0012.clocx.jn Regular Redlands meeting of 09-06-22
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and the ExtendedTermsare collectivelyreferredto hereinas the "Term" of this Agreement.

4.2 Contractor's failure to provide Serviceswithin the time allowed will result in damages being sustainedby City Suchdamagesare, andwill continueto be, impracticableand extremelydifficult to determineAccordingly, Contractorshallpayto City, or have withheldfrommoniesdueto Contractor, thesumof fifty cents ($0 50) per undehvered containereachday, excluding Saturdays, Sundays andFederalHolidays. The Parties' executionofthis Agreementshallconstitutethe expressagreementby CityandContractor that fifty cents ($0.50) perundelivered containereachdayistheestimateddamagetoCity causedby the failure of theContractorto completethework within theallowed time Such sumisestablishedasliquidateddamages, andshallnotbeconstruedasapenalty, andmay bedeductedfrompaymentsdueContractorif suchdelayoccurs
4 3 If Contractor'sServicesinclude deliverableelectronicvisualpresentationmaterials, such materialsshallbedeliveredinaform, andmadeavailabletotheCity, consistentwithCity Council adoptedpolicy for the sameIt shallbe theobligationof Contractorto obtaina copyof suchpolicy from City staff.

ARTICLE 5 — PAYMENTS TO CONTRACTOR
5 1 The compensationfor Contractor's performanceof the Servicesshall not exceedthe amountofthreehundredninetyninethousandsixhundredninetysevendollarsandtwenty cents ($ 399, 697. 20) for the Servicesprovided during the Initial Term. Should this Agreementbeextended, thecompensationfor Contractor's performancefor the Services shallnotexceed theamountofthreehundredninetyninethousandsixhundredninetyseven dollars andtwenty cents ($399,697.20) for the secondExtended Term, and threehundred ninetyninethousand six hundredninetysevendollarsandtwentycents ($399,697 20) for thethirdExtendedTerm, bringingthetotalpossibleamountof compensationto anot -to - exceedamountof onemilliononehundredninetyninethousandninetyonedollarsand sixty cents ($ 1, 199, 091 60) FortheInitialTermandeachExtendedTerm, Cityshallpay Contractoron a time and materialsbasis up to the not to not -to -exceedamountin accordance with the rates specified in Exhibit " B," titled " Price and Fee Bid," which is attached hereto andincorporatedhereinby reference
5 2 ContractorshallsubmitmonthlyinvoicestoCitydescribingtheServicesperformedduring theprecedingmonth. Contractor's invoices shallincludeabrief descriptionof the Services performed, thedatestheServiceswereperformed, thenumberofhoursspent andbywhom, anda descriptionof reimbursableexpensesrelatedto theServicesCity shall pay Contractornolaterthanthirty (30) daysafterreceiptandapprovalbyCityof Contractor's invoice
5 3 Any notice orothercommunicationrequired, or whichmaybe given, pursuantto this Agreement, shallbe in writing Any suchnoticeshallbedeemeddelivered (i) on thedate of deliveryin person, (ii) five (5) daysafterdepositin first classregisteredmail, with return receiptrequested, (iii) ontheactualdeliverydateif depositedwith anovernight courier, or iv) on the datesentby facsimileor electronicmail transmission (includingPDF), if confirmedwith a copy sentcontemporaneouslyby first class, certified, registeredor 2 L:\ca\djm\Agreements\OttoEnvironmentalSystemsAgreement.FY21 -0012.docx.jn Regular Redlands meeting of 09-06-22
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expressmail, in eachcaseproperlypostedandfully prepaidto theappropriateaddressset forthbelow, or suchotheraddressasaPartymay providenoticein accordancewiththis section.

CITY
City Clerk
City of Redlands
35 Cajon Street
P 0 Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlandsorg
Phone ( 909) 798- 7531
Fax ( 909) 798- 7535

CONTRACTOR
Michael Costello, President and CEO
Otto Environmental Systems N America, Inc
12700 General Drive
Charlotte, NC 28273
Michael. Costello@otto- usa.com
Phone ( 480) 227- 6335
Fax ( 704) 588- 5250
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6 1 Thefollowinginsurancecoveragerequiredby thisAgreementshallbemaintainedby ContractorforthedurationofitsperformanceoftheServices. Contractor shallnotperform anyServicesunlessanduntiltherequiredinsurancelisted belowisobtainedby Contractor ContractorshallprovideCitywithcertificatesof insuranceandendorsementsevidencing suchinsurancepriorto commencementof theServices Insurancepoliciesshall includea provisionprohibitingcancellation ormodificationof thepolicy exceptuponthirty (30) daysprior written noticeto City
A. Workers' CompensationandEmployer's Liability insurancein theamountthatmeets statutoryrequirementswith aninsurancecarrieracceptableto City, or certificationto City that Contractor is self -insured or exempt from the workers' compensation laws of theStateof California. ContractorshallexecuteandprovideCitywith Exhibit "C," titled " Workers' Compensation Insurance Certification," which is attached hereto and incorporatedhereinbythisreference, priortoperformanceof theServices B ComprehensiveGeneralLiability insurancewith carriersacceptableto City in the minimum amount of One Million Dollars ($ 1,000,000) per occurrenceandTwo Million Dollars ($ 2,000,000) aggregate, for public liability, propertydamageandpersonal injury isrequired City shallbenamedasanadditionalinsuredand suchinsuranceshall beprimaryandnon-contributingtoanyinsuranceorself-insurancemaintainedbyCity C Business Auto Liability coverage, with minimum limits of One Million Dollars 1,000,000) per occurrence, combinedsinglelimitbodily injuryliabilityandproperty damageliability This coverageshall includeall Contractor ownedvehiclesusedin connectionwith Contractor'sprovisionof theServices, hiredandnon - ownedvehicles, andemployee non -ownershipvehiclesCity shallbenamedasanadditionalinsured and suchinsuranceshallbeprimaryandnon-contributingto any insuranceor self- insurancemaintained byCity

6. 2 Contractorshall defend, indemnifyand hold harmlessCity and its electedofficials, employeesandagentsfromandagainstanyandall claims, lossesor liability, including 3 L:\ca\djm\Agreements\Otto EnvironmentalSystemsAgreement.FY21-0012.docx.jn Regular Redlands meeting of 09-06-22
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attorneys' fees, arisingfrominjuryordeathto personsordamagetopropertyoccasioned byanynegligentactor omissionby, orthewillful misconductof, Contractor, oritsofficers, employeesandagentsin performingtheServices
ARTICLE 7 — CONFLICTS OF INTEREST
7 1 Contractorcovenants and representsthatit doesnothaveanyinvestmentorinterestinany realpropertythat maybethesubjectof thisAgreementoranyothersourceof income, interestinrealpropertyor investmentthatwouldbeaffectedinanymannerordegreeby theperformanceof Contractor'sServicesContractorfurthercovenants andrepresentsthat intheperformanceofitsduties hereunder, no personhavinganysuchinterestshallperform any Servicesunder thisAgreement.

7. 2 Contractoragreesit is not a designatedemployeewithin themeaningof thePolitical Reform Act because Contractor
A. Doesnot makea governmentaldecisionwhetherto
i) approvea rate, rule or regulation, or adopt orenforcea City law; ii) issue, deny, suspendor revoke anyCity permit, license, application, certification, approval, order or similar authorization or entitlement; iii) authorizeCity to enterinto, modify or renewacontract; iv) grantCity approvalto a contract that requiresCity approvalandto which City is aparty, or to thespecificationsfor sucha contract; v) grantCity approvalto aplan, design, report, studyor similaritem, vi) adopt, or grantCityapprovalof, policies, standardsorguidelinesforCity or for any subdivision thereof.

B DoesnotserveinastaffcapacitywithCityand, inthatcapacity, participateinmaking agovernmental decisionor otherwiseperformthesameorsubstantiallythesameduties for City thatwouldotherwisebeperformed byanindividualholdinga position specifiedin City' s Conflict of InterestCodeunderGovernmentCodesection87302 7 3 In theeventCity determines thatContractormustdiscloseits financialinterests, Contractor shall completeand file a Fair Political PracticesCommission Form700, Statementof EconomicInterests, with the City Clerk's office pursuantto the written instructions providedby theCity Clerk.

ARTICLE 8 — GENERAL CONSIDERATIONS
8 1 In theeventanyactioniscommencedto enforceorinterpretanyofthetermsorconditions of this AgreementtheprevailingPartyshall, in additionto anycostsand otherrelief, be entitledto therecoveryof its reasonableattorneys' fees, includingfeesfor theuseof in- house counselby aParty
8 2 Contractorshallnotassignanyof theServices, exceptwiththepriorwrittenapprovalof Cityandin strictcompliancewiththetermsandconditionsof this Agreement. Any 4 L.\ca\djm\Agreements\Otto EnvironmentalSystemsAgreement.FY21-0012.docx.jn Regular Redlands meeting of 09-06-22
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assignmentor attemptedassignmentwithoutsuchprior writtenconsentmay, in thesole discretionofCity, resultsinCity'simmediateterminationofthisAgreement. 8 3 Contractoris for all purposesunderthis Agreementan independentcontractorandshall performtheServicesasanindependentcontractorNeitherCitynoranyof its agentsshall have control over the conduct of Contractoror Contractor's employees, except asherein set forth. Contractorshall supply all necessarytools and instrumentalitiesrequiredto performtheServices. AssignedpersonnelemployedbyContractorareforitsaccountonly, andin no eventshall Contractoror personnel retainedby it be deemedto havebeen employedbyCityorengagedbyCityfortheaccountof, oronbehalfof City Contractor shallhaveno authority, expressor implied, to actonbehalfof Cityin anycapacity whatsoeverasanagent, norshallContractorhaveanyauthority, expressorimplied, tobind City to any obligation.
8 4 ThisAgreementmaybeterminatedby City, in its solediscretion, byprovidingnot less than ten (10) dayspriorwrittennoticeto Contractorof City's intenttoterminateIf this Agreementis terminatedby City, an adjustmentto Contractor's compensation shallbe made, but (1) noamountshallbeallowedfor anticipatedprofitor unperformedServices, and (2) anypaymentdueContractoratthetimeoftermination maybe adjustedtotheextent of anyadditionalcoststo Cityoccasionedbyanydefaultby ContractorUponreceiptof a terminationnotice, Contractorshallimmediatelydiscontinueits provisionof the Services and, within five ( 5) days of the dateof the termination notice, deliver or otherwisemake availableto City, copies (in both hard copy and electronicform, where applicable) of project related data, drawings, specifications, reports, summaries and such other informationandmaterialsasmayhave beenaccumulatedbyContractorinperformingthe ServicesContractorshallbecompensatedonapro-ratabasisforServicescompletedupto the date of termination.
8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documentsevidencingcosts andexpensesrelatedto theServicesfor aperiodof three (3) years, orforanylongerperiodrequiredby law, fromthedateof finalpaymenttoContractor pursuant to this Agreement. Such books shall be available at reasonable times for examinationby City at the office of Contractor
8 6 ThisAgreement, includingtheExhibitsincorporatedhereinby reference, representsthe entireagreementandunderstandingbetweenthePartiesasto thematterscontainedherein, andanypriornegotiations, writtenproposalsorverbalagreementsrelatingtosuchmatters are supersededby this Agreement. Except as otherwise provided for herein, any amendmenttothis Agreementshallbeinwriting, approvedbyCityandsignedbyCityand Contractor
8 7 This Agreementshallbe governedby andconstruedin accordancewith the laws of the Stateof California, withoutregardtoitsconflictsof lawsprovisionsThePartiesagreethat all actions orproceedingsarising in connectionwith this Agreementshall be tried and litigatedonly in thestatecourtslocatedin SanBernardinoCounty, California, andthe federalcourtslocatedin RiversideCounty, California.
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8 8 If oneormoreof thesentences, clauses, paragraphsorsectionscontainedin this Agreement is declaredinvalid, void or unenforceableby a courtof competentjurisdiction, thesame shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unlessto do sowould depnveaPartyof amaterialbenefitof its bargainunder this Agreement
IN WITNESS WHEREOF, duly authorizedrepresentativesof City andContractorhave signed in confirmation of this Agreement

CITY OF REDLANDS
Paul T Banch, Mayor
ATTEST
neDonaldson, City Clerk

OTTO ENVIRONMENTAL SYSTEMS
NORTH! ERI
By
M' chael C stello, Presi ent aEO 6
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EXHIBIT " A"

SCOPE OF SERVICES
Provideautomated refusecontainersonaperunit need -by -needbases

DELIVERY
All refuse, yard wasteand recyclablescontainersshall be deliveredcompleteand readyto assemble, and shall be shipped and delivered in a new unused state Containers shall be molded from a fully recyclable material supplied from a national petrochemical manufacturer, certificationsby manufacturerand prior approvalof said materialby the City is required.

Assemblies, subassemblies, andcomponentpartsshallbestandardandinterchangeablethroughout theentirequantityof containersManufacturershallto furnishacompleteitemizedpartslist and assemblymanual for containers,
Manufacturershallsupplythe namesof all subletvendorsfromwhichtheyprocurefinishedparts or materialsused in the assemblyof containers, including, but not limited to, appurtenant hardware
Containersshall bedeliveredto the City of Redlandswithin 30daysafter issuanceof order Each order will be in increments of 504 units

WARRANTY
Container" is defined as a completeunit including all lids and appurtenanthardware All containersfurnishedshall beunconditionally (100%) warrantiedfor aminimum of ten (10) years afterphysicaldeliveryandacceptanceby theCity Theunconditional warrantyshallinclude, but not belimited to, suchitemsascracking, chipping, peeling, andothertypesof distortion, failures atattachmentpointsforlids, hingesorotherpointsof attachment; weathering, degrading, defective or insufficient materials, poor workmanship on the part of manufacturer; loweredultraviolet resistanceduringnormalusageasthecontainerages, andplacementof all warningsanddirections for use upon the lid/ container as specified. Defective containers, which are replaced under warrantyprovisions, shallbereplacedascompletecontainers (includinglids andhardware) within thirty (30) workingdaysfromnotificationof defectby theCity Contractoragreesto reimburse theCity for anylosswhichmaybeincurredby theCity incidentalto theloading, shippingand disposalof defectivecontainersAll costs, includingshippingcostsfor deliveryto Redlands, incurredin thereplacementof saiddefective unitsor partsshallbefully borneby theContractor In additionto thewarrantyimplied by fact or law, Contractorexpressly warrantsall itemsto be new, free from defectin design, materials, constructionandworkmanship, andto be fit and sufficient for their intendedpurpose Contractorshallnot beresponsiblefor damageor destruction causedby fire, vandalism, abuse, neglect, or actsof God aftercontainers havebeendeliveredand accepted.

DESIGN SPECIFICATIONS
Universal Type Automated Refuse Containers
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Containercapacity (large refuse, greenwaste, and recyclables) 95-gallon ( U S liquid gallonsin containerbase)
Containercapacity (smallrefuse, green waste, organic, andrecyclables) 65-gallon ( U S liquid gallons in containerbase)
Container configuration and color Refuse, round/Grey; Green Waste, round/green, Recyclables, round/ blue, and Organics, round/ Tan.

Dimensions275" maximumwidthatwidestpoint includinglid, hip or grippingsurface diameter mustbecompatiblewith City of Redlands automatedside -loadingvehicles Lid. Each container shall be furnished with awater -tight lid molded from the samematerial as the container; lid shapeshallfeatureoverlapping "flared" sidesin ordernot to bind againstthe sideswhencontaineris distortedby grippingdevicesPrimarylid attachment to container shallNOT featuremetalhinges, tubes, PV C plastic, or gluedconnections.

Theprimarylid shallopentoaminimum270degreesmeasuringfromtheclosedposition to the full openposition. Theminimum materialthicknessshallnot bemore than0 12" Weight: No more than 4lbs
HandleEachcontainershallfeatureacarthandlewhichis anintegral partof thebodyof thecart, andnotthelid. Diameter• shallbe 1.2" andprovide187" clearancefor hands.

Identification. A numberingsystemshallbeutilizedthatcanidentifycontainersby year andmonthof manufacture, aSerialnumbertrackingsystemin 1 - 1 ''A inch size numbers shallbehot stampedinto the front bodywall All containersshallbe identifiedwith the wording "City of Redlands" inscribedandmoldedintothelid. additionalstandardsafety information providedby manufacturer shallbe includedif deemedstandard.

Finish Interior surfaces shall be molded with a smooth finish, with exterior surfaces featuring anon - sliptexture finish.

HardwareAll metalhardwareshallbezinc platedor stainlesssteelto preventcorrosion, hardwarepackagingshallbe approvedby the buyerin an acceptableform to facilitate unloadingandhandlingin a safemanner
Stability. Containers shallbe stable andself -balancing whenin the uprightposition, whetherloadedor empty
Containersshallbedesignedandratedto handlea230-poundload (65-gallon), and 335- pound load (95-gallon)
Cartswill beinjectionmoldedonly (NO rotationallymoldedcarts) Cartsmusthaveacontouredshapeandroundededgesto createfewerstresspoints Compressiveforce Eachcontainershallbecapableof withstandinga compressiveforce of 200 poundsanticipatedin theprocessof lifting anddumpingwithoutsustainingdamage, deformation, or structural failure, side wall thickness NO GREATER THAN 0 15 INCH AND 0 15 ON THE BOTTOM SECTION
Containersshallbe designedto bepickedup anddumpedby aclaspingarmmechanism thatappliesforceatapointapproximately1/3of theheight belowthe topedgeContainers shallbeadequately designedto preventslidingthroughlifting armwhenlifted andturned 8 L:\ca\djm\Agreements\OttoEnvironmentalSystemsAgreement.FY21-0012.doex.jn Regular Redlands meeting of 09-06-22
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upsidedownto be emptied. City testinghasrevealedthat full lengthrectangularshaped carts (Europeanstyle) are incompatiblewith City automatedequipmentand therefore unacceptableContainer bodyshallbedesignedwithoutcavitiesorpartitions, whichcould retain refuse after dumping. LoadingHeight: 4175", Overall Depth. 33. 25", Overall Height: 45. 375"
Wording• theexisting wordingandgraphicsshallbein both EnglishandSpanish andshall be molded into the lids of each container
MarkingsRefusecartsshallbehotstampedonbothsideswiththeCityof Redlandslogo GreenWastecartsshallbehotstampedwiththeCityof Redlands "Recycling" logo

ENVIRONMENTAL AND SAFETY AND HEALTH STANDARDS COMPLIANCE Contractor shall comply with applicable environmental statutes, regulations & guidelines in performingtheworkrequired underthisagreement. Contractorshallalsocomplywithapplicable OccupationalSafetyandhealthstandards, regulationsandguidelinesin performingthework required under this agreement.
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EXHIBIT " B"

PRICE AND FEE BID

RESIDENTIAL CONTAINER PURCHASE PRICE
Per Unit Purchase Price
Product Description Unit Price
95 gal. Automated containers
grey — refuse)

54. 27
95 gal. Automated containers
green — green waste)

54. 27
95 gal. Automated containers
blue — recyclable)
54 27
65 gal. Automated containers
grey, green, blue tan)

47. 27

ESCALATION AND DE- ESCALATION OF BID PRICE
DuringtheTermofthisAgreement, theremaybeageneralpublishedmanufacturer'spricechange ORageneralmarketchange, asevidencedbypricespaid byother governmentalentitiesorprivate organizations, in eitherthe costof materialsor laborof theproductor servicespecified herein.

Within thirty ( 30) calendardays of a DECREASE in price, Contractor shall have an AFFIRMATIVE DUTY to ( 1) notify the City of market, manufacturer or laborer decreasesin prices, and (2) toextendthefulldecreasetotheCity FailureofContractortonotifytheCityand/or extendsuchdecrease(s) maybeconsidereda breachof contract.

Contractoris allowedto increasepriceoncea year, upon contracttermrenewalONLY In event of anINCREASEinprice, theCitymayallow, upon presentationofsuitableproofandthirty (30) calendardays' advancedwrittennotice, anincreaseoverbidpriceIncreaseswill applyonlyto products or servicesaffectedby an increasein raw material, labor, or other like cost factors No increasewill beallowedearlierthan (365) calendardaysfromdateof contractaward, including thirty (30) calendardays' advancedwrittennoticeandwrittenapprovalbyauthorizedCitystaff.

If theContractorproposesapriceincrease, theContractor shallberequiredtosubmitanyprice increasesto authorizedcity staff. Saidnoticeshall showitemnumber, currentprice, suggested priceincrease, andpurchaseordernumberTheCityreservestherighttoacceptorrejectanyprice increase, andtocancelthecontractif priceincreasesarenotacceptableDocumentationmaybe requiredto providejustification for any increasesbasedon the US Bureauof Labor Statistics, Consumer Price Index increases or manufacturer increases that are out of the control of the Contractor
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EXHIBIT " C"

WORKERS' COMPENSATION INSURANCE CERTIFICATION
Everyemployer, excepttheState, shallsecurethepaymentof compensationin oneor moreof the following ways
a)
Bybeinginsuredagainstliabilitytopaycompensationbyoneormore insurersduly authorized to write compensation insurance m this State b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, eitherasanindividualemployer, or asoneemployerin a groupof employers, whichmaybegiven uponfurnishingproofsatisfactoryto theDirector of IndustrialRelationsof ability to self -insureandto pay anycompensationthat may becomedue to his or her employees

CHECK ONE
V I amawareof theprovisionsof Section3700of theLaborCodewhichrequires every employerto be insuredagainstliability for Workers' Compensationor to undertakeself-insurance in accordancewith theprovisionsof thatCode, andI will complywith suchprovisionsbefore commencingthe performanceof the work and activities required or permitted under this Agreement ( Labor Code § 1861)
I affirmthatatall times, in performingtheworkandactivitiesrequiredor permittedunder this Agreement, I shallnot employanypersonin anymannersuchthat I becomesubjectto the workers' compensationlawsof CaliforniaHowever, atanytime, if I employanypersonsuchthat I becomesubjecttotheworkers' compensationlawsofCalifornia, immediatelyI shallprovidethe City with a certificate of consent to self -insure, or a certification of workers' compensation insurance
I certify underpenalty of perjury underthe laws of the Stateof California that the information and representations made in this certificate are true and correct OTTO ENVIRONLENT* L SY -TEMNORTH
AMERfCAQINC. Date
O/ Y4/ o,
Presidentan 11
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City Council/Successor Agency Meeting J. 3.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the agreement with Walker Consultants, Inc. for the completion of a Downtown Parking Study for an amount not-to-exceed $121,560 (Development Services Director Desatnik) MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:

I move to approve the agreement with Walker Consultants Inc. for an amount not-to-exceed $121,560.

RECOMMENDATION:

Staff recommends that City Council approve the agreement with Walker Consultants, Inc. for the completion of a downtown parking study for an amount not-to-exceed $121,560.

DISCUSSION:

Over the past decade, the City of Redlands' downtown has continued to grow and thrive, with the surrounding core around State Street considered one of Redlands' greatest assets. A central goal of the 2035 General Plan and draft Transit Villages Specific Plan is enhancing a pedestrian-friendly, walkable urban core by promoting in-fill and mixed-use development in the downtown area.

There are several large mixed-use projects, including the redevelopment of the Redlands Mall, that will be added to the downtown over the next several years.

The City desires to plan for and to provide sufficient parking in downtown to ensure its economic vitality and success; to provide that parking cost-effectively and in convenient locations for users; and to efficiently manage parking in a manner that supports a walkable and pedestrian-friendly downtown environment.

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On May 31, 2022, the Development Services Department published a Request for Proposal (No. 20220428CE) requesting a Downtown Parking Study. The City received nine (9) proposals, with the three (3) highest scoring from company proposals, selected to be interviewed. After completion of the interviews, Walker Consultants, Inc. (Walker) was selected to complete the Downtown Parking Study.

Vendor Location
1 CR Associates Los Angeles,
CA
2 Dixon Resources Unlimited San Diego, CA
3 EVARI GIS Consulting, Inc. San Diego, CA
4 Fehr & Peers Riverside, CA
5 General Technologies and Solutions
(GTS)
Los Angeles,
CA
6 KOA Corporation San Diego, CA
7 Neslon\Nygaard Consulting Associates,
Inc.

Los Angeles,
CA
8 TJW Engineering, Inc. Irvine, CA
9 Walker Consultants, Inc. Los Angeles,
CA
In accordance with Chapter 2.16.180 of the City's Municipal Code, an evaluation committee reviewed and rated the proposals based on each firm's demonstrated competence and professional qualifications in accordance with specific evaluation criteria identified in the RFP. Walker was identified as the consultant most qualified to perform the tasks listed in the RFP.

Walker has worked with cities throughout Southern California and has expertise in identifying the technical and structural characteristics, values, and needs of the communities they have served. Some of these clients include Solvang, Redondo Beach, San Diego, Beaumont, Palm Springs and Santa Monica. A vitae for Walker is attached to this report.

Walker has spent thousands of hours observing and analyzing parking and curb use over decades as the lead author of the International Council of Shopping Center's (ICSC's) and Urban Land Institute's (ULI's) shared Parking Models and publications. Walker has expertise in all aspects of parking policy, including pairing, new mobility management and planning, shared parking, shared operation, enforcement and technology, signage and wayfinding, data collection and analytics, street design and activation of public spaces and streets.

The scope of work for the study will include:

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The scope of work for the study will include:

Inventory and mapping of existing parking facilities;
Parking utilization analysis;
Parking management recommendations;
Strategies to improve utilization; and
Opportunities for new parking facilities
Development Services Department staff will provide updates to the Traffic and Parking Commission throughout the study period and when the study is completed, prior to a presentation to the City Council. The study is anticipated to be completed by May 2023.

ALTERNATIVES:

City Council may elect not to approve the agreement and provide alternative direction to staff. However, not approving the agreement would impact the current schedule for completion of the study.

STRATEGIC PLAN:

Strategic Plan Priority A, Strategic Objective 2 - Increase accessibility to businesses and essential services through improvements to mobility and parking.

SUBMITTED BY:

Brian Desatnik, Development Services Director
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Cruz Esparza IV
Economic Development Manager
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Fiscal Impact
Fiscal Year: 2022-23
Revenue Generating: N
Appropriation Required Y/N: N
Amount: $125,000
Budgeted Y/N: Y
Account No.: 101161-6710
Discussion:

Attachments
Attachment A: Walker Agreement
Walker Consultants Company Profile
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AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This agreement for the preparation of a Downtown Parking Study and the provision of professional consulting services (“Agreement”) is made and entered in this 6th day of September 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Walker Consultants, Inc. a Michigan Corporation (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as t he “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONSULTANT

1.1 City hereby engages Consultant to pr epare a Downtown Parking Study and provide professional consulting services for the City (the “Services”).

1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency p resently maintained by other practicing professional consultants in the industry providing like and similar types of Services.

ARTICLE 2 – SERVICES OF CONSULTANT

2.1 The Services that Consultant shall perform are more particularly described in Exhibit “A,” titled “Scope of Servi ces,” which is attached hereto and incorporated herein by this reference.

2.2 Consultant shall comply with applicable federal, state, and local laws and re gulations in the performance of this A greement including, but not limited to , any applicable State prevailing wage laws.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City designates Brian Desatnik, Development Services Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “B,” titled “Project Schedule,” which is attached hereto and incorporated herein by reference.

4.2 If Consultant’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to Cit y, consistent with City Council-adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff.

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ARTICLE 5 – PAYMENTS TO CONSULTANT

5.1 Compensation: Total compensation for Consultant’s performance of the Services shall not exceed the amount of one hundred twenty -one thousand five hundred sixty dollars ($121,560). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit “C ,” titled (“Fee Schedule”) which is attached hereto and incorporated herein by reference.

5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of re imbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant’s invoice.

5.3 Any n otice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF) , if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:

CITY: CONSULTANT:

City Clerk Steffen Turoff
City of Redlands Principal In Charge
35 Cajon Street Walker Consultants, Inc.

P.O. Box 3005 (mailing) 707 Wilshire Blvd.

Redlands, CA 92373 Suite 3650
[email protected] Los Angeles, CA 90017
(909) 798-7531 [email protected]

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant.

Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modificati on of the policy except upon thirty (30) days prior written notice to City.

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets Regular Redlands meeting of 09-06-22
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L:\ca\Agreements\Walker Consultants Downtown Parking Study4181.docx.jm statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers’ compensation laws of the State of California. Consultant shall execute and provide City with Exhibit “ D,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

B. Comprehensive General L iability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,00 0,000) aggregate , for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

C. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made.

D. Business Auto L iability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant’s provision of the Services, hired and non-owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non -contributing to any insurance or self - insurance maintained by City.

E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the in surance policies req uired hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor.

6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant , or its officers, employees and agents in performing the Services.

ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant’s Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

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7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant:

A. Does not make a governmental decision whether to:

(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.

B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, State ment of Economic Interests , with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.

ARTICLE 8 – GENERAL CONSIDERATIONS

8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of in - house counsel by a Party.

8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in s trict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City’s immediate termination of this Agreement.

8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant’s employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event sha ll Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity Regular Redlands meeting of 09-06-22
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8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City’s in tent to terminate. If this Agreement is terminated by City, an adjustment to Consultant’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed S ervices, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the da te of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination.

8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books s hall be available at reasonable times for examination by City at the office of Consultant.

8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, an y amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant.

8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

8.8 If one or more of the sentences, clauses, paragraphs, or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agree ment and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.

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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement.

CITY OF REDLANDS WALKER CONSULTANTS, INC.

By: ___________________________ By: _________________________ Paul T. Barich, Mayor Steffen Turoff, Principal In Charge

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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L:\ca\Agreements\Walker Consultants Downtown Parking Study4181.docx.jm EXHIBIT "A"

SCOPE OF SERVICES

Approach and Methodology
The City of Redlands, its businesses, residents, and visitors are at the confluence of converging and complimentary trends, providing an opportunity to rethink how travel and access should be provided to enhance the quality of life in its historic Downtown area. The traditional paradigm of transportation in California that requires a parking space for every person who patronizes and works at a restaurant or other business in the City is evolving. New technologies and changing consumer preferences for the simple convenience and pleasure of bicycling and walking allow the public choices other than relying on driving and parking to reach their destination. At the same time, Walker recognizes that the majority of access will continue to occur via private vehicle s, which should be accommodated and managed efficiently to maximize the use and utility of parking assets.

The inefficiency and cost of devoting too much land to parking spaces and inefficient management of that space can be detrimental to the vibrancy of a mixed-use Downtown area, constrains business and limits the City’s ability to advance mobility and climat e goals. An inefficient parking system increases traffic, deters bicycling and walking, prevents existing businesses from expanding or new business from opening, and limits the number of businesses and destinations to visit in the City.

With the planned addition of 1,000+ residential units to downtown Redlands, the time is now for the City to take a comprehensive look at parking and mobility in its Downtown core to ensure that the system serves the needs of both existing and future businesses, residents, a nd visitors in an effective and efficient manner. The City is also constructing a new parking garage that will support the downtown Redlands train station as well as intensifying downtown land uses and activity. The garage should promote a “park once” strategy, creating a more active transportation-oriented downtown.

We will approach this effort from all perspectives, real estate, infrastructure, design, policy, management, financial, and most of all the human experience. How can the City get the highest a nd best use out of its parking facilities while maintaining a high-level of customer service and satisfaction? How can we use parking policies to efficiently managed demand while also providing incentives for non- auto travel? How can the recommendations and policies determined in this study support the goals of both the General Plan and Transit Villages Specific Plan?

Is parking pricing appropriate as a management tool and as an essential method for fostering equity and balance among diverse populations and user groups? What is the right curb allocation and usage of the curb beyond traditional on-street parking? This is just as important, with ride apps, commercial delivery, and micro mobility options continually changing transportation behaviors and how we use this precious, valuable space.

Walker’s parking plans and policies, parklet designs and programs, shared use analyses for parking facilities, wayfinding plans, technology plans, curb management plans, financial analysis, and active transportation and mobility plans, have answered these questions for our clients, to maximize their parking and generate infinite imagination of those who seek to be together in more livable spaces.

Our Process
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L:\ca\Agreements\Walker Consultants Downtown Parking Study4181.docx.jm In the era of changing mobility and consumer demands, how can valuable parking assets, curb space, and public space be planned, organized, and optimized to prioritize needs, accommodate demand, and achieve
the City’s goals. In keeping with this mandate, we propose to focus on the following core areas of achievement:

• Understand the City of Redland’s holistic approach. The City’s planning efforts embrace the connections between economic, social, modal, environmental, and cultural impacts.

Recommendations developed through this work will be equally comprehensive in their scope and impact.
• Use the City’s goals as a north star. The General Plan and Transit Village Specific Plan can provide a path for all efforts related to parking, mobility, and access. Walker will view the City’s goals for climate, mode share, access, equity, and economic development as our “north star” for developing recommendations that meet the core vision and values of the City and its constituents. • Be aspirational and inspirational, but also data-driven in identifying best practices. In identifying best practice solutions from across the country and around the world, Walker will evaluate not only aspiration and innovation, but also the effectiveness in performance of those best practice solutions from a quantitative and qualitative standpoint. The guiding question in this search will always be “to what extent will this solution serve the Redlands community?” • Focus on clear and unified messaging. We will ensure that this effort is an extension and continuation of the City’s comprehensive planning efforts through clear and unified messaging in open and collaborative partnership with City staff and stakeholders.

Scope of Work
Based on Walker’s understanding of the City’s goals and objectives, and the scope of work provided int he RFP, the following is Walker’s detailed scope of work, outlining how the Project Team will work with the City, the community, and other stakeholders to achieve the goals and objectives of the project as outlined in the RFP. Walker will honor the goals of the tasks as set forth in the RFP as well as add value using creative solutions with a pragmatic and implementable focused deliverable.

Task 1 – Project Management
Jeff Weckstein, the Project Manager for this engagement, is known for his technical, data -driven style, aligned with client’s needs and goals. Jeff’s, and Walker’s, goal is always to develop a mutual understanding of outcomes and conclusions and monitor project progress, and a unified, branded messaging to all constituents. Jeff’s responsive, creative, and flexible approach enables him to maintain original budgets and schedules even when project goals and scope changes. He will organize and lead regular project management meetings and develop action items for follow up. Jeff will be supported by Walker’s effective project management practices created from over 56 years of experience.

Task 1.1 Kick Off Meeting. Walker will conduct an in-person kick-off meeting with the Walker and City teams to explore project parameters, objectives, purpose, assumptions, and goals. The kick -off meeting will include determination of the study area, and a discussion of pro ject scope, schedule, and budget. Walker will conduct a site visit after the kick-off meeting.

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L:\ca\Agreements\Walker Consultants Downtown Parking Study4181.docx.jm Task 1.2 Confirm Scope and Schedule. Based on the outcomes of the kick-off meeting, and the agreed upon study area, Walker will develop and finalize the project scope and schedule alongside the City’s Project Manager.

Task 1.3 Monthly Project Team Meetings/Project Updates. Walker will conduct virtual monthly project team meetings with the Walker and City teams to review project progress, milestone, st atus, data, roadblocks, and preliminary findings.

Task 1.4 Public Meetings. Walker anticipates meeting twice with the traffic and parking commission during the Project. This scope of work assumes one virtual and one in-person meeting with the traffic and parking commission. In addition to the presentation meetings included in Task 6, this scope of work assumes one meeting with City Council during the project but before the presentation stage.

Deliverables:
• Meeting minutes and follow up action items
• Monthly invoices

Task 2 – Analysis of Existing Resources and Utilization Rates We believe that data is the foundation to great outcomes. Our team focuses not only on data analysis, but on clear data visualization to ensure findings are digestible to the community.

Task 2.1 Review of Existing Materials. Walker will review the 2017 Initial Downtown Parking Study and Draft Transit Village Specific Plan.

Task 2.2 Downtown Parking Survey. Walker will prepare a draft downtown parking and mobility survey, and work with City staff to finalize the survey. Walker will work with the City to identify appropriate means/methods to disseminate the survey, which will include, at a minimum, an intercept survey to occur over two days with one Walker staff persons performing the survey during key time periods to be discussed with the City.

Task 2.3 Business Community Outreach. Walker staff will attend two (2) meetings with business community representatives to discuss the goals and objectives of the study and hear specific concerns or interests of the business community related to parking management. This scope of work assumes that the meetings will occur on one day (such as a daytime and evening session) and that the City of Redlands will arrange the meeting locations and attendees.

Task 2.4 Downtown Parking Standards Review. Walker will review parking standards and requirements in the Downtown area. Walker will research parking standards and requirements in up to three (3) peer cities, determined jointly with City staff.

Task 2.5 Data Collection . Walker proposes to partner with IDAX Data Solutions to conduct the data collection effort. IDAX, overseen by Walker, will lead a multi-day data collection effort in the study area to understand and document existing parking conditions. Specifically, we propose to:
a. Conduct an inventory of public on-street and off-street parking spaces. The inventory will include gathering the number of parking spaces and current parking restrictions on a block-by-block basis.

The inventory will also include other curb uses such as bus stops and loading zones and will be provided in GIS format.
b. Conduct parking occupancy counts of public on -street and off -street parking spaces. Walker anticipates the following:

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L:\ca\Agreements\Walker Consultants Downtown Parking Study4181.docx.jm a. Two (2) day of on the ground data collection
i. Weekday (Tuesday, Wednesday, or Thursday) – every hour hours from 9am to 9pm ii. Weekend (Saturday or Sunday) – every hour from 9am to 9pm iii. Turnover (length of stay) data will be collected at select parking facilities/in select locations concurrently with the parking occupancy counts.
b. To provide the public and stakeholder more confidence our data collection efforts will include an analysis of off and on-street parking transaction and revenue data (to be provided by the City as available). We will compare this analysis to our on the ground data collection and analyze to find trends in occupancy, turnover, and peak parking times. c. We can provide additional data collection if the City has additional budget available. We are happy to work with the City on the appropriate data collection process based on the City’s preferences and needs.

Task 2.6 Existing Conditions. Walker will summarize the findings from Tasks 2.1-2.4 in a report chapter. Data collection will be presented using tables and through “heat maps” showing the locations in which parking demand is concentrated and locations with more availability. Congested parking areas and underutilized parking facilities will be identified through the analysis and graphics. The report will include survey results, a discussion of where parking may be added to the downtown through restriping or reconfiguration of on- street spaces, and recommendations related to the existing parking standards in the City’s current land use ordinances.

Deliverable:
• Existing Conditions chapter of parking study report

Task 3 – Confirmation of Vision, Goals, and Policies

Building on learnings from previous tasks, Walker will work with the City to confirm the vision, goals, and policy agenda that has already been put in place in the City’s general Plan.

Task 3.1 Confirm Vision and Goals. In partnership with City staff and drawing on the General Plan and learnings from the survey and peer cities review, Walker will confirm the vision and goals for the Parking Plan aligned with the General Plan. The vision will clarify the goals of the parking and mobility program and focus on balancing the needs of the downtown area stakeholders.

Task 3.2 Develop Policies. Based on the data and policy analysis, we will confirm a set of realistic policies, drawn largely from policies set forth in the General Plan. Policies will be grounded in the reality of staff and technology resources and capabilities, guiding regulations and statutes. Policies will address parking and access issues in downtown Redlands based on the findings in Tasks 2 and the vision and goals established in Task 3.1.

Task 3 .3 Existing City Hall Redevelopment. Walker’s functional designers will prepare preliminary conceptual parking layouts for the existing City Hall site which will be vacated. Concepts will involve demolition of the existing parking structure on the site, bu t potentially involve retaining the existing subterranean parking and integrating it into the conceptual above-grade design.

Deliverable:
• Vision, goals, and policies chapter of parking study report.

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L:\ca\Agreements\Walker Consultants Downtown Parking Study4181.docx.jm Task 4 – Development of Strategies and Actions (Parking Priorities and Recommendations)
We know parking and transportation is a political process. Our team is comprised of policy experts who have shepherded policy initiatives through local, state, and federal elected bodies, from fundamental change to minor amendments. We will work with the City to frame policy strategies and actions based on goals, data, visualizations, and real-life examples, to convey the story for policy change.

Task 4.1 Strategies and Actions. Walker will develop a list of parking, access, and mobility strategies to support the goals identified in Task 3. Walker will also recommend actions to implement the strategies and actions identified.

Deliverable:
• Strategies and actions chapter of parking study report that addresses parking issues in line with the vision, goals, and policies identified in Task 3.

Task 5 – Implementation and Measurement of Success
Task 5.1 Action Implementation. For each action identified in Task 4, develop a “business plan” that defines implementation of each strategy and action. The “business plan” is assumed to include each of the following for implementation:
• Whether each action will be short-, medium-, or long-term. • The responsible City department for implementing each action, as well as departments that will support each action.
• Define how success will be measured, develop Key Performance Indicators (KPIs) for each action and an evaluation strategy to measure success.

Walker anticipates presenting the list of strategies and actions in a visual, easy to digest format, such as a matrix.

Deliverable:
• Business plan/implementation chapter of parking study report.

Task 6 – Deliverables, Draft, and Final Document
Once all deliverables from previous tasks are completed and approved, we will create an illustrative and digestible Downtown Parking Study report.

Task 6.1 Administrative Review Document. Based on all previous tasks, Walker will prepare the draft report for City staff review and comment. Walker will receive one (1) set of consolidated comments on the draft report.

Task 6.2 Update Administrative Review Document. Based on comments received, Walker will update the report.

Task 6.3 Power Point Presentation . Walker will prepare a power point presentation summarizes the key elements of the report to present to the Traffic and Parking Commission and City Council.

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L:\ca\Agreements\Walker Consultants Downtown Parking Study4181.docx.jm Task 6.4 Traffic and Parking Commission Review. Walker will update the report based on comments received from the Traffic and Parking Commission.

Task 6.5 City Council Review. Walker will finalize the report based on comments received from City Council. Task 6.6 Final Document. Walker will submit a final document to the City.

Deliverables:
•
and Final document, presentation

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L:\ca\Agreements\Walker Consultants Downtown Parking Study4181.docx.jm EXHIBIT "B"

PROJECT SCHEDULE

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L:\ca\Agreements\Walker Consultants Downtown Parking Study4181.docx.jm EXHIBIT "C"
Fee Schedule

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L:\ca\Agreements\Walker Consultants Downtown Parking Study4181.docx.jm EXHIBIT “D”

WORKERS’ COMPENSATION INSURANCE CERTIFICATION

Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:

(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer , or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with suc h provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

VENDOR

By: Date: ___________________
Steffen Turoff, Principal In Charge

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PLANNING
• Parking, mobility, and curbside
analysis and plans, including the
impacts of transportation network
companies and autonomous vehicles
• Transportation demand management
studies and plans
• Parking allocation and pricing
strategies
• Due diligence and parking facility/
system financial feasibility studies

OPERATIONS
• Parking facility operational and
financial audits and plans
• Curb management plans
• Valet parking plans
• On- and off-street parking
operations, enforcement,
technology and policy consulting
• Commercial parking operator RFPs
and procurement assistance

TECHNOLOGY
• Design, RFP development and
procurement assistance for
PARCS, APGS, parking meters, and
enforcement technologies
• Reservation systems and apps
• PCI compliance
MOBILITY AND PARKING SOLUTIONS:

Walker delivers cost-effective and user-friendly solutions that improve mobility and access through well-designed plans, financing, operational methods, and technology.

We are a professional services firm employing specialized planners, parking-operations and technology experts, engineers, and architects. Our team of professionals deliver customized, knowledge-based services relating to mobility strategy, financial feasibility, parking operations and technology consulting, forensic restoration, building envelope testing and solutions, and parking facility design. Walker’s clients include airports, municipalities, colleges and universities, hospitals, transit agencies, private owners, legal firms, and real estate developers. Our services apply decades of best practices that enhance the users’ experiences and advance the owners’ goals.

The transportation and parking professionals within Walker’s Planning and Operations & Technology group share their expertise with our clients. Walker’s work has supported $3 billion in parking financing, by providing clients with thorough analyses to demonstrate the project’s merit to institutions and investors. Planners and engineers at Walker led the effort to update the ULI (Urban Land Institute) and ICSC (International Council of Shopping Centers) shared parking model, the recognized industry standard. For thousands of clients, we have evaluated their parking and transportation systems, developing customized, implementable solutions. History at Walker reveals that our people and products of our work inspire changes that further the goals of each client.

Our primary objectives always focus on achieving the following:
• Make it easier for people to reach their destinations • Support and encourage transportation mode choice
• Optimize parking and transportation customer service and bottom lines • Improve quality of lives through economic growth and built environments that work for people
• Perform due diligence services helping to gauge market risk and upside potential 275+

FOUNDING YEAR

DOMESTIC OFFICES
STATES
1965
23 50

PROFESSIONALS
COUNTRIES51
About Walker
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Steffen Turoff
Principal
Steffen’s focus at Walker is on parking policy and planning in commercial districts and town centers. His analyses frequently deal with the relationship between parking policy and related issues such as economic development, the cost of real estate, transportation alternatives and “smart growth.” He also works on studies for mixed-use developments, universities, airports and other land uses as well.

Steffen has a Master of Arts in Urban Planning from UCLA, where he studied with parking expert Professor Donald Shoup. Subsequently Steffen was a planning analyst at Gilmore Associates in Los Angeles, the development firm that championed the City’s Adaptive Reuse Ordinance, which allows for the conversion of historic buildings into multifamily uses.

The firm is credited with sparking the residential renaissance in Los Angeles’ Historic Core neighborhood.

Project Highlights
Civic San Diego, CA
Comprehensive Downtown Parking Plan Update
LA Metro
Los Angeles, CA
County-wide Parking Facility Assessment and Supportive Transit Parking Program Master Plan, 2015 - 2018 and On-call Services
City of Healdsburg, CA - Downtown
Parking plan with an in lieu fee component, Downtown Parking Management Plan, Review, Analysis and Recommendations for parking requirements for three districts
Pacific Beach - Discover Pacific Beach Business Improvement District San Diego, CA
Parking Management and Implementation Plan and Policy Analysis City of Burbank, CA - Magnolia Park
Parking Supply/Demand, Management Strategy, Residential Permit Policy Paid Parking Feasibility Projections and Recommendations City of Santa Monica, CA
City-wide rate study: 2018, 2012, 2010; Downtown Parking Finance Plan Update; Civic Center parking and transportation plan
City of Inglewood, CA
Residential Parking Permit District Plan for Stadium Parking; Public parking pricing plan for Stadium Parking
Key Experience
Parking Policy and Planning
Municipal Planning
Community Redevelopment
Education
Master of Arts, Urban Planning,
University of California - Los Angeles
Bachelor of Arts, Economic History,
University of California - Berkeley
Charrette Planner Certificate, National
Charrette Institute
Affiliations
International Parking Institute
American Institute of Certified Planners
International Downtown Association
Urban Land Institute
California Redevelopment Association
Recent Publications
“Hey Buddy, What will you Pay for this
Parking Spot?” Planning, American
Planning Association, May-June 2013
“Mensa Meters”, The Parking
Professional, International Parking
Institute, May 2013
Presentations
“Parking Systems: Policies, Management
and Design”, Southern California
Association of Governments (SCAG),
May 2010
Languages
Spanish, proficient speaking and reading
Japanese, fluent speaking and reading
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Steffen Turoff
Local Government Participation
Chair, West Los Angeles Neighborhood Council Committee on Transportation, Traffic, and Development, 2004-2005 Full Project Listing
Government
City of Arcadia
City of Arcata
City of Artesia
City of Beverly Hills
City of Burbank
City of Bothell
City of Del Mar
City of Escondido
Port of Everett City of Carmel-by-
the-Sea
City of Camarillo
City of Carpinteria
City of Covina
Culver City Redevelopment Agency
Foothill Transit
City of Golden
City of Healdsburg
City and County of Honolulu
City of Huntington Beach
King County of Washington
City of Laguna Beach
City of Long Beach
Los Angeles County
Los Angeles Department of
Transportation
Community Redevelopment Agency
of the City of City of Los Angeles
Metropolitan Area Planning Agency
City of Mill Valley
City of Napa
City of Newport Beach
City of Norfolk
City of Novato
North County Transit District
City of Omaha
City of Ojai
Pacific Beach Community
Development Corp.

City of Palm Desert
Palm Desert Redevelopment
Agency
City of Palmdale
City of Pasadena
City of Placentia
City of Phoenix
Downtown Phoenix Partnership
Reading Parking Authority
City of Riverside
City of Sacramento
City of San Clemente
City of San Diego
City of San Luis Obispo
City of Santa Clarita
City of Santa Monica
City of Santa Rosa
City of Sunnyvale
City of Wausau
City of West Covina
Appleton, WI
Downtown Parking Economic
Strategy and Recommendations
City of Arcadia, CA
Departments of Transportation and
Planning
Downtown Parking Study and
Management Plan
City of Beaumont
Beaumont, California
Parking Management Master Plan
Belmont Shore
Long Beach, CA
Parking Supply, Demand and Policy
Review
Burbank Convention Center
Parking Supply/Demand Study
City of Burbank
Burbank, CA
Downtown Parking Study; Magnolia
Park Parking Study, Metrolink
Parking Consulting
City of Burbank - 2500 N
Hollywood Way
Burbank, CA
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Steffen Turoff
Aloft and Residence Inn Dual Brand
Hotel Parking Study
City of Burbank Downtown Parking
Study
Burbank, CA
Central Business District Parking
Supply/Demand, Management and
Paid Parking Feasibility Study
City of Burbank Magnolia Park
Burbank, CA
Parking Supply/Demand,
Management Strategy, Residential
Permit Policy Paid Parking
Feasibility Projections and
Recommendations, Future Demand
and Recommendations Study
Carmel by the Sea, CA
Parking Pricing Analysis, 2016
Downtown Parking Analysis, 2013,
2015, 2016
City of Culver City, CA
Redevelopment Agency
Parking Management and Pricing
Plan
Dana Point Harbor Revitalization
Dana Point, CA
Management Strategy
City of Davis, CA
In-Lieu Parking Study
City of Del Mar – Downtown
Del Mar, CA
Supply/demand study and parking
management strategy
Port of Everett
Everett, WA
Shared Parking Analysis, Study and
Parking Management Plan
City of Glendale, CA
Parking Department Organizational
Review
City of Goleta, CA
Department of Public Works
Hollister Commercial Corridor
Parking Study
City of Healdsburg, CA - Downtown
Parking plan with an in lieu fee
component, Downtown Parking
Management Plan, Review, Analysis
and Recommendations for parking
requirements for three districts
Hollywood & Highland
Los Angeles, CA
2016 Rate Analysis
City of Huntington Beach, CA
5th Street Feasibility Study
City of Inglewood
Residential Parking Permit District
Plan for Stadium Parking
City of Inglewood
Public parking pricing plan for
Stadium Parking
City of Laguna Beach
Laguna Beach, CA
Parking Demand, Management and
Financial Analysis
Services Department
County Parking Facility Operation
Assessment
County of Los Angeles, Internal
Services Department
County Parking Facility Parking Rate
Assessment
LADOT Los Angeles Civic Center
Los Angeles, CA
Parking Demand Study
City of Los Altos
Los Altos, CA
Downtown Parking Plan
City of Napa, CA
Parking Study Update
City of Novato, CA
Private developer
City Hall/Downtown Parking
Demand Study
Downtown Ojai, CA
Parking Supply and Demand
Analysis
City of Omaha
Event District Parking Plan
City of Palmdale, CA
Conference Center and Hotel
Parking Feasibility Analysis, 2010
Palmdale Conference Center
Parking Supply/Demand Analysis
City of Palm Springs, CA
Downtown Parking Demand and
Operations Study
City of Pismo Beach, CA
Downtown Parking Study
City of Mountain View
Mountain View, CA
Downtown Technology
Implementation
City and County of Honolulu, HI
Parking Rate Study
City and County of Honolulu, HI
Urban Core Parking and
Transportation Master Plan
County of Sacramento, CA
Downtown event revenue analysis,
2016
Civic San Diego, CA
Comprehensive Downtown Parking
Plan Update, 2016
San Diego Civic Center
San Diego, CA
Gensler . Planning Study
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Steffen Turoff
City of San Luis Obispo, CA
Parking Services Organizational
Assessment; Palm/Nipomo Parking
structure demand study
City of Santa Monica, CA
City-wide rate study: 2018, 2012,
2010
Downtown Parking Finance Plan
Update
Civic Center parking and
transportation plan
City of Santa Monica Civic Center
Santa Monica, CA
Mobility and Parking Analysis and
Management Plan
City of Santa Monica, CA
Finance Department
Citywide Rate and Policy Study
City of Santa Monica, CA
Economic Development
Parking Financing and Management
Study
Downtown Santa Rosa
Downtown Parking Policy and
Financing Analysis
City Of Sunnyvale
Sunnyvale, CA
Parking Capacity Study
City of West Sacramento
West Sacramento, CA
Bridge District Urban Parking Plan
City of Vista
Vista, CA
Review, Analysis and
Recommendations for City-wide
parking requirement revisions
Transit
City of Burbank Metrolink Parking
Facility
Burbank, CA
Parking Facility and District Analysis
and Recommendations for Shared
Use Feasibility
King County Metro
Seattle, WA
Transit Study and Parking Expansion
Plan
Sunnyvale Caltrain Station
City of Sunnyvale, CA (2012)
Department of Public Works
Paid Parking Feasibility Study,
Parking and maintenance
management strategies
North County Transit District
San Diego, CA
Paid Parking Feasibility Study
LA Metro
Los Angeles, CA
County-wide Parking Facility
Assessment and Supportive Transit
Parking Program Master Plan, 2015 -
2018 and On-call Services
Placentia Metrolink Station
Placentia, CA
Parking Demand Study
Santa Clarita Transit Parking Study
Santa Clarita, CA
Analysis of commuter parking
El Monte Busway Mixed-Use
Development
El Monte, CA
Parking study for a private, mixed-
use transit oriented development
Covina Metrolink Garage Rate
Study and Parking Access and
Revenue Control
Covina, CA
Parking demand and rate analysis
Airport
Phoenix Sky Harbor International
Airport
Phoenix, AZ
Planning and Parking Demand
Analysis
Las Vegas McCarran Airport
Las Vegas, NV
Planning and Parking Demand
Analysis
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City Council/Successor Agency Meeting J. 4.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the Non-Professional Services Agreement with Synagro-WWT, Inc. for wastewater bio-solids hauling and disposal with an initial one (1) year term value not-to-exceed $350,000 with options to extend for two (2) additional years for a total amount not-to-exceed $1,050,000, and determination that this action is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Department Director Harris)
MOTION(S):

If City Council determines that staff's recommendation is appropriate, the following motion are provided:

I move that City Council determine approval of the Non-Professional Services Agreement with Synagro-WWT, Inc. is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move that City Council approve the Non-Professional Services Agreement with Synagro-WWT, Inc. for wastewater bio-solids hauling and disposal with an initial one (1) year term value not-to-exceed $350,000 with options to extend for two (2) additional years.

2. RECOMMENDATION:

Staff recommends City Council determine that approval of a Non-Professional Services Agreement for wastewater bio-solids hauling and disposal is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and approve a Non-Professional Agreement with Synagro-WWT, Inc. with an initial one (1) year term value not-to-exceed $350,000 with options to extend for two (2) additional years for a total amount not-to-exceed $1,050,000.

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DISCUSSION:

The City's Wastewater Treatment Plant (WWTP) process includes three (3) primary digesters and one (1) secondary digester to treat municipal wastewater.

Organic solids are separated from the liquid and transferred to the anaerobic digesters, where the physical and chemical breakdown occurs. This process produces a nutrient-rich product known as biosolids. Recovered biosolids are processed into compost and used to improve soil health and for carbon sequestration. This WWTP Biosolids Management Program produces approximately 4,500 tons of Class B Biosolids that meet U.S. EPA guidelines for land application as fertilizer each year.

In accordance with the City's purchasing policy, City staff developed a Request for Bid (RFB) for wastewater bio-solids hauling and disposal services. The RFB was competitively advertised, and the City Clerk conducted a public bid opening on March 15, 2022. Bids were evaluated by City staff, and Synagro-WWT, Inc. submitted the lowest responsive and responsible bid.

Bid Opening Report:

No. Plan Holder's Name Bid
Signed
Addenda
Acknowledged
(1)
Bid
Amount
(Per (Per
Ton/Per
Load)

1. Synagro-WWT, Baltimore, MD Yes 1 Acknowledged $ 72.58

2. Anaergia, Carlsbad, CA Yes 1 Acknowledged $ 97.00

3. One Stop Landscape Supply,
Redlands, CA
Yes No $125.00

4. Clean Harbor, Highland, CA Yes No $3,058.00
Staff recommends approving the Non-Professional Services Agreement with Synagro-WWT, Inc. for this service. This Agreement includes an initial one (1) year term value not-to-exceed $350,000 with options to extend for two (2) additional years for a total amount not-to-exceed $1,050,000. Approval of the agreement is categorically exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act.

ALTERNATIVES:

City Council may deny the staff recommendation and provide alternate direction to staff.

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STRATEGIC PLAN:

N/A
SUBMITTED BY:

John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Kevin O. Watson, Utilities Operations Manager
PREPARED BY:

Fernando Mata, Wastewater Operations Superintendent
Fiscal Impact
Fiscal Year: FY 22/23
Appropriation Required Y/N: No
Amount: $350,000.00
Budgeted Y/N: Yes
Account No.: 521900
Discussion:

There is no fiscal impact associated with approval of this Agreement. Funding for this service is included in the FY 22/23 Wastewater Service Fund, and will be included in future fiscal year budgets if the Agreement is extended.

Attachments
Agreement
Bid Report
Bid Analysis
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1 L:\ca\Agreements\Synagro-WWT Agreement.NPS-2.2.FY22-0013.docx.jn

AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS

This agreement for the provision of municipal wastewater bio-solids hauling and disposal (“Agreement”) is made and entered in this 6th day of September, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Synagro- WWT, Inc. (“Contractor”). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Contractor agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to perform municipal wastewater bio -solids hauling and disposal services for City (the “Services”). The Services that Contractor shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.

ARTICLE 2 – RESPONSIBILITIES OF CONTRACTOR

2.1 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non- discrimination laws, including the Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City’s Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373.

2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771.6.

2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comp ly with Labor Code sections 1775 and 1777.7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.

2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection.

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2 L:\ca\Agreements\Synagro-WWT Agreement.NPS-2.2.FY22-0013.docx.jn

2.5 Contractor acknowledges that eight (8) hours constitutes a legal day’s work pursuant to Labor Code section 1810.

2.6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.

2.7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, goods or materials pursuant to this Agreement.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.

3.2 City designates John R. Harris, Municipal Utilities & Engineering Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and de fine City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 The term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the “Initial Term”). The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

4.2 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit “B,” which is attached hereto and incorporated herein by this reference, in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compen sation for Contractor’s performance of the Services shall not exceed the amount of Three Hundred Fifty Thousand Dollars ($350,000) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of Three Hundred Fifty Thousand Dollars ($350,000) for the first Extended Term; and Three Hundred Fifty Thousand Dollars ($350,000) for the second Extended Term, bringing the total possible Regular Redlands meeting of 09-06-22
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3 L:\ca\Agreements\Synagro-WWT Agreement.NPS-2.2.FY22-0013.docx.jn amount of compensation to a not-to-exceed amount of One Million Fifty Thousand Dollars ($1,050,000). For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not- to-exceed amount in accordance with the rates specified in Exhibit “C,” titled “Price and Fee Bid,” which is attached hereto and incorporated herein by reference.

5.2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom.

City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.

5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:

CITY CONTRACTOR
City Clerk Floyd Backes, Chief Operating Officer
City of Redlands Synagro-WWT, Inc.
35 Cajon Street 435 Williams Court, Suite 100
P.O. Box 3005 (mailing) Baltimore, MD, 21220
Redlands, CA 92373 [email protected]
[email protected] (443) 489-9000
(909) 798-7531

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor.

Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “D,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and Regular Redlands meeting of 09-06-22
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4 L:\ca\Agreements\Synagro-WWT Agreement.NPS-2.2.FY22-0013.docx.jn incorporated herein by this reference, prior to performance of the Services.

B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor’s provision of the Services, hired and non-owned vehicles, and employee non- ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non- contributing to any insurance or self - insurance maintained by City.

6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services.

ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor’s Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor:

A. Does not make a governmental decision whether to:

B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the Regular Redlands meeting of 09-06-22
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7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.

ARTICLE 8 – GENERAL CONSIDERATIONS

8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.

8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor’s compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.

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8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.

8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor.

8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.

IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS SYNAGRO-WWT, INC.

By: By:

Paul T. Barich, Mayor Floyd Backes, Chief Operating Officer

ATTEST:

Jeanne Donaldson, City Clerk
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7 L:\ca\Agreements\Synagro-WWT Agreement.NPS-2.2.FY22-0013.docx.jn EXHIBIT "A"

SCOPE OF SERVICES
• Schedule: The contractor must supply a tractor (goat/mule) and trailer every day of the week. City staff will coordinate with contractor as to real time needs, if needed.

Hauling of bio- solids is only to be scheduled Sunday -Saturday 06:00AM-12:00PM.

Note* this includes all holidays. If Contractor faces any challenges meeting the schedule, the Contractor must notify the Wastewater Treatment Plant one (1) hour in advance.
• Address: 1950 Nevada St. Redlands, Ca 92374
• Removal of municipal wastewater bio -solids from a Class I Sludge Management Facility which have been physically treated by methods that include de-gritting, thickening, anaerobic digestion, and dewatering by way of centrifuge. The estimated annual amount of bio-solids to be removed from site is 900 dry metric tons with an average percent solid of 25% or less at the time of hauling.
• Contractor must provide the tractor (goat/mule)/trailer that fits under a loading bay platform structure measuring 112 inches high and 224 inches wide. This is accomplished by the contractor delivering one empty trailer and taking the full trailer.

Tractor (goat/mule) must stay onsite and provided by Contractor.

• Contractor shall provide adequate personnel who are appropriately licensed, certified, and trained to perform the work outlined in the Scope of Services. • Transportation of bio- solids shall follow all applicable regulations for waste hauling and equipment used shall be appropriately licensed and permitted.

• A chronologically numbered load ticket shall be provided to City staff for each load of bio - solids removed from the site at the time of removal and shall be documented accordingly upon submittal of invoice.
• Each load hauled off-site shall be weighted by a weigh station that maintains the appropriate certifications for weights and measures and provides the contractor with a valid weight ticket.

The weight ticket shall be documented accordingly upon submittal of invoice. • Pricing shall include all charges associated with the Scope of Service including, but not limited to, personnel, tipping fees, weights and measures, equipment, and costs associated with equipment including insurance, fuel, mileage, and supplies. • While on City property all work shall be performed in a safe manner, using the appropriate Regular Redlands meeting of 09-06-22
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8 L:\ca\Agreements\Synagro-WWT Agreement.NPS-2.2.FY22-0013.docx.jn personal protective equipment and in accordance with the City’s safety practices, OSHA, and job specific contractor requirements.
• Disposal and further treatment of bio-solids shall be managed in a manner consistent with all applicable rules and regulations for bio- solids management including Environmental Protection Agency 40 CFR 503.
• Contractor shall provide an annual notification by January 15 th of each year summar izing quality of bio-solids removed, disposal and treatment methods, and analysis performed. • Contractor shall notify the City within 30 days of discovery of any violation of related bio- solids regulations and 90 days in advance of any changes to disposal location and/or disposal and treatment methods.
• Contractor shall properly mitigate any spills involving the City’s municipal bio- solids that occur prior to destination. Contractor shall provide the City written notification within 30 days of the event and submit any manifest or bill of lading related to the spill within 90 days of the event.

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9 L:\ca\Agreements\Synagro-WWT Agreement.NPS-2.2.FY22-0013.docx.jn EXHIBIT "B"

LABOR AND MATERIAL BOND

Whereas, the City of Redlands, State of California, and Synagro- WWT, Inc. (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to Municipal Wastewater Bio-Solids Hauling & Disposal (the “Work”), which said agreement, dated September 06 , 2022, and titled as “Agreement to Perform Non-Professional Services for Improvement to Public Builds and Grounds” is hereby referred to and made a part hereof; and

Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.

Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Three Hundred Fifty Thousand Dollars ($ 350,000 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

In witness whereof, this instrument has been duly executed by the Principal and surety above named, on , 2022.

(SEAL) (SEAL)
(Synagro-WWT, Inc.) (Surety)
BY:
(Signature) (Signature)
Address:

(Seal and Notarial Acknowledgment of
Surety)

Telephone( )
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10 L:\ca\Agreements\Synagro-WWT Agreement.NPS-2.2.FY22-0013.docx.jn EXHIBIT “C”
(
Item Description Price
Per Ton, Per
Load

1. Price shall include but not limited to, hauling, disposing, permits, fees, fuel surcharges, and any other fee associated with the removal and hauling of sludge from the City of Redlands Wastewater Treatment Facility
$ 72.58

TOTAL SUM BID
(Items 1) $ 72.58

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11 L:\ca\Agreements\Synagro-WWT Agreement.NPS-2.2.FY22-0013.docx.jn EXHIBIT “D”

WORKERS’ COMPENSATION INSURANCE CERTIFICATION

Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:

(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certi ficate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

SYNAGRO- WWT, INC.

By: Date:

Floyd Backes, Chief Operating Officer
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City Council/Successor Agency Meeting J. 5.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a 2023 GapVax MC1510-3S3S combination Jet/Vac truck purchase from Plumbers Depot, Inc. for $657,806.09 (Municipal Utilities and Engineering Director Harris)
MOTION(S):

I move that City Council approve the purchase of a 2023 GapVax MC1510-3S3S combination Jet/Vac truck from Plumbers Depot, Inc. for $657,806.09.

RECOMMENDATION:

Staff recommends City Council approval to purchase a 2023 GapVax MC1510-3S3S combination Jet/Vac truck from Plumbers Depot, Inc. for $657,806.09.

DISCUSSION:

The City of Redlands maintains approximately 1,876 stormwater catch basins and 13.60 miles of underground stormwater drainage pipes to collect and convey stormwater runoff to the Santa Ana River. Efficiently maintaining this system requires the use of a combination jet/vacuum truck to reduce localized flooding within neighborhoods, business districts, and the transportation network. A 1980 Vactor combination jet/vacuum truck currently in use is well beyond it's anticipated service life and does not meet California Air Resources Control Board (CARB) emission and air quality standards (attached) that became effective in January 2020. This truck recently malfunctioned and making it operable within the CARB standards is not practical.

Staff researched purchase and lease options for a replacement combination vacuum/jet truck and determined that purchasing a new truck is the best financial option. Leasing a new truck similar to those used by other Municipal Utilities and Engineering Divisions would cost approximately $850,000.

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Utilities and Engineering Divisions would cost approximately $850,000.

Staff received a quote from Plumbers Depot, Inc. through Sourcewell (formerly NJPA and identified as 101221-GPV Sourcewell). Sourcewell holds hundreds of competitively solicited cooperative contracts that meet the City's competitive procurement requirements, and the City is a Sourcewell member agency. Staff recommends City Council approval to purchase a 2023 GapVax MC1510-3S3S combination Jet/Vac truck from Plumbers Depot, Inc. for $657,806.09. The City's Fleet Maintenance Division has standardized the use of these GapVax trucks for the following reasons:
15-20 year estimated life expectancy;
Less than $5,000 projected maintenance cost in a three-year period; Lower cost for replacement parts and ancillary equipment; Improved efficiency - saving time and money;
Ability to assist the sewer collection department in the event of multiple sanitary sewer overflows at once;
Ability to assist the Fire Department in the event of a trench rescue operation.

ALTERNATIVES:

City Council may deny the staff recommendation and provide alternative direction to staff for maintaining the City stormwater conveyance system.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Kyle Wagner, Construction Manager
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:

Cindy Barstow, MUED/Senior Administrative Assistant
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Fiscal Impact
Fiscal Year: FY22/23
Revenue Generating: No
Appropriation Required Y/N: No
Amount: $657,806.09
Budgeted Y/N: Yes
Account No.: 101401-8706
Discussion:

The FY 22/23 Municipal Utilities and Engineering Department Streets and Inspections Division budget (101401-8706) includes $650,000 for this purchase. It is recommended that $7,806.09 be transferred from other MUED Streets and Inspection budgets to supplement the remainder of the purchase price.

Attachments
Sourcewell Contract #101221-GPV RFP Information
Sourcewell Contract #101221-GPV
Budget Transfer Form
GapVax Quote
E-CARB Rules
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101221-GPV

Rev. 3/2021 1

Solicitation Number: RFP #101221

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and GapVax Inc., 575 Central Avenue, Johnstown, PA 15902 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 29, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

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101221-GPV

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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be

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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;

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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell

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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,

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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms

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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is

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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names

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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation

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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell GapVax Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Gary A. Poborsky
Title: Chief Procurement Officer Title: President

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________

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Bid Number: RFP 101221 Vendor Name: GapVax Inc

Regular Redlands meeting of 09-06-22
428 of 473
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Bid Number: RFP 101221 Vendor Name: GapVax Inc

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7KH%LGGHUDFNQRZOHGJHVDQGDJUHHVWKDWWKHDGGHQGXPDGGHQGDEHORZIRUPSDUWRIWKH%LG'RFXPHQW Bid Number: RFP 101221 Vendor Name: GapVax Inc

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Bid Number: RFP 101221 Vendor Name: GapVax Inc

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SOURCEWELL CONTRACT NO. 101221-GPV

PREPARED BY
Plumber's Depot

PREPARED FOR
QUOTE
Aaron Jenkins
City of Redlands
UPDATED:
2/18/2022

QUOTE ID
2120-9030-1
QUOTE
Plumbers Depot Inc. offers complete service, technical support and repairs in our Hawthorne, California facility. Our service and repair department is capable of testing, repairing or completely rebuilding most sewer cleaning units such as GapVax®, Vactor®, Vac-con® and Super Products®. Our mission is to provide the highest quality tools and equipment for our customers at a fair price. We stand behind our products after the sale and ensure outstanding customer service comes with our products.

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QUOTE ID: 2120-9030-1

ALPHA OPTION DESCRIPTION NOTES QTY
CHA001 FREIGHTLINER 114SD (4 X 2) - 320 HP CNG - 50,000 LB GVWR - AUTO MODEL YEAR 2023 1 WHITE CAB COLOR 1
CURRENT EPA EMISSIONS (48 STATES, EXCLUDES CALIFORNIA AND NEW JERSEY) 1 STOCK CHASSIS ARE SUBJECT TO PRIOR SALE, LIMITED QUANTITY ARE AVAILABLE 1 STD 10 USABLE YARD DEBRIS TANK MADE OF 3/16'' ASTM A-572 GRADE 50 EXTEN STEEL STANDARD

STD FULL-OPENING REAR TAILGATE STANDARD

STD STAINLESS STEEL TAILGATE SEALING ROD STANDARD

STD FOUR HYDRAULIC REAR DOOR LOCKS STANDARD

STD DUAL TAILGATE LIFT CYLINDERS STANDARD
STD FRONT MOUNTED HOIST CYLINDER, POWER UP AND DOWN, 55,000 LB CAPACITY STANDARD

STD THREE TIE-OFF ANCHORS ON TOP OF BODY STANDARD

STD FIVE YEAR WARRANTY ON DEBRIS TANK AGAINST RUST THROUGH, DISTORTION AND

CRACKS STANDARD
STD THREE TIE-OFF ANCHORS ON TOP OF THE BODY 6' APART STANDARD A1 DEBRIS BODY FLUSH OUT SYSTEM 1
A2A DRAIN AT BOTTOM OF TAILGATE - 6" BRASS LEVER VALVE WITH 15' OF LAYFLAT HOSE VALVE IS NOT 100% LEAK PROOF 1 A3-CS FLOAT TYPE LIQUID LEVEL INDICATOR ON SIDE OF DEBRIS TANK 1 A11A FILTER SCREEN FOR DRAIN VALVE (SHORT BOX) REQUIRES A2 1 A17 UPGRADE TO STAINLESS STEEL DEBRIS TANK 1
A21X MOUNTING TABS FOR CURBSIDE LADDER STANDARD
A18 PURGE VALVE AT GRAVITY DRAIN (1-1/4" BALL VALVE) 1
A44 PNEUMATIC TAILGATE PROP 1
STD 1500 GALLON WATER TANK MADE OF 3/16'' 304 STAINLESS STEEL STANDARD STD 4" HIGH ANTI-SIPHON RING WITH (4) 2-1/2" HOLES STANDARD

STD WATER TANK LEVEL SIGHT TUBE ON CURBSIDE STANDARD

STD DRAIN VALVE AT BOTTOM OF WATER TANK STANDARD
STD 3" FILL LINE WITH 2-1/2" FIRE HOSE CONNECTION CURBSIDE STANDARD STD 3" WATER STRAINER WITH STAINLESS STEEL SCREEN ON WATER TANK FILL LINE STANDARD STD 3" SUPPLY LINE TO WATER PUMP MOUNTED AT REAR HINGE PIN STANDARD

STD FIVE YEAR WARRANTY ON WATER TANK AGAINST RUST THROUGH, DISTORTION AND

CRACKS STANDARD
B10 ADDITIONAL 3" FILTER BETWEEN WATER TANK AND PUMP (3" Y-STRAINER) 1 B30 UPGRADE TO BUTTERFLY VALVE IN 3" SUPPLY LINE STANDARD STD TRUE 8" DIAMETER VACUUM SYSTEM STANDARD
2023 MC1510-3S3S COMBINATION JET/VAC
August 1, 2022
NOTE: THE GAPVAX MC UNIT MAY EXCEED FEDERAL BRIDGE ALLOWABLE WEIGHTS WHEN LOADED WITH WATER, OR DEBRIS, AND/OR BOTH WATER AND DEBRIS COMBINED. PLEASE CONSULT FACTORY.

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STD VACUUM PUMP DRIVEN VIA MID-SHIP MOUNTED SPLIT SHAFT TRANSFER CASE

GEARBOX (PTO) STANDARD

STD NOISE & VIBRATION DAMPENING MOUNTS ON VACUUM PUMP AND TRANSFER CASE STANDARD

STD NOISE ATTENUATED VACUUM PUMP DISCHARGE SILENCER WITH RAIN CAP AND DRAIN STANDARD STD 24" CENTRIFUGAL CYCLONE SEPARATOR WITH 20" CHAMBER STANDARD

STD DUAL STAINLESS STEEL SHUTOFF FLOAT BALLS MOUNTED AT THE REAR OF DEBRIS

TANK STANDARD

STD STAINLESS STEEL VEE-WIRE SAFETY SCREEN STANDARD
STD 6" SAFETY VACUUM RELIEF STANDARD

STD PANIC SWITCH FUNCTION FOR VACUUM STANDARD
C7 UPGRADE TO ROOTS TYPE VACUUM PUMP 4,500 CFM AND 16" HG (4) 16" Hg VACUUM RELIEF VALVES 1

STD TRI-PLEX WATER PUMP SYSTEM STANDARD
STD 800 PSI WASHDOWN CIRCUIT WITH 50' X 1/2" HOSE STANDARD

STD AIR PURGE SYSTEM FOR PRIMARY CIRCUIT STANDARD

STD LOW POINT DRAIN VALVES ON WATER LINES STANDARD
D3A GIANT GP8000 SERIES WATER PUMP RATED 80 GPM @ 2,500 PSI 1 D7A 50' X 1/2" HAND GUN REEL FOR WASHDOWN CIRCUIT 1
STD 8" FRONT MOUNTED TELESCOPING BOOM WITH 26' REACH AND 180 DEG. ROTATION STANDARD STD 180 DEGREE POWER ROTATION VIA WORM DRIVE STANDARD
STD DUAL 4" LIFT CYLINDERS STANDARD

STD CAB PROTECTION RACK STANDARD
E6 REMOTE LUBE FOR BOOM LIFT AND ROTATION 1
STD FRONT FRAME MOUNTED HOSE REEL WITH 180 DEGREE ARTICULATION STANDARD STD HOSE REEL RATED FOR 800' OF HOSE AND 3,000 PSI STANDARD

STD EXTERIOR HOSE EXPANSION RIBS STANDARD
F1C DIGITAL FOOTAGE COUNTER - SHAFT-MOUNTED 1
F6 UPGRADE FRONT HOSE REEL TO POWER ARTICULATE VIA HYDRAULICS 1 F11 AUTOMATIC HOSE LEVEL WINDER (INCLUDES "J-HOOK" STLYE HOSE GUIDE) 1

STD CAB-MOUNTED AIR SHIFT CONTROLS FOR BLOWER, HYDRAULICS, AND WATER PUMP STANDARD

STD CONTROL PANEL MOUNTED AT FRONT HOSE REEL STANDARD

STD OPERATOR CONTROL PANEL INCLUDES GUAGES FOR ENGINE, HYDRAULICS, VACUUM,

AND WATER PUMP STANDARD

STD PANIC SWITCH TO RELIEVE WATER PRESSURE AND VACUUM STANDARD STD 30' PENDANT REMOTE WITH BOOM FUNCTIONS STANDARD
G2C G2C CONTROL SYSTEM WITH DP700 DISPLAY INCLUDES: 1
LOW WATER SHUTDOWN PROTECTION 1
HIGH WATER TEMPERATURE SHUTDOWN PROTECTION 1
ENGINE OVERSPEED PROTECTION 1
ON-SCREEN DIAGNOSTICS FOR WATER, PTO AND ENGINE LEVELS 1 TEMPERATURE AND PRESSURE LEVELS FOR VACUUM, WATER, HYDRAULICS 1 PROVISION FOR INCLUDING DIGITAL FOOTAGE COUNTER ON SCREEN F1C NOT INCLUDED 1 G4 HIGH DEBRIS LEVEL LIGHT & ALARM REQUIRES A3 1
OMNEX T110 WIRELESS REMOTE STANDARD
G21A WIRELESS REMOTE WITH BOOM, VACUUM AND FRONT HOSE REEL ON/OFF 1 Regular Redlands meeting of 09-06-22
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STD TRUCK-LITE LED RUNNING (MARKER) LIGHTS STANDARD

STD LED STOP/TAIL/TURN LIGHT WITH POLISHED STAINLESS STEEL BOXES STANDARD H5B (2) BOOM WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429) 1 H6B (2) REAR WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429) 1 H7BA (2) SIDE WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429) (1 PER SIDE) 1 H19D CODE 3 REAR SUPER LED FLASHERS - 6 LIGHT HEADS 1
3 ON EACH SIDE REAR (1 @ 45 DEGREES) 1
H33 REAR ARROW LIGHT - LOW PROFILE LED (CA TITLE-13 COMPLIANT) TRAFFIC ADVISOR (LHT022544, CODE 3 TORUS NARROWSTIK OR EQUAL) 1
STD 25' FIRE HOSE BASKET STANDARD
STD TWO (2) GALVANIZED STEEL TUBE TRAYS STANDARD
I6E-CS ALUMINUM, 36" WIDE X 24" TALL X 24" DEEP, MOUNTED ON THE CURBSIDE 1 I8B-DS 30" TOOL BOX - ALUMINUM, 30" WIDE X 24" TALL X 24" DEEP, MOUNTED ON THE DRIVER'S SIDE 1
I16A WHEEL CHOCK HOLDER (PER SIDE) - DRIVER'S SIDE 1
I20A REAR DRAIN HOSE RACK FOR 6" LAYFLAT HOSE X 15' LONG 1 I26B TWO BUMPER TOOL BOXES - ALUMINUM, 16" HIGH X 12" WIDE X 18" DEEP WITH FOLD DOWN DOOR 1

STD DOT LIGHTING / FENDERS / MUD FLAPS / TAILGATE SAFETY PROP, ICC LIGHTS STANDARD

STD REMOTE ACTUATED BODY SAFETY PROP STANDARD
STD 70 GALLONS AW-46 HYDRAULIC OIL, LEVEL/TEMPERATURE GAUGE, SHUTOFF ON

SUCTION STANDARD

STD REAR BUMPER, TRIANGLE KIT, FIRE EXTINGUISHER, BACKUP ALARM STANDARD STD ALLISON 10-BOLT PTO UPGRADE STANDARD
J-CNG CNG POWERED CHASSIS UPFIT 1
J0B FRONT BUMPER - CALIFORNA FRONT BUMPER 1
J4B TOW HOOKS REAR - FRAME MOUNTED 1
J4A TOW HOOKS REAR - HEAVY DUTY WELDED REQUIRES J16 1

STD PAINTED WITH PPG URETHANE PAINT STANDARD

STD PAINT BODY WHITE STANDARD

STD PAINT FRAME AND PARTS BLACK STANDARD

STD PAINT HOSE REEL AND BOOM BLACK STANDARD

STD FLEET FINISH STANDARD
STD 25 FEET OF VACUUM TUBING (5) AND CLAMPS STANDARD

STD TIGER TAIL HOSE GUIDE STANDARD

STD TWO BLUE STAR SEWER CLEANING NOZZLES STANDARD
M3 FILL HOSE 25' X 2 1/2" 1
M5C LEADER HOSE 25' X 1" 1
M8H 1" PIRHANA SEWER HOSE - 3,000 PSI X 600 FT PLASTIC (BLUE) (PN: HOS022496) 1 M29B TWO CAMERA - BACK-UP CAMERA SYSTEM WITH 7" COLOR MONITOR (RV-505A), INCLUDES DVR-916 REAR AND DVR-921 FRONT CAMERA 1
** Stainless Steel Surcharge 1
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PRICE OF BASE UNIT WITH OPTIONS: 605,302.90$
SOURCWELL DISCOUNT: 7,780.06$
DELIVERY: ($1,000.00 MINIMUM) @ $3.00 PER MILE 8,000.00$ ESTIMATED SUBTOTAL: 605,522.84$
SALES TAX: 52,283.25$
TOTAL PRICE (PER UNIT): 657,806.09$

SIGNATURE DATE
QUOTE ID LAST UPDATED:
2120-9030-1 2/18/2022
*** FOB DESTINATION ***
DUE TO EXTREME MARKET VOLATILITY AND PENDING U.S. GOVERNMENT SECTION 232 TRADE CASES ALL PRICES AND AVAILABILITY ARE

SUBJECT TO CHANGE WITHOUT NOTICE, ALL QUOTES TO BE CONFIRMED AT TIME OF ORDER Please return a signed copy to [email protected]

PRICING SUMMARY
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Truck Engine Model Year Emission Requirements
Compliance Schedule (GVWR 26,001 lbs. or more)
2006 and older Not allowed
2007-2009 Compliant through 2022
2010 and newer Fully compliant

Multi-Regulation Summary (MRS)
Requirements for Diesel Truck and Equipment Owners

All owners of diesel trucks, buses, trailers and transport refrigeration units, or “reefers,” that operate in California, are required to take steps to reduce air pollution. Reducing emissions from existing equipment is necessary to meet federally imposed clean air standards and to reduce the adverse health effects from pollution. Funding opportunities may also be available to lower emissions earlier than required. This document summarizes requirements and key dates for upgrading existing equipment:

1. LEGACY PROGRAMS

A) Idling Limits - restrict diesel vehicles from idling more than five minutes, and idling in school zones is not
allowed with limited exceptions.

See: www.arb.ca.gov/noidle

B) The Heavy-Duty Vehicle Inspection Program uses
random roadside inspections to verify that diesel engines do not smoke excessively and are tamper free.

See: www.arb.ca.gov/enf/hdvip/hdvip.htm

C) E mission Control Labels must be affixed to engines of all commercial heavy-duty diesel vehicles, and must be
legible as proof the engine, at minimum, meets U.S.
federal emissions standards for the engine model year.

D) The Periodic Smoke Inspection Program requires owners of California based fleets of two or more diesel vehicles to perform annual smoke opacity tests and to keep records for at least two years for each vehicle. The requirement does not apply to cars or trucks that must undergo a Smog Check.

2. TRUCKS AND BUSES (Private & Federal Fleets)

Diesel trucks and buses with a GVWR that is 14,001+ lbs. must reduce exhaust emissions by meeting particulate matter (PM) filter requirements and upgrading to 2010 model year (MY) or newer engines.

HEAVIER VEHICLES with a GVWR of 26,001+ lbs.
need upgrades as shown in the table. No reporting is
required if using the heavier vehicle schedule.

Schedule for Heavier Trucks and Buses

LIGHTER VEHICLES with a GVWR between 14,001 and 26,000
lbs. need to be upgraded to 2010 or newer MY engines. Check the table to determine
your schedule. No
retrofit PM filter or
reporting is required
for lighter vehicles.

* 50% PM reduction can be used if 85% reduction is not available.

On April 24-25, 2014, the California Air Resources Board held a meeting to consider the proposed amendments to the Truck and Bus Regulation. ARB has approved these changes to assist fleets with the transition to cleaner vehicles while preserving overall emission reductions and health benefits of the Regulation. There are new options that may allow additional compliance flexibility for your vehicles.

For more information, please see the approved amendments page at: www.arb.ca.gov/msprog/truckstop/tb/approved.htm.

3. DRAYAGE TRUCKS

Diesel-fueled trucks transporting cargo destined to or
coming from California’s ports and intermodal rail yards (including bobtails and transporting chassis) must be
registered in the statewide Drayage Truck Registry prior to entry. Drayage fleets must comply with requirements by
operating only vehicles with 2007 MY engines or newer.

(Revised 11/13/14)

By January 1, 2023, all class 7 and 8 diesel-fueled drayage trucks must have 2010 and newer engines. Trucks with 2010 and newer engines are fully compliant with both the Truck and Bus and Drayage regulations. The exchange of marine or rail cargo (e.g. containers) between compliant and non-compliant drayage trucks is not allowed anywhere in California.

Drayage Truck Regulation
1-888-247-4821
www.arb.ca.gov/drayagetruck

Engine Year PM Filter* 2010 MY Engine
Pre-1994 Not required January 1, 2015
1994-1995 Not required January 1, 2016
1996-1999 January 1, 2012 January 1, 2020
2000-2004 January 1, 2013 January 1, 2021
2005 or newer January 1, 2014 January 1, 2022
2007-2009 If already equipped January 1, 2023
Schedule for Lighter Trucks and Buses
Engine Year 2010 MY Engine
1995 and older January 1, 2015
1996 January 1, 2016
1997 January 1, 2017
1998 January 1, 2018
1999 January 1, 2019
2003 and older January 1, 2020
2004-2006 January 1, 2021
2007-2009 January 1, 2023
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4. TRACTORS AND BOX-TYPE TRAILERS

The Tractor-Trailer Greenhouse Gas regulation applies to 53-foot or longer box-type trailers and 2013 MY or older heavy-duty tractors that pull these trailers.

Low-Rolling Resistance Tire Requirements *
Required 2010 MY and
Older
2011 MY to
2013 MY
2014 MY and newer
Tractors Required Required N/A
Trailers 1/1/2017 Required Required

Tractor Requirements
All 2011 through 2013 MY sleeper-cab tractors must be
SmartWay designated models. 2014 MY or newer tractors
are covered by a federal regulation and are exempt from this rule.

For more information, please see: www.arb.ca.gov/tractortrailer_ghg

*Must be SmartWay certified
Trailer Aerodynamic Requirements
All trailers must be either SmartWay certified or
aerodynamically retrofitted* to a minimum standard.

Fleets that previously reported trailers to use the Optional Compliance Schedules may phase-in aerodynamic
technologies over several years.

Delays and Exemptions
Certain trucks subject to the Transportation Refrigeration Unit (TRU) rule can phase-in tire and aerodynamic
requirements between 2018 to 2020. This only applies to TRUs with 2003 to 2009 MY trailers and 2003 or newer
reefer engines.

Fleets must register to take advantage of short haul, local haul or storage trailer exemptions, and to apply for
temporary use passes.

5. TRANSPORT REFRIGERATION UNITS (TRUs or Reefers)

All transport refrigeration units (TRU) and TRU generator sets that operate in California must meet the in -use performance standards (see compliance schedule table below). Every California- based TRU and TRU generator set must be registered in ARBER and be labeled with an ARB Identification Number. All terminals that are located in California where TRU are based must submit operator reports to ARB at: arber.arb.ca.gov/Welcome.arb .

TRU and TRU Generator Set Compliance Schedule
Engine Model
Year
Low-Emission TRU
(50% PM Reduction)
Ultra-Low-Emission TRU
(85% PM Reduction)
2001 or older Original – December 31, 2008 December 31, 2015 Delayed – December 31, 2009 December 31, 2015
2002 December 31, 2009 December 31, 2016
2003 December 31, 2010 December 31, 2017
2004 (<25 hp) December 31, 2011 December 31, 2018
2004 (>25 hp) Not Applicable December 31, 2011
2005 and newer Not Applicable December 31st of the
model year plus 7 years
Fleets may comply by using alternative technologies,
installing a verified PM filter or upgrading to cleaner engines.

The business entity that hires carriers (e.g. brokers,
shippers or receivers) must only use carriers that supply compliant TRUs.

Transport Refrigeration Unit Regulation
1-888-TRU-ATCM (1-888-878-2826)
www.arb.ca.gov/diesel/tru/tru.htm

6. PUBLIC FLEETS AND OTHERS

Vehicles with a GVWR of 14,001+ lbs. that are
owned by state and local government fleets,
publicly-owned school buses, private utilities,
and solid waste collection vehicles, must be
already be retrofitted with the best available ARB
verified PM filters or upgraded.

FUNDING OPPORTUNITIES

Grant funding is very limited but may be available to help fleets and individuals comply with California regulations earlier than is required. Funding is available for vehicle replacements, retrofits, or zero-emission technologies. Please contact the local air district where you are based to determine if you eligible for funding or if an opportunity may become available in the future. ARB’s loan assistance program (PLACE) helps small businesses with vehicles that operate at least 50 percent time in California. The program connects truckers to participating lenders to help purchase trucks, PM filters, aerodynamic retrofits or low-rolling resistance tires. See: http://www.arb.ca.gov/msprog/truckstop/azregs/fa_resources.htm

FOR MORE INFORMATION

Note: Each fleet may have unique requirements. This page summarizes portions of ARB’s diesel vehicle regulations and should not be substituted for the actual regulatory language or requirements.

Visit www.arb.ca.gov/truckstop
for more detailed information, or contact ARB’s diesel hotline at 866-6DIESEL (866-634-3735), or send an email to [email protected].

Vehicle or Fleet Type Website
Public and Private School Buses

www.arb.ca.gov/dieseltruck
Solid Waste Collection Vehicles

www.arb.ca.gov/msprog/swcv/swcv.htm
Public Transit Fleet Vehicles www.arb.ca.gov/msprog/bus/bus.htm State and Local Government
Vehicles and Private Utilities

www.arb.ca.gov/msprog/publicfleets/publicfleets.htm
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City Council/Successor Agency Meeting J. 6.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approval of the request for commercial vendors and the temporary closure of 5th Street for the Stronger Together Now Latina Love Fest within Ed Hales Park on October 9, 2022, and determination that the event is categorically exempt from environmental review pursuant to Section 15061 (b)(3) of the State's guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):

If the City Council determines that the request is appropriate, the following motions are provided:

I move that City Council determine that this event is categorically exempt from environmental review pursuant to Section 15061 (b)(3) of the state's guidelines implementing the California Environmental Quality Act, and approve commercial vendors and the temporary closure of 5th Street for the Stronger Together Now Latina Love Fest within Ed Hales Park on October 9, 2022.

RECOMMENDATION:

Staff recommends that the City Council direct staff accordingly related to the street closure request of 5th Street and the request for commercial vendors for the Latina Love Fest event hosted by Stronger Together Now on October 9, 2022, within Ed Hales Park.

DISCUSSION:

The Facilities and Community Services Department manages the administration and issuance of permits for special events held in public areas of the City. Upon issuing a special event permit, the event may take place contingent on the event organizer paying the required fees. The City recognizes the value of partnering with non-profit agencies and organizations to provide services beneficial to the Regular Redlands meeting of 09-06-22
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with non-profit agencies and organizations to provide services beneficial to the community.

The non-profit organization, Stronger Together Now (STN), has hosted other events in Redlands and is requesting to hold the Latina Love Fest on Sunday, October 9, 2022, at Ed Hales Park. The event will be held from 12:00 to 5:00 p.m. The non-profit organization is requesting to have 40 commercial vendors at the event and temporarily close 5th Street for the purposes of accommodating a portion of the vendors. The event is intended to bring the community together to celebrate Latinas and their contributions to the City with awareness on women and domestic abuse. STN indicates that the event will include activities, artwork, live music, performers and guest speakers.

STN is requesting a temporary street closure of 5th street from Redlands Boulevard to E. State Street between the hours of 9:00 a.m. to 9:00 p.m for the set-up and dismantling of the event. In addition, they are requesting to have commercial vendors with various sales of shirts, merchandise, artwork and food.

City Council approval is required for the event because the Municipal Code prohibits commercial activity within city parks and also does not permit special events to take place within a city street. Council has approved commercial activity within parks for non-profit events in the past. Therefore, the City Council's approval is needed for this aspect of the request.

Should the City Council elect to approve the event, the following conditions of approval will apply:

The event will be contained within the park perimeter and along N. 5th Street;
All commercial vendors shall have a current City of Redlands business license to participate in the event; and
The event shall comply with all County of San Bernardino Health Permit regulations;
ALTERNATIVES:

The City Council may elect to deny the event.

STRATEGIC PLAN:

Priority A- Quality of Life, Strategic Objective 1. Beautification, Arts, and Culture.

Enhance community events to better reflect Redlands' diversity and demographics.

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SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Janice McConnell, Assistant City Manager
PREPARED BY:

Larry Alms, Administrative Assistant II
Fiscal Impact
Fiscal Year: FY 2022-23
Discussion:

If the event is approved, the applicant will pay the park reservation fee and any other applicable fees associated with the event.

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City Council/Successor Agency Meeting J. 7.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the agreement with Larry Jacinto Farming, Inc., for the care, maintenance and harvest of city owned citrus groves for an amount not-to-exceed $1,017,900 for a period of three years (Assistant City Manager Boatman)
MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:

I move to approve an agreement with Larry Jacinto Farming, Inc., for the care, maintenance and harvest of city owned citrus groves in an amount not-to-exceed $1,017,900 for a period of three years.

RECOMMENDATION:

Staff recommends that the City Council approve an agreement with Larry Jacinto Farming, Inc., for the care, maintenance and harvest of city owned citrus groves in an amount not-to-exceed $1,017,900 for period of three years.

DISCUSSION:

The City of Redlands has twenty-one (21) citrus groves throughout the City, totaling approximately 184 acres. The varieties of citrus include Valencia oranges, Navel oranges, Rio grapefruit, and Ruby Star grapefruit. The City's citrus groves require ongoing care, maintenance, and harvest to sustain its economic viability and health. The City maintains these groves by way of internal staff supplemented by specialized contractual services. The scope of services included in the attached agreement include but are not limited to rodent control, brown rot and frost control, hedging and topping, brush chopping, trip spray, ACP Treatment, and PCA reporting.

Staff advertised a Request for Bid (RFB) for citrus farming services in Regular Redlands meeting of 09-06-22
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Staff advertised a Request for Bid (RFB) for citrus farming services in accordance with the City's procurement protocol. On May 11, 2022, the City Clerk's office received and opened one bid. Staff evaluated the bid for conformance with the City's purchasing ordinance, and verified the total price as shown in the table below. Larry Jacinto Farming, Inc. met all the bidding requirements and was deemed the apparent lowest responsible bidder.

BIDDER BID AMOUNT
Larry Jacinto Farming $339,300.00 per year
The proposed agreement amount reflects a decrease in cost for contractual services in comparison to previous agreements due to several factors, including the addition of two (2) full-time city staff grove workers, a reduction in scope of services and working with a qualified consultant to advise city staff on farming methods, such as water conservation, best practices, and treatment for the Asian citrus psyllid. Staff will continue to work closely with the Citrus Preservation Commission, consultant and farming contractor to monitor farming trends and expenses, and will report to City Council if budget concerns are noted. Furthermore, staff is recommending that the City Council approve an agreement with Larry Jacinto Farming, Inc., for the maintenance of city owned citrus groves in an amount not-to-exceed $1,017,900 for a period of three years.

ALTERNATIVES:

The City Council may elect not to award the agreement with Larry Jacinto Farming, Inc., and provide alternative direction to staff.

STRATEGIC PLAN:

Priority A - Quality of Life
SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Kathleen Giorgianni, Senior Administrative Assistant
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Fiscal Impact
Fiscal Year: FY 2022-23
Revenue Generating: Yes
Appropriation Required Y/N: No
Amount: $339,300
Budgeted Y/N: Yes
Account No.: 538900
Discussion:

Sufficient funding for this service is included in the Citrus Division (538900) budget for Fiscal Year 2022-23 as approved by City Council. Costs associated with any future renewal terms of the agreement will be included in subsequent budget requests prepared by the Department.

Attachments
Clerk's Bid Report
Agreement
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1 L:\ca\Agreements\Larry Jacinto Agreement.NPS-2.2.FY22-0011.docx.jn

AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS

This agreement for the provision of citrus grove care, maintenance and harvest (“Agreement”) is made and entered in this 6th day of September, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Larry Jacinto Farming, Inc., a California corporation (“Contractor”). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Contractor agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to perform citrus grove care, maintenance, and harvest services for City (the “Services”). The Services that Contractor shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.

ARTICLE 2 – RESPONSIBILITIES OF CONTRACTOR

2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.

2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection.

2.5 Contractor acknowledges that eight (8) hours constitutes a legal day’s work pursuant to Regular Redlands meeting of 09-06-22
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2 L:\ca\Agreements\Larry Jacinto Agreement.NPS-2.2.FY22-0011.docx.jn Labor Code section 1810.

2.6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.

2.7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright A ct (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, goods or materials pursuant to this Agreement.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.

3.2 City designates Chris Boatman, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 The Services shall commence as of the Effective Date of this Agreement. Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” which is attached hereto and incorporated herein by this reference. The term of this Agreement shall be for a period of three (3) year from the Effective Date of this Agreement (the “Initial Term”).

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 Total compensation for Contractor’s performance of the Services shall not exceed the amount of one million seventeen thousand nine hundred dollars ($1,017,900). City shall pay Contractor on a time and materials basis up to the not to exceed amount in accordance with Exhibit “C,” titled “ Price and Fee Bid,” which is attached hereto and incorporated herein by reference. In the event of significant market price increases of necessary materials or fuel, Contractor may request city approve a cost modification based off documented evidence of these costs increases.

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3 L:\ca\Agreements\Larry Jacinto Agreement.NPS-2.2.FY22-0011.docx.jn City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.

5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such not ice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the da te sent by facsimile or electronic mail transmission (including PDF) , if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:

CITY CONTRACTOR
City Clerk Larry Jacinto, President
City of Redlands Larry Jacinto Farming, Inc.
35 Cajon Street PO Box 275
P.O. Box 3005 (mailing) Mentone, CA 92359
Redlands, CA 92373 [email protected]
[email protected] 909-794-2276
(909) 798-7531 909-389-9541

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “ D,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property Regular Redlands meeting of 09-06-22
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4 L:\ca\Agreements\Larry Jacinto Agreement.NPS-2.2.FY22-0011.docx.jn damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor’s provision of the Services, hired and non-owned vehicles, and employee non- ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non- contributing to any insurance or self - insurance maintained by City.

ARTICLE 7 – CONFLICTS OF INTEREST

7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor:

A. Does not make a governmental decision whether to:

7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, State ment of Economic Interests , with the City Clerk ’s office pursuant to the written instructions provided by the City Clerk.

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5 L:\ca\Agreements\Larry Jacinto Agreement.NPS-2.2.FY22-0011.docx.jn ARTICLE 8 – GENERAL CONSIDERATIONS

8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than twenty (20) days prior written notice to Contractor of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor’s compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and e lectronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.

8.5 Contractor shall maintain books, ledgers, invoices , accounts and other records and documents evidencing costs and expenses related to the Services for a peri od of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant t o this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.

6 L:\ca\Agreements\Larry Jacinto Agreement.NPS-2.2.FY22-0011.docx.jn amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor.

8.7 This Agreement shall be governed by and construed in accordance with the l aws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS LARRY JACINTO FARMING, INC.

By: ___________________________ By: _________________________ Paul T. Barich, Mayor Larry Jacinto, President

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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7 L:\ca\Agreements\Larry Jacinto Agreement.NPS-2.2.FY22-0011.docx.jn EXHIBIT "A"

SCOPE OF SERVICES

Provide on an as needed basis for the groves listed below:

 Pre-Emergent Application
 Commercial Fertilizer
 Hand Rig
 Chemigation Labor
 Rodent Control
 Brown Rot/Frost Control
 Hedging & Topping
 Brush Chopping
 Thrip Spray
 ACP Treatment
 PCA Reporting

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8 L:\ca\Agreements\Larry Jacinto Agreement.NPS-2.2.FY22-0011.docx.jn EXHIBIT "B"

LABOR AND MATERIAL BOND

Whereas, the City of Redlands, State of California, and Larry Jacinto Farming, Inc. (hereinafter designated as “Principal”) have entered
into an agreement (the “Agreement”) whereby Principal agrees to Description of Improvement Services to Public Buildings and/or grounds (the “Work”), which said agreement, dated , 20XX , and titled as “Agreement to Perform Non-Professional Services for Improvement to Public Builds and Grounds” is hereby referred to and made a part hereof; and

Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Written dollar amount Dollars ($ ) for materials furn ished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 20__.

(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)

Address:
_______________________________________
________________________________________

(Seal and Notarial Acknowledgment of
Surety)
Telephone( ) ___________________________

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9 L:\ca\Agreements\Larry Jacinto Agreement.NPS-2.2.FY22-0011.docx.jn EXHIBIT “C”

PRICE AND FEE BID

Prices include all labor and materials

Item
No. Brief Description *A
Quantity
*B
Hourly and
Acre Rate
*C
Total Price in
Figures
A1 Rodent Control 500 Hours $ 48.00 $ 24,000.00
A2 Commercial Fertilizer 200 Acres $ 98.00 $ 19,600.00 A3 Brown Rot/Frost Control 200 Acres $315.00 $ 63,000.00 A4 Thrip Spray 200 Acres $335.00 $ 67,000.00
A5 Hand Rig 40 Hours $120.00 $ 4,800.00
A6 ACP Treatment 200 Acres $329.00 $ 65,800.00
A7 Chemigation Labor 150 Hours $110.00 $ 16,500.00
A8 Pre-emergent application 200 Acres $273.00 $ 54,600.00 A9 PCA Reporting 200 Acres $120.00 $ 24,000.00
*"A" x "B" = "C"
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10 L:\ca\Agreements\Larry Jacinto Agreement.NPS-2.2.FY22-0011.docx.jn EXHIBIT “D”

WORKERS’ COMPENSATION INSURANCE CERTIFICATION

Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:

(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subjec t to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

LARRY JACINTO FARMING, INC.

By: Date: _______ __________
Larry Jacinto, President

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City Council/Successor Agency Meeting M. 3.

DATE: 09/06/2022
TO: The Successor Agency Board of Directors
SUBJECT: Approve minutes of the regular meeting of July 5, 2022 (Secretary Donaldson)
MOTION:

I move to approve the minutes of the regular meeting of July 5, 2022.

Attachments
Minutes of the July 5, 2022 regular meeting.

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MINUTES

Regular meetings of the City Council and the Board of Directors of the Successor Agency of the former Redevelopment Agency of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on July 5, 2022 at 5:00 P.M.

Present: Paul Barich, Mayor
Eddie Tejeda, Mayor Pro Tempore
Denise Davis, Council Member
Jenna Guzman-Lowery, Council Member
Mick Gallagher, Council Member
Staff: Charles M. Duggan, Jr., City Manager; Yvette M. Abich Garcia, City Attorney; Robert Dawes, City Treasurer; Jeanne Donaldson, City Clerk; Janice McConnell, Assistant City Manager; Carl Baker, Public Information Officer; Chris Catren, Police Chief; Danielle Garcia, Management Services/Finance Director; Brian Desatnik, Development Services Director; John Harris, Municipal Utilities and Engineering Director; Tabitha Kevari, Assistant Director Facilities & Community Services; Reggie Brown, Fire Battalion Chief

Mayor Barich called the meeting to order and explained that comments could be presented in-person, via Zoom, via cell phone or landline. He offered the public an opportunity to provide comment on any item on the agenda for the closed session.

PUBLIC COMMENT

None forthcoming

CLOSED SESSION

Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney Garcia)
Three Cases:

Benveniste v. City of Redlands, San Bernardino Superior Court, Case No. CIVDS 2012175a.

Rodriguez v. City of Redlands, San Bernardino Superior Court, Case No. CIVDS 1935452b.

Barajas v. City of Redlands, San Bernardino Superior Court, Case No. CIVDS1719737c.

Conference with labor negotiator - Government Code §54957.6 CC_SA_July 5, 2022

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Redlands City CouncilSeptember 6, 2022

Redlands City Council
September 6, 2022