Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.
46. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the Budget and the implementation plan included therein are part of the Agreement.
47. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.
Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.
48. Waiver of Rights: The State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by State Library. No delay or omission on the part of State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by State Library of a provision of this Agreement shall not prejudice or constitute a waiver of State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between the State Library and Grantee, shall constitute a waiver of any of State Library’s rights or of any of Grantee’s obligations as to any future transactions. Whenever the consent of State Library is required under this Agreement, the granting of such consent by State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of the State Library.
49. Work Products: Grantee shall provide the State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.
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50. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them.
The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.
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EXHIBIT B: ADDITIONAL TERMS AND CONDITIONS
1. California Building Codes: Activities funded under this Agreement, regardless of funding source, must be in compliance with all applicable California Building Codes (Cal Code Regs., Title 24).
2. California Environmental Quality Act: Activities funded under this Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et seq.).
Information on CEQA may be found in the California State Clearinghouse Handbook.
3. Changes in a project: Any proposed change in the project requested by the Grantee, which would change the information provided during the application process, requires approval from the State Librarian prior to execution. The State Librarian shall have the sole authority to determine if a proposed change by the Grantee is approved or not approved. The State Librarian's decision is final and binding.
4. Compliance with Laws; Consents and Approvals: Grantee will comply with all applicable laws, ordinances, rules and regulations of federal, state and local governments and agencies having jurisdiction over either the Grantee, the Property, or the project, and with all applicable directions, rules and regulations of the Fire Marshal, health officer, building inspector and other officers of any such government or agency. All permits, consents, permissions and licenses required by any federal, state or local government or agency to which Recipient, the Property, or the Infrastructure Project is subject, which may be necessary in relation to this Agreement, development, construction or ownership of the Infrastructure Project, at or prior to the commencement of construction, have been, or will be, obtained, and none of such consents, permissions and licenses are subject to appeal or to conditions which have not been met.
5. Contractors and Subcontractor: For the performance of all construction work on the Project, Grantee agrees to use a licensed general contractor or contractors (“Contractor”), in good standing, in order to complete the work described in the grant application. The Grantee hereby certifies that the Contractor is in good standing with the California State Contractors' License Board. The Grantee shall only DRAFT
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contract with contractors who are licensed and shall ensure that the Contractor and any successor thereto shall only contract with subcontractors, that are also so licensed.
6. Contractor Insurance/Bond: Grantees shall be responsible for ensuring that any contractors/subcontractors hired for grant-funded work have all relevant bonds and insurance in place in compliance with prevailing wage and other applicable state and federal laws, the Department of Industrial Relations, and the Department of Consumer Affairs Contractors State License Board requirements.
Insurance:
a. Casualty Insurance
i. The Contractor shall procure and maintain insurance on all of its operations with companies acceptable to the State as follows:
1) The Contractor shall keep all insurance in full force and effect from the beginning of the work through contract acceptance.
2) The Contractor shall maintain completed operations coverage with a carrier acceptable to the State through the expiration of the patent deficiency in construction statute of repose set forth in Code of Civil Procedure Section 337.1.
b. Workers’ Compensation and Employer’s Liability Insurance i. In accordance with Labor Code Section 1860, the Contractor shall secure the payment of worker's compensation in accordance with Labor Code Section 3700.
ii. In accordance with Labor Code Section 1861, the Contractor shall submit to the Grantee the following certification before performing the work:
1) I am aware of the provisions of Section 3700 of the Labor Code which require 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 of this contract. iii. Contract execution constitutes certification submittal. iv. The Contractor shall provide Employer's Liability Insurance in amounts not less than:
1) $1,000,000 for each accident for bodily injury by accident 2) $1,000,000 policy limit for bodily injury by disease 3) $1,000,000 for each employee for bodily injury by disease v. If there is an exposure of injury to the Contractor's employees under the U.S.
Longshoremen's and Harbor Workers' Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime employees, coverage shall be included for such injuries or claims.
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c. General Liability Insurance
i. The C ontractor shall carry General Liability and Umbrella or Excess Liability Insurance covering all operations by or on behalf of the Contractor providing insurance for bodily injury liability and property damage liability for the following limits and including coverage for:
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
ii. The Contractor shall not require certified Small Business subcontractors to carry Liability Insurance that exceeds the limits in Section (d)(i), "Liability Limits/Additional Insureds," of these specifications. The maximum required Liability Insurance limits in Section (d)(i), "Liability Limits/Additional Insureds," of these specifications shall apply to certified Small Business subcontractors for work performed on the project, regardless of tier. The provisions of Section (d)(i), "Liability Limits/Additional Insureds," shall be included in all subcontracts for all tiers.
Public works construction projects, as defined in Labor Code Section 1720 et seq, must meet prevailing wage requirements. California law requires that workers are not paid less than the general prevailing rate of per diem wages on public works projects.
d. LIABILITY LIMITS/ADDITIONAL INSUREDS
i. The limits of liability shall be at least the amounts shown in the following table:
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Construction
Contract
Amount 4
For Each
Occurrence1
Aggregate for
Products/
Completed
Operation
General
Aggregate2
Umbrella or
Excess
Liability3
≤$1,000,000 $1,000,000 $2,000,000 $2,000,000 $5,000,000 >$1,000,000
≤$15,000,000
$1,000,000
$2,000,000
$2,000;000
$10,000,000
>$15,000,000
≤$25,000,000
$2,000,000
$2,000,000
$4,000,000
$15,000,000
>$25,000,000 $2,000,000 $2,000,000 $4,000,000 $25,000,000
1. Combined single limit for bodily injury and property damage.
2. This limit shall apply separately to the Contractor's work under this contract.
3. The umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. "Construction Contract Amount" is the total amount of the construction contract all or a portion of which is funded with Building Forward Grant funds.
7. Delay: Grantee shall promptly notify the State Library in writing of any event causing delay or interruption of the project beyond the scheduled implementation plan timeline. The notice shall specify the work delayed and the cause and period of each delay.
8. Documentation: Grantees shall provide to the State Library photographic documentation of the project site prior to the start of the project, during the project, and upon completion of the project.
9. Grantee’s Responsibility: Grantee and its representatives shall:
a. Faithfully and expeditiously perform or cause to be performed all project work as described in the application, timeline/activities, and budget submitted by the Grantee.
b. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in relation to the grant funds.
c. Comply with all applicable California laws and regulations. d. Implement the project in accordance with applicable provisions of the law. e. Fulfill their obligations under the Agreement and be responsible for the performance and completion of the project.
f. Follow all applicable local, state and/or federal laws pertaining to the expenditure of funds.
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g. Retain any bid, contracts, and any other pertinent documentation. Likewise, all local, state, and federal permits required for construction projects must be acquired by the grantee and retained for a period of five (5) years after the end of the grant period.
10. Inspection of the Project: The State Library shall have the right to inspect the project during the grant term. Grantee shall deliver to the State Library any inspection reports prepared, to the extent available to the Grantee. Inspection of the project shall be for the sole purpose of protecting the State of California’s interest and is not to be construed as a representation by the State Library that there has been compliance with plans or that the project will be free of faulty materials or workmanship. The Grantee can make or cause to be made such other independent inspections as the Grantee may desire for its own protection.
11. Interest: Any interest earned on grant funds held by the Grantee shall be contributed to the A. K. SMILEY PUBLIC LIBRARY - A.K. Smiley Public Library Project.
Interest funds cannot be used as local matching funds.
12. Maintenance and Operation: The Grantee is responsible for ensuring that grant projects funded by the State of California are maintained and operated in the same condition as when the project was completed; normal wear and tear is accepted.
Maintenance and operations standards should be adopted upon completion of the project.
13. Matching Funds: Per the Budget Act of 2021 (Chapter 69, Statutes of 2021, Item 6120-161-0001 1d) Grantees shall be required to match state funds on a dollar-for- dollar basis. The State Library may reduce the amount of required matching funds if the requesting local library jurisdiction can demonstrate that it is eligible and financially unable to provide the required matching funds. Upon receipt and assessment of a reduction request, the State Library may lower the match requirement, as follows:
a. For each library with local operating include per capita (LIPC) of more than $40, no reduction in local match is allowed
b. For reach library with an LIPC between $40 and $15.01, the local match may be reduced by half.
c. For each library with an LIPC of $15 of less, the local match may be eliminated.
14. Permits, Licenses, Approvals, and Legal Obligations: Grantee shall be responsible for obtaining any and all permits, licenses, and approvals required for performing any work under this Grant Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project(s). Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental, procurement, and safety laws, rules, regulations, DRAFT
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and ordinances. Grantee shall be prepared to provide copies of permits and approvals to the State Library should the State Library request copies.
15. Relationship of Parties: If applicable, Grantee is solely responsible for design, construction, and operation and maintenance of projects within the project application and implementation plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Grant Agreement.
16. Use of Funds: Grantee agrees that the grant funds shall be expended only in accordance with the applicable statutes and Grant Guidelines governing the Program, and only for the purposes and activities set forth in this Agreement and the Grantee’s approved outputs, budget, and implementation plan completed as part of the award packet documentation. The grant funds shall be used exclusively for the payment of, or reimbursement for, approved costs as shown in the project budget completed as part of the award packet documentation or the amended budget as approved in writing by the State Library. Such payment of costs to be made only after the costs have been incurred by the Grantee. “Approved Costs” shall mean all hard and soft eligible costs under the project (and modifications thereto), which were approved, or will be approved by the State Library, which are needed for the completion of the project, in accordance with application.
17. Use of site: The facility, or the part thereof, acquired, constructed, or remodeled, upgraded, or rehabilitated with funds received as part of the Building Forward grant program will be dedicated to public library service and used as a public library according to the Education Code, sections 18010 through 20092 and California Code of Regulations, Title 5, Division 2 and provide at least the following: an organized collection of printed or other library materials, or a combination thereof; paid staff; and regularly scheduled hours for being open to the public for a period of not less than 10 years following completion of the grant period.
18. Withdrawal of a Project: If it is determined by the grant recipient that a project cannot be completed within the scope of the approved application, the project may be withdrawn by the Grantee prior to the completion of fifty percent of the project. Upon withdrawal of a project, all unspent funding must be returned to the State Library along with a completed detailed expenditure form showing how any unreturned funds were spent.
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EXHIBIT C: CERTIFICATION OF COMPLIANCE FORM
1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to implement this grant-funded project.
I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.
I certify that any or all other participants or contractors in the grant-funded project have agreed to the terms of the Award Agreement and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this project from the funds awarded for the activities and services described in the attached award packet, as approved and/or as amended by the California State Librarian.
I certify that I have reviewed and understand the list of unallowable costs and that my project does not contain any of the unallowable costs listed.
The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this project, to include the requirements listed below in this Certification of Compliance Form.
2. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $445,035. This award will fund library facility improvements as set forth in the list of approved outcomes, Implementation Plan and Budget as approved and/or as amended by the California State Librarian.
3. The authorized representative, on behalf of the Grantee, hereby certifies that City of Redlands will provide a cash match in the amount of $222,518. The matching funds (if applicable) will be expended during the grant period at the same rate as the state-provided grant funds.
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4. The authorized representative, on behalf of the Grantee, hereby certifies that the project property, or a part thereof, will be dedicated to public library services and used as a public library according to the Education Code, sections 18010 through 20092 and California Code of Regulations, Title 5, Division 2 and provide at least the following: an organized collection of printed or other library materials, or a combination thereof; paid staff; and regularly scheduled hours for being open to the public for a period of not less than 10 years following completion of the grant period.
5. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).
6. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)
7. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code § 10410):
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a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code § 10430 (e)).
8. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).
9. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)
10. RESOLUTION: A county, city, district, or other local public body must provide the State Library with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
11. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.
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12. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government- wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707). b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug-free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.
13. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all project staff, will ensure all project materials will meet California accessibility standards.
14. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all project staff, agree to comply with all California non-discrimination laws.
15. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all project staff, agree to comply with California State Library acknowledgement requirements.
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Certification
ORGANIZATION
Name: Address (official and complete):
PROJECT COORDINATOR
Name:
Email: Phone:
GRANTEE AUTHORIZED REPRESENTATIVE
Name: Title:
Email: Phone:
Signature: Date:
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Authorized Representative Signature
ORGANIZATION
Name: Address (official and complete):
AUTHROIZED REPRESENTATIVE
Signature: Date: Click or tap here to enter text.
Printed Name of Person Signing: Title:
STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Date:
Printed Name of Person Signing: Title: California State Librarian
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EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES
Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx
Mileage:
Rate subject to change
$0.585 per mile – approved business/travel expense
Meals:
Receipts are required
$7.00 – Breakfast
$11.00 – Lunch
$23.00 – Dinner
$5.00 - Incidentals
Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc.
Hotel:
Receipts are required
and MUST have a zero
balance.
$ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento
Counties
$ 110.00 plus tax for Marin County
$ 120.00 plus tax for Los Angeles, Orange, and Ventura
Counties, and Edwards AFB. Excluding the city of Santa
Monica
$ 125.00 plus tax for Monterey and San Diego Counties
$ 140.00 plus tax for Alameda, San Mateo and Santa
Clara Counties
$ 150.00 plus tax for the City of Santa Monica
$ 250.00 plus tax for San Francisco County
Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes.
Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel.
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AIRLINE TICKETS:
Itinerary and receipts are
required
Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense.
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November 1, 2022
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine
Dear Grantee,
You are receiving this notification because you currently have an active grant through the California State Library.
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.
The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.
This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.
Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.
Annly Roman
Grants and Bureau Operations Manager
California State Library
900 N Street
Sacramento, CA 95814
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Building Forward
Round 1
Grant Monitor Checklist
• Final Project Budget
• Final Project Implementation Plan
• Resolution from the grantee organization’s governing body approving acceptance of grant funds and designating an Authorized Representative allowed to enter into agreements on behalf of the organization
• Grant Agreement and Certification of Compliance
If required based on specific project
• A letter from the grantee organization’s Chief Financial Officer, Finance Director, or equivalent confirming availability of matching funds (Required for all grantees contributing local match funds.)
• A current facility lease with a term extending at least ten years after the end of the grant period. (Required for all projects involving leased buildings.)
All relevant documents received and approved by Kevin Webb.
_____________________________
Grant Monitor Signature
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City Council/Successor Agency Meeting I. 12.
DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Ordinance No. 2946-(Second Reading)-Amending Chapter
10.24 of the Redlands Municipal Code to establish prima facie speed limits for various streets throughout the City of Redlands (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 adopt Ordinance No. 2946.
RECOMMENDATION:
Staff recommends City Council adoption of Ordinance No. 2946, amending Chapter 10.24 of the Redlands Municipal Code to establish prima facie speed limits for various streets throughout the City of Redlands.
DISCUSSION:
The Municipal Utilities and Engineering Department (MUED) staff periodically prepares engineering and traffic surveys in accordance with California Vehicle Code (CVC) and California Manual on Uniform Traffic Control Devices (CAMUTCD) standards. The surveys are completed at seven to fourteen (7-14) year intervals and are necessary for Redlands Police Department(RPD) Officers to issue citations for speed limit violations when electronic speed measuring equipment is used. The surveys determine the 85th percentile free-flow speed using actual measured vehicle speeds within a street corridor. The transportation engineering industry recognizes the 85th percentile methodology for establishing speed limits as an accurate indicator of a reasonable and safe vehicle speed. This methodology is founded on the premise that a reasonable speed limit is one that conforms to the actual behavior of the majority of vehicle operators within a street corridor. Speed limits that are established based on Redlands Regular Meeting of 12/06/2022
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operators within a street corridor. Speed limits that are established based on this methodology reduce the variance in vehicle speeds. The CAMUTCD allows the City Engineer discretion to adjust the 85 th percentile speed up or down by five (5) miles per hour in consideration of physical or environmental conditions that may impact vehicle operator behavior.
In accordance with the CVC, MUED staff contracted with RK Engineering Group, Inc (RK) to perform traffic surveys on various street segments throughout the City of Redlands. The recommended speed limits identified in the RK summary report titled "2021 Engineering and Traffic Survey" (2021 E&TS) was approved by the Traffic and Parking Commission on March 2, 2022 and was accepted by City Council on June 7, 2022 with adoption of Resolution No. 8348.
On November 15, 2022, City Council meeting, the proposed Ordinance No. 2946 was introduced and a public hearing was conducted to receive public input. The Public Hearing Notice was published in the local newspaper on Friday, October 28, 2022, meeting the requirement of at least ten (10) days prior to the meeting to allow sufficient time for the public to review the document. The proposed ordinance and staff report prepared for the introduction of this ordinance are available in the City Clerk's office.
Adoption of Ordinance 2946 is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s Guidelines implementing the California Environmental Quality Act as there is no possibility that this action will result in an impact on the environment.
ALTERNATIVES:
City Council may deny the staff recommendation.
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 Dobey, City Engineer
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PREPARED BY:
Johana Silva, Assistant Engineer
Fiscal Impact
Discussion:
Codification: $22/per page affected by the change
Legal Publication: $285
Attachments
Ordinance No. 2946
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1 I:\cmo\Ordinances\2946 Amending Chapter 10.24 Prima Facie Speed Limits - Clean.docx ORDINANCE NO. 2946
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER
10.24 OF THE REDLANDS MUNICIPAL CODE CONFIRMING PRIMA
FACIA SPEED LIMITS FOR SPECIFIED CITY STREETS
WHEREAS, an Engineering and Traffic Survey, as defined by California Vehicle Code section 627, is a survey of highway and traffic conditions conducted in accordance with methods defined in the California Manual of Uniform Traffic Control Devices; and
WHEREAS, California Vehicle Code section 40802 requires an Engineering an d Traffic Survey be prepared for each City street segment, every seven to fourteen years, for the use of radar or other electronic devices to enforce speed limits; and
WHEREAS, on June 7, 2022, the City Council of the City of Redlands adopted Resolution No. 8348 approving the 2021 Engineering and Traffic Survey report prepared by RK Engineering Group for various streets within the City to update speed limits.
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
Section 1. Section 10.24.030 of the Redlands Municipal Code is hereby amended as follows:
“10.24.030: PRIMA FACIE SPEED LIMITS:
It is determined upon the basis of an engineering and traffic survey that the orderly movement of vehicular traffic would be facilitated in a reasonable and safe manner by establishing enforceable speed limits under the conditions found to exist upon the f ollowing streets. It is declared that the prima facie speed limits shall be as herein set forth on these streets or parts of streets herein designated when signs are erected giving notice thereof. This section does not apply to any twenty five (25) mile per hour prima facie limit which is applicable when passing a school building or the grounds thereof or when passing a senior center or other facility primarily used by senior citizens.
Street Segment
Speed
Limit
(mph)
Alabama Street Barton Road to Park Avenue 45
Alabama Street Park Avenue to Lugonia Avenue 35
Alabama Street Between City limit line south of Santa Ana River and City limit line north of Santa Ana River
55 Alessandro Road Crescent Avenue to Sunset Drive 40 Redlands Regular Meeting of 12/06/2022
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2 I:\cmo\Ordinances\2946 Amending Chapter 10.24 Prima Facie Speed Limits - Clean.docx Alessandro Road Sunset Drive to Creekside Drive 40
Alessandro Road Creekside Drive to San Timoteo Canyon Road 35 Alta Vista Drive Florida Street to Sunset Drive 40
Barton Road West City Limit to Terracina Boulevard 45 Barton Road Terracina Boulevard to Alabama Street 45 Barton Road Alabama Street to Lakeside Avenue 40
Brockton Avenue New York Street to Texas Street 30
Brockton Avenue Texas Street to Church Street 35
Brockton Avenue Church Street to Judson Street 35
Brockton Avenue Judson Street to Wabash Avenue 35
Brookside Avenue Lakeside Avenue to Center Street 35 Brookside Avenue Center Street to Eureka Street 35
Cajon Street Vine Street to Fern Avenue 30
Cajon Street Fern Avenue to Garden Street 35
California Street Palmetto Avenue to Almond Avenue (southbound) 45 California Street Almond Avenue to Redlands Boulevard 40 Center Street State Street to Brookside Avenue 35
Center Street Brookside Avenue to Cypress Avenue 35 Center Street Cypress Avenue to Crescent Avenue 35
Center Street Crescent Avenue to Ridge Street 35
Central Avenue University Street to Judson Street 30 Church Street Pioneer Avenue to Redlands Boulevard 35 Citrus Avenue Eureka Street to Orange Street 30
Citrus Avenue Redlands Boulevard to University Street 30 Citrus Avenue University Street to Wabash Avenue 40
Colton Avenue Redlands Boulevard to Church Street 40
Colton Avenue Church Street to Grove Street 35
Colton Avenue Grove Street to Lincoln Street 40
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3 I:\cmo\Ordinances\2946 Amending Chapter 10.24 Prima Facie Speed Limits - Clean.docx Colton Avenue Dearborn Street to Wabash Avenue 45
Crescent Avenue Ramona Drive to Serpentine Drive 35
Crestview Road Ford Street to Buckingham Drive 30
Cypress Avenue Terracina Boulevard to Center Street 40 Cypress Avenue Center Street to Redlands Boulevard 40 Cypress Avenue Redlands Boulevard to Citrus Avenue 40 Dearborn Street 5th Avenue to Colton Avenue 40
Dearborn Street Colton Avenue to Lugonia Avenue 35
Dearborn Street Lugonia Avenue to San Bernardino Avenue 45 Dearborn Street San Bernardino Avenue to Sessums Drive 40 Elizabeth Street Garden Street to Crescent Avenue 45 Fern Avenue Redlands Boulevard to Cajon Street 35
Fern Avenue Cajon Street to Center Street 35
Fern Avenue Center Street to San Mateo Street 40
Fern Avenue San Mateo Street to Terracina Boulevard 35 Fifth Avenue Ford Street to Dearborn Street 45
Fifth Avenue Dearborn Street to Wabash Avenue 45
Ford Street Citrus Avenue to Fifth Avenue 40
Ford Street Fifth Avenue to Reservoir Road 40
Ford Street Reservoir Road to Sunset Drive 45
Ford Street Sunset Drive to Garden Hill Drive 40
Franklin Avenue Eucalyptus Drive to Oak Street 35
Franklin Avenue Oak Street to Garden Street 35
Garden Street Mariposa Drive to Cajon Street 40
Grove Street Highland Avenue to Citrus Avenue 35
Grove Street Citrus Avenue to Brockton Avenue 35
Highland Avenue Ford Street to Cajon Street 45
Highland Avenue Cajon Street to San Mateo Street 35 Redlands Regular Meeting of 12/06/2022
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4 I:\cmo\Ordinances\2946 Amending Chapter 10.24 Prima Facie Speed Limits - Clean.docx Highland Avenue San Mateo Street to Serpentine Drive 30 Judson Street Citrus Avenue to Colton Avenue 40
Judson Street Colton Avenue to Lugonia Avenue 35
Judson Street Lugonia Avenue to Pioneer Avenue 35
Live Oak Canyon Road San Timoteo Canyon Road to Easterly City Boundary
45 Lugonia Avenue 1,500 feet w/o Research Avenue to California Street
50 Lugonia Avenue California Street to Alabama Street (eastbound) 40 Lugonia Avenue Alabama Street to Tennessee Street (eastbound) 40 Lugonia Avenue Tennessee Street to Texas Street 40
Lugonia Avenue Texas Street to Orange Street 40
Mariposa Drive Wabash Avenue to Country Club Drive 35 Mariposa Drive Country Club Drive to Garden Street 35 Mariposa Drive Halsey Street to Dwight Street 25
Mountain View Avenue I-10 Freeway to Central Avenue (northbound) 50 New York Street Colton Avenue to Lugonia Avenue 40
Olive Avenue Citrus Avenue to San Mateo Street 35
Olive Avenue San Mateo Street to Terracina Boulevard 35 Orange Street Lugonia Avenue to Pioneer Avenue 40
Orange Street Pioneer Avenue to Hubbard Court 45
Orange Street Hubbard Court to City limits 50
Orange Tree Lane California Street to Nevada Street 35 Orange Tree Lane Nevada Street to Alabama Street 40 Pacific Street Crescent Avenue to Carob Street 25
Pacific Street Carob Street to Ridge Street 25
Palm Avenue Serpentine Drive to San Mateo Street 30 Palm Avenue San Mateo Street to Ford Street 40
Palmetto Avenue Nevada Street to California Street (westbound) 40 Redlands Regular Meeting of 12/06/2022
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5 I:\cmo\Ordinances\2946 Amending Chapter 10.24 Prima Facie Speed Limits - Clean.docx Palmetto Avenue California Street to Marigold Avenue 40 Palo Alto Drive Country Club Drive to Mirasol Drive 35 Palo Alto Drive Mirasol Drive to Sunset Drive 30
Pennsylvania Avenue Texas Street to Orange Street 35 Pennsylvania Avenue Orange Street to Church Street 35 Pennsylvania Avenue Church Street to University Avenue 35 Pennsylvania Avenue University Avenue to Judson Street 35 Pioneer Avenue Texas Street to Orange Street 35
Pioneer Avenue Orange Street to Occidental Drive 35 Pioneer Avenue Occidental Drive to Dearborn Street 45 Pioneer Avenue Texas Street to I-210 Freeway 40
Redlands Boulevard California Street to Texas Street 40 Redlands Boulevard Texas Street to Eureka Street 35 Redlands Boulevard Eureka Street to Citrus Avenue 30 Redlands Boulevard Citrus Avenue to Highland Avenue 35 Redlands Boulevard Highland Avenue to Ford Street 50 Reservoir Road Ford Street to Wabash Avenue 50
Rossmont Drive Garden Street to Sunset Drive 25
San Bernardino Avenue Tennessee Street to Orange Street 45 San Bernardino Avenue Orange Street to University Street 40 San Bernardino Avenue University Street to Wabash Avenue 45 San Bernardino Avenue Mountain View Avenue to California Street 50 San Mateo Street Brookside Avenue to Fern Avenue 35
San Mateo Street Fern Avenue to Highland Avenue 35
San Timoteo Canyon
Road
Fern Avenue to Barton Road 40
Sunset Drive Vinton Way to Alta Vista Drive 40
Sunset Drive Alta Vista Drive to Panorama Point 30
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6 I:\cmo\Ordinances\2946 Amending Chapter 10.24 Prima Facie Speed Limits - Clean.docx Sunset Drive Serpentine Road to Vinton Way 25
Sunset Drive Panorama Point to Franklin Avenue 35
Sunnyside Avenue Fern Avenue to Cypress Avenue 25
Sunnyside Avenue Cypress Avenue to Smiley Heights Drive 25 Tennessee Street and
San Mateo Street
Colton Avenue to Brookside Avenue 40
Terracina Boulevard Barton Road to Olive Avenue 45
Terracina Boulevard Olive Avenue to Cypress Avenue 35 Texas Street Redlands Boulevard to Lugonia Avenue 35 Texas Street Lugonia Avenue to San Bernardino Avenue 35 Texas Street San Bernardino Avenue to Domestic Avenue 35 University Street Cypress Avenue to Colton Avenue 35 University Street Colton Avenue to Lugonia Avenue 35 University Street Lugonia Avenue to San Bernardino Avenue 25 Via Vista Drive Country Club Drive to Helena Lane 30
Wabash Avenue Fifth Avenue to Citrus Avenue 45
Wabash Avenue Citrus Avenue to Colton Avenue 40
Wabash Avenue Colton Avenue to Sessums Drive 40
Wabash Avenue Fifth Avenue to Panorama Drive 40
Wabash Avenue Reservoir Road to Palo Alto 35
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7 I:\cmo\Ordinances\2946 Amending Chapter 10.24 Prima Facie Speed Limits - Clean.docx Section 2. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law.
_________________________________
Paul T. Barich, Mayor
ATTEST:
____________________________________
Jeanne Donaldson, City Clerk
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8 I:\cmo\Ordinances\2946 Amending Chapter 10.24 Prima Facie Speed Limits - Clean.docx I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the 6th day of December 2022, by the following vote:
AYES:
NOES:
ABSENT:
__________________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting I. 13.
DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the First Amendment to the Professional Services Agreement with KOA Corporation to extend the termination date to December 31, 2023 for the East Valley Corridor Bike Route Interconnect Project (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If City Council determines the staff recommendation is appropriate, the following motion is provided:
I move City Council approve the First Amendment to the Professional Services Agreement with KOA Corporation to extend the termination date to December 31, 2023 for the East Valley Corridor Bike Route Interconnect Project.
RECOMMENDATION:
Staff recommends City Council approve the First Amendment to the Professional Services Agreement with KOA Corporation to extend the termination date to December 31, 2023 for the East Valley Corridor Bike Route Interconnect Project.
DISCUSSION:
On December 18, 2018, City Council executed a Professional Services Agreement with KOA Corporation (KOA) to provide engineering services for the East Valley Corridor Bike Route Interconnect Project (Project). The Project proposes to construct several gaps in the existing cycling infrastructure, provide improved bike traffic for users between downtown, Highland, the Citrus Plaza/Mountain Grove shopping centers, and Santa Ana River Trail, and improve cycling safety in the western portion of Redlands.
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KOA has been working diligently and has made significant progress in designing. However, the design will not be completed prior to the agreement deadline of December 31, 2022. The Project alignment crosses through the Santa Ana River and encroaches on other environmentally sensitive areas, causing a longer than expected delay in the Environmental Assessment.
San Bernardino Valley Water Conservation District is coordinating with U.S. Fish and Wildlife Service (USFWS) to include this Project as part of the Wash Habitat Conservation Plan (Wash Plan). Once it is accepted by the U.S. Fish and Wildlife Service (USFWS), the Project will be covered under the implementation of the Wash Plan through a Certificate of Inclusion. Therefore, staff recommends a First Amendment to the Agreement that extends the contract termination date to December 31, 2023, and updates the Agreement to designate John R. Harris, Municipal Utilities and Engineering Department Director, as the City’s representative. These are the only proposed Agreement revisions.
ALTERNATIVES:
City Council may deny the staff recommendation, although doing so will prevent completion of the East Valley Corridor Bike Route Interconnect Project design.
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.
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Attachments
A. First Amendment to KOA Agreement
B. Executed Agreement with KOA (Reference Only)
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1 I:\cmo\Agreements\KOA Corporation 1st Amendment-FY22-0073.docx-la
FIRST AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This first amendment (“Fir st Amendment”) to the agreement for the provision of engineering design and environmental services (“Agreement”), dated December 18, 2018, by and between the City of Redlands, a municipal corporation and a general law city ( “City”), and KOA Corporation (“Consultant”), is made and entered into this 6th day of December 2022.
RECITALS
WHEREAS, it is the desire of City and Consultant to amend Article 3.2 of the Agreement to update the name of the City’s representative from former representative Paul Toor, to the current representative, John R. Harris; and
WHEREAS, it is the desire of the City and Consultant to amend Article 4.1 of the Agreement to extend the date for termination of the Services to December 31, 2023;
NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledge City and Consultant agree as follows:
AGREEMENT
Section 1. Section 3.2 of the Agreement, titled “Responsibilities of City,” is her eby amended to read as follows:
“3.2 City designates John R. Harris, Municipal Utilities and Engineering Department 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.”
Section 2. Section 4.1 of the Agreement, titled “Performance of Services,” is hereby amended to read as follows:
“4.1 Consultant shall complete the Services by December 31, 2023, unless the Services are terminated earlier as provided for herein.”
Section 3. All other provisions of the Agreement shall remain unchanged by this Firs t Amendment and in effect.
[SIGNATURES ON NEXT PAGE]
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2 I:\cmo\Agreements\KOA Corporation 1st Amendment-FY22-0073.docx-la
IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of December 6, 2022.
CITY OF REDLANDS KOA Corporation
________________________________ By: ________________________________ Paul T. Barich, Mayor Charles Stephan, Vice President
ATTEST:
__________________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting I. 14.
DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Second Amendment to the Development Impact Fee Study Professional Services Agreement with David Taussig and Associates, Inc. to extend the termination date to December 31, 2023 (Municipal Utilities and Engineering Director Harris) MOTION(S):
If City Council determines the staff recommendation is appropriate, the following motion is provided:
I move that City Council approve the second amendment to the Development Impact Fee Study Professional Services Agreement with David Taussig and Associates, Inc. to extend the termination date to December 31, 2023.
RECOMMENDATION:
Staff recommends City Council approve the second amendment to the Development Impact Fee Study Professional Services Agreement with David Taussig and Associates, Inc. to extend the termination date to December 31, 2023.
DISCUSSION:
Assembly Bill (AB) 1600, which became effective on January 1, 1989, outlines specific requirements that must be met for municipalities to impose Development Impact Fees (DIF). Every five (5) years, a Nexus Study must be completed to justify appropriate fees to fund additional infrastructure and services necessary to support new growth.
A similar study was completed and adopted in January 2017, and only minor modifications, primarily related to Accessory Dwelling Unit state mandates, were implemented. This project will update the 2017 DIF Study and will include analyses for eleven (11) fees identified in the Redlands Municipal Code (RMC), Redlands Regular Meeting of 12/06/2022
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analyses for eleven (11) fees identified in the Redlands Municipal Code (RMC), including storm drain, water, solid waste, and sewer facilities.
On November 2, 2021, City Council executed an Agreement with David Taussig and Associates, Inc. (DTA) to prepare a DIF Study. DTA has worked diligently and has made great progress toward completion of the DIF study. A First Amendment to the Professional Services Agreement with David Taussig and Associates, Inc. was approved by City Council on June 21, 2022 to extend the termination date. However, the DIF Study will not be completed prior to the recent December 31, 2022 Agreement deadline. Staff recommends a Second Amendment to the Agreement that extends the termination date to December 31, 2023.
ALTERNATIVES:
City Council may deny the staff recommendation, although doing so will prevent completion of the Development Impact Fee Study.
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.
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Attachments
A. Second Amendment to DTA Agreement for DIF Study
B. Executed First Agreement to DTA (Reference Only)
C. Executed Agreement for DIF Study (Reference Only)
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1 L:\ca\Agreements\DavidTaussigAssoc 2nd Amendment_Agreement-FY22-0076.docx-jm
SECOND AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This second amendment (“Second Amendment”) to the agreement for the preparation of a development impact fee study services (“Agreement”), dated November 2, 2021, by and between the City of Redlands, a municipal corporation and a general law city (“City”), and David Taussig and Associates, Inc. dba DTA (“Consultant”), is made and entered into this 6th day of December 2022.
RECITALS
WHEREAS, it is the desire of the City and Consultant to amend Article 4.2 of the Agreement to extend the date for termination of the Services to December 31, 2023;
NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledge City and Consultant agree as follows:
AGREEMENT
Section 1. Section 4.2 of the Agreement, titled “Performance of Services,” is her eby amended to read as follows:
“4.2 Consultant shall complete the Services by December 31, 202 3, unless the Services are terminated earlier as provided for herein.”
Section 2. All other provisions of the Agreement shall remain unchanged by this Second Amendment and in effect.
IN WITNESS W HEREOF, the parties have executed this Second Amendment, to be effective as of December 6, 2022.
CITY OF REDLANDS David Taussig and Associates, Inc. dba DTA
________________________________ By: ________________________________ Paul T. Barich, Mayor David Taussig, President
ATTEST:
__________________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting I. 15.
DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the First Amendment to the Professional Services Agreement with Sedaru, Inc. to expand the scope of work to provide an asset management system for street maintenance, and increase the service fee by $65,000 (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 Professional Services agreement with Sedaru, Inc. to expand the scope of work to provide an asset management system for street maintenance, and increase the service fee by $65,000.
RECOMMENDATION:
Staff recommends that City Council approve the First Amendment to the Professional Services Agreement with Sedaru, Inc. to expand the scope of work to provide an asset management system service for street maintenance, and increase the service fee by $65,000.
DISCUSSION:
In June 2021, City Council approved a Professional Services Agreement with Sedaru, Inc. to implement an asset management system for the City's water utility for an amount not to exceed $265,265. This system links field data collection, preventive maintenance and regulatory compliance schedules, and management dashboards by creating and tracking work orders, scheduling and tracking inspections, and creating dig alert notifications. The Sedaru asset management system is fully implemented and is being used in the Water Distribution Division, and is being implemented in the Water Production Division.
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The Municipal Utilities and Engineering Department recommends City Council approve the first amendment to the Sedaru Professional Services Agreement that will expand the scope of work to include typical street maintenance tasks such as concrete curb and sidewalk inspection and maintenance tracking, striping and signage replacement scheduling, and work order processing. The cost for this additional work is $65,000 and will increase the original agreement service fee to $330,265.
ALTERNATIVES:
City Council may deny the staff recommendation and provide alternate 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
PREPARED BY:
John R. Harris, Municipal Utilities and Engineering Director Fiscal Impact
Fiscal Year: FY 22/24
Revenue Generating: N
Appropriation Required Y/N: N
Amount: $65,000
Budgeted Y/N: Y
Account No.: 101401-6703
Discussion:
There is no fiscal impact associated with this action. The cost for this service is included in the MUED FY 22/24 operating budget.
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Attachments
Sedaru Agreement
Sedaru Price Quote
Sedaru Expanded Scope of Work
Sedaru First Amendment Agreement
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AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreementfor the establishmentof a water distribution and productionasset management system (" Agreement") is made and entered in this 15th day of June, 2021 Effective Date"), by and betweenthe City of Redlands, a municipal corporation ("City") and Sedaru, Inc, a Delaware corporation (" Consultant") City and Consultant are sometimes individually referredto hereinas a "Party" and, together, asthe "Parties." In consideration of the mutual promisescontainedherein, City and Consultantagreeasfollows ARTICLE 1 — ENGAGEMENT OF CONSULTANT
1 1 City herebyengagesConsultantto produceandprovideto City a waterdistributionand production assetmanagement system for City ( the " Services")
1. 2 The Servicesshall be performedby Consultantin a professionalmanner, and Consultant representsthat it hasthe skill andtheprofessionalexpertisenecessaryto providethe Servicesto City at a levelof competencypresentlymaintainedby otherpracticing professionalconsultantsin the industryproviding like andsimilar typesof Services.
ARTICLE 2 — SERVICES OF CONSULTANT
2. 1 The Servicesthat Consultant shall perform are more particularly described in Exhibit A," titled " Scope of Services," which is attachedheretoand incorporatedhereinby reference
2. 2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, any applicable State prevailing wage laws.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3 1 City designatesJohnR. Harris, MunicipalUtilities andEngineeringDepartmentDirector, as City's representativewith respectto performanceof the Services, and suchperson shall havethe authority to transmit instructions, receiveinformation, interpret and define City' spolicies anddecisionswith respectto performanceof the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4 1 Consultant shall perform and completethe Servicesin a prompt and diligent manner in accordance with the schedule set forth in Exhibit " B," titled " Project Schedule," which is attachedheretoand incorporatedhereinby reference
4. 2 Thetermof thisAgreementshallbefor aperiodof three (3) yearscommencingasof the Effective Date, unlessterminatedearlier asprovided herein. 1 L.\ca\djm\Agreements\SedaruIncAgreement.PS- 1 1 .FY20-0129.doc.jn Redlands Regular Meeting of 12/06/2022
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4. 3 If Consultant's Servicesinclude deliverableelectronicvisual presentationmaterials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adoptedpolicy for the same It shall be the obligation of Consultant to obtain a copy of suchpolicy from City staff.
ARTICLE 5 — PAYMENTS TO CONSULTANT
5 1 Total compensationfor Consultant's performanceof the Servicesshall be in an amount - not -to -exceedtwo hundredsixty five thousandtwo hundredsixty five dollars ($265, 265) City shall pay Consultanton a time andmaterialsbasisup to the not to exceedamountin accordance with Exhibit " C," titled " Service Cost," which is attached hereto and incorporatedhereinby 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 Servicesperformed, the datesthe Serviceswere performed, the number of hours spent andby whom, anda descriptionof reimbursableexpensesrelatedto the ServicesCity shallpay Consultantno laterthanthirty (30) daysafterreceiptandapprovalby City of Consultant' s invoice
5. 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any suchnotice shall be deemeddelivered (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 depositedwith an overnight courier, or (iv) on the datesentby facsimileor electronicmail transmission (including PDF), if confirmed with a copy sent contemporaneouslyby first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriateaddresssetforth below, or suchother addressas a Party may provide notice in accordance with this section.
CITY.
City Clerk
City of Redlands
35 Cajon Street
P 0 Box 3005 (mailing)
Redlands, CA 92373
[email protected]
Phone ( 909) 798- 7531
CONSULTANT.
James Griffiths, VP Finance
Sedaru, Inc
168 East Arrow Hwy, Suite 101
San Dimas, CA 91773
james. griffiths@aquaticinformatics. com
Phone ( 604) 630- 3702
Fax. ( 626) 244- 0702
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6 1 The following insurancecoveragerequiredby this Agreementshall be maintainedby Consultant for the duration of its performance of the Services. Consultant shall not performanyServicesunlessanduntil therequiredinsurancelistedbelowis obtainedby Consultant. Consultantshall provide City with certificatesof insuranceand endorsements evidencingsuchinsuranceprior to commencementof the ServicesInsurancepolicies 2 L.\ ca\djm\ Agreements\SedaruInc Agreement.PS-1 1.FY20-0129.doc.jn Redlands Regular Meeting of 12/06/2022
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shall include a provision prohibiting cancellation or modification of the policy except uponthirty ( 30) daysprior written noticeto City
A. Workers' CompensationandEmployer's Liability insurancein the amountthat meets statutoryrequirementswith an insurancecarrier acceptableto 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 heretoandincorporatedhereinby this reference, prior to performanceof the Services B ComprehensiveGeneral Liability insurancewith carriers acceptableto 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 namedas an additional insured and such insuranceshall be primary and non-contributing to any insuranceor self-insurance maintainedby 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 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 insuredandsuch insuranceshall beprimary andnon-contributing to any insuranceor self-insurancemaintainedby City
D 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 Partiesto assignor subcontract a portion of the Services, Consultantshall add such assigneeor subcontractoras an additional insured to the insurancepolicies required hereby and provide City with the insurance endorsementsprior to any Services being performed by the assignee or subcontractor
6. 2 Consultant shall defend, indemnify and hold harmless City and its elected officials, employeesandagentsfrom andagainstanyandall claims, lossesor liability, including attorneys' fees, arising from injury or deathto personsor damageto 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 Consultantcovenantsand representsthat it doesnot 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 investmentthat would be affected in any manner or degree by the performance of Consultant' s Services. Consultant further covenants and representsthat in the performance of its duties hereunder, no person having any such interestshall perform any Servicesunderthis 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 approvalto a contractthat requiresCity approvalandto which City is a party, or to the specifications for such a contract; v) grant City approvalto a plan, design, report, study or similar item, vi) adopt, or grant City approvalof, policies, standardsor guidelinesfor City or for any subdivision thereof.
B Does not serve in a staff capacity with City and in that capacity, participate in makinga governmentaldecisionor otherwiseperformthe sameor 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, Statementof 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 commencedto enforce or interpret any of the terms or conditions of this Agreementthe prevailing Party shall, in addition to any costsandother relief, be entitled to the recovery of its reasonableattorneys' fees, including fees for the useof in-housecounselby a Party
8. 2 Consultantshall not assignany of the Services, exceptwith the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignmentor attemptedassignmentwithout suchprior written consentmay, 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 Servicesas an independentcontractor Neither City nor any its agentsshall have control over the conduct of Consultant or Consultant' s employees, except as herein set forth. Consultant shall supply all necessarytools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no eventshall Consultantor personnelretainedby it be deemedto havebeen employedby City or engagedby City for the accountof, or on behalf of City Consultant 4 L,\ca\djm\Agreements\SedaruIncAgreement.PS-1 1.FY20-0129.doc.jn Redlands Regular Meeting of 12/06/2022
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shall have no authority, expressor implied, to act on behalf of City in any capacity whatsoeveras an agent, nor shall Consultanthave any authority, expressor implied, to bind City to any obligation.
8 4 ThisAgreementmaybeterminatedby City, in its solediscretion, by providingnot less than five ( 5) daysprior written notice to Consultantof City' s intent to terminate If this Agreement is terminatedby City, an adjustmentto Consultant's compensationshall be made, but (1) no amountshall be allowed for anticipatedprofit or unperformedServices, and (2) any payment due Consultantat the time of termination may be adjustedto the extent of any additional coststo City occasionedby any default by Consultant. Upon receipt of a termination notice, Consultantshall immediately discontinueits 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 Consultant in performing the Services. Consultant shall be compensated on apro-rata basisfor Servicescompletedup to the dateof termination.
8. 5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documentsevidencingcostsandexpensesrelatedto theServicesfor aperiodof 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 shall be available at reasonable times for examinationby City at the office of Consultant.
8 6 This Agreement, including the Exhibits incorporatedherein by reference, representsthe entire agreement and understandingbetween the Parties as to the matters contained herein, andanypriornegotiations, writtenproposalsorverbalagreementsrelatingto such mattersare supersededby this Agreement. Except as otherwiseprovided for herein, any amendmentto this Agreementshall be in writing, approvedby City and signed by City and Consultant.
8 7 This Agreement shall be governedby and construedin accordancewith the laws of the State of California.
8 8 If one or more of the sentences, clauses, paragraphsor 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, paragraphsor sectionscontainedherein, unlessto do so would deprive a Party of a material benefit of its bargain under this Agreement.
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IN WITNESS WHEREOF, duly authorizedrepresentativesof City andConsultanthave signed in confirmation of this Agreement
Paul T Barich, Mayor
ATTEST
ne Donaldson, City Clerk
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SEDARU, INC
By
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EXHIBIT " A"
SCOPE OF SERVICES
Task 1— Discovery
Tasks
1 1 Hold a kickoff meeting with GIS, IT, Engineering, Water Distribution and Production staff
1.2 Discovery Workshops and interviews with various key staff to learn City' s business processes and needs
1.3 Develop Needs Assessment document
14 Submit datarequestlist basedon outcomesof ProjectKickoff andDiscovery Workshops
1.5 Providemonthly statusupdateswith theprogresspaymentrequests 1 6 Overall project managementthroughouttheproject duration Deliverables
Kickoff meeting agenda andmeetingminutes
NeedsAssessmentdocument, including currentGIS Entity RelationshipDiagram Data Request List
Setup of Sedaru test environment
Detailed monthly status updates for each sub -task
Approach
Project Kickoff — An onsite project kickoff meeting will be led by the City' s SedaruProject Managerto reviewtheprojectgoals, schedules, datarequirements, anticipatedbottlenecks, key milestones, andpriorities It is expectedthatthekickoff meetingwill beattendedby key City stakeholdersand leadership, including but not limited to City GIS, IT, Engineering, Water Distribution & Water Production staff.
Discovery Workshops — Following project kickoff, Sedaruwill leadworkshopswith City GIS, IT, Engineering, Water Distribution & Water Production staff to review its current workflows and needs, Esri GIS locally hostedenvironment and data model, and gather user requirements from office andfield staff endusers. The project teamwill work with the designatedCity Sedaru Project Manager acrosseachstakeholderteamto gatherdetailedrequirementsfor all workflows and configurations required for the project. Sedarustaff will provide examplesof how similar work orders, workflows, field data collection forms, dashboardKey Performance Indicators KPIs), and automated reports have functioned for other customers.
Sedaruwill provide all stakeholdersa high-level product demonstrationto help build consensus aroundgoals, vision, anddirection. This will facilitate a discussionamongstCity staff abouthow the City' s workflows may differ and help reach consensus on what the desired workflow for the software should be
Two %2day discoveryworkshopsareplannedasfollows
Workshop # la — All Attend
Product demonstrations
Identify enterprise and departmental goals & define success 7 L.\ca\djm\Agreements\SedaruIncAgreement.PS-1 1.PY20-0129.doc.jn Redlands Regular Meeting of 12/06/2022
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Identify pitfalls and fatal flaws ( i.e., what successdoesn't look like) Establishpriority tasksto establishandmaintainProjectmomentum Agree on phasingandscheduling
Prioritize immediate next steps
Workshop # 1b — IT, including GIS
EstablishIT andGIS direction andgoals
Identify current infrastructure, incl. firewalls and resources Define existing and desired field device direction for the Project Identify internal departmentalcritical needsandpriorities Prioritize Project data requests and next steps
Workshop # 2a — Engineering, Distribution & Operations staff Review existing work order types generated in Enquesta
Identify which work order types to implement in Sedaru
Provide examples of how similar work orders, workflows, field data collection forms, and dashboard KPIs have functioned for other customers
Identify internal departmentalcritical needsandpriorities Prioritize Project data requests and next steps
Workshop # 2b — Engineering, Distribution & Operations staff Overview of City' s Wonderware SCADA
Identify 100 SCADA tags to be brought over into Sedaru
Prioritize Project data requests and next steps
Workshopswill be usedto developa NeedsAssessmentdocumentwhich will be integratedinto the overall Implementation Plan to support cohesive communications, messaging, and expectations throughout, with advanced awareness of data requirements and critical milestones ahead. An example datarequestlist (DRL) will be provided, as referenceto one method of the Sedaruteam's communication. Basedon the kickoff meeting andDiscovery workshop findings, the DRL will be further refined, customized, and color - coded to reflect the most critical, available data to meet the Project' s schedule and goals Software Rapid Rollout — The City' s implementation team will set up an initial Sedaru environment, soon after a notice to proceed, to allow access to Sedaru OMNI and Fieldforce software This will be populatedwithout any configuredforms or dataand serveto provide momentumandreassuranceto the City thatthe Softwareis availableasa baselineandgetting configured per City' s specifications. This step also includes setting up a Sedaru hosted environmentfor configurationandtesting. Completingthe rapidrollout allowsCity staffearly accessto the software and to be more prepared for subsequent conversations in the Project.
Project Management — Throughout the project there will be general Project Management functions and activities that will be performed by the Sedaruteam. Theseactivities will include thoseitemslistedin theManagementApproachincludingbutnotlimitedto managingresources, the project schedule, communication, issues, and billing. 8 L.\ca\djm\ Agreements\SedaruInc Agreement.PS-1 1.FY20- 0129.doc.jn Redlands Regular Meeting of 12/06/2022
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Assumptions
The City will have a Project Manager designatedas the main point of contact for the Sedaru team.
City will provideSedaruwith dataasrequestedwithin 5 businessdaysof requestbeing madeor at a reasonabletime asagreeduponby bothparties.
Data collectedduring the workshopswill beusedfor all phasesof implementation.
Workshopswill bewell attendedandconductedat the City or via web conference The City will provide Wi-Fi for onsiteworkshops.
For the NeedsAssessmentdocument, the documentreview guidelinesand feedbacktime durations listed in the ManagementApproach will be used as targets by the City The lack of adherenceto thesedurationscould causeproject scheduledelays Task 2 — Implementation Plan
Tasks
2.1 Develop Implementation Plan
Deliverables
ImplementationPlan, including agreedto project phasingand schedule Approach
Sedaru will work with the City' s stakeholders and use the Needs Assessment developed in Task 1 as a basis for developing the overall Implementation Plan including detailed tasks and responsibilities required for implementation of each of the Sedaru apps ( OMNI, Fieldforce, Outage) and Sedaru Connect integrations ( DigAlert, Wachs, SCADA) To ensure the product suite delivers all key functions and is rolled out in a manner that matchesthe City' s highest priority needs, the implementationwill bedeployedin phasesasdeterminedand mutually agreed to during the Discovery and development of the Implementation Plan.
A general overview and framework of the Implementation Plan is summarized below Sedaru Intro & Discover ( Task 1)
Projectplanning andkick- off, including communicationsplan andprotocol Overall Project Management
Workshops
Sedaruteam and the City' s team will work togetherto collect and review current City background documents, current systems, and collected data Rapid Rollout of Sedaru OMNI and Fieldforce
Connect
SetupSedaruhostedGIS environmentfor initial configuration andtesting Design & Build
Development of the Implementation Plan
Configuration of SedaruAMS, including SedaruConnectintegrations Deploy and Test
Initial training for City' s power users
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User Acceptance Testing
Training
Cutover from Development to Production, Testing, and Rollout Training & Documentation, including Sedaru Studio for City self -Administration Go Live
Go Live with City' s complete SedaruAMS solution
Optimize
Continue to optimize City' s Sedaru solution through City' s Managed Services Program MSP) subscription and Sedaru Studio
Assumptions
An Implementation Plan will be developed to specifically address scoped Sedaru apps and per items as defined in the Task 3 — System Implementation.
For the Implementation Plan document, the document review guidelines and feedback time durations listed in the ManagementApproach will be usedas targets by the City The lack of adherenceto thesedurationscould causeproject scheduledelays Task 3 — System Implementation
Tasks
3 1 SetupSedaruhostedGIS environmentfor initial configuration andtesting
3. 2 Sedaru OMNI and Fieldforce Configuration, including user-editable management dashboardsto track, trend, monitor, andreporton work statusandproductivity
3. 3 Sedaru Outage Configuration
3 4 Sedaru Connect for Wachs Configuration
3. 5 Sedaru Connect for DigAlert Configuration
3 6 Sedaru Connect for SCADA Configuration
3 7 User Acceptance and Testing
Deliverables
Fully configured water system management software
Customized dashboards, workflows, functionalities, etc
Approach
GIS Integration — Integration to the Esri GIS is important to the successof the project. The Sedaruimplementationteam will work with the City to obtain a copy of all relevant GIS data.
This GIS data will be used to configure the Sedaru-hosted GIS environmentfor initial testing, configuration, and Go -Live in Year 1 Sedaruwill work with the City to integratewith the City - hosted Esri environment including Portal with single sign -on as a defined task under the Managed Services Program ( MSP) in Year 2 ( see Task 5) Sedaru OMNI and Fieldforce Configuration — Using the information gathered in the preceding project steps, the Sedaru project team will configure Sedaru screens and input forms for OMNI ( office) and Fieldforce ( field) As each workflow is configured it, will be released to the City' s project manager for review by City staff. Based on the workflows summarized in the provided functionality requirements, Sedaru has identified 11 work order and field data collection forms + 1 universal form for Enquesta service orders + an additional 3 forms to be 10 L:\ca\djm\Agreements\SedaruIncAgreement.PS-1 1.FY20-0129.doc.jn Redlands Regular Meeting of 12/06/2022
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determinedduring the Discovery workshops Sedaruproposesto usepre -defined templatesfor 6 forms (as deployed successfullyfor other water distribution and production utility customers) that most closely compare to the City' s current existing work plus 9 custom forms, across 6 different assettypes including pipelines, valves, hydrants, customers, facilities, and Enquesta service orders for a total of 15 work order and field data collection forms. Sedaru will share the templateswith the City as a baselineduring the Discovery workshops. Following workshop user requirements, Sedaruwill startfrom the workflow templates, configurethoseto reflect the City' s current work, equivalent Enquesta work types, and field data collection forms, and implement into SedaruFieldforce for field data collection with the associatedkey performance indicators KPIs) to support work order dispatching, tracking, trending, monitoring, and reporting -on both plannedandreactivework in thefield
Sedaru Outage Configuration — Sedaru Outage allows utilities to manage pipe leaks and breaks andthe associatedvalve operations. Togetherwith a valve exerciseprogram, SedaruOutagewill recognizean inoperablevalve, andallow field usersto moreaccuratelyandefficientlyidentify valveisolationsin thefield in responseto a leak, break, or plannedoutageConfiguringSedaru Outage utilizes the GIS information gathered earlier in the project. The Sedaru Outage engine analyzes the pipe network for common connectivity problems, " meter to main" relationships, and otherfeatures. TheSedaruteamwill configurethestandardOutageworkflowto beusedby City staff.
Sedaru Connect for Wachs Valve Machine Integration and Hardware Setup — Sedaru Fieldforce integratesdirectly to the WachsVitals software Sedaruwill purchase (2) Windows 10 PanasonicToughbook (one for each valve turning truck) with ruggedizedcaseand install the Sedarufield applications for use by the City' s valve crews. While onsite to accomplish the Wachs Vitals integration configuration, the Sedaru project team will also connect City Toughbooks to the City Wachs Valve Machine trucks.
Sedaru Connect for DigAlert 811 Configuration — Sedaruwill usethe City' s GIS information gatheredearlier in the project to configure the DigAlert integration and standardworkflow, including positive response To connect with DigAlert ( 811) Requests, the Sedaru Connect service will be set to read all emails sent to the City' s ( 1) member code for one - call locate requests The email format will be parsed and the geographic area of the one call locate determined. This information will be setup to push directly to SedaruOMNI. From OMNI, the locate can be assigned to the appropriate staff for completion. Sedaru can also configure the ticketsto be auto assignedby location or person/groupto streamlineandautomatethe 811-ticket assignment.
Sedaru Connect for Wonderware SCADA Configuration — The Sedaru Connect integration framework allows one-way connection to the City' s SCADA historian. The integration mechanismfor SCADA usesa secureoutboundFTP transmissionof `tag_id' and `value' at user - configurable intervals. This approach is designed to facilitate connections to external systems with limited or no API.
The SCADA integration portion of theproject will requirethe following steps Identify SCADA tags that need to be presented in Sedaru and confirm tag names determinedin the Discovery workshop)
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Configure SedaruConnectfor a one-way, read-only connectionto the SCADA historian Configure Sedaruperformancetiles andtrendsin OMNI to presentSCADA information User Acceptance Testing ( UAT) — Before training for the entire team is scheduled, a one -day onsiteuseracceptancetesting sessionwill be held. This sessionwill be run by the Sedaruproject managerandshouldincludekeypowerusersfrom City staff. Duringthis step, all functionality for all workflows will be reviewed in a hands-on office setting. During this session the expectation is that the correct functionality of all final configurations will be reviewed and acceptedby the City If required, the Sedaruteamwill make any correctionsto configuration as soon as possible
Sedaru Studio Sedaru will train City in- house Sedaru administrator( s) on Sedaru Studio to support ongoing edits, after training and Go -Live, to support any changesto employees (staff turnover, reassignments, etc ), as well as ongoing field staff comments and requests to update field data collection forms.
Assumptions
GIS Integration
o Sedaru will host the City' s GIS data in Year 1
o Sedaruwill work with the City in Year 2 to integrate with the City' s Esri environment including Portal and single sign -on as a defined task under the City' s MSP
Sedaru OMNI and Fieldforce configuration
o Includes 6 pre -defined, basic forms (no iterations) plus 9 customized forms with up to 2 iterations per form for a total of 15 forms for horizontal water assets. Iterations desired for pre -defined forms to utilize MSP Predefinedforms Theseformscomeas -is andarenot iteratedon by our SedaruServicesteam. Theseforms canbe editedby the City using Sedaru Studio Form Designer without the aid of the Sedaru Services team depending on the City's license level The City' s annual MSP hours can be used for Studio training or form customization, as desired.
Basic Form A basic form is less than 16 inputs without complex functions such as validation, calculations, and if - then logic. o Sedaru will configure ( 1) universal service order form for creating and completing Enquesta work orders in Sedaru.
o Includes OMNI standard work order KPIs per asset type Open, Closed, Closed Last Month, Closed Last Year, and Recently Completed + 30 additional customer -defined KPIs for creating managementdashboardsfor ease of querying, monitoring work, reporting, and presenting SCADA information.
Sedaru Connect Configuration
o Sedaru will connect to one Enquesta work order table ( hosted in SQL database or similar) via a one-way REST service endpoint connection. This does not include a direct or bi- directional integration with Enquesta. o DigAlert configuration assumes an integration with ( 1) DigAlert member code
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o DigAlert configuration includes auto -assignby person/group or location for incoming DigAlert tickets, implementedat the City's discretion. o Sedaru will work with the City' s GIS & IT teams to install uBolt on the customer' s server for a secure, one-way, read-only connection with ( 1) SCADA historian and configure up to 100 SCADA tags for viewing and trending in Sedaru.
o Sedaru has included costs for ( 2) Windows 10 Panasonic Toughbooks for use by the City' s Wachs valve crews.
City will provide the appropriate functional and technical resources to support the Sedaru Team as outlined in this scope of work.
City will provideSedaruwith dataasrequestedwithin 5 businessdaysor asreasonably agreed upon by both parties.
Sedaruwill usedataasprovidedby City Creating, editing, and/or cleanupof datais additional, andmay utilize the City' sMSP asdesired.
Sedaruwill deploy compatible with Windows and iOS devices and operating systems, including iPhones
City will haveall necessaryhardwarerequiredfor useracceptanceandtestingperagreed upon schedule
Task 4 — Training
Tasks
4 1 Cutover from Dev to Production, Testing, and Rollout
4. 2 Provide ( 1) 2-hr online or one on -site classroom -style training session for system administrator( s) and manager( s)
4.3 Provideup to (6) 2-hr onlineor on -site classroom -styletrainingsessionsfor field and office staff
Deliverables
User manuals for system administrators
User manuals for field and office staff
Product how- to videos
Approach
Training & Documentation — During each step of the implementation, the Sedaru team will be providing handson demonstrationand informal training sessionsfor key aspectsof the Sedaru softwareplatform. As the City is ready to go live with Sedaru, (1) 2-hr online or onsite training sessionfor administrators/managersandupto (6) 2-hr onlineor onsitetrainingswill beprovided for field and office staff. Training sessionswill be handson sessionsand designedto cover each aspectof Sedaruin detail, customizedfor eachgroupwithin eachdepartment. A mutuallyagreed upontraining agendawill bedevelopedin theweeksleadingup to thetraining.
Sedaruhasdevelopedruggedized, 1-page "cheatsheets" that serveasuserguidesfor the field crews. This type of documentation has proven both effective and durable, for LADWP and EBMUD, as Sedaruhas successfully deployed more than 200 field usersfor thesecustomers, which remain active, consistent, and frequentuserstoday Similar documentationwill be provided herein, for City field staff ongoing reference and use Consistent with the RFP 13 L.\ ca\djm\ Agreements\SedaruInc Agreement.PS-1 1.FY20- 0129.doc.jn Redlands Regular Meeting of 12/06/2022
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requirements, a full user manual or easy -to -follow user guides and how-to videos will also be provided.
Assumptions
How-to videos will be available using Sedaru's support portal (these are general, not customized training videos)
If onlinetrainingis providedvs. onsite, additionalCity -specifictrainingvideosmay be availablefor on -going useby City staff.
Sedaruwill provide 1-page "cheatsheets" for field staff and up to 10hard copies of the user/ admin manuals.
Task 5 — Ongoing Support
Tasks
5 1 3-year, Platinum Level, Managed Services Program ( MSP) Deliverables
Softwareupdatesandupgradeswhen applicable, with currentlicensing Approach
A current Sedarulicenseprovidesongoing supportfor softwareupdatesandtechnicalsupportfor the duration of theterm of the license For this Project, that would reflect a 3-yearterm.
Managed Services Program — Sedaruproposesto complementtheproposeddeliverableswith a Silver Level Managed Services Program ( MSP), allowing the City to realize significant cost savings, while promoting continueddevelopmentof the assetmanagementsystem, including and not limited to, integration with the City' s Esri environmentthrough Portal with single sign -on, work order and field data collectionform and work order configuration, key performance indicators, additionalsupportedintegrations, andgrowthwithin the Sedaruplatform. The MSP will also provide strategic consulting and training for newly hired staff or those that might require refresher training.
Sedaru Studio will also be made available to City staff Sedaru Studio allows for the self - configuration of Sedaru Fieldforce forms, management of users, and overall Sedaru administration.
Customer Success — After Go -Live, the SedaruCustomerSuccessteamwill takeoverongoing support responsibilities. The Customer Success Team can be contacted via either telephone, email, or websiterequestto addressusers' questions, functionalityissues, or otherissuesMost technical support inquiries are resolved within 24 hours of being received. Customer Success monitors overall usagefor eachcustomerto ensurethey are getting maximum value from their Sedaruinvestment. Monthly usagereportscan be madeavailableto City leadershipupon request.
Sedarucelebratesandchampionsyoursuccess, with theability to monitorandpromotegeneral usageasshown. We will notify you upon successandothertypesof trends.
Assumptions
MSP terms areincludedin SectionH of this proposal
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Any work not specificallydefinedin this proposalwill be establishedas predefined projects or taskswith agreed -uponscopesof work aspart of the City' sMSP 15 L.\ ca\djm\ Agreements\SedaruInc Agreement.PS-1 1.FY20-0129.doc.jn Redlands Regular Meeting of 12/06/2022
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EXHIBIT " B"
PROJECT SCHEDULE
Tasks Proposed
Hours
Start Complete Cumulative
Months
Discovery 124 6/ 21/ 2021 8/ 6/ 2021 1 5
Implementation Plan 40 8/ 9/ 2021 9/ 3/ 2021 2 5
System Implementation 331 9/ 6/ 2021 1/ 3/ 2022 6 5
Training 48 1/ 10/ 2022 2/ 11/ 2022 7 5
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EXHIBIT " C"
SERVICE COST
Software or Services Item Proposed'
Sedaru Software ( annual)
Sedar MSP (3-years)
Sedaru Services ( one- time)
58, 400
14, 760
109, 632
3-yr Contract
FINAL
Year 1
49, 932 $ 49, 932
5, 600. 5, 600
98, 669 98, 669
Year 2
49, 932
5, 600
so
Year 3
49, 932
5, 600
so
Subtotals 154, 201 55, 532 55, 532
Total 3-yr Contract FINAL 265,2651
Software
Total Licenses
Description
License per named user
Quantity,
Annual Cost
23 Sedaru OMNI & Dispatch, track, trend, monitor, and report -on proactive and 28, 500 Fieldforce for Water corrective work orders, with manual and automated reminders. 19 users) Complete work orders and field data collection for the enterprise Sedaru OMNI Viewer Managers Dashboard to view, monitor, and access data from 2, 400 4 users) Sedaru OMNI for work getting completed and data integrated into the centralized AM system
Sedaru Outage Respondto leaks, breaks, and plannedoutagesknowing which 6, 000 all users) valve to close, hydrants to flush, and customers out of service Track water loss and automate leak reports.
Sedaru Connect for
CA DigAlert ( all
users)
Receive DigAlert tickets in real- time, dispatch ticket, locate, resolve, and automate Positive Response
7, 700
Sedaru Connect for Remote control the Wachs valve machine, automatically 5, 400 Wachs Valve download valve data into Sedaru Fieldforce
Machine
2 trucks)
Sedaru Connect for One- way, secure integration to consume up to 100 SCADAtags 4, 800 Wonderware
all users)
into SedaruOMNI for trending, alerting, and reporting.
Sedaru Connect REST One-way Sedaru endpoint provided to consume Enquesta data 3, 600 service endpoint for based on implementation service assumptions made below This Enquesta connection does not include a direct, or a bi- directional integration with 1 user) Enquesta
Sedaru Studio Sedaru administration, authorization & configuration application Included 1 user)
Software Total Proposed: 58, 400
Software Total FINAL: 49, 932*
See Final Cost Summary table above
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Item # Cost Category or Item ( Task) Labor Category unitshours) re-
Uo
iis
17. oU
o
o
Task 1 Discovery
Technical Advisor/ QA- QC 8 216 1, 728
Project Manager 70 197 13, 790
Systems Integrator/ Sr Implementer 38 180 6, 840
GIS Technician/ Implementer 8 170 1, 360
Travel Copying, Mapping Computer Software 2, 000
Total Task 1 $ 25, 718
1. 1 Hold a kickoff meeting with IT Engineering, Water Distribution and Production staff 14 3, 708 1 2
Discovery Workshops and interviews with various key staff to learn City's business processes and needs
40 8, 484
1. 3 Develop Needs Assessment document 32 6, 104
1. 4 Submit data request list based on outcomes of Project Kickoff and Discovery Workshops
4 754
1. 5 Provide monthly status updates with the progress payment requests 12 2, 364
1. 6 Overall project management throughout the project duration 22 4, 304 Deliverables:
Kickoff meeting agenda and meeting minutes
Needs Assessment Document, including current GIS Entity Relationship Diagram Data Request List
Sedaru test environment
Detailed monthly status updates for each sub -task
Task 2 Implementation Plan
Technical Advisor/ QA- QC 2 216 432
Project Manager 14 197 2, 758
Systems Integrator/ Sr Implementer 24 180 4, 320
GIS- Technician/ Implementer 0 170 0
Travel, Copying Mapping Computer Software g
Total Cost Task2 $ 7, 510
2. 1 Develop Implementation Plan 40 7, 510
Deliverables
Implementation Pion
Task 3 System Implementation
Technical Advisor/ QA- QC 6 216 1, 296
Project Manager 30 197 5, 910
Systems Integrator/ Sr Implementer 279 180 50, 220
GIS Technician/ Implementer 16 170 2, 720
Travel, Copying. Mapping, Computer Software 6, 380
Total Cost Task 3 $ 66, 526
3. 1 Setup Sedaru hosted GISenvironment for initial configuration and testing 20 3, 600
3. 2 Sedaru OMNI and Fieldforce Configuration 148 26, 984
3. 3 Sedaru Outage Configuration 43 7, 880
3. 4 Sedan' Connect for Wachs Configuration 14 8, 900
3. 5 Sedan' Connect for DigAlertConfigumtion 34 6, 120
3. 6 Sedaru Connect for SC4DAConfigumtion 46 8, 154
3. 7 User Acceptance and Testing 26 4, 888
Deliverables.
Fully configured water system management software
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Task 4 Training
Technical Advisor/ QA- QC 0 216 0
Project Manager 14 197 2, 758
Systems Integrator/ Sr Implementer 34 180 6, 120
GIS Technician/ Implementer 0 170 0
Travel, Copying, Mapping, Computer Software 1, 000
Total Cost Task 4 $ 9, 878
4. 1 Cutoverfrom Dev to Production, Testing, and Rollout 18 3, 274 42 Provide ( 1) 2-hr online or on -site classroom -style training session for system administrator( s) and manager( s)
6 1, 648
4 3 Provide up to ( 6) 2- hr online or on -site classroom -style training sessions for field and office staff
24 4, 956
Deliverables:
User manuals for system administrators
User manuals for field and office staff
How- to Videos
Task 5 Ongoing Support Managed Services Program IMSP) 40 140 5, 600 Total Cost Task 5 $ 5, 600
5. 1 3-year Managed Services Program ( MSP), per year 40 5, 600 Deliverables
Ongoing support through Customer Success & MSP
SSoftware updates and upgrades when applicable
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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 againstliability to pay compensationby 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 uponfurnishing proof satisfactoryto the Director of Industrial Relations of ability to self -insure and to pay any compensationthat 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- insurancein accordancewith the provisions of that Code, andI will comply with suchprovisions before commencingthe performanceof the work and activities required or permitted under this Agreement ( Labor Code § 1861)
I affirm that at all times, in performing the work andactivities requiredor permitted under this Agreement, I shall not employ any personin any mannersuchthat I becomesubjectto the workers' compensationlaws of California However, at any time, if I employ any person such 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
SEDARU, INC
By
Ja e , Griffiths, V nance
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Aquatic Informatics Inc. Page 1 of 5
Confidential - Company Proprietary
Quote 00012639
Details: Created On: 21 Oct 2022
Expires On: 20 Nov 2022
Prepared For: City of Redlands
35 Cajon St. Suite 15a
P.O. Box 3005, Civic Center
Redlands, California 92373
United States
Submitted By: Dirk Edwards
[email protected]
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Aquatic Informatics Inc. Page 2 of 5
Confidential - Company Proprietary
Quote Summary
Product Sales Price Term Qty Total Price
Sedaru Platform User
Annual subscription for Sedaru Platform Users providing access to Operations Management and Network Intelligence (OMNI), Fieldforce for work and asset management and field data collection on a mobile device (iOS & Windows only), and other Sedaru modules that you subscribe to (e.g., 811, Wachs, Outage and Modeling).
$825.00 12 mos 11.0 $9,075.00
SDUPROFSVC
Sedaru Professional Services
Custom Professional Services. Please refer to attached Statement of Work for details.
$40,200.00 1.0 $40,200.00
Sedaru Connect Implementation: 811
Sedaru Connect for 811 implementation services for up to two (2) 811 Member Codes. Sedaru will implement 811 workflow with standard 811 forms with no iterations, for up to 2 member code(s), including positive response. Include auto-assign by location or person/group, implemented at the customer's discretion. Sedaru will setup up to 5 standard OMNI 811 KPIs. Sedaru will host one (1) 60-minute online training session which will be recorded for on-going use by your team, specific to 811 workflow.
Updating customer GIS data is not included with this service. Additional standard Professional Services are available for GIS updates.
$10,175.00 1.0 $10,175.00
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Aquatic Informatics Inc. Page 3 of 5
Confidential - Company Proprietary
Sedaru Platform Implementation: Sedaru Hosted GIS
(Advanced GIS Setup)
This service provides you with advanced GIS setup for Sedaru to host and serve your GIS data. Sedaru will host the Customer's Esri GIS data and serve through Sedaru OMNI. Sedaru will setup the customer's Esri GIS data in OMNI using standard Sedaru map symbology which can be customized with the Customer's symbology.
Assumptions & Limitations
- Customer will provide the appropriate functional and technical resources to support the Sedaru Team as outlined in this scope of work. - Customer will provide Sedaru with data as requested within 5 business days. Sedaru will use data as provided by Customer. Creating, editing, and/or cleanup of data is additional.
- All Services will be performed remotely by our Sedaru Team unless otherwise agreed to by all parties in advance of NTP. Any onsite services will be subject to time and expense reimbursement as additional. On-site training is not included in this scope of work. - Updating Customer GIS data is not included in this scope of work. If the Customer desires GIS updates, additional Standard Professional Services are available to be quoted. Below are additional services not included with this service:
a. Migration of historical data from other systems/tools. b. Integrations with other systems/tools.
c. Asset data collected in Fieldforce forms will not write back to GIS feature class attribute tables.
d. Customized reporting.
$5,550.00 1.0 $5,550.00
Summary of Products & Services
Software Licenses (One-Time License Fees): $0.00 USD
Professional Services (One-Time Service Fees): $55,925.00 USD Recurring Annual Fees (SaaS & SMA): $9,075.00 USD
GRAND TOTAL: $65,000.00 USD
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Aquatic Informatics Inc. Page 4 of 5
Confidential - Company Proprietary
Order Details
To proceed with a purchase, please sign this quote (preferably via Docusign) and provide us with a Purchase Order (PO) so we can process your order and provide you with payment instructions. Please email your Purchase Order to [email protected] and please reference quote 00012639.
Dirk Edwards
[email protected]
Aquatic Informatics Inc.
1999 Broadway, Suite 830
Denver, CO 80202
FEIN: 47-2917533
Terms and Conditions
By signing this quote, you are agreeing to the Aquatic Informatics' Terms and Conditions (located at https://aquaticinformatics.com/terms-conditions/) and online Service Offering and Service Level Agreement (see links below). This agreement is made between the customer named above ("Subscriber") and Aquatic Informatics Inc., having an address at 1999 Broadway, Suite 830, Denver, CO 80202 ("Provider"), and sets forth the terms and conditions o n which Aquatic Informatics will supply Products and Services to the customer.
All Aquatic Informatics Software, Except WIMS:
• SaaS: Services Offering and Service Level Agreement
https://aquaticinformatics.com/saas-service-offering/
• On-Premise: Software License Agreement
https://aquaticinformatics.com/on-premise-software/
WIMS Software Only:
• SaaS: WIMS Online Services Offering and Service Level Agreement https://aquaticinformatics.com/wims-online-saas/
• On-Premise: WIMS On-Premise Software License Agreement https://aquaticinformatics.com/wims-on-premise/
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Aquatic Informatics Inc. Page 5 of 5
Confidential - Company Proprietary
Electronic Acceptance
Expiration Date: Must be signed by 21 Nov 2022
Subscriber: City of Redlands
Subscriber Signature: Per:
Name:
Title:
Date:
Subscriber Details: Company: City of Redlands
35 Cajon St. Suite 15a
P.O. Box 3005, Civic Center
Redlands, California 92373
United States
Provider: Aquatic Informatics
Provider Signature: Per:
Name:
Title:
Date:
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Confidential - Company Proprietary
Statement of Work
City of Redlands Sedaru Implementation
August 4, 2022| Prepared by: Jennifer Wood, PE
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Statement of Work – Sedaru Implementation | 2
Confidential - Company Proprietary
Table of Contents
Introduction 3
Statement of Work 3
Task 1: Kickoff 3
Task 2: Discovery 3
Task 3: Build 4
Task 4: Deploy and Train 4
Task 5: Post Rollout Support 5
Summary 5
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Statement of Work – Sedaru Implementation | 3
Confidential - Company Proprietary
Introduction
The City of Redlands (City) currently uses Sedaru as the work and asset management system for their water distribution and production assets . They are looking to implement Sedaru for the public works and stormwater departments to move away from paper workorders and to implement an enterprise work order and asset management solution at the City.
This statement of work includes the tasks necessary to deploy Sedaru OMNI and Fieldforce in the public works and stormwater departments to manage asset types such as: storm drain s, storm inlets, traffic lights, streets, sidewalks, catch basins, streetlights, and street signs.
Statement of Work
Task 1: Kickoff
Sedaru will host a 2-hr, online kickoff meeting to introduce our teams, review project scope and schedule.
Sedaru will provide an overview of the Sedaru OMNI & Fieldforce solution focusing on the core product functionality for public works and stormwater.
Sedaru will also introduce the City to Aquatic Academy , a state-of-the-art learning management system for superior customer education and training. Aquatic Academy provides all potential Sedaru users with tools to be more efficient and productive with Fieldforce and OMNI, to deliver more value to the entire team. Aquatic Academy also provides the team with exposure to Fieldforce and OMNI early in the project that will encourage overall adoption.
Assumptions & Limitations
• City will designate a project manager for the duration of the project. • All internal City stakeholders are identified prior to the kickoff meeting and are in attendance to ensure a successful start to the project.
• City will provide the appropriate functional and technical resources to support the Sedaru Team as outlined in this scope of work.
• All Services will be performed remotely by our Sedaru Team unless otherwise included in this scope of work and agreed to by all parties in advance of a Notice to Proceed. • Any onsite services will be subject to time and expense reimbursement as additional.
Task 2: Discovery
Sedaru will submit a data request list and work with the City’s power user(s) to select workflows from Sedaru’ s library of pre-defined, basic and/or standard forms and define the remaining workflows. Sedaru will conduct (2) 1-hour, online Discovery workshop with the City’s power user(s) in each department to walk through the selected workflows for use in OMNI & Fieldforce.
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Statement of Work – Sedaru Implementation | 4
Confidential - Company Proprietary
Assumptions & Limitations
• Subject matter experts (SMEs) in the public works and stormwater departments are available and designated as the City’s power users.
• City will provide Sedaru with requested data within 5 business days. Sedaru will use data as provided by the City. Creating, editing, and/or cleanup of data is additional.
Task 3: Build
Sedaru will build up to 5 pre-defined, basic and/or standard forms and 5 custom basic and/or standard forms selected during Discovery for up to 8 horizontal asset types for a total of 10 forms.
Each pre -defined form comes as -is with no iterations, and each custom basic and/or standard form includes 1 iteration. Minor form revisions can be handled using post -rollout support hours or the City’s Managed Services Program (MSP).
Assumptions & Limitations
• The City’s power users/managers are available to attend the OMNI metric session. • Definitions
o Predefined forms: These forms come as-is and will not be iterated on by our Sedaru Services team. These forms can be edited by the Customer using Sedaru Studio Form Designer without the aid of the Sedaru Services team.
o Basic Form: A basic form is less than 16 inputs without complex functions such as validation, calculations, or logic.
o Standard Form: A standard form is less than 31 inputs without logic and can include input validation and up to 3 calculations.
Task 4: Deploy and Train
Following implementation of the City’s selected workflows, Sedaru will conduct a 2 -hr online workshop with the City’s power users for each department to review the implemented workflows and guide the City’s power users through the setup of essential work order metrics in OMNI focusing on best practices and recommendations. Following the workshop, the City will be able to create additional metrics on their own directly in OMNI.
Sedaru will host up to (4) 2-hr, on-site training sessions for all users with a primary focus on the City’s implemented workflows in OMNI and Fieldforce , including a manager-specific OMNI and Studio training session.
Assumptions & Limitations
• Prior to the on-site training session, the City’s users will have completed OMNI and Fieldforce training in Aquatic Academy.
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Statement of Work – Sedaru Implementation | 5
Confidential - Company Proprietary
• On-site training sessions can be split up into a maximum of 2 separate days with a minimum of 4 hours per day.
Task 5: Post Rollout Support
Includes up to 8 hours of post-rollout support hours. Post rollout support hours can be used for Sedaru to make updates or changes to OMNI or Fieldforce workflows in the first 14 days following rollout.
Assumptions & Limitations
• Any updates after the first 14 days following rollout will require a separate scope of work. • Updating the City’s GIS data is not included in this scope of work. If the City desires regular GIS updates, the City’s annual MSP hours may be used for updates, subject to the City’s MSP level and the desired update frequency.
Summary
Item
Task 1: Kickoff
Task 2: Discovery
Task 3: Build
Task 4: Deploy and Train
Task 5: Post Rollout Support
Project Management
Total $40,200
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1 L:\ca\Agreements\Sedaru_Agreement_First_Amendment-FY22-0070.docx-jm
FIRST AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This first amendment (“First Amendment”) to the agreement for professional services for implementation of an asset management system dated June 15 , 202 1 (“Agreement”) , by and between the City of Redlands, a municipal corporation and a general law city (“City”), and Sedaru, Inc., a Delaware corporation (“Consultant”), is made and entered into this 6th day of December, 2022.
RECITALS
WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement, specifically to expand the scope of services; and
WHEREAS, it is the desire of the City and Consultant to increase the service fee.
NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledge City and Consultant agree as follows:
AGREEMENT
Section 1. Section 1.1 of the Agreement, entitled “Agreement to Perform Professional Services,” is hereby amended to read as follows:
1.1 “City hereby engages Consultant to produce and provide to City a water distribution and production and street maintenance asset management system for City (the “Services”).”
Section 2. Section 5.1 of the Agreement, entitled “ Agreement to Perform Professiona l Services,” is hereby amended to read as follows:
5.1 “Total compensation for Consultant’s performance of the Services shall be in an amount not-to-exceed three hundred thirty thousand two hundred sixty-five dollars ($330,265). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit “C,” titled “Service Cost,” which is attached hereto and incorporated herein by reference.”
Section 3. Exhibit “A” of the Agreement, entitled “Agreement to Perform Professional Services,” is hereby amended to incorporate the expanded scope of services attached hereto as “Exhibit A”.
Section 4. Exhibit “C” of the Agreement, entitled “Agreement to Perform Professional Services,” is hereby ame nded to incorporate the additional cost for services attached hereto as “Exhibit C”.
Section 5. All other provisions of the Agreement shall remain unchanged by th is First Amendment and in effect.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of December 6, 2022.
CITY OF REDLANDS SEDARU, INC.
________________________________ By: ________________________________ Paul T. Barich, Mayor James Griffiths, VP Finance
ATTEST:
__________________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting I. 16.
DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Reject all bids for the Sunset Temporary Reservoir Replacement Project (Municipal Utilities and Engineering Director Harris) MOTION(S):
If City Council determines the staff recommendation is appropriate, the following motion is provided:
I move that City Council reject all bids received for the Sunset Temporary Reservoir Replacement Project.
RECOMMENDATION:
Staff recommends City Council reject all bids received for construction of the Sunset Temporary Reservoir Replacement Project.
DISCUSSION:
In July 2022, Richard Brady and Associates, Inc. (Brady) completed a Condition, Seismic, and Structural Assessment (Assessment) for water facilities located throughout the City. The Assessment recommended the replacement of the three (3) million gallon Sunset Reservoir. A temporary reservoir will need to be constructed prior to demolishing and reconstructing the existing reservoir in order to provide uninterrupted water service throughout the project. The proposed temporary tank is a 750,000 gallon above ground factory-coated bolted carbon steel tank.
Brady prepared plans and specifications and City staff advertised the Project on July 15, 2022. On August 17, 2022, the City Clerk's office received and opened the following seven (7) Project bids:
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BID OPENING REPORT SUMMARY
Bidder Total Bid Amount
1. Canyon Springs Enterprise, Temecula, CA $1,698,000
2. Borden Excavating, Inc., Calimesa, CA $1,855,500
3. Vicon Enterprises, Inc., Anaheim, CA *$1,986,500
4. R2Build, Laguna Hills, CA $1,900,000
5. Spiess Construction, Santa Monica, CA $2,003,800
6. MMC, Inc., La Palma, CA *$2,048,000
7. AID Builders, Los Alamitos, CA $2,853,560
*An arithmetic error was discovered in the bid proposal. Total bid amount was corrected but did not affect ranking.
The Project requires an Initial Study/Mitigated Negative Declaration (IS/MND) environmental document prior to California Water Board Division of Drinking Water (DDW) permit approval, which will take approximately 6 to 8 months to complete. The Project bidders will not honor their bid prices for this long.
Therefore, staff recommends rejecting all bids and postponing the Project until the IS/MND is complete and a DDW permit is issued.
ALTERNATIVES:
City Council may elect to deny the staff recommendation.
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
Goutam K. Dobey, City Engineer
PREPARED BY:
Veronica Medina, Associate Engineer
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Fiscal Impact
Discussion:
There is no fiscal impact associated with this action.
Attachments
Bid Opening Report
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City Council/Successor Agency Meeting I. 17.
DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the First Amendment to the Professional Services Agreement with Dudek for the Hinckley Water Treatment Plant Sludge Press Engineering Project (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If City Council determines the staff recommendation is appropriate, the following motion is provided:
I move approval of a First Amendment to the Professional Services Agreement with Dudek for the Hinckley Water Treatment Plant Sludge Press Engineering Project
RECOMMENDATION:
Staff recommends approval of a First Amendment to the Professional Services Agreement with Dudek for the Hinckley Water Treatment Plant Sludge Press Engineering Project.
DISCUSSION:
On April 19, 2022, City Council approved a Professional Services Agreement with Dudek for the Hinckley Water Treatment Plant Sludge Press Engineering Project. Although Dudek has worked diligently and has made significant progress, the project will not be completed before the December 31, 2022 agreement deadline. Therefore, staff recommends City Council approval of a First Amendment to the Agreement that will extend the project completion deadline to December 31, 2023. No other agreement revisions are proposed.
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ALTERNATIVES:
City Council may deny the staff recommendation.
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
PREPARED BY:
John R. Harris, Municipal Utilities and Engineering Director Fiscal Impact
Fiscal Year: FY 22/24
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: Y
Discussion:
There is no fiscal impact associated with this action.
Attachments
Dudek Agreement First Amendment
Dudek Agreement
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FIRST AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This First Amendment (“First Amendment”) to the Hinckley Water Treatment Plant Sludge Press Engineering Project Agreement to Perform Professional Services (“Agreement”), dated April 19, 2022, by and between the City of Redl ands, a municipal corporation and a general law city (“City”), and Dudek (“Consultant”), is made and entered into this 6th day of December 2022.
RECITALS
WHEREAS, it is the desire of the City and Consultant to amend Article 4.2 of their existing Agreement specifically to extend the date for termination of the Services to December 31, 2023;
NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledged the City and Consultant agree as follows:
AGREEMENT
Section 1. Section 4.2 of the Agreement, titled “Performance of Services,” is her eby amended to read as follows:
“4.2 Consultant shall complete the Services by December 31, 202 3, unless the Services are terminated earlier as provided for herein.”
Section 2. All other provisions of the Agreement 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 December 6, 2022.
CITY OF REDLANDS DUDEK
________________________________ By: ________________________________ Paul T. Barich, Mayor Bob Ohlund, P.E., Vice President
ATTEST:
__________________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting I. 18.
DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the agreement with the San Bernardino County Sheriff's Department to provide pre-employment polygraph examinations for applicants and to authorize the Chief of Police to execute the agreement (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 with the San Bernardino County Sheriff's Department to provide pre-employment polygraph examinations for applicants and to authorize the Chief of Police to execute the agreement.
RECOMMENDATION:
Staff recommends that Council approve the agreement between the City of Redlands and the San Bernardino County Sheriff's Department to provide pre-employment polygraph examinations for hiring applicants and to authorize the Chief of Police to execute the agreement.
DISCUSSION:
Due to access to sensitive material and information, most every employee that works for the Redlands Police Department (RPD) has to undergo some sort of background investigation. Most background investigations involve the applicant being administered a pre-employment polygraph examination. For the past several years, RPD has utilized the services of a private polygrapher. Due to the number of potential hiring applicants coupled with the fact that RPD only has an agreement with one polygrapher, staff from RPD feels it is imperative to retain an additional contract polygrapher to administer pre-employment polygraph examinations for RPD.
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Staff researched the matter and determined the San Bernardino County Sheriff's Department (SBCSD) offers polygraph services for hiring applicants. RPD currently uses staff from SBCSD to perform polygraph examinations for criminal investigations. RPD has been very pleased with the services provided by the SBCSD polygraphers. The cost of each pre-employment polygraph administered by the SBCSD will be $200 which is in the fair market price range for pre-employment polygraph examinations. The addition of SBCSD will ensure timely processing of applicants. The agreement runs through June 30, 2025.
ALTERNATIVES:
Do not approve the agreement.
STRATEGIC PLAN:
Not applicable
SUBMITTED BY:
Christopher 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 of Police
Fiscal Impact
Fiscal Year: 22/23
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: Y
Discussion:
The money to pay for pre-employment polygraph testing has already been budgeted in this year's budget.
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Attachments
SBCSD Agreement
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L:\ca\Agreements\SBCSD SHERIFF_Polygraph Agreement-FY22-0063.docx-jm
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 Redlands PD
Contractor Representative
Telephone Number
Contract Term 12/07/2022 – 06/30/2025
Original Contract Amount Fee for Service
Amendment Amount --------
Total Contract Amount Fee for Service
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, CONTRACTOR is a recognized public entity organization and desires to contract for polygraph services; AND
WHEREAS, COUNTY can provide said service through the Sheriff /Coroner/Public Administrator’s Department (hereinafter referred to as “SHERIFF”);
NOW, THEREFORE, the parties mutually agree as follows:
A. SCOPE OF AGREEMENT
A.1 SHERIFF shall administer pre -employment polygraph examinations for CONTRACTOR’s employment applicants, as requested by CONTRACTOR.
A.2 SHERIFF will supply to CONTRACTOR pre -polygraph questionnaires to be completed by each applicant prior to the polygraph examination.
A.3 Upon receipt, by SHERIFF, of completed questionnaire(s), each applicant will be scheduled for a pre-examination interview and polygraph examination. If during the examination significant Contract Number
SHR - YY-
SAP Number
N/A
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response is noted, the examiner will condu ct a post -test interview in an attempt to obtain admissions by applicant. Additional testing may be conducted at that time as needed.
A.4 Upon completion of the polygraph examination, a written report will be submitted to CONTRACTOR by SHERIFF, within five (5) working days.
A.5 If audio/video records are required, CONTRACTOR shall provide to SHERIFF all digital video discs (DVD) required for examination purposes.
A.6 The Sheriff of San Bernardino County, or his duly authorized designee, shall control the assignment of polygraph examiners under this Agreement, at his sole discretion. In all i nstances, a fully qualified and licensed polygraphist shall be assigned.
A.7 Normal duty hours of polygraph examiners for purposes of this Agreement shall be Monday through Friday from 7:00 a.m. until 5:00 p.m.
B. TERM AND TERMINATION
The term of this Agreement shall be for a period commencing on July 1st, 202 1, or upon the date of approval by the SHERIFF, whichever is later, and ending on June 30, 2025 . 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.
SHERIFF shall have the authority to exercise the COUNTY’s rights and authority under this Agreement, including the right to give notice of termination of this Agreement, at his sole discretion.
C. FISCAL PROVISIONS
C.1 In consideration for services performed by SHERIFF, CONTRACTOR agrees to pay a sum of $200.00 per examination, or the most current rate established by the COUNTY, updated July 1 of each year. CONTRACTOR will be invoiced monthly for all examinations admin istered during the prior month. Payment shall be due within forty-five (45) days from the date of each invoice.
C.2 CANCELLATION POLICY: CONTRACTOR agrees to pay the full cost of any scheduled polygraph examination unless the appointment has been cancel led more than twenty-four (24) hours prior to the scheduled time, by calling the SHERIFF’s Specialized Investigations Division at (909) 387-0625.
D. INDEMNIFICATION AND INSURANCE REQUIREMENTS
D.1 Mutual Indemnification
The CONTRACTOR agrees to indemnify, defend, and hold harmless the COUNTY and its authorized officers, employees, agents, and volunteers (Indemnitees) from any and all claims, actions, losses, damages, and/or liability arising from CONTRAC TOR’s negligent acts, errors or omissions, including, but not limited to, acts, errors, or omissions concerning referral for polygraph testing, obtaining any necessary consent for the procedures to be performed under this Agreement, and/or the use or disse mination of the polygraph, interview, or pre -polygraph questionnaire results, and for any costs or expenses incurred by COUNTY on account of any claim therefor, except where such indemnification is prohibited by law.
The COUNTY agrees to indemnify and hold harmless the CONTRACTOR and its authorized agents, officers, volunteers, and employees against any and all claims or actions arising from Redlands Regular Meeting of 12/06/2022
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COUNTY’s negligent acts or omissions in administering the polygraph tests, int erviews, and pre- polygraph questionnaires and for any costs or expenses incurred by CONTRACTOR on account of any claim therefor. Notwithstanding the above indemnity, in no event will the COUNTY be in any way responsible or liable for the acts, errors, or omissions of the persons referred for polygraph testing, nor will COUNTY be in any way responsible or liable for CONTRACTOR’s use or dissemination of any data or reports provided to the CONTRACTOR regarding the polygraph testing and/or interviewing or failure to obtain any required consent to the polygraph testing or use or dissemination of test, interview, or questionnaire results.
D.2 Waiver of Subrogation Rights
The CONTRACTOR shall require the carriers of 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.3 Comparative Fault
In the event that the COUNTY and/or CONTRACTOR are determined to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, the COUNTY and/or CONTRACTOR shall indemnify the other to the extent of its comparative fault.
D.4 Self-Insurance
COUNTY and CONTRACTOR are authorized self -insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against l iabilities arising out of the performance of the terms, conditions or obligations of this Agreement.
E. 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 wr iting 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 Number: (909) 387-3444
City of Redlands
Redlands Police Department
30 Cajon Street
Redlands, CA 92373
[email protected]
Notice shall be deemed communicated two (2) COUNTY working days from the time of mailing if mailed as provided in this paragraph.
F. ENTIRE AGREEMENT
This Agreement represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promise, 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. Any amendment to this Agreement shall be in writing signed by both parties.
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IN WITNESS WHEREOF, San Bernardino County and the Contractor have each caused this Agreement to be subscribed by its respective duly authorized officers, on its behalf.
Redlands Police Department San Bernardino County Sheriff’s Department
Contractor Authorized Signature Sheriff-Coroner Authorized Signature
Name of person signing agreement (print or type) Name of person signing agreement (print or type)
Title Title
Date Date
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City Council/Successor Agency Meeting I. 19.
DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the agreement between the City of Redlands and Nationwide Mutual Insurance Company for the Redlands Police Department to utilize a vehicle from Nationwide Mutual Insurance Company in specialized investigations involving GPS technology (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 Nationwide Mutual Insurance Company for the Redlands Police Department to utilize a vehicle from Nationwide Mutual Insurance Company in specialized investigations involving GPS technology.
RECOMMENDATION:
Staff recommends that Council approve the agreement between the City of Redlands and Nationwide Mutual Insurance Company for the Redlands Police Department to utilize a vehicle from Nationwide Mutual Insurance Company in specialized investigations involving GPS technology.
DISCUSSION:
The Redlands Police Department (RPD) has been conducting specialized investigations using GPS technology to address crime trends in the community.
To date, the program is responsible for the arrest of over 300 individuals for crimes such as armed robbery, vehicle burglary, metal theft, bike theft, laptop theft, wire theft, and credit card skimming. In 2015, the City entered into an agreement with Nationwide for a loan of a vehicle to RPD to be used in specialized operations involving GPS technology. In 2020, the vehicle that Nationwide provided to RPD was no longer operable and was returned to Redlands Regular Meeting of 12/06/2022
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Nationwide provided to RPD was no longer operable and was returned to Nationwide. Recently, Nationwide approached RPD to inform them they had a 2019 Ford Fusion with extremely low mileage that was available for similar operations. RPD staff evaluated the vehicle and determined it was suitable for GPS operations.
Per the two-year agreement, if RPD were to dispose of the vehicle, RPD must return it to Nationwide. Nationwide recognizes the risk of loss or damage to the vehicle associated with specialized vehicle deployments and will not require RPD to restore the vehicle to its original condition when it is returned. While the vehicle is in the possession of RPD, the City of Redlands will be responsible for any routine maintenance.
ALTERNATIVES:
Do not approve the agreement
STRATEGIC PLAN:
Not applicable
SUBMITTED BY:
Christopher 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
PREPARED BY:
Travis Martinez, Deputy Chief of Police
Fiscal Impact
Fiscal Year: 22/23
Revenue Generating: N
Appropriation Required Y/N: N
Amount: 0
Budgeted Y/N: N
Discussion:
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Other than routine maintenance, registration, and insurance costs, this agreement will not result in a fiscal impact to the City.
Attachments
Agreement
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1 L:\ca\Agreements\Nationwide_VUA-FY22-0064.docx-jm
VEHICLE USE AGREEMENT BETWEEN THE CITY OF REDLANDS AND NATIONWIDE
MUTUAL INSURANCE COMPANY
THIS VEHICLE USE AGREEMENT (“Agreement”), entered into this 6th day of December, 2022, by and between the City of Redlands, a municipal corporation (hereinafter referred to as "City of Redlands") acting by and through the Redlands Police Department (“RPD”) and NATIONWIDE MUTUAL INSURANCE COMPANY (“NATIONWIDE”) . City of Redlands, RPD and NATIONWIDE are sometimes individually ref erred to herein as a “Party” and, together, as the “Parties.” The Parties agree as follows:
1. NATIONWIDE will provide to the RPD, a 2019 Ford Fusion , VIN:
3FA6P0G77KR177470 (the “vehicle”), for use exclusively by the RPD in pursuit of law enforcement activities related to the investigation of insurance fraud or an insurance related crime. Any use of the vehicle by the RPD that is outside of the specific scope set forth herein, is a material breach of this Agreement upon which NATIONWIDE may terminate this Agreement and require the return of the vehicle.
2. The RPD understands and acknowledges that it is accepting the vehicle "as is." NATIONWIDE is not making nor has made any representations regarding the condition of the vehicle. The RPD has had reasonable opportunity to inspect the vehicle and, by executing this Agreement, accepts the condition of said vehicle. Prior to or within forty - eight hours (48) of the execution of this Agreement, NATIONWIDE will transfer title of the vehicle to the City of Redlands. The City of Redlands understands and acknowledges that it nor the RPD can use the vehicle until title has been properly transferred and recorded.
The City of Redlands agrees and acknowledges that it currently has and will maintain insurance coverage for the vehicle equal to the insurance coverage for the RPD’s regular fleet.
3. In exchange for and in consideration of the use of the aforementioned vehicle, RPD agrees to provide NATIONWIDE with quarterly reports. These reports must include: 1) number of times the vehicle was deployed; 2) number of arrests made due to use of the vehicle; 3) current condition of the vehicle; and 4) number of vehicles recovered. These quarterly reports shall be sent to: Special Projects Consultant Robert DuVall . Failure to provide these reports is a material breach of this Agreement upon which NATIONWIDE may terminate this Agreement and require the return of the vehicle.
4. RPD further agrees to release, indemnify, and hold NATIONWIDE and its officers, directors, employees, agents, attorneys, affiliates and subsidiaries and their successors and assigns, harmless from any and all injuries, claims, losses, and expenses, including attorneys’ fees, experts’ fees, court costs and damages whatsoever arising out of or in any way related to, but not limited to, Nationwide’s furnishing of the vehicle to RPD, and any use, operation or maintenance of the vehicle described herein, during the term of this Redlands Regular Meeting of 12/06/2022
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Agreement. The RPD shall, at its own cost and expense, defend any and all suits which may be brought against NATIONWIDE, either alone o r in conjunction with others upon any such liability or claim or claims and shall satisfy, pay and discharge any and all judgments and fines that may be recovered against NATIONWIDE in any such action or actions, provided, however, that NATIONWIDE shall give the RPD prompt written notice of any such claims or demand.
5. The RPD further agrees to return the above -described vehicle immediately upon the conclusion of its auto theft investigation, within thirty days upon the request of NATIONWIDE or two (2) years after execution of the Agreement, whichever occurs earliest. If, after two (2) years, each Party herein has mutual interest in extending this Agreement, such extension can occur by written authorization from each Party.
6. The RPD will maintain the operability of the vehicle while in the possession of the RPD.
NATIONWIDE recognizes the risk of loss or damage to the vehicle associated with this agreement and will not require the RPD to restore the vehicle to its original condition or replace the vehicle in case of theft . The RPD agrees that, upon return of the vehicle to NATIONWIDE, it will transfer the vehicle’s title to NATIONWIDE.
7. A waiver by NATIONWIDE of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
8. This Agreem ent shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the Parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction ove r this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the state courts located in the County of San Bernardino, State of California and federal courts located in Riverside County.
9. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or i mplied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City of Redlands and NATIONWIDE.
10. This Agreement may be executed by facsimile (or other similar electronic transmission) and in counterparts, each of which shall be deemed to be an original, and both of which, taken together, shall constitute one agreement binding on both Parties. Notwit hstanding Redlands Regular Meeting of 12/06/2022
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the foregoing, each Party agrees to execute an original of this Agreement and to promptly provide the other Party with an original signature.
NATIONWIDE MUTUAL INSURANCE COMPANY
___________________________________ ______________ Signature Date
By: _______________________________
Title: ______________________________
THE CITY OF REDLANDS, CALIFORNIA (A Municipal Corporation)
___________________________________ ______________ Signature Date
By: _______________________________
Title: ______________________________
ATTEST:
____________________________________
Jeanne Donaldson, City Clerk
REDLANDS POLICE DEPARTMENT RECOMMENDATION FOR APPROVAL:
______________
Signature Date
By: ________________________________
Title: _______________________________
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City Council/Successor Agency Meeting I. 20.
DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Memorandum of Understanding (MOU) with the Inland Regional Narcotics Enforcement Team (IRNET) and authorize the Chief of Police to sign (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 Memorandum of Understanding (MOU) with the Inland Regional Narcotics Enforcement Team (IRNET) and authorize the Chief of Police to sign the MOU.
RECOMMENDATION:
Staff recommends that City Council approve the Memorandum of Understanding (MOU) with the Inland Regional Narcotics Enforcement Team (IRNET) and authorize the Chief of Police to sign.
DISCUSSION:
The Inland Regional Narcotic Enforcement Team is a major narcotic investigation team which is comprised of various San Bernardino County law enforcement officers and is spearheaded by the Sheriff's department. This team is also composed of several Federal and State investigators. By its diversity alone, IRNET has numerous resources that make it a premier investigative unit within the Southern California area. IRNET is the primary means by which the Redlands Police Department addresses the proliferation of dangerous drugs in the community.
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The Redlands Police Department has been a member of IRNET for decades.
Currently, the Department commits one full-time police officer to work with the team. IRNET has stemmed the flow of narcotics to Redlands streets through numerous mid and high- level investigations over the years. The officer assigned to the team gains valuable experience in investigative techniques and develops priceless contacts with local, state and federal partners that have proven useful in all types of investigations. As detailed in the MOU, the assignment of the officer to the team entitles the City to 3.502% of proceeds from assets forfeited during the investigations.
The current IRNET Memorandum of Understanding (MOU) signed by the Redlands Police Department was in May 2020. In September 2022, staff received an updated MOU from IRNET for review by the Department. The updates include the addition of another police department agency to the MOU, and updates to new department heads who have been installed in other agencies. No other changes were made to the MOU, and the distribution of forfeiture actions and seizures of assets remained at 3.502% (per officer) as stated in the previous MOU.
ALTERNATIVES:
Do not approve the IRNET Memorandum of Understanding or authorize the Chief of Police to sign.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
Christopher 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
PREPARED BY:
Rachel Tolber, Commander
Fiscal Impact
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Revenue Generating: Yes
Appropriation Required Y/N: N
Budgeted Y/N: N
Discussion:
There will be no impact to the General Fund.
Attachments
INRET Mou
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MEMORANDUM OF
UNDERSTANDING
Inland Regional Narcotics
Enforcement Team
(IRNET)
Revised 12/13/2021
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........................................................................................................................................................................... 1 ........................................................................................................................................................................... 1 MEMORANDUM OF ....................................................................................................................................... 1 UNDERSTANDING ......................................................................................................................................... 1 Inland Regional Narcotics .................................................................................................................................. 1 Enforcement Team ............................................................................................................................................. 1 (IRNET) ............................................................................................................................................................. 1 Revised 11/18/2019 ........................................................................................................................................... 1 ARTICLE I. NAME ........................................................................................................................................ 1 ARTICLE II. PURPOSE .................................................................................................................................... 1 ARTICLE III. EXECUTIVE BOARD ..................................................................................................................... 1 ARTICLE IV. AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING ............................................... 1 ARTICLE V. DISTRIBUTION FROM FORFEITURE ACTIONS AND SEIZURE OF ASSETS ..................................... 2 ARTICLE VI. ORGANIZATIONAL OPERATING PROCEDURES ....................................................................... 2 A. Site Location .......................................................................................................................................... 2 B. Structural Command .............................................................................................................................. 2 C. Case Initiation ........................................................................................................................................ 3 D. Enforcement Manpower ......................................................................................................................... 3 E. Prosecutorial Support ............................................................................................................................. 3
1. Cross-Designation of Attorneys ......................................................................................................... 3
2. Special Program Attorney .................................................................................................................. 3 F. Equipment Pool ...................................................................................................................................... 3 G. R
equest for Assistance ........................................................................................................................... 3 H. Reporting Format ................................................................................................................................... 4 I. Undercover Documents.......................................................................................................................... 4 J. Operating Standards ............................................................................................................................... 4 K. Personnel ................................................................................................................................................ 4 L. Life of this Agreement ........................................................................................................................... 4 ARTICLE VII. FISCAL PROCEDURE ............................................................................................................... 5 A. Special Appropriation Fund ................................................................................................................... 5 B. Asset Sharing ......................................................................................................................................... 5 ARTICLE VIII. ADMINISTRATIVE GUIDELINES ............................................................................................. 5 A. Case Information .................................................................................................................................... 5 B. Document Security ................................
................................................................................................. 6 C. Undercover Documentation ................................................................................................................... 6 D. Firearms ................................................................................................................................................. 6 E. Qualification .......................................................................................................................................... 7 F. Other Defensive Equipment ................................................................................................................... 7 Redlands Regular Meeting of 12/06/2022
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1. Handcuffs ........................................................................................................................................... 7
2. Equipment .......................................................................................................................................... 7
3. Protective Garments ........................................................................................................................... 7
4. Operation Jackets ............................................................................................................................... 7 G. Press Release .......................................................................................................................................... 7 H. Release of Information ........................................................................................................................... 7
1. General Information for Release ........................................................................................................ 8
2. Information NOT for Release ............................................................................................................ 8 I. Multi-Agency Administrative Concerns ................................................................................................ 8
1. Citizen Complaints ............................................................................................................................. 8
2. Employee Evaluation ......................................................................................................................... 8
3. Injuries Sustained On-Duty ................................................................................................................ 9
4. On-Duty Motor Vehicle Accidents .................................................................................................... 9 J. Administrative Policy ............................................................................................................................ 9 ARTICLE IX. INVESTIGATIVE GUIDELINES ....................................................................................................... 9 A. Outside Agencies - Requests For Assistance ......................................................................................... 9 B. Notification .......................................................................................................................................... 10 C. Undercover Operations ....................................................................................................................... 10
1. Preparation and Planning ................................................................................................................. 10
2. Determine Logistical Needs ............................................................................................................. 10 D. Use of Intoxicating Beverages/Drugs .................................................................................................. 12 E. Investigative Expenses ........................................................................................................................ 13
1. Narcotic Purchases ........................................................................................................................... 14
2. Program Maintenance ...................................................................................................................... 14
3. Operational Expenses ....................................................................................................................... 14 F. Confidential Informant Procedures ...................................................................................................... 14
1. Informant Files ................................................................................................................................. 14
2. Request Memorandum ..................................................................................................................... 15
3. Follow-up Memorandum ................................................................................................................. 15 G. Informant Identification ....................................................................................................................... 16 H. Planning Operations Involving Informants .......................................................................................... 16 I. Undesirable Informants ........................................................................................................................ 16 J. Shooting Incidents ............................................................................................................................... 17 K. Evidence ............................................................................................................................................... 17
1. Collection, Storage, and Testing ...................................................................................................... 17 ARTICLE X. FISCAL GUIDELINES ..................................................................................................................... 18 A. Payroll Checks and Balances ............................................................................................................... 18
1. Payroll .............................................................................................................................................. 18
2. Sick Time ......................................................................................................................................... 18 Redlands Regular Meeting of 12/06/2022
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3. Overtime .......................................................................................................................................... 18 B. Fiscal and Voucher Procedure ............................................................................................................. 18 ARTICLE XI. SIGNATURE PAGES ............................................................................................................. 19 California Department of Alcoholic Beverage Control ............................................................................... 19 Drug Enforcement Administration ............................................................................................................... 20 Federal Bureau of Investigations ................................................................................................................. 21 Montclair Police Department ....................................................................................................................... 22 Ontario Police Department .......................................................................................................................... 23 Redlands Police Department ........................................................................................................................ 24 Rialto Police Department ............................................................................................................................. 25 Riverside County Sheriff’s Department ....................................................................................................... 26 San Bernardino Police Department .............................................................................................................. 27 San Bernardino County Sheriff’s Department ............................................................................................. 28 U.S. Department of Homeland Security ...................................................................................................... 29
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ARTICLE I. NAME
The name of this organization shall be the Inland Regional Narcotics Enforcement Team (IRNET).
ARTICLE II. PURPOSE
The purposes of this organization are:
The identification and conviction of high- level drug traffickers and the seizure of assets derived through drug trafficking.
The targeting, investigation, and prosecution of individuals who organize, direct, finance, or otherwise engage in high- level drug trafficking enterprises, or money laundering with high priority emphasis on those subjects engaged in the importation of drugs for sale into San Bernardino and Riverside Counties.
Members will conduct coordinated drug enforcement efforts throughout the Inland Region, encouraging maximum cooperation between all law enforcement and prosecutorial agencies.
ARTICLE III. EXECUTIVE BOARD
An Executive Board will direct the affairs of this organization. The members of this Board will be the Sheriff of San Bernardino County, the Sheriff of Riverside County, the Chiefs of all participating Police Departments, and the Special Agents in Charge of the participating federal and state law enforcement agencies or their designees.
Starting January 1, 2022 , the IRNET Executive Board will attempt to meet on a bi-annual (2 times a year) schedule. Due to scheduling conflicts, it is difficult to forecast yearly bi-annual meeting dates; however, the Executive Board must meet annually at a minimum. All meetings are scheduled at the Sheriff’s Department Gangs/Narcotics Divisio n Commander’s request to maintain this requirement.
ARTICLE IV. AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING
The Executive Board may amend any Article of this Memorandum of Understanding by a two- thirds (2/3) vote of the quorum.
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ARTICLE V. DISTRIBUTION FROM FORFEITURE ACTIONS AND SEIZURE OF ASSETS
IRNET investigators shall conduct thorough investigations, to include identification of all assets qualifying for forfeiture proceedings. Civil and criminal forfeiture statutes will be explored i n every instance.
Assets seized federally are subject to an administrative cost, which is 20% for the Department of Justice or 30% for the Department of Treasury. Any forms submitted for equitable sharing by agencies outside of IRNET will reduce all IRNET partner agency percentages, according to equitable sharing guidelines. Assets seized under State law are subject to an administrative cost of 35% for the State of California.
It is agreed that each IRNET participating agency may submit a claim for an equitable share of any remaining funds based on the participating agenc y's respective contribution to the IRNET organization. IRNET participating agencies agree that each agency will be awarded 3. 502% per personnel assigned to IRNET . Sworn personnel assigned to IRNET are as follows: ABC – 1, Montclair PD – 1, Redlands PD – 1, Rialto PD – 1, Riverside SO – 1, Ontario PD – 1, San Bernardino PD – 1, San Bernardino County SO – 12. It is agreed that SBSD will receive an additional 21%, which will be returned to the IRNET program to cover operating costs, and an additional 12.462%, which will be used to pay Confidential Informants. Therefore, the agreed - upon equitable share of the assets seized shall be:
ABC Share –3.502%
San Bernardino PD Share – 3.502%
Montclair PD Share – 3.502%
Ontario PD Share – 3.502%
Redlands PD Share – 3.502%
Rialto PD Share – 3.502%
Riverside Sheriff’s Dept. Share – 3.502%
SBSD Share – 75.486%
All IRNET participating members will be responsible for submitting their forms on behalf of their agency for an equitable share of seized assets. All returned assets will be distributed under applicable federal and state law and follow the Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies.
ARTICLE VI. ORGANIZATIONAL OPERATING PROCEDURES
A. Site Location
The site location of this project will be as approved by the Executive Board.
B. Structural Command
The Sheriff’s Department, Gangs/Narcotics Division, will assign a designee with the rank of lieutenant or higher, which will be responsible for reporting directly to the Executive Board on all matters of IRNET concern.
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C. Case Initiation
All IRNET investigations shall regularly be reviewed by the Sheriff’s Department Gangs/Narcotics Division lieutenant or his designee. Areas of discretion in the setting of priorities for these cases will be determined by, but not be limited to, the type o f enterprise, the impact on the community, current caseload, available workforce and equipment and workable investigative leads.
D. Enforcement Manpower
This project shall be designed to bring the highest level of expertise from contiguous and, at times, overlapping jurisdictions to focus jointly on major drug trafficking. Generally, p ersonnel shall be limited to 50 investigative officers.
E. Prosecutorial Support
At the inception of this project, it shall be incumbent upon the Executive Board members to coordinate a firm and positive relationship between the United States Attorney and the State Attorney designees.
1. Cross-Designation of Attorneys
To enhance collaboration between federal prosecutors and their state and local colleagues, it may be advantageous to cross-designate local and federal prosecutors.
2. Special Program Attorney
As previously recommended, consistency on how to best proceed in certain instances could best be achieved by allowing the program direct access to one (1) attorney assigned for that specific purpose.
F. Equipment Pool
The San Bernardino County Sheriff’s Department will supply IRNET members with specialized items, mobile device s, and office equipment (desks, chairs, typewriters, file cabinets, phones, computers, office supplies, etc.).
The San Bernardino County Sheriff’s Department will not supply vehicles to personnel assigned to the task force. Member agencies should assign vehicles appropriate for use in covert surveillance operations. All vehicle maintenance shall be the responsibility of the member agency. The participating agency should provide their investigator with department radio and mobile device which will assist with investigations.
G. Request for Assistance
It shall be the policy of this program to respond to a request for case development assistance from any law enforcement agency whose situation demands expertise or resources beyond their existing limitations.
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H. Reporting Format
The San Bernardino County Sheriff’s Department standard report forms and case report incident numbers shall be utilized for case development and to track program activity. An internal numbering system will be used as well to account for all activities.
I. Undercover Documents
The use of documents to support or enhance undercover operations will be encouraged. These will include, but will not be limited to, driver's licenses, credit cards, checking accounts, and passports. The procurement, utilization, and control of these documents will be such as to assure that they are properly accounted for and are used only for authorized purposes.
J. Operating Standards
All matters governing operating procedures will balance the rights of citizens and the needs of law enforcement to detect, arrest, and prosecute individuals engaged in major illicit drug activity.
Effective control of major illicit drug traffickers depends to a large degree on the close working relationship among agencies at all levels of law enforcement. Therefore, all IRNET personnel will assist in their fullest individual ability in the development of inter-agency cooperation.
K. Personnel
Their respective department head must approve the assignment of federal, state, and local officers to IRNET . The commander or his designee of the Sheriff’s Gangs/Narcotics Division, with Executive Board approval , may reject any nominee based on the officer's training, past performance, or other factors bearing on suitability.
Federal, state, and local officers assigned to IRNET will work full time unless special Executive Board arrangements have been made. Officers will be under the direct daily supervision of the Sheriff’s Department G angs/Narcotics Division lieutenant and follow all policies, procedures, and guidelines specifically enacted by IRNET. Upon assignment to IRNET, all members shall read the IRNET policy manual. The member will sign an Inter -Office Memorandum (IOM) , indicating they read the policy. A copy of the IOM will be filed at IRNET and provided to the member. Should any of the IRNET policies or procedures conflict with their own department rules and regulations, the individual member will immediately bring said conflict to the attention of his/her IRNET supervisor. The supervisor will, in turn, bring the matter to the attention of the IRNET Manager, who will take the necessary action to rectify the situation.
L. Life of this Agreement
This agreement is effective on the date two of the parties of this agreement sign i t. Any party may terminate their involvement with this agreement on 30-days advanced written notice.
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ARTICLE VII. FISCAL PROCEDURE
A. Special Appropriation Fund
A Special Appropriation Fund shall be established by SBSD to which members of IRNET may charge expenditures as necessary in the performance of the duties of the program. In general, such charges shall include extraordinary or special expenses incurred in the investigation of major narcotics traffickers.
The utilization, responsibility, accountability , and control of this fund shall be determined exclusively by the Sheriff’s Department lieutenant overseeing IRNET and shall conform to standards as required by policy and procedure for San Bernardino County Sheriff’s Department.
Federal agencies will adhere to federal law and respective agency policies and procedures for any expenditures and reimbursements of expenses incurred by or through the federal agent.
B. Asset Sharing
IRNET will provide an audit trail that will show the assets seized are following applicable state and federal law. IRNET’s finance specialist will notify partner agencies of a seized asset so the required forms can be submitted.
A monthly Activity Report will be forwarded to each IRNET member agency, which shall include activity and seizures by month and year to date.
ARTICLE VIII. ADMINISTRATIVE GUIDELINES
A. Case Information
Large scale narcotics investigations are sensitive. Pr otection of sources of information and management of information about areas of narcotics/drug- related activity are essential .
Dissemination of information and reports will be done on a need- to-know basis in compliance with existing state and federal laws, and when appropriate, in compliance with the Department of Justice guidelines.
Written reports are vital to the conduct of operations. They are a formal means of communicating among participating agencies , and with other agencies and with the court. In composing an investigation report, the officer should remember that it will be read by someone else and will most likely form the basis for action or inaction by the reader. The report may also be read by someone seeking to discredit its contents or IRNET itself. Investigative reports will be completed promptly and will describe act ivities fully, exactly, and plainly. All case reports will be kept in the IRNET office until the conclusion of the case.
Statistical information regarding arrests and narcotics seized will be forwarded to the jurisdictional agency in which such activity took place to maintain proper information reporting procedures to the State Department of Justice.
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Questions about the appropriateness of releasing case information will be referred to the lieutenant of IRNET.
B. Document Security
All reports and records will be designated "Confidential" (“Unclassified” for FBI). This material will be secured under lock and key when unattended. Access to all files is on a need- to-know basis.
IRNET will not keep intelligence files. Case files actively being worked will be kept under the direct security of IRNET until the investigation is concluded. Federal agencies will maintain their files in compliance with the Freedom of Information Act.
If IRNET feels certain case information should be considered "intelligence," the entire file will be sent to the appropriate agency and filed under that department's guidelines for intelligence information.
At no time will investigative reports or official records be kept or stored anywhere but the designated office of IRNET or the San Bernardino County Sheriff’s Records Bureau.
In any case, the storage of reports and dissemination of information will always be done in strict accordance with applicable local, state, and federal laws.
C. Undercover Documentation
Should IRNET require assigned officers to assume a covert identity, arrangements will be made to issue each IRNET officer as required:
1. A California Driver's License; and
2. Documents to support covert identification as they become available.
The IRNET lieutenant will maintain records and photostatic copies of all identities issued to officers. These documents shall only be used while the officers are on duty and working in an official capacity, and the use of the covert identity is required in the furtherance of the case. The IRNET lieutenant may deem additional documentation, such as credit cards, a credit rating with TRW, a passport , or a social security card to support identity. The need for these items will be evaluated on a case-by- case basis. In every situation requiring assigned officers to obtain undercover documentation, their respective department heads will be advised that the required application forms have been submitted.
D. Firearms
Every officer assigned to IRNET will carry a firearm following their department's policies and procedures. Officers may carry authorized firearms while off duty; however, applicable departmental policies about the use of firearms shall apply.
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E. Qualification
IRNET member’s department must approve any firearm carried by an officer , and minimum departmental standards for qualification met. If no departmental requirements exist, the San Bernardino County Sheriff’s Department standards will apply, and officers will qualify on a trimester schedule.
F. Other Defensive Equipment
1. Handcuffs
A set of handcuffs will be carried by officers when engaged in any type of enforcement activity (excluding undercover work).
2. Equipment
The Board may authorize the purchase and use of equipment to assist IRNET in accomplishing its purpose.
3. Protective Garments
All officers with IRNET will have available a bullet- proof (protective) vest. Officers shall wear their vests in arrest and search situations.
4. Operation Jackets
In arrests, searches, and similar enforcement situations, members of IRNET shall wear the approved operation jackets/vests.
G. Press Release
IRNET will cooperate with the media to assist in obtaining information on matters of public interest. However, certain information must remain confidential to protect the Constitutional Rights of the accused, avoid interfering with an IRNET investigation, or because it is legally privileged.
IRNET will function as a unit. All members will refer to themselves as members of IRNET. If asked what agen cy you are employed by, the member should respond by identifying their respective agency and their assignment to the “Inland Regional Narcotics Enforcement Team."
The IRNET lieutenant will designate the "Press Information Officer." Members of IRNET will not release information to the press unless otherwise directed to do so by the IRNET lieutenant.
H. Release of Information
The IRNET lieutenant will be available to assist in the dissemination or coordination of such information. The Information to be released will be determined by the facts of each situation and in the direction of the Executive Board. Generally, a description of the circumstances which do not prejudice the rights of the suspect(s) or interfere with an investigation will be made.
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1. General Information for Release
a. Type of crime (statutes violated, etc.)
b. The extent of injury or damage
c. Value of drugs seized
d. Date and time of crime discovery
e. Length of investigation
f. Suspect name and age, if adult
g. Factual details of the incident
2. Information NOT for Release
a. Prior criminal record, character, or reputation of accused.
b. The existence or contents of any confession, admission, or statement given by the accused, or failure of the accused to make any statement.
c. The identity, testimony, or credibility of any prospective witnesses.
d. The possibility of a plea bargain.
e. Any opinion as to the guilt or innocence of the accused.
I. Multi-Agency Administrative Concerns
1. Citizen Complaints
Any complaint from an individual alleging misconduct by personnel of IRNET will be directed to the IRNET lieutenant or in his absence, a s upervisor, and a written report will be submitted to the Sheriff’s Department Gangs/Narcotics Division commander for evaluation.
The IRNET lieutenant will notify the officer's respective agency and facilitate their investigation of the incident.
It will be the policy of IRNET to receive, record, and properly direct all citizen complaints against its members without exception.
2. Employee Evaluation
IRNET recognizes that all agencies have at least annual employee evaluations. When such evaluations are due, the supervisor of the affected employee will assist the Redlands Regular Meeting of 12/06/2022
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appropriate law enforcement supervisor in completing a fair and objective evaluation for the rating period.
3. Injuries Sustained On-Duty
When an IRNET officer is injured on duty, it will be necessary to follow the procedures required by the officer's agency, including notification of the specific agency involved.
In emergencie s, the officer will receive immediate medical attention most expediently .
To assist the supervisors in ensuring an officer's injury is treated without unnecessary delay, officers assigned to IRNET will supply their supervisor with a packet containing the forms a nd applica tion instructions for processing per Sheriff’s Department policies and procedures.
4. On-Duty Motor Vehicle Accidents
If an IRNET Officer is involved in an accident while on duty, a long-form accident report will be completed by the jurisdictional agency. Copies will be forwarded to the officer's agency and the IRNET lieutenant for further review and necessary action. In any on-duty motor vehicle accident, whether injury or non-injury, the IRNET lieutenant or his designee will immediately notify the member agency, so they can notify their appropriate Risk Management/Civil Liabilities Division per Sheriff’s Department policies and procedures.
J. Administrative Policy
All members of IRNET will be expected to conform to their department's policy and procedure, as well as any additional policies and procedures set forth by IRNET (such as performance expectations, punctuality, and chain of command).
ARTICLE IX. INVESTIGATIVE GUIDELINES
A. Outside Agencies - Requests For Assistance
It shall be the policy of IRNET to respond to requests for case development assistance from any law enforcement agency whose situation demands expertise or resources beyond their existing capabilities. All such requests will be reviewed by the IRNET lieutenant as soon as practicable after being received.
The Sheriff’s Department Gangs/Narcotics Division commander will be informed of all requests for assistance made by non-participating agencies.
IRNET recognizes that the jurisdictional make -up of Southern California lends itself to investigative overlay during narcotics case development. Therefore, IRNET will strictly adhere to the following notification procedures to minimize any chance of conflicting with the enforcement routine of the affected jurisdiction.
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B. Notification
Before opening an active case, IRNET will contact the local agency of jurisdiction and check to see if that department is already actively working a case on the subject(s) of IRNET's investigation. Also , IRNET will contact adjacent jurisdictions and LACRCIC/WSIN to see if any agency has information on the subjects.
After opening a case, IRNET will utilize the guidelines of LACRCIC/WSIN to identifying the case and subjects being worked to facilitate communications between investigating agencies and eliminate duplication of effort.
Note: IRNET will maintain close communication with the affected jurisdiction throughout its investigation. If the agency in question has an open, active case of its own centered on that target, IRNET will not open a separate case unless requested to do so by the affected agency. (See Requests for Assistance.)
When executing Search or Arrest Warrants, the following procedure will be followed, and, when appropriate, at least one uniformed officer from the jurisdictional agency will be requested and utilized.
Members of IRNET will notify the jurisdictional agency Watch Commander regarding the type of activity which will be taking place, the location, and approximate time of the operation.
IRNET will also notify the narcotics detail of the affected agency:
1. To prevent a duplication of effort.
2. To protect undercover officers.
3. A means to gather additional intelligence.
C. Undercover Operations
IRNET, by its nature, will have numerous occasions to conduct undercover operations.
Specifically, this will entail introducing undercover officers to narcotic s traffickers to purchase drugs or infiltrate their organization. T he following guidelines will be adhered to as to ensure officer safety and proper case development (Federal agencies will addit ionally observe DO J guidelines):
1. Preparation and Planning
a. Discuss the purpose and intention of the operation with your supervisor.
Depending on the magnitude of the investigation, it may require prior approval through the IRNET lieutenant to the Executive Board.
2. Determine Logistical Needs
a. Manpower
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An IRNET supervisor will assess each case with the IRNET lieutenant to determine if special tactics or the utilization of a special weapons team will be required. Jurisdictional responsibilities will be recognized.
b. Equipment
1. Communications
2. Wireless Transmitter/Receiver with Recorder
3. Helicopter
4) "Flash Roll"
c. Plan Formulation
1. Indicate the scenario the Undercover Officer will utilize.
2. Designate a Case Agent.
3. P repare a case history on the violators involved.
d. Operational Plan
1. A written operational plan will be submitted by the Case Agent on all narcotics investigations, including buy/busts, arrest and search warrant service, and undercover surveillance cases. The IRNET lieutenant will approve all operational plans . In cases involving narcotics deliveries out of state or reverse operations more than 10 kilos in weight, the captain of the Narcotics Division (SBCSD) will be notified before beginning the operation.
2. Plan Format
a. The written plan will include suspect information, criminal history, pictures, vehicles, and associates.
b. A of the suspect's method of operation and other criminal tendencies.
c. Maps, diagrams, and address.
1. Clothing description
2. Undercover vehicle
3. Money flash vehicle.
4. Clothing description of undercover officer s and
confidential informant, if involved.
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5. Arrest and trouble signal (visual and audio)
6. List of all officers involved, including their assignment and vehicle and equipment responsibilities.
7. Copies of the plan will be distributed to all involved officers.
d. Notification of the law enforcement agency where the operation will take place will be noted on the plan, including who was notified.
e. Communication channel frequency for the operation and necessary clearances from Central Dispatch. (An alternative frequency should be included in case of communication
problems on the primary channel).
f. Before starting, a complete briefing will be conducted utilizing the written plan.
g. The sergeant assigned to the IRNET team will approve all operation plans before its implementation.
e. Undercover Operation (U/C)
1. The U/C will not deviate from the written plan unless he/she can obtain supervisory approval during the operation.
2. When the arrest signal is given, the U/C will not be involved in the actual arrest unless the situation dictates his/her intervention.
3. If during the operation, the U/C is robbed by the suspects for the flash money, he/she will immediately give the trouble signal and rely on the cover/surveillance units to take appropriate actions.
4. The U/C officer will never "front" any portion of the flash roll.
Additionally, he/she will not "front" any special funds for narcotics purchases without prior supervisory approval.
5. The U/C officer will never meet with suspects in a narcotics investigation without proper surveillance and cover units.
Notification and approval by an IRNET sergeant are required before any meeting between a suspect and CI.
6. Section 11367 of the Health and Safety Code provides immunity from prosecution to authorized peace officers or other agents while investigating violations of the Health and Safety Code.
D. Use of Intoxicating Beverages/Drugs
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1. IRNET Personnel will not use or possess any intoxicating beverage before reporting for duty to the extent that they are impaired, nor will they use intoxicating beverages while on duty.
Members will adhere to their respective department policies for the use of intoxicating beverages. IRNET personnel, with the consent of their superior officer, may drink alcoholic beverages while on duty when necessary to accomplish a police purpose.
a. IRNET personnel who have approval from a superior to drink while involved in a covert operation must:
1. Not drink to such a degree that their judgment may be impaired.
2. Not drive a vehicle after such assignment, until reaching an appropriate state of sobriety.
b. IRNET personnel will ensure that all persons under their control and who have used alcoholic beverages can perform their tasks without becoming a danger to themselves or others.
2. IRNET officers shall not maintain drugs or paraphernalia for their use or provide paraphernalia for use.
3. IRNET personnel shall not use any narcotic s or drugs. The only exception would be in a life-threatening situation. If in the best judgment of the employee, failure to use a drug or narcotic could result in death or serious injury, that employee may participate in the use.
IRNET personnel will notify their supervisor if they are taking prescribed medication that may interfere with the performance of their job duties.
During some covert investigations, it may become necessary to simulate the use of narcotics, for example, simulating the smoking of marijuana or the inhalation of stimulant drugs.
a. As soon as possible after use or simulation, th e officer will be examined by a supervisor and, if necessary, by medical personnel to determine the extent of intoxication or effect. A complete report by the officer and his supervisor will be submitted regarding the circumstances of the use of simulation and the effects thereof. Based on this examination and report, appropriate action will be taken if necessary by the IRNET lieutenant.
4. The investigative staff will see that informants under their direction have read and understood the provisions of the Confidential Agreement Form as it applies to the use of alcohol, drugs, and narcotics.
E. Investigative Expenses
IRNET officers will, in the performance of their duties, expend program funds during narcotic investigations. Included in this area will be narcotic purchases, program maintenance, and operational expenses. (Federal agents will adhere to their respective agencies policies).
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1. Narcotic Purchases
IRNET officers will have the availability of expending funds for narcotics with prior supervisory approval.
2. Program Maintenance
Will include meals, gasoline, lodging, and money for confidential informants and/or witnesses. Another officer will be present while disbursing these funds or obtaining a signed receipt f rom the recipient. The purpose is to protect the credibility of IRNET officers. On rare occasions, it is conceivable that an officer will not be able to adhere to the above policy. In those instances, the officer can disburse funds and later advise a supervisor of the circumstances.
3. Operational Expenses
Will include officer expenses in an undercover capacity for food, gasoline, lodging, vehicle rental, special equipment, and any other item deemed necessary by the supervisor to enhance the successful completion of an operation.
F. Confidential Informant Procedures
It will be the responsibility of IRNET sergeants to ensure that the following procedures are followed by investigative personnel while utilizing informant operatives. While assigned to IRNET, federal agents responsible for managing IRNET informants will follow their respective agency's policies while remaining in compliance with the below-listed IRNET policies.
1. Informant Files
An IRNET coded file will be maintained on each informant operative, which will minimally consist of the following:
a. Background Information Sheet and Photograph
b. CII and/or FBI Rap Sheet
c. A report of the prospective investigations in which officers anticipate engaging the informant.
d. A list of investigations in which the informant has participated.
e. De-briefing of current criminal activity that the informant knows.
f. Copies of authorization and follow-up memorandums (if applicable).
g. Informant files shall be kept pursuant to member agency policies and procedures.
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h. The IRNET lieutenant shall maintain a copy of informant files in compliance with the San Bernardino County Sheriff’s Department policy.
2. Request Memorandum
The investigator wishing to use an informant who is currently charged or is going to be charged will initiate a memorandum requesting authorization:
a. Memorandum addressed to the IRNET lieutenant and District Attorney or United States Attorney from an IRNET supervisor.
b. Contain a summary of charges.
c. Authorization from arresting officer or agency.
d. A g eneral overview of proposed investigations (do not list the suspect's name).
e. The type of investigative assistance informant is expected to provide (information, obtain evidence, a covert operative, testify, etc.).
f. A paragraph outlining the informant's understanding of the District Attorney's and IRNET's involvement , which specifically states that no promises of leniency or specific types of sentencing can be made, and the defendant must enter a guilty plea on the charges. The Court will ultimately handle the disposition and sentencing of the case with which he/she is presently charged . The District Attorney and IRNET can only make recommendations based on their evaluation of the informant's participation in the investigations.
g. Attachments:
i. Informant's current CII and/or FBI Rap Sheet
ii. Confidential Agreement Form
iii. Consent Form
iv. Copy of Crime Reports (if possible)
3. Follow- up Memorandum
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After the investigations are completed , a follow -up memorandum shall be written to the District Attorney or United States Attorney outlining the informant's assistance. It will contain the following:
a. Present status of the case pending against informant.
b. Investigations.
c. A general appraisal of aid rendered by the informant (very successful, did not meet the commitment, seemed insincere, etc.).
d. If an informant fails to meet his/her commitments and make himself/herself available to and participate with the investigating officers, the IRNET lieutenant and District Attorney or United States Attorney will be advised immediately by inter -office memorandum. The IRNET lieutenant shall review all follow -up memorandums and status memorandums written to the District Attorney or United States Attorney concerning the Confi dential Informants and then hand- carried to the District Attorney or the United States Attorney.
G. Informant Identification
The informant's identity must always be known to the supervisor and IRNET lieutenant.
1. Officers are reluctant to divulge the names of their informants, so access to informant files must be limited on a "need-to-know basis" only.
2. Knowing the name of the informant is not enough. A complete identification package will be maintained.
H. Planning Operations Involving Informants
Planning includes proper time, workforce , and logistical support.
1. The case agent must control the direction of the operations and the informant. They must never place themselves in the position of having to act when there is not enough team members or equipment.
2. The entire relationship and direction must come from the officer.
a. It is not uncommon for the informant to attempt to become involved in planning.
b. The informant should not be present at briefings.
I. Undesirable Informants
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When a case agent is aware an informant is undesirable, all contact with that informant should cease, and the reasons should be noted in his/her informant package. This information will be disseminated throughout the narcotic enforcement community.
When a case agent determines it necessary, informants will be checked through LACRCIC/WSIN to see if they have been "blackballed" before utilizing them.
J. Shooting Incidents
Any member of IRNET who discharges his weapon during the performance of duty w ill immediately notify the:
1. Jurisdictional agency of the area in which the discharge took place.
2. IRNET lieutenant, or on-call Sheriff’s Duty Captain.
a. San Bernardino Sheriff’s Duty Matrix and current officer -involved policies and procedures shall be complied with.
3. The respective department's Watch Commander from which the officer is employed.
In those cases where death or serious injury is related to an officer-involved shooting or the operation of a motor vehicle, the jurisdictional agency will handle the full investigation according to departmental policy and procedure.
4. IRNET MOU does not supersede the policy of any member agency.
K. Evidence
1. Collection, Storage, and Testing
The facilities of the San Bernardino County Sheriff’s Department will be utilized by IRNET to maintain a proper evidence chain on all items collected in pursuit of case preparation. All evidence obtained during an investigation will be tagged and placed into an appropriate evidence locker without unnecessary delay.
In addition, when handling seized narcotics or money, no less than two (2) officers will be detailed to move or count such contraband. Further, at no time; after seizure and before placement in secure storage will less than two (2) officers be allowed to maintain security on such items.
As a matter of routine, the seized currency will be placed into a plastic bag designed for that purpose. This receptacle will be sealed, dated, and initialed by the case agents and only opened by the appropriate federal or state agency.
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be turned over as soon as pos sible after the seizure, and they will conduct an exact count of the cash. Any deviation from these procedures will require the prior approval of the IRNET lieutenant.
ARTICLE X. FISCAL GUIDELINES
A. Payroll Checks and Balances
1. Payroll
Their respective agency will pay all personnel assigned to IRNET.
2. Sick Time
All personnel will utilize sick time following their respective agency's policies and procedures.
Reporting of sick time will be made to the IRNET supervisor. IRNET will notify the officer's agency to ensure proper notification and timekeeping.
3. Overtime
All personnel will attempt to contact/notify the supervisor for approval before working overtime.
All personnel will, as required, work beyond their normal workday or respond on call - outs as deemed necessary by the IRNET lieutenant or supervisor.
Each local agency will have any overtime worked by their respective personnel assigned to IRNET reimb ursed by the HIDTA grant, up to the federal cap on overtime reimbursement. All overtime worked after HIDTA funds are expended will be the sole responsibility of each respective agency.
B. Fiscal and Voucher Procedure
Investigative funds are those authorized expenditures incurred by officers while working undercover or on surveillance. They must directly relate to the continuing development of an investigation or informant. The Sheriff of San Bernardino County will provide for the initial funding of this item, and funds will be distributed from the Sheriff’s Department Special Appropriation Fund.
A voucher will include a statement as to the reason the money was expended. By signing the voucher, the officer is attesting to the validity and necessity of the expenditure.
a. Date
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b. Amount
c. Reason(s)
d. Signature of requester
It shall be submitted to a Sergeant for review and authorization signature of the IRNET lieutenant.
ARTICLE XI. SIGNATURE PAGES
California Department of Alcoholic Beverage Control
The signatures affixed below signify the California Department of Alcoholic Beverage Control agrees to the contents of this Memorandum.
This Memorandum of Understanding outlines the organizational operating policies and procedu res for the Inland Regional Narcotics Enforcement Team (IRNET).
As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum:
____________________________________ ___________ Armando Gonzales, Division Chief Date
California Department of Alcoholic Beverage Control
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Drug Enforcement Administration
The signatures affixed below signify the Drug Enforcement Administration agrees to the contents of this Memorandum.
This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET).
As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum:
____________________________________ ___________ William Bodnar, Special Agent in Charge Date Drug Enforcement Administration
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Federal Bureau of Investigations
The signatures affixed below signify the Federal Bureau of Investigations agrees to the contents of this Memorandum.
This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET).
As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum:
____________________________________ ___________ Adrian Franco, Special Agent in Charge Date Federal Bureau of Investigation
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Montclair Police Department
The signatures affixed below signify the Montclair Police Department agrees to the contents of this Memorandum.
This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET).
As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum:
____________________________________ ___________ Robert Avels, Chief of Police Date
Montclair Police Department
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Ontario Police Department
The signatures affixed below signify the Ontario Police Department agrees to the contents of this Memorandum.
This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET).
As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum:
____________________________________ ___________ Mike Lorenz, Chief of Police Date
Ontario Police Department
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Redlands Police Department
The signatures affixed below signify the Redlands Police Department agrees to the contents of this Memorandum.
This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET).
As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum:
____________________________________ ___________ Chris Catren, Chief of Police Date
Redlands Police Department
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Rialto Police Department
The signatures affixed below signify the Rialto Police Department agrees to the contents of this Memorandum.
This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET).
As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum:
____________________________________ ___________ Mark Kling, Chief of Police Date
Rialto Police Department
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Riverside County Sheriff’s Department
The signatures affixed below signify the Riverside County Sheriff’s Department agr ees to the contents of this Memorandum.
This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET).
As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum:
____________________________________ ___________ Chad Bianco, Sheriff-Coroner Date
Riverside County Sheriff’s Department
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San Bernardino Police Department
The signatures affixed below signify the San Bernardino Police Department agrees to the contents of this Memorandum.
This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET).
As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum:
____________________________________ ___________ Darren L. Goodman, Chief of Police Date
San Bernardino Police Department
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San Bernardino County Sheriff’s Department
The signatures affixed below signify the agencies agreed to the contents of this Memorandum.
This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET).
As Officers of the Executive Board and representatives of the IRNET me mber agencies, the signatures affixed below signify our agreement to the contents of this Memorandum:
____________________________________ ___________ Shannon D. Dicus, Sheriff-Coroner Date San Bernardino County Sheriff’s Department
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U.S. Department of Homeland Security
The signatures affixed below signify the U.S. Department of Homeland Security agrees to the contents of this Memorandum.
This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET).
As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum:
____________________________________ ___________ Eddy Wang, [Acting] Special Agent in Charge Date U.S. Department of Homeland Security
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City Council/Successor Agency Meeting I. 21.
DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve three Artwork Loan and Display agreements with Rude Calderon, Chad La Fever, and John and Nicolas Meyer for the loan of public art to be displayed on City Property and determine that the agreements are exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman) MOTION(S):
If the City Council determines that the Cultural Arts Commission's recommendation is appropriate, the following motions are provided:
I move that the City Council determine that approval of the Artwork Loan and Display Agreements are exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act; and
1. I move to approve three Artwork Loan and Display Agreements with Rude Calderon, Chad La Fever, and John and Nicolas Meyer.
2. RECOMMENDATION:
Commission Recommendation:
On July 11, 2022, the Cultural Arts Commission recommended that the City Council approve three Artwork Loan and Display agreements with 1) Rude Calderon for the loan of an art sculpture titled "Introspection," 2) Chad La Fever for the loan of an art sculpture titled "Crystalline," and 3) John and Nicolas Meyer, for the loan of an art sculpture titled "Emergence," to be displayed on City property in accordance with the City's Art in Public Places program. The agreements are for a term of two years at a cost not to exceed $3,000 each, for a total of $9,000.
Staff Recommendation:
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Staff Recommendation:
Staff recommends City Council approve the three Artwork Loan and Display Agreements with: 1) Rude Calderon for the loan of an art sculpture titled "Introspection," 2) Chad La Fever for the loan of an art sculpture titled "Crystalline," and 3) John and Nicolas Meyer, for the loan of an art sculpture titled "Emergence," to be displayed on City Property in accordance with the City's Art in Public Places program. Additionally, staff recommends that the City Council determine approval of the proposed agreements are categorically exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act.
DISCUSSION:
The Cultural Arts Commission (Commission) promotes public interest in the arts, recommends new art programs and funding for those programs, and recommends to the City Council policies to encourage, develop, and support the arts in Redlands. The Commission also advises the City Council on the administration of the City's Art in Public Places program.
In March, 2022, a call for artists was posted with the Western States Arts Federation (WESTAF) for the City's Art on Loan program. On May 9, 2022, the Commission recommended that the City Council establish agreements with the three selected artists. A photo of each of the art sculptures is attached for reference. On July 11, 2022, the Commission recommended that the art sculptures be placed at the following established art pad locations throughout the City:
Rude Calderon, "Introspection" to be placed within the median on Ford Street at Redlands Blvd
Chad La Fever "Crystalline" to be placed within Texonia Park John and Nicolas Meyer, "Emergence" to be placed within Sylvan Park
If the City Council concurs with the Commission's recommendation, the installation of the sculptures will represent the ninth, tenth, and eleventh Art in Public Places sculptures recommended by the Commission and approved by City Council.
ALTERNATIVES:
The City Council may deny the recommendation or direct staff to coordinate alternative actions with the Cultural Arts Commission.
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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:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Larry Alms, Administrative Assistant II
Fiscal Impact
Fiscal Year: FY 2022-23
Amount: $9,000
Budgeted Y/N: Yes
Account No.: 101300
Discussion:
Funding for this expenditure is included in the Facility and Community Services Department's budget for FY 2022-23 as approved by City Council.
Attachments
A. Agreement - Rude Calderon
B. Agreement - Chad La Fever
C. Agreement - John and Nicholas Meyer
D. Art Photos and Locations
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1 I:\cmo\Agreements\Rude_Calderon_Artwork Loan and Display Agreement-FY22-0081.docx-jm
ARTWORK LOAN AND DISPLAY AGREEMENT
This agreement for the loan and display of artwork ("Agreement") is made and entered into this 6th day of December, 2022 (Effective Date), by and between the City of Redlands, a municipal corporation ("City"), and Rude Calderon , an individual ("Artist"). City and Artist are sometimes individually referred to herein as a "Party" and, together, as the "Parties."
RECITALS
WHEREAS, in support of the City’s Art in Public Places program, City’s Cultural Arts Commission (“Commission”) has considered the submission of various artworks for the purpose of display within the City; and
WHEREAS, the Commission has selected an artwork cre ated by Artist, titled “1.
Introspection” (the “Artwork”), as depicted in Exhibit “A” attached hereto; and WHEREAS, the Commission has recommended to the City Council of the City of Redlands that the Artwork be displayed withi n City’s median on Ford Street at Redlands Boulevard at a precise site to be determined by City (the “Site”); and WHEREAS, it is the desire of City and Artist to set forth their respective obligations, and the terms and conditions, for City’s display of the Artwork within the City; NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is mutually agreed by the Parties as follows:
AGREEMENT
Section 1. Compensation.
1.1 Artist hereby permits City to display the Ar twork for a period of twenty four (24) consecutive months (the “Display Period”), commencing on December 1, 2022. The Display Period shall end on December 1, 2024, unless earlier terminated as provided for herein.
A. In consideration of Artist’s loan and permission for City to display the Artwork, City shall pay Artist the sum of three thousand dollars ($3,000) (the “Payment”).
The Payment shall be payable in two installments. The first installment of two thousand ($ 2,000) shall be payable upon City’s installation of the Artwork. The second installment of one thousand dollars ($1,000) shall be payable upon City’s removal of the Artwork.
B. City's obligation to make the full Payment to Artist is expressly conditioned upon Artist’s timely removal of the Artwork from the Site, to the satisfaction of City.
Notwithstanding the foregoing, Artist shall not be entitled to any portion of the Payment in the event this Agreement is terminated, for any reason, prior to City’s installation of the Artwork.
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Section 2. Installation of the Artwork.
2.1 Artist shall have the sole obligation and liability to transport the Artwork to the Site, within ninety (90) days of the Effective Date of this Agreement.
2.2 City shall have the sole obligation and liability for installation and removal of Artwork at City’s sole expense.
2.3 City shall provide Artist with thirty (30) days prior written notice before removal of the Artwork from the Site. Artist shall have the sole obligation and liability for transportin g of the Artwork from the Site. If Artist fails to transport the Artwork from the Site at the time of City’s removal, then City may remove and dispose of the Artwork as City deems necessary or appropriate, in City’s sole discretion, and City may withhold a ny remaining balance of the Payment. Expenses incurred by City for the disposal of the Artwork in excess of any balance of the Payment then held by City shall be the obligation and liability of Artist who shall reimburse City for the same.
Section 3. Sale of the Artwork.
3.1 Artist may sell the Artwork during the term of this Agreement and, if sold, may assign Artist’s rights under this Agreement. However, under no circumstance shall sale of the Artwork terminate this Agreement or adversely affect Ci ty's rights hereunder including, but not limited to, City's right of display. Artist shall immediately provide written notification to City upon the sale of the Artwork, and name and contact information for the purchaser of the Artwork.
Regardless of any sale, the Artwork shall remain at the Site for no less than six (6) months from the date of installation. Removal of the Artwork is the sole financial responsibility of Artist. City shall be notified at least two (2) weeks prior to removal in order to facilitate work orders for traffic control of the Site. If the Artwork is sold during the term of this Agreement, Artist shall obtain a city of Redlands business license.
Section 4. Liability for Damage.
4.1 City shall insure the Artwork against damage or lo ss in the amount of twenty thousand dollars ($20,000), which the Parties agree is the fair market value of the Artwork and the full extent of City's liability in the event of its damage or loss.
4.2 City's obligation to provide insurance is solely for the duration of the term of this Agreement, and only while the Artwork is located on City property. Artist is responsible and liable for any damage or destruction of the Artwork that may occur during transportation of the Artwork to and/or from the Site, and during installation and during removal.
Section 5. Ownership and Moral Rights.
5.1 The Artwork shall remain the property of Artist during the term of this Agreement.
5.2 During the term of this Agreement, City shall not make any alterations to the Artwork.
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3 I:\cmo\Agreements\Rude_Calderon_Artwork Loan and Display Agreement-FY22-0081.docx-jm For purposes of this Agreement, the term "alteration" shall mean repair, restore, modify, remove, relocate, sell, dispose of, distort, destroy, mutilate, or deface.
5.3 Artist waives any and all claims, with respect to the Artwork against City, and i ts elected and appointed officials, officers, employees, and assigns (current and future), arising under the Federal Visual Artist Rights Act, the California Art Preservation Act, and any other local, State, Federal or international laws that convey rights of the same nature as those conveyed under the Civil Code, or any other type of moral right protecting the integrity of works of art. City has no obligation to pursue claims against third parties to remedy or prevent alteration of the Artwork. However, City may pursue claims against third parties for damages, or to restore the Artwork if it has been altered without Artist’s authorization.
5.4 Artist hereby grants City the right to photograph, film, videotape, or otherwise depict the Artwork at any time during the term of this Agreement, and to use such photographs, film, videotapes, or depictions at any time thereafter for purposes of promotion relating to the exhibition of the Artwork or City. Such reproduction and images of the Artwork which feature the Artwork as art for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to Artist. Reproduction and images of Artwork in which the purpose of the reproduction or image is predom inantly unrelated to the Artwork shall not require reference to Artist.
5.5 Artist assigns to City all rights under the Copyright Act of 1976 for the Artwork produced under this Agreement. Notwithstanding the foregoing, City and its assigns are not responsible for defending the Artwork against any third party infringement of copyright and for protecting the attribution rights of Artist. Any registration of a copyright under the State's Register of Copyrights shall be the sole responsibility of City, and the co sts of such registration shall be borne by City.
5.6 Ownership of, and title to, the Artwork shall remain with Artist in accordance with Section 5.1 hereof. Artist hereby retains the right to collect the royalty payment provided by Civil Code Section 986. Artist agrees that City is not obligated to make any royalty payments to Artist pursuant to Civil Code Section 986.
Section 6. Artist’s Representations and Warranties.
6.1 Artist represents and warrants that:
A. Artist is presently the sole owner of the Artwork and any copyrights therein, and has the full power to enter into and execute this Agreement to City;
B. The Artwork is unique and original and solely the result of the artistic effort of Artist, does not infringe upon any copyright or rights of any person, and is free and clear of any liens or disputes related to property, intellectual or any other rights;
C. The Artwork is free from defective, or inferior materials and workmanship or inherent deficiencies or qualities that cause or accelerate deterioration; and Redlands Regular Meeting of 12/06/2022
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D. No person has been employed or retained to solicit or secure this Agreement for commission, percentage, brokerage or contingent fee and that no member of City has any interest, financially or otherwise in Artist’s business.
Section 7. Notices. 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, 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 ARTIST
City Clerk Rude Calderon
City of Redlands 5144 Anaheim Rd.
35 Cajon Street Long Beach, CA 90815
P.O. Box 3005 (mailing) [email protected]
Redlands, CA 92373 (626) 673-0955
[email protected]
(909) 798-7531
Section 8. Insurance and Indemnification. Artist shall defend, indemnify, and hold harmless City, and its elected and appointed officials, officers, employees and agents from and against all liabilities, obligations, losses, damages, judgments, costs and expenses, including attorneys’ fees, court costs and other litigation costs, arising from or in connection with, any personal injury or property damage caused, directly or indirectly, by any act or omission of the Artist or Artist’s employees or agents, or any infringement of patent, copyright, trademark, trade secret or other proprietary right caused by Artist or Artist's employees, agents, contractors, or subcontractors, in connection with the Artwork.
Section 9. Non-Discrimination. Artist shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, national origin, or disability in connection with, or related to, the performance of this Agreement.
Section 10. Assignability and Modification. Artist shall not assign or transfer any interest in this Agreement nor the performance of any of Artist’s obligations hereunder, and any attempt by Artist to assign this Agreement or any rights, duties, or obliga tions arising hereunder shall be void and of no effect, without the prior written consent of City.
Section 11. Governing Law . This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Section 12. Entire Agreement. This Agreement, including its exhibit and recitals, embodies the entire understanding between the Parties with respect to the Artwork. There are no other agreements and understandings, oral or written, with reference to the subject matter hereof th at are Redlands Regular Meeting of 12/06/2022
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5 I:\cmo\Agreements\Rude_Calderon_Artwork Loan and Display Agreement-FY22-0081.docx-jm not merged herein and superseded hereby. No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Parties. Any waiver of any breach of violation of any term or condition of this Agr eement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term of condition. The persons executing this Agreement on behalf of their respective Parties represent and warrant that they have the authority to do so under law and from their respective Parties.
IN WITNESS WHEREOF, duly authorized representatives of City and Artist have signed in confirmation of this Agreement.
CITY OF REDLANDS ARTIST
Paul T. Barich, Mayor Rude Calderon
ATTEST
Jeanne Donaldson, City Clerk
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6 I:\cmo\Agreements\Rude_Calderon_Artwork Loan and Display Agreement-FY22-0081.docx-jm EXHIBIT “A”
Artwork by Rude Calderon
“1. Introspection”
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7 I:\cmo\Agreements\Rude_Calderon_Artwork Loan and Display Agreement-FY22-0081.docx-jm EXHIBIT "B"
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 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’ compensat ion 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.
ARTIST
By: Date: ______________________________
Rude Calderon
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ARTWORK LOAN AND DISPLAY AGREEMENT
This agreement for the loan and display of artwork ("Agreement") is made and entered into this 6th day of December, 2022 (Effective Date), by and between the City of Redlands, a municipal corporation ("City"), and Chad La Fever , an individual ("Artist"). City and Artist are sometimes individually referred to herein as a "Party" and, together, as the "Parties."
RECITALS
WHEREAS, in support of the City’s Art in Public Places program, City’s Cultural Arts Commission (“Commission”) has considered the submission of various artworks for the purpose of display within the City; and
WHEREAS, the Commission has selected an artwork cre ated by Artist, titled “1.
Crystalline” (the “Artwork”), as depicted in Exhibit “A” attached hereto; and WHEREAS, the Commission has recommended to the City Council of the City of Redlands that the Artwork be displayed within City’s Texonia Park at a precise site to be determined by City (the “Site”); and
WHEREAS, it is the desire of City and Artist to set forth their respective obligations, and the terms and conditions, for City’s display of the Artwork within the City; NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is mutually agreed by the Parties as follows:
AGREEMENT
Section 1. Compensation.
1.1 Artist hereby permits City to display the Artwork for a period of twenty four (24) consecutive months (the “Display Period”), commencing on December 1, 2022. The Display Period shall end on December 1, 2024, unless earlier terminated as provided for herein.
A. In consideration of Artist’s loan and permission for City to display the Artwork, City shall pay Artist the sum of three thousand dollars ($3,000) (the “Payment”).
The Payment shall be payable in two installments. The first installment of two thousand dollars ($ 2,000) shall be payable upon City’s installation of the Artwork.
The second installment of one thousand dollars ($1,000) shall be payable upon City’s removal of the Artwork.
B. City's obligation to make the full Payment to Artist is expressly conditioned upon Artist’s timely removal of the Artwork from the Site, to the satisfaction of City.
Notwithstanding the foregoing, Artist shall not be entitled to any portion of the Payment in the event this Agreement is terminated, for any reason, prior to City’s installation of the Artwork.
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Section 2. Installation of the Artwork.
2.1 Artist shall have the sole obligation and liability to transport the Artwork to the Site, within ninety (90) days of the Effective Date of this Agreement.
2.2 City shall have the sole obligation and liability for installation and removal of Artwork at City’s sole expense.
2.3 City shall provide Artist with thirty (30) days prior written notice before removal of the Artwork from the Site. Artist shall have the sole obligation and liability for transporting of the Artwork from the Site. If Artist fails to transport the Artwork from the Site at the time of City’s removal, then City may remove and dispose of the Artwork as City deems necessary or appropriate, in City’s sole discretion, and City may withhold any remaining b alance of the Payment. Expenses incurred by City for the disposal of the Artwork in excess of any balance of the Payment then held by City shall be the obligation and liability of Artist who shall reimburse City for the same.
Section 3. Sale of the Artwork.
3.1 Artist may sell the Artwork during the term of this Agreement and, if sold, may assign Artist’s rights under this Agreement. However, under no circumstance shall sale of the Artwork terminate this Agreement or adversely affect City's rights hereunder including, but not limited to, City's right of display. Artist shall immediately provide written notification to City upon the sale of the Artwork, and name and contact information for the purchaser of the Artwork.
Regardless of any sale, the Artwork shall remain at the Site for no less than six (6) months from the date of installation. Removal of the Artwork is the sole financial responsibility of Artist. City shall be notified at least two (2) weeks prior to removal in order to facilitate work orders for traffic control of the Site. If the Artwork is sold during the term of this Agreement, Artist shall obtain a city of Redlands business license.
Section 4. Liability for Damage.
4.1 City shall insure the Artwork against damage or lo ss in the amount of ten thousand dollars ($10,000), which the Parties agree is the fair market value of the Artwork and the full extent of City's liability in the event of its damage or loss.
4.2 City's obligation to provide insurance is solely for the duration of the term of this Agreement, and only while the Artwork is located on City property. Artist is responsible and liable for any damage or destruction of the Artwork that may occur during transportation of the Artwork to and/or from the Site, and during installation and during removal.
Section 5. Ownership and Moral Rights.
5.1 The Artwork shall remain the property of Artist during the term of this Agreement.
5.2 During the term of this Agreement, City shall not make any alterations to the Artwork.
For purposes of this Agreement, the term "alteration" shall mean repair, restore, modify, remove, relocate, Redlands Regular Meeting of 12/06/2022
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3 I:\cmo\Agreements\Chad_La_Fever_Artwork Loan and Display Agreement-FY22-0082.docx-jm sell, dispose of, distort, destroy, mutilate, or deface.
5.3 Artist waives any and all claims, with respect to the Artwork against City, and i ts elected and appointed officials, officers, employees, and assigns (current and future), arising under the Federal Visual Artist Rights Act, the California Art Preservation Act, and any other local, State, Federal or international laws that convey rights of the same nature as those conveyed under the Civil Code, or any other type of moral right protecting the integrity of works of art. City has no obligation to pursue claims against third parties to remedy or prevent alteration of the Artwork. However, City may pursue claims against third parties for damages, or to restore the Artwork if it has been altered without Artist’s authorization.
5.4 Artist hereby grants City the right to photograph, film, videotape, or otherwise depict the Artwork at any time during the term of this Agreement, and to use such photographs, film, videotapes, or depictions at any time thereafter for purposes of promotion relating to the exhibition of the Artwork or City. Such reproduction and images of the Artwork which feature the Artwork as art for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to Artist. Reproduction and images of Artwork in which the purpose of the reproduction or image is predom inantly unrelated to the Artwork shall not require reference to Artist.
5.5 Artist assigns to City all rights under the Copyright Act of 1976 for the Artwork produced under this Agreement. Notwithstanding the foregoing, City and its assigns are not responsible for defending the Artwork against any third-party infringement of copyright and for protecting the attribution rights of Artist. Any registration of a copyright under the State's Register of Copyrights shall be the sole responsibility of City, and the costs of such registration shall be borne by City.
5.6 Ownership of, and title to, the Artwork shall remain with Artist in accordance with Section 5.1 hereof. Artist hereby retains the right to collect the royalty payment provided by Civil Code Section 986. A rtist agrees that City is not obligated to make any royalty payments to Artist pursuant to Civil Code Section 986.
Section 6. Artist’s Representations and Warranties.
6.1 Artist represents and warrants that:
A. Artist is presently the sole owner of the Artwork and any copyrights therein, and has the full power to enter into and execute this Agreement to City;
B. The Artwork is unique and original and solely the result of the artistic effort of Artist, does not infringe upon any copyright or rights of any person, and is free and clear of any liens or disputes related to property, intellectual or any other rights;
C. The Artwork is free from defective, or inferior materials and workmanship or inherent deficiencies or qualities that cause or accelerate deterioration; and
D. No person has been employed or retained to solicit or secure this Agreement Redlands Regular Meeting of 12/06/2022
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4 I:\cmo\Agreements\Chad_La_Fever_Artwork Loan and Display Agreement-FY22-0082.docx-jm for commission, percentage, brokerage or contingent fee and that no member of City has any interest, financially or otherwise in Artist’s business.
Section 7. Notices. 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, 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 ARTIST
City Clerk Chad La Fever
City of Redlands 1224 Laurel Ave.
35 Cajon Street Redlands, CA 92373
P.O. Box 3005 (mailing) [email protected]
Redlands, CA 92373 (702) 321-4562
[email protected]
(909) 798-7531
Section 8. Insurance and Indemnification. Artist shall defend, indemnify, and hold harmless City, and its elected and appointed officials, officers, employees and agents from and against all liabilities, obligations, losses, damages, judgments, costs and expenses, including attorneys’ fees, court costs and other litigation costs, arising from or in connection with, any personal injury or property damage caused, directly or indirectly, by any act or omission of the Artist or Artist’s employees or agents, or any infringement of patent, copyright, trademark, trade secret or other proprietary right caused by Artist or Artist's employees, agents, contractors, or subcontractors, in connection with the Artwork.
Section 9. Non-Discrimination. Artist shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, national origin, or disability in connection with, or related to, the performance of this Agreement.
Section 10. Assignability and Modification. Artist shall not assign or transfer any interest in this Agreement nor the performance of any of Artist’s obligations hereunder, and any attempt by Artist to assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect, without the prior written consent of City.
Section 11. Governing Law . This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Section 12. Entire Agreement. This Agreement, including its exhibit and recitals, embodies the entire understanding between the Parties with respect to the Artwork. There are no other agreements and understandings, oral or written, with reference to the subj ect matter hereof that are not merged herein and superseded hereby. No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Parties. Any waiver of any breach of violation of any term or c ondition of this Agreement shall not be deemed to be a waiver of any Redlands Regular Meeting of 12/06/2022
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5 I:\cmo\Agreements\Chad_La_Fever_Artwork Loan and Display Agreement-FY22-0082.docx-jm other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term of condition. The persons executing this Agreement on behalf of their respective Parties represent and warrant that they have the authority to do so under law and from their respective Parties.
IN WITNESS WHEREOF, duly authorized representatives of City and Artist have signed in confirmation of this Agreement.
CITY OF REDLANDS ARTIST
Paul T. Barich, Mayor Chad La Fever
ATTEST
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 12/06/2022
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6 I:\cmo\Agreements\Chad_La_Fever_Artwork Loan and Display Agreement-FY22-0082.docx-jm EXHIBIT “A”
Artwork by Chad La Fever
“1. Crystalline”
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7 I:\cmo\Agreements\Chad_La_Fever_Artwork Loan and Display Agreement-FY22-0082.docx-jm EXHIBIT "B"
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 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.
ARTIST
By: Date: ________________________
Chad La Fever
Redlands Regular Meeting of 12/06/2022
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1 I:\cmo\Agreements\John_and_Nicholas_Meyer Artwork Loan and Display Agreement-FY22-0083.docx-jm
ARTWORK LOAN AND DISPLAY AGREEMENT
This agreement for the loan and display of artwork ("Agreement") is made and entered into this 6th day of December, 2022 (Effective Date), by and between the City of Redlands, a municipal corporation ("City"), and John and Nicholas Meyer , individual s ("Artists"). City and Artists are sometimes individually referred to herein as a "Party" and, together, as the "Parties."
RECITALS
WHEREAS, in support of the City’s Art in Public Places program, City’s Cultural Arts Commission (“Commission”) has considered the submission of various artworks for the purpose of display within the City; and
WHEREAS, the Commission has selected an artwork cre ated by Artists, titled “1.
Emergence” (the “Artwork”), as depicted in Exhibit “A” attached hereto; and WHEREAS, the Commission has recommended to the City Council of the City of Redlands that the Artwork be displayed withi n City’s Sylvan Park at a precise site to be determined by City (the “Site”); and
WHEREAS, it is the desire of City and Artists to set forth their respective obligations, and the terms and conditions, for City’s display of the Artwork within the City; NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is mutually agreed by the Parties as follows:
AGREEMENT
Section 1. Compensation.
1.1 Artists hereby permits City to display the Artwork for a period of twenty-four (24) consecutive months (the “Display Period”), commencing on December 1, 2022. The Display Period shall end on December 1, 2024, unless earlier terminated as provided for herein.
A. In consideration of Artist’s loan and permission for City to display the Artwork, City shall pay Artists the sum of three thousand dollars ($3,000) (the “Payment”).
The Payment shall be payable in two installments. The first installment of two thousand dollars ($ 2,000) shall be payable upon City’s installation of the Artwork. The second installment of one thousand dollars ($1,000) shall be payable upon City’s removal of the Artwork.
B. City's obligation to make the full Payment to Artists is expressly conditioned upon Artist’s timely removal of the Artwork from the Site, to the satisfaction of City.
Notwithstanding the foregoing, Artists shall not be entitled to any portion of the Payment in the event this Agreement is terminated, for any reason, prio r to City’s installation of the Artwork.
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Section 2. Installation of the Artwork.
2.1 Artists shall have the sole obligation and liability to transport the Artwork to the Site, within ninety (90) days of the Effective Date of this Agreement.
2.2 City shall have the sole obligation and liability for installation and removal of Artwork at City’s sole expense.
2.3 City shall provide Artists with thirty (30) days prior written notice before removal of the Artwork from the Site. Artists shall have the sole obligation and liability for transporting of the Artwork from the Site. If Artists fails to transport the Artwork from the Site at the time of City’s removal, then City may remove and dispose of the Artwork as City deems necessary or appropriate, in City’s sole discretion, and City may withhold any remaining balance of the Payment. Expenses incurred by City for the disposal of the Artwork in excess of any balance of the Payment then held by City shall be the obligation and liability of Artists who shall reimburse City for the same.
Section 3. Sale of the Artwork.
3.1 Artists may sell the Artwork during the term of this Agreement and, if sold, may assign Artist’s rights under this Agreement. However, under no circumstance shall sale of the Artwork terminate this Agreement or adversely affect City's rights hereunder including, but not limited to, City's right of display. Artists shall immediately provide written notification to City upon the sale of the Artwork, and name and contact information for the purchaser of the Artwork.
Regardless of any sale, the Artwork shall remain at the Site for no less than six (6) months from the date of installation. Removal of the Artwork is the sole financial responsibility of Artists. City shall be notified at least two (2) weeks prior to removal in order to facilitate work orders for traffic control of the Site. If the Artwork is sold during the term of this Agreement, Artists shall obtain a city of Redlands business license.
Section 4. Liability for Damage.
4.1 City shall insure the Artwork against damage or loss in the amount of twelve thousand dollars ($12,000), which the Parties agree is the fair market value of the Artwork and the full extent of City's liability in the event of its damage or loss.
4.2 City's obligation to provide insurance is solely for the duration of the term of this Agreement, and only while the Artwork is located on City property. Artists is responsible and liable for any damage or destruction of the Artwork that may occur during transportation of the Artwork to and/or from the Site, and during installation and during removal.
Section 5. Ownership and Moral Rights.
5.1 The Artwork shall remain the property of Artists during the term of this Agreement.
5.2 During the term of this Agreement, City shall not make any alterations to the Artwork.
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5.3 Artists waives any and all claims, with respect to the Artwork against City, and its elected and appointed officials, officers, employees, and assigns (current and future), arising under the Federal Visual Artists Rights Act, the California Art Preservation Act, and any other local, State, Federal or international laws that convey rights of the same nature as those conveyed under the Civil Code, or any other type of moral right protecting the integrity of works of art. City has no obligation to pursue claims against third parties to remedy or prevent alteration of the Artwork. However, City may pursue claims against third parties for damages, or to restore the Artwork if it has been altered without Artist’s authorization.
5.4 Artists hereby grants City the right to photograph, film, videotape, or otherwise depict the Artwork at any time during the term of this Agreement, and to use such photographs, film, videotapes, or depictions at any time thereafter for purposes of promotion relating to the exhibition of the Artwork or City. Such reproduction and images of the Artwork which feature the Artwork as art for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to Artists. Reproduction and images of Artwork in which the purpose of the reproduction or image is predominantly unrelated to the Artwork shall not require reference to Artists.
5.5 Artists assigns to City all rights under the Copyright Act of 1976 for the Artwork produced under this Agreement. Notwithstanding the foregoing, City and its assigns are not responsible for defending the Artwork against any third-party infringement of copyright and for protecting the attribution rights of Artists. Any registration of a copyright under the State's Register of Copyrights shall be the sole responsibility of City, and the costs of such registration shall be borne by City.
5.6 Ownership of, and title to, the Artwork shall remain with Artists in accordance with Section 5.1 hereof. Artists hereby retains the right to collect the royalty payment provided by Civil Code Section 986. Artists agrees that City is not obligated to make any royalty payments to Artists pursuant to Civil Code Section 986.
Section 6. Artist’s Representations and Warranties.
6.1 Artists represents and warrants that:
A. Artists is presently the sole owner of the Artwork and any copyrights therein, and has the full power to enter into and execute this Agreement to City;
B. The Artwork is unique and original and solely the result of the Artistic effort of Artists, does not infringe upon any copyright or rights of any person, and is free and clear of any liens or disputes related to property, intellectual or any other rights;
C. The Artwork is free from defective, or inferior materials and workmanship or inherent deficiencies or qualities that cause or accelerate deterioration; and
D. No person has been employed or retained to solicit or secure this Agreement Redlands Regular Meeting of 12/06/2022
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Section 7. Notices. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writin g. 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, 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 ARTISTS
City Clerk John & Nicholas Meyer
City of Redlands 31915 Rancho California Rd. 290
35 Cajon Street Temecula, CA 92591
P.O. Box 3005 (mailing) [email protected]
Redlands, CA 92373 (858) 342-6315
[email protected]
(909) 798-7531
Section 8. Insurance and Indemnification. Artists shall defend, indemnify, and hold harmless City, and its elected and appointed officials, officers, employees and agents from and against all liabilities, obligations, losses, damages, judgments, costs and expenses, including attorneys’ fees, court costs and other litigation costs, arising from or in connection with, any personal injury or property damage caused, directly or indirectly, by any act or omission of the Artists or Artist’s employees or agents, or any infringement of patent, copyright, trademar k, trade secret or other proprietary right caused by Artists or Artist’s employees, agents, contractors, or subcontractors, in connection with the Artwork.
Section 9. Non-Discrimination. Artists shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, national origin, or disability in connection with, or related to, the performance of this Agreement.
Section 10. Assignability and Modification. Artists shall not assign or transfer any interest in this Agreement nor the performance of any of Artist’s obligations hereunder, and any attempt by Artists to assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect, without the prior written consent of City.
Section 11. Governing Law . This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Section 12. Entire Agreement. This Agreement, including its exhibit and recitals, embodies the entire understanding between the Parties with respect to the Artwork. There are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Parties. Any waiver of any breach of violation of any term or condition of this Agreement shall not be deemed to be a waiver of any Redlands Regular Meeting of 12/06/2022
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IN WITNESS WHEREOF, duly authorized representatives of City and Artists have signed in confirmation of this Agreement.
CITY OF REDLANDS ARTISTS
Paul T. Barich, Mayor John Meyer
ATTEST
_____________________________________________________________ Jeanne Donaldson, City Clerk Nicholas Meyer
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Artwork by John and Nicholas Meyer
“1. Emergence”
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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 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.
ARTISTS
By: Date:
John Meyer
By: Date:
Nicholas Meyer
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City Council/Successor Agency Meeting I. 22.
DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve cooperative purchase orders with Trendway Furniture in an amount not to exceed $45,273 and with Global Industries in an amount not to exceed $112,421 for furnishings at the State Street City Hall facility located at 300 E. State Street; and approve a sole source purchase order with Consolidated Office Systems in an amount not to exceed $26,176 for installation of the furnishings and approval of an additional appropriation for the same (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 City Council approve cooperative purchase orders with Trendway Furniture in an amount not to exceed $45,273 and with Global Industries in an amount not to exceed $112,421 for furnishings at the State Street City Hall facility located at 300 E. State Street; and
1. I move that City Council approve a sole source purchase order with Consolidated Office Systems in an amount not to exceed $26,176 for installation of the furnishing.
2. I move to approve an additional appropriation in the amount of $183,870.3.
RECOMMENDATION:
Staff recommends the City Council approve cooperative purchase orders with Trendway Furniture in an amount not to exceed $45,273 and with Global Industries in an amount not to exceed $112,421 for furnishings at the State Street City Hall facility located at 300 E. State Street; and approve a sole source purchase order with Consolidated Office Systems in an amount not to exceed $26,176 for installation of the furnishings and approve an additional appropriation in the amount of $183,870.
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DISCUSSION:
In October, 2021, the City acquired the facility located at 300 E. State Street for the purpose of establishing a new City Hall facility. Upon evaluation of space needs at the existing Cajon Street Civic Center location, staff determined that significant renovations would be required to accommodate staffing needs within the Human Resources and Fire Department work spaces. There is an available suite with adequate space for the City Council and City Manager's office staff within the new City Hall State Street facility. Staff have determined it is fiscally advantageous to relocate the City Council and City Manager's staff to the State Street facility and utilize the existing furniture within the existing Cajon Street facility office space to accommodate the space needs of the staff within the Human Resources and Fire Departments.
The requested cooperative (intergovernmental/piggyback) purchase orders and associated sole source purchase order for the installation of the furnishings will allow the procurement of furniture for use within the offices at the State Street facility. The expenditure includes furnishings and seating for the Mayor, City Council Members, 11 staff offices, two cubicle work areas, one large conference room as well as reception and break room areas. The cost for furnishing all offices is approximately $39.91 per square foot which is consistent with industry norms. Utilization of the available office space at the State Street facility and re-use of the existing furnishings and seating for staff at the Cajon Street Civic Center will substantially reduce the costs for renovations within the Human Resources and Fire Department work areas. With City Council approval, the funding for these expenditures will be allocated from the Safety/City Hall Replacement fund.
ALTERNATIVES:
City Council may elect not to approve the cooperative purchase orders 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:
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REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:
Tricia Swope, Manager, Facilities and Community Services Fiscal Impact
Fiscal Year: FY 2022-23
Appropriation Required Y/N: Y
Amount: $183,870
Account No.: 406501.7901
Discussion:
This expenditure will be allocated from the Safety/City Hall Replacement Fund.
The current unrestricted balance of this fund is $2,630,588.
Attachments
A. Additional Appropriation Form
B. Sole-Single Source Request Form
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Sole Source/ Single Source/ Standardization Form
For procurement of supplies, equipment and services valued at $5,000 and over NOTE: Every question must be answered with appropriate documentation attached; incomplete forms will be immediately rejected by Purchasing.
Date:BBBBBBBBBBBBBBBBBBBBBBB
TO: Purchasing Division
FROM: BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
Purchase Requisition # _______BBBBBBBBBBBB
Estimated Total Cost: $____BBBBBBBBBBBBB
Proposed Vendor: ____________BBBBBBBBBB
Request Term: ______BBBBBBBBBBB
This form must accompany the purchase document whenever an exce ption to the competitive process is requested. Requests for goods and/or services from a specific vendor or limited to a specific brand, where substitutes to the recommended vendor or brand are unacceptable, must be accompanied by a written justification explaining the circum stances that make alternatives unacceptable.
The City Manager will determine whether the justification is appropriate. Requests for exception must be supported by factual statements that will pass an audit.
Consolidated Office System
12/6/22
FCS
$26,176
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EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT Page
Rev 1.31.19
2 INSTRUCTIONS
1. Please check all applicable categories (a. through i.) below and provide additional information where indicated.
a. The requested product is an integral repair part or accessorycompatible with existing equipment.
Existing Equipment:
Manufacturer/Model Number:
Age:
Current Estimated Value:
b. The requested product has unique design/performance specifications or quality requirements that are not available in comparable products. c. I have standardized the requested product and the use of another brand/model would require considerable time and funding to evaluate.
d. The requested product is one in which I (and/or my staff) have specialized training and/or extensive expertise. Retraining would incur substantial cost in time and/or funding.
e. The requested product is used or demonstration equipment available at a lower-than- new cost.
f. Repair/Maintenance service is available only from manufacturer or designated service representative.
g. Upgrade to or enhancement of existing software is available only from manufacturer. h. Service proposed by vendor is unique; therefore, competitive bids are not available or applicable.
i. Other factors (provide detailed explanation in #2 below).
2. Provide a detailed explanation and pertinent documentation for each category checked in item 1 above. Attach additional sheets if necessary:
Consolidated Office Systems is the coordinating vendor for the cooperative purchases from Global and Trendway Furniture, therefore quotes for delivery and assembly from other vendors are not available.
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EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT Page
Rev 1.31.19
3 3. Was an evaluation of other equipment, products, or services performed? Yes No
If yes, please explain the type of evalu ation performed and provide all supporting documentation:
4. List below the name of each individual who was involved in the evaluation, if conducted, and in making the recommendation to procure this product or service. Attach additional information, if necessary.
Explain what action(s) the department would take if the sole/single source services wereno longer available
I certify that the above information is accurate to the best of my knowledge, and a signedcopy of this document will be kept on file and available for audit in my department _________________________________________________________ Prepared by Date _________________________________________________________ Department Director Date Purchasing Approvals
______________________________________________________
Purchasing Agent Approval Date
_______________________________________________________ City Manager Approval Date
We would utilize city staff to assemble the furniture
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City Council/Successor Agency Meeting I. 23.
DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a disbursement of $207,768 to the American Youth Soccer Association (“AYSO”) as pro-rated reimbursement of funds received in connection with the City’s construction of the Redlands Sports Park and an additional appropriation from the Parks Development Fund (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 City Council approve the disbursement of $207,768 to the American Youth Soccer Association (“AYSO”) as pro-rated reimbursement of funds received in connection with the City’s construction of the Redlands Sports Park; and
1. I further move that City Council approve an additional appropriation of $207,768 from the Park Development Fund balance.
2. RECOMMENDATION:
Staff recommends that City Council approve the disbursement amount as described in the agreement with AYSO, and the additional appropriation of funds from the Park Development Fund.
DISCUSSION:
In March of 2008, the City and AYSO entered into a 25-year Field Use and Youth Soccer Program Agreement (the “Agreement”) for the Redlands Sports Park. As part of this Agreement, AYSO paid the City $500,000 that was applied to the construction of the Redlands Sports Park. The $500,000 represented an annual charge by the City of $20,000 for each year of use and programming of the fields by AYSO during the 25-year term.
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City staff have been working with AYSO on a new exclusive use agreement that will replace the previous one to ensure the fields remain safe and properly maintained.
On June 14, 2022, AYSO was provided a 180-day notice of termination of the current agreement in accordance with Section 23, effective December 14, 2022. Staff have determined the payout owed to AYSO, in accordance with Section 4 of the Agreement, to be $207,768 based on the remaining value of the initial $500,000 payment and interest calculated using the current rate at which the city earns in the State's Local Agency Investment Fund (1.35% as of 3rd quarter 2022 posting).
ALTERNATIVES:
City Council may elect to withdraw the termination notice and maintain the current agreement.
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:
Don Craw, Sr Manager, Facilities and Community Services Fiscal Impact
Fiscal Year: 2023
Revenue Generating: NO
Appropriation Required Y/N: Y
Amount: $207,768
Budgeted Y/N: NO
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Account No.: 250300-6501
Discussion:
Staff is recommending an additional appropriation in the amount of $207,768 for the disbursement to AYSO in accordance with Section 4 of the Agreement, which will be offset with the release of Park Development Funds.
The use of Park Development Funds is appropriate based on the construction of restrooms that the initial payment of $500,000 by AYSO was utilized for, as described in Section 3 of the Agreement.
The current cash balance of Park Development Fund (250) is $2,156,054 as of June 30, 2022
Attachments
Additional Appropriation Form
2008 AYSO Agreement with City
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City Council/Successor Agency Meeting J. 1.
DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Presentation of National Community Survey (NCS) Results (Public Information Officer Baker)
MOTION:
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to receive and file the presentation on the results of a National Community Survey (NCS) conducted by Policy Confluence Inc. dba Polco.
RECOMMENDATION:
Staff recommends that the City Council receive and file a presentation on the results of the National Community Survey (NCS) conducted by Policy Confluence Inc. dba Polco.
DISCUSSION:
In July 2021, as part of a multifaceted approach towards the development of a strategic vision for Redlands, the City Manager's Office contracted with Policy Confluence, Inc. dba Polco to conduct a community-wide survey. The survey instrument, known as the National Community Survey (the NCS), includes standard questions for measuring resident satisfaction levels and perceptions about the quality of local government services and four custom questions. The standardized portions of the NCS allow Polco to provide benchmark comparisons to any of the hundreds of communities who have conducted the survey. The NCS is the only resident survey tool endorsed by the International City/County Management Association (ICMA) and the National League of Cities. The results of the 2021 NCS were presented to the City Council in November 2021.
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In order to effectively gauge resident's continued satisfaction with City services, in February 2022, the City again contracted with Polco to conduct the 2022 NCS. In an identical manner to the 2021 NCS, in early September, the 2022 survey instrument was distributed to a randomly selected sample of Redlands residents, representative of the City's demographics and spread equitably among each of the five City Council election districts. On October 5, 2022, the survey was opened to general participation for all members of the community.
Data collection ended on October 19, 2022. During the months of October and November, Polco compiled the results into the report which will be presented to the City Council and the public this evening. After this presentation, the report will be available on the City's website.
SUBMITTED BY:
Janice McConnell, Assistant City Manager
REVIEWED BY:
Charles M. Duggan, Jr., City Manager
Yvette Abich Garcia, City Attorney
Carl Baker, Public Information Officer
PREPARED BY:
Ross Wittman, Project Manager
Fiscal Impact
Discussion:
There is no fiscal impact with the receipt and filing of the 2022 National Community Survey.
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City Council/Successor Agency Meeting J. 2.
DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Discussion and possible action relating to the process for selecting the Mayor and Mayor Pro Tempore, and their respective terms of office (Council Member Davis, and Mayor Pro Tem Tejeda) MOTION:
Should the City Council desire to modify the current practice in selecting the Mayor and Mayor Pro Tempore, the following motions are provided:
I move to direct staff to bring forth proposed changes to the City's Municipal Code for the selection of the Mayor and Mayor Pro Tem as proposed by Council Member Davis.
OR
1. I move to direct staff to bring forth proposed changes to the City's Municipal Code for the selection of the Mayor and Mayor Pro Tem as proposed by Mayor Pro Tem Tejeda.
2. Should the City Council desire to pursue Mayor Pro Tem Tejeda's Alternative Proposal, the following motion is provided:
I move to direct staff to develop the process to place the question before the voters to create the position of Mayor as elected at-large by the electors once every two years, and to include within this ballot the names of Council Members who have declared their interest in serving as Mayor.
3. Should the City Council desire to continue with its current practice of selecting the Mayor and Mayor Pro Tem, the following motion is provided:
I move to continue the City's current process of selecting the Mayor and Mayor Pro Tem by nomination and vote as according to past practice.
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DISCUSSION:
COUNCIL MEMBER DAVIS' PROPOSAL-Annual Seniority Based Rotation At the request of Council Member Davis, this item has been added to the agenda to allow City Council discussion relating to the process for selecting the Mayor and Mayor Pro Tem. The matter was initially brought forth at the December 15, 2020, City Council meeting, with continued discussion at the January 19, 2021, meeting. For this iteration, Council Member Davis would like to propose a 1-year seniority-based rotation with the most senior Council Member becoming Mayor, and the 2nd most senior serving as Mayor Pro Tem.
At the end of the 1-year term, the Mayor Pro Tem would then rotate into the role of Mayor. Council Member Davis' new proposal also includes an "opt-out" clause allowing a Council Member to decline serving as mayor.
Attached is an excerpt from the County of San Bernardino's Policy Manual that outlines the seniority based rotation schedule, and term limit for the office of Chairman of the San Bernardino Board of Supervisors.
MAYOR PRO TEM TEJEDA'S PROPOSAL-Selection After Declaration Mayor Pro Tem Tejeda would like to propose the following changes be made to the municipal code related to the selection of Mayor and Mayor Pro Tem.
Council Members must agendize their interest in being selected as Mayor or Mayor Pro Tem by their colleagues in the second regularly scheduled City Council meeting in November coinciding with a statewide general election;
1. Mayor and Mayor Pro Tem selection must occur at the next regularly scheduled City Council meeting following the certification of election results by the Registrar of Voters, and the installation of newly elected Council Members.
2. Mayor and Mayor Pro Tem selection will not be hindered due to any unforeseen circumstance preventing a newly elected Council Member from being sworn-in and installed;
3. Any Council Member who, having declared their interest in serving as Mayor or Mayor Pro Tem, may be selected by majority vote of their colleagues and serve a term reflecting the two-year statewide election cycle;
4. The Mayor and/or Mayor Pro Tem may resign from serving at anytime and for any reason without also resigning from their Council seat;
5. The Mayor and/or Mayor Pro Tem may be removed from their position by a6.
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The Mayor and/or Mayor Pro Tem may be removed from their position by a majority vote of their colleagues.
6. MAYOR PRO TEM TEJEDA'S ALTERNATIVE PROPOSAL-Voter Decree To remove the responsibility granted to the City Council by way of the municipal code to elect the Mayor from among its members and, furthermore, in an effort to place such responsibility in the hands of the community by way of a vote of the people in an at-large election for the Mayor of the City of Redlands, Mayor Pro Tem Tejeda proposes that Council consider the following:
Direct the City Clerk to prepare a ballot measure for a special election whereby the citizens of Redlands will be asked to vote that a Mayor be elected in an at-large election, and include within the ballot measure the names of any council members who declare their desire to be considered by the voters during such an election.
ADDITIONAL ALTERNATIVES:
The alternatives available to the City Council include, but are not limited to:
Take no action.1.
Assign two Council Members as an Ad Hoc Committee to prepare a modified policy.
2. Continue this item to a future meeting and direct staff to update data on other cities.
3. Request more information.4.
Provide alternate direction.5.
SUBMITTED BY:
Janice McConnell, Assistant City Manager
REVIEWED BY:
Charles M. Duggan, Jr., City Manager
Yvette M. Abich Garcia, City Attorney
Attachments
Research from 1/19/2021 Agenda Item
SBC Board of Supervisors Chair Selection Policy
Redlands Regular Meeting of 12/06/2022
440 of 599
RESEARCH SUMMARY
California Cities Population between 50,000 and 90,0000 Total Elected Mayor Total
General Law Cities w/ Elected Mayor: 18 Yes 28
General Law Cities w/ Non-Elected Mayor 29 No 39
Total: 47 Total: 67
Total General Law 47
Charter Cities w/ Elected Mayor 10 Charter 20
Charter Cities w/ Non-Elected Mayor 10 Total: 67
Total: 20
Total
1 year or less 29
2 or more years 0
Total: 29
Department of Finance
Demographic Research Unit
Phone: (916) 323-4086
For more information: https://dof.ca.gov/Forecasting/Demographics/Estimates/E-1/ Released on May 1, 2020
City websites and offices of the City Clerk
General Law & Charter
Municipality Type
General Law Cities
Charter Cities
General Law City - Mayoral Term