Redlands City Council
April 18, 2023

CITY OF REDLANDS

CITY COUNCIL

A G E N D A
APRIL 18, 2023

EDDIE TEJEDA
Mayor
PAUL T. BARICH
Mayor Pro Tempore

DENISE DAVIS
Council Member
JENNA

GUZMAN-LOWERY
Council Member

MARIO SAUCEDO
Council Member
***

JEANNE DONALDSON
City Clerk

ROBERT DAWES
City Treasurer
CHARLES M. DUGGAN JR.

City Manager
YVETTE M. ABICH GARCIA
City Attorney
5:00 p.m. Open Public Meeting, Public Comment (Closed Session) 6:00 p.m. Open Session (Public Meeting)
* * *
City Council Chambers
Civic Center, 35 Cajon Street, Redlands, California
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A G E N D A
The following information comprises the agenda for the regular meeting of the City Council of the City of Redlands at the times noted below in the City Council Chambers, Civic Center, 35 Cajon Street, Redlands, California, on:

TUESDAY, APRIL 18, 2023
To join via Zoom on a computer, laptop, or smart device Please visit www.zoom.us
, click on Join a Meeting
Enter the Meeting ID 824 4618 0187, then run the Zoom launcher To join via Zoom with audio only (cell phone or landline):

Dial 1-877-853-5247
Enter the Meeting ID 824 4618 0187
Should the City lose connectivity on Zoom, we will halt the meeting until it can be restored. To check on the status of remote connectivity in the event of an outage, go to the City’s website at www.cityofredlands.org or
to the City’s Facebook page at @CityofRedlands or the Instagram page at @CityofRedlands_CityHall.

In the event the City cannot reestablish Zoom connectivity in a reasonable amount of time, the mayor will adjourn the meeting to a future date.

PLEASE NOTE: Anyone desiring to speak on an agendized item at this meeting may do so during the consideration of that item. Due to time constraints and the number of persons who may wish to give oral testimony, public comments will be limited to three (3) minutes.

To provide comment while participating from Council Chambers:

Although it is not required, speakers are encouraged to submit a "Speaker Sign Up Sheet" before the meeting is convened. Forms are available in the Office of the City Clerk or in Council Chambers.

After the meeting has convened, you may place the speaker form in the basket at the table along the north wall of the Chambers. Please do not disturb the City Clerk while the meeting is in progress.

To provide comment through Zoom (on a computer, laptop, or smart device):

Click the "Raise Hand" button and the moderator will unmute you when it is your turn to speak To provide comment via audio only (cell phone or landline):

Dial *9 to "Raise Hand". The moderator will identify you by your area code and last 3 numbers of your telephone number when it is your turn to speak.

PLEASE SILENCE CELL PHONES, PAGERS AND OTHER ELECTRONIC

COMMUNICATION DEVICES UPON ENTERING THE CHAMBERS
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5:00 P.M.

A. Call City Council Meeting to Order.

B. Public Comment
(Any person wishing to provide public comment on a closed session matter may do so at this time.)
C. Recess City Council Meeting to a Closed Session

1. Conference with labor negotiator - Government Code §54957.6 (Assistant City Manager McConnell)
Agency Negotiator: Laura Kalty, Liebert Cassidy Whitmore; Janice McConnell; Tommi Ng, Danielle Garcia
Employee
Organizations:

Redlands Association of Department Directors
Redlands Association of Management Employees
Redlands Association of Mid-Management Employees
Redlands Association of Safety Management Employees
Redlands Association of Fire Management Employees
Redlands Police Officers Association
Redlands Professional Firefighters Association
Redlands Civilian Safety Employees
Teamsters Local 1932 Redlands Chapter
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6:00 P.M.

D. Reconvene City Council Meeting
E. Invocation by Mayor Tejeda
Pledge of Allegiance by the J&B Singers of Judson and Brown Elementary School (In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief invocation. Such invocations are not intended to proselytize or advance any one, or to disparage any other, faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.) F. Closed Session Report
(No reportable action taken in closed session unless otherwise announced by the City Attorney at this time.)
G. Presentations

1. National Pet Adoption Day Proclamation presented to Redlands Animal Shelter Supervisor Jodi Kroeger

2. Arbor Day Proclamation presented to Chris Sedmack
H. Public Comment - City Council
(At this time, the City Council will provide an opportunity for the public to address them on any subject, within the jurisdiction of the City Council, which is not already scheduled on this agenda. However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.) I. Consent Calendar
(The following routine items have been recommended for approval and will be acted upon simultaneously unless separate discussion and/or action is requested by a Councilmember or a member of the audience.)

1. Approve the regular meeting minutes of April 4, 2023 (City Clerk Donaldson)

2. Authorize issuance of a proclamation declaring the month of April 2023 as Child Abuse Prevention Month (Mayor Tejeda)

3. Authorize issuance of a proclamation declaring May 4, 2023 as National Day of Prayer in the City of Redlands (Mayor Tejeda)

4. Authorize the issuance of a proclamation declaring April 28, 2023 as Arbor Day in the City of Redlands (Mayor Tejeda)

5. Authorize the issuance of a proclamation declaring April 30, 2023, as National Adopt a Shelter Pet Day (Mayor Tejeda and Council Member Guzman-Lowery)

6. Authorize issuance of a proclamation declaring March 30, 2023 as Welcome Home Vietnam Veterans Day (Mayor Tejeda and Council Member Saucedo)

7. Disclosure of Settlement Agreement and Release of All Claims - Sherry Allen; San Bernardino County Superior Court Case No. CIVDS 1908766 (City Attorney Garcia) Recycled Paper
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8. Adopt ORDINANCE NO. 2955 (Second Reading) AN ORDINANCE OF THE CITY OF REDLANDS AMENDING TITLE 18 (ZONING REGULATIONS) OF THE REDLANDS MUNICIPAL CODE, CHAPTER 18.156, IMPLEMENTING NEW WAREHOUSE DEVELOPMENT STANDARDS, AND AMENDING OTHER CHAPTERS OF TITLE 18 TO REQUIRE A CONDITIONAL USE PERMIT FOR NEW WAREHOUSE DEVELOPMENT PROJECTS, AS DEFINED, IN THE COMMERCIAL INDUSTRIAL (C-M), LIGHT INDUSTRIAL (M-1), GENERAL INDUSTRIAL (M-2), AND INDUSTRIAL (I-P) ZONING DISTRICTS (Development Services Director Desatnik)

9. Adopt Resolution No. 8461 assigning an Americans with Disabilities Act (ADA) Coordinator, updating ADA grievance procedure, rescinding Resolutions No. 6248 and 7171, and determining that approval of this resolution is exempt from environmental review in accordance with Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

10. Approve a single-source purchase of the Cellebrite software and hardware to run the Cellebrite system, to perform forensic analysis of mobile devices, for the amount of $54,326.07  (Interim Police Chief Tolber)

11. Approve a purchase order increase modification of $40,000, for a not to exceed total of $90,000, with Galls LLC for the purchase of body armor and other law enforcement equipment (Interim Police Chief Tolber)

12. Approve an agreement with Watson Furniture Group for the Emergency Operations Center office reconfiguration in the amount of $115,623.87 (Interim Police Chief Tolber)

13. Approve a request to hold the Redlands Firefighter's Car show event hosted by the Redlands Professional Firefighters Association on May 28, 2023, at Ed Hales Park and along East State Street; authorize temporary street closures related to the event; approve a request for in-kind support in the amount of $6,594.00; authorize the sale and consumption of alcoholic beverages at the event, and determine that the event is categorically exempt from environmental review pursuant to Section 15301 of the state’s guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)

14. Approve an agreement with Pro-Craft Construction, Inc. for city wide on-call plumbing and repair services for a one-year term and two (2) additional one-year terms for an amount not to exceed $150,000 (Assistant City Manager Boatman)

15. Approve the license agreement with Randy Nordgren, business name "Dawg Social", for a hot dog cart located at City Hall, 35 Cajon Street, and determination that approval of the agreement is exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)

16. Approve a Second Amendment to the Public Works Contract with My Electrician Inc. for the Redlands Bowl Electrical and Theatrical Lighting Upgrade, to extend time for completion by two hundred ten (210) calendar days (Assistant City Manager Boatman)

17. Approve the request for the serving and consumption of alcoholic beverages at Heritage Park and the Grove School property for the Farm to Fork Dinner Fundraiser supporting the Armantrout Education Foundation to be held on April 22, 2023, and determine that approval of the request is exempt from environmental review pursuant to Section 15061(b)(3) of the state’s guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman) Recycled Paper
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J. Communications

1. Video Series: Working for You (Public Information Officer Baker) K. Public Hearings

1. Resolution No. 8462
(Mayor to declare meeting open as a public hearing)
Public Hearing to consider Resolution No. 8462 - A request for approval of Street Vacation No. 191 to vacate approximately 1,317 linear feet of public right-of-way adjacent to the frontage of the parcel located at the northwest corner of Wabash Avenue and Reservoir Road (identified as Assessor's Parcel Number 0174-281-13-0000) (Applicant: Terracina Recovery, LLC) (Development Services Director Desatnik) a.

L. New Business

1. Consideration of the 2022 Annual Progress Reports for the General Plan and the 2021-2029 Housing Element (Development Services Director Desatnik)

2. Acceptance of the FY22 Emergency Operations Center Grant Program subrecipent award in the amount of $712,500, for the City of Redlands Emergency Operations Center improvement project, and approve an additional appropriation for the same (Fire Chief Sessler)

3. Consideration of a Public Works Contract with Matich Corporation for the Pavement Management Program (PMP) 2022 Street Resurfacing Project for an amount not-to-exceed $4,970,068, approval of a $970,068 additional appropriation from the unassigned PARIS Fund, and determination that the Project is categorically exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

4. Consideration of a purchase order modification in the amount of $70,000 with Olin Corporation for supply and delivery of sodium hypochlorite bringing the total purchase order amount to $365,000 for the remainder of Fiscal Year 22/23 (Municipal Utilities and Engineering Director Harris)

5. Consideration of an agreement with Quinmar Janitorial, Inc. for city-wide janitorial services for a three-year term, not to exceed  $1,495,309.92 and approval of additional appropriations in the amount of $81,578.71 for Fiscal Year 2022-23 and $139,731.84 for Fiscal Year 2023-24 (Assistant City Manager Boatman)

6. Consideration of the First Amendment to the Agreement with Southern California Fleet Services to increase the total compensation for an amount not to exceed $2,230,000; adoption of Resolution No. 8463 amending Resolution No. 8331 to approve a Purchase Order Modification with Ray Gaskin Service, Inc. not-to-exceed $300,000 to obtain equipment-specific parts (Assistant City Manager Boatman)

7. Consideration of a Memorandum of Understanding for Land Use Entitlement Processing with the County of San Bernardino and PR III/MP Redlands Industrial, LLC (Assistant City Manager Boatman)
M. Individual Council Member Announcements and/or Reports on Activities (No collective discussion or action.)
N. Adjournment
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N. Adjournment
The next regular meeting of the City Council will be held on May 2, 2023.

If you challenge any proposed development entitlement listed on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Goutam Dobey, of the Municipal Utilities and Engineering Department at (909) 798-7584 ext 2. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
(28 CFR 35.102-35.104 ADA Title II)
Any writings or documents distributed to a majority of the City Council regarding an open session agenda item less than 72 hours before this meeting are available for public inspection at the City Clerk's Office or at the dais of the City Clerk once the open session begins.

Staff reports or other written documentation relating to items referred to on the agenda are available at the A. K. Smiley Public Library, 125 West Vine Street, Redlands, California, and on the City’s website referenced below.

Regular meetings are televised live on Redlands TV Channel 3 (Spectrum) and Channel 35 (Frontier) and re-broadcast at 7:00 P.M. the following Wednesday, Friday and Sunday; and at 9:00 A.M. Thursday, Saturday and Monday. Meetings are also streamed live and archived for later viewing on demand on the City’s website at www.cityofredlands.org
. Agendas, staff reports and minutes of the City Council of the City of Redlands are available online at: www.cityofredlands.org.

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City Council Meeting I. 1.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the regular meeting minutes of April 4, 2023 (City Clerk Donaldson)
MOTION:

I move to approve the regular meeting minutes of April 4, 2023.

Attachments
Regular meeting minutes of April 4, 2023
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MINUTES

Regular meetings of the City Council and the Board of Directors of the Successor Agency of the former Redevelopment Agency of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on April 4, 2023 at 5:00 P.M.

Present:  Eddie Tejeda, Mayor
Paul Barich, Mayor Pro Tempore
Jenna Guzman-Lowery, Council Member
Mario Saucedo, Council Member

Absent: Denise Davis, Council Member
Staff: Charles M. Duggan, Jr., City Manager; Yvette M. Abich Garcia, City Attorney; Jeanne Donaldson, City Clerk; Janice McConnell, Assistant City Manager; Chris Boatman, Assistant City Manager; Carl Baker, Public Information Officer; Chris Catren, Police Chief; Danielle Garcia, Management Services/Finance Director; Brian Desatnik, Development Services Director; John Harris, Municipal Utilities and Engineering Director; Rich Sessler, Fire Chief

Mayor Tejeda called the meeting to order and announced there were no closed session matters scheduled for the City Council to consider. The meeting was recessed at 5:00 P.M.

RECONVENE CITY COUNCIL MEETING
Mayor Tejeda reconvened the meeting at 6:00 P.M. and announced that comments could be presented in-person, via Zoom, via cell phone or landline. An invocation was provided by Mayor Pro Tempore Barich. The pledge of allegiance to the American flag was conducted by the Student Lighthouse Team of Bryn Mawr Elementary School.

PRESENTATIONS

Redlands Pet Adoption
Animal Services Supervisor Jodi Kroeger and Animal Services Officer Trevor Houser introduced “Frankie”, a five-year-old female Pit Bull mix who is available for adoption, along with thirty-seven other dogs and eight cats at the Redlands Animal Shelter. Ms. Kroeger informed the Council there had been twenty-nine dogs and five cats adopted in March 2023.

Teacher of Excellence Certificates
Mayor Tejeda presented Teacher of Excellence certificates to Ana Aguirre, Krista Burgess, and Andrea Jessup of Redlands Unified School District. The Mayor noted that Jennifer Baldwin, another recipient was unable to attend tonight's meeting.

DMV/Donate Life California
CC_SA_April 4, 2023

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DMV/Donate Life California
Mayor Tejeda presented a Proclamation declaring the month of April 2023, as DMV/Donate Life California to John and Susan VanCampen, representing One Legacy.

Dolores Huerta Day Proclamation
Council Member Saucedo presented a Proclamation recognizing Dolores Huerta Day to Connie Aguirre, Dolores Cortez, Maria Pilar Lara, and Jessie Agnus Lara.

PUBLIC COMMENT

Teamsters Support- Rich Smith, representing the Teamsters Local 1932, stressed the importance of treating all City bargaining units with respect and dignity during labor negotiations. Over 100 additional City employees were present showing their support.

Pride Flag For and Against - Jay Zercher spoke in opposition to revising the current flag policy and flying the pride flag in June as he thought this action would cause divisiveness and discriminate against other groups. Tracy Wise and Felipe Albertao supported flying the Pride Flag as a way to show that Redlands welcomes everyone.

Various Concerns
- Dennis Bell announced A.K. Smiley Library was seeking public input for the Library's 5-year strategic plan and he recommended everyone take the survey. He was concerned about the workplace culture of the Redlands Police Department and he complained that the Arrow Train had very low ridership.

Memorial Plaque
- Tom Fontanes suggested the Council consider providing funds for a memorial plaque at the Palm Springs Air Museum for Dr. Robert White, in memory of his Distinguished Flying Cross.

Earth Day Support - Aaron Guest thanked the City and ANCA for their efforts in supporting the goals of Earth Day.

CONSENT CALENDAR

Minutes

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council approved, by roll call vote, the minutes of the regular meeting of March 21, 2023.

Vote: 4 - 0 Passed

Donate Life Month Proclamation

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council approved, by roll call vote, the issuance of a proclamation declaring the month of April, 2023 as National Donate Life Month.

CC_SA_April 4, 2023

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Vote: 4 - 0 Passed

Earth Day Proclamation

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council approved, by roll call vote, the issuance of a proclamation declaring April 22, 2023, as Earth Day.

Vote: 4 - 0 Passed

Arts, Culture, and Creativity Month Proclamation

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council approved, by roll call vote, the issuance of a proclamation declaring the month of April 2023 as Arts, Culture, and Creativity Month.

Vote: 4 - 0 Passed

Dolores Huerta Day Proclamation

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council approved, by roll call vote, the issuance of a proclamation declaring April 10, 2023, as Dolores Huerta Day.

Vote: 4 - 0 Passed

Citizens' Measure T Oversight Committee Appointment

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council appointed, by roll call vote, Edward Millican (District 3) to serve a two-year term on the Measure T Oversight Committee ending March 21, 2025.

Vote: 4 - 0 Passed

Support Letter of AB 1000 Good Neighbor Policy

Assistant City Manager McConnell provided background on AB 1000 and requested the City Council authorize Mayor Tejeda to sign a letter on behalf of the City of Redlands in support of AB 1000 Good Neighbor Policy. As public comment, Dennis Bell thought the timing was too late. Jimmy Elrod of Southwest Carpenters Union, LIUNA (Laborers Union) members Alex Zamora, Bill Quisenberry, Al Sanchez, Thomas Ruiz, Alex Artiaga, and Jose Garcia, and Bill Blankenship of NAIOP Inland Empire opposed AB 1000 stating it was a job killer, took away local control, was only recently proposed and needed more time for vetting. They encouraged the City to take more time and consider all options, such as the new bill proposed by Assemblymember Ramos.

Those in support of AB 1000 were Maria Rizvi, representing Assemblymember Eloise Reyes, who sponsored the bill, Joquin Castillejos, Felipe Albertao and a member of ICIJ. They questioned the merits of the Ramos Bill and pointed to the concerns of outdoor vendors who CC_SA_April 4, 2023

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are suffering health impacts from working so closely to warehouses. Andy Hoder urged the Council to seek a balance of protecting health and safety without losing sight of the economic benefits of warehouses.

Council Members discussed their concerns, including how the bill might affect local control, whether they should consider an alternative bill, AB 1748 as proposed by Assemblymember James Ramos, the idea of tabling the item for a future date, the notion of community over industry and questions surrounding the sustainability of warehouses.

On motion of Council Member Mario Saucedo, seconded by Mayor Pro Tempore Paul Barich, the City Council, by roll call vote, authorized Mayor Tejeda to sign a letter on behalf of the City in support of AB 1000 Good Neighbor Policy.

Vote: 2 - 2 Failed
NAY:  Mayor Eddie Tejeda
Council Member Jenna Guzman-Lowery

Bid Rejection Water and Wastewater Laboratory Services

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council rejected, by roll call vote, all bids received for Water and Wastewater Laboratory Services and directed staff to solicit new bids.

Vote: 4 - 0 Passed

Emergency Resolution No. 8065 Report

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council approved, by roll call vote, to receive and file the report regarding Emergency Resolution No. 8065 proclaiming the existence of a local emergency in response to COVID-19 (Coronavirus Disease 2019).

Vote: 4 - 0 Passed

Resolution No. 8455  Emergency Paramedic Services Special Tax

Fire Chief Sessler reviewed Resolution No. 8455 establishing the rate for the voter-approved special tax for emergency paramedic services for Fiscal Year 2023-2024 and that in 1985, the voters approved this special tax assessment necessary to fund anticipated paramedic expenses, provided the special tax rate does not exceed the maximum allowance limits as set forth in Ordinance No. 1900. As public comment, Dennis Bell wondered how much of the General Fund was being used to pay for this program and he recommended the City use Measure T funds.

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna CC_SA_April 4, 2023

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On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council approved, by roll call vote, Resolution No. 8455 establishing the rate for the voter-approved special tax for emergency paramedic services for Fiscal Year 2023-2024.

Vote: 4 - 0 Passed

Resolution No. 8454 Intent to Vacate Street Right-of-Way

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council approved, by roll call vote, Resolution No. 8454 declaring the City Council's intention to vacate excess street right-of-way (Street Vacation No. 189) that is 30 feet in width and approximately 927 feet in length, and totaling approximately 28,805 square feet in area, located on the north side of Edgemont Drive along the property frontages of 212 and 226 Edgemont Drive (APNs: 0294-141-33-0000 and 0294-141-12-0000). This proposal is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines (Development Services Director Desatnik) Vote: 4 - 0 Passed

Resolution No. 8458 Outside City Utility Connection

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council approved, by roll call vote, Resolution No. 8458 for a new connection to the City of Redlands water distribution system and sewer collection system at 1231 Ansley Lane in the unincorporated community of Mentone, Tract 13514, Lot 7, Outside City Case No. 23-01; and determined that the Resolution is exempt from environmental review pursuant to Sections 15303(a) and 15319(b) of the California Environment Quality Act (CEQA) guidelines.

Vote: 4 - 0 Passed

Resolution No. 8456 Outside City Water Service Agreement

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council approved, by roll call vote, Resolution No. 8456 relating to Pre-Annexation Agreement No. 23-01 for the provision of water service to a vacant lot for a water connection and sewer connection for a proposed single-family residence on a vacant parcel located at 1231 Ansley Lane in the unincorporated community of Mentone, (APN:
029-391-07-0000); and determined that approval of this resolution is exempt from environmental review pursuant to Sections 15319 and 15303(d) of the California Environmental Quality Act (CEQA) guidelines.

Vote: 4 - 0 Passed

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Resolution No. 8459 Outside City Utility Connection

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council approved, by roll call vote, Resolution No. 8459 for a new connection to the City of Redlands water distribution system and sewer collection system at 1235 Ansley Lane in the unincorporated community of Mentone, Tract 13514, Lot 8, Outside City Case No. 23-02; and determined that the Resolution is exempt from environmental review pursuant to Sections 15303(a) and 15319(b) of the California Environment Quality Act (CEQA) guidelines.

Vote: 4 - 0 Passed

Resolution No. 8457 Outside City Water Service Agreement

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council adopted, by roll call vote, Resolution No. 8457 relating to Pre-Annexation Agreement No. 23-02 for the provision of water and sewer service to a vacant lot for a proposed single-family residence on a vacant parcel located at 1235 Ansley Lane in the unincorporated community of Mentone, (APN: 029-391-08-0000) and determine that adoption of this Resolution is exempt from environmental review pursuant to Sections 15319 and 15303(d) of the California Environmental Quality Act (CEQA) guidelines.

Vote: 4 - 0 Passed

Support of AB 1708

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council authorized, by roll call vote, Mayor Tejeda to sign a letter on behalf of the City of Redlands in support of AB 1708.

Vote: 4 - 0 Passed

COMMUNICATIONS

ANCA Earth Day Events

Mayor Tejeda introduced Richard Corneille, of Accelerate Neighborhood Climate Action (ANCA) who provided a timeline of activities planned in celebration of Saturday, April 22 Earth Day. This year the celebration is called "A Day of Climate Action in Redlands", and will offer 30 projects throughout the community, including both hands-on and educational activities. Mayor Tejeda encouraged everyone to participate in Earth Day activities and presented a Proclamation in celebration of Earth Day to Mr. Corneille and Linda Richards.

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NEW BUSINESS

Ordinance No. 2922 Re-introduction Sidewalk Vending

Assistant City Manager Boatman summarized Ordinance No. 2922 to establish regulations governing sidewalk vendors within City limits. He explained that on March 21, 2023, the City Council approved the introduction of the ordinance of the City of Redlands adding Chapter 12.45 and amending Chapter 12.44 to the Redlands Municipal Code. In 2018, the California Legislature passed Senate Bill 946 which prohibits cities from banning sidewalk vending outright or from otherwise restricting sidewalk vendors in the public right-of-way and in public parks. Upon approval of the introduction of Ordinance No. 2922, staff identified a few minor revisions and typos that are necessary for clarification of the new ordinance.

In recent years, the city has seen a trend in the operation of sidewalk vendors within the city limits. Some vendors have risked the health and safety of the public by creating traffic hazards and operating without appropriate health or food handling permits. Currently, the City's Municipal Code does not contain regulations for the operation of sidewalk vendors.

Speakers opposed to the ordinance included, Eddie Sanchez, Felipe Albertao, Lyzzeth Mendoza, Neha Basu, Jessica Alocer, Yeni Ruiz, David Freidman, Tracy Wise, Alissa Slaughter, Javier Hernandez, Ana Gonzales, Joquin Castillejos, and representatives from Revolution Carts, Richard Gomez and Matt Geller. They focused on the benefits that sidewalk vendors bring to a community, such as neighborhood vitality, economic value and safer streets. They urged the Council to table the matter and take more time to thoroughly examine the proposed recommendations as submitted by Maribel Nunez from Inland Equity Community Land Trust and in partnership with Inland Coalition for Immigrant Justice.

Andrea Ramirez questioned the need to re-introduce this item, supported the ordinance, as is, and thought it necessary to protect the public's health and safety and require vendors to comply with all state, county and city regulations. Through a lengthy Council Member discussion, the merits of the ordinance were debated. Mayor Pro Tem Barich and Council Member Guzman-Lowery agreed to meet as an ad hoc committee, study the recommendations as submitted by Mirable Nunez and report back to the Council.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Mario Saucedo, the City Council agreed, by roll call vote, to delay the vote on the matter and authorized Mayor Pro Tem Barich and Council Member Guzman-Lowery to meet as an ad hoc committee to review the recommendations as provided by Maribel Nunez of the Inland Equity Community Land Trust and in partnership with ICIJ Coalition and report back to the City Council in May 2023.

Vote: 3 - 1 Passed
NAY:  Mayor Eddie Tejeda

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Resolution No. 8460 National Opioids Settlement Agreements

City Attorney Abich Garcia presented Resolution No. 8460 regarding approval of National Opioids Settlement Agreements with Allergan, CVS, Teva, Walgreens, and Walmart. The resolution would authorize the City to participate in the national settlements with the Settling Defendants on the terms and conditions of those settlement agreements. On April 5, 2022, the City Council approved an agreement with San Bernardino County to reallocate Redlands’ portion of the settlement proceeds to be used by the County for its county-wide opioid remediation programs. These settlements, if agreed and adopted, will provide substantial funds to states and subdivisions for abatement of the opioid epidemic across the country and will impose changes in the way the Settling Defendants conduct their business with regard to the distribution of opioid medications.

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council approved, by roll call vote, Resolution No. 8460 authorizing the City to participate in the national settlements with the Settling Defendants on the terms and conditions of those settlement agreements; and authorized the City Manager to execute the referenced settlement agreements.

Vote: 4 - 0 Passed

PUBLIC HEARING

Ordinance No. 2955 Warehouse Projects Development & Operating Standards

Mayor Tejeda declared the meeting open as a public hearing and called on Brian Foote, Planning Manager of Development Services, for a summary of Ordinance No. 2955 for Ordinance Text Amendment No. 365 to amend Title 18 (Zoning Regulations) of the Redlands Municipal Code to establish new development standards and operating standards for warehouse development projects within the City. The proposed ordinance would require a Conditional Use Permit for new warehouse development projects in Commercial Manufacturing (C-M), Light Industrial (M-1), General Industrial (M-2), and Industrial (I-P) zones. On February 21, 2023, the City Council held a public hearing, received public comments, and discussed the proposed ordinance. Councilmembers suggested the possibility of a prohibition on all new warehouse developments in the City, and continued the matter so that staff could research the potential for a zoning code amendment. Staff recommended it was not advisable to implement a total prohibition on new warehouse development projects, as there are very few remaining large vacant lots in the City within one mile of a freeway that could support the development of a new warehouse/distribution center.

As public comment, Jimmy Elrod, of Southwest Carpenters Union, Bill Blankenship of NAOP Inland Empire and Nicole Torstvet, Development Director of Prologis, all fully supported the new standards and recommended the Council introduce the Ordinance tonight. One written comment was received from Donald Weder, President of Seven W enterprises, Inc., expressing confidence in the Council's decision. With no further comment, Mayor Tejeda closed the public hearing. Each Council Member thanked the staff for their efforts and echoed their support of the ordinance.

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On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council introduced, by roll call vote, Ordinance No. 2955 and found that the Ordinance is exempt pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the California Environmental Quality Act Guidelines.

Vote: 4 - 0 Passed

COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES

Mayor Pro Tem Barich encouraged everyone to participate in the Earth Day activities on April 22.

ADJOURNMENT

There being no further action required the meeting adjourned at 9:07 P.M. The next regular meeting of the City of Redlands City Council will be held on April 18, 2023.

SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS

Chairman Tejeda called the meeting to order and offered anyone present the opportunity to address the Board on any subject, not already on the agenda, within the jurisdiction of the Successor Agency.

PUBLIC COMMENT

None forthcoming

Minutes

On motion of Vice Chair Barich, seconded by Board Member Guzman-Lowery, the minutes of the regular meeting of March 7, 2023 were unanimously approved, by roll call vote.

Vote:  4 – 0 Passed (Board Member Davis Absent)

ADJOURNMENT

There being no further business, the Successor Agency Board of Directors' meeting was adjourned at 9:08 P.M. The next regular meeting of the Agency will be held on May 2, 2023.

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City Council Meeting I. 2.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of a proclamation declaring the month of April 2023 as Child Abuse Prevention Month (Mayor Tejeda)
MOTION:

I move to authorize issuance of a proclamation declaring the month of April 2023 as Child Abuse Prevention Month.

Attachments
Proclamation - Child Abuse Prevention Month 2023
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City Council Meeting I. 3.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of a proclamation declaring May 4, 2023 as National Day of Prayer in the City of Redlands (Mayor Tejeda) MOTION:

I move to authorize issuance of a proclamation declaring May 4, 2023 as National Day of Prayer in the City of Redlands
Attachments
National Day of Prayer 2023
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City Council Meeting I. 4.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize the issuance of a proclamation declaring April 28, 2023 as Arbor Day in the City of Redlands (Mayor Tejeda)
MOTION(S):

I move to authorize the issuance of a proclamation declaring April 28, 2023 as Arbor Day in the City of Redlands
RECOMMENDATION:

Staff recommends that the City Council authorize issuance of the proclamation for calendar year 2023 recognizing the celebration of Arbor Day in the City of Redlands.

DISCUSSION:

The City of Redlands has enjoyed long-term standing as a Tree City USA. The award is bestowed annually in recognition of work completed by the City during the previous calendar year. Tree City USA cities are recognized for their urban forestry aesthetics, enhanced air quality, positive public image, and heightened civic pride through urban forestry management.

Each year, the City declares its continued dedication to National Arbor Day by approving a proclamation recognizing the celebration of this day with the planting of trees at locations recommended by the Street Tree Committee and approved by the Facility and Community Services Department. In 2021, the City coordinated the planting of six replacement trees comprised of Red Flowering Gum Eucalyptus, Peppermint Box Eucalyptus, and Western Redbud trees.

These six specimen replaced four large and failing Mulberry trees, the Mulberry trees began to fail sporadically which created a very hazardous situation as these trees immediately abut Texonia Park's playground area.

The City Council's approval of the proclamation for the annual celebration of the Redlands Regular Meeting of 04/18/2023
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The City Council's approval of the proclamation for the annual celebration of the National Arbor Day is a prerequisite to the City being recognized by the National Arbor Day Foundation as a Tree City USA. This year, 2022, will mark the twenty-seventh year that the National Arbor Day Foundation will bestow the City of Redlands with the designation of Tree City USA.

ALTERNATIVES:

The City Council may choose not to approve the proclamation.

STRATEGIC PLAN:

Supports Focus Area D: Land Resource Management
SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

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

Janice McConnell, Assistant City Manager
PREPARED BY:

Erik Reeves, Field Services Superintendent
Fiscal Impact
Fiscal Year: N/A
Revenue Generating: N/A
Appropriation Required Y/N: N/A
Amount: N/A
Budgeted Y/N: N/A
Account No.: N/A
Discussion:

Not Applicable
Attachments
Arbor Day Proclamation
Redlands Regular Meeting of 04/18/2023
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City Council Meeting I. 5.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize the issuance of a proclamation declaring April 30, 2023, as National Adopt a Shelter Pet Day (Mayor Tejeda and Council Member Guzman-Lowery)
MOTION:

I move to authorize issuance of a proclamation declaring April 30, 2023 as National Adopt a Shelter Pet Day.

Attachments
National Adopt a Shelter Pet Day 2023
Redlands Regular Meeting of 04/18/2023
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City Council Meeting I. 6.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of a proclamation declaring March 30, 2023 as Welcome Home Vietnam Veterans Day (Mayor Tejeda and Council Member Saucedo)
MOTION:

I move to authorize issuance of a proclamation declaring March 30, 2023, as Welcome Home Vietnam Veterans Day.

Attachments
Proclamation - Welcome Home Vietnam Veterans Day
Redlands Regular Meeting of 04/18/2023
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Redlands Regular Meeting of 04/18/2023
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City Council Meeting I. 7.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Disclosure of Settlement Agreement and Release of All Claims - Sherry Allen; San Bernardino County Superior Court Case No.

CIVDS 1908766 (City Attorney Garcia)
DISCUSSION:

Attached is a copy of the "Settlement Agreement and Release of All Claims," which reflects the terms and conditions for settlement of the above-mentioned litigation as approved by the City Council and City Attorney. In accordance with the City's Municipal Code, and following the spirit of the Brown Act, this matter is on your agenda to notify the public of the settlement negotiated by the City.

SUBMITTED BY:

Yvette M. Abich Garcia,City Attorney
REVIEWED BY:

Charles M. Duggan, Jr., City Manager
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Larry Alms, Administrative Analyst
Attachments
A. Settlement Agreement
Redlands Regular Meeting of 04/18/2023
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City Council Meeting I. 8.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt ORDINANCE NO. 2955 (Second Reading) AN ORDINANCE OF THE CITY OF REDLANDS AMENDING TITLE 18 (ZONING

REGULATIONS) OF THE REDLANDS MUNICIPAL CODE,
CHAPTER 18.156, IMPLEMENTING NEW WAREHOUSE

DEVELOPMENT STANDARDS, AND AMENDING OTHER
CHAPTERS OF TITLE 18 TO REQUIRE A CONDITIONAL USE

PERMIT FOR NEW WAREHOUSE DEVELOPMENT PROJECTS,

AS DEFINED, IN THE COMMERCIAL INDUSTRIAL (C-M), LIGHT
INDUSTRIAL (M-1), GENERAL INDUSTRIAL (M-2), AND
INDUSTRIAL (I-P) ZONING DISTRICTS (Development Services Director Desatnik)
MOTION(S):

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

I move to adopt Ordinance No. 2955.

RECOMMENDATION:

It is recommended the City Council adopt of Ordinance No. 2955, amending Title 18 (Zoning Regulations) of the Redlands Municipal Code, Chapter 18.156, implementing new warehouse development standards, and amending other chapters of Title 18 to require a conditional use permit for new warehouse development projects, as defined, in the Commercial Industrial (C-M), Light Industrial (M-1), General Industrial (M-2), and Industrial (I-P) zoning districts.

DISCUSSION:

The proposed ordinance and staff report prepared for the introduction of this ordinance are available in the City Clerk's office.

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ALTERNATIVES:

The Council may continue this matter in order to allow additional time to review Ordinance No. 2955.

STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:

Jeanne Donaldson, City Clerk
RECOMMENDED BY:

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:

Jeanne Donaldson, City Clerk
Fiscal Impact
Discussion:

Codification: $22/per page affected by the change
Legal Publication: $285
Attachments
Ordinance No. 2955 Warehouse Development Standards
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1 I:\cmo\Ordinances\2955_clean_Warehouse_dev_standards_and_CUP_required.docx ORDINANCE NO. 2955
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING TITLE 18
(ZONING REGULATIONS) OF THE REDLANDS MUNICIPAL CODE ,
CHAPTER 18. 156, IMPLEMENTING NEW WAREHOUSE DEVELOPMENT STANDARDS, AND AMENDING OTHER CHAPTERS OF TITLE 18 TO

REQUIRE A CONDITIONAL USE PERMIT FOR NEW WAREHOUSE

DEVELOPMENT PROJECTS, AS DEFINED, IN THE COMMERCIAL
INDUSTRIAL (C-M), LIGHT INDUSTRIAL (M -1), GENERAL INDUSTRIAL (M-2), AND INDUSTRIAL (I-P) ZONING DISTRICTS.

WHEREAS, Ordinance No. 2955 (Ordinance Text Amendment No. 365) would amend Chapter 18.156 (Development Provisions for Specific Uses) of Title 18 (the City’s “Zoning Ordinance”) of the Redlands Municipal Code to implement new development standards for warehouse development projects, as defined, and to amend the list of permitted and conditionally permitted uses in the Commercial Industrial (C-M), Light Industrial (M-1), General Industrial (M- 2), and Industrial (I-P) zones to require a Conditional Use Permit for new warehouses, as defined; and

WHEREAS, on December 13 , 2022, the Planning Commission held a noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, Ordinance Text Amendment No. 365 and at which the Planning Commission continued the public hearing to January 24, 2023; and

WHEREAS, on January 24, 2023, the Planning Commission held a continued public hearing at which interested persons had an opportunity to testify in support of, or opposition to, Ordinance Text Amendment No. 365 and at which the Planning Commission considered Ordinance Text Amendment No. 365; and

WHEREAS, the proposed Ordinance No. 2955 is exempt from environmental review in accordance with Sections 15061(b)(3), 15308, and 15378(b)(5) of the California Environmental Quality Act Guidelines; and

WHEREAS, following the public hearing on January 24, 2023, the Planning Commission determined that Ordinance Text Amendment No. 365 would be in conformity with the 2035 General Plan, and would be consistent with goals of the General Plan for transportation, connectivity, compatibility and harmonious relationship of different land uses, and energy sustainability; and
WHEREAS, on January 24, 2023, the Planning Commission recommended to the City Council that proposed Ordinance No. 2955 be approved; and

WHEREAS, in accordance with Government Code section 65090, on or about March 24 , 2023, the City Clerk gave notice by publication in a newspaper of general circulation of the holding of a public hearing at which Ordinance No. 2955 would be considered by City Council; and

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2 I:\cmo\Ordinances\2955_clean_Warehouse_dev_standards_and_CUP_required.docx WHEREAS, on February 21, 2023, the City Council held a noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, Ordinance No. 2955.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:

SECTION 1. Ca lifornia Environmental Quality Act. The proposed Ordinance Text Amendment does not require environmental review in accordance with Sections 15061(b)(3), 15308, and 15378(b)(5) of the California Environmental Quality Act Guidelines. Pursuant to Section 15378(b)(5) of the California Environmental Quality Act (“CEQA”), this proposal is an organizational or administrative activity of the City that will not result in direct or indirect physical changes in the environment, and therefore not a project. Additionally, pursuant to CEQA Guidelines Section 15061(b)(3), this proposal is exempt from CEQA review because there is no possibility that the zoning code amendment may have a significant effect on the environment, insofar as it would impose additional construction and operational requirements on certain warehouse and distribution facilities within the City. Furthermore, even if the proposal is considered a project, the proposed zoning code amendment is categorically exempt under CEQA Guidelines Section 15308, beca use it is clear that it will not create an environmental impact and the action will assure the maintenance, enhancement, or protection of the environment through the adoption of regulations and development standards on such warehouse and distribution facil ities.

Accordingly, no further environmental review is necessary.

SECTION 2. Chapter 18.156 of the Redlands Municipal Code, entitled “Development Provisions for Specific Uses,” is hereby amended to add Article XII. Warehouses and Logistics Distribution Centers, to read as follows:
“ARTICLE XII. Warehouses and Logistics Distribution Centers

18.156.900: DEFINITIONS:

A. Warehouse means warehouse/distribution facilities primarily used for the storage and/or consolidation of manufactured goods before their distribution to retail locations or other warehouses. Warehouse/distribution centers are fifty thousand (50,000) square - feet or more in gross floor area or contain six (6) or more truck docks or dock high loading doors. They are characterized by dock high loading doors and could be on opposing sides of the building (cross dock facility); may include grade -level loading doors; interior clear heights a minimum of 28 to 36 feet to ceiling for the warehousing floor area; significant movement and storage of products, materials, or equipment; may include receiving, sorting, re -packaging, and/or re -distribution; truck activities frequently outside of the peak hour of the adjacent street system; and need freeway access. This definition excludes facilities owned and operated by a government agency or any public or private utilities. Warehousing and distribution facilities include, but are not limited to, the following types of uses:
• Warehousing distribution/high cube distribution centers • Parcel delivery terminals or truck terminals
• Parcel sorting and distribution facilities
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• Freight yards or forwarding terminals
• Moving agencies
• Shipping/receiving yards
B. Warehousing, ancillary, means the use of a portion of a building for the related storage of goods of any type by one or two businesses and used for the sale or distribution of those goods directly to their customers. A manufacturing, assembly, service commercial, or other type of commercial or industrial use (i .e., primary use) manufactures and/or stores and distributes the goods or components that are produced or contained on-site, and therefore includes the related storage of those goods or items.

Ancillary storage or warehousing is subordinate and incidental to the primary land use (e.g., manufacturing, assembly, s ervice commercial, or other type of primary commercial or industrial use). Ancillary storage or warehousing may include ground level loading doors on one or more sides of the building, or not more than five (5) dock high loading doors on one side of the building only.

18.156.910: APPLICABILITY:

The provisions of this section shall apply to the following types of development projects:

A. New warehouse development projects that meet one of the following criteria (
note: excludes government agency facilities and public or private utility facilities) .

1) Gross floor area of fifty thousand (50,000) square-feet or more; or, 2) A structure with six (6) or more truck docks or dock high loading doors (does not include grade-level loading doors or loading spaces).

B. Development or redevelopment projects for existing or proposed warehouse facilities involving demolition, reconstruction, repairing, or rebuilding that exceed fifty percent (50%) of the reasonable replacement value of the existing structure or property.

1. Estimates for this purpose shall be reviewed and approved by the building official and the Development Services Director, or their respective designees, and shall be based on the minimum cost of construction in compliance with the California Building Code.

2. For the purpose of this section, "assessed value" shall mean the assessed value of the structure as shown on the County of San Bernardino property assessment roll in effect at the time of the occurrence of the casualty, or at the time the repair and maintenance is first conducted.

3. Redevelopment of a property and/or building shall include the feasible provisions of Section 18.156.930 through 18.156.960 of this Article, as determined by the Planning Commission.

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4 I:\cmo\Ordinances\2955_clean_Warehouse_dev_standards_and_CUP_required.docx C. Required Compliance. No new warehouse development project shall be constructed, no redevelopment or reconstruction of a property for warehouse use, and no existing warehouse shall be moved, altered, or enlarged, except in accordance with the applicable development standards of this Article.

18.156.920: SITE LOCATION REQUIREMENT:

A. No warehouses shall be located on a project site more than one mile (5,280 feet) from a freeway entrance/exit ramp to the Interstate Freeway System (Interstate 10 and Interstate 210). For purposes of this requirement, the linear distance shall be measured as a radius from a freeway ramp to any part of the subject property.

18.156.930: SCREENING AND BUFFERING REQUIREMENTS:

A. Warehouse developments shall provide a solid decorative wall(s) of at least ten feet (10’) in height when abutting any sensitive receptors. Sensitive receptors for purposes of this section shall be defined as any residence including private homes, condominiums, apartments, and living quarters, schools, preschools, daycare centers, in-home daycares, hospitals, long-term care facilities, retirement and nursing homes, community centers, places of worship, parks (excluding trails), and dormitories. The exterior treatment of the wall(s) shall be decorative or painted.

B. Unless physically impossible, loading docks and truck entries shall be oriented away from abutting sensitive receptors. To the greatest extent feasible, loading docks, truck entries, and truck drive aisles shall be located away from nearby sensitive receptors. In making feasibility decisions, the City must comply with existing laws and regulations and balance public safety and the site development’s potential impacts to nearby sensitive receptors. Therefore, loading docks, truck entries, and drive aisles may be located nearby sensitive receptors at the discretion of the Planning Commission, but any such site design shall include measures designed to minimize overall impacts to nearby sensitive receptors.

C. Trees shall be used as part of the solid screen buffering treatment for any adjacent residential properties or properties with sensitive receptors. Trees used for this purpose shall be evergreen, drought-tolerant, minimum 36-inch box size, and shall be spaced no greater than 40-feet on center. Palm trees shall not be used for screening purposes. The property owner and any successors in interest shall maintain these trees for the duration of ownership ensuring any unhealthy or dead trees are replaced timely as needed.

D. Trees shall be installed in automobile (passenger vehicle) parking areas to provide at least thirty five percent (35%) shade cover of parking areas within fifteen (15) years. This requirement is in addition to the applicable standard design requirements for parking lot landscape and related improvements. Trees shall be planted that are capable of implementing this requirement.

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18.156.940: TRAFFIC PATTERNS AND SIGN REQUIREMENTS:

A. Applicants for entitlements shall prepare and submit a Truck Routing Plan demonstrating the most direct route(s) to and from the Interstate Freeway System based on the city’s latest Truck Route Map. Routes to or from freeway ramps shall not pass through any residential zones or districts.

B. A traffic impact assessment (TIA) report shall be prepared to evaluate a proposed warehouse project’s compliance with the City’s Measure U traffic system requirements, and shall include an evaluation of the City’s streets and Truck Routes that provide vehicular access to the Interstate Freeway System, including, but not limited to: existing right-of-way width; roadway capacity to handle the proposed quantity of truck trips to be generated by the proposed use (including any road widening that may be necessary); roadway design and improvements to handle the weight and frequency of proposed truck trips; intersection operations to freeway ramps and level of service analysis to include the proposed truck trips; truck turn radii at intersections; and other operational elements of the City’s street network to serve the proposed use. The TIA may be prepared by a qualified consultant selected and directed by the City (and all consultant costs to be reimbursed by the applicant), or by a qualified traffic consultant selected by the applicant (and all work subject to the direction, review, and approval by the City).

C. Entry gates into the loading dock/truck court area with more than 20 loading docks shall be positioned after a minimum of 140 feet of total available stacking depth inside the property line (or alternatively, if 140 feet of depth is not feasible due to site constraints, then provide 70 feet of available stacking depth for two trucks side-by-side as an alternative design). The stacking distance shall be increased by 70 feet for every 20 loading docks beyond 50 docks. Queuing, or circling of vehicles, on public streets immediately pre- or post-entry to an industrial commerce facility is strictly prohibited unless queuing occurs in a deceleration lane or right turn lane exclusively serving the facility.

D. Prior to entitlement approval, applicants shall submit to the City, and obtain approval of, all turning templates to verify adequate truck turning movements at entrance and exit driveways as well as street intersections adjacent to industrial buildings. Unless not physically possible, truck entries shall be located on Collector streets or streets of a higher commercial classification, and vehicle entries shall be designed to prevent truck access on streets that are not Collector Streets (or streets of a higher commercial classification), including but not limited to by limiting the width of vehicle entries.

E. Anti-idling signs indicating a five (5) minute restriction on engine idling for diesel trucks shall be posted at warehouses and industrial commerce facilities along entrances to the site and within the dock areas and shall be strictly enforced by the facility operator (13 CCR § 2480).

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6 I:\cmo\Ordinances\2955_clean_Warehouse_dev_standards_and_CUP_required.docx F. Signs shall be installed at all truck exit driveways directing truck drivers to the truck route as indicated in the Truck Routing Plan to be routed to the Interstate Freeway System.

G. Signs and drive aisle pavement markings shall clearly identify the onsite circulation pattern to minimize unnecessary on-site vehicular travel.

H. Facility operators shall post signs in prominent locations inside and outside of the building indicating that off-site parking for any Medium Heavy-Duty trucks, Heavy Heavy-Duty trucks, truck trailers or cabs, and other operations-related vehicles is strictly prohibited. City may require facility operator to post signs on adjacent and nearby surface or residential streets indicating that off-site truck parking is prohibited by City ordinance.

I. All signs under this Section shall be legible, durable, and weather-proof.

18.156.950: SUSTAINABLE ENERGY:

A. A minimum of ninety percent (90%) of the on-site motorized operational equipment shall be zero emission (ZE).

B. All warehouse building roofs shall install photovoltaic (PV) solar collector system or other form of on-site renewable energy, provided such renewable energy source is recognized by the State of California as a renewable resource under the Renewable Portfolio Standard Program. The renewable energy system shall be metered separately from the nonrenewable metered power usage of the building (if not in conflict with other applicable regulations). The renewable energy system shall be built to generate an amount of electricity sufficient to meet the following criteria:

1. Annualized building demand based on the approved use or, if no use is proposed, then the demand for the most energy intensive use that could occupy the building; and

2. Annualized demand required to charge fully electric vehicles and trucks, assuming that all vehicles and trucks to the site are fully electric; and

3. A reasonable rate of efficiency loss over ten years.

Note: Electricity demand that exceeds the generation capacity of the on-site renewable energy system may be obtained from off-site energy sources or suppliers.

C. The warehouse building’s rooftop that is not covered with solar panels or other utilities shall be constructed with light colored roofing material with a solar reflective index (SRI) in accordance with current California Energy Code regulations. This material shall be the minimum solar reflective rating of the roof material for the life of the building.

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D. The on-site passenger vehicle parking shall include electric vehicle (EV) ready parking spaces in accordance with current requirements of the California Building Code, and at least fifty percent (50%) of the required EV parking spaces shall be equipped with working Level 2 Quick Charge EV charging stations installed and operational, prior to building occupancy. Signage shall be installed indicating EV charging stations and specifying that spaces are reserved for clean air/EV vehicles. Unless superior technology is developed that would replace the EV charging units, facility operator and any successors in interest shall be responsible for maintaining the EV charging stations in working order for the life of the facility.

E. Unless the owner of the facility records a covenant on the title of the underlying property ensuring that the property cannot be used to provide chilled, cooled, or freezer warehouse space, a conduit shall be installed during construction of the building shell from the electrical room to all (100%) of the loading dock doors that have potential to serve the refrigerated space. When tenant improvement building permits are issued for any refrigerated warehouse space, electric plug-in units shall be installed at every dock door servicing the refrigerated space to allow transport refrigeration units (TRUs) to plug in. Truck operators with TRUs shall be required to utilize electric plug-in units when at loading docks.

18.156.960: OPERATION AND CONSTRUCTION:

A. Cool surface treatments shall be added to all drive aisles and parking areas, or such areas shall be constructed with a solar-reflective cool pavement such as concrete. Solar collectors may be installed on support structures that provide shade over parking areas to achieve minimum requirements.

B. To ensure that warehouse electrical rooms are sufficiently sized to accommodate the potential need for additional electrical panels, either a secondary electrical room shall be provided in the building, or the primary electrical room shall be sized twenty-five percent (25%) larger than is required to satisfy the service requirements of the building or the electrical gear shall be installed with the initial construction with 25% excess demand capacity.

C. All exterior light fixtures (including but not limited to parking lot lighting, wall fixtures, roof fixtures, light poles, etc.) visible from public right-of-way or abutting properties shall have shielding affixed to contain illumination within the subject property and prevent light trespass and glare overspill.

D. The facility operator shall be required to perform regular maintenance of building structures, landscaping, and paved surfaces to ensure good physical condition and appearance.

E. For any sites with warehouses that are abutting or adjacent to any residential properties or properties containing sensitive receptors, any outdoor storage of Redlands Regular Meeting of 04/18/2023
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F. Additional operating conditions may be enacted for an individual Warehouse project pursuant to a Conditional Use Permit (RMC Chapter 18.192) for the purpose of avoiding or reducing potential off-site nuisance effects of the warehouse facility (including but not limited to traffic, parking, noise, vibration, air quality emissions, etc.) on nearby sensitive receptors or residential districts, or to protect the public health, safety, or general welfare.”

SECTION 3. Redlands Municipal Code Section 18.100.040, entitled “Permitted Uses,” is hereby amended to read as follows:
“Principal permitted uses in the C-M zone include:

A. Auto services: No open service bays shall face a public street, or they shall be screened:

Brake relining.

Glass installation.

Muffler installation.

Painting.

Repair.

Upholstery.

B. Commercial sales and service:

Agricultural supplies and equipment.

Automobile equipment.

Automobile, new and used.

Bicycle, boat and motorcycle.

Building material and hardware.

Cabinet shop.

Camper and mobilehome.

Drive-in stores, such as milk and food, no alcohol beverage sales.

Electrical apparatus and equipment.

Furniture, appliances and carpeting.

Garden and farm supplies.

Interior decorator studios.

Machinery, equipment and supplies.

Nurseries; no outdoor display of merchandise other than plants.

Office equipment.

Paint.

Pet and pet supply.

Plumbing, heating, air conditioning and refrigeration equipment and supplies.

Radio, television and musical instruments.

C. Industrial:

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9 I:\cmo\Ordinances\2955_clean_Warehouse_dev_standards_and_CUP_required.docx Uses permitted in the M-P planned industrial district.

Recreation and entertainment: The following uses are subject to approval of a conditional use permit if within three hundred feet (300') of a residential area.

Bowling lanes, skating rinks, and sports arenas, no alcohol beverage sales.

Drive-in theaters.

D. Services:

Auction houses.

Auto rental.

Bus terminals and similar transit facilities.

Cleaning and dyeing plants, laundries, linen and towel service.

Furniture upholstery.

Governmental agencies.

Ice manufacture, cold storage, and frozen food lockers.

Mail order houses.

Motels and hotels.

Parcel delivery.

Pest control.

Public scales.

Radio and television broadcasting studios.

Restaurants.

Retreading of tires.

Sign painters.

E. Other uses:

Agricultural uses permitted in the M-P district.

Business, technical, trade or professional schools.

Clubs, lodges, and similar organizations.

Electric distribution substations, public utility buildings and service yards.

Van and storage; self-storage or mini-storage facilities.

Warehousing, ancillary to another primary use (see RMC Chapter 18.156, Article XII).

Warehousing, in buildings with less than 50,000 square-feet in gross floor area, and not more than five truck docks or dock high loading doors.

Wholesalers.

SECTION 4. Redlands Municipal Code Section 18.100.070, entitled “Conditional Uses,” is hereby amended to read as follows:
“18.100.070: CONDITIONAL USES:

The following uses may be permitted in the C-M zone subject to approval of a conditional use permit:

Uses listed in chapter 18.192 of this title.

Ambulance service.

Animal hospitals.

Bowling lanes, skating rinks, and sports arenas, with alcohol beverage sales.

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10 I:\cmo\Ordinances\2955_clean_Warehouse_dev_standards_and_CUP_required.docx Cocktail lounges and bars.

Drive-in stores, such as milk and food, with alcohol beverage sales.

Equipment rental.

Radio and television transmitter towers higher than fifty feet (50') above ground level.

Regional shopping center containing at least one department store and a minimum gross land area of thirty five (35) acres; uses permitted shall be limited to those contained in the C-3 zone.

Retail store containing a minimum gross leasable area of seventy five thousand (75,000) square feet, subject to the parking requirements for neighborhood commercial districts.

Service stations.

Warehouses and logistics distribution centers, in accordance with chapter 18.156 of this title.” SECTION 5. Redlands Municipal Code Section 18.108.030, entitled “Permitted and Accessory Uses,” is hereby amended to read as follows:
“In the M-1 zone, principal permitted uses shall be as follows:

A. Uses permitted in the M-P, planned industrial district.

B. Accessory uses:

Commercial sales and service incidental to a principal permitted use.

Employee recreational facilities and play areas.

Storage buildings incidental to a permitted use.

Superintendent or caretaker dwelling. One dwelling unit on the same parcel of land as a permitted use needing continual supervision, to be occupied exclusively by a superintendent or a caretaker and his family.

Other accessory uses and buildings customarily appurtenant to a permitted use.

C. Manufacturing:

Manufacture and assembly of electrical equipment and supplies, such as coils, condensers, lamps, switches, wire and cable assembly.

Manufacture of ceramic products, such as pottery, figurines and small glazed tile, utilizing only previously pulverized clay, and provided that kilns are fired only by electricity or gas.

Manufacture of cutlery, hardware, hand tools and kitchen utensils.

Manufacture, processing or treatment of products other than those which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, noise, vibration or hazard.

Manufacturing, assembling, compounding, packaging and processing of articles or products from the following previously prepared materials: asbestos, bristles, bone, feathers, hair, horns, leather, metal, paints (excluding any boiling process), paper, textiles.

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11 I:\cmo\Ordinances\2955_clean_Warehouse_dev_standards_and_CUP_required.docx Manufacturing, compounding, processing, canning or packaging of products such as bakery goods, candy and soft drinks, dairy products, food products (excluding fish and meat products, sauerkraut, vinegar, yeast, and the rendering or refining of fats and oils).

Mattress manufacture, repair, rebuildings and recovering.

D. Other uses:

Agricultural supplies and equipment, sales and service.

Agricultural uses, but excluding dairies, stockyards, slaughter of animals, and manufacture of fertilizer.

Automobile accessory and parts sales.

Automobile repair services; no open service bays shall face a public street, or they shall be screened.

Automobile sales, new and used.

Barbershops.

Boat, mobilehome and camper sales and services.

Building material and hardware sales.

Catering services.

Cleaning and dyeing plants, laundries, linen and towel service.

Creameries.

Electric distribution substations, electric transmission substations, and public utility buildings and service yards.

Furniture upholstery.

Ice manufacture and storage, frozen food lockers, and cold storage plants.

Lumberyards (no planing mills).

E. Machine shops and such uses as the following:

Anodizing shops.

Blacksmith shops.

Cabinet or carpenter shops.

Die and pattern making shops.

Electroplating shops.

Grinding shops.

Metal engraving shops.

Metal finishing and plating shops.

Polishing shops.

Sheet metal shops.

Tinsmith shops.

Welding shops.

Parking lots, commercial.

Petroleum bulk plants.

Plumbing, heating or electrical shops.

Real estate, business and professional offices.

Repair and fix-it shops.

Repair garages, body and fender works and auto painting, providing all work is conducted within a completely enclosed structure.

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Service stations.

Sign painters.

Taxidermy shops.

Tree surgeons.

Volume sales outlets, such as furniture, appliances and carpeting.

Warehousing, ancillary to another primary use (see RMC Chapter 18.156, Article XII).

Warehousing, in buildings with less than 50,000 square-feet in gross floor area, and not more than five truck docks or dock high loading doors.

Wholesaling.

SECTION 6. Redlands Municipal Code Section 18.108.050, entitled “Conditional Uses,” is hereby amended to read as follows:
“The following uses may be permitted in the M-1 zone subject to approval of a conditional use permit:

Animal and pet hospitals, kennels and animal pounds.

Automobile wash, mechanical or self-service.

Building materials storage yards.

Business, technical, trade or professional schools.

Commercial recreation such as bowling lanes and skating rinks.

Contractors' storage yards.

Equipment rentals.

Feed and fuel yards.

Motels.

Outdoor vehicle storage and holding lot, with no dismantling or wrecking permitted.

Restaurants.

Warehouses and logistics distribution centers, in accordance with chapter 18.156 of this title.”
SECTION 7. Redlands Municipal Code Section 18.112.030, entitled “Permitted and Accessory Uses,” is hereby amended to read as follows:
“Principal permitted uses in the I-P zone include:

A. Accessory uses:

Commercial sales and service incidental to a principal permitted use.

Employee recreational facilities and play areas.

One dwelling unit on the same parcel of land as a permitted use needing continual supervision, to be occupied exclusively by a superintendent or a caretaker and his family.

Storage buildings incidental to a permitted use.

Other accessory uses and buildings customarily appurtenant to a permitted use.

B. Manufacturing:

Machine tool manufacture, including metal lathes, presses and stamping machines, and woodworking machines.

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13 I:\cmo\Ordinances\2955_clean_Warehouse_dev_standards_and_CUP_required.docx Machinery manufacture, including electrical, agricultural, construction, mining, air conditioning equipment, dishwashers, dryers, furnaces, heaters, stoves and washing machines.

Manufacture of chemicals and chemical products, except those requiring a conditional use permit.

Manufacture of food products, including such processes as cooking, roasting, refining and extraction involved in the preparation of such products as cereal, chocolate, cider, coffee, glucose, rice, flour, feed and grain, vegetable oils and yeast; but not including fish or meat products.

Manufacturing and processing of the following, conducted in an enclosed building, except that any outdoor manufacturing or processing operation in this group of uses shall be subject to approval of a conditional use permit:

Abrasives.

Aircraft and aircraft accessories.

Aluminum products.

Asbestos.

Automobiles, trucks and trailers.

Automotive accessories and parts.

Boats.

Candles.

Canvas.

Carpets and rugs.

Cellophane.

Cloth.

Composition wallboard.

Cork.

Felt.

Fiber.

Fur.

Glass, but excluding blast furnaces.

Glazed tile.

Hemp products.

Ink.

Jute products.

Leather.

Linter.

Metal foil.

Metal products.

Missiles and missile components, excluding explosive fuels.

Motors and generators.

Paper.

Plastics.

Porcelain products.

Pulp goods.

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14 I:\cmo\Ordinances\2955_clean_Warehouse_dev_standards_and_CUP_required.docx Putty.

Railroad equipment.

Rubber products.

Sisal products.

Starch and dextrine.

Structural steel products.

Textiles.

Tile.

Wire and wire products.

Yarns.

Metal fabricating, heat treating, pickling and stamping.

Transit and transportation terminals, repair and storage facilities.

C. Services:

Blueprinting, photocopying and film processing.

Business and research offices related to the administration and operation of the permitted industrial uses.

Electrical distribution substations, electrical transmission substations, public utility service yards and steam electric generating stations.

Laboratories.

Lumberyards.

Newspaper publishing.

Off street parking.

Offices, business and professional.

Petroleum bulk plants.

Printing, lithographing, publishing.

Public buildings.

Public utility offices.

Radio and television broadcasting.

Restaurants operated for employees on the premises.

Trade union halls.

Warehousing, ancillary to another primary use (see RMC Chapter 18.156, Article XII).

Warehousing, in buildings with less than 50,000 square-feet in gross floor area, and not more than five truck docks or dock high loading doors.

Wholesaling.”
SECTION 8. Redlands Municipal Code Section 18.112.050, entitled “Conditional Uses,” is hereby amended to read as follows:
“The following uses may be permitted subject to approval of a conditional use permit:

A. Heliports.

B. Manufacturing of:

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Ammonia.

Aniline dyes.

Bleaching powder.

Breweries, distilleries and wineries.

Bronze, babbitt metal and similar alloys.

Carbide.

Carbolic, hydrochloric, picric and sulfuric acid.

Caustic soda.

Cellulose and celluloid.

Chlorine.

Coal, coke or coal tar products.

Exterminating agents.

Film.

Gas.

Lacquer, shellac, turpentine, varnish or calcimine (Kalsomine).

Linoleum or oilcloth.

Matches.

Nitrating of cotton and other materials.

Phenol.

Potash.

Pyroxylin.

Rubber (natural or synthetic).

Soap, tallow, grease and lard.

Radio transmitter towers higher than fifty feet (50') above ground level.

C. Storage of:

Oil or gas in amounts of two thousand five hundred (2,500) barrels or more.

Oil or gas within three hundred feet (300') of any residential zone, school or park.

Recreational vehicles and boats.

D. Warehouses and logistics distribution centers, in accordance with chapter 18.156 of this title.” SECTION 9. Redlands Municipal Code Section 18.116.030, entitled “Permitted Uses,” is hereby amended to read as follows:
“Principal permitted uses in the M-2 zone include:

A. Uses permitted in the M-1 industrial zone.

B. Contractors' yards and shops, including building, masonry, painting, concrete, electrical, plumbing, refrigeration, roofing, heating and air conditioning.

C. Electrical distribution substations, electrical transmission substations, nonnuclear electric generating stations, and public utility buildings, office, and service yards, and steam electric generating stations.

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16 I:\cmo\Ordinances\2955_clean_Warehouse_dev_standards_and_CUP_required.docx D. Food products manufacture, including such processes as cooking, roasting, refining and extraction involved in the preparation of such products as cereal, chocolate, cider, coffee, glucose, rice, flour, feed and grain, vegetable oils and yeast; but not including fish or meat products.

E. Lumberyards, lumber processing and woodworking, including planing mills, plywood, veneering, wood preserving and laminating.

F. Machine tool manufacture, including metal lathes, presses and stamping machines, and woodworking machines.

G. Machinery manufacture, including electrical, agricultural, construction, mining, air conditioning equipment, dishwashers, dryers, furnaces, heaters, stoves and washing machines.

H. Manufacture of chemicals and chemical products, except those requiring a conditional use permit.

I. Manufacture, storage, reconditioning and exchange of such items as cans, containers, boxes, barrels, bottles and bags.

J. Manufacturing and processing of the following, conducted in an enclosed building, except that any outdoor manufacturing or processing operation in this group of uses shall be subject to approval of a conditional use permit:

Abrasives.

Aircraft and aircraft accessories.

Aluminum products.

Asbestos.

Automobiles, trucks and trailers.

Automotive accessories and parts.

Boats.

Bricks.

Burial vaults and caskets.

Candles.

Canvas.

Carpets and rugs.

Cement products.

Chalk.

Clay pipe and clay products.

Composition wallboard.

Glass, but excluding blast furnaces.

Glazed tile.

Graphite and graphite products.

Hemp products.

Ink.

Jute products.

Linter.

Metal foil.

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17 I:\cmo\Ordinances\2955_clean_Warehouse_dev_standards_and_CUP_required.docx Metal products.

Missiles and missile components, excluding explosive fuels.

Motors and generators.

Paraffin products.

Plastics.

Porcelain products.

Pulp goods.

Pumice.

Putty.

Railroad equipment.

Rubber products.

Sand and lime products.

Sisal products.

Starch and dextrine.

Steel products.

Stone products.

Structural steel products.

Tile.

Wire and wire products.

K. Metal fabricating, heat treating, pickling and stamping.

L. Storage facilities, except those requiring a conditional use permit.

M. Warehousing, ancillary to another primary use (see RMC Chapter 18.156, Article XII).

N. Warehousing, in buildings with less than 50,000 square-feet in gross floor area, and not more than five truck docks or dock high loading doors.”
SECTION 10. Redlands Municipal Code Section 18.116.050, entitled “Conditional Uses,” is hereby amended to read as follows:
“In the M-2 zone, the following uses may be permitted subject to approval of a conditional use permit:

A. Airports, heliports and landing strips.

B. Animal, food or beverage processing of the following kinds:

Breweries, distilleries and wineries.

Meat or fish products packing, canning or processing.

Vinegar, yeast and sauerkraut.

C. Asphalt, concrete and earth products activities of the following kinds:

Asphalt batching plants.

Concrete mixing and batching plants.

Rock crushing plants and aggregate dryers.

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18 I:\cmo\Ordinances\2955_clean_Warehouse_dev_standards_and_CUP_required.docx Sandblasting plants.

Butane service and filling stations.

D. Commercial and service type uses which the commission, after study and deliberation, finds are needed to serve the M-2 district, and which will not interfere with the orderly development of the industrial area, and which will be compatible with industrial uses.

E. Distilling of:

Alcohol.

Bones.

Coal.

Coal tar.

Coke.

Wood.

Heavy metal works of the following kinds:

Blast furnaces.

Boiler works.

Drop forge industries.

Drop hammers.

Forges, foundries and forging works.

Metal and metal ore reduction or smelting.

Rolling mills.

F. Manufacturing of:

Acetylene.

Ammonia.

Aniline dyes.

Asphalt or asphalt products.

Bleaching powder.

Bronze, babbitt metal and similar alloys.

Carbide.

Carbolic, hydrochloric, picric and sulfuric acid.

Caustic soda.

Cellophane.

Cellulose and celluloid.

Cement, lime, gypsum or plaster of Paris.

Charcoal, lampblack or fuel briquettes.

Chlorine.

Coal, coke or coal tar products.

Creosote.

Exterminating agents.

Fertilizer.

Film.

Gas.

Lacquer, shellac, turpentine, varnish or calcimine (kalsomine).

Linoleum or oilcloth.

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19 I:\cmo\Ordinances\2955_clean_Warehouse_dev_standards_and_CUP_required.docx Matches.

Nitrating of cotton and other materials.

Phenol.

Potash.

Pyroxylin.

Rubber (natural or synthetic).

Soap, tallow, grease and lard.

Radio transmitter towers, higher than fifty feet (50') above ground level.

G. Refining of:

Fats and oils.

Metals and metal ores.

Petroleum and petroleum products.

Sugar.

Salvage, wrecking and disposal activities of the following kind:

Automobile wrecking and salvage.

Building wrecking and salvage.

Dumps, including garbage and trash disposal.

Industrial waste material salvage, waste metal, rag, clothing, glass and paper salvage operations.

Sewer farm or sewage disposal plants.

H. Storage of:

Automobiles and other vehicles purchased for wrecking operations.

Fertilizer or manure.

House movers' equipment and buildings moved from other locations.

Oil or gas in amounts of two thousand five hundred (2,500) barrels or more.

Oil or gas within three hundred feet (300') of any residential zone, school or park.

Sand, gravel, rock or decomposed granite in amounts of two thousand (2,000) tons or more.

Used building materials or secondhand buildings.

I. Warehouses and logistics distribution centers, in accordance with chapter 18.156 of this title.”

SECTION 11. 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 the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law.

_________________________________
Eddie Tejeda, Mayor

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ATTEST:

____________________________________
Jeanne Donaldson, City Clerk

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 _______ day of ______________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

__________________________________
Jeanne Donaldson, City Clerk

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City Council Meeting I. 9.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8461 assigning an Americans with Disabilities Act (ADA) Coordinator, updating ADA grievance procedure, rescinding Resolutions No. 6248 and 7171, and determining that approval of this resolution is exempt from environmental review in accordance with Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris) MOTION(S):

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

I move that City Council determine that adoption of Resolution No. 8461 is exempt from environmental review in accordance with Section 15061(b)(3) of the State guidelines implementing the California Environmental Quality Act; and

1. I move that City Council adopt Resolution No. 8461.2.

RECOMMENDATION:

Staff recommends that City Council determine that the adoption of Resolution No. 8461 is exempt from environmental review in accordance with Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act and adopt Resolution No. 8461.

DISCUSSION:

In February 2004, City Council adopted Resolution No. 6248 establishing a grievance procedure and ADA Coordinator pursuant to the Americans with Disabilities Act (ADA). In June 2012, City Council approved Resolution No. 7171 amending Resolution No. 6248 to assign a new ADA Coordinator for the City of Redlands Regular Meeting of 04/18/2023
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Redlands. Resolution No. 8461 rescinds Resolutions No. 6248 and 7171, authorizes the City Manager or his designee to be the ADA Coordinator, and updates the grievance procedure policy to comply with National Institute on Disability, Independent Living, and Rehabilitation Research standards.

Adoption of the Resolution is exempt from environmental review in accordance with California Environmental Quality Act Section 15061(B)(3) since it is reasonably certain that this action will have no significant negative environmental effect.

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
Goutam K. Dobey, City Engineer
PREPARED BY:

Veronica Medina, Associate Engineer
Fiscal Impact
Discussion:

There is no fiscal impact associated with this action.

Attachments
A. Resolution 8461
B. Resolution No. 6248 (Reference Only)
C. Resolution No. 7171 (Reference Only)
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1 I:\cmo\Resolutions \8461 Assigning ADA Coordinator.docx RESOLUTION NO. 8461
A RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

ASSIGNING A N AMERICANS WITH DISABILITIES ACT (ADA)

COORDINATOR, UPDATING A GRIEVANCE PROCEDURE FOR

COMPLAINTS RELATING TO THE AMERICANS WITH DISABILITIES
ACT, AND RESCINDING RESOLUTIONS NO. 6248 AND 7171
WHE
REAS, assigning an Americans with Disabilities Act (ADA) Coordinator and updating the grievance procedure for complaints relating to the ADA is needed for the City of Redlands; NO

W, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:

Section 1. The City Council of the City of Redlands hereby authorizes the City Manager, or his/her designee, to be an ADA Coordinator.

Section 2. The City Council of the City of Redlands hereby adopts the following Grievance procedure pursuant to the Americans with Disabilities Act:
“Th
is Grievance Procedure is established to meet the requirements of the Am ericans with Disabilities Act. It may be used by any member of the public who wishes to file a complaint alleging discrimination on the basis of his or her disability and the policies or the provision of services, activities, and programs of the City of Redlands.

The
complaint should be in writing and contain information about the alleged discrimination such as the name, address , and phone number of the complainant, and the location, date, and description of the problem. Alternative means of filing complaints such as personal interviews or a recording of the complaint will be made available for persons with disabilities upon request.

The
complaint should be submitted by the complainant as soon as possible, but not later than sixty (60) calendar days after the alleged violation, to:

AD
A Coordinator
City of Redlands
P.O. Box 3005
35 Cajon Street, Suite 15A
Redlands, CA 92373
(909) 798-7584
Wi
thin fifteen (15) calendar days after receipt of the complaint, the City’s ADA Coordinator will meet with the c omplainant to discuss the complaint and its possible resolution. Within fifteen (15) calendar days after the meeting, the City will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City and offer options for substantive resolution of the complaint.

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2 I:\cmo\Resolutions \8461 Assigning ADA Coordinator.docx If the response by the City’s ADA Coordinator does not satisfactorily resolve the issue, the complainant may appeal the decision of the ADA Coordinator within fifteen (15) calendar days after receipt of the response, to the City Manager.

Wit
hin fifteen (15) calendar days after receipt of the appeal, the City Manager will meet with the complainant to discuss the complaint and its possible resolution. Within fifteen (15) calendar days after the meeting the City Manager will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

Al
l written complaints received by the City’s ADA Coordinator appeals to the City Manager and responses from the ADA Coordinator and City Manager will be kept by the City for at least three (3) years.”
Section 3. That Resolutions No. 6248 and 7171 of the City Council of the City of Redlands are hereby rescinded.

ADOPT
ED, SIGNED, AND APPROVED this 18th day of April, 2023.
________________________
Ed
die Tejeda, Mayor
ATTES
T:
____________________________
J
eanne Donaldson, City Clerk
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3 I:\cmo\Resolutions \8461 Assigning ADA Coordinator.docx I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 18th day of April, 2023, by the following vote:

AYES
:

NOES:

ABSENT:

ABSTAIN:
______________________________
J
eanne Donaldson, City Clerk
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RESOLUTION NO. 7171

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AMENDING RESOLUTION NO. 6248 TO ASSIGN A NEW AMERICANS WITH DISABILITY ACT COORDINATOR FOR THE CITY OF REDI.ANDS
WHEREAS, the City Council of the City of Redlands adopted Resolution No. 6248 on February 3, 2004, establishing a grievance procedure for complaints relating to the Americans with Disability Act (ADA) and most recently had assigned Eric Week as the ADA Coordinator; and
WHEREAS, Mr. Week has since left the employ of the City and it is now the desire of the City Council to amend Resolution No. 6248 to designate a new ADA Coordinator and a new address and telephone contact number for the City's ADA coordinator; NOW, THEREFORE, BE IT RESOLVED by the City of Redlands as follows:

Section 1. Resolution No. 6248 is hereby amended to substitute the following contact information for the filing of discrimination complaints:

Municipal Utilities and Engineering Director
ATTN: ADA Coordinator
City ofRedlands
P.O. Box 3005
35 Cajon Street, Suite 15A
Redlands, CA 92373
(909)798-7698
ADOPTED, SIGNED AND APPROVED this 5* day of June, 2012.

Pete Aguilar Mayor
ATTEST:

Sam Irwin, lerk
I:\cclerk\Resolutions\7171 ADA Coordinator.doc
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1. Sam Irwin, City Clerk of the City of Redlands. hereby certify that the foregoing resolution was adopted by the City Council at a regular meeting thereof held on 5* day of June, 2012, by the following vote:

AYES: Councilmembers Harrison. Bean. Foster. Gardner; Mayor Aguilar NOES: None
ABSTAIN: None
ABSENT: None
Sam Irwin. City Clerk
I:\cclerk\Resolutions\7171 ADA Coordinator.doc
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City Council Meeting I. 10.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a single-source purchase of the Cellebrite software and hardware to run the Cellebrite system, to perform forensic analysis of mobile devices, for the amount of $54,326.07 (Interim Police Chief Tolber)
MOTION(S):

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

I move to approve the single-source purchase of the Cellebrite software and hardware to run the Cellebrite system for the amount of $54,326.07.

RECOMMENDATION:

Staff recommends that Council approve the single-source purchase of the Cellebrite software and hardware to run the Cellebrite system, to perform forensic analysis of mobile devices, for the amount of $54,326.07.

DISCUSSION:

Services:

Enhancement of Cellebrite Services
In 2020, the Redlands Police Department (RPD) signed a Memorandum of Understanding with the Los Angeles Police Department’s Internet Crimes Against Children Task Force. As an affiliate member of the task force, RPD has received hardware, software, and training required for the assignment including Cellebrite UFED 4PC. This is the entry level and bare essentials package for Cellebrite.

The digital age and technology have created the opportunity for a new type of electronic criminal activity. With the growing use of computers and mobile devices, electronic evidence can potentially be located on phones and Redlands Regular Meeting of 04/18/2023
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devices, electronic evidence can potentially be located on phones and computers in almost every criminal case. Cellebrite software and technology is a force multiplier that provides police investigators the ability to access electronic evidence located on cell phones and other electronic devices.

Cellebrite UFED 4PC annual subscription expense. This software enables detectives to forensically analyze various forms of technology including cellular phones and computers, for crucial forms of evidence. The analysis of cell phones has played a critical role in almost every murder investigation in the last decade. Prior to RPD obtaining the Cellebrite technology, RPD relied on other law enforcement agencies to conduct forensic analysis on digital devices which often delayed the findings. RPD considers Cellebrite to be an essential tool for all major law enforcement investigations. RPD has conducted forensic analysis on over hundreds of digital devices and obtained important evidence leading to the apprehension and arrest of suspects.

Cellebrite Premium SaaS annual subscription expense. Despite the success, the basic Cellebrite package does not allow the ability to access digital devices that have locked pass codes. The Cellebrite Premium package includes 35 “actions.” Each action allows detectives to access locked phones and obtain any evidence that is located on the phone. These actions can be used for iOS or Android extractions, and the cost includes remote training and hardware. The first year subscription pricing is $9,900.

Cellebrite Pathfinder annual subscription expense. In addition to the Cellebrite premium package, Cellebrite Pathfinder is a more effective program that enables investigators and analysts to collaborate and identify key evidence contained in computers and cell phones using a web-based program. Cellebrite Pathfinder eliminates the time-consuming manual review of cell phone digital data.

Cellebrite Pathfinder will reduce time spent on investigations by automating decoding and analysis of digital data and by enabling investigators to sift through massive quantities of data at a much faster rate. It is a force multiplier that uses artificial intelligence (AI) and machine learning algorithms to automatically identify patterns, reveal connections, and uncover leads with greater speed and accuracy, thus saving critical time on investigations. Pathfinder will benefit all the units within the police department from the simple investigation to internet crimes against children and human trafficking. Cellebrite Pathfinder will require a new server (see below). The company reduced the first year subscription pricing to $32,000.

Fixed Assets:

Dell T-440 Server
A server is needed to run the software and store large amounts of data extracted from cell phones. This server is a Dell desktop server built by Dell with a Dell warranty. The server is built with the required specifications and software to run Cellebrite Pathfinder. This server will allow the software to run for multiple years, and the server has a three year warranty. We were able to get a significant Redlands Regular Meeting of 04/18/2023
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one-time discounted price of $6,000 for the server.

UFED Camera Kit
This technology will enable detectives to take photographs of evidence that directly imports into the Cellebrite software. There is a one- time cost of $200.

UFED 4PC HW kit
The wiring kit is needed to run the software. There is a one-time cost of $600 for the wiring kit.

Cellebrite Premium Adapter
An adapter is needed for the new hardware to work with the existing hardware.

There is a one-time cost of $1000 for the adapter.

Other law enforcement agencies have been consulted about the recommended Cellebrite software and assert that the product is extremely effective for electronic device investigations. Other agencies have said Cellebrite is the leader in cell phone and electronic data extractions. Cellebrite has full transparency when it comes to their software and technology. Everything done inside Cellebrite’s digital intelligence platform is conducted in a manner that is ethical, secure, and protective of citizens’ data privacy.

IT staff have been at meetings and have been consulted during the Cellebrite technology selection process. The IT staff believes the product and hardware are compatible with our current hardware in the police department’s digital forensics lab.

The funding for the Cellebrite UFED 4PC, Cellebrite premium SaaS package, and Cellebrite Pathfinder was approved for both FYs 22/23 and 23/24 to not exceed $88,632 per fiscal year through Measure-T funding.

The original quote to purchase all of this technology was $97.755. Staff negotiated the cost of all of the annual service and fixed assets to acquire the Cellebrite technology at $54,326.07, $42,900 of which are annual costs.

ALTERNATIVES:

Do not approve the single-source purchase of the Cellebrite software and hardware to run the Cellebrite system for the amount of $54,326.07.

STRATEGIC PLAN:

Not applicable.

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SUBMITTED BY:

Rachel Tolber, Interim Chief of Police
RECOMMENDED BY:

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

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

Travis Martinez, Deputy Chief of Police
Fiscal Impact
Fiscal Year: 22/23
Revenue Generating: N
Appropriation Required Y/N: N
Amount: 54,326.07
Budgeted Y/N: Y
Discussion:

The acquisition of this equipment has been budgeted for the next two fiscal years.

Attachments
Scope of Service Agreement
Invoice and Agreement
Proposal
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8 March 2023

8065 Leesburg Pike Suite 302, Vienna, VA 22182 USA • Tel. +1 703 828-7854 • Fax. +1 201 848 9982 www.cellebrite.com

Service Description
Installation and Deployment of Pathfinder Teams
All In One (AIO) and AIO+

Service Overview

This service provides for the installation and configuration of the Pathfinder Teams software on a single customer supplied server instance as well as the installation and configuration of the Image Analytics software on up to 7 customer supplied instances. This Service is only available for Customer's configurations that meet the following requirements:

• The provided configuration must meet the vendors minimum requirements for hardware, software, and network configuration (such as Operating System version required DNS entries)
• Customer must have a valid Pathfinder Teams license

A Cellebrite representative will contact the Customer to schedule this service, allowing for at least a seven business day lead time prior to the start of the Service, based upon a mutually agreed to resource availability. This Service will be provided during the hours of 8:00am and 6:00pm of the Customers Time Zone, Monday through Friday, excluding holidays, unless other arrangements have been made through the project manager.

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8 March 2023

8065 Leesburg Pike Suite 302, Vienna, VA 22182 USA • Tel. +1 703 828-7854 • Fax. +1 201 848 9982 www.cellebrite.com

Scope of Service Agreement

Key Service Steps
Planning and Design

1. Ensure that the Customer reviews, accepts, and abides by the terms and conditions of this Service Description.

2. Review and obtain the site technical requirements with the Customer.

3. Verify that the desired configuration meets the minimum hardware and software requirements.

4. Verify that all applicable networking requirements have been met (DNS entries, SSL Certificates, Storage shares, etc..)

5. Schedule post service completion Customer Success Manager meeting to perform account introductions and end user onboarding
Implementation and Testing

1. Install Pathfinder Teams software and hot fixes based on Cellebrite Best Practices.

2. Install and Configure Distributed Image analytics (up to 7 workers), if applicable

3. Configure Pathfinder to properly access and use SMB/NFS networked storage folders.

4. Configure Pathfinder Axon Evidence.com integration, if applicable

5. Install customer Provided SSL Certificates

6. Configure access to Active Directory Services, if applicable

7. Create up to 3 user accounts and groups.

8. Connect to SMTP for Password reset/change, if applicable

9. Verify capability to connect to server from workstation

10. Configure built-in system statistics interface (SPIDER), on AIO only

11. Install base map tile bundle for offline maps, if applicable

12. Configure up to 3 watchlists, terms must be in a line delimited text file (Word, txt, etc..)

13. Import up to 2 Hash database files (Project VIC, CAID, txt, csv)

14. Configure up to 5 Crimes or Department categories

15. Configure data paths for Auto Case Creation, Export, Converted Files

16. Verify that all capabilities (Analytical enrichment, tagging, reporting, export, etc..) are properly working

17. Configure and test Pathfinder Backup and Restore scripts Product Awareness

1. Conduct a brief product orientation session covering administrative tasks and review the associated documentation with the Customer. This overview does not replace any available Cellebrite education courses for this product.

Project Closeout

1. Provide documentation to Customer, reflecting the Services performed.

2. Obtain Customer acknowledgment of the Services performed.

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8 March 2023

8065 Leesburg Pike Suite 302, Vienna, VA 22182 USA • Tel. +1 703 828-7854 • Fax. +1 201 848 9982 www.cellebrite.com

Not Included with This Service

1. Performance tuning, system optimization, scripting, or other similar services.

2. Performance or troubleshooting of Security Hardening procedures

3. Configuration of storage

4. Installation of Operating System or hardware Drivers

5. Any Ethernet switch configurations, such as virtual local area network (*VLAN").

6. Installation or configuration of applications other than Pathfinder Teams ( Domain Name System (DNS), Microsoft Exchange, quotas, file and print services)

7. Any on-site service or physical installation of any device such as servers, host bus adapter ("HBA"s"), storage arrays, uninterruptible power supplies (UPSs), or switches.

8. Training beyond the basic Admin Onboarding session

9. Remote administration.

10. Installation or configuration of anti-virus applications.

11. Secure Sockets Layer (*SSL*) Certificate creation.

12. Warranty service or break/fix support of any issue.

13. Data or software migration.

14. Configuration of virtual private network (VPN*)

15. Travel to multiple locations to verify connectivity / operational capabilities Redlands Regular Meeting of 04/18/2023
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Cellebrite Inc.
7 Campus Drive
Suite 210
Parsippany New Jersey 07054
United States

Tel. +1 800 942 3415
Fax. +1 201 848 9982
Tax ID#: 22-3770059
DUNS: 033095568
CAGE: 4C9Q7
Company Website:
http://www.cellebrite.com

Quote

Quote# Q-287031-7
Date: Feb 08, 2023

Billing Information
Redlands Police Department
Accounts Payable
PO BOX 3005
Redlands, California 92373
United States

\i1\
Delivery Information
Redlands Police Department
1270 W Park Ave
Redlands, CA 92373
United States

\i1\
Contact: Leslie Martinez
Phone: 9095576614
Contact: Leslie Martinez
Phone: 9095576614

End Customer: Redlands Police Department
Click
here to process with Credit Card payment
By clicking the link above and accepting this quote,
You are expressing your agreement and compliance to and with the terms contained on this quote.

Customer ID Good Through Payment Terms Currency Sales Rep SF-00176331 Mar 10, 2023 Net 30 USD Jennifer Leros
Product Code Product Name Qty Start Date End Date Serial Number Net Price\Unit Net Price B-PAAS-02-004 Premium as a Service
Core package
1 Feb 08, 2023 Feb 07, 2024 0.00 0.00
U-AIS-02-134 Premium SaaS 35
Unlocks and Unlimited
Extraction Annual
Subscription
1 Feb 08, 2023 Feb 07, 2024 9,900.00 9,900.00
U-AIS-02-139 Premium SAAS End
Point
1 Feb 08, 2023 Feb 07, 2024 0.00 0.00
U-AIS-02-105 Cellebrite Premium
Adapter
1 1,000.00 1,000.00
B-ANY-05-001 Pathfinder Subscription
Package
1 Feb 08, 2023 Feb 07, 2024 0.00 0.00
Number of users =Unlimited, Number of extractions =200
S-UFD-17-044 Pathfinder Subscription 1 Feb 08, 2023 Feb 07, 2024 32,000.00 32,000.00 Number of users =Unlimited, Number of extractions =200
A-PCA-00-001 Software license PC
activation code
1 0.00 0.00
F-UFD-04-052 Dell T-440 Server 1 6,000.00 6,000.00
F-UFD-15-036 UFED Camera Kit 1 200.00 200.00
F-KAS-10-001 UFED 4PC HW Kit 1 600.00 600.00
Quote Number: Q-287031-7
Prepared by Jennifer Leros

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SubTotal USD 49,700.00
Shipping & Handling USD 255.00
Sales Tax  USD 4,371.07
Total USD 54,326.07

Comments:

Terms and Conditions:
- Freight Terms: FCA (NJ)
- Limited Warranty:  Hardware: 12 Months;   Software: 60 days;   Touch Screen: 30 days - Quote is subjected to regulation approval.
- General: Purchases of any products sold by Cellebrite are governed by http://legal.cellebrite.com/us/index.html
- EULA: Software is licensed by Cellebrite in accordance with an end user license agreement available at https://legal.cellebrite.com/End- User-License-Agreement.html
- Advanced Services (CAS): Purchases of Cellebrite Advanced Services are governed by https://legal.cellebrite.com/CB-us-us/index.html - Premium: The following terms apply only to the following products: Cellebrite Premium http://legal.cellebrite.com/intl/PremiumUS.htm - Pathfind
er: https://legal.cellebrite.com/PF-Addendum.htm
- Training Services: Subject to the terms and conditions at  http://legal.cellebrite.com/intl/Training.htm - SaaS: https://legal.cellebrite.com/Cellebrite-SaaS-Terms-of-Service-October-18-2021.htm

In the event of any dispute as to which terms apply, Cellebrite shall have the right to reasonably determine which terms apply to a given purchase order.
*SALES TAX DISCLAIMER: Cellebrite Inc. is required to collect Sales and Use Tax for purchases made from the following certain U.S.

States. Orders are accepted with the understanding that such taxes and charges shall be added, as required by law. Where applicable, Cellebrite Inc. will charge sales tax unless you have a valid sales tax exemption certificate on file with Cellebrite Inc. Cellebrite Inc. will not refund tax amounts collected in the event a valid sales tax certificate is not provided. If you are exempt from sales tax, you must provide us with your sales tax exempt number and fax a copy of your sales tax exempt certificate to Cellebrite Inc.

Please include the following information on your PO for Cellebrite UFED purchase:
- Please include the ORGINAL QUOTE NUMBER (For example - Q-XXXXX) on your PO - CONTACT NAME & NUMBER of individual purchasing and bill to address - E-MAIL ADDRESS of END USER for monthly software update as this is critical for future functionality

I, the undersigned, hereby confirm that I am authorized to sign this Order on behalf the engaging company ("Company"), and I hereby approve that my signature is legally binding upon the Company. By signing this Order I hereby confirm and approve that the terms and conditions with respect to the services described in this Order are the only terms and conditions that apply in this regard, and no other documents and/or forms and/or other terms and conditions shall apply.

Signature & Stamp:

\s1\

Effective Date:

\d1\

Name (Print):

\n1\

Title:

\t1\

Please sign and email to Jennifer Leros at [email protected]

Quote Number: Q-287031-7
Prepared by Jennifer Leros
Page
2 of 2
Redlands Regular Meeting of 04/18/2023
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Jennifer Leros
Cellebrite SLG Account Manager
[email protected]

• Perform Full File System Extractions in the
field
• Seamlessly connect and manage your
installed UFEDs and add new Premium
Endpoints
• Access to third-party application data, chat
conversations, downloaded emails and email
attachments, and deleted content
The Redlands Police Department is experiencing an increased amount of digital evidence during investigations and currently does not have tools to unlock, extract, nor analyze these devices. As of today, RPD is identifying a multitude of mobile devices, laptops, IoT devices, and more that are deemed possible points of evidence. However, without the proper tools within the department, Redlands is not collecting all potential devices at a crime scene nor throughout the investigation process. RPD is forced to ask favors from Ontario, the FBI, and LAPD task forces to extract evidence for them. The wait time can be months before these favors are fulfilled; causing an increased time to evidence. Unknown extraction type, inability to access critical data, and lack of analytical tools for investigators are all factors into the inefficiency of RPD’s current process.

How Cellebrite Will Help
Cellebrite Premium allows agencies to lawfully unlock, decrypt, and extract critical digital evidence from the widest range of iOS and Android devices. By using Cellebrite UFED as the endpoint, RPD investigators can unlock mobile devices without having to be in the lab. To collect the most evidence possible, users will be able to unlock phones via Supersonic Brute Force, as well as in AFU and BFU status. This means RPD does not need to waste valuable time or risk devices being remotely wiped while transporting them back to the lab.

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Jennifer Leros
Cellebrite SLG Account Manager
[email protected]

Modernizing the Investigative Process
Data volumes in mobile devices are increasing at a rate that makes it hard for investigators to keep up. The average phone holds 60,000 messages, 32,000 images, 30,000 locations, 1,000 call logs, and over 3,000 web browsing histories. Reviewing digital data is highly time-intensive for investigators. Without analytics tools, examiners spend an average 39 hours per case on reviewing photos, videos, SMS, originating from mobile devices and creating reports.

With Cellebrite’s Pathfinder, Redlands Police will be able to ingest all points of digital information and create a data lake of evidence.

Powered by AI, Cellebrite Pathfinder drastically reduces time to evidence by automating processing (decoding) and analysis of digital data to sift through massive quantities of data quickly. Other benefits include:
• Automation of the decoding process. This makes the data accessible in simple form directly for investigators, which frees up lab experts to perform review-only to escalate workflow in complex cases while reducing backlogs at labs. • Uncovering evidence that would have been missed (or impossible to find) through manual examination of data. Connecting disparate bits of evidence to tell the “whole story” of the investigation.
• Enriching technical metadata with human readable insight, turning Internet paths into simple topics and resolving endless identifiers to real-life persons. • Providing a complete visualization of the investigation to drive command decisions. • Simplify data reporting by providing easy-to-use templates that are graphically-driven to make evidence easy to understand by prosecutors, juries, and judges.

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Jennifer Leros
Cellebrite SLG Account Manager
[email protected]

Item Cost
Premium aaS $ 10,900.00
Pathfinder $ 40,000.00
Dell T440 Server $ 18,000.00
UFED Camera Kit/Hardware Kit $ 800.00
Sales Manager Discount $ (8,000.00)
Server Discount *while supplies last $(12,000.00)
Taxes/Shipping & Handling $ 4,626.07
Total $ 54,326.07

Solution Description
Premium as a Service 35 Mobile Device Unlocks. Unlimited Extractions. Includes endpoint licensing, adapter, and all needed HW/cables
Pathfinder 200 extractions. Unlimited users allows RPD to give access to all investigators to analyze multi-device cases and cross reference previously extracted data from older
investigations.

Dell T440 Server Server used to run Cellebrite Pathfinder. Comes with three-year warrantee.

UFED Camera Kit Enables RPD to manually collect evidence by capturing images and videos of data or screenshots directly from a device, even when the data is non-extractable
Redlands Police Proposed Solution
Pricing Summary
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City Council Meeting I. 11.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a purchase order increase modification of $40,000, for a not to exceed total of $90,000, with Galls LLC for the purchase of body armor and other law enforcement equipment (Interim Police Chief Tolber)
MOTION(S):

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

I move that the City Council approve a purchase order increase modification of $40,000, for a not to exceed total of $90,000, with Galls LLC for the purchase of body armor and other law enforcement equipment.

RECOMMENDATION:

Staff recommends City Council authorize staff to execute the modification of a purchase order with Galls LLC for the purchase of body armor and other law enforcement equipment.

DISCUSSION:

On September 8, 2020, the city piggy-backed on a contract with the City of Los Angeles to purchase body armor and other law enforcement equipment through their vendor Galls LLC. The City of Los Angeles contract number 59463 - amendment 35 Police Equipment, Supplies and Accessories. The contract was renewed from February 1, 2021 through January 21, 2022 and then again from February 1, 2022 through January 31, 2023. The City of Los Angeles sent staff an amendment to the contract, extending it to October 31, 2023. Staff is requesting that the City Council approves the amendment from the City of Los Angeles in the amount of $40,000 to pay for any pending and future invoices.

There were two previous amendments. However, this amendment puts us over $50,000 which requires approval from City Council.

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$50,000 which requires approval from City Council.

ALTERNATIVES:

Do not accept the contract amendment.

STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

Rachel Tolber, Interim Police Chief
RECOMMENDED BY:

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

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

Jeremy Floyd, Interim Commander
Fiscal Impact
Fiscal Year: 2022-23
Revenue Generating: N/A
Appropriation Required Y/N: N
Amount: $40,000.00
Budgeted Y/N: Y
Account No.: 101202-7004
Discussion:

No fiscal impact.

Attachments
City of Los Angeles Annual Requirements Contract - ARC 40 59463 19 City of Los Angeles Supply Contract 59463 - Amendment 35 City of Los Angeles Supply Contract 59463 - Amendment 36 Redlands Regular Meeting of 04/18/2023
79 of 411
ARC 40 59463 19 Page 1

CITY OF LOS ANGELES
City of Los Angeles Purchasing Agent
111 E 1ST STREET
ROOM 110
LOS ANGELES CA 90012

ANNUAL REQUIREMENTS CONTRACT
Contract Number Description RFQ Number
ARC 40 59463 19 Police Equipment, Supplies, &
Accessories

Contract Dates Payment Terms Delivery Days ARO
09-08-20 to 01-31-21 0% Net 30 120
Central Purchasing Vendor Bill To
Contact: Marissa Rodriguez
Phone: (213) 978-4658
E-mail: [email protected]
000002074

GALLS, LLC
17600 FABRICA WAY
CERRITOS, CA 90703
City of Los Angeles
Supply Svcs., Accounts Payable
555 Ramirez St., Space 312
Los Angeles CA 90012
Reason for Modification
Amendment 28, Price Increase: Line Items and Pricelist Items, effective September 8, 2020.

Renewal Period Options
Option Effective Date Expiration Date
2 02-01-21 01-31-22
3 02-01-22 01-31-23
Line Items
Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 1 53100000 Police Equipment, Supplies and
Accessories.

See attached Ap
LO $0.0010
*** THIS LINE IS NOT ACTIVE ***
Extended Description: Deivery Lead Times:Stock merchandise in retail stores can be picked up immediately on an as- needed
basis.Large quantity bulk orders require 20-45 days delivery.Custom made items coming from overseas require 60-90 day delivery. *** Next Comment *** Reference Item List Item numbers 4-6 was deleted from this contract and was replaced by contract line items 2 and 3.Reference Item List item number 42: part number change from X11204A to X112039A. No change in price. *** Next Comment *** Amendment # 14, Add Line #40 - Catalog pricing. TRB *** Next Comment *** Amendment # 15, add Line # 41-42. trb
2 461815 Body Armor, Concealable, Level II,
Male,
KDH Defense System,
EA $665.0000
*** THIS LINE IS NOT ACTIVE ***
Extended Description: Optional Upgrade: Pricing for Level III concealable body armor listed is for informational use only.

Police
Officers who would like to upgrade their standard issued vest to a Level III model will pay the difference at the individual officer's expense.Part Number LTST-102-IIIA - Male Unit price: $765.00 each *** Next Comment *** LINE # 2 IS DELETED PER AMENDMENT # 11. PLEASE USE LINE # 38 & 39
3 461815 Body Armor, Concealable, Level II,
Female,
KDH Defense Syste
EA $665.0000
*** THIS LINE IS NOT ACTIVE ***
Extended Description: Optional Upgrade: Pricing for Level III concealable body armor listed is for informational use only.

Police
Officers who would like to upgrade their standard issued vest to a Level III model will pay the difference at the individual officer's expense.Part Number LTSTF-102-IIIA - Female Unit price:
$765.00 each *** Next Comment *** Refer to Amendment # 2 regarding change in speed plate. SK. *** Next Comment *** Please use LIne # 2. This line is deleted per Amendment # 9. SK.

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ARC 40 59463 19 Page 2
Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 4 461815 STRAPPING SYSTEM & POUCH

SYSTEM, MODIFIED, INCLUDING
STRAPS
EA $39.0000
Extended Description: STRAPPING SYSTEM & POUCH SYSTEM, MODIFIED, INCLUDING STRAPS OF TWO 2" X 7"

BRETHE-
O-PRENE SHOULDER STRAPS & TWO 4" X 12" SIDE STRAPS AND SYSTEM OF TWO 10" X 12" X 1" POUCHES SITUATED ON THE FRONT & REAR OF WEARER'S TORSO, "POINT BLANK", #CS2C33030P-LAFD
* NOTE: ITEM ABOVE IS INTENDED FOR USE WITH THE BODY ARMOR LISTED ON LINE # 67-69 OF THE CONTRACT.

Manufacturer: POINT BLANK
Mfr Part No.: CS2C33030P-LAFD
5 461815 HELMET, TACTICAL, NIJ IIIA WITH

MODULAR SUSPENSION SYSTEM, I
EA $265.5000
Extended Description: HELMET, TACTICAL, NIJ IIIA WITH MODULAR SUSPENSION SYSTEM, ITEM# PTH-IIIA + PAR- MSS,
"PARACLETE"
Manufacturer: PARACLETE
Mfr Part No.: PTH-IIIA + PAR-MSS
6 461815 BODY ARMOR, LEVEL II, SECOND
CHANCE SUMMIT, NIJ0101.06
STAND
EA $599.3700
*** THIS LINE IS NOT ACTIVE ***
Extended Description: BODY ARMOR, LEVEL II, SECOND CHANCE SUMMIT, NIJ0101.06 STANDARDS WITH ONE (1)

APEX CARRIER, MALE, INCLUDING SPECIAL DEPARTMENT SERIALIZATION AND LABEL, ITEM# SM01 II, "SAFARILAND"
Manufacturer: SAFARILAND
Mfr Part No.: SM01 II
7 461815 BODY ARMOR, LEVEL II, SECOND
CHANCE SUMMIT, NIJ0101.06
STAND
EA $599.3700
*** THIS LINE IS NOT ACTIVE ***
Extended Description: BODY ARMOR, LEVEL II, SECOND CHANCE SUMMIT, NIJ0101.06 STANDARDS WITH ONE (1)

APEX CARRIER, FEMALE, INCLUDING SPECIAL DEPARTMENT SERIALIZATION AND LABEL, ITEM# SMO1F II,"SAFARILAND"
Manufacturer: SAFARILAND
Mfr Part No.: SMO1F II
8 461815 BODY ARMOR, LEVEL IIIA, SECOND
CHANCE
SUMMIT, NIJ0101.06 STA
EA $702.5500
*** THIS LINE IS NOT ACTIVE ***
Extended Description: BODY ARMOR, LEVEL IIIA, SECOND CHANCE SUMMIT, NIJ0101.06 STANDARDS WITH ONE (1) APEX

CARRIER, MALE, INCLUDING SPECIAL DEPARTMENT SERIALIZATION AND LABEL, ITEM# SMO1 IIIA, "SAFARILAND"
Manufacturer: SAFARILAND
Mfr Part No.: SMO1 IIIA
9 461815 BODY ARMOR, LEVEL IIIA, SECOND
CHANCE
SUMMIT, NIJ0101.06 STA
EA $702.5500
*** THIS LINE IS NOT ACTIVE ***
Extended Description: BODY ARMOR, LEVEL IIIA, SECOND CHANCE SUMMIT, NIJ0101.06 STANDARDS WITH ONE (1)

APEX CARRIER, FEMALE, INCLUDING SPECIAL DEPARTMENT SERIALIZATION AND LABEL, ITEM# SMO1F IIIA, "SAFARILAND"
Manufacturer: SAFARILAND
Mfr Part No.: SMO1F IIIA
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ARC 40 59463 19 Page 3
Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 10 461815 VEST, TACTICAL, FAV MKII

ENHANCED WITH MOLLE

ATTACHMENT SYST
EA $1,379.7500
*** THIS LINE IS NOT ACTIVE ***
Extended Description: VEST, TACTICAL, FAV MKII ENHANCED WITH MOLLE ATTACHMENT SYSTEM, BR01 SERIES, NIJ0101.06
LEVEL IIIA, BLACK, ITEM# P6-FBR3-XXXXX-AYK, "PROTECH"
Manufacturer: PROTECH
Mfr Part No.: P6-FBR3-XXXXX-AYK
11 461815 VEST, RAPID RESPONSE, F1, LAPD

SIS FRONT OPENING, ENHANCED W
EA $1,689.2000
*** THIS LINE IS NOT ACTIVE ***
Extended Description: VEST, RAPID RESPONSE, F1, LAPD SIS FRONT OPENING, ENHANCED WITH MOLLE ATTACHMENT SYSTEM, BR01 SERIES, NIJ0101.06 LEVEL IIIA, BLACK, ITEM# P6-SBRZ-XXXXX- ZYK-5730, "PROTECH"
Manufacturer: PROTECH
Mfr Part No.: P6-SBRZ-XXXXX-ZYK-5730
12 461815 CERAMIC COMPOSITE SINGLE
CURVE,
LEVEL IV, 8" X 10", ITEM# 21
EA $192.7100
Extended Description: CERAMIC COMPOSITE SINGLE CURVE, LEVEL IV, 8" X 10", ITEM# 2116G/1003465, "PROTECH" Manufacturer: PROTECH
Mfr Part No.: 2116G/1003465
13 461815 UNIVERSAL RADIO POUCH,

CORDURA,
MOLLE, BLACK, ITEM#
TP-21, "
EA $16.9600
Extended Description: UNIVERSAL RADIO POUCH, CORDURA, MOLLE, BLACK, ITEM# TP-21, "PROTECH" Manufacturer: PROTECH
Mfr Part No.: TP-21
14 461815 POUCH, MEDIC, CORDURA, MOLLE,
BLACK, ITEM# TP-20, "PROTECH"
EA $16.9600
Extended Description: POUCH, MEDIC, CORDURA, MOLLE, BLACK, ITEM# TP-20, "PROTECH" Manufacturer: PROTECH
Mfr Part No.: TP-20
15 461815 POUCH, COMBO EXPANDABLE,

BATON / FLASHLIGHT, CORDURA,
MOLLE,
EA $16.9600
Extended Description: POUCH, COMBO EXPANDABLE, BATON / FLASHLIGHT, CORDURA, MOLLE, BLACK, ITEM# TP-14A,
"PROTECH"
Manufacturer: PROTECH
Mfr Part No.: TP-14A
16 461815 POUCH, SINGLE HANDCUFF,

CORDURA,
MOLLE, BLACK, ITEM#
TP-17,
EA $16.9600
Extended Description: POUCH, SINGLE HANDCUFF, CORDURA, MOLLE, BLACK, ITEM# TP-17, "PROTECH" Manufacturer: PROTECH
Mfr Part No.: TP-17
17 461815 POUCH, DUAL M4/SIDE ARM

MAGAZINE,

CORDURA, MOLLE,
ITEM# TP-7
EA $16.9600
Extended Description: POUCH, DUAL M4/SIDE ARM MAGAZINE, CORDURA, MOLLE, ITEM# TP-7, "PROTECH" Manufacturer: PROTECH
Mfr Part No.: TP-7
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ARC 40 59463 19 Page 4
Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 18 461815 POUCH, DOUBLE M4 MAGAZINE, 30

ROUNDS, CORDURA, MOLLE,
BLACK,
EA $16.9600
Extended Description: POUCH, DOUBLE M4 MAGAZINE, 30 ROUNDS, CORDURA, MOLLE, BLACK, ITEM# TP-5A, "PROTECH"
Manufacturer: PROTECH
Mfr Part No.: TP-5A
19 461815 POUCH, SHOTGUN SHELL, 12
ROUND,
MOLLE, BLACK, ITEM#
TP-11, "
EA $16.9600
Extended Description: POUCH, SHOTGUN SHELL, 12 ROUND, MOLLE, BLACK, ITEM# TP-11, "PROTECH" Manufacturer: PROTECH
Mfr Part No.: TP-11
20 461815 POUCH, DOUBLE SIDE ARM

MAGAZINE,

CORDURA, MOLLE,

BLACK, ITEM
EA $16.9600
Extended Description: POUCH, DOUBLE SIDE ARM MAGAZINE, CORDURA, MOLLE, BLACK, ITEM# TP-10A, "PROTECH" Manufacturer: PROTECH
Mfr Part No.: TP-10A
21 461815 PATCH, SMALL ID, 1" LETTERING

EMBOSSED,
"POLICE" WHITE ON BL
EA $6.3700
Extended Description: PATCH, SMALL ID, 1" LETTERING EMBOSSED, "POLICE" WHITE ON BLACK, ITME# I-XXXX-AS3, "PROTECH"
Manufacturer: PROTECH
Mfr Part No.: I-XXXX-AS3
22 461815 PATCH, LARGE ID, 2" LETTERING

EMBOSSED,
"POLICE" WHITE ON BL
EA $6.3700
Extended Description: PATCH, LARGE ID, 2" LETTERING EMBOSSED, "POLICE" WHITE ON BLACK, ITEM# I-XXXX-AL4, "PROTECH"
Manufacturer: PROTECH
Mfr Part No.: I-XXXX-AL4
23 461815 BALLISTIC THROAT PROTECTION,
BLACK BR01 BALLISTICS, NIJ 0101
EA $71.3500
*** THIS LINE IS NOT ACTIVE ***
Extended Description: BALLISTIC THROAT PROTECTION, BLACK BR01 BALLISTICS, NIJ 0101.036 LEVEL IIIA, BLACK, ITEM#
P6-A-FAVTHRT-BR3-YK, "PROTECH"
Manufacturer: PROTECH
Mfr Part No.: P6-A-FAVTHRT-BR3-YK
24 461815 BICEP PROTECTOR, PAIR, BLACK,
BR01 BALLISTICS, NIJ0101.06 LE
EA $236.7500
*** THIS LINE IS NOT ACTIVE ***
Extended Description: BICEP PROTECTOR, PAIR, BLACK, BR01 BALLISTICS, NIJ0101.06 LEVEL IIIA, ITEM# P6-A-BCP- BR3-YK (6X6 PKT), "PROTECH"
Manufacturer: PROTECH
Mfr Part No.: P6-A-BCP-BR3-YK (6X6 PKT)
25 461815 COLLAR, BALLISTIC, FOR FAV MKII,
BLACK
BR01 BALLISTICS, NIJ0
EA $81.1000
*** THIS LINE IS NOT ACTIVE ***
Extended Description: COLLAR, BALLISTIC, FOR FAV MKII, BLACK BR01 BALLISTICS, NIJ0101.06 LEVEL IIIA, ITEM# P6- A-
ENHCOL-BR3-1X-YK, "PROTECH"
Manufacturer: PROTECH
Mfr Part No.: P6-A-ENHCOL-BR3-1X-YK
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ARC 40 59463 19 Page 5
Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 26 461815 POUCHES, SET OF EIGHT

POUCHES, CORDURA, BLACK,
ITEM# TP, "PR
EA $135.7100
Extended Description: POUCHES, SET OF EIGHT POUCHES, CORDURA, BLACK, ITEM# TP, "PROTECH" Manufacturer: PROTECH
Mfr Part No.: TP
27 461815 STRANDHOGG MBAV L/XL, FRONT
AND
BACK BODY, BLACK, ITEM#
TBD,
EA $286.9900
Extended Description: STRANDHOGG MBAV L/XL, FRONT AND BACK BODY, BLACK, ITEM# TBD, "FIRST SPEAR" Manufacturer: FIRST SPEAR
Mfr Part No.: TBD
28 461815 CUMMERBUND, OVERLAP, LE, L/XL,
BLACK,
ITEM# 500-15-00381-500
EA $15.0000
Extended Description: CUMMERBUND, OVERLAP, LE, L/XL, BLACK, ITEM# 500-15-00381-5001-53, "FIRST SPEAR" Manufacturer: FIRST SPEAR
Mfr Part No.: 500-15-00381-5001-53
29 461815 PANELS, ARMOR, SOFT, MBAV
FRONT/
BACK, L/XL AXIIA, ITEM# 500-
EA $448.7500
Extended Description: PANELS, ARMOR, SOFT, MBAV FRONT/BACK, L/XL AXIIA, ITEM# 500-17-00301-000-53, "FIRST SPEAR"
Manufacturer: FIRST SPEAR
Mfr Part No.: 500-17-00301-000-53
30 461815 ARMOR, SOFT, NIJ 06 LEVEL IIIA
(AXIIIA),
6 X 13 (SET OF TWO)
EA $218.9700
Extended Description: ARMOR, SOFT, NIJ 06 LEVEL IIIA (AXIIIA), 6 X 13 (SET OF TWO), OVERLAP, ITEM# TBD, "FIRST SPEAR"
Manufacturer: FIRST SPEAR
Mfr Part No.: TBD
31 461815 ARMOR, SOFT, MASS SHOULDER W/

AXIIIA,
ITEM# 500-15-00392-5001
EA $173.9200
Extended Description: ARMOR, SOFT, MASS SHOULDER W/AXIIIA, ITEM# 500-15-00392-5001-00, "FIRST SPEAR" Manufacturer: FIRST SPEAR
Mfr Part No.: 500-15-00392-5001-00
32 461815 ARMOR, SOFT, MASS BICEP W/

AXIIIA,
ITEM# 500-15-00071-5001-00
EA $323.8800
Extended Description: ARMOR, SOFT, MASS BICEP W/AXIIIA, ITEM# 500-15-00071-5001-00, "FIRST SPEAR" Manufacturer: FIRST SPEAR
Mfr Part No.: 500-15-00071-5001-00
33 461815 ARMOR, SOFT, MASS COLLAR W/

AXIIIA,
ITEM# 500-15-00069-5001-0
EA $124.8100
Extended Description: ARMOR, SOFT, MASS COLLAR W/AXIIIA, ITEM# 500-15-00069-5001-00, "FIRST SPEAR" Manufacturer: FIRST SPEAR
Mfr Part No.: 500-15-00069-5001-00
34 461815 5 POCKET SUITE, ITEM# TBD,
"FIRST
SPEAR"
EA $273.9600
Extended Description: Safety apparel
Manufacturer: FIRST SPEAR
Mfr Part No.: TBD
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ARC 40 59463 19 Page 6
Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 35 461815 RIFLE STOCK STOP, 6/12, BLACK,
ITEM# 500-15-00428-5001-00, "
EA $16.8900
Extended Description: RIFLE STOCK STOP, 6/12, BLACK, ITEM# 500-15-00428-5001-00, "FIRST SPEAR" Manufacturer: FIRST SPEAR
Mfr Part No.: 500-15-00428-5001-00
36 461815 PLATE, RIFLE, 10 X 12 LEVEL III+,

SHOOTER'S
CUT, ITEM# 20260
EA $399.9500
Extended Description: PLATE, RIFLE, 10 X 12 LEVEL III+, SHOOTER'S CUT, ITEM# 20260, "POINT BLANK" Manufacturer: POINT BLANK
Mfr Part No.: 20260
37 461815 PLATE, SHOOTER'S CUT, 10 X 12.1,
MODEL
3610, ITEM# 3610-SWL,
EA $358.0500
Extended Description: PLATE, SHOOTER'S CUT, 10 X 12.1, MODEL 3610, ITEM# 3610-SWL, "HESCO" Manufacturer: HESCO
Mfr Part No.: 3610-SWL
38 461815 BODY ARMOR, CONCEALABLE,

REPLACED
W/ LINES 47 (MALE) & 48
EA $665.0000
*** THIS LINE IS NOT ACTIVE ***
Extended Description: Replaced with Lines 44 (male) & 45 (female) BODY ARMOR, CONCEALABLE, LEVEL IIIA, MALE, ONE (1) HILITE CARRIER WITH AXIIIA BALLISTIC PANELS AND ONE (1) 7 X 10 SPEED PLATE, ITEM# HL6AXDCS0M, "POINT BLANK" * NOTE: FOR FEMALE BODY ARMOR, THE ITEM # IS HX6AZDCS0M Manufacturer: POINT BLANK
Mfr Part No.: HL6AXDCS0M
39 461815 PLATE, SIZE: MEDIUM, THIN,

LIGHTWEIGHT
MIL-SPEC., SAPI /
SHO
EA $699.5000
Extended Description: PLATE, SIZE: MEDIUM, THIN, LIGHTWEIGHT MIL-SPEC., SAPI / SHOOTER'S CUT, ITEM# SOST-500,
"POINT BLANK"
Manufacturer: POINT BLANK
Mfr Part No.: SOST-500
40 461815 Equipment, Supplies and Accessories
not
covered under lines
EA $0.0100
*** THIS LINE IS NOT ACTIVE ***
Extended Description: PRICE LIST DISCOUNT: Percentage discount off Retail Price from Galls.com website: 20%.In order to
utilize this discount, all requests for quotes must go through Lou Jaeger, Sales Manager, or Loretta Vamanrav, Account Manager. Manufacturer: VariousApplicable price column: Retail List PriceThe "Price Agreement Conditions" herein shall apply to discounts. 41 461815 Bladetech Ambidextrous LAPD Taser
Holster
EA $21.7400
Extended Description: Safety apparel
Manufacturer: BLADETECH
42 461815 Safariland EDW Cartridge Holder,
Leather-
Look Finish
EA $19.1300
Extended Description: Safety apparel
Manufacturer: SAFARILAND
43 461818 Ballistic Shields; Part # ASPIS-X GS
Point
Blank, Level III
EA $5,804.5500
Extended Description: Ballistic Shields; Part # ASPIS-X GS Point Blank, Level III Body Shield with Viewport and Light; 20 x 30;
(per LAPD's stated specifications; Standard Shipping included in Unit price) Manufacturer: POINT BLANK
Mfr Part No.: ASPIS-X GS
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Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 44 461815 EQUIPMENT, SUPPLIES AND

ACCESSORIES NOT COVERED
UNDER LINE 1
$0.0000 (-) 0%
Extended Description: EQUIPMENT, SUPPLIES AND ACCESSORIES NOT COVERED UNDER LINE 1 TO 39 PRICE LIST DISCOUNT: Percentage discount off Retail Price from Galls.com website: 20%.In order to utilize this discount, all requests for quotes must go through Lou Jaeger, Sales Manager, or Loretta Vamanrav, Account Manager. Manufacturer: VariousApplicable price column: Retail List PriceThe "Price Agreement Conditions" herein shall apply to discounts. 46 53100000 POLICE EQUIPMENT, SUPPLIES
AND
ACCESSORIES. SEE

ATTACHED AP
$0.0000 (-) 0%
Extended Description: POLICE EQUIPMENT, SUPPLIES AND ACCESSORIES. SEE ATTACHED APPROVED ITEM LIST.

Delivery
Lead Times:Stock merchandise in retail stores can be picked up immediately on an as- needed basis.Large quantity bulk orders require 20-45 days delivery.Custom made items coming from overseas require 60-90 day delivery. *** Next Comment *** Reference Item List Item numbers 4-6 was deleted from this contract and was replaced by contract line items 2 and 3.Reference Item List item number 42: part number change from X11204A to X112039A. No change in price. *** Next Comment *** Amendment # 14, Add Line #40 - Catalog pricing. TRB *** Next Comment *** Amendment # 15, add Line # 41-42. trb
47 461815 Body Armor, Concealable, Level IIIA,
Male,
Point Black Alpha
EA $702.6400
Extended Description: Body Armor, Concealable, Level IIIA, Male, Point Black Alpha Black, Men's Body Armor with one HiLite
carrier and either a 5"x8" or 7"x10" semi rigid plate with each vest, compliant under Federal Standard NIJ 0101.03, including special Department serialization and label, Part Number AXBIIIA Manufacturer: POINT BLANK
Mfr Part No.: BP1164 NAV CTM WT
48 461815 Body Armor, Concealable, Level IIIA,
Female, Point Black,
EA $702.6400
Extended Description: Body Armor, Concealable, Level IIIA, Female, Point Black Alpha Black, Women's Body Armor with one HiLite carrier and either a 5"x8" or 7"x10" semi rigid plate with each vest, compliant under Federal Standard NIJ 0101.03, including special Department serialization and label, Part Number AXBIIIAF Manufacturer: POINT BLANK
Mfr Part No.: BP1167 NAV CTM WT
49 4618 Point Blank, R20D Carrier. Part
Number
OS5M00BV0J
EA $143.9000
Extended Description: Point Blank, R20D Carrier with front and black POLICE ID panels. Part Number BL546 / OS5M00BV0J Manufacturer: POINT BLANK
Mfr Part No.: OS5M00BV0J
50 4618 Point Blank, Endeavor Carrier, Part
Number
EN4M00BV0J
EA $203.4000
Extended Description: Point Blank, Endeavor Carrier with front and back POLICE ID panels. Part Number TP810 / EN4M00BV0J
Manufacturer: POINT BLANK
Mfr Part No.: EN4M00BV0J
51 4618 Point Blank, Maverick Carrier, Part
Number
MK3M00BV0J
EA $203.4000
Extended Description: Point Blank, Maverick Carrier with front and back POLICE ID panels. Part Number BL545 / MK3M00BV0J
Manufacturer: POINT BLANK
Mfr Part No.: MK3M00BV0J
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Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 52 4618 Point Blank, Guardian Carrier, Part
Number GD1M00BV0J
EA $203.4000
Extended Description: Point Blank, Guardian Carrier with front and back POLICE ID panels. Part Number BL368 / GD1M00BV0J
Manufacturer: POINT BLANK
Mfr Part No.: GD1M00BV0J
53 461815 Handcuff Case, Single, Accumold Elite
7900,Clarino
Black
EA $22.6500
Extended Description: Handcuff Case, Single, Accumold Elite 7900,Clarino Black, Hidden Snap,P/N:NP351 CL HS / 22297,"Bianchi"
Manufacturer: BIANCHI
Mfr Part No.: 22297
54 461815 Double Magazine Pouch, Accumold
Elite 7902,Clarino Black,
EA $29.2300
Extended Description: Double Magazine Pouch, Accumold Elite 7902,Clarino Black, Hidden Snaps, P/N:NP352 CL HS 2 / 25342,"Bianchi"
Manufacturer: BIANCHI
Mfr Part No.: 25342
55 461815 Keeper, Belt, Four Pack, Accumold
Elite
7906,Clarino Black,
EA $10.1900
Extended Description: Keeper, Belt, Four Pack, Accumold Elite 7906,Clarino Black, Hidden Snaps, P/N:NP354 CL HS/ 22306,"Bianchi"
Manufacturer: BIANCHI
Mfr Part No.: 22306
56 461815 Holder, Mace /OC, Closed Top,
MK-3,Accumold
Elite 7907,
EA $22.0100
Extended Description: Holder, Mace /OC, Closed Top, MK-3, Accumold Elite 7907, Clarino Black, Hidden Snap, P/N:NP355 CL
HS/22308, "Bianchi"
Manufacturer: BIANCHI
Mfr Part No.: 22308
57 461815 Holder, Mace /OC, Closed Top, MK-4,
Accumold
Elite 7907,
EA $22.0100
Extended Description: Holder, Mace /OC, Closed Top, MK-4, Accumold Elite 7907, Clarino Black, Hidden Snap, P/N:NP356 CL
HS/22310, "Bianchi"
Manufacturer: BIANCHI
Mfr Part No.: 22310
58 461815 Holder, Flashlight, Compact, Covered,
Accumold
Elite 7911
EA $22.3300
Extended Description: Holder, Flashlight, Compact, Covered, Accumold Elite 7911,Clarino Black, Hidden Snap, P/N:LR124 BLK CL HS/24037,"Bianchi"
Manufacturer: BIANCHI
Mfr Part No.: 24037
59 461815 Holder, Glove, Holds Two Pair of Latex
Gloves, Accumold Elit
EA $18.4600
Extended Description: Holder, Glove, Holds Two Pair of Latex Gloves, Accumold Elite 7915,Clarino Black, Hidden Snap, P/ N:NP359
CL HS/22318,"Bianchi"
Manufacturer: BIANCHI
Mfr Part No.: 22318
60 461815 Holster, Level III Retention, Clarino
Black,
RH Glock 17/22
EA $109.1200
Extended Description: Holster, Level III Retention, Clarino Black, RH Glock 17/22 w/ Light Mount, P/N:ZW048 CRH 832/6360-832-91,
"Safariland"
Manufacturer: SAFARILAND
Mfr Part No.: 6360-832-91
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Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 61 461815 Holster, Level III Retention, Clarino
Black, LH Glock 17/22
EA $109.1200
Extended Description: Holster, Level III Retention, Clarino Black, LH Glock 17/22 w/ Light Mount, P/N:ZW048 CLH 832/6360-832-92,
"Safariland"
Manufacturer: SAFARILAND
Mfr Part No.: 6360-832-92
62 461815 Holster, Level III Retention, Clarino
Black,
RH Glock 17/22
EA $109.1200
Extended Description: Holster, Level III Retention, Clarino Black, RH Glock 17/22 w/ Light Mount, P/N:ZW807 CRH 832/6365-832-91, "Safariland"
Manufacturer: SAFARILAND
Mfr Part No.: 6365-832-91
63 461815 Holster, Level III Retention, Clarino
Black, LH Glock 17/22
EA $109.1200
Extended Description: Holster, Level III Retention, Clarino Black, LH Glock 17/22 w/ Light Mount, P/N:ZW807 CLH 832/6365-832-92,
"Safariland"
Manufacturer: SAFARILAND
Mfr Part No.: 6365-832-92
64 461815 Holster, Level III Retention, Clarino
Black, RH Glock 17/22
EA $105.9400
Extended Description: Holster, Level III Retention, Clarino Black, RH Glock 17/22 , P/N:ZW048 CRH 83/6360-83-91, "Safariland"
Manufacturer: SAFARILAND
Mfr Part No.: 6360-83-91
65 461815 Holster, Level III Retention, Clarino
Black,
LH Glock 17/22
EA $105.9400
Extended Description: Holster, Level III Retention, Clarino Black, LH Glock 17/22, P/N:ZW048 CLH 83/6360-83-92, "Safariland"
Manufacturer: SAFARILAND
Mfr Part No.: 6360-83-92
66 461815 Holster, Level III Retention, Clarino
Black,
RH Glock 17/22
EA $105.9400
Extended Description: Holster, Level III Retention, Clarino Black, RH Glock 17/22, P/N:ZW807 CRH 83/6365-83-91, "Safariland"
Manufacturer: SAFARILAND
Mfr Part No.: 6365-83-91
67 461815 Holster, Level III Retention, Clarino
Black,
LH Glock 17/22
EA $105.9400
Extended Description: Holster, Level III Retention, Clarino Black, LH Glock 17/22, P/N:ZW807 CLH 83/6365-83-92, "Safariland"
Manufacturer: SAFARILAND
Mfr Part No.: 6365-83-92
68 461815 Radio Holder, Clarino , P/N:CL-A588-
BP-LAPD, "Aker"
EA $51.1900
Extended Description: Radio Holder, Clarino , P/N:CL-A588-BP-LAPD, "Aker" Manufacturer: AKER
69 461815 Point Blank International with
WARSOC
Buckles, Carrier
EA $338.0000
Extended Description: Point Blank International with WARSOC Buckles, Carrier, P/N: IHCMOOBVOJ GALLS P/N: BL783
Manufacturer: POINT BLANK
Mfr Part No.: IHCMOOBVOJ
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Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 70 461815 Point Blank International with Velcro,
Carrier Only
EA $198.0000
Extended Description: Point Blank International with Velcro, Carrier Only, P/N: IN1MOOBVOJ GALLS P/N: BP1004
Manufacturer: POINT BLANK
Mfr Part No.: IN1MOOBVOJ
71 461815 Point Blank AXBIIIA Concealable
Panels Only, No Carrier
EA $619.0000
Extended Description: Point Blank AXBIIIA Concealable Panels Only, No Carrier, P/N: MC1ABDBSOH GALLS P/N: BP1432
Manufacturer: POINT BLANK
Mfr Part No.: MC1ABDBSOH
72 461815 Point Blank International Collar with
AXBIIIA Ballistics
EA $55.0000
Extended Description: Point Blank International Collar with AXBIIIA Ballistics, P/N: C01ABDCSOJ GALLS P/N: BP2598
Manufacturer: POINT BLANK
Mfr Part No.: C01ABDCSOJ
73 461815 Point Blank International Throat with
AXBIIIA Ballistics
EA $57.0000
Extended Description: Point Blank International Throat with AXBIIIA Ballistics, P/N: TP1ABDCSOJ GALLS P/N: BP2599
Manufacturer: POINT BLANK
Mfr Part No.: TP1ABDCSOJ
74 461815 Point Blank International Cummerbund
with AXBIIIA Ballistics
EA $231.0000
Extended Description: Point Blank International Cummerbund with AXBIIIA Ballistics, P/N: IHCMADSWOH GALLS P/N: BP2603
Manufacturer: POINT BLANK
Mfr Part No.: IHCMADSWOH
75 461815 Point Blank International Biceps with
AXBIIIA Ballistics
EA $332.0000
Extended Description: Point Blank International Biceps with AXBIIIA Ballistics, Set of 2, P/N: BI1ABDCSOJ GALLS P/N: BP2601
Manufacturer: POINT BLANK
Mfr Part No.: BI1ABDCSOJ
76 461815 Point Blank International Groin with
AXBIIIA Ballistics
EA $186.0000
Extended Description: Point Blank International Groin with AXBIIIA Ballistics, P/N: GP1ABDCSOJ GALLS P/N: BP2602
Manufacturer: POINT BLANK
Mfr Part No.: GP1ABDCSOJ
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Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 77 461815 Point Blank International Trapezius
with AXBIIIA Ballistics
EA $203.0000
Extended Description: Point Blank International Trapezius with AXBIIIA Ballistics, Set of 2, P/N: PA2ABDBSOJ GALLS P/N: BP2600
Manufacturer: POINT BLANK
Mfr Part No.: PA2ABDBSOJ
78 461815 Point Blank Five-Pouch Bundle for
Outer Carrier Attachment
EA $131.0000
Extended Description: Point Blank Five-Pouch Bundle of Pouches for Attachment to Outer Carrier, LAPD KIT POUCHES GALLS P/N: BP2604
Manufacturer: POINT BLANK
Mfr Part No.: LAPD KIT POUCHES
79 461815 Point Blank OMEGA Plate 7" x 9" EA $297.9500
Extended Description: Point Blank OMEGA Plate 7" x 9", P/N: PLT018ECRN GALLS P/N: BP1481
Manufacturer: POINT BLANK
Mfr Part No.: PLT018ECRN
80 461815 Point Blank OMEGA Plate 10" x 12" EA $511.9500 Extended Description: Point Blank OMEGA Plate 1 0" x 12", P/N: PLT020ECSN GALLS P/N: BP1442
Manufacturer: POINT BLANK
Mfr Part No.: PLT020ECSN
81 461815 Holster, Model 6360, Smith & Wesson,
RH,
P/N: 6360-2192-61
EA $105.9400
Extended Description: Holster, Model 6360, Level III Retention, Plain, Black, RH, Smith & Wesson, P/N: 6360-2192-61, Safariland
GALLS P/N: LP415 PRH 2192
Manufacturer: SAFARILAND
Mfr Part No.: 6360-2192-61
82 461815 Holster, Model 6360, Smith & Wesson,
LH,
P/N: 6360-2192-62
EA $105.9400
Extended Description: Holster, Model 6360, Level III Retention, Plain, Black, LH, Smith & Wesson, P/N: 6360-2192-62, Safariland
GALLS P/N: LP415 PLH 2192
Manufacturer: SAFARILAND
Mfr Part No.: 6360-2192-62
83 461815 Radio Holder, for Motorola XTS5000
Radio,
Plain, Black
EA $40.0800
Extended Description: Radio Holder, for Motorola XTS5000 radio, Plain, Black, P/N: Z588-BP-LAPD, Aker GALLS P/N: LR853L
Manufacturer: AKER
Mfr Part No.: Z588-BP-LAPD
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Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 84 461815 Key Holder, Silent, Accumold Elite
7916, Clarino Black
EA $20.1400
Extended Description: Key Holder, Silent, Accumold Elite 7916, Clarino Black, P/N: 22319, Bianchi GALLS P/N: NP360 BLK CL
Manufacturer: BIANCHI
Mfr Part No.: 22319
85 461815 Baton Ring, Accumold Elite 7904,
Clarino Black
EA $7.6200
Extended Description: Baton Ring, Accumold Elite 7904, Clarino Black, P/N: 22304, Bianchi GALLS P/N: ZN613 HG
Manufacturer: BIANCHI
Mfr Part No.: 22304
86 461815030229 HOOD,SPIT SOCK,TRANZPORT
HOOD,SAFARILAND 8320-0-2C,NO
SUBS
PK $31.4200
Extended Description: HOOD,SPIT SOCK,TRANZPORT HOOD,SAFARILAND 8320-0-2C,NO SUBSTITUTIONS Manufacturer: SAFARILAND
Mfr Part No.: 8320-0-2C
Authorized By
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Annual Requirements Contract Clauses, Terms, and Conditions Line Item Provisions
Clauses and Comments on PDF
Document Provisions
Section intentionally left blank.

Supporting Documents
Section intentionally left blank.

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INTENTIONALLY LEFT BLANK TO ADD CLAUSES AND COMMENTS.

Document ID Document Phase Document Description Page
14 59463 Final Police Equipment, Supplies, & Accessories of 14 Redlands Regular Meeting of 04/18/2023
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March 30, 2023

Galls Inc.
2700 Junipero Ave
Long Beach, CA 90806

SUBJECT: CITY OF LOS ANGELES SUPPLY CONTRACT 59463 – AMENDMENT 36

POLICE EQUIPMENT, SUPPLIES & ACCESSORIES

The subject contract is hereby extended until 10/31/2023.

All other contract terms and conditions remain unchanged and in force. Questions regarding this contract modification should be addressed to Marissa Rodriguez, Procurement Analyst, at 213- 978-4658, or via e-mail to [email protected].

Tony M. Royster Approved as to Form
General Manager and Hydee Feldstein Soto
City Purchasing Agent City Attorney

By: _____________________ By: _____________________ Supply Services Manager Kimberly D. Miera
Deputy City Attorney
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City Council Meeting I. 12.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve an agreement with Watson Furniture Group for the Emergency Operations Center office reconfiguration in the amount of $115,623.87 (Interim Police Chief Tolber)
MOTION(S):

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

I move to approve an agreement with Watson Furniture Group for the Emergency Operations Center office reconfiguration in the amount of $115,623.87.

RECOMMENDATION:

Staff recommends that the City Council approve an agreement with Watson Furniture Group for the Emergency Operations Center office reconfiguration in the amount of $115,623.87.

DISCUSSION:

Redlands Police Department staff were moved into the Emergency Operations Center (EOC) in 2009 when the prior police building at 212 Brookside Avenue, in Redlands, was deemed condemned. Since 2009, the EOC has functioned as both a police department, primary contact location for the public, and as the City's Emergency Operations Center in the event the EOC is activated. When there is an EOC activation, police employees continue to conduct police business while co-existing in the building with 20-50 other city department employees. The EOC's furniture layout is not conducive to the current needs of PD staff. The furniture is outdated and broken. There is a lack of storage that has forced the police department to purchase multiple land-sea containers.

Additionally, the police department's administration has worked closely with the fire department's administration to ensure the new furniture configuration is Redlands Regular Meeting of 04/18/2023
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fire department's administration to ensure the new furniture configuration is conducive to an EOC activation's needs.

In lieu of conducting a formal bidding process for an office furniture purchase, the police department consulted with several vendors and agencies to determine if a piggy-backing opportunity was available. Cooperative Purchasing Master Agreement No. 00318 became effective on January 1, 2022. Both the police and fire department staff evaluated the design and layout options to determine the best use of space. The new design provides a cost effective solution for a more functional work space, provides the necessary amount of workstations as well as much needed storage throughout the perimeter of the multi-purpose room.

ALTERNATIVES:

Do not approve the agreement with Watson Furniture Group for the Emergency Operations Center office reconfiguration in the amount of $115,623.87.

STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

Rachel Tolber, Interim Police Chief
RECOMMENDED BY:

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

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

Shayna Walker, Operations Manager
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Fiscal Impact
Fiscal Year: 2022-23
Revenue Generating: N/A
Appropriation Required Y/N: N
Amount: $115,623.87
Budgeted Y/N: Y
Account No.: 101202-8501
Discussion:

No fiscal impact.

Attachments
Cooperative Purchasing Master Agreement No. 00318
NASPO Master Agreement 00318
Watson FG Quote
NASPO Contract Overview 00318
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COOPERATIVE PURCHASING MASTER AGREEMENT
NO. 00318

PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS

For Use by Eligible Purchasing Entities

By and Between

S

TATE OF WASHINGTON

DEPARTMENT OF ENTERPRISE SERVICES

and

W
ATSON FURNITURE GROUP, INC.

Dated January 1, 2022

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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 1 (Rev. 2020-03-11)

COOPERATIVE PURCHASING MASTER AGREEMENT
NO. 00318

PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS FOR

CATEGORY 10 DISPATCH CONSOLE FURNITURE

This Cooperative Purchasing Master Agreement (“Cooperative Purchasing Master Agreement”) is made and entered into by and between Enterprise Services acting by and through the State of Washington (“Enterprise Services”) and Watson Furniture Group, Inc. a Washington corporation (“Contractor”) and is dated and effective as of January 1, 2022.

R E C I T A L S
A. Pursuant to Legislative authorization, Enterprise Services, on behalf of the State of Washington, is authorized to develop, solicit, and establish Cooperative Purchasing Master Agreements for goods and services to support Washington state agencies . See RCW 39.26.050(1). The Washington State Legislature has authorized Enterprise Services to make these Cooperative Purchasing Master Agreement s available, pursuant to agreement in which Enterprise Services ensures full cost recovery, to other local or federal government agency or entity, public benefit nonprofit organizations, or any tribes located in the State of Washington. See RCW 39.26.050(1) & (2).

B. The Washington State Legislature also has authorized Enterprise Services to participate in, sponsor, conduct, or administer certain cooperative p urchasing agreements for the procurement of goods or services. See RCW 39.26.060(1). One of the approaches that Enterprise Services utilizes to participate in cooperative purchasing agreements with other states is NASPO ValuePoint.

C. NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, is a nonprofit subsidiary of the National Association of State Procurement Officials (NASPO).

The NASPO ValuePoint purchasing cooperative program is led by state procurement officers from membe r states. NASPO ValuePoint does not award contracts; rather, it assists states, for an administrative fee, in their collaboration pertaining to solicitations and the resulting master agreements.

D. Pursuant to the NASPO ValuePoint cooperative purchasing model, a state serves as the ‘lead state’ to conduct a competitive procurement in compliance with that state’s procurement laws and award a cooperative purchasing master agreement with a contractor for the specified goods or services. States (including the District of Columbia and the organized territories of the United States), including the lead state, then may participate in that cooperative purchasing master agreement by executing a Participating Addendum. Until a Participating Addendum is executed by the applicable state (a ‘participating entity’), no agency or other eligible organization (a ‘purchasing entity’) may purchase pursuant to the cooperative purchasing master agreement. Under Washington law, at the time of solicitat ion, states may provide supplemental substantive terms and conditions to inform the competitive procurement. In addition, pursuant to their Participating Addendum, states may require certain administrative terms and conditions Redlands Regular Meeting of 04/18/2023
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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 2 (Rev. 2020-03-11)
(e.g., a vendor management f ee for sales within the state, state registration and reporting). Contractor, however, has no obligation to condition execution of a Participating Addendum on substantive terms and conditions that were not competitively procured.

E. Enterprise Services, as part of a cooperative purchasing competitive governmental procurement, with administrative support from NASPO ValuePoint, issued Competitive Solicitation No. 00318 dated November 16, 2020 regarding Public Safety Communications Products, Services and Solutions (“Public Safety Radio”). Sixteen (16) states indicated an intent to utilize the resulting Cooperative Purchasing Master Agreement.

F. Enterprise Services and a stakeholder team consisting of representatives from Washington, California, Alaska, Oregon, Mo ntana, Tennessee, Colorado and Nevada evaluated all responsive bids to the Competitive Solicitation and identified Contractor as an Apparent Successful Bidder for the Category identified above.

G. Enterprise Services determined that entering into this Cooperative Purchasing Master Agreement will meet the cooperative purchasing needs and be in the best interest of the State of Washington.

H. The purpose of this Cooperative Purchasing Master Agreement is to enable Participating or Purchasing Entities to purchase Public Safety Radio products and services, in the awarded Category as set forth herein.

A G R E E M E N T
N
OW THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the parties hereto hereby agree as follows:

1. TERM. The term of this Master Agreement begins Januar y 1, 2022 and ends on December 31, 2026; provided, however that, the contract term shall be extended for twenty -four (24) months if, in Enterprise Services’ sole, reasonable judgement, which shall occur no later than June 30, 2025, Contractor meets the following performance metrics:
 Reports: Contractor provides timely and accurate reports as detailed in this Master Agreement and Participating Addendums; and
 Administrative Fee Payments: Contractor provides timely and accurate Administrative Fee payments as detailed in this Master Agreement and Participating Addendums.

Notwithstanding any provision to the contrary, to effectuate a smooth transition for Participating States and Purchasing Entities for Public Safety Communications Products, Services and Solutions to begin on Januar y 1, 202 2, Contractor shall provide implementation and transition support to Participating States who wish to utilize the Master Agreement, beginning upon the date such Participating State and Contractor executes a Participating Addendum. For the avoidance of doubt, no orders for products or services shall be made under this Agreement prior to January 1, 2022.

2. P
ARTICIPANTS AND SCOPE. This Cooperative Purchasing Master Agreement may be utilized under the following conditions:

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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 3 (Rev. 2020-03-11)

2.1. PARTICIPATING ENTITIES. Contractor may not sell Public Safety Radio products and services under this Cooperative Purchasing Master Agreement until a Participating Addendum acceptable to the Participating Entity and Contractor is executed. The terms and conditions set forth in the Cooperative Purchasing Master Agreement are applicable to any Order by a Participating Entity (and other Purchasing Entities covered by their Participating Addendum), except to the extent altered, modified, supplemented, or amended by a Participating Addendum; Provided, however, that no Participating Addendum shall operate to alter or modify any substantive terms of this Cooperative Purchasing Master Agreement which were solicited and procured pursuant to a competitive procurement . By way of illustration and not limitation, Participating Entities may include unique administrative, delivery , and invoicing requirements, as well as entity -specific confidentiality requirements and similar entity - specific administrative requirements in purchase Orders utilizing this Cooperative Purchasing Master Agreement.

2.2. PURCHASING ENTITIES. Purchasing Entity means a state (as well as the District of Columbia and U.S territories), city, county, district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues a Purchase Order or other commitment document against the Cooperative Purchasing Master Agreement and becomes financially committed to the purchase.

2.3. P
ARTICIPATING ADDENDUM. Obligations under this Cooperative Purchasing Master Agreement are limited to those Participating Entities who have signed a Participating Addendum and Purchasing Entities within the scope of those Participating Addenda. States or other entities permitted to participate may use an informal competitive or other process to determine which Cooperative Purchasing Master Agreements to participate in through execution of a Participating Addendum. Financial obligations of Participating Entities who are states are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating Entities who are states incur no financial obligations on behalf of other Purchasing Entities. Contractor shall email a fully executed PDF copy of each Participating Addendum as instructed by the Lead State to support documentation of participation and posting in appropriate databases.

2.4. P
URCHASING ENTITY RIGHTS. Except to the extent modified by a Participating Addendum, each Purchasing Entity shall follow the terms and conditions of the Cooperative Purchasing Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Cooperative Purchasing Master Agreement, including but not limited to, any indemnity or right to recover any costs as such right is defined in the Cooperative Purchasing Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. Contractor will apply the charges and invoice each Participating Entity individually.

2.5. P
ARTICIPATING ADDENDUM APPROVAL. Participating Entities who are not states may under some circumstances sign their own Participating Addendum, subject to the approval of participation by the Chief Procurement Official of the state where the Participating Entity is located.

Coordinate requests for such participation through NASPO ValuePoint. Any permission to participate through execution of a Participating Addendum is not a determination that procurement authority exists in the Participating Entity; they must ensure that they have the requisite procurement authority to execute a Participating Addendum.

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3. SCOPE – INCLUDED GOODS/SERVICES AND PRICE.

3.1. CONTRACT SCOPE. Pursuant to this Cooperative Purchasing Master Agreement, Contractor is authorized to sell only those Public Safety Radio Products and Services in the category above posted on the NASPO ValuePoint website. Contractor shall not represent to any Participating or Purchasing Entity under this Cooperative Purchasing Master Agreement that Contractor has contractual authority to sell any Public Safety Radio Products beyond those approved and posted on the NASPO ValuePoint website.

3.2. MINIMUM WARRANTY FOR INCLUDED GOODS/SERVICES. Notwithstanding any provision to the contrary, Contractor agrees to and is providing a minimum warranty of no less than one (1) year for any goods/services included in this Cooperative Purchasing Master Agreement. Such minimum warranty begins when the goods/services are accepted by Purchasing Entity or as agreed by Purchasing Entity in its ordering documentation. Such minimum warranty includes all firmware and software updates within warranty period. Parts and related software will be free from defects in material and workmanship for one (1) year. If a product fails because of a defect in workmanship or materials within one (1) year from the date of acceptance by Purchasing Entity, manufacture shall repair or replace the product or part with a new product or part without charge to Purchasing Entity.

3.3. ADDITIONAL WARRANTY OPTIONS – See Watson Furniture Group P roducts/Services Pricing Document on the NASPO ValuePoint website for descriptions and pricing for all available warranty options.

3.4. AVAILABLE SERVICES – See Watson Furniture Group Products/Services Pricing Document on the NASPO ValuePoint website for descriptions and pricing for all available services.

3.5. ABILITY TO MODIFY SCOPE OF COOPERATIVE PURCHASING MASTER AGREEMENT. Subject to mutual agreement between the parties, Enterprise Services, acting as the lead state, reserves the right to modify the Public Safety Radio Products included in this Cooperative Purchasing Master Agreement; Provided, however, that any such modification shall be effective only upon thirty (30) days advance written notice; and Provided further, that any such modification must be within the scope of this competitively procured Cooperative Purchasing Master Agreement. In no event shall such modification, if authorized by Enterprise Services, limit the requirement for cooperative purchasing agreements to be subject to competitive procurement.

3.6. P
RODUCT UPDATES. Upon approval, Contractor may update their pr oducts/pricelist on a semi- annual basis. Contractor must submit to the Lead Contract Administrator a revised product/pricelist highlighting changes and include an effective date of the change. At no time during the contract term shall products be deleted from the products/pricelist. Discontinued products/services must be struck -through and highlighted for eas e of review process.

Product/pricelist updates must be submitted for review and approval to the Lead Contract Administrator thirty (30) days prior to the effective date of the change. All products/pricelist will be posted on the NASPO ValuePoint website.

Product updates for January 1st through June 30th must be submitted to Lead State Contract Administrator by June 1st to be eligible for product updates effective July 1st. Product updates for July 1st through December 31st must be submitted to the Lead State Contract Administrator by December 1st to be eligible for product updates effective January 1 st. Additional product updates may be considered for approval with proper 30 day notice at the discretion of the Lead State.

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Semi-Annual Submitted By Effective Date
January 1-June 30 June 1st July 1st
July 1-December 31 December 1st January 1st

3.7. ECONOMIC ADJUSTMENTS. All pricing must be guaranteed for the first year of the Cooperative Purchasing Master Agreement. Following the guarantee period, any request for price increases must be for an equal guarantee period (1 year), and must be submitted to the Lead State at least thirty (30) calendar days prior to the effective date. The Lead State will re view a documented request for an MSRP price list increase only after the Price Guarantee Period.

Requests for price increases must include sufficient documentation supporting the request and demonstrating the reasonableness of the adjustment when comparing the current price list to the proposed price list. Documentation may include: the manufacturer’s national price increase announcement letter, a complete and detailed description of what products are increasing and by what percentage, a complete and detai led description of what raw materials and/or other costs have increased and provide proof of increase, index data and other information to support and justify the increase. The price increase must not produce a higher profit margin than the original contract, and must be accompanied by sufficient documentation and nationwide notice of price adjustment to the published manufacturer’s price list. No retroactive price increases will be allowed.

Price Reductions. In the event of a price decrease in any categor y of product at any time during the contract in an OEM’s published manufacturer’s price list, including renewal options, the Lead State shall be notified immediately. All published manufacturer’s price list price reductions shall be effective upon the notification provided to the Lead State.

Enterprise Services reserves the right to request clarification and justification for requested Economic Adjustments.

Economic Price Adjustment requests for January 1st through June 30 th must be submitted to
Lead State Contract Administrator by June 1st to be eligible for product updates effective July 1st. Product updates for July 1 st through December 31st must be submitted to the Lead State Contract Administrator by December 1st to be eligible for product updates eff ective January 1st.

Semi-Annual Submitted By Effective Date
January 1-June 30 June 1st July 1st
July 1-December 31 December 1st January 1st

3.8. PRICE CEILING. Although Contractor may offer lower prices , including volume discounts, to Purchasing Entity, during the term of this Cooperative Purchasing Master Agreement, Contractor guarantees to provide the Goods/Services at no greater than the prices set forth approved and posted on the NASPO ValuePoint website.

3.9. C
OOPERATIVE PURCHASING MASTER AGREEMENT INFORMATION. Enterprise Services shall maintain and provide information regarding this Cooperative Purchasing Master Agreement, including scope and pricing, to eligible Purchasing Entity.

3.10. CONTRACTOR RESPONSIBILITIES. Contractor shall be responsible for successful performance of the Cooperative Purchasing Master Agreement and also for the successful performance of any Redlands Regular Meeting of 04/18/2023
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and all of their partners. Contractor is to be the sole point of contact as applicable by Cooperative Purchasing Master Agreement with regard to contractual matters, payment of any and all charges resulting from the purchase of the products and maintenance of the product for the term of the Cooperative Purchasing Master Agreement unless otherwise specified by a Participating State in a Participating Addendum and/or the Cooperative Purchasing Master Agreement. Contractor must be able to receive, process, and invoice orders unless the Participating State has agreed to assign these functions to a partner.

Contractor will be responsible for compliance with requirements under the Cooperative Purchasing Master Agreement, even if requirements are delegated to partners. Contractor and partners must not in any way represent themselves in the name of the Lead State, NASPO ValuePoint or Participating States.

4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following representations and warranties as of the effective date of this Cooperative Purchasing Master Agreement and at the time any order is placed pursuant to this Cooperative Purchasing Master Agreement. If, at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall, within three (3) business days notify Enterprise Services, in writing, of such breach.

4.1. QUALIFIED TO DO BUSINESS. Contractor represents and warrants that it is in good standing and qualified to do business in the State of Washington, that it is registered with the Washington State Department of Revenue and the Washington Secretary of State, that it possesses and shall keep current all required licenses and/or approvals , and that it is current , in full compliance, and has paid all applicable taxes owed to the State of Was hington. Contractor further represents and warrants that , within fifteen (15) days of executing any Participating Addendum and prior to making any sales pursuant to such Participating Addendum, Contractor shall be in good standing and qualified to do business in such state and that Contractor properly shall have registered to do business in such state, shall possess and shall keep current all required licenses and/or approvals, and that it shall be current, in full compliance, and have paid all applicable taxes owed to such state.

4.2. S
USPENSION & DEBARMENT. Contractor represents and warrants that neither it nor its principals or affiliates presently are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any governmental contract by any governmental department or agency within the United States.

4.3. Q
UALITY OF GOODS OR SERVICES. Contractor represents and warrants that any goods and/or services sold pursuant to this Cooperative Purchasing Master Agreement shall be merchantable, shall conform to this Cooperative Purchasing Master Agreement and Purchasing Entity’s Purchase Order, shall be fit and safe for the intended purposes, shall be free from defects in materials and workmanship, and shall be produced and delivered in full compliance with applicable law. Contractor further represents and warrants it has clear title to the goods and that the same shall be delivered and the services provided free of liens and encumbrances and that the same do not infringe any third party patent . Upon breach of warranty, Contractor will repair or replace (at no charge to Purchasing Entity) any goods and/or services whose nonconformance is discovered and made known to the Contractor. If, in Purchasing Entity’s judgment, repair or replacement is inadequate, or fails of its essential purpose, Contractor will refund the full amount of any payments that have been m ade. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual Redlands Regular Meeting of 04/18/2023
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damages, and, as applicable and awarded under the law, to a pr evailing party, reasonable attorneys’ fees and costs.

4.4. WAGE VIOLATIONS. Contractor represents and warrants that , during the term of this Cooperative Purchasing Master Agreement and the three (3) year period immediately preceding the award of the Cooperative Purchasing Master Agreement, it is not determined, by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction, to be in willful violation of any provision of Washington state wage laws set forth in RCW chapters 49.46, 49.48, or 49.52.

4.5. PAY EQUALITY. Contractor represents and warrants that, among its workers, similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. Contractor may allow differentials in compensation for its workers based in good faith on an y of the following: a seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job -related factor or factors; or a bona fide regional difference in compensation levels. A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: consistent with business necessity; not based on or derived from a gender- based differential; and accounts for the entire differential. A bona fide regional difference in compensation level must be consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. Notwithstanding any provision to the contrary, upon breach of warranty and Contractor’s failure to provide satisfactory evidence of compliance within thirty (30) days, Enterprise Services may suspend or terminate this Cooperative Purchasing Master Agreement and any Purchasing Entity hereunder similarly may suspend or terminate its use of the Cooperative Purchasing Master Agreement and/or any agreement entered into pursuant to this Cooperative Purchasing Master Agreement.

4.6. EXECUTIVE ORDER 18-03 – WORKERS’ RIGHTS. Contractor represents and warrants, as previously certified in Contractor’s Bidder ’s Certification, that Contractor does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. Contractor further represents and warrants that, during the term of this Cooperative Purchasing Master Agreement, Contractor shall not, as a condition of employment, require its employees to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

4.7. PROCUREMENT ETHICS & PROHIBITION ON GIFTS. Contractor represents and warrants that it complies fully with all applicable procurement ethics restrictions including, but not limited to, restrictions against Contractor providing gifts or anything of economic value , directly or indirectly, to Purchasing Entity’s employees.

4.8. WASHINGTON’S ELECTRONIC BUSINESS SOLUTION (WEBS). Contractor represents and warrants that it is registered in Washington’s Electronic Business Solution (WEBS), Washington’s contract registration system and that, all of its information therein is current and accurate and that throughout the term of this Cooperative Purchasing Master Agreement , Contractor shall maintain an accurate profile in WEBS.

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4.9. STATEWIDE PAYEE DESK. Contractor represents and warrants that it is registered with the Washington Statewide Payee Desk, which registration is a condition to payment.

4.10. COOPERATIVE PURCHASING MASTER AGREEMENT PROMOTION; ADVERTISING AND ENDORSEMENT.

Contractor represents and warrants that it shall use commercially reasonable efforts both to promote and market the use of this Cooperative Purchasing Master Agreement with eligible Purchasing Entity and to en sure that those entities that utilize this Cooperative Purchasing Master Agreement are eligible Purchasing Entity. Contractor understands and acknowledges that neither Enterprise Services nor Purchasing Entity are endorsing Contractor’s goods and/or services or suggesting that such goods and/or services are the best or only solution to their needs. Accordingly, Contractor represents and warrants that it shall make no reference to Enterprise Services, any Purchasing Entity, or the State of Washington in any promotional material without the prior written consent of Enterprise Services.

4.11. COOPERATIVE PURCHASING MASTER AGREEMENT TRANSITION. Contractor represents and warrants that, in the event this Cooperative Purchasing Master Agreement or a similar contract, is transitioned to another contractor (e.g., Cooperative Purchasing Master Agreement expiration or termination) , Contractor shall use commercially reasonable efforts to assist Enterprise Services for a period of sixty (60) days to effectuate a smooth transition to another contractor to minimize disruption of service and/or costs to the State of Washington.

4.12. S
UB-CONTRACTORS, AUTHORIZED RESELLERS/DEALERS. MANUFACTURER’S REPRESENTATIVE (PARTNERS). If utilizing partners, Contractor is responsible for such partners providing products and services, as well as warranty and maintenance services for any product or solution such partners provide pursuant to this Cooperative Purchasing Master Agreement . Pursuant to their applicable Participating Addendum, each Participating Entity may allow or disallow Contractor to utilize Partners. Only partners approved by the Participating E ntity may be utilized. The Participating Entity will define the process to add and remove partners in their Participating Addendum.

5. U
SING THE COOPERATIVE PURCHASING MASTER AGREEMENT – PURCHASES.

5.1. ORDERING REQUIREMENTS. Eligible Purchasing Entity shall order goods and/or services from this Cooperative Purchasing Master Agreement, consistent with the terms hereof and by using any ordering mechanism agreeable both to Contractor and Purchasing Entity but, at a minimum, including the use of a purchase order. When practicable, Contractor and Purchasing Entity also shall use telephone orders, email orders, web-based orders, and similar procurement methods (collectively “ Purchasing Entity Order”). All o rder documents must reference the Cooperative Purchasing Master Agreement number. The terms of this Cooperative Purchasing Master Agreement shall apply to any Purchase Order and, in the event of any conflict, the terms of this Cooperative Purchasing Maste r Agreement shall prevail. Notwithstanding any provision to the contrary, in no event shall any ‘click - agreement,’ software or web -based application terms and conditions, or other agreement modify the terms and conditions of this Cooperative Purchasing Master Agreement. (a) All order documents must, at a minimum, reference
 The Cooperative Purchasing Master Agreement number;
 The place and requested time of delivery;
 A billing address;
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 The name, phone number, and address of the Participating Entity representative;
(b) All communications concerning administration of Orders placed shall be furnished solely to the authorized purchasing agent within the Participating Entity’s purchasing office, or to such other individual identified in writing in the Order.
(c) Orders must be placed pursuant to this Cooperative Purchasing Master Agreement prior to the termination date thereof, but may have a delivery date or performance period up to 120 days thereafter.
(d) Notwithstanding the expiration, cancellation or termination of this Cooperative Purchasing Master Agreement, Contractor agrees to perform in accordance with the terms of any Orders then outstanding at the time of such expiration or termination. Contractor shall not honor any Orders placed after the expiration, cancellation, or termination of this Cooperative Purchasing Master Agreement, or otherwise inconsistent with its terms. Orders from any separate indefinite quantity, task orders, or other form of indefinite delivery order arrangement priced against this Cooperative Purchasing Master Agreement may not be placed after the expiration or termination of this Cooperative Purchasing Master Agreement, notwithstanding the term of any such indefinite delivery order agreement.

5.2. D
ELIVERY REQUIREMENTS. Contractor must ensure that delivery of goods and/or services will be made as required by this Cooperative Purchasing Master Agreement, the Purchase Order used by Purchasing Entity, or as otherwise mutually agreed in writing between the Purchasing Entity and Contractor. The following apply to all deliveries:
(a) Contractor shall make all deliveries to the applicable delivery location specified in the Purchase Order. Such deliveries shall occur during Purchasing Entity’s normal work hours and within the time period mutually agreed in writing between Purchasing Entity and Contractor at the time of order placement. Deliveries to be off -loaded at Purchasing Entity’s receiving dock or designated job site by Contractor.
(b) Contractor shall ship all goods purchased pursuant to this Master Agreement to Purchasing Entity’s specified destination. Shipping charges must be mutually agreed to between Purchasing Entity and Contractor, and shall be added as a separate line item on the Contractor’s invoice. Contractor shall bear all risk of loss, damage, or destruction of the goods ordered hereunder that occurs prior to delivery, except loss or damage attributabl e to Purchasing Entity’s fault or negligence. Ownership transfers to the Purchasing Entity upon delivery. (c) All products must be delivered in the manufacturer’s standard package. Costs shall include all packing and/or crating charges. Cases shall be of durab le construction, good condition, properly labeled and suitable in every respect for storage and handling of contents. Each shipping carton shall be marked with the commodity, brand, quantity, item code number and the Purchasing Entity’s Purchase Order number.

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(d) All packing lists, packages, instruction manuals, correspondence, shipping notices, shipping containers, and other written materials associated with this Cooperative Purchasing Master Agreement shall be identified by the Cooperative Purchasing Master Agreement number set forth on the cover of this Cooperative Purchasing Master Agreement and the applicable Purchase Order number. Packing lists shall be enclosed with each shipment and clearly identify all contents and any backorders.
(e) Purchasing Entities may return unopened or unused (non -specialty or customized) Public Safety Radio products within ten (10) business days of receipt for full credit, minus any freight or restocking fee. In such event, Contractor is responsible for shipping costs pertaining to any defective Public Safety Radio Products that are returned.

5.3. R
ECEIPT AND INSPECTION OF GOODS AND/OR SERVICES. Goods and/or services purchased under this Cooperative Purchasing Master Agreement are subject to Purchasing Entity ’s reasonable inspection, testing, and approval at Purchasing Entity ’s destination. Such inspection and approval shall be determined within thirty (30) days of delivery. Purchasing Entity reserves the right to reject and refuse acceptance of goods and/or services that are not in accordance with this Cooperative Purchasing Master Agreement and Purchasing Entity’s Purchase Order.

If there are any apparent defects in the goods and/or services at the time of delivery, Purchasing Entity will notify Contractor within five (5) business days. At Purchasing Entity ’s option, and without limiting any other rights, Purchasing Entity may require Contractor to, consistent with the warranty terms, repair or replace, at Contractor’s expense, any or all of the damaged goods and/or services or, at Purchasing Entity ’s option, Purchasing Entity may note any damage to the goods and/or services on the receiving report, decline acceptance, and deduct the cost of rejected goods and/or services from final payment. Payment for any goods under such Purchase Order shall not be deemed acceptance of the goods. (a) Contractor shall provide right of access to the Lead State, or to any other authorized agent or official of the Lead State or other Participating or Purchasing Entity, at reasonable times, in order to monitor and evaluate performance, compliance, and/or qu ality assurance requirements under this Cooperative Purchasing Master Agreement. Products that do not meet specifications may be rejected as mutually agreed between Purchasing Entity and Contractor. Failure to reject upon receipt, however, does not relieve Contractor of liability for material (nonconformity that substantial ly impairs value) latent or hidden defects subsequently revealed when the Public Safety Radio Products are put to use.

Acceptance of such Public Safety Radio Products may be revoked in accordance with the provisions of the applicable commercial code, and Contractor shall be liable for any resulting expense incurred by the Purchasing Entity related to the preparation and shipping of any Public Safety Radio Products rejected and returned, or for which Acceptance is revoked.
(b) If any Public Safety Radio Products do not conform to the specifications, the Purchasing Entity may require the Contractor to repair or replace the Public Safety Radio Product in conformity with the specifications.

5.4. O
N SITE REQUIREMENTS. While on Purchasing Entity ’s premises, Contractor, its agents, employees, or subcontractors shall comply, in all respects, with Purchasing Entity’s physical, fire, access, safety, and other security requirements.

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5.5. INSTALLATION. Installation shall be performed by Contractor or Sub -Contractor, in a professional manner in accordance with industry standard best practices. The premises shall be left in a neat, clean, and undamaged condition. Purchasing Entity reserves the right to require Contractor or Sub -Contractor to repair any damage caused during installation or provide full compensation as determined by Purchasing Entity.

5.6. CONFIDENTIALITY; SAFEGUARDING OF INFORMATION. Contractor shall not use or disclose any information concerning Enterprise Services/the State of Washington or Purchasing Entity’s information which may be classified as confidential, for any purpose not directly connected with the administration of this Cooperative Purchasing Master Agreement, except with prior written cons ent of Enterprise Services (or the applicable Purchasing Entity) , or as may be required by law.

5.7. T
REATMENT OF ASSETS. Title to all property furnished by any Participating State and/or Purchasing Entity shall remain with such Participating State and/or Purchasing Entity , as applicable. Any property of any Participating State and/or Purchasing Entity furnished to Contractor shall, unless otherwise provided herein or approved by such Participating State and/or Purchasing Entity, be used only for t he performance of this Cooperative Purchasing Master Agreement. Contractor shall be responsible for damages as a result of any loss or damage to property of any Participating State and/or Purchasing Entity to the extent it results from the negligence of Co ntractor or to the extent it results from the failure on the part of Contractor to maintain, administer and protect that property in a reasonable manner and to the extent practicable in all instances. If any such Participating State and/or Purchasing Entity property is lost, destroyed, or damaged, Contractor immediately shall notify such Participating State and/or Purchasing Entity and shall take all reasonable steps to protect the property from further damage. Contractor shall surrender to such Participating State and/or Purchasing Entity all property of such Participating State and/or Purchasing Entity prior to settlement upon completion, termination, or cancellation of this Cooperative Purchasing Master Agreement . Title to all property furnished by Con tractor, the cost for which the Contractor is entitled to be reimbursed as a direct item of cost under this Contract, shall pass to and vest in the Purchasing Entity upon delivery of such property by Contractor to the Purchasing Entity. Title to other pro perty, the cost of which is reimbursable to Contractor under this Contract, shall pass to and vest in the Purchasing Entity upon (i) issuance for use of such property in the performance of this Contract, or (ii) commencement of use of such property in the performance of this Contract, or (iii) reimbursement of the cost thereof by the Purchasing Entity in whole or in part, whichever first occurs. All reference to Contractor under this clause shall also include Contractor's employees, agents or subcontra ctors. Title to software shall not pass to Purchasing Entity but shall be licensed. All reference to Contractor under this clause shall also include Contractor's employees, agents or subcontractors.

5.8. SOFTWARE LICENSE AGREEMENT. If the public safety communications equipment ordered and delivered under the term and conditions of this Cooperative Purchasing Master Agreement requires software or firmware to operate, Purchasing Entity and Contractor will mutually agree to Contractor’s Software License Agreement that will apply to such transactions. Contractor’s software license agreement shall not conflict with the terms and conditions of this Cooperative Purchasing Master Agreement or specific security requirements of Purchasing Entity.

5.9. S
UBSCRIPTION SERVICES AGREEMENT. If the public safety communications equipment ordered and delivered under the term and conditions of this Contract requires subscription services to operate, Purchasing Entity and Contractor will mutually agree to Contractor’s Software License Redlands Regular Meeting of 04/18/2023
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Agreement that will apply to such transactions. Contractor’s Subscription Services Agreement shall not conflict with the terms and conditions of this Master Agreement or the specific security requirements of Purchasing Entity.

6. INVOICING & PAYMENT.

6.1. CONTRACTOR INVOICE. Contractor shall submit to Purchasing Entity’s designated invoicing contact properly itemized invoices. Such invoices shall itemize the following:
 Cooperative Purchasing Master Agreement No. 00318
 Contractor name, address, telephone number, and email address for billing issues (i.e., Contractor Customer Service Representative)
 Contractor’s Federal Tax Identification Number
 Date(s) of delivery
 Applicable goods/services
 Invoice amount; and
 Payment terms, including any available prompt payment discounts.

Contractor’s invoices for payment shall reflect accurate Cooperative Purchasing Master Agreement prices, less discounts or lower negotiated costs. Invoices will not be processed for payment until receipt of a complete invoice as specified herein.

6.2. PAYMENT. Payment is the sole responsibility of, and will be made by, the Purchasing Entity .

Payment is due within thirty (3 0) days of invoice. I f Purchasing Entity fails to make timely payment(s), Contractor may invoice Purchasing Entity in the amount of one percent (1%) per month on the amount overdue or a minimum of $1. Payment will not be considered late if a check or warrant is mailed within the time specified.

6.3. O
VERPAYMENTS. Contractor promptly shall refund to Purchasing Entity the full amount of any erroneous payment or overpayment. Such refunds shall occur within thirty (30) days of written notice to Contractor; Provided, however, that Purchasing Entity shall have the right to elect to have either direct payments or written credit memos issued. If Contractor fails to make timely payment(s) or issuance of such credit memos, Purchasing Entity may impose a one percent (1%) per month on the amount overdue t hirty (30) days after notice to the Contractor.

6.4. NO ADVANCE PAYMENT. No advance payment shall be made for the products and services furnished by Contractor pursuant to this Cooperative Purchasing Mast er Agreement; Provided, however, that the parties agree that maintenance payments, if any, may be made on a quarterly basis at the beginning of each quarter.

6.5. NO ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or impose any additional charges including, but not limited to, charges for shipping, handling, or payment processing.

6.6. TAXES/FEES. Contractor promptly shall pay all applicable taxes on its operations and activities pertaining to this Cooperative Purchasing Master Agreement. Failure to do so shall constitute breach of this Cooperative Purchasing Master Agreement. Unless otherwise agreed, Purchasing Entity shall pay applicable sales tax imposed by the State of Washington on purchased goods and/or services. In regard to federal excise taxes, Contractor shall include Redlands Regular Meeting of 04/18/2023
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federal excise taxes only if, after thirty (30) calendar days written notice to Purchasing Entity, Purchase has not provided Contractor with a valid exemption certificate from such federal excise taxes.

7. CONTRACT MANAGEMENT.

7.1. CONTRACT ADMINISTRATION & NOTICES. Except for legal notices, the parties hereby designate the following contract administrators as the respective single point s of contact for purposes of this Cooperative Purchasing Master Agreement. Enterprise Services’ contract administrator shall provide Cooperative Purchasing Master Agreement oversight. Contractor’s contract administrator shall be Contractor’s principal contact for business activities under this Cooperative Purchasing Master Agreement . The parties may change contractor administrators by written notice as set forth below.

Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing:

Enterprise Services Watson Furniture Group, Inc.

Attn: Contract Administrator 00318
Washington Dept. of Enterprise Services
PO Box 41411
Olympia, WA 98504-1411
Tel: (360) 407-2218
Email: [email protected]
Attn: Quinte Andrae
26246 Twelve Trees Lane NW
Poulsbo, WA 98370
Tel: 360-394-1300
Email: [email protected]
Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon transmission to the designated email address of said addressee.

7.2. CONTRACTOR CUSTOMER SERVICE REPRESENTATIVE. Contractor shall designate a customer service representative (and inform Enterprise Services of the same) who shall be responsible for addressing Purchasing Entity issues pertaining to this Cooperative Purchasing Master Agreement.

7.3. LEGAL NOTICES. Any legal notices required or desired shall be in writing and delivered by U.S. certified mail, return receipt requested, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing:

Enterprise Services Watson Furniture Group, Inc.

Attn: Legal Services Manager
Washington Dept. of Enterprise Services
PO Box 41411
Olympia, WA 98504-1411
Email: [email protected]
Attn: Quint Andrae
26246 Twelve Trees, Lane NW
Poulsbo, WA 98370
Email: [email protected]
Notices shall be deemed effective upon the earlier of receipt when delivered, or, if mailed, upon return receipt, or, if emailed, upon transmission to the designated email address of said addressee.

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8. NASPO VALUEPOINT SUMMARY AND DETAILED USAGE REPORTS.

8.1. SUMMARY SALES DATA. Contractor shall submit quarterly sales reports directly to NASPO ValuePoint using the NASPO ValuePoint Quarterly Sales/Administrative Fee Reporting Tool found at http://www.naspo.org/WNCPO/Calculator.aspx. Any/all sales made under this Cooperative Purchasing Master Agreement shall be reported as cumulative totals by state.

Even if Contractor experiences zero sales during a calendar quarter, a report is still required.

Reports shall be due no later than thirty (30) days following the end of the calendar quarter (as specified in the reporting tool).

8.2. DETAILED SALES DATA. Contractor also shall report detailed sales data by: (1) state; (2) entity/customer type, e.g. local government, higher education, K12, non -profit; (3) Participating Entity name; (4) Participating Entity bill-to and ship- to locations; (4) Participating Entity and Contractor Purchase Order identifier/number(s); (5) Purchase Order Type (e.g. sales order, credit, return, upgrade, determined by industry practices); (6) Purchase Order date; (7) Ship Date; and (8) line item description, including product number if used. Reports are due on a quarterly basis and must be received by the Enterprise Services and NASPO ValuePoint Cooperative Development Team no later than thirty (30) days after the end of the reporting period. Reports shall be delivered to Enterprise Services and to the NASPO ValuePoint Cooperative Development Team el ectronically through a designated portal, email, CD-ROM, flash drive or other method as determined by Enterprise Services and NASPO ValuePoint. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Cooperative Purchasing Master Agreement.

8.3. NASPO
VALUEPOINT EXECUTIVE SUMMARY. Contractor shall provide the NASPO ValuePoint Cooperative Development Coordinator with an executive summary each quarter that includes, at a minimum, a list of states with an active Participating Addendum, states that Contractor is in negotiations with and any Participating Addendum roll out or implementation activities and issues. NASPO ValuePoint Cooperative Development Coordinator and Contractor will determine the format and content of the executive summary. The executive summary is due thirty (30) days after the conclusion of each calendar quarter.

8.4. R
EPORT OWNERSHIP. Timely submission of these reports is a material requirement of the Cooperative Purchasing Master Agreement. Enterprise Services and NASPO ValuePoint shall have a perpetual, irrevocable, non -exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section.

8.5. CONFIDENTIALITY OF DETAILED SALES DATA AND PARTICIPATING ADDENDA. Participating Addenda, as well as Orders or transaction data relating to Orders under this Cooperative Purchasing Master Agreement that identify the entity/customer, Order dates, line item descriptions and volumes, and prices/rates, shall be Confidential Information. Contractor shall hold Confidential Information in confidence and shall n ot transfer or otherwise disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than what is necessary to the performance of Orders placed under this Cooperative Purchasing Master Agreement. Co ntractor shall advise each of its employees and agents of their obligations to keep Confidential Information confidential. This provision does not apply to disclosure to the Lead State, a Participating State, or any governmental entity exercising an audit, inspection, or examination pursuant to this Cooperative Purchasing Master Agreement. To the extent permitted by law, Contractor shall notify the Lead State of the identity of any entity seeking access to the Confidential Information described in this subsection.

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9. NASPO VALUEPOINT COOPERATIVE PROGRAM MARKETING AND PERFORMANCE REVIEW

9.1. NASPO VALUEPOINT COOPERATIVE PROGRAM. Contractor agrees to work cooperatively with NASPO ValuePoint personnel. Contractor agrees to present plans to NASPO ValuePoint for the education of Contractor’s contract administrator(s) and sales/marketing workforce regarding the Cooperative Purchasing Master Agreement, including the competitive nature of NASPO V aluePoint procurements, the Cooperative Purchasing Master Agreement and Participating Addendum process, and the manner in which qualifying entities can participate in the Cooperative Purchasing Master Agreement.

9.2. L
OGOS. NASPO VALUEPOINT logos may not be used by Contractor in sales and marketing until a logo use agreement is executed with NASPO ValuePoint.

9.3. ANNUAL SUPPLIER BUSINESS REVIEW. Contractor agrees to participate in an annual supplier performance review at a location (virtual or in -person) selected by Enterprise Services and NASPO ValuePoint, which may include a discussion of marketing action plans, target strategies, marketing materials, as well as Contractor reporting and timeliness of payment of administration fees. The 2022 Annual Supplier Busine ss Review requires in -person attendance. Any subsequent Annual Supplier Business Review meetings may be attended virtually or in-person.

10. A
DMINISTRATIVE FEES.

10.1. CONTRACTOR shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint ADMINISTRATIVE Fee of one -quarter of one percent (0.25%) of the quarterly sales by participating state. The NASPO ValuePoint administrative fee is not negotiable. This fee may not be adjusted in any Participating Addendum. This fee is to be included as part of the pricing submitted with the bid.

10.2. Some states may require an additional fee be paid directly to the state only on purchases made by Purchasing Entities within that state. The fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Cooperative Purchasing Master Agreement. The Contractor may adjust the Cooperative Purchasing Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdic tion of the state. All such agreements shall not affect the NASPO ValuePoint Administrative Fee percentage or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. The NASPO ValuePoint Administrative Fee set forth above shall be based on the gross amount of all sales (less any charges for taxes or shipping) at the adjusted prices (if any) in Participating Addenda.

11. R
ECORDS RETENTION & AUDITS.

11.1. RECORDS RETENTION. Contractor shall maintain books, records, documents, and other evidence pertaining to this Cooperative Purchasing Master Agreement and orders placed by Purchasing Entity under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall retain such records for a period of six (6) years following expiration or termination of this Cooperative Purchasing Master Agreement or final payment for any order placed by a Purchasing Entity against this Cooperative Purchasing Master Agreement, whichever is later; Provided, however, that if any Redlands Regular Meeting of 04/18/2023
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litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved.

11.2. AUDIT. Upon reasonable advance written notice, Enterprise Services reserves the right to audit, or have a designated third party audit, applicable records associated with this Cooperative Purchasing Master Agreement to ensure that Contractor has properly invoiced Purchasing Entity and that Contractor has paid all applicable vendor management fees.

Accordingly, Contractor shall permit Enterprise Services, any Purchasing Entity, and any other duly authorized agent of a governmental agency, to audit, inspect examine, copy and/or transcribe Contractor’s books, documents, papers and records directly pertinent to this Cooperative Purchasing Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of six (6) years following expiration or termination of this Cooperative Purchasing Master Agreement or final payment for any ord er placed by a Purchasing Entity against this Cooperative Purchasing Master Agreement, whichever is later ; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved.

11.3. O
VERPAYMENT OF PURCHASES OR UNDERPAYMENT OF FEES. Without limiting any other remedy available to any Purchasing Entity , Contractor shall reimburse Purchasing Entity for any overpayments inconsistent with the terms of this Cooperative Purchasing Master Agreement or orders, at a rate of 100% of such overpayments, found as a result of the examination of the Contractor’s records.

12. INSURANCE.

12.1. REQUIRED INSURANCE. During the Term of this Cooperative Purchasing Master Agreement, Contractor, at its expense, shall maintain in full force and effect the insurance coverages set forth in Exhibit A – Insurance Requirements. All costs for insurance, including any payments of deductible amounts, shall be considered incidental to and included in the prices for goods/services and no additional payment shall be made.

12.2. WORKERS COMPENSATION. Contractor shall comply with applicable workers compensation statutes and regulations (e.g., RCW Title 51, Industrial Insurance). If Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, Enterprise Services may terminate this Cooperative Purchasing Master Agreement. This provision does not waive any of the Washington State Department of Labor and Industries (L&I) rights to collect from Contractor. In addition, Contractor waives its immunity under RCW Title 51 to the extent it is required to indemnify, defend, and hold harmless the State of Washington and its agencies, officials, agents, or employees.

12.3. I
NSURANCE CERTIFICATE. Prior to commencement of performance, Contractor shall provide to Enterprise Services a written endorsement to the Contractor’s general liability insurance policy or other documentary evidence acceptable to Enterprise Services that (1) names the State of Washington and Enterprise Services as additional insureds, (2) provides for written notice of cancellation delivered in accordance with the policy provisions, and (3) provides that the Contractor’s liability insurance policy shall be primary, with any liability insurance of any Participating State as sec ondary and noncontributory . Unless otherwise agreed in any Participating Addendum, other state Participating Entities’ rights and Contractor’s obligations Redlands Regular Meeting of 04/18/2023
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are the same as those specified in the first sentence of this subsection except the endorsement is provided to the applicable state.

13. PUBLIC INFORMATION. This Cooperative Purchasing Master Agreement, all related documents, and all records created as a result of the Cooperative Purchasing Master Agreement are subject to public disclosure as required by Washington’s Public Records Act, RCW chapter 42.56 . In addition, Participating Addendums and related records shall be subject to public disclosure as required by applicable law pertaining to such Purchasing Entity . Consistent with the Public Records Act, to the extent that any such Contractor document or record – in whole or in part – includes information exempted or protected from disclosure by the Public Records Act, Contractor may mark such document or record – the exempted or protected portions only – with the specific basis for protection under the Public Records Act. In the event that Enterprise Services receives a public records disclosure request that pertains to such properly marked documents or records, Enterprise Services shall notify Contractor of such disclosure request and of the date that the records will be released to the requester unless Contractor, at Contractor’s sole expense, timely obtains a court order enjoining such disclosure. In the event Contractor fails to file a motion for a court order enjoining such disclosure, Enterprise Services shall release the requested documents on the date specified. Contractor’s failure properly to identify exempted or protected information or timely respond after notice of request for public disclosure has been given shall be deemed a waiver by Contractor of any claim that such materials are protected or exempt from disclosure.

14. D

EFAULTS AND REMEDIES

14.1. SUSPENSION & TERMINATION FOR DEFAULT. Enterprise Services may suspend Contractor’s operations under this Cooperative Purchasing Master Agreement immediately by written cure notice of any default. Contractor may be required to submit a written cure plan within five (5) business days of Suspension notification. Suspension shall continue until the default is remedied to Enterprise Services’ reasonable satisfaction; Provided, however, that, if after thirty (30) days from such a suspension notice , Contractor remains in default, Enterprise Services may terminate Contractor’s right under this Cooperative Purchasing Master Agreement All of Contractor’s obligations to Enterprise Services and Purchasing Entity survive termination of Contractor’s rights under this Cooperative Purchasing Master Agreement, until such obligations have been fulfilled.

14.2. D
EFAULT. Each of the following events shall constitute default of this Cooperative Purchasing Master Agreement by Contractor:
(a) Contractor fails to perform or comply with any of the terms or conditions of this Cooperative Purchasing Master Agreement;
(b) Contractor breaches any representation or warranty provided herein; or (c) Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary.

14.3. REMEDIES for DEFAULT.
(a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Cooperative Purchasing Master Agreement are in addition to all other available remedies.
(b) In the event of termination for default, Enterprise Services may exercise any remedy provided by law including, without limitation, the right to procure for all Purchasing Redlands Regular Meeting of 04/18/2023
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Entity replacement goods and/or services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the Cooperative Purchasing Master Agreement price and the replacement or cover price for identical equipment or services, as well as any adm inistrative and/or transaction costs directly related to such replacement procurement – e.g., the cost of the competitive procurement. Enterprise Services or Purchasing Entity will mitigate damages and provide Contractor with detailed invoices substantiating the charges.
(c) Unless otherwise specified in the Participating Addendum, in the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Cooperative Purchasing Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, either Party shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order.

Nothing in this Cooperative Purchasing Master Agreement shall be construed to limit the rights and remedies available to either Party under the applicable commercial code.

14.4. L
IMITATION ON DAMAGES. Notwithstanding any provision to the contrary, the parties agree that in no event shall any party or Purchasing Entity be liable to the other for exemplary or punitive damages; Provided, however, that nothing contained in this Section will in any way exclude or limit: (a) a party’s liability for all damages arising out of that party’s intentional acts or omissions; (b) the operation of any Goods or Services warranty provided in this Cooperative Purchasing Master Agreement; or (c) damages subject to the Intellectual Property Indemnity section of this Cooperative Purchasing Master Agreement. Any limitation of either party’s obligations under this Cooperative Purchasing Master Agreement, by delivery slips or other documentation is void. Contractor’s limitation of liability shall not exceed $ 2,000,000 per occurrence.

14.5. G
OVERNMENTAL TERMINATION.
(a) Termination for Withdrawal of Authority. Enterprise Services may suspend or terminate this Cooperative Purchasing Cooperative Purchasing Master Agreement if, during the term hereof, Enterprise Services’ procurement authority is withdrawn, reduced, or limi ted such that Enterprise Services, in its judgment, would lack authority to enter into this Cooperative Purchasing Master Agreement ; Provided, however, that such suspension or termination for withdrawal of authority shall only be effective upon twenty (20) days prior written notice; and Provided further, that such suspension or termination for withdrawal of authority shall not relieve any Participating Entity or Purchasing Entity from payment for goods and/or services already ordered as of the effective dat e of such notice. Except as stated in this provision, in the event of such suspension or termination for withdrawal of authority, neither Enterprise Services nor any Participating Entity or Purchasing Entity shall have any obligation or liability to Contractor. Contractor will be entitled to seek a change order to the extent Contractor provides documentary evidence that Contractor has incurred additional costs as a result of the suspension including costs to demobilize and remobilize the project.

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(b) Termination for Convenience. Enterprise Services, for convenience, may terminate this Cooperative Purchasing Master Agreement; Provided, however, that such termination for convenience must, in Enterprise Services’ judgment, be in the best interest of the State of Washington; and Provided further, that such termination for convenience shall only be effective upon sixty (60) days prior written notice; and Provided further , that such termination for convenience shall not relieve any Participating Entity or Purchasing Entity from payment for goods and/or services already ordered as of the effective date of such notice. Except as stated in this provision, in the event of such termination for convenience, neither Enterprise Services nor any Participating Entity or Purchasing Entity shall have any obligation or liability to Contractor.

15. C
LAIMS.

15.1. ASSUMPTION OF RISKS; CLAIMS BETWEEN THE PARTIES. Contractor assumes sole responsibility and all risks of personal injury or property damage to itself and its employees and agents to the extent caused by its operations under this Cooperative Purchasing Master Agreement.

Enterprise Services has made no representations regarding any factor affecting Contractor’s risks. If responsibility can be substantiated as Contractor fault, Contractor shall pay for all damage to any Purchasing Entity’s property resulting directly or indirectly from its acts or omissions under this Cooperative Purchasing Master Agreement, to the extent attributable to negligence by Contractor or its agents.

15.2. T
HIRD-PARTY CLAIMS; INDEMNITY. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless Enterprise Services, any Purchasing Entity , and NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint) (NASPO) and their respective employees and agents from and against all claims, demands, judgments, assessments, damages, penalties, fines, costs, liabilities or losses including, without limitation, sums paid in settlement of claims, attorneys’ fees, consultant fees, and expert fees (collectively “claims”) arising from any act or omission of Contractor or its successors, agents, and subcontractors under this Cooperative Purchasing Master Agreement, except to the extent such claims are caused by Enterprise Services, any Purchasing Entity, or NASPO’s’ negligence. Contractor shall take all steps needed to keep Purchasing Entity’s property free of liens arising from Contractor’s activities, and promptly obtain or bond the release of any such liens that may be filed. Unless otherwise agreed in writing, this section is not subject to any limitations of liability in this Cooperative Purchasing Master Agreement or in any other document executed in conjunction with this Cooperative Purchasing Master Agreement.

16. D
ISPUTE RESOLUTION. The parties shall cooperate to resolve any dispute pertaining to this Cooperative Purchasing Master Agreement efficiently, as timely as practicable, and at the lowest possible level with authority to resolve such dispute. If, however, a dispute persists and cannot be resolved, it may be escalated within each organization. In such situation, upon notice by either party, each party, within five (5) business days shall reduce its description of the dispute to writing and deliver it to the other party. The r eceiving party then shall have three (3) business days to review and respond in writing. In the event that the parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference between the respective senior managers of each organization to attempt to resolve the dispute. In the event the parties cannot agree, either party may resort to court to resolve the dispute.

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17. GENERAL PROVISIONS.

17.1. TIME IS OF THE ESSENCE. Time is of the essence for each and every provision of this Cooperative Purchasing Master Agreement.

17.2. COMPLIANCE WITH LAW. Contractor shall comply with all applicable law.

17.3. INTEGRATED AGREEMENT. This Cooperative Purchasing Master Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter and supersedes all prior negotiations, representations, and understandings between them. There are no representations or understandings of any kind not set forth herein.

17.4. AMENDMENT OR MODIFICATION. Except as set forth herein, this Cooperative Purchasing Master Agreement may not be amended or modified except in writing and signed by a duly authorized representative of each party.

17.5. AUTHORITY. Each party to this Cooperative Purchasing Master Agreement, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Cooperative Purchasing Master Agreement and that its execution, delivery, and performance of this Cooperative Purchasing Master Agreement has been fully authorized and approved, and that no further approvals or consents are required to bind such party.

17.6. N
O AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall be or is intended to be created by or under this Cooperative Purchasing Master Agreement.

Neither party is an agent of the other party nor authorized to obligate it.

17.7. A
SSIGNMENT. Contractor may not assign its rights under this Cooperative Purchasing Master Agreement without Enterprise Services’ prior written consent and Enterprise Services may consider any attempted assignment without such consent to be void; Provided, however, that, if Contractor provides written notice to Enterprise Services within thirt y (30) days, Contractor may assign its rights under this Cooperative Purchasing Master Agreement in full to any parent, subsidiary, or affiliate of Contractor that controls or is controlled by or under common control with Contractor, is merged or consolidated with Contractor, or purchases a majority or controlling interest in the ownership or assets of Contractor. Unless otherwise agreed, Contractor guarantees prompt performance of all obligations under this Cooperative Purchasing Master Agreement notwithstanding any prior assignment of its rights.

17.8. B
INDING EFFECT; SUCCESSORS & ASSIGNS. This Cooperative Purchasing Master Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

17.9. A
SSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED GOODS/SERVICES. Contractor irrevocably assigns to Enterprise Services, on behalf of the State of Washington, any claim for relief or cause of action which the Contractor now has or which m ay accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws in connection with any goods and/or services provided in Washington for the purpose of carrying out the Contractor’s obligations under this Cooperative Purchasing Master Agreement, including, at Enterprise Services' option, the right to control any such litigation on such claim for relief or cause of action.

17.10. F
EDERAL FUNDS. To the extent that any Purchasing Entity uses federal funds to purchase goods and/or services pursuant to this Cooperative Purchasing Master Agreement, such Purchasing Redlands Regular Meeting of 04/18/2023
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Entity shall specify, with its order, any applicable requirement or certification that must be satisfied by Contractor at the time the order is placed or upon delivery.

17.11. SEVERABILITY. If any provision of this Cooperative Purchasing Master Agreement is held to be invalid or unenforceable, such provision shall not affect or invalidate the remainder of this Cooperative Purchasing Master Agreement, and to this end the provisions of this Cooperative Purchasing Master Agreement are declared to be severable. If such invalidity becomes known or apparent to the parties, the parties agree to negotiate promptly in good faith in an attempt to amend such p rovision as nearly as possible to be consistent with the intent of this Cooperative Purchasing Master Agreement.

17.12. WAIVER. Failure of either party to insist upon the strict performance of any of the terms and conditions hereof, or failure to exercise any rights or remedies provided herein or by law, or to notify the other party in the event of breach, shall not release the other party of any of its obligations under this Cooperative Purchasing Master Agreement, nor shall any purported oral modification or re scission of this Cooperative Purchasing Master Agreement by either party operate as a waiver of any of the terms hereof. No waiver by either party of any breach, default, or violation of any term, warranty, representation, contract, covenant, right, condition, or provision hereof shall constitute waiver of any subsequent breach, default, or violation of the same or other term, warranty, representation, c ontract, covenant, right, condition, or provision.

17.13. S
URVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth in or otherwise made pursuant to this Cooperative Purchasing Master Agreement shall survive and remain in effect following the expiration or termination of this Cooperative Purchasing Master Agreement, Provided, however, that nothing herein is intended to extend the survival beyond any applicable statute of limitations periods.

17.14. G
OVERNING LAW. The validity, construction, performance, and enforcement of this Cooperative Purchasing Master Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law rules . The validity, construction, and effect of any Participating Addendum pertaining to the Cooperative Purchasing Master Agreement or Order placed pursuant to such Participating Addendum shall be governed by and construed in accordance with the laws of the Participating Entity’s or Purchasing Entity’s State.

17.15. J
URISDICTION & VENUE. In the event that any action is brought to enforce any provision of t his Cooperative Purchasing Master Agreement , the parties agree to exclusive jurisdiction in Thurston County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia, Washington ; Provided, however, that v enue for any claim, dispute, or action concerning any Order placed against the Cooperative Purchasing Master Agreement or the effect of a Participating Addendum shall be in the Purchasing Entity’s State.

17.16. SOVEREIGN IMMUNITY. In no event shall this Cooperative Purchasing Master Agreement, any Participating Addendum or any Purchase Order issued thereunder, or any act of the Lead State, a Participating Entity, or a Purchasing Entity be a waiver of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. This section applies to a claim brought against the Redlands Regular Meeting of 04/18/2023
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Participating Entities who are states only to the extent Congress has appropriately abrogated the state’s sovereign immunity and is not consent by the state to be sued in federal court.

17.17. ATTORNEYS’ FEES. Should any legal action or proceeding be commenced by either party in order to enforce this Cooperative Purchasing Master Agreement or any provision hereof, or in connection with any alleged dispute, breach, default, or misrepresentation in connection with any provision herein contained, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred in connection with such action or proceeding, including costs of pursuing or defending any legal action, including, without limitation, any appeal, discovery, or negotiation and pr eparation of settlement arrangements, in addition to such other relief as may be granted.

17.18. F
AIR CONSTRUCTION & INTERPRETATION. The provisions of this Cooperative Purchasing Master Agreement shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Cooperative Purchasing Master Agreement. Each party hereto and its counsel has reviewed and revised this Co operative Purchasing Master Agreement and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this Cooperative Purchasing Master Agreement. Each term and provision of this Cooperative Purchasing Master Agreement to be performed by either party shall be construed to be both a covenant and a condition.

17.19. F
URTHER ASSURANCES. In addition to the actions specifically mentioned in this Cooperative Purchasing Master Agreement, the parties shall each do whatever may reasonably be necessary to accomplish the transactions contemplated in this Cooperative Purchasing Master Agreement including, without limitation, executing any additional documents reasonably necessary to effectuate the provisions and purposes of this Cooperative Purchasing Master Agreement.

17.20. E
XHIBITS. All exhibits referred to herein are deemed to be incorporated in this Cooperative Purchasing Master Agreement in their entirety.

17.21. CAPTIONS & HEADINGS. The captions and headings in this Cooperative Purchasing Master Agreement are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Cooperative Purchasing Master Agreement nor the meaning of any provisions hereof.

17.22. ELECTRONIC SIGNATURES. A n electronic signature of this Cooperative Purchasing Master Agreement or any other ancillary agreement shall be d eemed to have the same legal effect as delivery of an original executed copy of this Cooperative Purchasing Master Agreement or such other ancillary agreement for all purposes.

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17.23. COUNTERPARTS. This Cooperative Purchasing Master Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Cooperative Purchasing Master Agreement at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Cooperative Purchasing Master Agreement.

E
XECUTED as of the date and year first above written.

STATE OF WASHINGTON

DEPARTMENT OF ENTERPRISE SERVICES
WATSON FURNITURE GROUP, INC.

A WASHINGTON CORPORATION
By: ___________________________
Elena McGrew
By: ___________________________
Quint Andrae
Its: Acting Statewide Enterprise Procurement
Manager
Its: National Sales Manager

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Exhibit A

INSURANCE REQUIREMENTS

1. INSURANCE OBLIGATION. During the Term of this Cooperative Purchasing Master Agreement, Contractor shall possess and maintain in full force and effect, at Contractor’s sole expense, the following insurance coverages:
a. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability insurance (and, if necessary, commercial umbrella liability insurance) covering bodily injury, p roperty damage, products/completed operations, personal injury, and advertising injury liability on an ‘occurrence form’ that shall be no less comprehensive and no more restrictive than the coverage provided by Insurance Services Office (ISO) under the most recent version of form CG 00 01 in the amount of not less than $ 2,000,000 per occurrence and $4,000,000 general aggregate. This coverage shall include blanket contractual liability coverage. This coverage shall include a cross -liability clause or separation of insured condition.
b. WORKERS’ COMPENSATION INSURANCE. Contractor shall comply with applicable Workers’ Compensation or Industrial Accident insurance providing benefits as required by law. c. EMPLOYERS’ LIABILITY (STOP GAP) INSURANCE. Employers’ liability insurance (and, if necessary, commercial umbrella liability insurance) with limits not less than $1,000,000 each accident for bodily injury by accident , $1,000,000 each employee for bodily injury by disease, and $1,000,000 bodily injury by disease policy limit.

The insurance coverage limits set forth herein are the minimum. Contractor’s insurance coverage shall be no less than the minimum amounts specified. Coverage in the amounts of these minimum limits, however, shall not be construed to relieve Contractor from liability in excess of such limits.

Contractor waives all rights against the State of Washing ton for the recovery of damages to the extent such damages are covered by any insurance required herein.

2. I
NSURANCE CARRIER RATING. Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable to the State of Washington’s Office of Risk Management.

Insurance coverage shall be provided by companies authorized to do business within the State of Washington and rated A- Class VII or better in the most recently published edition of Best’s Insurance Rating. Enterprise Services reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating.

3. ADDITIONAL INSURED. Commercial General Liability, Commercial Automobile Liability, and Pollution Liability Insurance shall include the State of Washington and all authorized Purchasing Entity (and their agents, officers, and employees) as Additional Insureds evidenced by copy of the Additional Insured Endorsement attached to the Certificate of Insurance on such insurance policies.

4. CERTIFICATE OF INSURANCE. Prior to execution of the Cooperative Purchasing Master Agreement , Contractor shall furnish to Enterprise Services, as evidence of the insurance coverage required by this Cooperative Purchasing Master Agreement, a certificate of insurance satisfactory to Enterprise Services that insurance, in the above -stated kinds and minimum amounts, has been secured. In addition, no less than ten (10) days prior to coverage expiration , Contractor shall Redlands Regular Meeting of 04/18/2023
123 of 411
COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 25 (Rev. 2020-03-11)
furnish to Enterprise Services an updated or renewed certificate of insurance , satisfactory to Enterprise Services, that insurance, in the above -stated kinds and minimum amounts, has been secured. Failure to maintain or provide proof of insurance, as required, will result in c ontract cancellation. All policies and certificates of insurance shall include the Cooperative Purchasing Master Agreement number stated on the cover of this Cooperative Purchasing Master Agreement. All certificates of Insurance and any related insurance documents shall be delivered to Enterprise Services by U.S. mail, postage prepaid, or sent via email, and shall be sent to the address or email address set forth below or to such other address or email address as Enterprise Services may specify in writing:

US Mail: Contracts & Procurement – Cooperative Purchasing Master Agreement Insurance Certificate
Cooperative Purchasing Master Agreement No. 00318 – Public Safety Communications Products, Services and Solutions
Attn: Team Cypress
Washington Dept. of Enterprise Services
PO Box 41411
Olympia, WA 98504-1411
Email: [email protected]

Note: For Email notice, the Email Subject line must state:

Cooperative Purchasing Master Agreement Insurance Certificate – Cooperative Purchasing Master Agreement No. 00318 – Public Safety Communications Products, Services and Solutions

5. PRIMARY COVERAGE. Contractor’s insurance shall apply as primary and shall not seek contribution from any insurance or self-insurance maintained by, or provided to, the additional insureds listed above including, at a minimum, the State of Washington and/or any Purchasing Entity . All insurance or self-insurance of the State of Washington and/or Purchasing Entity shall be excess of any insurance provided by Contractor or subcontractors.

6. SUBCONTRACTORS. Contractor shall include all subcontractors as insureds under all required insurance policies. Alternatively, prior to utilizing any subcontractor, Contractor shall cause any such subcontractor to provide insurance that complies will all applicable requirements of the insurance set forth herein and shall furnish separate Certificates of Insurance and endorsements for each subcontractor. Each subcontractor must comply fully with all insurance requirements stated herein. Failure of any subcontractor to comply with insurance requirements does not limit Contractor’s liability or responsibility.

7. W
AIVER OF SUBROGATION. Contractor waives all rights of subrogation against the State of Washington and any Purchasing Entity for the recovery of damages to the extent such damages are or would be covered by the insurance specified herein.

8. NOTICE OF CHANGE OR CANCELLATION. There shall be no cancellation without at least thirty (30) days prior written Legal Notice by Contractor to Enterprise Services. Failure to provide such notice, as required, shall constitute default by Contractor. Any such written no tice shall include the Cooperative Purchasing Master Agreement number stated on the cover of this Cooperative Purchasing Master Agreement.

Redlands Regular Meeting of 04/18/2023
124 of 411
COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 26 (Rev. 2020-03-11)

9. EXTENDED REPORTING PERIOD. If any required insurance coverage is on a claims-made basis (rather than occurrence), Contractor shall maintain such coverage for a period of no less than three (3) years following expiration or termination of the Cooperative Purchasing Master Agreement.

Redlands Regular Meeting of 04/18/2023
125 of 411

Rev 8/2/2016 Page 1 of 1

Dear Quint,

Congratulations, your firm has been awarded on NASPO ValuePoint Master Agreement 00318 Public Safety Communications Products, Services and Solutions for:

Category 10 Dispatch Console Furniture

Enclosed is a copy of the contract for your signature. Please sign and to me via email to [email protected] by November 1, 2021. Items in the Master Agreement highlighted in yellow must be completed and/or confirmed prior to signature.

Once the Master Agreement is executed, it will be posted on the NASPO ValuePoint website along with your bid response. At that time, states may begin their Participating Addendum process. The period of performance will begin January 1, 2021.

Prior to posting, we will need the following:

1) Primary contact person for your company with their contact information, and 2) A sales reporting contact, if different from Exhibit A-2, and 3) A management fee contact, if different from Exhibit A-2, and 4) A logo for your company, and
5) A complete products and pricing document that includes the following:
a. All products and accessories available,
b. All available services,
c. All warranty options.

The products and accessories, services and warranty offerings must include the product name, product number and brief description along with the list price, discount off list and NASPO ValuePoint (NVP) final price.

If you have any questions regarding these requirements or other contractual matters, please contact me at [email protected] or 360-407-2218. I look forward to a mutually beneficial business partnership in the administration of our NASPO ValuePoint Master Agreement.

Sincerely,

Neva J. Peckham
Neva J. Peckham
Contracts Specialist

Redlands Regular Meeting of 04/18/2023
126 of 411
Quote Date
360.39

4. 1
300
www
.w
atsonconsoles.com
6/1
5/2023
3/1
5/2023
W
atson Consoles
R
edlands PD - Mulitpur
pose R
oom
00042658
Expir
ation Date
Prepared By:

Amanda Johnson
This Document is Conf
idential & Pr
oprie
tar
y (C) 20
1 7 W
atson F
urniture Gr
oup, Inc. All Rights R
eser
v
ed
R
edlands.06.cmdr
w
File Name:

W
atson A
ccount Manager:

W
atson F
act
or
y R
ep Firm:
909
798
7 6
1 7
Phone N
umber
:

CA
12 70 W
. P
ar
k A
v
enue
Address Line 1:

Email Address:

Cont
act N
ame:

Specif
ied For
:

R
edlands
Zip:

P
oulsbo
R
emit T
o:

City
:

R
edlands PD
262
46 T
w
elv
e
S
t
ate:

Quint Andrae
W
atson R
ep Firm:

Phone N
umber
:

W
atson Consoles
Sha
yna W
alk
er
Address Line 1:
983
70 W
atson Consoles
262
46 T
w
elv
e T
rees Lane NW
P
oulsbo W
A 983
70 sw
alk
[email protected]
36039
4 1
300
Sales Per
son:

City
:
1 .Stat
e and Local T
ax
es will apply unless pr
oof of e
x
em
ption is pr
o
vided with the Pur
chase Or
der
.

2.Deposit ma
y be req
uired with or
der; Ne
t 30 da
ys of Shipment of Pr
oduct.

3.Chair
s, platf
orms, rails e
tc are f
or representational pur
poses only
.

4.Cust
omer is responsible f
or v
erif
ication of r
oom dimensions.

5.Com
ple
t
ed Or
der consists of a signed Contract or Pur
chase Or
der and com
ple
t
ed Final Signof
f pack
age

6.Change Or
der F
ee (minimum $500) ma
y be applicable f
or changes af
t
er 5 business da
ys of submission.
7 .Pricing will be v
alid f
or f
our (4) months af
t
er receipt of Pur
chase Or
der
.

Project Summary-
NASPO Contract Pricing 00318
Installation based on empty room, one trip, 1st floor WITH prevailing wage requirements.

Freight Terms: Zone 2 - Included, On-Time Delivery Added to Meet Installer at Site MA

TERIAL SUR
CHAR
GE: W
atson has implement
ed a mat
erials sur
c
harge on order
s receiv
ed
af
t
er Ma
y 1
, 2022 . This c
harge is 5% of ne
t and will be no
t
ed on y
our ac
kno
wledgement. Thank
y
ou f
or y
our under
standing during this turbulent supply and transpor
tation era.

Redlands Regular Meeting of 04/18/2023
127 of 411
W
atch Commanders Of
fice
Break Room
Area
Briefing Room
Report W
riting
Area
EOC
Area
7'4.98"
3'4.74"
3'0.00"
1 1'1.35"
2'5.98"
3'7.61"
1 1'6.25"
2'3.33"
5'0.42"
1'8.00"
12'1

1.75"
3'1

1.9"
6'0.33"
3'1

1.29"
3'8.86"
5'1

1.81"
4'3.39"
1'1

1.00"
1'1

1.00"
7'4.91"
4'1.34"
3'0.00"
6'7.67"
7'0.04"
4'3.28"
3'0.00"
9'0.00"
1'8.00"
5'9.59"
7'4.36"
3'4.40"
8'1

1.82"
3'6.40"
4'1.00"
4'1.82"
4'0.00"
4'3.55"
23'7.00"
17'8.25"
3'1

1.00"
3'3.00"
14'7.50"
6'1.50"
15'10.25"
6'0.00"
3'1

1.00"
1'1.00"
1 1'8.75"
12'1

1.75"
28'0.50"
35'2.50"
Scale~1:70
R
edlands.06.cmdr
w
R
edlands PD - Mulitpur
pose R
oom
Conf
erence T
able and Desking
Pr
oject Designer:

CP 0
1 F
ull R
oom 2D
building plans, including dimensions, f
eatures, and inf
ormation req
uired f
or space planning and installation.

W
atson agrees t
o pr
o
vide pr
oduct Symbols that are correct. In turn, the agent or cust omer is responsible f
or pr
o
viding accurat
e
NO
TE: V
erify all building dimensions on-sit
e prior t
o pur
chase or installation of pr
oduct.

Sales R
ep:
262
46 T
w
elv
e T
rees Lane NW
P
oulsbo, W
A 983
70 www
.w
atsonconsoles.com
360.39

4. 1
300
Amanda Johnson
A
ccount Manager:

REV 0
1: MS 02/1
0/20
- R
e
vised P
er AM No
t
es
REV 02: DK 02/2
1/20
- A
dded Desking
REV 03: MS 03/05/20
- R
e
vised P
er AM No
t
es
REV 04: MS 03/1
9/20
- R
e
vised St
orage
REV 04: MS 03/1
7/2
1 - U
pdat
e F
or Quo
ting
REV05 ARB 2/1
5/23 -
U
pdating q
uo
t
e t
o
2023
REV06 ARB 3/1
5/23 -
U
pdat
ed Quo
t
e
Quint Andrae
Pr
ojec
Appr
o
v
ed By:

Dat
e
Name
Title
Redlands Regular Meeting of 04/18/2023
128 of 411
R
edlands.06.cmdr
w
Pr
oject Designer:

Conf
erence T
able and Desking
CP 0
1 F
ull R
oom
R
endering
262
46 T
w
elv
e T
rees Lane NW
P
oulsbo, W
A 983
70 www
.w
atsonconsoles.com
360.39

4. 1
300
Pr
ojec
Amanda Johnson
Sales R
ep:

Quint Andrae
REV 0
1: MS 02/1
0/20
- R
e
vised P
er AM No
t
es
REV 02: DK 02/2
1/20
- A
dded Desking
REV 03: MS 03/05/20
- R
e
vised P
er AM No
t
es
REV 04: MS 03/1
9/20
- R
e
vised St
orage
REV 04: MS 03/1
7/2
1 - U
pdat
e F
or Quo
ting
REV05 ARB 2/1
5/23 -
U
pdating q
uo
t
e t
o
2023
REV06 ARB 3/1
5/23 -
U
pdat
ed Quo
t
e
R
edlands PD - Mulitpur
pose R
oom
Pr
oject Manager:
building plans, including dimensions, f
eatures, and inf
ormation req
uired f
or space planning and installation.

W
atson agrees t
o pr
o
vide pr
oduct Symbols that are correct. In turn, the agent or cust omer is responsible f
or pr
o
viding accurat
e
NO
TE: V
erify all building dimensions on-sit
e prior t
o pur
chase or installation of pr
oduct.

Dat
e
Appr
o
v
ed By:

Title
Name
Redlands Regular Meeting of 04/18/2023
129 of 411
Bill of Material
Project: Redlands PD - Mulitpurpose Room
Sold to
Distributor
Company name:

Redlands PD
Company name:

W
atson Consoles
Contact Person:

Shayna W
alker
Salesperson:

Quint
Andrae
Contact Phone:
9097987617
Salesperson Phone:
3603941300
Contact Fax:

Salesperson Fax:
2533481887
Date 3/15/2023

#
Qty
Part Number
Description
Sell
Ext. Sell
Main 01
1 12
C9ADPD4S
C9 DESK

ACCESSOR
Y
, DESKT
OP
POWER, DEAN, 2 PWR, 1 OPEN
AND 1 DUAL

CHARGING USB-A, ST

ORM GRA
Y
, 120"
CORD
$292.80
$3,513.60
2 8
C9AEC
C9 DESK

ACCESSOR
Y
, E-CHAIN
$52.80
$422.40
3 8
C9DSDS20663023
C9 DESK SCREEN, DOUBLE CORNER WITH STEEL
RETURN, 20"D X 66"W X 30"H - 23"HA
$772.80
$6,182.40
4 2
C9NA
WS103619

EDISON RAIL

SINGLE WORKSHELF
, 10"D X 36"W X 19"H - 46" SYSTEM HEIGHT
$374.40
$748.80
5 3
C9NEL

EDISON SENIOR RAIL, END LEG
$153.60
$460.80
6 2
C9NTBA0460

EDISON SENIOR RAIL, BENDABLE
ADDER,
TWO DUPLEX/USER, 60"W
$1,161.60
$2,323.20
7 3
C9NTBA0472

EDISON SENIOR RAIL, BENDABLE
ADDER,
TWO DUPLEX/USER, 72"W
$1,161.60
$3,484.80
8 3
C9NTS0472

EDISON SENIOR RAIL, ST
AR
TER,
TWO DUPLEX/USER, 72"W
$1,120.80
$3,362.40
9 8
C9PSO180822
C9 PENDANT
ST
ORAGE, OPEN, 18"D X 8"W X 22"H (FOR USE ON 24"D
AND 30"D C9 DESKS)
$21

1.20 $1,689.60
10 14
C9PSPB18151
1 C9 PENDANT
ST
ORAGE, PENCIL/BOX, 18"D X 15"W X 1
1"H (FOR USE ON 30"D C9 DESKS ONL
Y)
$422.40
$5,913.60
1 1
8 C9R4D3066
C9 RECT

ANGULAR DESK, FOUR LEG, HEIGHT

ADJUST
ABLE BASE - 27"-46"H, 30"D X 66"W
$1,665.60
$13,324.80
12 2
C9R4T306629
C9 RECT

ANGULAR DESK, FOUR LEG, FIXED HEIGHT
BASE, 30"D X 66"W
, 29.5" HIGH
$924.00
$1,848.00
13 3
C9TPT
EDISON
T

OOLS, P
APER
TRA
Y
$62.40
$187.20
14 4
C9TTS
EDISON
T
OOLS,

TECH ST
AND
$33.60
$134.40
15 4
DADL
DUAL

LOCK - SET
OF
THREE
$14.40
$57.60
16 2
ENL1642

EDISON RAIL
LIGHT
, WITH 10W USBA

AND 60W USBC CHARGING, 16"D X 16"W X 42"H,SYSTEM HEIGHT 70"
$1,176.00
$2,352.00
17 1
FLMO4814442
HA

VEN SOCIAL

T
ABLE, OBLONG, 6-LEG, 48"D X 144"W X 42"H
$2,764.80
$2,764.80
18 1
MACTR061529

MIRO CONFERENCE, CABLE
T
OWER, 6"D X 15"W X 29"H
$556.80
$556.80
19 1
MAGRM

MIRO GROMMET
(FIELD INST
ALLED)
$43.20
$43.20
20 1
MCCREC60144-29

MIRO CONFERENCE RECT
ANGLE, 60"D X 144"W (2-PIECE
T
OP) X 29-1/2"H
$5,769.60
$5,769.60
21 1
S21-0479-201622M-R

MODIFIED ZSPEBF - ZO ST

ORAGE PEDEST
AL, *BOX, FILE, WITH ST

ASH SIDE

AS PER DRA
WING*, 20"D x *16"W* x 22"H,
MOBILE, *RIGHT
HAND*
$846.00
$846.00
22 1
SNXCA5365L-7Z
SEVEN DESK EXTENDED CORNER, 53"D X 65"W
, 23"D PRIMAR
Y
X 23"D SECONDAR
Y
, LEFT
-HAND
$1,922.40
$1,922.40
23 1
SNXCA5365R-7Z
SEVEN DESK EXTENDED CORNER, 53"D X 65"W
, 23"D PRIMAR
Y
X 23"D SECONDAR
Y
, RIGHT
-HAND
$1,922.40
$1,922.40
24 2
SVMOD1365

SEVEN DESK MODESTY
, STEEL, 13"H X 65"W
$192.00
$384.00
25 2
SWNAML2572
EDISON RAIL, MARKERBOARD SCREEN, LANDSCAPE, 25"H X 72"W - 52" SYSTEM HEIGHT $307.20
$614.40
26 4
SWNARMD3066B

EDISON RAIL, RISER MOUNTED DESK, RECT
ANGLE, 30"D X 66"W
$523.20
$2,092.80
27 2
TTS092220
W
A

TSON ST

ORAGE ST
ASH, 9"D X 22"W X 20"H
$244.80
$489.60
28 2
W
APJ49
W
A

TSON POWER RACEW
A
Y
JUMPER, 49" WHIP
$76.80
$153.60
29 8
ZSBKDA203642
ZO ST

ORAGE BOOKCASE,
ADJUST

ABLE SHELF
, DOORS, 20"D X 36"W X 42"H
$681.60
$5,452.80
30 20
ZSBKDA203678
ZO ST

ORAGE BOOKCASE,
ADJUST

ABLE SHELF
, DOORS, 20"D X 36"W X 78"H
$1,089.60
$21,792.00
31 2
ZSCRXF203026N-M
ZO ST
ORAGE CREDENZA, FILE, 20"D X 30"W X 26"H, WITH ZO BASE
$1,046.40
$2,092.80
32 2
ZSST
O153027
ZO ST

ORAGE ST
ACKER, OPEN, 15"D X 30"W X 27"H
$384.00
$768.00
T
otal Main 01
$93,670.80
Redlands Regular Meeting of 04/18/2023
130 of 411
Bill of Material
Project: Redlands PD - Mulitpurpose Room
Sold to
Distributor
Company name:

Redlands PD
Company name:

W
atson Consoles
Contact Person:

Shayna W
alker
Salesperson:

Quint
Andrae
Contact Phone:
9097987617
Salesperson Phone:
3603941300
Contact Fax:

Salesperson Fax:
2533481887
Date 3/15/2023

#
Qty
Part Number
Description
Sell
Ext. Sell

Subtotal Product
$93,670.80
On-T
ime Delivery
$150.00
INST
ALL-W
A
T
$12,500.00
T
otal
$106,320.80
Estimated Sales
T
ax ~ 92373 Redlands, CA
(8.75 %)
$9,303.07
Grand T
otal
$1
15,623.87
Redlands Regular Meeting of 04/18/2023
131 of 411
/0 /1 /2 /3 /1 /2 /0 /4 /i255 /6 /7 /8 /9 /i255 /10/11/10 /12 /13 /14 /15 /12 /16 /17 /12 /i255 /18 /19 /14 /20 /17 /16 /21 /i255 /22 /i255 /23 /24 /25 /10/26/i255/27 /20 /16 /28 /19 /10 /12 /17 /29 /14 /30 /14 /14 /31 /21 /7 /1 /1 /32 /32 /32 /33 /29 /20 /21 /31 /12 /34 /20 /16 /28 /19 /31 /12 /17 /29 /14 /33 /12 /13 /35 /1 /31 /12 /13 /14 /15 /12 /16 /17 /12 /1 /31 /28 /36 /16 /17 /37 /22 /21 /20/15 /19 /14 /38 /22 /37 /12/39/39/28/29 /17 /37 /20 /14 /17 /12 /29 /21 /22 /31 /13 /12 /40 /28 /37 /14 /21 /22 /21 /19 /13 /34 /17 /37 /19 /21 /22 /20 /29 /40 /22 /21 /12 /16 /28 /14 /17 /12 /29 /21/1/3 /1 /0 /41
Redlands Regular Meeting of 04/18/2023
132 of 411
/0 /1 /2 /3 /1 /2 /0 /4 /i255 /6 /7 /8 /9 /i255 /10/11/10 /12 /13 /14 /15 /12 /16 /17 /12 /i255 /18 /19 /14 /20 /17 /16 /21 /i255 /22 /i255 /23 /24 /25 /10/26/i255/27 /20 /16 /28 /19 /10 /12 /17 /29 /14 /30 /14 /14 /31 /21 /7 /1 /1 /32 /32 /32 /33 /29 /20 /21 /31 /12 /34 /20 /16 /28 /19 /31 /12 /17 /29 /14 /33 /12 /13 /35 /1 /31 /12 /13 /14 /15 /12 /16 /17 /12 /1 /31 /28 /36 /16 /17 /37 /22 /21 /20/15 /19 /14 /38 /22 /37 /12/39/39/28/29 /17 /37 /20 /14 /17 /12 /29 /21 /22 /31 /13 /12 /40 /28 /37 /14 /21 /22 /21 /19 /13 /34 /17 /37 /19 /21 /22 /20 /29 /40 /22 /21 /12 /16 /28 /14 /17 /12 /29 /21/1/0 /1 /0 Redlands Regular Meeting of 04/18/2023
133 of 411
City Council Meeting I. 13.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a request to hold the Redlands Firefighter's Car show event hosted by the Redlands Professional Firefighters Association on May 28, 2023, at Ed Hales Park and along East State Street; authorize temporary street closures related to the event; approve a request for in-kind support in the amount of $6,594.00; authorize the sale and consumption of alcoholic beverages at the event, and determine that the event is categorically 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 requests are appropriate, the following motions are provided:

I move that the City Council determine that the Redlands Firefighter's Car Show event to be held on May 28, 2023, at Ed Hales Park and along East State Street is categorically exempt from environmental review pursuant to Section 15301 of the State’s guidelines implementing the California Environmental Quality Act;

1. I move to authorize the temporary closure of East State Street from Orange Street to 9th and 5th, 6th, 7th, and 8th Street from Redlands Blvd to Citrus Street from 5:00 a.m. to 6:00 p.m;

2. I move to approve the expenditure of City resources and a waiver of fees in the amount of $6,594.00; and,

3. I move to authorize the sale and consumption of alcoholic beverages during the Redlands Firefighter's Car Show event.

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RECOMMENDATION:

Staff recommends that the City Council approve a request to hold the Redlands Firefighter's Car show event hosted by the Redlands Professional Firefighters Association on May 28, 2023, within Ed Hales Park and along East State Street within the downtown area; authorize street closures; approve a request for in-kind support in the amount of $6,594.00; authorize the sale and consumption of alcoholic beverages; and, determine that the event is categorically exempt from environmental review pursuant to Section 15301 of the state’s guidelines implementing the California Environmental Quality Act (CEQA).

DISCUSSION:

The Facilities and Community Services Department manages the administration and issuance of permits for special events held in public areas of the City. Upon the issuance of a special event permit, the event may take place contingent on the event organizer paying the required fees. The City recognizes the value of partnering with non-profit organizations to provide services beneficial to the community. Therefore, in an effort to provide support for programs that provide a community benefit, the City Council, from time to time, will consider the authorization of the expenditure of city resources related to a specific special event without reimbursement from Redlands-based non-profit agencies and organizations.

The Redlands Professional Firefighters (RPFA) is requesting to hold the annual Redlands Firefighter's Car Show event at Ed Hales Park and along East State Street in the downtown area on Sunday, May 28, 2023, from 6:00 a.m. to 6:00 p.m. The event is open to the public and is anticipated to bring approximately 1000 visitors into the downtown area. In the past, the event has raised between $6,000 to $10,000 per year. The RPFA is requesting permission to serve alcohol at the event that will end no later than 6:00 pm. In addition, the RPFA is requesting a waiver of fees and departmental resources including personnel and equipment from the Police, Facilities & Community Services, and Fire Departments in the amount of $6,594.00. The RPFA is registered as a non-profit organization operating out of the City of Redlands. The City Council waived fees in the amount of $5,929.78 for the Redlands Firefighters Car Show event in 2019.

The RPFA will be responsible for operating and obtaining the Daily License to Serve Alcohol from the Office of Alcohol Beverage Control. City Council approval is also necessary to authorize the consumption of alcohol for this event due to its proposed location. Staff's approval authority is limited to only enclosed public areas in public parks as defined by Resolution No. 7559 and therefore the approval of this request is outside of staff's purview. Furthermore, this event has been determined to be categorically exempt from the requirements of the Redlands Regular Meeting of 04/18/2023
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California Environmental Quality Act’s guidelines pursuant to Section 15301.

This section includes the permitting of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.

ALTERNATIVES:

The City Council has the option of denying the request, waiving a portion of the fees, or directing staff with alternatives.

STRATEGIC PLAN:

Supports Objective B-2: Tourism: Increase tourism by marketing Redlands as a destination.

SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

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

Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Joe Bierma, Administrative Analyst
Fiscal Impact
Fiscal Year: FY 2023-24
Amount: $6,500.00
Discussion:

In anticipation of the City Council's consideration of this request, staff has compiled the following table outlining costs related to fees established by Resolution of the City Council and departmental charges pertaining to personnel and equipment resources necessary for the support of the event.

The departmental charges are costs outside of normal city operations that would not be incurred by the City if the special event was not taking place.

Additionally, the cost for 2019 has been shown as this event has not taken place since then.

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Departmental Charges
(Personnel & Equipment)
2023 Amount Type 2019 Amount
Police Personnel1 $6,500.00 Hard
Cost
$2,944.00
Fire Personnel1 N/A Hard
Cost
$2,691.78
Fire Equipment N/A Soft Cost $200.00
Personnel & Equipment Subtotal $6,500.00 $5,835.78
Fees Established by City Council
Resolution
Ed Hales Park Reservation $94.00 Soft Cost $94.00
Fees Subtotal $94.00 $94.00
Total Departmental Charges and
Fees
$6,500.00(hard)
$ 94.00(soft)
$6,594.00
(Total)
Total
$5,929.78
1Personnel costs are calculated conservatively assuming the highest staff cost scenario. Actual costs may vary on the day of the event based on the actual staff present. Actual costs will be confirmed following the event and will be included in a reconciliation report presented to the City Council.

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

TABLE 2: FY 2022-23 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
Waiver
Amount
Net
Amount
$215,126.00 $76,771.50 $5,200.00 $291,553.50 $287,197.50 Attachments
A. In-kind Support Request
B. Authorization to Serve Alcohol
C. Verification of Non-profit
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2/9/23, 3:03 PM Tax Exempt Organization Search Details | Internal Revenue Service https://apps.irs.gov/app/eos/details/ 1/2
Redlands Community
Foundation
EIN: 91-2143250 | Redlands, California, United States
Publication 78 Data
Organizations eligible to receive tax-deductible charitable contributions. Users may rely on this list in determining deductibility of their contributions.

On Publication 78 Data List: Yes
Deductibility Code: PC
Copies of Returns (990, 990-EZ, 990-PF , 990-
T)
Electronic copies (images) of Forms 990, 990-EZ, 990-PF or 990-T returns filed with the IRS by charities and non-profits.

Tax Year 2020 Form 990
Tax Year 2019 Form 990
Tax Year 2018 Form 990
Tax Year 2017 Form 990
Tax Year 2016 Form 990
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2/9/23, 3:03 PM Tax Exempt Organization Search Details | Internal Revenue Service https://apps.irs.gov/app/eos/details/ 2/2
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City Council Meeting I. 14.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve an agreement with Pro-Craft Construction, Inc. for city wide on-call plumbing and repair services for a one-year term and two (2) additional one-year terms for an amount not to exceed $150,000 (Assistant City Manager Boatman)
MOTION(S):

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

I move to approve an agreement with Pro-Craft Construction, Inc. for city wide on-call plumbing and repair services for a one-year term and two (2) additional one-year terms for an amount not to exceed $150,000.

RECOMMENDATION:

Staff recommends that the City Council approve an agreement with Pro-Craft Construction, Inc. for city-wide on-call plumbing and repair services for a one-year term and two (2) additional one-year terms for an amount not to exceed $150,000.

DISCUSSION:

The Facilities & Community Services' Building Maintenance Division oversees the maintenance of all city facilities. This includes plumbing and repair services for twenty-six (26) facilities, some with antiquated infrastructure necessitating plumbing repairs more often. Building maintenance staff perform these duties and, when needed, will utilize outside contractual services. These additional outside services ensure competent maintenance while allowing city staff to focus on more specialized tasks. For reference, in Fiscal Year 2022, plumbing repair contractual services totaled approximately $38,000.

The City advertised the Request for Bid (RFB) for on-call plumbing and repair Redlands Regular Meeting of 04/18/2023
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The City advertised the Request for Bid (RFB) for on-call plumbing and repair services on January 3, 2023. Various vendors were solicited and only one bid was received on January 18, 2023. The result of the bid opening is as follows:

BIDDER BID AMOUNT
Pro-Craft Construction $61,640
Staff reviewed the bid submittal for compliance with the scope of specifications requested per the RFB. The response received from the bidder was then analyzed and vendor references were checked. Pro-Craft Construction, Inc., was deemed the lowest responsible bidder.

ALTERNATIVES:

City Council may elect not to approve the agreement with Pro-Craft Construction, Inc. and provide alternative direction to staff.

STRATEGIC PLAN:

Priority D - Sustainability
SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

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

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

Kathleen Giorgianni, Senior Administrative Assistant
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Fiscal Impact
Fiscal Year: FY2023-24
Revenue Generating: No
Appropriation Required Y/N: No
Amount: 150000.00
Budgeted Y/N: Yes
Account No.: 101301
Discussion:

The agreement includes $50,000 for the initial term and an additional $50,000 per renewal term. Funding for the agreement is included in the Building Maintenance Operating Biennial Budget for FY 2023 & 2024.

Attachments
Pro-Craft Construction Agreement
Clerk's Report
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I:\cmo\Agreements\Pro-Craft Construction FY22-0146.doc-la 1 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS

This agreement for the provision of On Call Plumbing Services (“Agreement”) is made and entered on this 18 th day of A pril, 2023 (“Effective Date”), by and bet ween the City of Redlands, a municipal corporation (“City”) and Pro-Craft Construction, Inc., a California Stock Corporation (“Contractor”). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promi ses contained herein, City and Contractor agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

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

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

ARTICLE 2 – RESPONSIBILITIES OF CONTRACTOR

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

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

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

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

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I:\cmo\Agreements\Pro-Craft Construction FY22-0146.doc-la 2 2.5 Contractor acknowledges that eight (8) hours constitutes a legal day’s work pursuant to Labor Code section 1810.

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

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

ARTICLE 3 – RESPONSIBILITIES OF CITY

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

3.2 City des ignates Chris Boatman, Assistant City Manager , as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receiv e information, interpret and def ine City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 The term of this Agreement shall be for a period of one (1) year and three (3) months from the Effective Date of this Agreement (the “Initial Term”). The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms. (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

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

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 Compensation: The compensation for Contractor’s performance of the Services shall not exceed the amount of [Fifty Thousand Dollar s] ($ 50,000.) for the Servic es provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of [ Fifty Thousand Dollars] ($50,000.) for the first Extended Term; and [Fifty Thousand Dollar s] ($50,000.) for the second Extended Term, bringing the total possible amount of Redlands Regular Meeting of 04/18/2023
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I:\cmo\Agreements\Pro-Craft Construction FY22-0146.doc-la 3 compensation to a not -to-exceed amount of [On Hundred Fifty Thousand Dollars ] ($150,000.0). For the Initial Term and each Extended Term, City shall pay Contractor on a time a nd materials basis up to the not to not -to-exceed amount in accordance w ith the rates specified in Exhibit “ C,” titled “Price and Fee Bid,” which is attached hereto and incorporated herein by reference.

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

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

CITY CONTRACTOR
City Clerk Christopher McFa yden, CEO
City of Redlands Pro-Craft Construction, Inc.
35 Cajon Street 500 Iowa Street
P.O. Box 3005 (mailing) Redlands, CA 92373
Redlands, CA 92373 [email protected]
[email protected] 909-790-5222
(909) 798-7531 Contractors License: 467234

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor. Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acce ptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “D,” Redlands Regular Meeting of 04/18/2023
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I:\cmo\Agreements\Pro-Craft Construction FY22-0146.doc-la 4 titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

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

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

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

ARTICLE 7 – CONFLICTS OF INTEREST

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

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

A. Does not make a governmental decision whether to:

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

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I:\cmo\Agreements\Pro-Craft Construction FY22-0146.doc-la 5 B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

7.3 In the event City determ ines that Contractor must di sclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests , with the City Clerk ’s office pursuant to the written instructions provided by the City Clerk.

ARTICLE 8 – GENERAL CONSIDERATIONS

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

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

8.3 Contractor is for all purposes under this Agreement an independent contr actor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Co ntractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Co ntractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agen t, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

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

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I:\cmo\Agreements\Pro-Craft Construction FY22-0146.doc-la 6 8.5 Contractor shall maintain books, ledgers, invoices , accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.

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

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

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

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

CITY OF REDLANDS PRO-CRAFT CONSTRUCTION, INC.

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Christopher McFayden, CEO

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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I:\cmo\Agreements\Pro-Craft Construction FY22-0146.doc-la 7 EXHIBIT "A"

SCOPE OF SERVICES

Scope of Services to include general plumbing services and repair work to be perf ormed at various city locations. The City is requesting hourly rates to include both Prevailing Wage rates and Non-Prevailing Wage rates (total dollar amount of each individual repair job will determine what hourly rate the City is charged – all invoices e xceeding $1000.00 shall be billed/paid at current prevailing wage rates). All charges (trip, equipment, etc. should be included in hourly rate).

The age of city building plumbing infrastructure varies from 30 to 90 years old with fluctuating degrees of required plumbing needs. The city also requires a response time to service requests to be within 1 hour of the initial call for service.

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I:\cmo\Agreements\Pro-Craft Construction FY22-0146.doc-la 8 EXHIBIT "B"

LABOR AND MATERIAL BOND

Whereas, the City of Redlands, State of California, and Pro-Craft Construction, Inc. (hereinafter designated as “Princi pal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to provide On Call Plumbing Services (the “Work”), which said agreement, dated March 7, , 20 23, and titled as “Agreement to Perform Non-Professional Services for Improvement to Public Builds and Grounds” is hereby referred to and made a part hereof; and

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

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

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

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

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

In witness whereof, this instrument has been duly execut ed by the Principal and surety above named, on _______________________, 20__.

(SEAL) (SEAL)

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

Address:
_______________________________________
________________________________________

(Seal and Notarial Acknowledgment of
Surety)
Telephone( ) ___________________________

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I:\cmo\Agreements\Pro-Craft Construction FY22-0146.doc-la 9 EXHIBIT “C”

(“Fee Schedule/ Price and Fee Bid”)

ITEM A – NON-PREVAILING WAGE RATES

A.

Line Item Description
Service Days
B.

Hours
C.*
Est.

Quantity
D.*
Non-Prevailing
Wage Hourly
Rate
*E.

Line Total
Monday through Friday 7:00 a.m. to 4:00 p.m. 100 $155.00 $15,500.00 Monday through Friday 4:00 p.m. to 7:00 a.m. 40 $178.00 $ 7,120.00 Saturday or Sunday 24 Hours 30 $205.00 $ 6,150.00
Holiday 24 Hours 10 $205.00 $ 2,050.00
SUB-TOTAL – ALL LINE ITEMS $30,820.00

ITEM B – PREVAILING WAGE RATES

A.

Line Item Description
Service Days
B.

Hours
C.*
Est.

Quantity
D.*
Prevailing Wage
Hourly Rate
*E.

Line Total
Monday through Friday 7:00 a.m. to 4:00 p.m. 100 $155.00 $15,500.00 Monday through Friday 4:00 p.m. to 7:00 a.m. 40 $178.00 $ 7,120.00 Saturday or Sunday 24 Hours 30 $205.00 $ 6,150.00
Holiday 24 Hours 10 $205.00 $ 2,050.00
SUB-TOTAL – ALL LINE ITEMS $30,820.00
*C x*D =*E TOTAL OF ITEM A and ITEM B $61,640.00

PARTS MARK UP % 20%
NAME OF BIDDER: Pro-Craft Construction, Inc.

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I:\cmo\Agreements\Pro-Craft Construction FY22-0146.doc-la 10 EXHIBIT “D”

WORKERS’ COMPENSATION INSURANCE CERTIFICATION

Every employer, ex cept 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 i nsurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industri al Relations, a certificate of consent to self-insure, either as an individual employer, or a s one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of a bility 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 s elf- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the w ork and activities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm that at all tim es, 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 s elf-insure, or a certification of workers’ compensation insurance.

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

PRO-CRAFT CONSTRUCTION, INC.

By: Date: _______ __________
Christopher McFayden, CEO

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City Council Meeting I. 15.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the license agreement with Randy Nordgren, business name "Dawg Social", for a hot dog cart located at City Hall, 35 Cajon Street, and determination that approval of the agreement is 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 staff’s recommendation is appropriate, the following motions are provided:

I move to determine that approval of the License Agreement with Randy Nordgren, business name "Dawg Social", is exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act Guidelines; and

1. I move to approve the License Agreement with Randy Nordgren, business name "Dawg Social", for a hot dog cart at City Hall, 35 Cajon Street.

2. RECOMMENDATION:

Staff recommends that the City Council approve the License Agreement with Randy Nordgren, business name "Dawg Social", to operate a hot dog cart for an outdoor dining area located at City Hall, 35 Cajon Street, and determine that approval of the project is categorically exempt from further environmental review pursuant to Section 15301 of the California Environmental Quality Act Guidelines.

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DISCUSSION:

The City of Redlands City Hall complex includes the administrative offices of the City. It provides residents with a place to pay city utility bills as well as procure permits from Engineering, Planning, and Building & Safety. It is also the site of City Council meetings and a public parking lot, providing free parking when visiting the downtown area.

Randy Nordgren, the owner of Dawg Social, proposes operating a food cart serving hot dogs at the City Hall complex. The cart will provide a traditional hot dog cart experience by serving locally sourced hot dogs. Mr. Nordgren also donates a percentage of the sales from the cart to local dog shelters. The proposal is to enter into a License Agreement for a one (1) year term to permit the use of City Hall grounds to operate a hot dog cart. Per the License Agreement, Mr. Nordgren will maintain this area and ensure compliance with the License Agreement and all applicable laws, including all County Health requirements. The License Agreement requires a monthly rent of $200.00 for the first six months and $400.00 for the remaining six months of the term, which is based on appraisals conducted for similar outdoor areas in the City.

Staff recommends that the License Agreement is categorically exempt from the requirements of the California Environmental Quality Act guidelines pursuant to Section 15301. This section pertains to existing facilities and applies when there is no resulting expansion of use. The project is consistent with this exemption as it is within a developed portion of South 5th Street and will primarily service existing customers coming to Downtown Redlands.

ALTERNATIVES:

The City Council may decline the approval of the License Agreement or provide alternative direction to staff.

STRATEGIC PLAN:

Not Applicable
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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
Christopher R. Catren, Chief of Police
PREPARED BY:

Joe Bierma, Administrative Analyst
Fiscal Impact
Fiscal Year: 2022-23
Revenue Generating: Y
Amount: $3,600.00
Account No.: 101303
Discussion:

The License Agreement with Randy Nordgren will provide $3,600.00 annually, which will be deposited into the General Fund.

Attachments
Dawg Social, LLC Agreement
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LICENSE AGREEMENT BY AND BETWEEN THE CITY OF REDLANDS
AND RANDY NORDGREN DOING BUSINESS AS “DAWG SOCIAL, LLC”

This License Agreement (“License”) is made and entered this 18 th day of April , 2023 (“Effective Date”), by and between the City of Redlands, a municipal corporation and general law city (“City”), and Randy Nordgren, an individual, dba “Dawg Social, LLC” (“Licensee”). City and Licensee are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

RECITALS

WHEREAS, Licensee is the owner and operator of a food cart in the City of Redlands; and

WHEREAS, City is the owner in fee simple of the City Hall Complex located at 35 Cajon St., Redlands, CA 92373 (the “Property”); and

WHEREAS, Licensee desires to provide its customers with an outdoor dining venue on a portion of the City Hall Complex property; and

WHEREAS, City and Licensee desire to enter into this new License to set forth terms and conditions under which City will license a portion of the Property to Licensee; and

WHEREAS, City and Licensee desire to cooperate to further the above -stated purpose in a way compatible with the public interest.

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

AGREEMENT

Section 1. Premises. City hereby grants to Licensee a license (the “License”) to provide outdoor dining services within a portion of the Property in connection with the operation of Licensee’s food cart. The outdoor dining area subject to this License consists of approximately one thousand four hundred (1,400) square feet and is more particularly described in Exhibit “A,” (the “Premises”), which is attached hereto and incorporated herein by this reference.

Section 2. Acknowledgment of License and Disclaimer of Tenancy.

A. Licensee acknowledges and agrees that City is the owner of Premises and that nothing in this License grants to Licensee any rights, title , or interest in the Premises, except for the revocable, non-exclusive right to use the Premises as provided in this License. Licensee is not a tenant or lessee of City and holds no rights of tenancy or leasehold in relation to the Premises.

B. In consideration of City’s grant of this License, Licensee specifically and expressly waives, releases, and relinquishes any and all rights to assert any claim of right, privilege , or interest in the Premises other than the rights expressly granted by the License.

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2 I:\cmo\Agreements\Dawg Social License Agreement FY22-0130.docx-la C. The consideration paid by Licensee pursuant to Section 4 of this License is consistent with the value of the rights comprising the License privilege; the consideration is not consistent with the higher market value for a greater right, privilege , or interest (such as a lease) in the Premises.

D. Licensee further acknowledges and agrees that without the representations and agreements set forth herein, City would not enter into this License.

Section 3. Term. The term of this License shall commence on May 1, 2023, and end on May 1, 2024, unless earlier terminated as provided for herein. Either Party may terminate this License by providing written notice of such termination to the other Party at least thirty (30) days prior to the notice termination date. Upon termination or expiration of this License, and upon request of City, Licensee shall remove, as requested by City, any improvements, fixtures, equipment, and other personal property placed upon the Premises by Licensee. The cost and expense of such removal, together with the repair of any damage, occasioned thereby, will be borne solely by the Licensee. If Licensee remains in possession of the Premises after expiration or earlier termination of this License without City’s written consent, Licensee’s continued occupancy of the Premises shall be equivalent to a tenancy at sufferance and Licensee shall pay an increased License fee during the holdover period in the sum of four hundred dollars ($400) per month.

Section 4. License Fee. Licensee shall pay to City a monthly fee in the sum of two hundred dollars ($200.00 ) for use and occupancy of the Premises for the first six months of the term. The Licensee shall pay to City a monthly fee in the sum of four hundred dollars ($400.00) for the use and occupancy of the Premises for the remaining six months of the term. The initial monthly fee payment shall be paid to City prior to May 1 , 2023. A ll subsequent monthly fee payments shall be made prior to the second day of each month for which the fee is then due. All payments are to be made payable to the City of Redlands, Finance Department/Revenue Division, P.O. Box 3005, Redlands, California, 92373. A late fee of fifty dollars ($50) shall be added and due for any fee payment made after the tenth day of the month.

Section 5. Security Deposit. The security deposit presently held by City in the amount of one thousand dollars ($1,000) shall be retained by City to secure compliance with the terms and conditions of this License, and shall be refunded to Licensee within thirty (30) days after the Premises have been vacated by Licensee, less an y amounts reasonably necessary to pay City for, (i) cleaning costs, (ii) cost for repair or damages to the Premises exclusive of ordinary wear and tear, and (iii) any other amount legally allowable under the provisions of this License. A written accounting of said costs and damages shall be presented to Licensee within ten (10) days of the Premises being vacated. If the security deposit is insufficient to pay City for such costs and damages, Licensee shall immediately pay any additional costs for damages demanded by City.

Section 6. Use of Premises.

A. Use of the premises shall be non- exclusive, as the seating in the area is used and enjoyed by all patrons of the downtown area.

B. Licensee shall use the Premises solely for the purpose of outdoor dining associated with Licensee’s operation of its food cart and for no other uses.

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C. During the term of this License, C ity shall retain the right to cause the closure of the Premises for up to three (3) events per calendar year, with ninety (90) days prior written notice given to the Licensee of each such event.

D. The hours of operation for the Premises shall be limited to 10:00 a.m. to 10:00 p.m., Monday through Sunday.

E. Licensee’s use of the Premises shall not jeopardize or endanger the health, welfare, peace, or safety of persons visiting, residing, working, or conducting business in the surrounding area.

G. Licensee shall obtain a city business license and all necessary permits for its operations, including but not limited to a permit from the San Bernardino County Department of Environmental Health Services as may be required for food preparation and sales.

H. Licensee shall designate an attendee to monitor the Premises between 10:00 a.m. and 10:00 p.m. to ensure security and maintenance of the Premises in accordance with this License.

I. Licensee’s operation of the Premises shall not result in nuisance activities within the Premises or in close proximity of the Premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, littering, loitering, graffiti, illegal parking, excessive loud noises especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests.

J. Licensee shall ensure that the Premises’ upkeep and operating characteristics are compatible with, and will not adversely affect, the livability or appropriate development of abutting properties and the surrounding neighborhood.

K. Licensee hereby grants City immediate access to the Premises in the event of an emergency; which is defined as any incident that threaten loss of life or property, interruptions of public utilities, disaster, war, acts of terrorism, strikes or similar emergencies.

Section 7. As- Is Condition. Licensee accepts the Premises in its “as -is” condition as of the Effective Date of this License, without any warranty, express or implied.

Section 8. Maintenance of Premises. Licensee shall be responsible for maintaining the Premises in a clean and orderly state. Any damage to the Premises incurred due to Licensee’s use of the Premises shall be the sole responsibility of Licensee. City shall have the right to enter the Premises, at reasonable times, for inspection and maintenance purposes. Should an inspection by City disclose the need for maintenance or repairs, City shall provide Licensee with written notice of the items requiring repair or maintenance. If action is not taken on suc h items by Licensee within five (5) days from the provision of such notice, City may enter the Premises and take whatever action is necessary to perform such maintenance or repairs at Licensee’s expense.

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Section 9. Improvements. Licensee shall not construct any fencing or improvements to the Premises w ithout the prior written consent of City. All proposals for improvements to the Premises shall be submitted in writing to City for its consideration and prior written approval.

Licensee shall have the right to remove all improvements made t o the Premises by Licensee, provided such removal results in no damage to the Premises. Improvements not removed by Licensee shall, on expiration or earlier termination of this License, become the property of City.

Lighting may be incorporated in such a way to prevent glare onto or direct illumination of any adjacent properties. Licensee shall cause the improvements to be constructed, rehabilitated or installed in compliance with applicable laws, including federal, state, and local laws and regulations.

Section 10. Indemnity. Licensee shall defend, indemnify and hold harmless City, and its elected officials, officers, employees and agents, from and against any and all claims, causes of action, damages and liability resulting from Licensee’s negligent acts or omissions, and willful misconduct of Licensee, and its contractors, agents, employees, guests, and invitees arising from Licensee’s occupation and use of the Premises or the improvements or equipment thereon, during the term of this License. This section shall survive any termination of this License.

Section 11. Public Liability and Property Damage Insurance; Worker’s Compensation Insurance. Licensee shall maintain at its own cost for the term of this License, public liability and property damage insurance in the amount of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate, issued by an insurance company acceptable to City. Licensee shall provide City with a certificate of insurance and endorsements showing City as an additional insured on the policy prior to Licensee’s use and occupancy of the Premises. Such insurance shall be primary with respect to City and non-contributory to any insurance or self - insurance maintained by City . The policy shall require that , before amending or canceling the policy, the issuing insurance company shall give City at least thirty (30) days prior written notice.

City and Licensee acknowledge and agree that the insurance required of Licensee is subject to annual review by City and subject to increases in the amount and scope of coverage, as reasonably determined by City.

Licensee shall procure and maintain Worker’s Compensation Insurance in such amount as will fully comply with the laws of the State of California, and which shall indemnify, insure and provide legal defense for both Licensee and City against any loss, claim , or damage arising from injuries or occupational diseases happening to any worker employed by Licensee in, at or about the Premises.

Section 12. Assignment Prohibited. Licensee shall not encumber, assign, sublease, or otherwise transfer this License, or any right or interest therein, without the prior written consent of City. Any such encumbrance, assignment, sublease, or transfer without such prior consent and approval of City shall constitute a breach of this License and may, at the sole discretion of City , result in the immediate termination of this License.

Section 13. Attorneys’ Fees . In the event any action is commenced to enforce or interpret the terms or conditions of this License, the prevailing Party shall, in addition to any costs Redlands Regular Meeting of 04/18/2023
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Section 14. Notices. Any notice or other communication required, or which may be given, pursuant to this License, shall be in writing. Any such notice shall be deemed delivered (i) on the day of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic email transmis sion (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a party may provide notice of in accordance with this section:

CITY: LICENSEE:

City Clerk Randy Nordgren, Owner
City of Redlands dba Dawg Social, LLC
35 Cajon Street 1413 Padua Avenue
P.O. Box 3005 (mailing) Redlands, CA 92374
Redlands, CA 92373 [email protected]
[email protected] 949-350-4248
(909) 798-7531

Section 15. Entire Agreement/Amendment. This License constitutes the entire agreement between the Parties with respect to the subject matter hereof. Any prior verbal or written representations or agreements respecting the Premises not expressly set forth herein are null and void. Any and all amendments to this License shall be in writing and executed by the Parties.

Section 16. Termination. City shall have the right to terminate this License, with or without cause, upon thirty (30) days prior written notice to Licensee. City shall have no liability for any claims or damages resulting to Licensee as a result of any exercise by City of its right to terminate this License. This License may be terminated at the discretion of City should Licensee fail to fulfill its requirements as specified herein.

Section 17. Hazardous Materials.

Licensee agrees that it will not allow or permit the
use, storage, disposal or release on or about the Property, the Premises , or other improvements thereon of any Hazardous Materials by its officers, agents, contractors, employees, guest or invitees. As used herein, “Hazardous Materials” means any flammable explosives, radioactive materials, asbestos, PCB’s, hazardous waste, toxic substances or any other “hazardous substances”, “hazardous materials” or “toxic substances” as defined in any present or future federal, state or local law applicable to the Property, the Premises or the improvements thereon, and the rules and regulations adopted or promulgated under or pursuant to the foregoing laws.

Section 18. Breach and Default by Licensee.

A. All covenants and agreements contained in this License are declared to be conditions of this License, and to the term for which the Premises are licensed to Licensee.

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6 I:\cmo\Agreements\Dawg Social License Agreement FY22-0130.docx-la B. Should Licensee fail to perform or comply with any covenant, condition or agreement contained in this License (a “Default”), which by its nature is reasonably and practically subject to cure, and the Default is not cured within fifteen (15) days after written notice of the Default is served on Licensee by City, then Licensee shall be in breach of this License.

C. If the default is one which the Parties determine requires more than fifteen (15 ) days to cure, Licensee commence action to cure within such fifteen (15) days and prosecute such cure diligently until completion within a reasonable time. Licensee’s failure to complete such cure within a reasonable time shall also constitute a default by Licensee.

D. The Parties acknowledge and agree that Licensee ’s failure to perform or comply with any covenant, condition, or agreement in this License may be of such a one-time nature that such a Default is not subject to cure (e.g. Licensee’s failure on a given day to abide by the hours of operation permitted by this License) (a “One -Time Default”). In such an event, City s hall provide written notice to Licensee within five (5) business days of City’s knowledge and determination of the occurrence of a One-Time Default. City’s provision to Licensee of three such One-Time Default notices during the term of this License for Licensee’s failure to perform or comply with the same (or similar) covenant, condition or agreement contained in this License shall constitute a breach by Licensee of this License.

Section 19. Amendment; Waiver. No term or provision of this License may b e amended, altered, modified, or waived orally or by course of conduct, but only by an instrument in writing signed by a duly authorized officer or representative of each Party. No waiver by either Party of any provision of this License, or waiver of any breach of this License, shall be deemed to be a waiver of any other provision of this License, or of any subsequent breach by either Party of the same or any other provision of this License.

Section 20. Governing Law; Venue . This License is to be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflicts of laws. Any action by a party to this Agreement to enforce or interpret the terms hereof shall be maintained in the courts in San Bernardino County.

Section 21. Attorneys’ Fees. If either Party to this License brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in such action, on trial or appeal, shall be entitled to reasonable attorneys’ fees to be paid by the non-prevailing party as fixed by the court.

Section. 22. Counterparts. This License Agreement may be executed in counterparts, each of which is an original but all of which together constitute but one and the same instrument.

Section 23. Severability. If any particular provision of this License is held invalid or unenforceable for any reason by a court of competent jurisdiction, this License shall otherwise remain in full force and effect and shall be construed in all respects as if such invalid or unenforceable provision was omitted.

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7 I:\cmo\Agreements\Dawg Social License Agreement FY22-0130.docx-la Executed on the 18th day of April, 2023, at Redlands, California

CITY OF REDLANDS DAWG SOCIAL, LLC

________________________________ ________________________________ Eddie Tejeda, Mayor Randy Nordgren, Owner

ATTEST:

________________________________
Jeanne Donaldson, City Clerk

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City Hall

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City Council Meeting I. 16.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Second Amendment to the Public Works Contract with My Electrician Inc. for the Redlands Bowl Electrical and Theatrical Lighting Upgrade, to extend time for completion by two hundred ten (210) calendar days (Assistant City Manager Boatman)
MOTION(S):

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

I move to approve the Second Amendment to the Public Works Contract with My Electrician Inc. for the Redlands Bowl Electrical and Theatrical Lighting Upgrade Project to extend the time for completion by two hundred ten (210) calendar days.

RECOMMENDATION:

Staff recommends City Council approve the Second Amendment to the Public Works Contract with My Electrician Inc. for the Redlands Bowl Electrical and Theatrical Lighting Upgrade Project to extend the time for completion by two hundred ten (210) calendar days.

DISCUSSION:

On October 18, 2022, the City Council approved a Public Works Contract with My Electrician Inc. to construct the Redlands Bowl Electrical and Theatrical Lighting Upgrade project for an amount not-to-exceed $2,000,000. The scope of the project consists of the removal and replacement of the existing theatrical sound and lighting system, including new towers, equipment, and a new utility service to provide sufficient power.

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Recently, My Electrician Inc. notified staff that the lead time for project materials is lengthy and exceeds the contract completion deadline. Therefore, staff is recommending a contract amendment to increase the contract time for completion by two hundred ten (210) calendar days, resulting in a revised contract time for project completion of three hundred ninety (390) calendar days.

The contractor is aware of the upcoming Redlands Bowl Performing Arts season and staff has discussed various contingencies to ensure the facility is ready for use prior to the start of the season. No construction will occur during the summer season and will resume in September 2023. This is the second contract revision proposed.

ALTERNATIVES:

City Council may elect not to approve this amendment. However, electing not to approve this amendment may result in the scope of the project not being completed as planned.

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
PREPARED BY:

Jawad Naderi, Associate Engineer
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Fiscal Impact
Discussion:

Approval of this amendment has no impact on the General Fund.

Attachments
My Electrician Second Amendment
My Electrician Public Works Contract
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SECOND AMENDMENT TO PUBLIC WORKS CONSTRUCTION CONTRACT

This SECOND amendment (“SECOND Amendment”) to the Public Works Construction Contract for the Redlands Bowl Electrical and Theatrical Lighting Upgrade Project for the (“Contract”), dated October 18, 2022, by and between the City of Redlands, a municipal corporation and a general law city (“City”), and My Electrician Inc., a California Stock Coporation (“Contractor”), is made and entered into this 18th day of April, 2023.

RECITALS

WHEREAS, it is the desire of the City and Contractor to amend their existing Contract , specifically to amend the time for completion of the contract to November 30, 2023.

NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledge City and Contractor agree as follows:

AGREEMENT

Section 1. Section 3 of the contract, entitled “Time for completion,” is hereby amended to read as follows:

3 “ TIME FOR COMPLETION: The Work shall be completed within three hundred ninety (390) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.”

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

Section 3. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

IN WITNESS THEREOF, the par ties have executed this Second Amendment, to be effective as of April 18, 2023.

CITY OF REDLANDS MY ELECTRICIAN, INC.

By: _______________________________ By: ________________________________ Eddie Tejeda, Mayor Brian M. Alston, President

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk
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City Council Meeting I. 17.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the request for the serving and consumption of alcoholic beverages at Heritage Park and the Grove School property for the Farm to Fork Dinner Fundraiser supporting the Armantrout Education Foundation to be held on April 22, 2023, and determine that approval of the request is exempt from environmental review pursuant to Section 15061(b)(3) of the state’s guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):

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

I move that City Council determine that approval of the request for the serving and consumption of alcoholic beverages at Heritage Park and the Grove School property is exempt from environmental review pursuant to Section 15061(b)(3) of the state’s guidelines implementing the California Environmental Quality Act; and

1. I move to approve the request for the serving and consumption of alcoholic beverages at Heritage Park and the Grove School property for the Farm to Fork Dinner Fundraiser supporting the Armantrout Education Foundation to be held on April 22, 2023.

2. RECOMMENDATION:

Staff recommends City Council determine that approval of the request for the serving and consumption of alcoholic beverages at Heritage Park and the Grove School property is exempt from further environmental review pursuant to Section 15061(b)(3) of the state’s guidelines implementing the California Environmental Quality Act. Staff further recommends that the City Council approve the request for the serving and consumption of alcoholic beverages at Heritage Park and the Grove School Property for the Farm to Fork Dinner Fundraiser in support of the Redlands Regular Meeting of 04/18/2023
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Armantrout Education Foundation to be held on April 22, 2023.

DISCUSSION:

The Armantrout Montessori Education Foundation (Foundation) is holding a fundraising dinner to support the Foundation on April 22, 2023. The dinner will be held at Heritage Park. The Foundation is requesting permission to serve beer and wine at their fundraising dinner that will end no later than 9:00 p.m. Beer and wine may also be served on the premises of the Grove School lease-hold area within Heritage Park. This area is leased by the Grove School from the City.

The City Council's approval is necessary to authorize the consumption of alcohol for this event due to its location. Staff's approval authority is limited to only enclosed public areas in public parks as defined by Resolution No. 7559 and therefore the granting of this request is outside of the City staff's purview.

The Applicant may be required to provide the City with certificates of insurance for public liability insurance to protect against loss from liability for damages on account of bodily injury and property damage arising from the applicant’s activity. Such insurance shall include not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate of comprehensive general liability insurance, including bodily injury and property damage coverage, together with such other additional coverage as the City’s Risk Manager may determine to be prudent. Insurance coverage shall be obtained prior to the event and maintained for the duration of the applicant’s activity.

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

ALTERNATIVES:

The City Council may deny the request.

STRATEGIC PLAN:

Not applicable.

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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:

Michelle Groenke, Administrative Assistant
Fiscal Impact
Fiscal Year: 2022/2023
Discussion:

There is no fiscal impact on this event.

Attachments
Request to Serve Alcohol
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City Council Meeting J. 1.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Video Series: Working for You (Public Information Officer Baker) DISCUSSION:

For this evening's City Council meeting, staff will present a new video from the video series “Working for You: Making Redlands a Better Place.” The series highlights one employee each month, from various departments and divisions, specifically describing how that employee’s job fits into the larger mission of the City to improve residents’ lives and make Redlands a better place to live. The videos are available for viewing on the City’s website and social media platforms in addition to being shown in rotation on Redlands TV.

SUBMITTED BY:

Janice McConnell, Assistant City Manager
REVIEWED BY:

Charles M. Duggan, Jr., City Manager
Carl Baker, Public Information Officer

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City Council Meeting K. 1.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Resolution No. 8462
(Mayor to declare meeting open as a public hearing)
Public Hearing to consider Resolution No. 8462 - A request for approval of Street Vacation No. 191 to vacate
approximately 1,317 linear feet of public right-of-way adjacent to the frontage of the parcel located at the northwest corner of Wabash Avenue and Reservoir Road (identified as Assessor's Parcel Number 0174-281-13-0000) (Applicant: Terracina
Recovery, LLC) (Development Services Director Desatnik) a.

MOTION(S):

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

I move to adopt Resolution No. 8462 to vacate the portion of Reservoir Road along the frontage of the property located at the northwest corner of the Reservoir Road and Wabash Avenue intersection.

RECOMMENDATION:

On January 24, 2023, the Planning Commission reviewed the proposal and voted 6 to 0 to adopt Planning Commission Resolution No. 1611 and determined the street vacation is in conformance with the 2035 General Plan.

DISCUSSION:

A) Background
The applicant has filed an application to vacate a portion of public right-of-way approximately 1,317.5 linear feet in length (of varying widths) along the Reservoir Road right-of-way adjacent to approved Tentative Tract Map No.

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20320 (TTM 20320) (see Attachment A - Location Map and Aerial Photo). The half-width of the existing street varies from approximately 33.32 feet to 82.29 feet wide (i.e., from street centerline to the property line of the subject parcel).

The proposal would reduce the half-width to 32 feet along the frontage of TTM 20320 on Reservoir Road. The legal description and associated exhibit showing the proposed vacation area is provided in Attachment B (City Council Resolution).

The site of TTM 20230 is currently vacant and undeveloped. On January 24, 2023, the Planning Commission approved a residential subdivision project to subdivide 64.56 acres into 67 single-family residential lots plus ten lettered lots for open space and recreation purposes in a Planned Residential Development.

At the same meeting, as a component of the Planned Residential Development project, the Commission determined the proposed street vacation would be consistent with the General Plan.

The City’s Land Use Engineering Division evaluated the proposal and determined that Reservoir Road adjacent to TTM 20320 is identified as a Collector Road. Collector roads are two-lane roads with 64 feet dedicated to the right-of-way. With approval of this street vacation, the Reservoir Road right-of-way would be 64 feet wide. Therefore, the proposal is consistent with the General Plan.

On March 21, 2023, the City Council adopted Resolution No. 8462 (Attachment C) declaring its intent to vacate the subject 1,317.5 feet of public right-of-way, which initiated all noticing requirements for the requested street vacation.

B) Analysis
Pursuant to State law, the City may regulate traffic on its public streets, alleys, and walkways only to the extent expressly authorized. The law permits the City to vacate a street, alley, or walkway upon a finding supported by substantial evidence that the right-of-way is no longer needed for vehicular or pedestrian traffic and is unnecessary for present or prospective use.

C) Environmental Review
The proposal is exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines for projects where there is no possibility of any significant environmental effects. Adoption of the resolution and vacation of a portion of public right-of-way will not result in any potentially significant environmental effects.

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ALTERNATIVES:

City Council may:

1. Continue the matter to a subsequent meeting to allow for additional information.

2. Not adopt the Resolution and not approve the requested street vacation.

STRATEGIC PLAN:

Not applicable
SUBMITTED BY:

Brian Desatnik, Development Services Director
RECOMMENDED BY:

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:

Tamara Harrison, Contract Planner
Fiscal Impact
Fiscal Year: FY 2022-23
Revenue Generating: No
Appropriation Required Y/N: No
Discussion:

There is no fiscal impact associated with this request. The applicant paid the applicable application filing fee.

Attachments
Attachment A: Location Map & Aerial Photo
Attachment B-1: City Council Resolution 8462
Attachment B-2: Exhibits A and B
Attachment C - Resolution No. 8450
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S
Location Map
0 180 360
Feet
Scale
This map was produced by the City of Redlands,
Geographic Information System.

The City of Redlands assumes no warranty or
legal responsibility for the information contained
on this map.

The data used to generate this map is dynamic
in nature, therefore the information shown may
or may not be the most current.

February 15, 2023
.

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1 I:\cmo\Resolutions\8462 Street Vacation 191.docx

RESOLUTION NO. 8462

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS FINDING THAT A 1,317.5-FOOT LINEAR PORTION (VARYING WIDTHS) OF STREET RIGHT OF WAY

ALONG RESERVOIR ROAD AT THE NORTHWEST CORNER OF RESERVOIR ROAD AND WABASH AVENUE (APN: 0174-281-13-0000) IS UNNECESSARY FOR PRESENT OR

PROSPECTIVE STREET PURPOSES AND ORDERING THE VACATION OF A PORTION OF SAID EXCESS RIGHT-OF-WAY (CITY OF REDLANDS STREET VACATION NO. 191)

WHEREAS, Terracina Recovery, LLC (“Applicant”), has filed an application for Street Vacation No. 191 proposing to vacate excess street r ight-of-way along Reservoir Road that is approximately 1,317 feet in length with varying widths along the frontage of the subject property (APN: 0174-281-13-0000) at the northwest corner of Reservoir Road and Wabash Avenue, as more specifically described i n Exhibit “A” (Legal Description) and Exhibit “B” (Plat) attached hereto (the “Street Vacation”); and

WHEREAS, the City is authorized to vacate all or part of a public street easement within the City pursuant to Streets and Highway Code section 8300 et seq.; and

WHEREAS, pursuant to Streets and Highway Code section 8340, the City may, for public convenience and necessity, reserve and except public service easements from the Street Vacation; and

WHEREAS, at its meeting on January 24, 2023, the Planning Commission made a determination that the Street Vacation conforms to the City’s General Plan , as required by Government Code Section 65402; and

WHEREAS, on March 21 , 2023, the City Council of the City of Redlands adopted Resolution No. 8403 declaring its intention to vacate such portion of Reservoir Road , and set a public hearing date and time for the proposed Street Vacation; and

WHEREAS, the proposed Street Vacation is exempt from environmental review under the California Environmental Quality Act (CEQA), pursuant to section 15061(b)(3) of the CEQA Guidelines for projects where there is no possibility of any significant environmental effects; and Recording requested by and
when recorded return to:

CITY CLERK'S OFFICE

CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
(THIS SPACE FOR RECORDER'S USE ONLY)
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2 I:\cmo\Resolutions\8462 Street Vacation 191.docx

WHEREAS, pursuant to Streets and Highways Code section 8320, the Redlands City Clerk published notice in the Redlands Daily Facts, for two successive weeks prior to the hearing, and caused the posting of notices along the proposed Street Vacation two weeks prior to the date set for the public hearing, no more than 300 feet apart, with at least three notices posted; and

WHEREAS, on April 18, 2023, the City Council held a duly noticed public hearing on the Street Vacation and considered all verbal and written testimony provided by City staff and all interested persons.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:

Section 1. the proposed Street Vacation is exempt from environmental review under the California Environmental Quality Act (“CEQA”), pursuant to section 15061(b)(3) of the CEQA Guidelines for projects where there is no possibility of any significant environmental effects.

Section 2. The City Council having elected to proceed under the provisions of Streets and Highways Code Section 8300 et seq., and having held a public hearing as provided therein, finds from all evidence submitted that the Street Vacation is unnecessary for present or prospective public use, and that the public interest and convenience require the Street Vacation.

Section 3. Pursuant to Streets and Highways Code Section 8340, the City reserves and excepts from the Street Vacation a permanent easement for in -place and future public utility facilities.

Section 4. Pursuant to Streets and Highways Code section 892, the portion of Reservoir Road ( Street Vacation No. 191) to be vacated is not useful as a non- motorized transportation facility.

Section 5. Pursuant to Streets and Highways Code section 8325, the City Clerk is hereby directed to cause a certified copy of this resolution to be recorded in the official records of the county of San Bernardino.

ADOPTED, SIGNED AND APPROVED this 18th day of April, 2023.

Eddie Tejeda, Mayor
ATTEST:

Jeanne Donaldson, City Clerk

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I, Jeanne Donaldson, City Clerk of the City of Redlands hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof, held on the 18th day of April, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Jeanne Donaldson, City Clerk
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EXHIBIT A

LEGAL DESCRIPTION

[Attached]
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EXHIBIT B

PLAT MAP

[Attached]
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City Council Meeting L. 1.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the 2022 Annual Progress Reports for the General Plan and the 2021-2029 Housing Element (Development Services Director Desatnik)
MOTION(S):

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

I move that the City Council receive and file the 2022 Annual Progress Reports for the General Plan and the 2021-2029 Housing Element.

RECOMMENDATION:

Staff recommends that the City Council receive and file the 2022 Annual Progress Reports for the General Plan and the 2021-2029 Housing Element.

DISCUSSION:

Pursuant to California Government Code Section 65400, local jurisdictions are required to provide an Annual Progress Report to the California Department of Housing and Community Development (HCD) and to the Governor's Office of Planning and Research (OPR) by April 1st of each year. The reporting period covers the implementation status of the city's 2035 General Plan programs as well as the 2021-2029 Housing Element programs for the prior calendar year (2022). Staff completed the 2022 Annual Progress Reports and submitted them to HCD and OPR as required by law.

A) General Plan Implementation
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tool that will implement the Transit Villages Concept in the General Plan. The 2021-2029 Housing Element was completed in early 2022, certified by the State in September 2022, and adopted by City Council on October 4, 2022. The City Council extended the local Mills Act Program for an additional five years on October 4, 2022, which is an important tool in the City's historic preservation program. The submitted annual report is provided in Attachment A.

B) 2021 – 2029 Housing Element
The Redlands City Council adopted the 2021-2029 Housing Element on February 1, 2022. The California Department of Housing & Community Development certified the Housing Element on September 26, 2022, after incorporation of final revisions. The Redlands City Council re-adopted the certified Housing Element on October 4, 2022.

The City’s successful completion of the 6th Cycle Housing Element Update was made possible by the award of a Local Early Action Planning (LEAP) Grant from the California Department of Housing & Community Development. HCD awarded the City of Redlands a grant in the amount of $300,000 that was used to reimburse a consultant who prepared the 2021-2029 Housing Element.

The City is now pursuing additional grant funding through the REAP 2.0 grant program, in cooperation with the local regional planning agency, to help fund all or a portion of the EIR that will be necessary for certain future re-zoning actions that will implement the certified 2021-2029 Housing Element.

C) Progress of Housing Element Implementation
City staff has begun preparations for the Zoning Map amendment process that will be needed for the Housing Site Inventory List (contained in the new Housing Element), including contacting an environmental consultant that can prepare an Environmental Impact Report (EIR). City staff has also began preparing an Inclusionary Housing Ordinance and work has progressed through 2022.

This Annual Progress Report includes information on the City’s progress in meeting its Regional Housing Needs Allocation (RHNA) target for the planning period of October 15, 2021, through October 15, 2029. The Southern California Association of Governments (SCAG) allocated a total of 3,516 new housing units to the City of Redlands as its fair share of the total number of units needed to meet the forecasted population growth in the Southern California region. The allocation of units were distributed across five income categories, as summarized in the table below.

Table 1: Summary of RHNA Housing Units, by Income Category Redlands Regular Meeting of 04/18/2023
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Income Category New Units Needed
for 2021 - 2029
Extremely Low
(Less than 30% of area median income) 483
Very Low
(30% - 50% of area median income)
484
Low
(50% - 80% of area median income)
615
Moderate
(80% - 120% of area median income)
652
Above Moderate
(over 120% of area median income)
1,282
TOTAL UNITS: 3,516
Table 1: Summary of RHNA Housing Units, by Income Category For calendar year 2022, the City of Redlands has reported 102 Above Moderate income units, 7 Moderate income units, 5 Low income units, and 2 Very Low income units that were issued permits for this 2021-2029 Housing Element planning cycle thus far.

HCD requires that standardized Annual Progress Report forms be completed and submitted by local jurisdictions. The following is a summary of the City’s completed forms for 2022 (see Attachment B).

Table A includes new housing units by income level for which a discretionary application has been submitted and deemed complete during calendar year 2022.

A total of 2,095 dwelling units are reported in this category, of which 1,888 units are proposed for the Above Moderate income level (including 108 units of market-rate Senior housing for persons age 55+) and 207 units are proposed as affordable units (consisting of Very Low income units).

Table A2 includes net new housing units by income level that have received an entitlement, a building permit, or a certificate of occupancy during the calendar year.

During calendar year 2022, the City issued building permits for 116 new housing units, including 14 Accessory Dwelling Units (ADUs).

During calendar year 2022, the City provided final sign-off on building permits for 83 new housing units, including five Accessory Dwelling Units (ADUs).

Table B summarizes prior permitting activity in the current planning cycle and permitting activity for the 2022 calendar year.

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A total of 116 units reported which consist of the following income levels:
102 Above Moderate income units, 7 Moderate income units, 5 Low income units, and 2 Very Low income units.

Table C includes sites identified or rezoned to accommodate: any shortfall of housing sites from the previous planning period; to meet a shortfall of sites noted in the Housing Element; or to provide additional sites required by law to avoid no net loss under Government Section 65863. If applicable, this data would serve as an addendum to the sites inventory in the adopted Housing Element.

The City did not report any additional sites.

Table D is the report on the status of the 2021-2029 Housing Element's Implementation Program for the 2022 calendar year.

Some items and programs have already been completed, such as the adoption of the Transit Villages Specific Plan in October 2022, and the opening of the Home Key housing center in December 2022.

Other items such as work on preparing an inclusionary housing ordinance (and other draft updates to the Zoning Ordinance pertaining to various housing policies and zoning standards) are currently under way.

Table E includes commercial development bonuses approved by the City during the 2022 calendar year.

No units reported.

Table F includes units rehabilitated, preserved, and acquired for alternative adequate sites during the 2022 calendar year.

No units reported.

Table G includes locally owned land included in the Housing Element housing sites inventory that have been sold, leased, or otherwise disposed of during the 2022 calendar year.

No sites reported.

Table H includes all locally owned or controlled land declared as Surplus pursuant to Government Code section 54221 or identified as Excess pursuant to Government Code section 50569.

The city does not have any land that was declared Surplus or Excess during the reporting year.

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Table I includes dwelling units constructed pursuant to Government Code section 65852.21 (issuance of ministerial building permits for two single-family residences on a property in a single-family residential zone) and applications for lot splits pursuant to Government Code section 66411.7 (known as “SB 9” administrative Parcel Maps).

The city did not have any applications for such projects in 2022.

Table J includes student housing development for low-income students for which was granted a density bonus.

The city did not have any applications for such projects in 2022.

LEAP Grant Reporting
This table requires jurisdictions that have received the Local Early Action Planning (LEAP) grant from HCD to provide progress updates on planning efforts for housing production. The City of Redlands received a LEAP grant totaling $300,000 for the 6th Cycle Housing Element Update as well as for a portion of the Final EIR related to the Transit Villages Specific Plan.

The City has expended a total of $240,421.86 and has been reimbursed $193,536.14 thus far. Additional reimbursements from the State are pending, and the remaining available LEAP funds total $59,618.14.

ALTERNATIVES:

Not applicable.

STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

Brian Desatnik, Development Services Director
RECOMMENDED BY:

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

Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Brian Foote, City Planner/Planning Manager
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Fiscal Impact
Fiscal Year: 22-23
Revenue Generating: No
Appropriation Required Y/N: No
Discussion:

No fiscal impact is associated with the preparation of the 2022 Annual Progress Reports.

Attachments
Attachment A: General Plan Annual Progress Report
Attachment B: Housing Element Annual Progress Report
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Jurisdiction Redlands ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted 1 - 2 - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted 6 1 5 - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted 6 6 7 - - - - - - - Above Moderate 1,282 332 5 102 - - - - - - - 439 843 3,516
345 12 116 - - - - - - - 473 3,043 5 6 7
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date
Total Units
Remaining
484 - - - - - - - - - - 484 603
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
633
3 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
19 Moderate
967
615
652
Please contact HCD if your data is different than the material supplied here 12 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
964
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Jurisdiction Redlands ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate- Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
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Jurisdiction Redlands
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation

1.1-1 RHNA Rezoning Within three years of Housing Element adoption, rezone land to provide adequate
capacity for at least 4,219 units on suitable
sites.
- 1,898 very low and low income units
- 782 moderate Income units
- 1,538 above moderate income units
The rezoning program would rezone a
minimum of 119 acres and provide for 30
du/ac with a minimum density of 20 du/ac
for lower-income sites. Each site will be
able to accommodate a minimum of 16
units. The City will incorporate a
replacement housing provision for any sites
with existing residential use and will permit
multifamily uses without discretionary
action.

This program shall comply with all
applicable provisions of Government Code
section 65583.2.

Oct-24
In progress
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
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1.1-2 Voter Measure
Analysis
The City will conduct a detailed legal
analysis of all aspects of Measure U, and
any future voter measures, to evaluate the
consistency of the Measure(s) provisions
with State housing laws. The City will
interpret voter measures, and take any
other action as necessary, in a manner that
facilitates compliance with the RHNA,
addressing constraints on housing and
other State housing laws, and will adopt
City policies accordingly.

Dec-23
In progress

1.1-3 Transit Villages
Specific Plan
Adopt the Transit Villages Specific Plan by
the end of 2022 to allow for greater
residential development around the three
new light rail stations, and implement
objective design standards with a form-
based code. Use the TVSP to facilitate
smart-growth planning principles, downtown
revitalization, and infill development. The
TVSP will allow for residential densities per
the 2035 General Plan and6th Cycle
Housing Element and allow multi-family
residential uses. TVSP area is a total of 947
acres. Draft TVSP use list allows multiple
housing types by-right (Permitted use)
including supportive and transitional
housing. This program shall comply with all
applicable provisions of Government Code
section 65583.2.

Dec-22
Completed. Transit Villages Specific Plan adopted on 10/18/2022.

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1.1-4 By-Right Approval of
Projects with 20 Percent
Affordable Units on “Reused”
Site
Pursuant to AB 1397, amend the Zoning
Ordinance to require by-right approval of
housing development that includes 20
percent of the units as housing affordable to
lower-income households, on sites being
used to meet the 6th Cycle RHNA that
represent “reuse sites” previously identified
in the 4th and 5th Cycles Housing Element,
and on sites that are being rezoned to
accommodate the lower-income RHNA.

This program shall comply with
allapplicable provisions of Government
Code section 65583.2.

Oct-24
Not yet started

1.1-5 No Net Loss
Monitoring
Pursuant to SB 166 (No Net Loss), the City
will develop a procedure to track:
• Unit count and income/affordability
assumed on parcels included in the sites
inventory.
• Actual units constructed and
income/affordability when parcels are
developed.
• Net change in capacity and summary of
remaining capacity in meeting remaining
RHNA.

Development of the
procedure by October 2022,
ongoing maintenance
thereafter
Not yet started

1.1-6 Minimum Densities Amend the Zoning Ordinance to establish minimum densities for residential and
mixed-use zones to ensure that residential
projects are developed close to their
maximum densities (70% of the maximum
allowed by base-zoning).

Oct-24
Not yet started

1.1-7 Achieving the General
Plan Densities
Amend the zoning ordinance and
development standards to ensure it is
consistent with the Redlands 2035 General
Plan. Specifically, ensure each
implementing zone allows up to the
maximum permitted by the General Plan,
pursuant to AB 3194.

Oct-24
In progress
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1.1-8 Development of Non-
Vacant Sites
Establish an outreach and coordination
program through the Economic
Development Division to connect
developers, builders, and owners of non-
vacant sites. Program shall:
(1) Emphasize reaching out to owners of on-
vacant sites to discuss any interest in
redeveloping and available incentives.
(2) Marketing and advertising these sites to
the development community along with any
incentives that might be available.
(3) Establish quarterly meetings with
developers and builders.

Initiate by October 2022, and
maintain throughout planning
period on a quarterly basis.

Not yet started
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1.1-9 Lot Consolidation and
Small Site Development
Planning Staff will develop a menu of
possible incentives for lot consolidation and
bring the matter to the City Council for
decision. The incentive package is intended
to achieve orderly development, improve
pedestrian activity, and implement the
goals, policies, and objectives of the
Housing Element.

The resulting lot consolidation incentive
program will include an annual outreach
component to contact property owners and
potential developers of housing affordable
to lower income households.

The following incentives will be brought
forward by Staff for consideration by at the
discretion of the (Planning Commission/City
Council):
(1) Parking reduction
(2) Alternative parking arrangements
(3) Signage bonus. City shall advertise and
promote lot consolidation provisions to
existing property owners and prospective
mixed-use developers.

Develop incentives by
October 2022 and adopt
Zoning Ordinance
Amendment by October
2023; outreach conducted
annually
Not yet started
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1.1-10 Reuse of Single-
Family Dwelllings
The City will perform annual outreach to
property owners of single-family dwellings
in multi-family districts to make them aware
of the opportunity to convert the single-
family building to a multi-family building.

Specific and enhanced outreach will be
targeted to residents in high opportunity
areas, particularly in South Redlands.

Single-family dwellings in the R-2, R-2-
2000, and R-3 districts are eligible for
reuse. City will provide technical assistance
with planning and permitting.

The City will amend development standards
to prevent non-conforming situations during
reuse of single-family dwellings.

Initiate outreach in 2023.

Amend development
standards in 2023.

Not yet started

1.1-11 Housing Overlay for
Educational and Religious
Properties
The City will establish a housing overlay
district which would permit housing as an
accessory use on educational and religious
parcels. The overlay includes approximately
673 acres on 171 parcels in the City.

The overlay will have an inclusionary
requirement to promote affordable housing,
and will be studied in conjunction with
Program 1.3-2. The City will conduct
outreach through website information and
property owner outreach on an annual basis
to inform property owners of the Housing
Overlay. The City will provide technical
planning and entitlement assistance to
applicants.

Oct-23 Not yet started

1.2-1 Emergency Shelters
Update the zoning ordinance to amend
standards for emergency shelters to comply
with recent changes to state law (AB 139).

Oct-23 In progress
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1.2-2 Low Barrier Navigation
Centers
Update the zoning ordinance to provide
opportunities for Low Barrier Navigation
Centers to comply with recent changes to
state law (AB 101).

Oct-23 In progress

1.2-3 Transitional and
Supportive Housing
Update the zoning ordinance to comply with
changes to state law regarding Transitional
and Supportive Housing, including allowing
supportive housing by-right in zones where
multifamily and mixed uses are permitted,
pursuant to Government Code section
65651. (SB 745 and AB 2162).

Oct-23 In progress

1.2-4 SRO Ordinance
Adopt a Single Room Occupancy (SRO)
ordinance to provide additional housing
opportunity for low- and very low-income
households near the planned
Metrolink/Arrow light rail stations.

Oct-22 In progress

1.2-5 Group Homes
Review zoning provisions for large group
homes (7+ persons) and implement
mitigating strategies to remove potential
constraints on the production of large group
homes. Ensure zoning standards facilitate
approval certainty and objectivity in the
development of large group homes.

Amend the Zoning Ordinance to allow
group homes in all zones that allow
residential uses.

Amend Zoning Ordinance to clarify group
homes/ community care facilities of 6 or
fewer people do not need to be licensed by
the State.

Oct-22 In progress

1.2-6 FAR based
development fees
Study and consider FAR based
development fees (as opposed to unit
based fees) to create financial incentives
for the creation of additional units.

Jun-25 Not yet started
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1.2-7 Amend Development
Standards
Amend parking requirements, open-space
standards, and setbacks for multi-family
properties to further incentivize and
encourage higher density development.

Dec-23 Not yet started

1.2-8 Ballot Measures:

SECBS
Ensure that Socio Economic Cost Benefit
Studies are reviewed and analyzed in an
objective manner. Develop objective
standards and thresholds for the SECBS
checklist.

By October 2024, complete a City-initiated
study that evaluates the effectiveness of
measures and consider alternative actions
if needed.

Oct-23 Not yet started

1.2-9 Ballot Measures:

Environmental Impacts
Clarify and implement the "no
environmental impact" provision of the
ballot measures to allow and mitigate
potentially significant impacts as allowed by
CEQA .

Oct-23 Not yet started

1.2-10 Objective Desiign
Standards: SB 330
Pursuant to SB 330, review and revise
development standards and design
guidelines by the end of 2023 to ensure City
requirements are objective, neutral, and
feasible. Prior to the adoption of objective
standards, City will continue to apply current
standards in an objective manner.

Dec-23 Not yet started

1.2-11 Density Bonus
Update
Amend the Density Bonus Ordinance to
comply with recent changes to state law
(AB 2345).

Oct-24 Not yet started

1.2-12 Mixed Uses in
Commercial Zones
Amend the City's C-3, C-4, and A-P zones
to create objective standards for mixed-
uses and facilitate the redevelopment of
commercial sites to mixed-use.

Oct-24 Not yet started

1.2-13 Remove CUP
Requirement for Multi-Family
Developments
Amend the zoning ordinance to remove the
conditional use permit requirement for multi-
family developments of 35 units or more.

Oct-24 In progress
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1.2-14 Waive preapplication
fee for affordable housing
projects
Mitigate non-governmental and financial
constraints by waiving pre-application
meeting fees and providing technical
assistance to housing projects that propose
to provide below market-rate units.

Provide expedited processing for projects
that propose low-income, extremely low-
income, or special needs units.

Oct-22 In progress

1.2-15 Non-governmental
constraints. Environmental
Information Mapped
Continue to provide information and maps
of known environmental constraints at the
planning and zoning counter to provide
additional clarity and certainty and mitigate
non-governmental constraints for project
applicants.

On-going On-going

1.2-16 Floodplain
Development
Review the City’s development standards
(such as setbacks, lot dimensions, etc.)
within the floodplain to reduce the need for
variances for projects needing to elevate
structures to meet FEMA floodplain
requirements. Current code requires
buildings to be sited near the sidewalk for
urban development, however this presents
challenges with elevating building pads out
of the flood zone.

Dec-23 On-going; Transit Villages Specific Plan adopted on 10/18/2022 and is being implement (on-going).

1.2-17 Definition of Family
Amend the definition of family to comply
with state law. Dec-22 In progress
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1.2-18 Employee and
Farmworker Housing
Pursuant to Health and Safety Code section
17021.5, define and permit employee
housing in compliance with the Employee
Housing Act. Revise zoning to allow
farmworker housing in all agricultural zones
throughout the City.

Pursuant to Health and Safety Code section
17021.6, employee housing for six or fewer
employees is treated as a single-family
structure and permitted in the same manner
as other dwellings of the same type in the
same zone. Employee housing consisting
of no more than 12 units or 36 beds to be
permitted in the same manner as other
agricultural uses in the same zone. Revise
zoning to allow employee housing in all
applicable zones throughout the City.

Dec-22 In progress

1.2-19 Streamlined
Ministerial Approval Permit
Procedures
The City will review its approval processes
to ensure it accommodates streamlined
applications, pursuant to Senate Bill 35.

On-going On-going

1.2-20 Extend Affordability
Covenant Time Length
The City will extend the affordability
covenant time length from 55 years to 99
years.

Oct-23 In progress

1.2-21 Proportional Impact
Fees
The City will revise its development impact
fees for residential uses so that the fee is
proportional to the size of the unit. The City
will also provide an explanation of each fee
to comply with transparency provisions of
AB 602 and AB 1483.

Dec-23 Not yet started
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1.3-1 Surplus Lands
Annually review and assess City-owned
properties and determine if they are
considered "surplus lands" pursuant to the
Surplus Lands Act. Dispose of any surplus
property pursuant to the act and HCD
guidance. City will initiate zone changes
when dispensing of surplus land to facilitate
housing development for extremely low,
low, and moderate income households. The
City will provide technical planning
assistance to the acquiring party to facilitate
efficient permit processing and will inform
the acquiring party of all available
incentives, i.e., lot consolidation, density
bonus, etc.

Annually review City-owned
parcels; perform appropriate
rezoning as parcels are
dispensed. Seek to dispense
or lease parcels twice in the
planning period.

On-going

1.3-2 Inclusionary Housing
Ordinance
Conduct a feasibility study on the financial
viability and potential of an inclusionary
housing ordinance. If appropriate and
financially feasible, adopt an inclusionary
ordinance to require the development of
housing units for extremely low, low, and
moderate income households.

Complete feasibility study by
October 2023; bring forward
inclusionary ordinance within
6 months of study
completion.

Draft feasibility study completed; Planning Commisison public hearings on-going in early 2023; City Council hearing in mid-2023.

1.3-3 Displacement
Prevention (SB 330 and AB
1397)
Pursuant to State law, amend the Zoning
Ordinance by the end of 2022 to require the
replacement of units affordable to the same
or lower income level as a condition of any
development on a non-vacant site
consistent with those requirements set forth
in the State Density Bonus Law.

Dec-22 In progress

1.3-4 Priority Water and
Wastewater Service for
Affordable Housing
Developments
Adopt written policies and procedures
consistent with State law. Oct-22 Not yet started
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1.3-5 Rental Inspection
Program / Landlord
Registration
The Rental Inspection Program enhances
the quality of rental properties and thereby
the quality of life for tenants throughout the
City and ensures that all rental properties
are maintained in accordance with City
standards. City inspectors inspect rental
properties for exterior code violations and
will issue corrective reports to property
owners/landlords. Examples of reportable
issues include: roof leaks, unsafe fire
conditions, unsafe stairs, unmaintained
landscaping or parking/driving areas.

On-going On-going

1.3-6 Outreach and
Education
Educate and inform landlords about AFFH
through continuation of the Crime Free
Program. Provide information and
educational materials for Housing Choice
Vouchers, foreclosure assistance
programs, the state’s new source of income
protection (SB 329 and SB 222) on the City
website and at the public counter.

Initiate by October 2022.

Provide materials on an on-
going basis. The website will
be updated annually.

In progress

1.3-7 Homeless Support
Administer CDBG funds received from the
County to service providers including local
nonprofits.

Prioritize funds that will assist with the
development of housing for the unhoused
population.

On-going On-going; Redlands Home Key homeless housing center opened in December 2022.

1.3-8 Homeless Assistance
Program
Continue the operation of homeless
assistance program through the Police
Department. Assist in connecting homeless
individuals to local service providers, as
well as continue to fund for shelter beds
with available grant funding and donations.

On-going On-going; Redlands Home Key homeless housing center opened in December 2022.

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1.3-9 Facilitate Tenant
Protection Act of 2019 (AB
1482 ) Compliance
Ensure compliance with new state tenant
protection measures, including maximum
annual rent increases, just cause evictions,
and financial compensation requirements to
stabilize residents living in areas at risk of
displacement, including the area of high
segregation and poverty in downtown
Redlands.

In coordination with Program 1.5-11,
provide information to landlords and tenants
regarding tenant protections and post
information online and in community
centers.

Ongoing.

Post information within 6
months of housing element
adoption.

Distribute materials at
outreach events twice
annually.

Completed and on-going. Information for landlords tenants is provided on city's Housing webpage, and updated as needed (implementaiton is on-going).

1.3-10 Project HomeKey:

Supportive and Affordable
Housing
They City will establish 98 supportive
housing units by converting an existing
motel. The City has executed a
Memorandum of Understanding with
Shangri-La Industries (motel owner) and
Step-Up on Second (supportive services
operator).

Begin housing operations in
2024 or as soon after
construction as possible
Completed. Redlands Home Key homeless housing center opened in December 2022 and began housing the target poulation in January 2023.

1.3-11 Housing Solutions
Coordinator
The City will establish a position for a
Homeless Solutions Coordinator (HCS).

The HCS will collaborate with existing non-
profits and county agencies to connect both
transitory and chronically homeless
individuals with resources and services,
including housing, education, job
assistance, medical services, and
substance abuse counseling.

Fill HCS position by October
2022 Position is filled.

1.3-12 Single Room
Occupancy
See program 1.2-4.
(Adopt a Single Room Occupancy (SRO)
ordinance to provide additional housing
opportunity for low- and very low-income
households near the planned
Metrolink/Arrow light rail stations.)
Oct-22 In progress
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1.4-1 Preservation of at-risk
housing
The City has an inventory of 120 publicly
assisted housing units affordable to lower
income households. These units are deed
restricted for long-term affordability.

Between October 15, 2021 and October
2029, 60 publicly assisted units at the Citrus
Arms development are on a 5-year contract
which has historically been renewed,
however are considered at risk of
converting to market rate housing.
- Monitor Project Status Annually
- Ensure property owners comply with
extended noticing requirements under state
law.
- Include preservation as an eligible use in
notices of funding availability.
- Proactively coordinate with qualified
entities.
-Assist with funding or support funding
applications.
-Educate, support and assist tenants.

Annually On-going

1.4-2 Rehabilitate and
improve condition of existing
affordable housing stock
Make available on the City website and at
the Planning Department information on
programs and resources available to
property owners for assistance with home
repairs and improvements. Direct
information to property owners in low
resource areas by conducting outreach
once annually.

On-going On-going
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1.5-1 Place Based
Improvements
The City applies for and receives an annual
allocation of CDBG funds from the County.

These funds are used to install and
upgrade public facilities (sidewalks,
alleyways, ADA accessibility improvements)
in lower income neighborhoods or where
civic services are offered.

Prioritize CDBG funds for the development
of low income housing and special needs
housing, with place based improvements
surrounding those projects.

Specific improvements the City plans to
undertake are:
• Development of a 98-unit permanent
affordable housing complex complete with
supportive services (FY 23).
• Citywide street repaving project prioritized
based on road condition (ongoing).
• Renovations to Texonia Park (north
Redlands) (FY ’23).
• Creation of a football field at Crafton Park
(FY ’23).
• Restroom structure replacement at Sylvan
Park (north Redlands) and Ford Park (east
Redlands) (FY ’23). As noted in
Program 1.1-3. Place-based improvements
from the Transit Village Specific Plan
include:
• Pedestrian and bicycle connections
between the train station and the
neighborhoods located north of the freeway
in the New York Street Station area
• Completing the Orange Blossom Trail
Annually apply for CDBG
funds, specific place based
CIP projects per the CIP
schedule
Transit Villages Specific Plan completed and adopted on 10/18/2022, and implementaiton is on-going (through individual development project proposals and various City capital improvements when feasible).

1.5-2 Coordinate with Inland
Fair Housing and Mediation
Board
Continue to utilize the County's contract
with the Inland Fair Housing and Mediation
Board to provide fair housing services,
testing, and resources to residents of
Redlands.

On-going On-going
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1.5-3 Promotion of Fair
Housing Information
Publicize Fair Housing Information,
including information about tenants’ rights,
landlord requirements, and recent litigation
on the City's website, social media
platforms, and through physical promotional
material (e.g., flyers, posters).

On-going Completed. Fair Housing information provided on city's Housing webpage, and updated as needed (implementaiton is on-going).

1.5-4 Expand fair housing
outreach in communities with
disproportionate needs
Amend and expand fair housing outreach to
facilitate dialogue with communities facing
disproportionate needs.

Host a community feedback meeting
annually to obtain resident feedback on
community planning issues, fair housing
topics, and ongoing City programs.

On-going On-going

1.5-5 Fair Housing Reporting
Acquire and analyze data from Inland Fair
Housing and Mediation Board annually to
review potential areas of fair housing
issues.

On-going On-going

1.5-6 Regional Coordination
Participate in regional efforts and
coordination to respond to discrimination
and fair housing issues and monitor
progress towards addressing impediments
to fair housing choice.

On-going On-going

1.5-7 Enforcement of Fair
Housing Laws
Accept Fair Housing violation complaints
and forward to the Fair Housing and
Mediation Board for enforcement.

On-going On-going

1.5-8 Increasing Residential
Development and
Opportunity in Transit
Accessible and Smart
Growth Areas
Increasing Residential Development and
Opportunity in Transit Accessible and
Smart Growth Areas
2023 Completed; Transit Villages Specific Plan adopted on 10/18/2022 and being implemented (on-going).

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1.5-9 Mobile Home Park
Preservation
Continue to implement the Mobile Home
Rent Control ordinance to prevent
displacement of lower-income and at risk
populations.

On-going On-going

1.5-10 NOFA / Nonprofit
Housing Development
Identify funding from federal, State, and
local sources to expand affordable housing
opportunities within the City and share
these opportunities with local service
providers and the development community.

Prioritize these opportunities to identified
developers of low-income housing and
supportive housing.

Identify and share
information by October 2022.

Provide materials on a
quarterly basis.

Not yet started

1.5-11 Provide training for
multi-family housing
landlords
Continue to provide 2-day Crime-Free Multi-
Housing/Rental Property Training to multi-
family landlords in the City to educate
landlords on a wide range of issues
including eviction process, Fair Housing
issues, tenant screening, acceptance of
HCVs as a legitimate source of income,
and others. Ensure that landlords are aware
of new source of income discrimination
laws.

On-going On-going

1.6-1 Educational Campaign
and Information
Promote information and tools available to
facilitate ADU construction. Provide easily
accessible information on the City's
website, at the zoning counter. Coordinate
with SBCTA to utilize regional resources
and adopt policies, procedures, and
standards consistent with neighboring
jurisdictions to streamline ADU applications.

Encourage ADU and SB 9 production in
southern Redlands and high resource
areas.

Identify information
resources and tools by
October 2022 and provide
information on an ongoing
basis.

Completed. ADU information provided on city's Planning Division's webpage, including current State law, and updated as needed (on-going).

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1.6-2 Pre-Approved Plan
Sets
Make a variety of pre-approved ADU plan
sets available to facilitate reduced applicant
cost and expedited review for ADUs.

Ensure example plans provide choices and
diversity in size to accommodate a variety
of household sizes and types.

Oct-22 Completed. ADU information provided on city's Planning Division's webpage, including links to pre-approved building plans (on-going).

1.6-3 Updated ADU
Regulations to meet state
law
Amend the Zoning Ordinance to address
multiple recent changes to state law
regarding ADUs (including AB 587, AB 671,
AB 68, and SB 13). Monitor state law on an
ongoing basis and revise the Zoning
Ordinance as appropriate.

Oct-24 In progress

1.6-4 ADU Tracking and
Monitoring
Annually monitor the development and
affordability of ADUs. If trends indicate a
potential shortfall in meeting the estimated
ADUs in the sites inventory, consider
additional efforts to incentivize ADU
production and reassess and revise the
overall sites strategy for the RHNA within
one year through adjusting ADU capacity
assumptions with actual permitted units,
and/or identifying additional sites to expand
site capacity to the extent necessary to
accommodate the RHNA.

On-going On-going

1.7-1 Reclaimed Water
Continue to require the installation of
reclaimed water infrastructure by new
development when feasible.

On-going On-going

1.7-2 Lighting Efficiency
Make available and distribute informational
materials during the building permit process
about energy-efficient lighting for residential
buildings.

Ongoing activity, post
information on City website
by October 2022
On-going

1.7-3 Pursue Energy
Efficient/Alternative Energy
Funding
Increase efficiency and pursue alternative
energy opportunities. On-going On-going
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General Comments
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Jurisdiction Redlands ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+.

For detailed reporting requirements, see the chcklist
here:

Extremely Low-
Income+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
https://www.hcd.ca.gov/community-
development/docs/adequate-sites-checklist.pdf
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
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Jurisdiction Redlands
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Current Year
Deed Restricted 0
Non-Deed Restricted 2
Deed Restricted 0
Non-Deed Restricted 5
Deed Restricted 0
Non-Deed Restricted 7
109
123
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 95 78
2 to 4 0 0 0
5+ 0 0 0
ADU 0 14 5
MH 0 0 0
Total 0 109 83
9 2,095
865
0 0
0 0
0 Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
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City Council Meeting L. 2.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Acceptance of the FY22 Emergency Operations Center Grant Program subrecipent award in the amount of $712,500, for the City of Redlands Emergency Operations Center improvement project, and approve an additional appropriation for the same (Fire Chief Sessler)
MOTION(S):

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

I move to approve the subrecipient award in the amount of $712,500 from the FY22 Emergency Operations Center Grant Program for the City of Redlands Emergency Operations Center Improvement Project, and approve an additional appropriation for the same.

RECOMMENDATION:

Staff recommends the City Council approve the FY22 Emergency Operations Center Grant Program in the amount of $712,500 for the City of Redlands Emergency Operations Center Improvement Project, and approve an additional appropriation for the same.

DISCUSSION:

The FY022 Emergency Operations Center (EOC) Grant Program is intended to improve emergency management and preparedness capabilities by supporting flexible, sustainable, secure, strategically located, and fully interoperable EOCs with a focus on addressing identified deficiencies and needs. Fully capable emergency operations facilities at the state and local levels are an essential element of a comprehensive national emergency management system and are necessary to ensure continuity of operations and continuity of government in major disasters or emergencies.

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major disasters or emergencies.

In September 2021, the City of Redlands submitted a grant proposal to the Community Funding Project Program administered by Congressman Pete Aguilar's Office before submitting to CalOES. The grant proposal included a renovation plan for the Redlands Emergency Operations Center.

Having an adequate Emergency Operations Center (EOC) enables inter-jurisdiction coordination and response to emergencies within the Redlands community and surrounding areas. There is an urgent need to remodel and organize the space at the existing EOC so that it functions as an efficient emergency operations center. The proposed improvements include reconfiguring the area for better use of space and to convert the space into a multi-use room for activities such as training, in addition to an emergency response area. Having a multi-use function will help staff/EOC responders be familiar with the room and equipment, which will minimize issues of non-familiarity or equipment failure when an incident or emergency occurs.

Upgrades will include modern workspaces for EOC responders, IT/computer and audio visual system upgrades, furniture, equipment, electrical upgrades, and general facility improvements.

ALTERNATIVES:

Not accept award from the Emergency Operations Center Grant Program.

STRATEGIC PLAN:

Priority B - Public Health & Safety
SUBMITTED BY:

Rich Sessler, Fire Chief
RECOMMENDED BY:

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

Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Bruni Reyes, Management Analyst
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Fiscal Impact
Fiscal Year: 2023-2024
Revenue Generating: Y
Appropriation Required Y/N: Y
Discussion:

The total cost for the Emergency Operations Renovation Project is $950,000.

The FY2022 Emergency Operations Center Grant Program has a cost share requirement of 25% of the total of all project costs. For this project the match will be $237,500. The non-federal entity contribution can be cash (hard match) or in-kind (soft match), such as costs for personnel to oversee the project, or a combination of the two. The Fire Department will be able to charge staff hours as in-kind hours towards the required match, which will decrease the cash match. In addition, there are sufficient funds in the department budget to meet the cash match requirement.

Attachments
Award Letter
Additional Appropriation
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City Council Meeting L. 3.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Public Works Contract with Matich Corporation for the Pavement Management Program (PMP) 2022 Street
Resurfacing Project for an amount not-to-exceed $4,970,068, approval of a $970,068 additional appropriation from the unassigned PARIS Fund, and determination that the Project is categorically exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move that the City Council determine approval of the contract and construction of the PMP 2022 Street Resurfacing Project is categorically exempt from environmental review in accordance with Section 15301 of the State’s guidelines implementing the California Environmental Quality Act; and

1. I move that the City Council approve the PMP 2022 Street Resurfacing Project Plans and Specifications, and award a construction contract to Matich Corporation for an amount not-to-exceed $4,970,068; and

2. I move City Council approval of a $970,068 additional appropriation from the PARIS Fund.

3. RECOMMENDATION:

Staff recommends City Council determine approval of a contract and construction of the PMP 2022 Street Resurfacing Project is categorically exempt from environmental review in accordance with Section 15301 of the State’s guidelines implementing the California Environmental Quality Act. Staff further Redlands Regular Meeting of 04/18/2023
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recommends City Council approve the PMP 2022 Street Resurfacing Project Plans and Specifications, award a construction contract to Matich Corporation for an amount not-to-exceed $4,970,068, and authorize an additional appropriation of $970,068 funded by unassigned PARIS Fund.

DISCUSSION:

Upon completion of the Pavement Accelerated Repair Implementation Strategy (PARIS) program in December 2020, staff began developing a strategy to pave the remaining 1/3 of City streets, while performing the necessary preventative maintenance on the 2/3 of City streets that were previously rehabilitated. In July 2019, City Council approved an agreement with Bucknam Infrastructure Group, Inc. (Bucknam) to evaluate the condition of pavement throughout the City and update the PMP database. The condition of City street surfaces was evaluated and rated, and the projected life cycle for each was determined. The PMP 2020 identifies a schedule for maintenance and reconstruction of City streets at the appropriate time intervals in order to extend their overall life expectancy in the most efficient and economical manner. In addition, the PMP 2020 establishes a comprehensive process to prioritize the rehabilitation of the City’s street system and is a powerful tool to determine how best to utilize the City’s available financial resources.

The updated PMP 2020 includes a project forecasting strategy developed by Bucknam that follows the PMP maintenance and rehabilitation project budgets and addresses the specific needs of each street. Staff utilized the PMP 2020 to prepare plans and specifications for the PMP 2022 Street Resurfacing Project (Project), which includes resurfacing approximately thirty-seven (37) lane miles of streets, selective replacement of curb and gutter, and striping replacement. A Location Map is provided as Attachment "D". All known utility agencies operating within the City have been contacted to coordinate construction activities within the Project limits.

Staff prepared plans and specifications and advertised the Project on February 22, 2023. On March 15, 2023, the City Clerk’s office received and opened the following three (3) bids for the Project:

BID OPENING REPORT SUMMARY
Bidder Bid Amount
Matich Corporation, Highland, CA $4,970,068.00
All American Asphalt, Corona, CA * $5,975,126.00
Hardy & Harper, Inc., Lake Forest, CA * $6,405,687.95
*An arithmetic error was discovered in the bid proposal. The total bid amount was corrected and Redlands Regular Meeting of 04/18/2023
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*An arithmetic error was discovered in the bid proposal. The total bid amount was corrected and highlighted in the attached bid analysis to identify arithmetic errors. The errors did not affect ranking.

Each bid was reviewed by staff to determine responsiveness to bid requirements and Matich Corporation was determined to be the lowest responsive bidder.

Staff recommends awarding a construction contract to Matich Corporation for an amount not-to-exceed $4,970,068.00. The Project will be completed within one hundred fifty (150) calendar days after the date of issuance of a Notice to Proceed to the Contractor.

This project is categorically exempt from environmental review in accordance with Section 15301 of the State's guidelines implementing the California Environmental Quality Act as the Project involves rehabilitation and maintenance of existing streets and there is no expansion to the existing use.

ALTERNATIVES:

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

STRATEGIC PLAN:

Priority D:

Objective 3. Infrastructure - Engineer and construct transportation facilities to accommodate all potential users – motorists, cyclists and pedestrians.

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
Goutam K. Dobey, City Engineer
PREPARED BY:

Gerard Nepomuceno, Civil Engineer
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Fiscal Impact
Fiscal Year: FY 2022-23
Appropriation Required Y/N: Yes
Amount: $970,068
Budgeted Y/N: Yes
Account No.: 211910
Discussion:

The FY 22/23 PARIS Project budget (211910) includes $4,000,000 for this project and approval of this construction contract requires an additional appropriation of $970,068 from the PARIS Fund (211). The current projected unassigned balance for the PARIS Fund is $1,700,000 as of June 30, 2023.

Attachments
A. Matich Public Works Contract
B. Bid Opening Report
C. Bid Analysis
D. Location Map
E. Additional Appropriation Form
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1 I:\cmo\Agreements\Matich Public_Work_Contract FY 22-0144.doc-la

PUBLIC WORK CONSTRUCTION CONTRACT

This Public Work Construction contract (“Contract”) is made and entered into this 18th day of April, 2023, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the S tate o f California (hereinafter “City”), and Matich Corporation, a California Stock Corporation (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

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

1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: PMP 2022 Street Resurfacing Project , complete all items as required by the Contract Documents (as he rein d efined) and Specifications for City’s PMP 2022 Stree t Resurfacing Project, Project No. 211006 (the “Work”).

2. CONTRACT SUM: City shall pay Contractor four million nine hundred seventy thousand sixty- eight dollars ($4,970,068) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.

3. TIME FOR COMPLETION: The Work shall be completed within on e hundred fifty ( 150) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.

4. LIQUIDATED DAMAGES: Contractor’s failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of one thousand dollars ($1,000) for each consecutive calendar day in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that one thousand dollars ($1,000) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs.

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

6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled t o recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.

7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Redlands Regular Meeting of 04/18/2023
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2 I:\cmo\Agreements\Matich Public_Work_Contract FY 22-0144.doc-la Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.

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

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

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

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

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3 I:\cmo\Agreements\Matich Public_Work_Contract FY 22-0144.doc-la IN WITNESS WHEREOF, the P arties hereto have executed this Contract the day and year first written above.

CITY OF REDLANDS
(SEAL)

By:____________________________________
Eddie Tejeda, Mayor
ATTEST:

____________________________________
Jeanne Donaldson, City Clerk
(SEAL)

Matich Corporation___________
Name of Contractor

By:_______________________________________
Signature of Authorized Agent

Jason G. Jones, Vice President_______
Title

__________________________________________
Signature of Authorized Agent (if necessary)

__________________________________________
Title

__________________________________________
Contractor's License No.

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WORKER'S COMPENSATION INSURANCE CERTIFICATION

Description of Contract: City of Redlands
Municipal Utilities and Engineering Department
PMP 2022 Street Resurfacing Project
Project No. 211006

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 th e 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 insur ed against liability fo r 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 tha t 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’ compensa tion insurance.

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

Dated this day of , 2023.

Matich Corporation_____________________
(Contractor)
_____________________________________
(Signature)
_____________________________________
(Official Title)

(SEAL)

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

Whereas, the City of Redlands (“City”), State of California, and Matich Corporation (hereinafter designated as "Pri ncipal") have entered i nto an agreement dated April 18 , 2023 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as PMP 2022 Street Resurfacing Project, Project No. 211006 and is hereby referred to and made a part hereof; and

Whereas, said Principal is req uired under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and, Matich Corporation as Surety, are held and firmly bound unto the City in the penal sum of four mil lion nine hundred seventy thousand sixty eight dollars ($ 4,970,068) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, execut ors and administrator s, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abi de by, and well and t ruly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in a ll respects according to their true intent an d meaning, and shall faithfully fulfill the one -year guarantee of all material s and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included co sts and reasonable ex penses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered.

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

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

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

2. Obtain a bid or bids for completing the Work in accordanc e with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay t he cost of completi on of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above. The term “balance of the Agreement price,” as used in this paragraph, shall Redlands Regular Meeting of 04/18/2023
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Surety expressly agrees that the City may reject a ny contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.

Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for c ompletion of the Work i f the City, when declaring the Principal in default, notifies Surety of the City’s objection to the Principal’s further participation in the completion of the Work.

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

The said Surety, for value received, hereby stipulates and agrees that no chan ge, extension of time, a lteration or addition to the terms of the Agreement or to the work to be perfo rmed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby wa ive notice of any s uch change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

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

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2023.

(SEAL) (SEAL)

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

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

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LABOR AND MATERIAL BOND

Whereas, the City Counc il of the City of R edlands, State of Califo rnia, and Matich Corporation (hereinafter designa ted as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said a greement, dated April 18, 2023 , and identified as PMP 2022 Street Resurfacing Project, Project No. 211006 is hereby referred to and made a part hereof; and

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

Now, therefore, said Pr incipal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and re ferred to in the afor esaid Code of Civil Procedure in the sum of four million nine hundred seventy thousand sixty eight dollars ($4,970,068) for materials furnishe d or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with re spect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses an d fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be tax ed as costs and to be included in the judgment therein rendered.

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

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

The surety hereby stipulates an d agrees that no chan ge, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner af fect its obligations on this b ond, and it does hereby waive notice of any such change, extension of time, alteration or addition.

In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 2023.

(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )_______________
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ATTACHMENT "C"
PROJECT NO. 211006 BID DATE: 15-Mar-2023
PMP 2022 Street Resurfacing Project EST. START DATE: 19-Apr-2023 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $245,000.65 $245,000.65 $295,000.00 $295,000.00 $265,000.00 $265,000.00 2 SWPPP 1 LS $77,000.00 $77,000.00 $25,000.00 $25,000.00 $42,400.00 $42,400.00 3 Survey 1 LS $74,000.00 $74,000.00 $200,000.00 $200,000.00 $231,080.00 $231,080.00 4 Crack Seal/Fill and Slurry Seal (Type II) 220,326 SY $3.10 $683,010.60 $2.80 $616,912.80 $3.30 $727,075.80 5 1-1/2" AC Grind and 1-11/2" AC Overlay 147,993 SY $9.00 $1,331,937.00 $12.00 $1,775,916.00 $11.80 $1,746,317.40 6 Pulverize in place top 6" to place 2" AC (FDR-25) 58,717 SY $3.50 $205,509.50 $3.85 $226,060.45 $3.00 $176,15 1.00 7 1-1/2" AC Grind and 1-11/2" AC Overlay w/ Petromat 29,397 SY $10.90 $320,427.30 $13.00 $382,161.00 $15.00 $440 ,955.00 8 R/R 3" AC 11,379 SY $17.20 $195,718.80 $24.00 $273,096.00 $43.00 $489,297.00 9 Asphalt Concrete Paving 6,350 TON $88.00 $558,800.00 $105.00 $666,750.00 $100.00 $635,000.00 10 Leveling Course 700 TON $107.00 $74,900.00 $160.00 $112,000.00 $168.00 $117,600.00 11 R/R PCC Curb & Gutter 645 LF $76.00 $49,020.00 $85.00 $54,825.00 $99.00 $63,855.00 12 R/R Rock Curb & Gutter 50 LF $128.00 $6,400.00 $240.00 $12,000.00 $700.00 $35,000.00 13 AC Dike/Berm (6-inch) 904 LF $15.50 $14,012.00 $22.00 $19,888.00 $28.00 $25,312.00 14 R/R PCC Gutter Pan 595 LF $48.00 $28,560.00 $55.00 $32,725.00 $63.00 $37,485.00 15 Construct X-Gutter w/ Spandrel 2,890 SF $27.00 $78,030.00 $25.00 $72,250.00 $32.00 $92,480.00 16 R/R Driveway Approach 430 SF $30.40 $13,072.00 $14.00 $6,020.00 $25.00 $10,750.00 17 Adjust Manhole w/ Concrete Collar 84 EA $1,150.00 $96,600.00 $1,200.00 $100,800.00 $975.00 $81,900.00 18 Adjust Valve Cover (Circular) 155 EA $66.00 $10,230.00 $100.00 $15,500.00 $975.00 $151,125.00 19 Replace Valve Can & Cover (Triangular) 25 EA $200.00 $5,000.00 $150.00 $3,750.00 $975.00 $24,375.00 20 Install Blue/yellow RPM 108 EA $6.00 $648.00 $10.00 $1,080.00 $10.50 $1,134.00 21 Replace Traffic Loops 195 EA $360.00 $70,200.00 $375.00 $73,125.00 $382.00 $74,490.00 22 STOP & Misc. Legend (Thermo) 458 EA $145.00 $66,410.00 $165.00 $75,570.00 $168.00 $76,944.00 23 12" Solid White/Yellow Stripe (Thermo) 14,848 LF $2.75 $40,832.00 $3.20 $47,513.60 $3.20 $47,513.60 24 8" Solid White Stripe (Thermo) 5,912 LF $0.75 $4,434.00 $1.20 $7,094.40 $1.20 $7,094.40 25 6" Double Yellow Stripe (Thermo) 33,324 LF $1.00 $33,324.00 $1.50 $49,986.00 $1.50 $49,986.00 26 6" Solid White Stripe (Thermo) 93,243 LF $0.50 $46,621.50 $0.80 $74,594.40 $0.80 $74,594.40 27 6" Skip White/Yellow Stripe (Thermo) 24,640 LF $0.50 $12,320.00 $0.40 $9,856.00 $0.42 $10,348.80 28 4" Solid White/Yellow Stripe (Thermo) 54,396 LF $0.45 $24,478.20 $0.60 $32,637.60 $0.64 $34,813.44 29 4" Skip White/Yellow Stripe (Thermo) 6,039 LF $0.45 $2,717.55 $0.60 $3,623.40 $0.64 $3,864.96 30 Two-Way Left-Turn Stripe (Thermo) 12,871 LF $1.90 $24,454.90 $2.60 $33,464.60 $2.65 $34,108.15 31 Green Bike Lane 11,080 SF $5.50 $60,940.00 $4.60 $50,968.00 $4.60 $50,968.00 32 Export Roadway Material 3,170 CY $38.00 $120,460.00 $58.00 $183,860.00 $101.00 $320,170.00 33 Unforeseen work not covered in all other bid items 1 LS $200,000.00 $200,000.00 $200,000.00 $200,000.00 $200,000.00 $200,000.00 34 Demobilization 1 LS $195,000.00 $195,000.00 $241,098.75 $241,098.75 $26,500.00 $26,500.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price
License Status
Sub's License Status
Bid Bond Company
Submitted Entire Bid Package
Submitted Sub's Qualification Statement
DIR Status
Error in Bid
Multiplication Error on Bid Item
8 Total is corrected per item
unit price
Multiplication Error on Bid
Items 8 & 26. Total is corrected
per item unit price
$6,405,687.95$4,970,068.00
YesYes
Active
Active
Liberty Mutual Insurance
Active
Active
Fidelity and Deposit Co. of Maryland
$5,975,126.00

CITY OF REDLANDS

MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT

BID ANALYSIS
Item
No.

Hardy & Harper, Inc.Bid Item Quantity Unit Matich Corporation All American Asphalt Yes
Yes Yes
Active Active
No
Active
Yes
Active
Active
Fidelity and Deposit Co. of Maryland
No
Yes
Sheet 1 of 1
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PMP 2022 STREET RESURFACING PROJECT
LOCATION MAP .

W COLTON AVE

E LUGONIA AVE

W PIONEER AVE

N UNIVERSITY ST

ORANGE ST

ORANGE ST
5TH BLVD

E SUNSET DR
FO
RD
ST

W SUNSET DR

W REDLANDS BLVD

CAJON ST

N CENTER ST

E PALM AVE

BARTON RD

ALESSANDRO
RD

W REDLANDS BLVD

BEAUMONT AVE

W CRESCENT AVE

ALABAMA ST

SAN TIMOTEO CANYON RD

BARTON RD

W FERN AVE

EHIGHLAND AVE

N DEARBORN ST

E OLIVE AVE

JUDSON ST

W CYPRESS AVE

E HILTON AVE

MISSION RD

BROOKSIDE AVE

W LUGONIA AVE

N CHURCH ST

W PALM AVE

TEXAS ST
NEVADA
ST

E CYPRESS AVE
S
W
ABASH
AVE

E SAN BERNARDINO AVE

E FERN AVE
5TH ST
5TH AVE
N 6TH ST

S DEARBORN ST

ELIZABETH ST

W OLIVE AVE

TERRACINA BLVD

N WABASH AVE

CALIFORNIA ST

N CHURCH ST

W LUGONIA AVE

GARDENST

W SAN BERNARDINO AVE

PALM AVE

S CENTER ST

W HIGHLAND AVE

E REDLANDS BLVD

TENNESSEE ST

BOULDER AVE

N WABASH AVE

ALABAMA ST
3RD BLVD
3RD ST

E COLTON AVE

E CITRUS AVE

NEVADA ST

E PIONEER AVE

PALMETTO AVE

MARIGOLD AVE
PMP 2022 STREETS
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City Council Meeting L. 4.

DATE: 04/18/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a purchase order modification in the amount of $70,000 with Olin Corporation for supply and delivery of sodium hypochlorite bringing the total purchase order amount to $365,000 for the remainder of Fiscal Year 22/23 (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 purchase order modification in the amount of $70,000.00 with Olin Corporation for supply and delivery of sodium hypochlorite bringing the total purchase order amount to $365,000 for the remainder of Fiscal Year 22/23.

RECOMMENDATION:

Staff recommends City Council that City Council approve the purchase order modification with Olin Corporation for supply and delivery of sodium hypochlorite for the remainder of Fiscal Year 22/23.

DISCUSSION:

In June 2022, City Council approved a $295,000 purchase order with Olin Corporation to supply and deliver sodium hypochlorite. Sodium Hypochlorite is used by the water and wastewater treatment plants to disinfect and sanitize water. The addition of this chemical ensures that all pathogens are eliminated before water is distributed for public use in accordance with regulatory requirements. Over the past several months, high influent flow rates at the treatment plants have required the use of sodium hypochlorite at a greater than typical rate and cost, and the approved FY 22/23 budget must be increased accordingly. Staff recommends a $70,000 increase to the current Olin Redlands Regular Meeting of 04/18/2023
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accordingly. Staff recommends a $70,000 increase to the current Olin Corporation purchase order, which will increase the total purchase order to $365,000. This additional expense will be allocated proportionally to the Wastewater Service budget ($55,000) and Water Service budget ($15,000) based on anticipated sodium hypochlorite usage rates.

ALTERNATIVES:

City Council may deny the staff recommendation and propose an alternative course of action.

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

Fernando Mata, Wastewater Utility Manager
Fiscal Impact
Fiscal Year: FY 22/23
Revenue Generating: No
Appropriation Required Y/N: No
Amount: $55,000
Budgeted Y/N: Yes
Account No.: 521900
Discussion:

There is no fiscal impact associated with this action. Sufficient funding remains in the FY 22/23 Wastewater Service budget to offset the additional $55,000 expense.

Redlands Regular Meeting of 04/18/2023
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Fiscal Year: FY 22/23
Revenue Generating: No
Appropriation Required Y/N: No
Amount: $15,000
Budgeted Y/N: Yes
Account No.: 501900
Discussion:

There is no fiscal impact associated with this action. Sufficient funding remains in the approved FY 22/23 Water Service budget to offset the additional $15,000 expense.

Attachments
Purchase Order- Olin Corporation
Redlands Regular Meeting of 04/18/2023
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Vendor
Bill To
Fiscal Year
Department
Purchase Order Date
Purchase Order Number
Required By
Ship To
VENDOR PHONE NUMBER REQUISITION NUMBERVENDOR NUMBERVENDOR FAX NUMBER DELIVERY REFERENCEBUYER NAME NOTES
ITEM # DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED PRICE

PURCHASE ORDER
2718

OLIN CORPORATION

CHLOR ALKALI PRODUCTS
26700 S BANTA ROAD
TRACY, CA 95304

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

FINBIL
22300192

MUNICIPAL UTIL & ENGINEERING
06/30/2022

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