Redlands City Council
June 6, 2023

Description
Pure Storage FlashArray
X20R3-ETH- 22TB-22/0-
EMEZZ
FlashArray Remote
Installation Service
FA-X20R3-22TB 1 Month
Evergreen Silver Subscription,
4 Hour Delivery, 24/7 Support
Customer Signature Date
Customer hereby authorizes and agrees to make timely payment for products delivered and services rendered, including payments for partial shipments Grand Total: $67,488.75
THIS QUOTE IS GOVERNED BY THE TERMS AND CONDITIONS OF NAPSO VALUEPOINT PURE STORAGE CONTRACT MNWNC-125 CALIFORNIA 7-15-70-34-019 QUOTE IS VALID FOR 30 DAYS FROM DATE SHOWN ABOVE.

PURSUANT TO THIS CONTRACT YOUR PO MUST REFLECT THE FOLLOWING CONTRACT:

NAPSO VALUEPOINT PURE STORAGE CONTRACT MNWNC-125 CALIFORNIA 7-15-70-34-019 Tax ID# 76-0515249; Size Business: Large; CAGE Code: 639L4; DUNS#11-436-9671 Credit: Net 30 days (all credit terms subject to prior Presidio credit department approval) Total List Price: $176,418.00
Sub Total: $62,895.00
*** Any Tax & Freight Charges will be added/amended at time of billing, as applicable. Sales tax and shipping are estimated and subject to change. Estimated Tax: $4,593.75
$2,100.00 $1,995.00
3 FA-X20R3-22TB
1MO,PRM,SILVER
$854.00 $700.00 12 18.03% $10,248.00 $8,400.00
2 PS-FLASHARRAY-

REMOTE-INSTALL
$2,100.00 $1,995.00 1 5.00%
Ext List Price Ext Price
1 FA-X20R3-ETH-22TB-
22/0-EMEZZ
$164,070.00 $52,500.00 1.0000 68.00% $164,070.00 $52,500.00 # Part # List Price Unit Price Qty Discount
Customer#: CITYO785 Contract Vehicle: California NASPO ValuePoint Pure Storage MNWNC- 125 CA# 7-15-70-34-019
Account Manager: Joe Bowman
Inside Sales Rep: Joe Dykhuis
Title: City of Redlands - Pure Storage X22 Silver
BILL TO: City of Redlands
Accounts Payable
PO BOX 3005
Redlands, CA 92373
[email protected]
(p) (909) 335-4789
SHIP TO: MSD-IT
Eric Owens
35 Cajon St
Ste 10
Redlands, CA 92373
[email protected]
(p) (909) 798-7600
TO: City of Redlands
Eric Owens
35 Cajon Street
Redlands, CA 92373
[email protected]
(p) (909) 798-7600
(f) (909) 335-4762
FROM: Presidio Networked Solutions Group, LLC
Joe Bowman
5000 Hopyard Rd
Suite 188
Pleasanton, CA 94588
[email protected]
(p) +1.925.568.2470
QUOTE: 2003223306135-01
DATE: 04/26/2023
PAGE: 1 of 1
Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

Intergovernmental/ Piggyback
Contract Use Request
(Attach to PR form)
The Department requests the purchase of the following item(s) from:

Original Contracting Entity:

Contract#:

Contract Term:

Method of original contract award:

Competitive
Non-Competitive, based on: Preferred source Sole Single source Emergency Other:

Does the original contract contain language contemplating contract extension to additional users? Yes No
Description of Product/Service intend to acquire Unit Price Total Tax
Grand Total
Please attach: vendor agreement to sale to the City AND Entity agreement/contract language allowing Piggyback Redlands Regular Meeting of 06-06-2023

Purc
hasing Agent Approval: Date:

City M
anager Approval: ______________________________ Date: ____________________ Vendor:

Contact:

Address 1:

Address 2:

City/State/Zip:

Telephone:

Fax:

Web/E-Mail:

Delivery/Service Location
Contact:

Telephone:

Department:

Address 1:

Address 2:

Additional
Comments
rev. 10.31.18
Redlands Regular Meeting of 06-06-2023

City Council/Successor Agency Meeting J. 11.

DATE: 06/06/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the First Amendment to the San Bernardino Basin Groundwater Council Framework Agreement and authorization for the City Manager to execute the Amendment (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move that City Council approve the First Amendment to the San Bernardino Basin Groundwater Council Framework Agreement and authorize the City Manager, or his designee, to execute the Amendment.

RECOMMENDATION:

Staff recommends City Council approval of a First Amendment to the San Bernardino Basin Groundwater Council Framework Agreement and authorization for the City Manager, or his designee, to execute the Amendment.

DISCUSSION:

For two (2) decades, the San Bernardino Valley has experienced historically low rainfall, resulting in all-time low groundwater storage levels for the San Bernardino Basin. In September 2014, the California Legislature enacted the Sustainable Groundwater Management Act of 2014 (SGMA), which established a statewide framework for sustainable management of groundwater resources and granted new authority and responsibility to local agencies. While adjudicated basins, such as the San Bernardino Basin Area (SBBA), are not subject to most provisions of the act, water managers are expected to responsibly manage the SBBA in accordance with common sustainability principles. Using SGMA as a model to achieve water supply reliability and long-term groundwater sustainability, local water agencies began meeting to identify and develop a Redlands Regular Meeting of 06-06-2023

sustainability, local water agencies began meeting to identify and develop a Groundwater Sustainability Council for the SBBA, now known as the Groundwater Council (GC), in 2015.

Early efforts in the development of the GC included identifying water resources to ensure a sustainable water supply into the future and to equitably share the cost of those resources among SBBA pumpers. Ultimately, the GC developed two (2) primary tools to sustain the SBBA: 1) a method to allocate the costs of sustainable basin management, and 2) a five-year agreement that establishes an organizational structure to administer the process, known as the San Bernardino Basin Groundwater Council Framework Agreement (Agreement).

The initial five-year term allows the parties to revisit the Agreement periodically to determine if changes or extensions are warranted.

The Agreement and the creation of the GC provide the funding, integration, and agency coordination necessary to manage imported water and associated groundwater replenishment facilities within the Basin. The GC partners collaborate to manage the basin, including accessing and applying imported water supplies to augment and complement native water supplies. The ultimate goals of the GC are to maintain the long-term yield of the basin by ensuring overdraft or other negative impacts are prevented in the future, and to take advantage of imported water replenishment opportunities as they arise.

Participation in the GC is voluntary and is open to groundwater producers in the SBBA. Current members include the City of Colton, City of Rialto, City of San Bernardino Municipal Water Department, City of Loma Linda, East Valley Water District, West Valley Water District, San Bernardino Valley Municipal Water District, Fontana Water Company, Yucaipa Valley Water District, Bear Valley Mutual Water Company, Loma Linda University, and the City of Redlands. The City Council approved the Agreement and Redlands' GC membership in March 2021.

The GC members began meeting in early 2023 to discuss and draft updates to the Agreement. Although significant progress has been achieved, several issues are still being discussed by the GC members and a final Agreement is not anticipated to be available before the San Bernardino Valley Water Conservation District Fiscal Year 23/24 begins on July 1. An Amendment is necessary to extend the Agreement term by one (1) year to allow the GC members to fully develop the new Agreement.

ALTERNATIVES:

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

STRATEGIC PLAN:

N/A
Redlands Regular Meeting of 06-06-2023

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
PREPARED BY:

John R. Harris, Municipal Utilities and Engineering Director Fiscal Impact
Discussion:

There is no fiscal impact associated with this action. The MUED budget includes funding for all GC costs.

Attachments
San Bernardino Basin Groundwater Council Framework Agreement SBBA GC Framework Agreement First Amendment
Revised Equitable Allocation Model Budget
Redlands Regular Meeting of 06-06-2023

SAN BERNARDINO BASIN GROUNDWATER COUNCIL FRAMEWORK

AGREEMENT
This SAN BERNARDINO BASIN GROUNDWATER COUNCIL FRAMEWORK AGREEMENT (" Agreement") isenteredintoandeffectivethis -23 dayof 3--el9Wr , 2018 by and among the City of Colton (" Colton"), the City of Redlands (" Redlands"), the City of Rialto Rialto"), the City of San Bernardino Municipal Water Department (" SBMWD"), City of Loma Linda (" Loma Linda"), East Valley Water District (" East Valley"), San Bernardino Valley Municipal Water District (" Valley District"), San Bernardino Valley Water Conservation District Conservation District"), Fontana Water Company (" FWC"), West Valley Water District WVWD"), Yucaipa Valley Water District (" Yucaipa"), Bear Valley Mutual Water Company BVMWC"), and Loma Linda University (" LLU") eachof which is referredto asa "Party," for the purposeof coordinating the developmentand implementationof groundwatermanagement activities that individually or cumulatively address groundwater management in the Bunker Hill Sub -basin of the Upper Santa Ana Valley Basin (" Basin"), and achieving groundwater sustainability throughout the Basin.

RECITALS
WHEREAS, the Parties to this Agreement all overlie, produce water from, or are otherwise interested in the management and long-term sustainability of the groundwater basin identified as the San Bernardino Basin Area; and
WHEREAS, California Department of Water Resources' (" DWR") Bulletin 118 defines the Upper Santa Ana Valley Bunker Hill Sub -basin ( No. 8-002.06), the boundaries of which, as defined therein and as may be amended in the future, constitute the limits of the Basin covered hereunder. A map depicting that Basin is attached hereto as Exhibit A. DWR Bulletin 118 presentlyclassifiesthe Bunker Hill Basinashigh priority.

WHEREAS, surface water and groundwater supplies in large portions of the Basin are governedby a numberof judicial decreesand contracts, including but not limited to the Orange County Water District v. City of Chino et al. ( Orange County Superior Court, Case No. 117628, April 17, 1969) Western Municipal Water District of Riverside County v. East San Bernardino County WaterDistrict et al. (RiversideCounty SuperiorCourt CaseNo. 78426, April 17, 1969); Big Bear Municipal Water District v. North Fork Water Company, San Bernardino Superior Court Case No. SCV 165493, and City of San Bernardino v. Fontana Water Company, San Bernardino Superior Court CaseNo. 17030 (January 28, 1924).

WHEREAS, Water Code § 10720. 8( a) identifies the San Bernardino Basin Area as an adjudicated area. As such, this area is exempt from the Sustainable Groundwater Management Act ( SGMA) passedby the California Legislature in September 2014, other than providing certain kinds of data to DWR per Water Code § 10720. 8( rf).

WHEREAS, notwithstanding that the Basin is not required to comply with SGMA, the Parties to this Agreement wish to collaborate their efforts to identify their respective accessto and application of imported water supplies, and to harmonize use of such supplies with available groundwaterin the Basin. The goal is to ensurethat the water imported into the Basin, and the

SBVMWD LEGAL
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facilities usedto apply both importedandnative watersuppliesto productive beneficialuse, will all bemaintainedandmanagedin amannerthatwill besustainableoverthelong-term. The Parties recognize that the key to success in this effort will be coordination of amounts and areas of recharge in different parts of the Basin, by acting in conjunction with other groundwater management entities active in portions of the Basin.

WHEREAS, the purposeof ensuringwater supplyreliability andlong-term effectiveness and viability of recharge facilities has become even more important as a result of recently experienced low groundwater storage levels and the reduction of imported water supplies, due to environmental and other restrictions. One purpose of this Agreement is to facilitate the cooperationof the Partiesto ensurea reliable and conjunctivelyutilized water supply of replenishmentwaterthat canpreventoverdraftor othernegativeimpactsfrom occurring during an extended drought, and for the foreseeable future.

WHEREAS, the Parties, individually and collectively, have the goal of cost effective cooperative groundwater management that considers the interests and concerns of all of the communitiesandpartiesthat rely uponthe Basin for their water supply.

WHEREAS, the Parties hereby enter into this Agreement to establish the San Bernardino Basin GroundwaterCouncil (" GC") to undertakethe preliminary stepsnecessaryto preparefor and coordinatethe managementof groundwatersupply resourcesthroughout the Basin, and to coordinate maintenance of conveyance and recharge facilities to expedite such management. The GC will coordinate with existing groundwater management agencies in the Basin as well as the individual F.x Oficio participants, asdefinedbelow, andwill beresponsiblefor ensuringoverall coordination and sustainable management of the Basin.

WHEREAS, the Parties have agreedthat the preliminary steps of GC formation will includepreparationof formation documentsandprocedures, thepossiblehiring of neededexperts, and the development of a budget for this GC as memorialized in this Agreement.

AGREEMENT
NOW THEREFORE, in considerationof the mattersrecited and the mutual promises, covenants, and conditions set forth in this Agreement, the Parties hereby agree asfollows:

DEFINITIONS

1. 1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined asfollows:

1. 1. 1 " Agreement" means this Groundwater Council Agreement.

1. 1.2 " Plaintiff' meansany of the following entities: City of Riverside, RiversideHighlandsWaterCompany, MeeksandDaleyWaterCompany, Regentsof University of California, or Western Municipal Water District as named in the 1969 Judgment in Case Number 78426, WesternMunicipal Water District of Riverside County et al. vs. East San Bernardino County Water District et al."
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Redlands Regular Meeting of 06-06-2023

1. 13 " Annual Basin Groundwater Report'' shall mean the annual report preparedby the GroundwaterCouncil, to cover topics including but not limited to the following:
annual production, recharge, environmental issues, exchanges, and all other actions and topics material to groundwater conditions in the Basin. In preparing such report, the Groundwater Council may consult with, and draw from, data and information provided by the Watermaster and ConservationDistrict and other reliable sourcesregarding annual groundwaterconditions. The Annual Basin Groundwater Report is not intended to supplement or supplant the annual reports of the variousWatermastersoperatingwithin the Basinthat arefiled with the SuperiorCourt or any Watermasters' required reporting under the Sustainable Groundwater Management Act ( SGMA).

1. 1.4 " Basin" shall mean the Upper Santa Ana Valley Bunker Hill Groundwater Basin, Sub -basin 8- 002. 06, as designated in DWR' s Bulletin No. 118, and as its boundariesmay bemodifiedfrom timeto timethroughtheproceduresdescribedin California Water Code § 10722. 2.

1. 1.5 " Groundwater Council" or " GC" or shall mean the Upper Santa Ana Valley Bunker Hill Basin Groundwater Council, the oversight body coordinating the management, replenishment, and preservationof groundwatersupply and quality of the Basin.

The GC shall be composedof representativesof eachParty andshouldthey decideto participate, arepresentativeof anyother groundwatermanagementauthority over anyportion of theBasin, as furtherprovided herein. The GC's dutiesshallinclude the integrationandcoordinationof the use of imported water supplies for replenishment of the Basin, facilitation of implementation of GC policies andinitiatives throughthe legal authoritiesof its members, managementof budgetingand funding for the maintenance, development, and management of regional groundwater infrastructure, and dispute resolution that may occur within or between the Parties or Ex Ofrcio members of the GC.

1. 1. 6 " BTAC" shall meanthe Basin Technical Advisory Committee, as originally created under the auspicesof the Upper SantaAna River Watershed Integrated Regional Water Management Plan, as such Committee may be modified from time to allow for the additional participation of one or more Partiesto this Agreement. The BTAC may be taskedto undertake specified actions in support of the GC.

1. 1. 7 " Effective Date" shall mean the date that a majority of the Parties approve of and enter into the Agreement.

1. 1. 8 " Equitable Allocation" shall meanthe mannerof determining the facilities' operations and maintenance (" O& M") costs, and supplemental water cost, for each Party basedon the annual approvedbudget. This allocation will be performed pursuantto the formulas and procedures described in Exhibit B of this Agreement. The allocation shall determine the portion of equitableO&M cost, andthe portion of equitablewater cost, to be apportionedto eachParty or otherparticipantfor the applicableGCbudgetyear. Theseallocationsshall alsobe used to determine the voting weight afforded to each voting member of the GC, under this Agreementandfurther proceduralprocessesasmay be developedby the GC.

1. 1.9 " Ex Oficio participant" shall meanthoseentitiesthatparticipatein the GC by virtue of their status as plaintiffs or successors in interest to plaintiffs in Western 1591015042- 0001
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Redlands Regular Meeting of 06-06-2023

Municipal WaterDistrict of RiversideCountyv. EastSanBernardino County WaterDistrict etal.

Riverside County Superior Court Case No. 78426, April 17, 1969), but which shall not be a considered Parties to this Agreement.

1.1.10 " Cost Share" shall mean that portion of the overall annual operating costs of the GC, assigned to a Party pursuant to the Equitable Allocation, as determined in the annual budget of the GC,

2. TERM

2. 1 This Agreement shall become operative on the Effective Date. If an eligible Partyhasnot executedthis Agreementby june 30, 2018, suchparty mayjoin this GC Agreement only as an additional member of the GC, pursuant to Section 3.5, below.

2.2 This Agreement shall remain in effect for a period of five ( 5) years following the Effective Date, unlessearlier terminated by the unanimouswritten consentof all then -active Parties, provided, however, that this Agreement shall remain in effect during the term of any contractual obligation or indebtedness of the GC that was previously approved by the GC.

2. 3 Any Party shall have the ability to withdraw from this Agreement upon servingwritten notice of its intention to withdraw on all other Partiesat leasttwelve (12) months before that Party' s withdrawal becomes effective. Such notice shall be served on the GC at a regularly scheduledmeeting and on each of the Parties to this Agreement separately. The withdrawing Partymay withdraw uponeighty percent (801/o) approvalof the voting membersof the GC.

2.4 Any Ex Oficio participant in the GC shall have the ability to withdraw from participation in the GC uponthirty (30) dayswritten noticeto the Parties.

3. COUNCIL CREATION AND PURPOSE

3. 1 Creation of the GC. Thereis herebycreatedthe Upper SantaAna Valley Bunker Hill Basin Groundwater Council. The GC shall be, to the extent permitted by law, the forum within which the Parties shall coordinate the access to and utilization of imported water supplies for application to the recharge and replenishment of the Basin, and for the maintenance, and repair of recharge and conveyance facilities for both native and imported supplies to replenish the Basin, consistentwith applicablelaw andjudicial decrees.

3. 2 Purposeof theAgreement. Thepurposeof this Agreement, andthe creation of the GC, is to provide for the funding, integration, and coordination of the management of importedwaterandassociatedgroundwaterreplenishmentfacilitiesof theBasin. Thepurposeis also the facilitation of implementation of policies and initiatives through the legal authorities of one or more Parties, for the purposeof cooperatively managing certain aspectsof the Basin, including but not limited to accessing and applying imported water supplies to augment and complement native water supplies, toward the goal of maintaining the long- term yield of the Basin and ensuringthat overdraft or other negativeimpacts arepreventedin the future andeliminated overtime; andundertakingimported water replenishmentactivities that are approvedby the GC and included in the annual approved budget.
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Redlands Regular Meeting of 06-06-2023

3. 3 Membership of the GC. The GC shall consist of a representative from each Party. One party may serve in multiple representative roles, and this will be accounted for in the Equitable Allocation. GC Members shall be appointed in the manner set forth in Section 3.4 of this Agreement.

3. 4 Appointment of Membersto the GC. EachParty or otherentity entitled to membership on the GC shall appoint one representative member of the GC, who shall be the senior executive managementlevel employee of the Party, or a senior executive management -level employeeof otherrecognizedgroundwatermanagemententity. Each eligiblemembermay determineits own processfor appointing its representativemember. Membersof the GC shall serve throughout the term of this agreement, provided that such membersmay be subjectto removal andreplacementby the appointingPartyin theeventtherepresentativeis no longerin the employ of the appointingParty.

3. 5 Additional Members. The GC may permit admission of additional membersuponaneighty percent (80%)vote of theEquitableAllocation weightedvotesamongall then -existingParties, uponsuchtermsandconditionsastheGCin its discretionmayimpose. Such conditions may include requiring contributions to any GC initiatives for securing imported water supplies, or maintenance and operations expenses of groundwater replenishment facilities, to assureequitabledistribution of the costsof suchinitiatives or facilities to thosebenefitting from them.

3. 6 Ex Oficio Participants. The GC shall include the plaintiff parties or the successorsin interest to the plaintiff parties in WesternMunicipal Water District of Riverside County v. East San Bernardino County WaterDistrict et al. (Riverside County Superior Court CaseNo. 78426, April 17, 1969) as "Ex Oficio" participants, unless any Ex-Oficio participant withdrawsfrom theGCpursuantto Section2.4, above. SuchEx-Oficio participantsshallnothave the ability to vote on any mattersbeforethe GC, but shallbepermitted to provide input andother support for GC efforts. Notwithstanding any other provision of this Agreement, and except as otherwiseprovidedin other agreements, judgmentsor settlements, Ex Oficio participantsshallnot be liable for any costs or fees associatedwith the GC or its activities related to importing groundwaterinto theBasin andshall not beconsidered "members" of the GC asthat term is used in this Agreement. Ex Oficio participants may jointly execute a separate agreement with the Conservation District that will provide for the annual payment of no more than 27.95% of costs associated with the recharge of native waters.

4. COUNCIL MEETINGS AND ACTIONS

4. 1 Initial Meetine. The initial meetingof the GC shall be held at a location overlying the Basin within forty- five days (45) days of the Effective Date of this Agreement. At the initial meeting the GC shall select a President to chair its meetings, a Vice President to serve if the Presidentis unavailable, a Secretaryto record GC proceedingsand actions, and any other officers it deems appropriate to the successful and efficient conduct of its business.

4. 2 RegularMeeting ScheduleandRulesof Proceeding. TheGCshallestablish a regular meetingtime and place at its initial meeting. The GC may vote to changethe regular meeting time andplace, provided that the new location remains at a place overlying the Basin. 1591015042- 0001
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Redlands Regular Meeting of 06-06-2023

The GC may adopt, promulgate, repeal, or revisefurther rulesof debate, presentationof motions, voting andproxies, process, or proceedings, asit may deemappropriate.

4. 3 Quorum. A quorum of the GC shall consist of majority of the total EquitableAllocation weighted votesamongall voting members. In the absenceof a quorum, no businessmay betransactedbeyondtheadjournmentof ameetingby theremainingmembers. For efficiency, business may be discussedand action recommended for the consent calendar ratification at the next regularmeeting. A membershall bedeemedpresentfor the determination of aquorumif thememberis presentatthemeetingin person, orif theyparticipatein themeeting telephonically upon suchrulesandproceduresasthe GC may promulgate.

4.4 GC Voting Rights. Each voting member of the GC shall have its Equitable Allocation weighted vote, as suchmay be revised from time to time either (a) pursuantto pre - negotiated mechanisms for the adjustment of the Equitable Allocation, due to fluctuations in the groundwater production or other criteria on which the initial Equitable Allocation is based, or ( b) by aneighty percent (80%) vote of the total EquitableAllocation voting weight held by all voting members. Exhibit B indicatesthe voting rights of eachparty, andshall be modified periodically as specified in the procedures included in Exhibit B.

4.4. 1 Fiscal items, including but not limited to, approval of the annual budgetof the GC andany expenditures, shallrequirean affirmativevote by a supermajority constituting eighty percent ( 80%) of all Equitable Allocation voting weight. To the extent the GC may form groupswhich contain lessthan all membersfor projects where not all membersare participants, such committees will have an additional committee agreementidentifying the requirements of committee members, and voting requirements attending fiscal obligations of such committees.

4.4.2 Any changein annualcontributions necessaryto supportthe work of the GC shall require an affirmative vote by a supermajorityconstituting eighty percent (80%) of all of all Equitable Allocation voting weight.

4. 5 Minutes. The GC shall cause minutes to be kept of all meetings of the GC andany appointedStandingCommittees. The GC shall further causea copy of draft minutesto beforwardedto eachmemberof the GC andto eachParty andEx Oficio member, which may be doneelectronically, or by way of postingto a commonlyavailablewebsiteor digital portal. 1591015042- 0001
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4. 6 Annual Budgeting and Expenditure Approval.

4.6.1 The fiscal year of the GC shallbe July 1through June30. The GC shalldevelop, circulate, andapproveanannualbudgetfor the funding of bringing importedwater supply to the Basin, and for the maintenanceand repair of groundwater recharge or water conveyancefacilities servingreplenishmentof theBasin. TheBudgetshallbe preparedby a Budget Committee, which shall consist of three (3) memberParties of the GC appointedby a qualifyingvoteof at least80% of theweightedEquitableAllocation, no laterthanJanuary31of the fiscal yearprior to the onefor which the budgetis to operate. The BudgetCommittee shall coordinatewith BTAC andValley District asthe StateWaterProject Contractor, to determinethe likely allocation of availableStateWaterProjectimportedwatersupplies, andotheravailablenon- native sourcesof imported water, the likely unit cost of such imported water, and the recharge needsof the Basin, in termsof quantitiesof water, locationswhere Basin conditionswould most benefit from imported recharge, condition and availability of facilities to accomplish such recharge, and cost. Fromthesesources, the BudgetCommitteeshall preparea budgetthat recommendsall of the following:
a) the amountof imported water suppliesproposedto be bought or otherwiseacquiredby GC membersin the coming year;
b) the recommended application or distribution of such imported water supplies to various parts of the Basin;
c) the estimatedcostof all ongoingmaintenance, repair, andoperation costsfor then -existing groundwaterrechargeandconveyancefacilities serving to replenishthe Basin;
d) any administrative costs of the GC; and
e) proposedallocation of all expendituresin the Budget among GC members astheir portion of the Cost Share based upon the Equitable Allocation Model.

4.6.2 No later than March 1prior to the beginningof the year for which the budgetis to operate, the BudgetCommitteeshallpresentandcirculateto all GC membersthe proposedBudget, for reviewandanalysis. The circulatedbudgetshallincludethe underlying presumptionsand worksheetsupon which it is based. The Budget Committee, or its designee, shallmakeitself reasonablyavailableto respondpromptly to anyinquiries or information requests regarding the proposed budget.

4.6.3 No laterthansixty (60) daysafterpresentationof thebudgetby the BudgetCommittee, the GC shallmeetto deliberateandpassuponthe budget. The GCmay accept, reject, or modify in any way the budgetasproposedby the Budget Committee. Adoption of the budgetshallrequireaneightypercent (801/4) voteoftheweightedEquitableAllocation, provided, however, that if asegregableportion or portions of thebudgetcanbe identified which preventthe overall budget from obtaining an eighty percent ( 80%) approvalvote, the GC shall passthose portions of the budget upon which an eighty percent (80%) majority can be achieved, and shall refer those portions upon which approval cannot be obtained back to the Budget Committee for further recommendationon how suchportions might be eliminated, reducedin scopeor cost, or 159/ 015042- 0001
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Redlands Regular Meeting of 06-06-2023

otherwisemodified, andrepresentedto the GC for eightypercent (80%) approval. No portion of the GC budgetimposingany expenditureson anyPartyshall beapprovedor adoptedon lessthan an eighty percent ( 80%) vote of the Equitable Allocation weighted voting, but the inability to secure an eighty percent (80%) vote on segregableportions of the budget shall not prevent the GC from implementing, and proceeding with, those portions of the budget which secured the required eighty percent (801/o) approval.

4. 7 The Valley District shall perform the accountingand revenuecollection functions of the GC in tracking and securing the funding from the GC members pursuant to the approvedannualbudget, andconsistentwith theapprovedcostallocationsamongtheGCmembers therein, for all imported water supplies. The ConservationDistrict shall perform the accounting and revenue collection functions of the GC in tracking and securing the funding from the GC members pursuant to the approved annual budget, and consistent with the approved cost allocations among the GC members therein, for all facilities costs. The Conservation District shall credit each Party or Ex Oficio participant otherwise subject to the Conservation District' s groundwatercharge, in the amountssuchParty contributesto the GC budgetfor facilities costs that would be encompassed in that groundwater charge, in order to prevent double collection of suchcostswith the ConservationDistrict' s groundwatercharges. Groundwaterchargespayable by the Ex Oficio Participants may be suspendedas part of the separatefunding agreement outlined in Section 4.8. In the event of any delinquency, either Valley District or the Conservation District may requestthe GCto appointit, or any otherGCmemberor groupof members, to representthe GC in securing collection of unpaid and owing amounts from any delinquent member or members.

The reasonably incurred costs of such collection efforts may be reimbursed to the agent the GC authorizesto go forwardwith them, andmay beaddedasanadministrativecostto othermembers, or as a credit against future amounts owing to the GC from such authorized agent.

4. 8 Ex Oficio participants will not be subjectto the ConservationDistrict' s groundwater charges as long as a separatefunding agreement as outlined in this Section 4.8 is in effect. Ex Oficio participantsmay jointly negotiateand executea separateagreementwith the ConservationDistrict and/or Valley District that will provide for the annualpayment of up to

27. 95% of costs associated with the recharge of native waters. As of the Effective Date of this Agreement, Ex Oficio participantsunderstoodthe estimatedannual costsassociatedwith water recharge, both native and imported, to be $ 800, 000 for Conservation District activities and 200, 000 for activities that may occur in recharge basins outside of the Conservation District' s control. Ex Oficio participants, via the separatefunding agreement, may agreeto collectively pay no more than 27.95% of the cost for recharge of native waters. In any such agreement, in the event that imported water is rechargedandthe costsfor such activity are comingled with the cost for rechargeof native water, the ConservationDistrict and/or Valley District will pro -ratethe costs associated with recharge to separate the costs for native and imported water recharge. Ex Oficio participants are not intended to be charged for the costs of recharge of imported water or associated capital, the operationsand maintenancefor imported supplies, or any other costsnot expressly agreed to in the separate funding agreement.

4. 9 No later than six (6) monthsinto the budgetyear for which any budget is adoptedby the GC, the BudgetCommitteeshallprepareayear -in -processbudgetreview, to assess the validity andaccuracyof the presumptionsuponwhich the budgetwasbased, identify any budget savings or additional expenditures, assessany additional opportunities for groundwater 159/ 015042- 0001
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replenishmentthat may havecomeavailablesincethepassingof the budget, andotherwiseassess and recommend to the GC any potential amendment to the existing year budget, or suggestions for the following year' s budget, aschanging conditions may warrant. ( Phis section may not be needed based upon f nalization of the Equitable Allocation formula)

5. COUNCIL POWERS AND DUTIES

5. 1 The GC shall exercise the following powers:

5.1.1 To adopt rules, regulations, policies, bylaws and procedures governing the operation of the GC.

5.1.2 To produceanAnnual Basin GroundwaterReport, using asmay be appropriate data regarding groundwater conditions available from the Watermaster, the Conservation District, or other sources.

5.1.3 To monitor groundwater production and extractions in coordination with BTAC andpertinentlocal groundwatermanagementagencies.

5. 1.4 To make, after consultation with BTAC, annual recommendations for the amount of additional artificial recharge for the Basin from imported sources as a complement to native sources, and to plan for the development and application of such additional sources of recharge.

5.1.5 To establish as -needed Ad Hoc and Standing advisory committees for the purpose of making recommendationsto the GC. Committees shall exist for the term specifiedin the action creatingthe committee, andthe GC may dissolvea committeeat any time through an eighty percent ( 80%) majority vote of Equitable Allocation voting weight. 5,1.6 To contract for the services of engineers, attorneys, planners, fmancial consultants, and separate and apart therefrom, to appoint agents and representatives to employ such other staff personsasnecessary. The BTAC will provide technical supportfor the GC, upon such terms as the GC and BTAC shall agree in writing. Ex Oficio members shall not be responsible for BTAC costs.

5. 2 In addition to the above -referencedpowers, the GC may, by an eighty percent ( 80%) vote of the Equitable Allocation, decide to activate and exercise any or all of the following additional powers:

5.2. 1 To collect and monitor all data related and beneficial to the development, adoptionandimplementationof appropriategroundwaterlevel managementfor the Basin.

5.2.2 To collect charges from GC members as authorized in the approved budget.

5.2. 3 To cooperate, act in conjunction, and contract with the United States, the Stateof California, or any agencythereof, counties, municipalities, public andprivate 159/ 015042- 0001
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corporationsof anykind (including without limitation, investor -ownedutilities), andindividuals, or any of them, for any and all purposesnecessaryor convenient for the purposes of this Agreement.

5.2.4 To accumulate operating and reserve funds and invest the same as allowed by law for the purposesof the GC.

5.2.5 As may be permitted by law, to apply for and accept grants, contributions, donations and loans, including under any federal, state or local programs for assistancein developingor implementinganyof its projectsorprogramsin connectionwith any project untakenin the GC'sname.

5.2.6 To acquire lease, purchase, construct, hold, manage, maintain, operate and dispose of any buildings, property, water rights, works or improvements within and without the respectiveboundariesof the Partiesnecessaryto accomplishthe purposesdescribed herein, or to assistany Partyin doing so.

5.2.7 To implement the Cost Sharein a mannerthat qualifies as a pass through charge under the Constitutional requirements of Proposition 218 and similar revenue - raising requirements.

5.2.8 To exercise any power necessaryor incidental to the foregoing powersin themannerandaccordingto theproceduresprovidedfor underthelaw applicableto the Parties to this Agreement.

5.2. 9 In addition to the above, andto the extentnot directly represented onthe GC, the GC shallcoordinateits efforts with theagenciesthat arechargedwith implementing all applicable judicial decreesgoverning the Basin.

6. FUNDING GC ACTIVITIES
Funding for GC activities shall be provided pursuant to an expense sharing mechanismdescribedin more detail in Exhibit B hereto. This mechanismis basedin part on a regional sharing of Operationand Maintenancecostsfor SanBernardino Basin Area recharge activities, asthose OperationandMaintenancecostsshall be determinedby the GC in its annual budgeting, in conjunction with BTAC. All Parties shall share in the Operation and Maintenance cost components. Ex Oficio participants shall not share in any costs which are attributable to bringing importedwater to the Basinnor its recharge, but all otherPartiesshallparticipatein such costs, pursuantto the EquitableAllocation attachedasExhibit B hereto. Ex Officio participants intend to, through separateagreement(s) with the ConservationDistrict and/or Valley District, cooperate in the payment of up to a maximum of 27.95% of costs associated with the recharge of water that results from natural precipitation and run-off in the basin (native water). Each Party shall be contractually responsiblehereunderfor the annual payment of fees for their assigned portionof thebudgetedexpensesoftheGC, basedonthatParty'sallocation, asdeterminedbythe aforementioned allocation formula and the approved GC budget. 159/ 015042- 0001
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DISPUTE RESOLUTION
The Partiesrecognizethat there may be disputesregarding the obligations of the Partiesor the interpretationof this Agreement. ThePartiesagreethat they may attemptto resolve disputes as follows:

7. 1 StatementDescribingAlleged Violation of Agreement. A Partyor Parties alleging a violation of this Agreement (the "Initiating Party(ies)") shall provide a written statement describing all facts that it believes constitute a violation of this Agreement to the Party(ies) allegedtohaveviolatedthetermsof thisAgreement (the "RespondingParty(ies)").

7. 2 Resnonseto Statementof Alleged Violation The RespondingParty(ies) shall havesixty (60) daysfrom the dateof the written statementto preparea written responseto the allegationof aviolation of this Agreementandservethatresponseon the Initiating Party(ies) or to curethe allegedviolationto the reasonablesatisfactionof the Initiating Party(ies). The Initiating Party(ies) andthe RespondingParty(ies) shall thenmeet within thirty ( 30) days of the dateof the responseto attemptto resolvethe disputeamicably.

7. 3 Mediation of Dispute. If the Initiating Party(ies) and the Responding Party(ies) cannotresolve the disputewithin ninety (90) days of the date of the written response, they shall engagea mediator, experiencedin water -related disputes, to attempt to resolve the dispute. EachParty shallensurethat it is representedatthe mediationby aDirector or Trusteeor other representativewith authorityto settle, Theserepresentativesof the Initiating Party(ies) and the Responding Party(ies) may consult with staff and/or technical consultants during the mediation andsuchstaff and/or technicalconsultantsmaybepresentduring the mediation. The costsof the mediator shallbe divided evenlybetweenthe Initiating Party(ies) andthe RespondingParty(ies).

The decision of the mediator shall be non -binding.

7. 4 Reservation of Rights. Subject to the above requirements, in the event that mediationfails, eachParty retainsandmay exerciseall legal andequitablerights andremediesit may haveto enforcethetermsof this Agreement; provided, thatprior to commencinglitigation, a Party shall provide at least five ( 5) calendar days' written notice of its intent to sue to all Parties.

8. RELATIONSHIP TO WATER RIGHTS AND PRIOR AGREEMENTS

8. 1 Water Rights and Existing Agreements. Nothing in this Agreement is intendedto modify the water rights of the Partiesor the Ex Oficio participants, whether existing under a judgment, proceedings of the State Water Resources Control Board, or the common law.

Nothingin thisAgreementisintendedto modifyanyexistingagreementsbetweenandamongthe Parties, unless expressly stated herein.

8. 2 AgreementsAmong Water Users. Nothing in this Agreementis intended to modify the rights of the signatoriesof this Agreementamongthemselves.

8. 3 Judgments. Nothing in this Agreement is intended to modify the rights of the Partiesunderthetermsof thejudgmentsin OrangeCountyWaterDistrict v. City of Chino et al. ( Orange County Superior Court, Case No. 117628, April 17, 1969) and Western Municipal WaterDistrict ofRiverside Countyv. EastSanBernardino County WaterDistrict et al. (Riverside 159/ 015042- 0001
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County SuperiorCourt CaseNo. 78426, April 17, 1969); Chino Basin WaterDistrict V. City of Chino, SanBernardino Superior Court CaseNo. 164327; Big Bear Municipal WaterDistrict v.

NorthFork WaterCompany, SanBernardinoSuperiorCourtCaseNo. SCV 165493; or City of San Bernardino v. Fontana Water Company, San Bernardino Superior Court CaseNo.17030 January 28, 1924). It is the intention of the Parties in forming the GC to apply, administer, and conformto therequirementsandprovisionsof eachof thesejudgments. In theeventof anyconflict betweenthe actionsof the GC, andthe requirementsandprovisions of suchjudgments, the latter shall control.

8. 4 No Admissions. Nothing in this Agreement shall be construed as an admissionby any Partyregardinganysubjectmatterof this Agreement, including but not limited to the water rights or priorities of sameof the Parties.

8. 5 Preservation of Rights. The Parties agree that this Agreement, to the extent allowed by law, preservesall rights of thePartiesasthey may exist asof theEffective Date of this Agreement. Nothing in this Agreementis to be construedasalteringthe priorities or entitlements of water right holders among themselves to water from the Santa Ana River or the Basin.

9. MISCELLANEOUS

9. 1 Authority. Each signatory of this Agreement representsthat s/he is authorizedto executethis Agreementon behalf of the Party for which s/he signs. Each Party representsthat it has legal authority to enter into this Agreementand to perform all obligations underthis Agreement, andthat by doing so, suchPartyis not in breachor violation of any other agreement or contract.

9. 2 Amendment Except as to fluctuations in the Equitable Allocation as otherwiseprovided for herein, this Agreementmay be amendedor modified only by a written instrument approved by an eighty ( 80)%) vote of the Equitable Allocation

9. 3 Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, except for its conflicts of law rules. Any suit, action, or proceeding brought under the scope of this Agreement shall be brought andmaintainedto the extent allowedby law in the Countyof SanBernardino, California.

9. 4 Headings. Theparagraphheadingsusedin this Agreementareintendedfor convenienceonly andshallnot beusedin interpretingthis Agreementor in determininganyof the rights or obligations of the Parties to this Agreement.

9. 5 Construction and Interpretation. This Agreement has been arrived at throughnegotiations, andeachPartyhashadafull andfair opportunity to revisethe terms of this Agreement. As a result, the normal rule of construction that any ambiguities are to be resolved againstthedrafting Party shall not applyin the constructionor interpretationof this Agreement.

9. 6 Entire Agreement. This Agreement constitutes the entire agreement of the Partieswith respectto its subject matter, and supersedesany prior oral or written agreement, understanding, or representation relating to the subject matter of this Agreement. 159/ 0150424001
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9. 7 Partial Invalidity. If, after the date of execution of this Agreement, any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws or adjudicatory decisionseffective during the term of this Agreement, suchprovision shall be fully severable. However, in lieu thereof; there shall be addeda provision assimilar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

9. 8 Successors and Assigns. To the extent authorized by law, this Agreement shall be binding on and inure to the benefit of the successorsand assigns of the respective Parties to this Agreement. No Party may assign its interests in or obligations under this Agreement without thewritten consentof the otherParties, which consentshallnot beunreasonablywithheld or delayed.

9. 9 Waivers. Waiver of any breach or default hereunder shall not constitute a continuingwaiver or a waiver of anysubsequentbreacheitherof thesameor of anotherprovision of this Agreement, and forbearanceto enforce one or more of the remediesprovided in this Agreement shall not be deemed to be a waiver of that remedy.

9.10 Attorneys' FeesandCosts. The prevailing Party in any litigation or other action to enforce or interpret this Agreement shall be entitled to reasonable attorneys' fees, expert witnesses' fees, costsof suit, andotherandnecessarydisbursements, in additionto anyotherrelief deemed appropriate by a court of competent jurisdiction.

9.11 NecessaryActions. Each Party agreesto executeand deliver additional documents and instruments and to take any additional actions as may be reasonably required to carry out thepurposesof this Agreement.

9.12 Compliance with Law. In performing their respective obligations under this Agreement, the Partiesshall comply with andconform to all applicablelaws, rules, regulations and ordinances.

9.13 Third Party Beneficiaries. This Agreement shall not create any right or interestin anynon -Partyor in anymemberof the public asa third party beneficiary.

9. 14 Notices. All notices, requests, demands or other communications required orpermittedunderthis Agreementshallbein writing unlessprovided otherwisein this Agreement and shall be deemedto havebeenduly given and receivedon: ( i) the date of service if served personallyor servedby facsimile transmissionon the Party by delivery to the person(s) at the address(es) designatedbelow, whichdesignationmaybechangedfromtimetotimeby aParryin writing; ( ii) on the first day after mailing, if mailed by Federal Express, U.S. Express Mail, or other similar overnightcourierservice, postageprepaid, andaddressedasprovidedbelow, or (iii) onthe third day after mailing if mailed to the Party to whom notice is to be given by first classmail, registered or certified, postage prepaid, addressed as follows:
159/ 015042- 0001
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To CITY OF COLTON:

To CITY OF REDLANDS:

To CITY OF RIALTO:

To CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT:

To CITY OF LOMA LINDA:

To EAST VALLEY WATER DISTRICT:

To SAN BERNARDINO VALLEY
MUNICIPAL WATER DISTRICT:

CITY OF COLTON
Attn: David Kolk, Utilities Director
650 N. La Cadena Drive
Colton, CA 92324

CITY OF REDLANDS
Attn: John Harris, Public Works Director
35 Cajon Street
Redlands, CA 92373

CITY OF RIALTO
Attn: Thomas J. Crowley, Utilities Manager
150 S. Palm Avenue
Rialto, CA 92376

CITY OF SAN BERNARDINO MUNICIPAL

WATER DEPARTMENT
Attn: Miguel Guerrero, Director, Water Utility
397 Chandler Place
San Bernardino, CA 92408

CITY OF LOMA LINDA
Attn: Bill Walker, Director of Utilities
25541 Barton Road
Loma Linda, CA 92354

EAST VALLEY WATER DISTRICT
Attn: John J. Mora, General Manager
31 I 1 Greenspot Road
Highland, CA 92346

SAN BERNARDINO VALLEY MUNICIPAL

WATER DISTRICT
Attn: Doug Headrick, General Manager
380 E. Vanderbilt Way
San Bernardino, CA 92408
To SAN BERNARDINO VALLEY WATER SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT:

To FONTANA WATER COMPANY

CONSERVATION DISTRICT
Attn: Daniel Cozad, General Manager
1630 West Redlands Blvd., Suite A
Redlands, California 92373

FONTANA WATER COMPANY
Attn: Chris Fealy, Water Resources Manager
Post Office Box 309
Fontana, CA 92335
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To WEST VALLEY WATER DISTRICT: WEST VALLEY WATER DISTRICT Attn: Greg Gage, AssistantGeneralManager
855 W Baseline Road
Rialto, CA 92376
To YUCAIPA VALLEY WATER YUCAIPA VALLEY WATER DISTRICT
DISTRICT: Attn: Joe Zoba, General Manager
12770 2nd Street
Yucaipa, CA 92399
To BEAR VALLEY MUTUAL WATER BEAR VALLEY MUTUAL WATER
COMPANY: COMPANY
Attn: Bob Martin
101 E, Olive Avenue
Redlands, CA 92373
To LOMA LINDA UNIVERSITY: LOMA LINDA UNIVERSITY
Central Utilities Plant
Attn: Bill Walker, Director of Utilities
11100 Anderson Street
Loma Linda, CA 92330

9. 15 Countemarts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

CITY OF COLTON,
a California general law city and
municipal corporation
DATED:._..._.__._ , 2018
By:_
William R. Smith, City Manager
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Redlands Regular Meeting of 06-06-2023

CITY OF REDLANDS,
a California general law city and
municipal corporation
DATED: By:

Charles M: Duggan, Jr., Ci
W
Man er
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Redlands Regular Meeting of 06-06-2023

CITY OF RIALTO
a California general law city and
municipal corporation
DATEl): ?— L2 2018 By:

1. Interim Cite Administrator
d Development Services Director
S"ignafures continued on ne-vi page]
159 1115[ I.{?_ IIOi11
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Redlands Regular Meeting of 06-06-2023

CITY OF SAN BERNARDINO
iv[ U N ICI PAL WATER DEPARTMENT
DATED: 12018 By:

U'd lt. lltel- 13C1
Attest: fV
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CITY OF LOMA LINDA
a California charter city and
municipal corporation
ATED: 2018 By: 47 :—
T. 7arb Thaipejr, City Manager
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I59YO15042. 0001
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Redlands Regular Meeting of 06-06-2023

Dated: (,
1 Agency East Valley Water Pistrict
Name: John Mura 1
Title: _ General Manager/ CEO I

Execution Copy
MOU for Groundwater5ustainabilityCouncils
November 2015
150/ 227
Redlands Regular Meeting of 06-06-2023

SAN BERNARDINO VALLEY

MUNICIPAL WATER DISTRICT
DATED: , 2018 By: (' 1z
Doilglas Headrick, General Manager
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Redlands Regular Meeting of 06-06-2023

APPROVED AS TO FORM:

General 06unsel
Dated: n ` /

Execution Copy

SAN BERNARDINO VALLEY WATER

CONSERVATION DISTRICT
1630 W. Redlands Blvd, Suite A
Redlands, CA 92373
MOU for Groundwater Sustainability Councils
November 2015
Redlands Regular Meeting of 06-06-2023

DATED: 4-115 , 20I 9

FONTANA UNION WATER COMPANY
By: 44, 41 ' dl
llxohn
Bosler, President
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23 Redlands Regular Meeting of 06-06-2023

Date a 2020

WEST VALLEY WATER DISTRICT
B
nning Hawkins
resident, Board of Directors
By: C" I
Clarence C. Mansell, Jr.

General Manager
By: - PCQm4
Peggy Asche
Acting Board Secretary
Robert Tafoya
General Counsel
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Redlands Regular Meeting of 06-06-2023

YUCAIPA VALLEY WATER DISTRICT
DATED: F; `` j,/ .
12018
Zoba, General
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I 591015042- M 1
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BEAR VALLEY MUTUAL WATER
COMPANY, a California mutual water
company
By:

David Knight, B President
DATED: February 20 , 2018
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LOMA LINDA UNTVERSTI' Y
Bp:_ -/ Z- 0
Richard H. Hart DrPH,
President
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EXHIBIT A
Map of Upper Santa Ana Bunker Hill Basin
Taken from DWR Bulletins No. 118)
Map
8- 002. 06 UPPER SANTA ANA VALLEY - BUNKER HILL
4' ik rry +
OD
I
N
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Exhibit B

EQUITABLE ALLOCATION METHOD D
ThePartiesto this agreementhaveagreedto equitablysharecostsandestablishthe voting weight for eachPartyusingthefollowing method, which shallbe performedannually after the annual submittal of the Western - San Bernardino Watermaster Report to the Court. The details for this method are included in a Microsoft Excel Spreadsheettitled BTAC Equitable Allocation Method SBBA 1.18.18.xlsx, as amended by the GC from time to time, which is incorporatedhereby reference. Copiesof that file havebeenmadeavailableto all parties.

I. Calculation of the Equitable Operations and Maintenance ( O& M) Cost.

The equitable distribution of the O& M Costs amongst the Parties shall be calculated from the approved budget, as follows:

Equitable O&M CostPlaintjtj's = 0. 2795 x O& M Costs
Equitable O& M Cost NonPlaintiffs = Proportion of Total Pumping x 0.7205 x O&M Costs where,
O& M Costs = annual budgeted or actual costs to operate and maintain the facilities needed to rechargesupplementalwaterintotheSBBAthathavebeenreviewedandapprovedby the Council
Proportion of Total Pumping (%) _ _ Partv'stotal SBBA pumping Non -Plaintiff Total SBBA Pumping
where,
Parry'stotal SBBA pumping (acre-feet) = the Party's total amountpumpedfrom the SBBA forthepreviouscompletecalendaryear, aspublishedbytheWestern -SanBernardino Watermaster, andadjustedfor anywaterpumpedby onePartyandreceivedby another Party, to coordinatewith non-parties still paying the groundwatercharge, Partiesmay be requestedto report production to the SBVWCD, asneeded.

Non -Plaintiff Total SBBA Pumping (acre-feet) = total Non -Plaintiff pumping of theparties for theprevious completecalendaryear, asrecordedby the Western -SanBernardino Watermaster.

II. Calculation of the Equitable Water Cost.

The equitable distribution of the water cost for sustainability will only be paid by the Non - Plaintiff parties and shall be calculated, asfollows:

Equitable Water Cost = Party Gap + Sustainability
where,
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PartyGVA _ (Gapr999-63+GaPLast5Years) * SWPCost2
where,
6ap1959-63+6aPW,, 5Yoars) C0, elsePartyGap ($) _ $0
2 Gap 195m3 (acre-feet) = GWSY1959-63 + SW I959-63 - Demand PreviousYear GapLast5Years (acre-feet) = GWSYLast5Years + SWLasI5Yeam - DemandPrevio, Year + Net New Recycled r e °„sYear
where,
GWSY1959-63 = local groundwatersuppliesavailable to a Partyasa portion of their baseperiod safeyield.

The baseDeriod safevield for the SBBA hasbeenproportioned amongstthe Parties as described below:
where,
GWSY3959-63 = Safe Yleldl959-63 — SW 1959-63
SW3959.63 = averagesurfacewater usageby aparty from 1953-1963 DemandPaloasYear = totalwaterdemandcalculatedfor thePartyfor thepreviousyear using publisheddata, asapprovedby the Council.

GWSYLast5Years = local groundwatersuppliesavailableto a Party asaportion of their current Safe Yield.

The safeyield of the last 5 years for the SBBA will beproportioned amongstthe Parties as described below.
where,
GWSYL. 15Years = Safe YieldLut. sYears — SWLaet5Year:

SWLast5Yeors = averagesurfacewaterusageby aparty within the last 5 years.

NetNewRecycledPredoasyear = Theamountof recycledwaterfromthepreviousyear minus Recycled 1959-63
why
Recycled1959-69is the amountof recycledwater used in the baseperiod Sustainability ($) = WaterUse x (Total Equitable Water Cost — Total Gap ($)) where,
Water Use (%) = Party Water Use (acre-feet)
Total Water Use ( acre- feet)
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where,
Party WaterUse (acre-feet) = the Party'stotal averagewater use overthe past, complete, 5year period (surfacewater, groundwater, recycled water, imported water, etc.)
Total WaterUse (acre-feet) = Summationof eachindividual Party WaterUse Total Equitable Water Cost= Sustainable Amount x SWP Cost where,
Sustainable Amount ( acre- feet) = The amount of SWP water, in acre- feet, needed to achievelong-term sustainability, which shall be obtainedfrom thelatest edition of the SanBernardinoValley RegionalUrban WaterManagementPlan, Average Scenario for the latestplanning yearplus the publishedreliability factor, currently 10% SWP costWacre-foot) = Thecost for rechargedSWP water as publishedin the San Bernardino Valley Municipal Water District Resolution 888, as amended Total Gap ($) = Summationof eachindividual Party Gap ($) for all Parties Proportioning SafeYield.

The Western -SanBernardino Judgmentdoesnot apportionthe safeyield by water agency. The Parties agree that, for purposes of this agreement, the Safe Yield will be apportioned, as follows:

SafeYieldr9e9-63: The safeyield duringthe BasePeriodwas proportionedasfollows:
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Other Non - Plaintiff Extractions 55, 412
Non - Plaintiff Total: 167, 238
SafeYieldr,„ 5yea.: The safeyield for the previous 5, complete, calendaryearsshall be proportioned basedupon the total water usefor eachParty, asfollows:

Safe Yields,,,, 5Yms = Water Use X Safe YieldNo P1,m1fff, Where,
Water Use is a percentage (%) and is defined above
SafeYieldN. rmmetta = definedby the Westem-SanBernardinoWatermasterfrom time to time, currently 172,745 acre- feet
Credit or Water. A party canprovide a new regional supplyfor basinbenefit andreceivemonetarycredit towards their Equitable water cost.

Credit for Water ($) = water provided for basin benefit x SWP Cost where
Waterprovided for basinbenefit = local surfacewater availableto anagencythat is controlled by that agencyand intentionally delivered for groundwaterrechargeinto the SBBA or new recycledwater an agencyis using to offset potablewateruseor is recharginginto the SBBA abovethe amountof recycled water that agencywasutilizing during the baseperiod
SWP Cost= defined above
III. Formula for Voting Weight. The voting weight for eachParty will be calculated, as follows:

Voting Weight = Total Party Cost
Total Costs
Where,
Total Party Cost = Equitable O& M Cost14. rlamnst, + EquitableWater Cost Total Costs = 0. 7205 x O& M Costs + Total Sustainable Water Cost The total sumof all of the individual Voting Weight valuesshall beequal to 1.0. 1591015042- 0001
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159/015042-0001
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AMENDMENT TO SAN BERNARDINO BASIN GROUNDWATER COUNCIL

FRAMEWORK AGREEMENT
This AMENDMENT TO SAN BERNARDINO BASIN GROUNDWATER COUNCIL FRAMEWORK AGREEMENT (“Amendment”) is entered into and effective this ___ day of _____, 2023 by and among the City of Colton (“Colton”), the City of Redlands (“Redlands”), the City of Rialto (“Rialto”), the City of San Bernardino Municipal Water Department (“SBMWD”), City of Loma Linda (“Loma Linda”), East Valley Water District (“East Valley”), San Bernardino Valley Municipal Water District (“Valley District”), San Bernardino Valley Water Conservation District (“ Conservation District ”), Fontana Water Company (“ FWC”), West Valley Water District (“ WVWD”), Yucaipa Valley Water District (“Yucaipa ”), Bear Valley Mutual Water Company (“BVMWC”), and Loma” Linda University (“LLU”) each of which is referred to as a “Party,” for the purpose of extending the original San Bernardino Basin Groundwater Council Framework Agreement until June 30, 2024, while participants continue their analysis and deliberations regarding its potential longer term renewal. This Amendment is entered into in consideration of all of the following:

RECITALS
WHEREAS, on or about February 27, 2018, the Parties to this A mendment entered into that certain “San Bernardino Basin Groundwater Council Framework Agreement ” (“Original Agreement”) for the purpose of coordinating basin management and cooperatively funding basin maintenance and groundwater recharge activities within the San Bernardino Basin Area; and WHEREAS, the Original Agreement had a term of five (5) years; and WHEREAS, the Groundwater Council formed under the Original Agreement has been functioning successfully since then, allowing a forum for cooperative management and input of basin maintenance, operation, and recharge activity, including cooperative funding for imported or other supplemental water supplies when available for replenishing local groundwater supplies; and
WHEREAS, in light of the coming expiration of the five -year term of the Original Agreement, the Parties have undertaken deliberation and debate on modifications that might be made to the Groundwater Council’s structure and procedures, including refinements to its Equitable Allocation Model; and
WHEREAS, the Parties have reached agreement on modifications to the Equitable Allocation Model, but have not finalized consensus on other contemplated changes to the Groundwater Council processes, structures, and procedures; and WHEREAS, the Parties wish to implement the Equitable Allocation Model revisions on which they have reached agreement, but continue the Original Agreement in all other respects as originally adopted to allow for further investigations and potential improvements to the original Groundwater Council, its purposes, processes, and procedures.

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NOW THEREFORE, in consideration of the matters recited and the mutual promises, covenants, and conditions set forth in this Agreement, the Parties hereby agree as follows:

1. EQUITABLE ALLOCATION MODEL
The Equitable Allocation Model , attached to the Original Agreement as Exhibit B, is hereby replaced, and superseded in its entirety by the Equitable Allocation Model attached to this Amendment as Amended Exhibit B.

2. TERM
Paragraph 2.2 of the Original Agreement is hereby amended to read as follows:

This Agreement shall remain in effect until June 30, 2024, unless earli er terminated by the unanimous written consent of all then- active Parties, provided, however, that this Agreement shall remain in effect during the term of any contractual obligation or indebtedness of the GC that was previously approved by the GC.

3. REMAINDER OF ORIGINAL AGREEMENT UNAFFECTED.

Except as specifically amended herein, the remainder of the Original Agreement is and shall be unaffected by this Amendment, with the intent that only the Term and the Equitable Allocation Model shall vary from the Original Agreement, and except as specifically so amended, the Original Agreement in all of its particulars shall remain in full force and effect throughout the extended term.

4. COUNTERPARTS.

This Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

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DATED: ____________________, 2023

CITY OF COLTON,
a California general law city and
municipal corporation
By:__________________________________
William R. Smith, City Manager

Redlands Regular Meeting of 06-06-2023

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DATED: ____________________, 2023

CITY OF REDLANDS,
a California general law city and
municipal corporation
By:__________________________________
Charles M. Duggan, Jr., City Manager

[Signatures continued on next page]

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DATED: ____________________, 2023

CITY OF RIALTO
a California general law city and
municipal corporation
By:__________________________________
Arron Brown, Acting City Manager

[Signatures continued on next page]

Redlands Regular Meeting of 06-06-2023

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DATED: ____________________, 2023

CITY OF SAN BERNARDINO

MUNICIPAL WATER DEPARTMENT
By:__________________________________
Miguel Guerrero, General Manager

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ATED: ____________________, 2023

CITY OF LOMA LINDA
a California charter city and
municipal corporation
By:__________________________________
T. Jarb Thaipejr, City Manager

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DATED: ____________________, 2023

EAST VALLEY WATER DISTRICT
By:__________________________________
Michael Moore, General Manager/CEO

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DATED: ____________________, 2023

SAN BERNARDINO VALLEY

MUNICIPAL WATER DISTRICT
By:__________________________________
Heather Dyer, CEO/General Manager

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DATED: ____________________, 2023

SAN BERNARDINO VALLEY WATER

CONSERVATION DISTRICT
By:__________________________________
Betsy Miller, General Manager

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DATED: ____________________, 2023

FONTANA WATER COMPANY
By:__________________________________
Josh Swift, General Manager

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DATED: ____________________, 2023

WEST VALLEY WATER DISTRICT
By:__________________________________
Van Jew
Acting G eneral Manager

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DATED: ____________________, 2023

YUCAIPA VALLEY WATER DISTRICT
By:__________________________________
Joseph Zoba, General Manager

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DATED: ____________________, 2023

BEAR VALLEY MUTUAL WATER
COMPANY, a California mutual water
company
By:__________________________________
George Hanson, General Manager

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DATED: ____________________, 2023

LOMA LINDA UNIVERSITY
By:__________________________________
Richard H. Hart, MD, DrPH,
President

[End of Signatures Pages]

Redlands Regular Meeting of 06-06-2023

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Exhibit B

EQUITABLE ALLOCATION METHOD

The Parties to this agreement are currently sharing costs and establishing the voting weight for each Party using the following method, which is performed annually after the annual submittal of the Western-San Bernardino Watermaster Report to the Court. The details for this method are included in a Microsoft Excel Spreadsheet titled REVISED_EAM_Budget_FY23- 24_V3.xlsx, as amended by the GC from time to time, which is incorporated here by reference.

Copies of that file have been made available to all parties.

I. Calculation of the Equitable Operations and Maintenance (O&M) Cost.

The equitable distribution of the O&M Costs amongst the Parties shall be calculated from the approved budget, as follows:

Equitable O&M Cost Plaintiffs = 0.2795 x O&M Costs
Equitable O&M Cost Non Plaintiffs = Proportion of Total Pumping x 0.7205 x O&M Costs where,
O&M Costs = annual budgeted or actual costs to operate and maintain the facilities needed to recharge supplemental water into the SBBA that have been reviewed and approved by the Council

Proportion of Total Pumping (%) = Party’s total SBBA pumping Non-Plaintiff Total SBBA Pumping

where,

Party’s total SBBA pumping (acre-feet) = the Party’s total amount pumped from the SBBA for the previous complete calendar year, as published by the Western-San Bernardino Watermaster, and adjusted for any water pumped by one Party and received by another Party, to coordinate with non-parties still paying the groundwater charge, Parties may be requested to report production to the SBVWCD, as needed.

Non-Plaintiff Total SBBA Pumping (acre-feet) = total Non-Plaintiff pumping of the parties for the previous complete calendar year, as recorded by the Western-San Bernardino Watermaster.

II. Calculation of the Equitable Supplemental Water Cost.

The equitable distribution of the supplemental water cost will only be paid by the Non-Plaintiff parties and shall be calculated, as follows:

Equitable Water Cost = Party Gap + Sustainability
Redlands Regular Meeting of 06-06-2023

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where,
Party Gap ($) = 𝐺𝐺𝐺𝐺𝐺𝐺𝐿𝐿𝐺𝐺 𝐿𝐿𝐿𝐿 5 𝑌𝑌𝑌𝑌𝐺𝐺 𝑌𝑌𝐿𝐿 ∗ 𝑆𝑆𝑆𝑆𝐺𝐺 𝐺𝐺 𝑆𝑆𝑌𝑌𝑆𝑆𝑌𝑌𝑆𝑆𝐿𝐿 𝐺𝐺 𝑆𝑆 𝑊𝑊𝐺𝐺𝐿𝐿 𝑌𝑌𝑌𝑌 𝐶𝐶 𝐶𝐶𝐿𝐿𝐿𝐿 where,
𝐺𝐺
𝐺𝐺𝐺𝐺𝐿𝐿𝐺𝐺𝐿𝐿𝐿𝐿 5 𝑌𝑌 𝑌𝑌 𝐺𝐺 𝑌𝑌𝐿𝐿 < 0, else Party Gap ($) = $0 Gap Last 5 Years (acre-feet) = Safe Yield Last 5 Years - Demand Previous Year + Net New Recycled Previous Year
where,
Demand Previous Year = total water demand calculated for the Party for the previous year using published data, as approved by the Council.

The safe yield of the last 5 years for the SBBA will be proportioned amongst the Parties as described below.
where,
Net New Recycled Previous Year = The amount of recycled water from the previous year minus Recycled 1959-63
where,
Recycled1959-63 is the amount of recycled water used in the base period 50% Local SW Recharged = 50% of the 5-year average local surface water available to an agency that is controlled by that agency and intentionally delivered for groundwater recharge into the Basin
Sustainability ($) = Water Use x (Total Equitable Water Cost – Total Gap ($)) where,
Sustainability Water Use (%) =
Party Water Use (acre−feet)−50% Local SW Recharged
Total Water Use (acre−feet)−50% Total Local SW Recharged where,
Party Water Use (acre-feet) = the Party’s total average water use over the past, complete, 5 year period (surface water, groundwater, recycled water, imported water, 50% Local SW Recharged, etc.)
Total Water Use (acre-feet) = Summation of each individual Party Water Use 50% Total Local SW Recharged = 50% of the sum of all Local SW Recharged Total Equitable Water Cost = Sustainable Amount x Supplemental Water Cost where,
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Sustainable Amount (acre-feet) = The amount of supplemental water, in acre-feet, needed to achieve long-term sustainability which shall be determined by the GC Supplemental Water cost ($/acre-foot) = The cost for recharged Supplemental Water.

The cost for SWP water will be as published in the San Bernardino Valley Municipal Water District Resolution 888, as amended
Total Gap ($) = Summation of each individual Party Gap ($) for all Parties Proportioning Safe Yield.

The Western-San Bernardino Judgment does not apportion the safe yield by water agency. The Parties agree that, for purposes of this agreement, the Safe Yield will be apportioned, as follows:

Safe Yield Last 5 years: The safe yield for the previous 5, complete, calendar years shall be proportioned based upon the total water use for each Party, as follows:

Safe Yield Last 5 Years = Party Water Use x Safe Yield Non Plaintiffs Where,
Water Use is a percentage (%) and is defined above
Safe Yield Non Plaintiffs = defined by the Western-San Bernardino Watermaster from time to time, currently 172,745 acre-feet
Credit for Water. A party can provide Net New Recycled Previous Year and 50% Local SW Recharged and receive monetary credit towards their Equitable water cost.

Credit for Water ($) = (Net New Recycled Previous Year + 50% Local SW Recharged) x Supplemental Cost where,
Net New Recycled Previous Year = defined above
50% Local SW Recharged = defined above
Supplemental Water Cost = defined above
III. Formula for Voting Weight. The voting weight for each Party will be calculated, as follows:

Voting Weight = Total Party Cost
Total Costs
Where,
Total Party Cost = Equitable O&M Cost Non Plaintiffs + Equitable Water Cost Total Costs = 0.7205 x O&M Costs + Total Sustainable Water Cost The total sum of all of the individual Voting Weight values shall be equal to 1.0.

Redlands Regular Meeting of 06-06-2023

REVISED GC EAM FY23-24
Agency Party Gap
FY23-24 (AF)
Sustainability
FY23-24 (AF)
Credit for
Water brought
to the Basin
(AF)
Total
Equitable
Water Cost
FY23-24 ($)
Water
Corrections
for Previous
Years ($)
Total Water
Cost with
Corrections
($)
Total Water
with
Corrections
(AF)
Equitable O&M
Costs FY23-24
($)
O&M
Corrections for
Previous Years
($)
Total O&M
Cost with
Corrections
($)
Total Party
Costs FY23-24
($)
Voting
Weight
2023-24
Bear Valley Mutual Water Company - 15 (1,290) -$ -$ -$ 0 594$ -$ 594$ 594$ 0.02% City of Colton - 656 - 77,683$ -$ 77,683$ 656 15,462$ -$ 15,462$ 93,145$ 2.8% City of Loma Linda - 1,120 - 132,569$ -$ 132,569$ 1120 46,146$ -$ 46,146$ 178,715$ 5.4% City of Redlands - 6,647 (6,158) 57,899$ -$ 57,899$ 489 225,832$ -$ 225,832$ 283,731$ 8.6% City of Rialto - 1,319 (5) 155,589$ -$ 155,589$ 1314 47,423$ -$ 47,423$ 203,012$ 6.1% City of San Bernardino - 8,927 (3) 1,056,556$ -$ 1,056,556$ 8924 368,652$ -$ 368,652$ 1,425,208$ 43.1% East Valley Water District - 4,561 (1,227) 394,790$ -$ 394,790$ 3334 110,211$ -$ 110, 211$ 505,001$ 15.3% Fontana Union Water Company - 1,229 - 145,571$ -$ 145,571$ 1229 30,586$ -$ 30,586$ 176,157$ 5.3% Loma Linda University - 222 - 26,308$ -$ 26,308$ 222 9,412$ -$ 9,412$ 35,720$ 1.1% San Bernardino Valley M.W.D. - 20 - 2,367$ -$ 2,367$ 20 9$ -$ 9$ 2,376$ 0.1% West Valley Water District - 2,730 (8) 322, 265$ -$ 322,265$ 2722 76,680$ -$ 76,680$ 398,945$ 12.1% Yucaipa Valley Water District - 27 - 3,186$ -$ 3,186$ 27 852$ -$ 852$ 4,038$ 0.1% Total GC Parties: - 27,473 (8,691) 2,374,783$ -$ 2,374,783$ 20057 931,858$ -$ 931,858$ 3,306,641$ 100% Mountain View Power Co. - 296 - 35,040$ -$ 35,040$ 296 # N/A -$ #N/A 35,040$ #N/A Muscoy Mutual Water Company No. 1 - 373 - 44,129$ -$ 44,129$ 373 #N/A -$ #N/A 44,129$ #N/A San Bernardino County - Facility Management 29.28 205 - 27,775$ -$ 27,775$ 235 #N/A -$ #N/A 27,775$ #N/A Terrace Water Company - 51 - 6,038$ -$ 6,038$ 51 #N/A -$ #N/A 6,038$ #N/A Other Inside SBVWCD - 1,353 - 160, 253$ -$ 160, 253$ 1353 # N/A -$ # N/A 160,253$ # N/A Other Outside SBVWCD - 219 - 25,931$ -$ 25,931$ 219 #N/A -$ #N/A 25,931$ #N/A San Bernardino Non-Parties Total: 29.28 2,497 - 299,166$ -$ 299,166$ 2527 -$ -$ -$ 299,166$ 0% Western Entities Total: - - - - - - 0 -$ - - -$ 0% Total: 29 29,971 (8,691) 2,673,949$ -$ 2,673,949$ 22584 931,858$ -$ 931,858$ 3,605,808$ 100% REVISED Groundwater Council Equitable Allocation Budget for FY 2023-24 4/25/2023
Redlands Regular Meeting of 06-06-2023

REVISED EAM FY 2023-24
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
2930
3132
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 5859
6061
62 A B C D E F G H I J K L M N O P Q R S
REVISED EAM - FY 2023-24 Calculation
Precipitation Adjustment 0% Sustainable Amount (AF) 30,000 New Conservation Present Safe Yield Recharge 95% Budgeted Water Cost 3,552,000$ Non-Plaintiff 72.05% 167,238 5,507 172,745 Direct Use 100% Budgeted O&M Cost SBVWCD 731,858$ Plaintiff 27.95% 64,862 2,136 66,998 SWP Cost Recharge ($/AF) 118$ Budgeted O&M SBCFCD Facility 200,000$ Budgeted Admin Costs -$
Current (last 5 years)
2017-21
(5 years)
Total SBBA
Demand
Agency Abbreviation 2017 2018 2019 2020 2021
Average SBBA
Use 2017-21
(AF)

SWP (AF)
Recycled
WaterPrevious Year
(AF)
50% of Local
Supplies for
Recharge Average
2017-21 (AF)
Party Water Use
(AF) % of Total Safe Yield Last 5 Years
(AF)
Safe Yield % of
Total
Demand Previous Year
(2021)
New Direct
Recycled
(AF)
Recycled
Water1959-63
(AF)
New Recharge
Recycled
(AF)
Bear Valley Mutual Water Company BVMWC 10,332 10,220 6,940 12,383 13,515 10,678 262 - 1,290 12,231 8.1% 14,041 5.86% (13,515) - - - City of Colton Colton 3,842 3,695 2,943 2,624 1,743 2,969 - - - 2,969 2.0% 3,409 1.42% (1,743) - - - City of Loma Linda Loma Linda 5,070 5,158 4,725 5,182 5,202 5,067 - - - 5,067 3.4% 5,817 2.43% (5,202) - 235 - City of Redlands Redlands 25,528 25,675 23,597 25,573 25,968 25,268 84 4,731 1,427 31,510 20.9% 36,173 15.09% (25,968) 6,799 2,068 - City of Rialto Rialto 3,149 6,411 5,406 5,091 6,313 5,274 696 - 5 5,975 4.0% 6,859 2.86% (6,313) - - - City of San Bernardino SBMWD 29,154 39,523 37,144 39,618 41,558 37,399 3,000 - 3 40,403 26.9% 46,382 19.35% (41,558) - - - East Valley Water District EVWD 20,103 19,989 17,143 20,828 17,715 19,156 1,489 - 1,227 21,871 14.5% 25,108 10.47% (17,715) - - - Fontana Union Water Company FWC 4,112 5,147 6,045 6,424 6,094 5,564 - - - 5,564 3.7% 6,388 2.66% (6,094) - - - Loma Linda University LLU 990 986 961 1,030 1,061 1,006 - - - 1,006 0.7% 1,154 0.48% (1,061) - - - Mountain View Power Co. SCE 1,889 863 1,251 1,674 1,020 1,339 - - - 1,339 0.9% 1,538 0.64% (1,020) - - - Muscoy Mutual Water Company No. 1 MMWC 1,652 1,649 1,571 1,739 1,823 1,687 - - - 1,687 1.1% 1,936 0.81% (1,823) - - - San Bernardino County - Facility Management SBC 841 846 770 1,093 1,096 929 - - - 929 0.6% 1,067 0.44% (1,096) - - - San Bernardino Valley M.W.D. SBVMWD - 449 1 1 1 90 - - - 90 0.1% 104 0.04% (1) - - - Terrace Water Company Terrace 464 343 205 141 1 231 - - - 231 0.2% 265 0.11% (1) - - - West Valley Water District WVWD 9,226 11,006 12,216 13,875 12,086 11,682 673 - 8 12,363 8.2% 14,192 5.92% (12,086) - - - Yucaipa Valley Water District YVWD 110 178 92 133 96 122 - - - 122 0.1% 140 0.06% (96) - - - Other Inside SBVWCD Other 5,473 5,915 5,836 5,203 6,320 5,749 376 - - 6,126 4.1% 7,032 2.93% (6,320) - - - Other Outside SBVWCD Other 1,323 995 922 843 873 991 - - - 991 0.7% 1,138 0.47% (873) - - - San Bernardino Entities Total: 123,258 139,048 127,769 143,455 142,486 135,203 6,580 4,731 3,961 150,474 100% 172,745 72.05% (142,486) 6,799 2,303 - Western Entities Total: - - - - - 66,998 66,998 27.95%
Total: 123,258 139,048 127,769 143,455 142,486 202,201 239,743 100% Agency Party Gap (AF) Water Use
(%)
Sustainability
(AF) Total Water (AF)
Credit for New
Recycled Water
(AF)
Credit for 50% of
Local Supplies for
Recharge (AF)
Total Water
after Credit (AF)
Estimated Total
Water Cost ($)
Proportion of
Total Pumping
Equitable O&M
Costs
Equitable Admin
Costs
Estimated Total
Party Costs ($)
Voting Weight
2023-2024
Bear Valley Mutual Water Company 0 0.1% 15 15 - 1,290 - -$ 0.04% 594$ -$ 594$ 0.0% City of Colton 0 2.2% 656 656 - - 656 77,683$ 1.1% 15,462$ -$ 93,145$ 2.8% City of Loma Linda 0 3.7% 1,120 1,120 - - 1,120 132,569$ 3.3% 46,146$ -$ 178,715$ 5.4% City of Redlands 0 22.2% 6,647 6,647 4,731 1,427 489 57,899$ 15.9% 225,832$ -$ 283,731$ 8.6% City of Rialto 0 4.4% 1,319 1,319 - 5 1,314 155,589$ 3.3% 47,423$ -$ 203,012$ 6.1% City of San Bernardino 0 29.8% 8,927 8,927 - 3 8,924 1,056,556$ 26.0% 368,652$ -$ 1,425,208$ 43.1% East Valley Water District 0 15.2% 4,561 4,561 - 1,227 3,334 394,790$ 7.8% 110,211$ -$ 505,001$ 15.3% Fontana Union Water Company 0 4.1% 1,229 1,229 - - 1,229 145,571$ 2.2% 30,586$ -$ 176,157$ 5.3% Loma Linda University 0 0.7% 222 222 - - 222 26,308$ 0.7% 9,412$ -$ 35,720$ 1.1% San Bernardino Valley M.W.D. 0 0.1% 20 20 - - 20 2,367$ 0.0% 9$ -$ 2,376$ 0.1% West Valley Water District 0 9.1% 2,730 2,730 - 8 2,722 322,265$ 5.4% 76,680$ -$ 398,945$ 12.1% Yucaipa Valley Water District 0 0.1% 27 27 - - 27 3,186$ 0.1% 852$ -$ 4,038$ 0.1% Total Purchased by GC Parties: 0 91.7% 27,473 27,473 4,731 3,961 20,057 2,374,783$ 65.72% 931,858$ -$ 3,306,641$ 100% Mountain View Power Co. 0 1.0% 296 296 - - 296 35,040$ 0.6% #N/A -$ 35,040$ #N/A Muscoy Mutual Water Company No. 1 0 1.2% 373 373 - - 373 44,129$ 1.1% #N/A -$ 44,129$ #N/A San Bernardino County - Facility Management 29 0.7% 205 235 - - 235 27,775$ 0.7% #N/A -$ 27,775$ #N/A Terrace Water Company 0 0.2% 51 51 - - 51 6,038$ 0.0% #N/A -$ 6,038$ #N/A Other Inside SBVWCD 0 4.5% 1,353 1,353 - - 1,353 160,253$ 3.7% #N/A -$ 160,253$ #N/A Other Outside SBVWCD 0 0.7% 219 219 - - 219 25,931$ 0.1% #N/A -$ 25,931$ #N/A Non-Parties Total: 29 8.3% 2,497 2,527 - - 2,527 299,166$ 6.33% -$ -$ 299,166$ #N/A Western Entities Total: 0 0% - - - - - - 27.95% -$ -$ -$ #N/A Total: 29 100% 29,971 30,000 4,731 3,961 22,584 2,673,949$ 100% 931,858$ -$ 3,605,808$ #N/A Recycled WaterPresent Period Net SBBA GW + SW Prodcution (AF) Total (2023-24)Equitable O&M Costs
Present Period Safe Yield
Total Average Use, 2017-21(AF)
REVISED EAM - FY2023-24 Calculation
Equitable Water Costs
Safe Yield Distribution
Base Period Safe Yield
4/25/2023
Redlands Regular Meeting of 06-06-2023

4/25/2023
0 5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
$2,000,000
Average SBBA Pumping (AF)
REVISED GC EAM 2023-2024 Fiscal Year
Annual O&M and SWP for Ultimate Sustainability (2040)
Party Gap ($) Sustainability ($) Equitable O&M Cost ($) Credit for Water ($) 2016-20 Average SBBA Pumping Redlands Regular Meeting of 06-06-2023

Extraction Data and Adjustments
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
2324
25 26
27 28
29 3031
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102
103
104

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z AA AB AC AD AE Recycled Water
(Data provided by
agencies)
Recycled Water
Base period Total 2021
Agency 1959 1960 1961 1962 1963 2017 2018 2019 2020 2021 2017 2018 2019 2020 2021 1959 1960 1961 1962 1963 AVG 2021 1959-63 2021 2017 2018 Bear Valley Mutual Water Company 24,597 20,706 19,405 18,864 15,632 16,396 11,550 14,414 18,526 11,062 - - - - - - - 1,012 974 882 574 - - - 2,805 669 City of Colton 2,814 3,606 3,305 3,743 3,267 3,842 3,695 2,943 2,624 1,743 - - - - - - - - - - - - - - - - City of Loma Linda - - - - - 5,070 5,158 4,725 5,182 5,202 - - - - - 1,827 1,840 1,991 1,729 1,290 1,735 - 235 - - - City of Redlands 18,717 19,264 18,365 19,901 15,922 24,216 21,710 25,739 28,424 29,039 - 448 1 1 824 7,202 6,245 8,554 7,022 6,439 7,092 6,799 2,068 4,731 2,852 1,740 City of Rialto 1,659 795 959 1,068 1,397 3,885 4,413 3,560 3,897 4,868 1,692 1,998 2,372 1,720 1,445 959 827 875 1,033 470 833 - - - - - City of San Bernardino 17,268 16,099 18,448 17,575 16,456 38,478 40,158 37,875 40,504 43,290 (139) (635) (731) (886) (1,732) 4,111 3,704 3,633 3,070 2,821 3,468 - - - - - East Valley Water District 6,545 6,891 7,632 7,022 7,427 15,214 14,545 12,276 15,169 12,424 - - - - - 7,003 7,044 8,519 8,352 7,621 7,562 - - - 420 1,693 Fontana Union Water Company 19,841 15,649 13,295 14,674 12,086 4,112 5,147 6,045 6,424 6,094 - - - - - - - - - - - - - - - - Loma Linda University 1,011 1,116 1,202 1,166 901 990 986 961 1,030 1,061 - - - - - - - - - - - - - - - - Mountain View Power Co. 1,410 1,219 1,425 726 744 1,889 863 1,251 1,674 1,020 - - - - - - - - - - - - - - - - Muscoy Mutual Water Company No. 1 1,943 1,870 2,028 1,863 1,684 1,652 1,649 1,571 1,739 1,823 - - - - - - - - - - - - - - - - San Bernardino County - Facility Management 636 615 809 564 386 841 846 770 1,093 1,096 - - - - - 1,045 733 823 871 655 825 - - - - - San Bernardino Valley M.W.D. - - - - - 4,921 6,421 6,321 6,100 5,402 (4,921) (5,972) (6,320) (6,099) (5,401) - - - - - - - - - - - Terrace Water Company 1,318 921 1,077 1,012 899 464 343 205 141 1 - - - - - - - - - - - - - - - - West Valley Water District 13,584 12,090 13,587 11,331 11,837 7,108 6,966 9,361 10,066 8,892 3,368 4,040 4,065 4,713 3,194 - - - - - - - - - - - Yucaipa Valley Water District - - - - - 110 178 92 133 96 - - - - - - - - - - - - - - - - Other Inside SBVWCD 67,682 64,704 70,511 65,354 60,528 5,473 5,915 5,836 5,203 6,320 - - - - - (18,509) (17,282) (22,440) (19,856) (17,735) (19,164) - - - - - Other Outside SBVWCD 11,218 8,562 8,989 10,240 8,563 1,323 995 922 843 873 - - - - - (3,638) (3,111) (2,967) (3,195) (2,443) (2,925) - - - - - Santa Ana River Recharge Balance (difference
between BVMWC diversion and use of SAR water) 17,472 3,422 492 2,561 708 - - - - - - - - - - - - - - - - San Bernardino Entities Total: 190,243 174,107 181,037 175,103 157,729 153,456 134,960 135,359 151,333 141,014 - (121) (612) (551) (1,670) - - - - - (0) 6,799 2,303 4,731 6,077 4,102 City of Riverside 25,983 23,024 24,682 24,391 22,379 21,829 18,995 15,752 21,730 21,559 City of Riverside - Gage Canal 31,805 29,019 30,670 28,440 26,999 28,627 30,893 26,775 27,780 26,620 Meeks & Daley Water Compnay 7,282 8,037 9,399 7,560 7,854 7,218 7,217 7,444 6,537 7,736 Regents of University of California 558 546 658 564 425 554 554 554 554 554 Riverside Highland Water Co. 4,745 4,241 5,535 4,147 3,326 1,903 2,641 2,938 3,498 3,651 Western Entities Total: 70,373 64,867 70,944 65,102 60,983 60,131 60,300 53,463 60,099 60,120 Total: 260,616 238,974 251,981 240,205 218,712 213,587 195,260 188,822 211,432 201,134 Agency 2017 2018 2019 2020 2021 2017 2018 2019 2020 2021 2017 2018 2019 2020 2021 Bear Valley Mutual Water Company - - - - - 466 144 101 518 83 466 144 101 518 83 City of Colton - - - - - - - - - - - - - - - City of Loma Linda - - - - - - - - - - - - - - - City of Redlands - - - - - 129 - - 290 - 129 - - 290 - City of Rialto 2,428 - 526 526 - - - - - - 2,428 - 526 526 - City of San Bernardino 9,185 - - - - 5,816 - - - - 15,001 - - - - East Valley Water District 1,704 - - - - 297 522 2,219 852 1,849 2,001 522 2,219 852 1,849 Fontana Union Water Company - - - - - - - - - - - - - - - Loma Linda University - - - - - - - - - - - - - - - Mountain View Power Co. - - - - - - - - - - - - - - - Muscoy Mutual Water Company No. 1 - - - - - - - - - - - - - - - San Bernardino County - Facility Management - - - - - - - - - - - - - - - San Bernardino Valley M.W.D. - - - - - - - - - - - - - - - Terrace Water Company - - - - - - - - - - - - - - - West Valley Water District 1,250 - 1,210 904 - - - - - - 1,250 - 1,210 904 - Yucaipa Valley Water District - - - - - - - - - - - - - - - Other Inside SBVWCD - - - - - 941 632 29 32 247 941 632 29 32 247 Other Outside SBVWCD - - - - - - - - - - - - - - - San Bernardino Entities Total: 14,567 - 1,736 1,430 - 7,649 1,298 2,349 1,692 2,179 22,216 1,298 4,085 3,122 2,179 Agency 1959 1960 1961 1962 1963 2017 2018 2019 2020 2021 1959 1960 1961 1962 1963 2017 2018 2019 2020 2021 Bear Valley Mutual Water Company - - - - - - - - - - - - - - - - - - - - City of Colton - - - - - - - - - - - - - - - - - - - - City of Loma Linda - - - - - - - - - - - - - - - - - - - - City of Redlands - - - - - - - - - - 7,047 6,913 3,615 8,973 4,451 6,635 2,762 5,319 4,871 4,405 City of Rialto 624 626 625 587 624 1,241 1,002 1,396 1,583 967 - - - - - - - - - - City of San Bernardino 1,069 994 1,286 1,403 1,279 - - - - - - - - - - - - - - - East Valley Water District - - - - - - - - - - - - - - - - - - - - Fontana Union Water Company 8,484 5,833 4,358 8,526 6,239 3,419 1,543 3,609 5,918 2,646 - - - - - - - - - - Loma Linda University - - - - - - - - - - - - - - - - - - - - Mountain View Power Co. - - - - - - - - - - - - - - - - - - - - Muscoy Mutual Water Company No. 1 - - - - - - - - - - - - - - - - - - - - San Bernardino County - Facility Management - - - - - - - - - - - - - - - - - - - - San Bernardino Valley M.W.D. - - - - - - - - - - - - - - - - - - - - Terrace Water Company - - - - - - - - - - - - - - - - - - - - West Valley Water District 4,259 2,766 2,424 4,393 4,097 2,442 2,549 5,897 5,112 3,442 - - - - - - - - - - Yucaipa Valley Water District - - - - - - - - - - - - - - - - - - - - Other Inside SBVWCD - - - - - - - - - - - - - - - 1,782 352 1,331 354 335 Other Outside SBVWCD - - - - - 595 755 622 711 676 - - - - - - - - - - San Bernardino Entities Total: 14,436 10,219 8,693 14,909 12,239 7,697 5,849 11,524 13,324 7,731 7,047 6,913 3,615 8,973 4,451 8,417 3,114 6,650 5,225 4,740 Agency 1959 1960 1961 1962 1963 2017 2018 2019 2020 2021 2017 2018 2019 2020 2021 1959 1960 1961 1962 1963 Bear Valley Mutual Water Company 12,690 9,573 6,781 6,954 5,722 10,320 10,181 6,925 12,175 13,448 10,320 10,181 6,925 12,175 13,448 North Fork Water 7,081 6,446 4,761 6,381 5,047 City of Colton - - - - - - - - - - City of Redlands 117 78 70 103 173 City of Loma Linda - - - - - - - - - - Bear Valley Mutu 12,424 9,403 6,585 6,774 5,616 City of Redlands 661 677 371 857 754 4,634 6,592 5,038 5,796 2,163 4,147 7,066 300 3,080 8,274 Total SAR Diversio 19,622 15,927 11,416 13,258 10,836 City of Rialto - - - - - - - - - - City of San Bernardino - - - - - - - - - - Bear Valley Alder 266 170 196 180 106 East Valley Water District 0 9 42 122 113 6,593 5,444 4,867 5,659 5,291 12 39 15 208 67 Bear Valley Wells 4709 4609 7791 5156 4690 Fontana Union Water Company - - - - - - - - - - 4975 4779 7987 5336 4796 Loma Linda University - - - - - - - - - - Mountain View Power Co. - - - - - - - - - - 3,439 4,149 4,035 3,203 4,233 Redlands Tunnel 544 599 301 754 581 Muscoy Mutual Water Company No. 1 - - - - - - - - - - San Bernardino County - Facility Management - - - - - - - - - - San Bernardino Valley M.W.D. - - - - - - - - - - Terrace Water Company - - - - - - - - - - 2017 2018 2019 2020 2021 West Valley Water District - - - - - - - - - - 9,957 5,836 12,500 13,519 10,463 Yucaipa Valley Water District - - - - - - - - - - Other Inside SBVWCD 7,081 6,437 4,718 6,259 4,933 - - - - - Other Outside SBVWCD - - - - - - - - - - San Bernardino Entities Total: 20,432 16,696 11,913 14,192 11,523 21,547 22,216 16,830 23,630 20,902 Source: Watermaster and BVMWC
Lytle Creek
Source: See surface water tab for individual sources
Santa Ana River
Verified Total Extractions
Source: 2021 Watermaster Report Volume 1 Table 3
(BVMWC Volume 1 Table 1, Volume 1A Table 1, BBWM Report) SWP Spreading Delivery
Source: SBVMWD SWP Orders and Accounting
SWP Direct Delivery
Source: SBVMWD SWP Orders and Accounting
Source: 1971 Watermaster Report Summary of Extractions (Filed and Nonfiled) in the SBBA by Non-Plaintiffs for use in SB County Base Period Santa Ana River Diversion
Credits for Recycled Water to the Basin Excess Surfac
So
Source: EVWD Operations
Source: See surface water tab for individual sourcesSource: See surface water tab for individual sources Total Bear Valley Santa Ana River
All In Lieu Water
Redlands Cooley Hat Data
Source: Watermaster Volume 1 Table 1
City of Redlands
Other Distribution Verified Extractions
Source: 2020 Watermaster Report Volume 1 Change in Ownership from Base Period
TOTAL SWP Water
Source: SBVMWD SWP Orders and Accounting
Bear Valley Santa Ana River
Pumping Adjustments
Source: Performed by SBVMWD
Mill Creek
Source: See surface water tab for individual sources
Bear Valley Wells
EVWD Surface Actual Deliveries
Source: SBVMWD In-Lieu Calcualtion Table
Source: Watermaster Volume 1 Table 1
4/25/2023
Redlands Regular Meeting of 06-06-2023

Agency None
Bear Valley Mutual Water Company -$
City of Colton -$
City of Loma Linda -$
City of Redlands -$
City of Rialto -$
City of San Bernardino -$
East Valley Water District -$
Fontana Union Water Company -$
Loma Linda University -$
San Bernardino Valley M.W.D. -$
West Valley Water District -$
Yucaipa Valley Water District -$
Total GC Parties: -$
Mountain View Power Co. -$
Muscoy Mutual Water Company No. 1 -$
San Bernardino County - Facility Management -$
Terrace Water Company -$
Other Inside SBVWCD -$
Other Outside SBVWCD -$
San Bernardino Non-Parties Total: -$
Western Entities Total: -$
Total: -$
Notes
Corrections for Previous Years
4/25/2023
Redlands Regular Meeting of 06-06-2023

Agency New Recycled
Water (AF)
Bear Valley Mutual Water Company -
City of Colton -
City of Loma Linda -
City of Redlands 4,731
City of Rialto -
City of San Bernardino -
East Valley Water District -
Fontana Union Water Company -
Loma Linda University -
San Bernardino Valley M.W.D. -
West Valley Water District -
Yucaipa Valley Water District -
Total GC Parties: 4,731
Mountain View Power Co. -
Muscoy Mutual Water Company No. 1 -
San Bernardino County - Facility Management -
Terrace Water Company -
Other Inside SBVWCD -
Other Outside SBVWCD -
San Bernardino Non-Parties Total: -
Western Entities Total: -
Total: 4,731
Recycled Water
Credit for Water Brought to the Basin
Redlands - Credit for Recycled water either for recharge or delivered to Edison. 2,068AF of recycled water was present in the base period and is subtracted from the total. Data provided by the agency.
4/25/2023
Redlands Regular Meeting of 06-06-2023

GC Parties
FY23-24
Water Cost
($)
FY23-24
Water Cost
(AF)
Bear Valley Mutual Water Company -$ 0
City of Colton 77,683$ 656
City of Loma Linda 132,569$ 1120
City of Redlands 57,899$ 489
City of Rialto 155,589$ 1314
City of San Bernardino 1,056,556 $ 8924
East Valley Water District 394,790$ 3334
Fontana Union Water Company 145,571$ 1229
Loma Linda University 26,308$ 222
San Bernardino Valley M.W.D. 2,367$ 20
West Valley Water District 322,265$ 2722
Yucaipa Valley Water District 3,186$ 27
Total GC Parties: 2,374,783$ 20057
SBB GC Water Charge FY2023-24
Redlands Regular Meeting of 06-06-2023

GC Parties
FY23-24
O&M Cost
(AF)
Bear Valley Mutual Water Company 594$
City of Colton 15,462$
City of Loma Linda 46,146$
City of Redlands 225,832$
City of Rialto 47,423$
City of San Bernardino 368,652$
East Valley Water District 110,211$
Fontana Union Water Company 30,586$
Loma Linda University 9,412$
San Bernardino Valley M.W.D. 9$
West Valley Water District 76,680$
Yucaipa Valley Water District 852$
Total GC Parties: 931,858$
SBB GC O&M Charge FY2023-24
Redlands Regular Meeting of 06-06-2023

City Council/Successor Agency Meeting J. 12.

DATE: 06/06/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8476 to adopt the Senate Bill No. 1 Road Repair and Accountability Act (SB1) Project List and approve funding for the City's Pavement Management Program, and determination that this action is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act
(Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move to adopt Resolution No. 8476.

RECOMMENDATION:

Staff recommends City Council determine that adoption of Resolution No. 8476 is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act, and adopt Resolution No. 8476.

DISCUSSION:

In April 2017, the California Legislature passed Senate Bill No. 1 Road Repair and Accountability Act (SB1). In order to address basic road maintenance, rehabilitation, and critical safety needs on both the California state highway system and local streets and road systems, SB1 dedicated approximately $1.5 billion each year statewide through the following:

Increased per gallon fuel taxes;
Increased per gallon diesel fuel excise taxes;
Increased vehicle registration fees; and
Redlands Regular Meeting of 06-06-2023

Provided for inflationary adjustments to tax rates in future years.

In order to be eligible to expend SB1 funding, each year cities must submit to the California Transportation Commission (CTC) a proposed project list adopted by Resolution. Once reviewed and adopted by the CTC, the list of cities eligible to receive funding is sent to the State Controller to begin the apportionment process. The proposed project list may be adjusted as funding is received, and constructed projects must have a minimum of twenty (20) years estimated service life. For fiscal year 23/24, staff proposes to adopt the attached project list and to utilize the estimated $1,801,191 SB1 funding allocation to supplement the Pavement Management Program (PMP) 2023 Street Resurfacing Project.

Adoption of Resolution No. 8476 is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act, since this action will not have a significant impact on the environment.

ALTERNATIVES:

City Council may deny the staff recommendation, although this will delay reimbursement of SB1 program funding to the City.

STRATEGIC PLAN:

Priority D - Strategic 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
Redlands Regular Meeting of 06-06-2023

Fiscal Impact
Fiscal Year: FY 23/24
Revenue Generating: Yes
Appropriation Required Y/N: No
Budgeted Y/N: Yes
Account No.: 211910
Discussion:

There is no fiscal impact associated with this action. The Fiscal Year 23/24 budget includes both the revenues and expenditures related to SB1 funding.

Attachments
Resolution 8476
Exhibit A to the Resolution
Redlands Regular Meeting of 06-06-2023

1 I:\cmo\Resolutions\8476 - Road Repair and Accountability Act.docx - AE RESOLUTION NO. 8476

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

ADOPTING A ROAD REPAIR AND ACCOUNTABILI TY ACT PROJECT
LIST FOR THE 2023-2024 FISCAL YEAR

WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of City of Redlands (City) are aware of the projects proposed for funding in our community, and which projects have been completed each fiscal year; and

WHEREAS, the City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, the C ity, will receive an estimated $1,801,191 in RMRA funding in Fiscal Year 2023-24 from SB 1; and

WHEREAS, this is the seventh year in which the City is receiving SB1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and nobility options for the traveling public that would not have otherwise been possible without SB1; and

WHEREAS, the City used the Pavement Management Program (PMP) to determine the SB 1 project list and ensure revenues are being used on the most high- priority and cost-effective projects that also meet the communities priorities for transportation investment; and

WHEREAS, the funding from SB1 will supplement other funding to rehabilitate approximately 25 lane miles throughout the City in the PMP 2023 Street Resurfacing Project; and

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will assist the City in continuing to fund the City’s PMP program
;

NOW, THEREFORE, be it resolved by the City Council of the City of Redlands, a s follows:

Section 1. The foregoing recitals are true and correct.

Section 2. The following proposed project list is attached hereto as Exhibit “A” may utilize fiscal year 2023-24 Road Maintenance and Rehabilitation Account revenues in their delivery. With Redlands Regular Meeting of 06-06-2023

2 I:\cmo\Resolutions\8476 - Road Repair and Accountability Act.docx - AE the listing of these projects in the adopted fiscal year resolution, the City is affirming to the public and the State its intent to fund these projects with Road Maintenance and Rehabilitation Account Revenues:

PMP 2023 Street Resurfacing Project will maintain and rehabilitate approximately 25 lane miles of various streets in the City of Redlands. The maintenance efforts include slurry sealing, crack sealing , and thin grinding with asphalt concrete overlay. The rehabilitation efforts includes removing and replacing existing asphalt, grinding and overlay with hot mix asphalt, and full depth reclamation. It also includes restriping, replacing traffic loops, manhole rim adjustment, etc. The project is anticipated to begin construction in winter 2023, with an estimated construction timeline of 6 months, and an estimated project life of at least 20 years where rehabilitation methods are implemented.

Section 3. Adoption of this Resolution has no environmental impact and therefore such action is exempt from review under the California Environmental Quality Act (“CEQA”) in accordance with State CEQA guidelines section 15061 (b)(3).

ADOPTED, SIGNED AND APPROVED this 6th day of June 2023

_______________________
Eddie Tejeda, Mayor
ATTEST :

________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 06-06-2023

3 I:\cmo\Resolutions\8476 - Road Repair and Accountability Act.docx - AE 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 6th day of June, 2023, by the following vote.:

A YES :

NOES:

ABSTAIN :

ABSENT :

________________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 06-06-2023

4 I:\cmo\Resolutions\8476 - Road Repair and Accountability Act.docx - AE EXHIBIT “A”

PMP 2023 STREET RESURFACING PROJECT

[ATTACHED]
Redlands Regular Meeting of 06-06-2023

PMP 2023 STREET RESURFACING PROJECT

STREET SEGMENTS
No. Street Name From Street To Street
1 ALTA LOMA COUNTRY CLUB DR DEAD END
2 ALTA ST SAN JUAN AVE SAN BERNARDINO AVE
3 ARDMORE AVE BERMUDA DR DEAD END
4 BELLA VISTA CT DEAD END BELLEVUE AVE
5 BERMUDA DR DEAD END ARDMORE AVE
6 BERMUDA DR EVERGREEN CT DEAD END
7 BROOKDALE DR BROOKSIDE AVE DALE LN
8 BROOKDALE DR DALE LN DEAD END
9 BUCKINGHAM DR CAMELOT DR RESERVOIR RD
10 CAMELOT DR WIMBLETON DR DEAD END
11 CENTER ST CHARLESTON LN RIDGE ST
12 CENTRAL AVE CHURCH ST CITRUS AVE
13 CENTRAL AVE GROVE ST KAYE CT
14 CENTRAL AVE KAYE CT CRAIG CT
15 CENTRAL AVE CRAIG CT JUDSON ST
16 CHURCH ST SAN BERNARDINO AVE PIONEER AVE
17 CIMARRON CT DEAD END CIMARRON DR
18 CIMARRON CT CIMARRON DR DEAD END
19 CITRUS AVE JUDSON ST LINCOLN ST
20 CITRUS AVE LINCOLN ST DEARBORN ST
21 CITRUS AVE GROVE ST JUDSON ST
22 CLAY ST LOGONIA AVE DELAWARE AVE
23 CLUB DR SUNSET DR ASHFORTH DR
24 CONCORD LN RESERVOIR RD SHEFIELD LN
25 CORONADO DR DEAD END ARDMORE AVE
26 COUNTRY CLUB DR SUNSET DR N VALLEY VIEW DR
27 COUNTRY CLUB LN VERDE VISTA DR DEAD END
28 CRESTVIEW RD DEVONSHIRE DR BUCKINGHAM DR
29 CRESTVIEW RD BRADBURY DR DEVONSHIRE DR
30 DALE LN DEAD END DALE LN
31 DALE LN DALE LN DEAD END
32 DALE LN DEAD END SAN JACINTO ST
33 DALE LN DALE LN DEAD END
34 DALE LN SAN JACINTO ST HAMLIN PL
35 DEARBORN ST COLTON AVE BROCKTON AVE
36 DRACENA CT CIMARRON DR DEAD END
37 EDGEMONT DR SUNSET DR S 229 EDGEMONT DR
38 EVERGREEN CT CORONADO DR BERMUDA DR
39 EVERRON CT EVERGREEN CT DEAD END
40 FAIRMONT DR PVMT CHNGE (370' N' EDGEMONT DR)1751 FAIRMONT DR 41 FAIRMONT DR 1751 FAIRMONT DR SUNSET DR
42 FAIRWAY DR COUNTRY CLUB DR WABASH AVE
43 FALLBROOK CT FALLBROOK AVE DEAD END
44 FOUNTAIN CT FOUNTAIN AVE DEAD END
45 FREMONT ST FALLBROOK AVE DEAD END
46 FULBRIGHT AVE NANETTE ST NANETTE ST
1 of 3
EXHIBIT "A"
Redlands Regular Meeting of 06-06-2023

PMP 2023 STREET RESURFACING PROJECT

STREET SEGMENTS
47 HAMLIN PL DALE LN NANETTE ST
48 HAMPTON RD CRESTVIEW RD BRADBURY DR
49 HASTINGS CT 1 HASTINGS ST DEAD END
50 HASTINGS ST OLIVE AVE FALLBROOK AVE
51 HERALD ST UNION AVE BROCKTON AVE
52 HERALD ST SUN AVE UNION AVE
53 HERALD ST COLTON AVE SUN AVE
54 HERRINGTON DR GREENBRIAR CT LA SALLE ST
55 INDEPENDENCE AVE CARNES CIR WABASH AVE
56 INDEPENDENCE AVE ADAMS ST WESTBROOK CIR
57 INDIANA CT LUGONIA AVE END
58 JUNIPER CT DEAD END ROOSEVELT RD
59 KIRBY CT DOYLE AVE DEAD END
60 LA PALOMA ST FERN AVE CLARK ST
61 LAUREL AVE STEELE ST BELLEVUE AVE
62 LEXINGTON LN RESERVOIR RD SHEFIELD LN
63 MANZANITA RD FAIRMONT DR DEAD END
64 MATTHEW CT DEAD END TAMARISK ST
65 MICHAEL CT BUCKINGHAM DR DEAD END
66 NANETTE ST HAMLIN PL OLIVE AVE
67 NANETTE ST DEAD END HAMLIN PL
68 NANETTE ST FULBRIGHT AVE FLETCHER AVE
69 NORWOOD ST OLIVE AVE DEAD END
70 OXFORD DR DEAD END BROCKTON AVE
71 PALM AVE CORAL CT DEAD END
72 PALM AVE FORD ST CORAL CT
73 PARKER CT KANSAS ST DEAD END
74 PARKWOOD DR OLIVE AVE GLENWOOD DR
75 PENNSYLVANIA AVE ORANGE ST ALTA ST
76 PENNSYLVANIA AVE DeANZA ST CHURCH ST
77 PENNSYLVANIA AVE ALTA ST LASSEN ST
78 PROSPECT DR FOUNTAIN AVE PROSPECT ST
79 RACHEL CT DEAD END TAMARISK ST
80 REBECCA CREST ALESSANDRO RD DEAD END
81 ROMA ST BROOKSIDE AVE DEAD END
82 SAN JACINTO ST DALE LN OLIVE AVE
83 SAN JUAN AVE DEAD END ALTA ST
84 SAN MARCOS AVE DEAD END ALTA ST
85 SHEFIELD LN CONCORD LN DEAD END
86 SMILEY HEIGHTS DR WOODEN BRIDGE LN CALLE DE LAS PALMAS 87 SOPHIA CT BUCKINGHAM DR DEAD END
88 SUN AVE ORANGE ST ALTAS ST
89 SUN AVE ALTA ST POST ST
90 SUNNYSIDE AVE SMILEY HEIGHTS DR END
91 SUNNYSIDE AVE EDGEHILL LN SMILEY HEIGHTS DR
92 THOMAS AVE BERKELEY DR END
93 UNIVERSITY AVE PENNSYLVANIA AVE SAN BERNARDINO AVE
2 of 3
Redlands Regular Meeting of 06-06-2023

PMP 2023 STREET RESURFACING PROJECT

STREET SEGMENTS
94 VALLEY VIEW DR COUNTRY CLUB DR DEAD END
95 VALLEY VIEW DR COUNTRY CLUB DR SUNSET DR N
96 VERDE VISTA DR COUNTRY CLUB DR END
97 VIA VISTA DR MARGARITA DR COUNTRY CLUB DR
98 VINTON WY SUNSET AVE DEAD END
99 WASHINGTON ST COLTON AVE SUN AVE
100 WASHINGTON ST UNION AVE BROCKTON AVE
101 WIMBLETON DR CRESTVIEW DR CAMELOT DR
102 YUKON ST DENISE AVE GAIL AVE
3 of 3
Redlands Regular Meeting of 06-06-2023

City Council/Successor Agency Meeting J. 13.

DATE: 06/06/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the sole source procurement of two (2) Rectangular Rapid Flashing Beacon signs and one (1) In-Pavement LED Crosswalk System from NexTech Systems, Inc. for a total of $72,242.43 (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move to approve the sole source procurement of two (2) Rectangular Rapid Flashing Beacon signs and one (1) In-Pavement LED Crosswalk System from NexTech Systems, Inc. for a total of $72,242.43.

RECOMMENDATION:

Staff recommends City Council approve the sole source procurement of two (2) Rectangular Rapid Flashing Beacon signs and one (1) In-Pavement LED Crosswalk System from NexTech Systems, Inc. for a total of $72,242.43.

DISCUSSION:

Staff recently developed plans and specifications and issued a bid notice for construction of the Crosswalk Installation Project (Project), which includes the construction of crosswalks at four (4) locations, three (3) of which lack vehicle traffic control. The scope of work includes the installation of marked crosswalks, Rectangular Rapid Flashing Beacon signs (RRFBs), In-Pavement LED Crosswalk Systems (Safety Lighting), concrete curbs and gutters, concrete curb ramps with detectable warning mats, striping, and signs. On March 23, 2023, the City Clerk's office received four (4) bids for the Project. All bids significantly exceeded the available Project budget and the Engineer's construction cost estimate, and City Council rejected all bids on May 16, 2023. Soon after, staff evaluated alternatives for advancing the Project within the available budget and Redlands Regular Meeting of 06-06-2023

evaluated alternatives for advancing the Project within the available budget and determined that pre-purchasing RRFBs and Safety Lighting, and using City staff to install signs and pavement markings would significantly reduce Project costs.

For consistency, the City uses Carmanah R920-F RRFBs and LaneLight MLK150 Safety Lighting exclusively. These products are only available for direct purchase through NexTech Systems, Inc, the regional distributor of Carmanah and LaneLight products. Staff recommends City Council approval of a sole source procurement of two (2) Carmanah RRFBs and one (1) LaneLight Safety Lighting from NexTech Systems, Inc. for a total of $72,242.43.

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:

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

Johana Silva, Associate Engineer
Fiscal Impact
Fiscal Year: FY 22/23
Appropriation Required Y/N: No
Budgeted Y/N: Yes
Account No.: 101400
Discussion:

There is no fiscal impact associated with this procurement. Sufficient funds for the procurement of the equipment is included in the FY 22/23 MUED budget.

Redlands Regular Meeting of 06-06-2023

Attachments
NexTech Sole Source
NexTech Systems Quote
Carmanah Sole Source Letter
LaneLight Sole Source Letter
Location Map
Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

13885 Alton Parkway, Suite A, Irvine, CA 92618 (T) 949-916-2664 Quote
#2023-341
4/25/2023
Customer
City of Redlands
Johana Silva
35 Cajon St
Suite 15A
Redlands, CA
Project Project Location
Carmanah RRFB & LaneLight IRWL Pricing- Crosswalk Installation Project #400024
City of Redlands
General Terms & Conditions

1. Unless otherwise stated, quotes are valid for a period of 30 days.

2. Shipping costs are determined at time of quoting and will be charged in accordance to actual charges at the time of order/delivery. Deliveries requiring special handling (lift-gate, forklift etc.) will incur an additional charge. Where no shipping charge is included in the quote, we will bill for actual shipping cost.

3. Standard terms of payment are payment in advance or, upon credit approval, net 30 days from the date of invoice. Credit card payments are accepted for an additional charge of 3%.

4. Technical support, not installation, if not already stated as included in the quote is available for $600 per location and must be pre-scheduled at least 2-3 weeks in advance of installation/turn-on date.

5. Minimum order is $500.
1 of 3
Qty Item Description
Bid Item 8: Solar RRFB Systems with APS -
Locations:
1) 5th Avenue-sheet 3 of 5
2) Central Ave- sheet 3 of 5
*** POLES NOT INCLUDED ***
4 84662 R920-F solar engine
4 86328 Top of pole mount, 3.5 - 4.5" OD Round, no side holes, no arms. 8 37912 Standard battery 17.2 Ahr.
8 87668 Light bar with confirmation lights, incl. mounting bracket- Black 8 78227 Light bar harness, 16' (std.)
4 89070 Polara iNX audible push button 9 x 12in R10-25 sign and mount Yellow
4 89119 iNX or Guardian audible push button harness 16ft 4 R62E-Braille 9 x 12 Braille PB Sign- dual head arrows 8 91345 Sign, S1-1 School Zone, 36”, DG, FYG
4 90404 Sign, W16-7pR Right Diagonal Arrow Plaque, 24 x 12”- DG -VIP FYG 4 90405 Sign, W16-7pL Left Diagonal Arrow Plaque, 24 x 12”- DG VIP Sheeting FYG
Subtotal
$21,828.00
Bid Item 9: LaneLight In-Pavement LED XW w/ APS
Location: Wabash Ave - sheet 4 of 5
1 LL-XW-U-20-ASPH-NO-
EPOX
LANELIGHT XW, 20 UNI DIRECTIONAL LIGHTS W/INSTALLATION

MATERIAL, NO EPOXY, FOR ASPHALT
1 CN-MK10-LI-BASIC-

CONTROLL-IRWL-

DRIVER-PKG
MK10 SYSTEM CONTROLLER FOR USE WITH LITHIUM BATTERY & AC

POWER SUPPLY, LANELIGHT DRIVER PACKAGE
1 LL-SPS-12-40-50-AL-
CAB
ALUM CABINET, 12V - 50W SOLAR POWER SUPPLY, BATTERY (1) 40AH

LITHIUM , SOLAR CHARGE CONTROLLER
Redlands Regular Meeting of 06-06-2023

13885 Alton Parkway, Suite A, Irvine, CA 92618 (T) 949-916-2664 Quote
#2023-341
4/25/2023
Customer
City of Redlands
Johana Silva
35 Cajon St
Suite 15A
Redlands, CA
Project Project Location
Carmanah RRFB & LaneLight IRWL Pricing- Crosswalk Installation Project #400024
City of Redlands
General Terms & Conditions

1. Unless otherwise stated, quotes are valid for a period of 30 days.

2. Shipping costs are determined at time of quoting and will be charged in accordance to actual charges at the time of order/delivery. Deliveries requiring special handling (lift-gate, forklift etc.) will incur an additional charge. Where no shipping charge is included in the quote, we will bill for actual shipping cost.

3. Standard terms of payment are payment in advance or, upon credit approval, net 30 days from the date of invoice. Credit card payments are accepted for an additional charge of 3%.

4. Technical support, not installation, if not already stated as included in the quote is available for $600 per location and must be pre-scheduled at least 2-3 weeks in advance of installation/turn-on date.

5. Minimum order is $500.
2 of 3
Qty Item Description
2 PB-INX-Y INX POLARA ANNUNCIATING PUSH BUTTON STATION, AMBER, BLUETOOTH W/LED (R10-25 9 x 12 ) W/12 FT CABLE
400 CA-WB-18-3C 18 AWG 3 C control LaneLight RRFB 300V cable 300 CA-WB-18-8C 18 AWG 8C ACTIVATION POLARA MODEL X /OTHER - 300V CABLE 4 SN-S11-36-FYG S1-1 SIGNS STATIC FYG 36"; NO LEDs; T HOLES.. 2 SN-W167PR-2412-FYG W16-7P-R, 24" x 12", FLUORESCENT YELLOW GREEN, DOWN RIGHT

ARROW, T HOLES US, ANTI GRAFFITI W/ MASK
2 SN-W167PL-2412- FYG W16-7P-L, 24" x 12", FLUORESCENT YELLOW GREEN, DOWN LEFT

ARROW, T HOLES US, ANTI GRAFFITI W/ MASK
20 IN-IT-FLEX-EPOXY Epoxy to be delivered at time of technical supervision/support. If additional epoxy is needed, cost is $50 per gallon
1 NexTech Support NexTech On-Site Tech Support
Subtotal $40,131.43

NOTE OPTIONAL ADD-ON EQUIPMENT (IF NEEDED)
*The in-pavement crosswalk sheets shows one note with RRFB system, but it is not mentioned in the specification as part of the system. Attempts to reach out to the City were unsuccessful. We have included below the cost to add on RRFB systems (would need RRFBs on either side of crosswalk) as an option to this quote.
4 LL-RRFB-PLUS-1-SIDED RRFB HEAD, BLACK, WITH 1 SIDE LIGHT LED AND ITEM RRFB HUB

MOUNT, AMBER LED LIGHTS
2 CN-UFL-24-12-ENCL UNIVERSAL FLASHER INTERFACE 24V - 12V, POTTED WITH SMALL

ENCLOSURE FOR POLE SURFACE MOUNT
Subtotal
$3,886.48
Redlands Regular Meeting of 06-06-2023

13885 Alton Parkway, Suite A, Irvine, CA 92618 (T) 949-916-2664 Quote
#2023-341
4/25/2023
Customer
City of Redlands
Johana Silva
35 Cajon St
Suite 15A
Redlands, CA
Project Project Location
Carmanah RRFB & LaneLight IRWL Pricing- Crosswalk Installation Project #400024
City of Redlands
General Terms & Conditions

1. Unless otherwise stated, quotes are valid for a period of 30 days.

2. Shipping costs are determined at time of quoting and will be charged in accordance to actual charges at the time of order/delivery. Deliveries requiring special handling (lift-gate, forklift etc.) will incur an additional charge. Where no shipping charge is included in the quote, we will bill for actual shipping cost.

3. Standard terms of payment are payment in advance or, upon credit approval, net 30 days from the date of invoice. Credit card payments are accepted for an additional charge of 3%.

4. Technical support, not installation, if not already stated as included in the quote is available for $600 per location and must be pre-scheduled at least 2-3 weeks in advance of installation/turn-on date.

5. Minimum order is $500.
3 of 3
Signage only included for RRFB systems as detailed on quote.

Poles not included.

Sales tax not included and will be added upon order.

Technical supervision during installation is required for the LaneLight crosswalk installation and is included in the quote.

Please schedule 2-3 weeks prior to installation.
**Note: Polara XAV Pushbutton Systems are end of life; the new iNX is the replacement and has been quoted for all systems.

Quote valid for ordering through 6/30/23.

Subtotal $65,845.91
Est. Shipping Cost $950.00
Tax Total (8.75%) $5,446.52
Total $72,242.43
Redlands Regular Meeting of 06-06-2023

Carmanah Technologies Corp. 250 Bay Street, Victoria, BC Canada V9A 3K5 | Tel: +1.250.380.0052 | Fax: +1.250.380.0062 | Email: [email protected] | www.carmanah.com Carmanah Technologies Corp.
250 Bay St.

Victoria, BC
Canada, V9A 3K5
January 1, 2023
To Whom it May Concern,
Please be advised that NexTech Systems, Inc., with offices at 13885 Alton Pkwy Ste A, Irvine, CA 92618, is the authorized Preferred Reseller for Carmanah Technologies Corporation’s products in Southern California and our sole source distributor in this territory. NexTech can provide pr oduct training, technical support, sales, warranty, and overall support of our traffic safety products. These products include our rectangular rapid flashing beacons ( RRFBs), warning beacons, school zone beacons, and SpeedCheck radar speed displays.

We
have a longstanding relationship with NexTech and entrust them with all aspects of distributing and supporting our products. If there are any concerns, please contact me to discuss.

Regards,
Jeremy Hancyk
Business Development Manager
Carmanah Technologies Corp.
[email protected]
+1 250 412 8345
Redlands Regular Meeting of 06-06-2023

�
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LaneLight
January 1, 2023
16-17 755 VANALMAN AVE
VICTORIA. BC, CANADA V8Z 3B8

LANELIGHT DISTRJBUTOR- SOUTHERN CALIFORNIA
To whom it may concern,
tel 1.250.381.4836
toll-free 1.866.466.4836
email info@lanelightcom
lanelightcom
This is to confirm that Nextech Systems Inc. is the exclusive distributor for LaneLight systems in Southern California.

Sincerely,
�
Stephanie Carr, CEO
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Redlands Regular Meeting of 06-06-2023

n
!
!
!
!

W COLTON AVE

E LUGONIA AVE

CAJON ST

W PIONEER AVE
N

UNIVERSITY
ST

ORANGE ST

E SUNSET DR
FORD
ST

W S UNSET DR
N
C
ENTER
ST

E PALM AVE

OPAL AVE

W REDLANDS BLVD

W CRESCENTAVE

ALABAMA ST

N CHURCH ST

W FERN AVE

E HIGHLAND AVE
N
DEARBO
RN
ST

E OLIVE AVE

JUDSON ST

W CYPRESSAVE E HILTON AVE

BROOKSIDEAVE

W LUGONIA AVE

N CHURCH ST

W PALM AVE

TEXAS ST

E CYPRESS AVE
S
W
ABASH
AV
E

E SAN BERNARDINO AVE

E FERN AVE
N 6TH STORANGE ST

S DEARBORN ST

ELIZABETH ST

W OLIVE AVE
N
W
ABASH
AVE
5TH AVE

GARDENST

W SAN BERNARDINO AVE

S CENTER ST

W HIGHLAND AVE

E REDLANDS BLVD

TENNESSEE ST

ALABAMA ST

SANTIMOTEOCANYONRD

E COLTON AVE

E CITRUS AVE

E PIONEER AVE

ALESSANDRO
RD
0 1,000 2,000 3,000 4,000
Feet
I

CROSSWALK INSTALLATION PROJECT
Location Map
Wabash Avenue Crosswalk
5th Avenue Crosswalk
Central Avenue Crosswalk
State Street &
Kansas Street Crosswalk
Redlands Regular Meeting of 06-06-2023

City Council/Successor Agency Meeting J. 14.

DATE: 06/06/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Reject all bids received for Water and Wastewater Treatment Supplies and direct staff to solicit new bids (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move to reject all bids received for Water and Wastewater Treatment Supplies and direct staff to solicit new bids.

RECOMMENDATION:

Staff recommends City Council reject all bids received for Water and Wastewater Treatment Supplies and direct staff to solicit new bids.

DISCUSSION:

In accordance with the City's procurement protocol, staff issued a Request for Bids on March 23, 2023 for Water and Wastewater Treatment Plant Supplies.

The following three (3) bids were received on April 6, 2023:

COMPANY LOCATION BID PRICE
Ferguson Waterworks (dba Pollard
Water) Poway, CA $105,421.28
USA Bluebook (dba HD Supply) Gurnee, IL $142,129.24
Core & Main Perris, CA $121,473.84
Redlands Regular Meeting of 06-06-2023

A comprehensive review and analysis identified incomplete bid responses and significant mathematical errors. These errors warrant the rejection of all bids.

Staff recommends City Council approve the rejection of all bids and direct staff to solicit new bids for these services.

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:

Janice McConnell, Assistant City Manager
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:

Ashley Rosario, Senior Administrative Assistant
Fiscal Impact
Discussion:

There is no fiscal impact for this action.

Attachments
Bid Opening Report
Bid Analysis
Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

BID NO. 20230323-PM(4) 4/6/2023
BID NAME: WATER & WASTEWATER TREATMENT PLANT SUPPLIES 2023/2024 Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1 27256 Water, Deionized, 4 L 12 $42.09 $505.08 $42.09 $505.08 $52.61 $631.32 2 246149 Formazin Turbidity Standard, 4000 NTU, 500 mL 6 $119.00 $714.00 $119.00 $714.00 $0.00 3 2097000 Disposable Wipes, 11 x 22 cm, 280 per package 60 $12.73 $763.80 $3.68 $220.80 $0.00 4 2105560 DPD Free Chlorine Reagent, Swiftes Dispenser Refill Vial, 250 Tests 30 $65.69 $1,970.70 $65.69 $1,970.70 $85.40 $2,562.00 5 2444400 Chlorine (Total) Test Kit, Model CN-21P 10 $93.89 $938.90 $93.89 $938.90 $121.95 $1,219.50 6 2659505 Stablcal® Turbidity Standards Calibration Kit, 0 - 7500 NTU, Sealed Vials 10 $465.00 $4,650.00 $465.00 $4,650.00 $0.00 7 2660153 Stablcal® Turbidity Standard, 20.0 NTU, Bottle (1 L) 12 $222.00 $2,664.00 $222.00 $2,664.00 $0.00 8 2756549 pH Electrode Storage Solution, 500 mL 6 $53.95 $323.70 $53.95 $323.70 $0.00 9 2947600 Buffer Solution Kit, Color-coded, pH 4.01, pH 7.00 and pH 10.01, 500 mL 6 $40.89 $245.34 $40.89 $245.34 $51.11 $306.66 10 2978500 Surface Scatter® 7 Turbidimeter with sc200 Controller, CH 1 2 $0.00 $8,767.00 $17,534.00 $0.00 11 7121649 Turbidity Standard, Stablcal®, 400.0 NTU, 500 mL 6 $102.00 $612.00 $102.00 $612.00 $0.00 12 9531000 Pocket Pro pH Tester 4 $167.00 $668.00 $167.00 $668.00 $0.00 13 HQ440D HQ440D Laboratory Dual Input, Multi-Parameter Meter 2 $2,393.00 $4,786.00 $2,393.00 $4,786.00 $0.00 14 LXV404.99.00552 Hach sc200 Digital Controller w/ (2) Digital Hach Sensor Inputs, 24 VDC 5 $0.00 $3,244.00 $16,220.00 $0.00 15 LXV445.99.10112 Hach TU5300sc Low-Range Turbidimeter 5 $2,710.00 $13,550.00 $2,710.00 $13,550.00 $0.00 16 LZY901 Hach Glass Verification Rod, <0.1 NTU (Solid Secondary Standard) 2 $1,401.00 $2,802.00 $1,401.00 $2,802.00 $0.00 17 LZY835 Hach StablCal Calibration Set w/ RFID Tags 2 $672.00 $1,344.00 $672.00 $1,344.00 $0.00 18 LPV442.99.01012 TU5200 Laboratory Laser Turbidimeter without RFID, EPA Version 2 $5,205.00 $10,410.00 $5,205.00 $10,410.00 $0.00 19 LXV445.99.53112 TU5300 sc Low Range Laser Turbidimeter with Flow Sensor, Automatic Cleaning, RFID, and System Check, EPA Version 4 $3,826.00 $15,304.00 $3,826.00 $15,304.00 $4,500.00 $18,000.00 20 PHC30101 Intellical™ PHC301 Laboratory General Purposes Refillable pH Electrode, 1 m Cable 6 $422.00 $2,532.00 $422.00 $2,532.00 $0.00 21 S21M004 Filling Solution, Reference, 3 M KCl with AgCl, 100 mL 12 $33.99 $407.88 $33.99 $407.88 $0.00 22 2802300 DPD Free Chlorine Reagent, Swiftest Dispenser 20 $86.45 $1,729.00 $86.45 $1,729.00 $112.40 $2,248.00 23 1895000 Lamp Assembly for 1720D and 1720E Low-range Turbidimeters 20 $87.95 $1,759.00 $97.95 $1,959.00 $0.00 24 2106069 PhosVer 3 Powder Pillow 100 count 14 $52.69 $737.66 $52.69 $737.66 $65.25 $913.50 25 2427606 Glass Sample Cells 6 count 12 $63.99 $767.88 $63.99 $767.88 $83.15 $997.80 26 2105660 DPD4 Total chlorine dispenser 10 $71.39 $713.90 $71.39 $713.90 $92.80 $928.00 27 MMS-SS 41 L Lutz Drum Pump Tube 47" 2 $0.00 $0.00 $0.00 28 B36/MI4 Lutz 120v 640w Open Drip Proof Motor 2 $0.00 $0.00 $0.00 29 A1-1T Blue-White FLEXFLO A-100N Replacement Flex-A-Thane 12 $49.00 $588.00 $0.00 $49.00 $588.00 30 Eclipse No. 88 Sampling Station Cold Climate #88‚ 4’ Bury Depth‚ Low Lead‚ 88-LLBRASS-48"BURY 8 $1,342.00 $10,736.00 $1,550.00 $12,400.00 $1,299.00 $10,392.00 31 2051CD2A22A1AM4 Rosemount 2051 Pressure Transmitter‚ with LOI Differential‚ -250 to 250"H2O 8 $2,529.95 $20,239.60 $0.00 $2,540.10 $20,320.80 32 2088G2S22A1M4 2088 Gauge Pressure Transmitter 0 to 150 psi‚ with LOI Display 8 $1,669.95 $13,359.60 $0.00 $1,664.55 $13,316.40 33 3051CD2A22A1A M5 3051 Differential pressure transmitter, with LCD display 4 $3,349.95 $13,399.80 $0.00 $3,097.80 $12,391.20 34 0306RT Rosemount 306 In-Line Manifold 8 $240.95 $1,927.60 $0.00 $303.50 $2,428.00 35 705S13C0A005.000000.000C20050A KPSI Series 705 Submersible Transmitter, 0 to 5 PSI 8 $0.00 $0.00 $773.05 $6,184.40 36 330S13B0B150.000000.000B10350A KPSI 320 Submersible Level Transmitter‚ 316 SS‚ 0 to 150 PSI 8 $0.00 $0.00 $1,023.00 $8,184.00 37 N/A DE chlorination Tablets‚ 45 lbs 6 $670.00 $4,020.00 $794.00 $4,764.00 $634.95 $3,809.70 38 FHZ25S**-GV High-Performance Hydrant Meter w/ Gate Valve, 22"L, Cubic Feet 4 $1,689.95 $6,759.80 $0.00 $0.00 39 5760102N DCT Double-Wall Tank for Sodium Hypochlorite‚ 360 Gallon 4 $0.00 $0.00 $0.00 40 ECSL 08-96x96x84 Corrosion resistant, one-piece insulated fiberglass shelter 1 $0.00 $0.00 $0.00 $121,473.84 $105,421.28 TOTAL SUM BID (Item 1 - 40)

CITY OF REDLANDS

MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT

BID ANALYSIS
Item Number Description Quantity

HD SUPPLY FACILITIES

MAINTENANCE
d/b/a/ USABLUEBOOK

CORE & MAIN FERGUSON
d.b.a. POLLARD WATERLine Item
No.

BID DATE:

FISCAL YEAR:
$141,929.24
Redlands Regular Meeting of 06-06-2023

City Council/Successor Agency Meeting J. 15.

DATE: 06/06/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Reject all bids received for Hazardous Waste Removal services at water and wastewater facilities and direct staff to solicit new bids (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move to reject all bids received for Hazardous Waste Removal services at water and wastewater facilities and direct staff to solicit new bids.

RECOMMENDATION:

Staff recommends City Council reject all bids received for Hazardous Waste Removal services at water and wastewater facilities and direct staff to solicit new bids.

DISCUSSION:

In accordance with Federal Environmental Protection Agency and San Bernardino County Certified Unified Program Agency regulations, the City is required to properly dispose of hazardous and non-hazardous waste generated at its water and wastewater facilities. This requires support from an appropriately certified contracted hazardous waste removal company. Typically, this service is needed every six (6) months for routine waste disposal or on an emergency basis in response to a hazardous waste spill requiring additional resources.

In accordance with the City's procurement protocol, staff issued a Request for Bid on March 23, 2023, for these services. The following six (6) bids were received on April 12, 2023:

Redlands Regular Meeting of 06-06-2023

BID OPENING SUMMARY

BIDDERS BID TOTAL

1. Environmental & Chemical Consulting, Inc., Mentone, CA $20,630.08

2. Advanced Chemical Transport, dba ACT Enviro, Redlands, CA $24,844.30

3. HCI Environmental, Corona, CA $27,510.40

4. Clean Harbors, Norwell, MA $32,255.68

5. Environmental Logistics, Bloomington, CA $37,411.00

6. Alpha Petroleum Transport, Inc., Corona, CA $44,156.75 A comprehensive review of proposals identified an administrative error in the bid solicitation. Therefore, staff recommends City Council reject all bids and direct staff to solicit new bids for these services.

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:

Janice McConnell, Assistant City Manager
Goutam Dobey, City Engineer
Fernando Mata, Wastewater Utility Manager
Paul Mariscal, Water Production Superintendent
PREPARED BY:

Shannon Simmers, Regulatory Compliance Officer
Fiscal Impact
Fiscal Year: FY 22/23
Discussion:

There is no fiscal impact associated with this action.

Attachments
Redlands Regular Meeting of 06-06-2023

Attachments
Bid Opening Report
Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

City Council/Successor Agency Meeting J. 16.

DATE: 06/06/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8367 establishing a midblock crosswalk on Wabash Avenue between Sylvan Boulevard and Montecito Lane adjacent to Crafton Elementary School, and determine that approval of the resolution is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):

If City Council determines the Traffic and Parking Commission and staff recommendations are appropriate, the following motion is provided:

I move to adopt Resolution No. 8367.

RECOMMENDATION:

TRAFFIC AND PARKING COMMISSION RECOMMENDATION
On June 29, 2022, the Traffic and Parking Commission voted unanimously to recommend City Council approval of a midblock crosswalk on Wabash Avenue between Sylvan Boulevard and Montecito Lane adjacent to Crafton Elementary School.

STAFF RECOMMENDATION
Staff recommends City Council adopt Resolution No. 8367 to establish a midblock crosswalk on Wabash Avenue between Sylvan Boulevard and Montecito Lane adjacent to Crafton Elementary School and determine that approval of the resolution is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act.

Redlands Regular Meeting of 06-06-2023

DISCUSSION:

Recently, staff received a petition requesting the installation of a midblock crosswalk on Wabash Avenue between Sylvan Boulevard and Montecito Lane adjacent to Crafton Elementary School. Staff met with residents and Redlands Unified School District personnel to better understand the concern and to discuss potential locations for a crosswalk. This segment of Wabash Avenue is adjacent to Crafton Elementary School and the Zanja Peak Trail, which contributes to significant pedestrian traffic. The closest controlled pedestrian crossing is located at the Citrus Avenue/Wabash Avenue intersection, which is approximately 800 feet from the proposed crosswalk location.

There is no California Manual of Uniform Traffic Control Devices (CAMUTCD) midblock crosswalk standard for streets similar to Wabash Avenue. However, CAMUTCD does provide recommendations to enhance driver awareness for crosswalks on uncontrolled streets such as:

Parking prohibitions;
Pedestrian crossing signs with downward pointing arrows; and High-visibility crosswalk marking pattern.

Staff conducted an engineering study to evaluate potential pedestrian safety improvements at the proposed midblock crosswalk location and recommends the installation of in-roadway crosswalk warning lights, curb extensions, pavement markings, and signage in addition to typical crosswalk safety improvements.

Adoption of Resolution No. 8367 is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act as the project involves negligible or no expansion of the existing street.

ALTERNATIVES:

City Council may deny the Traffic and Parking Commission and staff recommendations and provide alternate direction.

STRATEGIC PLAN:

N/A
Redlands Regular Meeting of 06-06-2023

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
Chris Boatman, Assistant City Manager
Rachel Tolber, Interim Chief of Police
Rich Sessler, Fire Chief
Goutam K. Dobey, City Engineer
PREPARED BY:

Johana Silva, Associate Engineer
Fiscal Impact
Fiscal Year: FY 22/23
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: Y
Account No.: 101400-8501
Discussion:

There is no fiscal impact associated with approval of this resolution. The FY 22/23 MUED budget includes funding for this project.

Attachments
Attachment A - Resolution No. 8367
Attachment B - Location Map
Redlands Regular Meeting of 06-06-2023

1 I:\cmo\Resolutions\8367 Wabash Midblock Crosswalk.docx I:\cmo\Resolutions\8367 Wabash Midblock Crosswalk.docx RESOLUTION NO. 8367

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

ESTABLISHING A MIDBLOCK CROSSWALK AT WABASH AVENUE

BETWEEN SYLVAN BOULEVARD AND MONTECITO LANE ADJACENT
TO CRAFTON ELEMENTARY SCHOOL PURSUANT TO TITLE 10 OF THE

REDLANDS MUNICIPAL CODE

WHEREAS, pursuant to studies made under the authority of Title 10 of the Redlands Municipal Code, and the presentation of information contained in such studies, the City Council of the City of Redlands has determined that certain traffic regulations are necessary to protect the public health, safety, and welfare and should be established pursuant to Title 10 of the Redlands Municipal Code;

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

Section 1. This City Council determines that approval of this Resolution is exempt from review under California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301(c) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This City Council finds with certainty that there is no possibility the approval of this Resolution may have a significant effect on the environment.

Section 2. Pursuant to Section 10.48.010 of the Redlands Municipal Code, the City Council hereby establishes a midblock crosswalk at Wabash Avenue between Sylvan Boulevard and Montecito Lane adjacent to Crafton Elementary School.

Section 3. City staff is hereby directed to take all actions to undertake the installation of in- roadway crosswalk warning lights, curb extension, painting, and signage to implement this Resolution.

ADOPTED, SIGNED AND APPROVED this 6
th day of June, 2023.

________________________
Eddie Tejeda, Mayor

ATTEST:

____________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 06-06-2023

2 I:\cmo\Resolutions\8367 Wabash Midblock Crosswalk.docx I:\cmo\Resolutions\8367 Wabash Midblock Crosswalk.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 6th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 06-06-2023

35'
163'
146'
55'
8' 12'
STOP10'
12'
.

CITY OF REDLANDSEXHIBIT Municipal Utilities and Engineering Department

WABASH STREET PROPOSED

MIDBLOCK CROSSWALK
NTS
SHEET 1 OF 1
LEGEND

IN-ROADWAY WARNING LIGHTS

NO PARKING ZONE
24" CONTINENTAL CROSSWALK STRIPING

YIELD LINE STRIPING

CURB RAMP

IN-ROADWAY CROSSWALK

WARNING LIGHTS
R1-5
R1-5
.
1 W16-9PW11-2
1 W16-9PW11-2

CRAFTON ELEMENTARY SCHOOL

WABASH AVENUE

SYLVAN BLVD

ZANJA PEAK TRAIL

ZANJA PEAK TRAIL

PUSHBUTTON

PUSHBUTTON

CITY BOUNDARY

PCC CURB EXTENSION & R/R CURB AND GUTTERS

RELOCATE STOP SIGN/STRIPING

PCC CURB EXTENSION
Redlands Regular Meeting of 06-06-2023

City Council/Successor Agency Meeting J. 17.

DATE: 06/06/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the First Amendment to the Public Works Contract with Tryco General Engineering for the 2022 Citywide Sidewalk and ADA Ramp Replacement Project to extend the time for completion by thirty (30) calendar days (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move to approve the First Amendment to the Public Works Contract with Tryco General Engineering for the 2022 Citywide Sidewalk and ADA Ramp Replacement Project to extend the time for completion by thirty (30) calendar days.

RECOMMENDATION:

Staff recommends City Council approval of a First Amendment to the Public Works Contract with Tryco General Engineering (Tryco) to construct the 2022 Citywide Sidewalk and ADA Ramp Replacement Project to extend the time for completion by thirty (30) calendar days.

DISCUSSION:

On December 6, 2022, City Council approved a Public Works Contract with Tryco General Engineering (Tryco) to construct the 2022 Citywide Sidewalk and ADA Ramp Replacement Project (Project) for an amount not-to-exceed $1,000,000. The Project will replace approximately 3 miles of lifted and broken sidewalks and forty-five (45) ADA curb ramps in various locations throughout the City.

The Project schedule has been delayed by several weeks due to inclement Redlands Regular Meeting of 06-06-2023

The Project schedule has been delayed by several weeks due to inclement weather and Tryco has notified staff that the Contract completion time must be extended. Staff agrees and recommends a Contract amendment to increase the time for completion by thirty (30) calendar days, resulting in a revised time for completion of one hundred eighty (180) calendar days. This is the only Contract revision proposed.

ALTERNATIVES:

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

STRATEGIC PLAN:

N/A
SUBMITTED BY:

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

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

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

Elva Arellanes, Associate Engineer
Fiscal Impact
Discussion:

There is no fiscal impact associated with this action.

Attachments
First Amendment to Tryco Contract
Executed Contract_Tryco (Reference Only)
Redlands Regular Meeting of 06-06-2023

1 I:\cmo\Agreements\Tryco General Engineering 1st Amendment FY22-0175.docx - AE

FIRST AMENDMENT TO PUBLIC WORKS CONSTRUCTION CONTRACT

This first amendment (“First Amendment”) to the Public Works Construction Contract for the 2022 Citywide Sidewalk and ADA Ramp Replacement Project dated December 6, 2022 (the “Contract”), by and between the City of Redlands, a municipal corporation and general law city (“City”), and Tryco General Engineering , a California corporation (“Contractor”), is made and entered into this 6th day of June, 2023.

RECITALS

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

WHEREAS, the City Council approved the contract with contractor for work in accordance with the Contract Docum ents for City’s 2022 Citywide Sidewalk and ADA Ramp Replacement Project, Project No. 400022;

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

AGREEMENT

Section 1. The time for completion, as set forth in Section 3 of the Contract, is hereby amended to increase Contractor’s time for completion and shall read as follows:

“TIME FOR COMPLETION: the Work shall be completed within One Hundred Eighty (180) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.”

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

IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of the 6
th day of June, 2023.

CITY OF REDLANDS TRYCO GENERAL ENGINEERING

________________________________ By: ________________________________ Eddie Tejeda, Mayor Sylvan Kirtley, Secretary

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

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Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

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Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

City Council/Successor Agency Meeting J. 18.

DATE: 06/06/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Accept the grant award from the Board of State and Community Corrections, and approve an additional appropriation of $55,464.53 to the Police Department (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 accept the grant award from the Board of State and Community Corrections, and approve an additional appropriation of $55,464.53 to the Police Department.

RECOMMENDATION:

Staff recommends that the City Council accept the grant award from the Board of State and Community Corrections to address Officer Wellness and Mental Health and approve an additional appropriation of $55,464.53 to the Police Department.

DISCUSSION:

The Budget Act of 2022 has authorized the Board of State and Community Corrections ("BSCC") to issue $50 million for city and county law enforcement agencies for the purpose of improving officer wellness and expanding mental health sources. The Redlands Police Department will be receiving $55,464.53 from BSCC which it plans to use to address officer wellness, mental health and provide peer support.

Redlands Regular Meeting of 06-06-2023

ALTERNATIVES:

Do not accept the grant award, or approve additional appropriation in the amount of $55,464.53.

STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

Rachel N. 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
PREPARED BY:

Jimmy Nguyen, Management Analyst
Fiscal Impact
Fiscal Year: 2022/2023
Revenue Generating: N
Appropriation Required Y/N: Y
Amount: $55,464.53
Discussion:

The revenues and expenditures for this grant will be accounted for in the Governmental Grants Fund (200). Expenses will be appropriated into the training line item.

Attachments
BSCC Funding Notification Memo
Funding Distribution
Additional Appropriation
Redlands Regular Meeting of 06-06-2023

DATE: December 21, 2022
TO: Police Chiefs and Sheriffs
FROM: Linda Penner, Chair
SUBJECT: OFFICER WELLNESS AND MENTAL HEALTH GRANT AWARD

I am pleased to let you know that the BSCC has begun processing the Officer Wellness and Mental Health grants, which were included in the Budget Act of 2022. All eligible law enforcement agencies will receive their payment by February 15, 2023. This memorandum provides further information about the purposes of the grant, and requests your assistance in identifying the person in your agency who will be responsible for required data reporting.

This disbursement is being made in accordance with Assembly Bill 178, Chapter 45, Statutes of 2022, Item 5227-121-0001. This funding is available to all city and county law enforcement agencies employing officers described in Section 830.1 of the Penal Code. The Officer Wellness grant is for the purpose of improving officer wellness and expanding mental health sources as follows:

1. Establishing officer wellness units or expanding existing officer wellness units.

2. Establishing peer support units or expanding peer support units.

3. Services provided by a licensed mental health professional, counselor, or other professional that works with law enforcement.

4. Expanding multiagency mutual aid programs focused on officer wellness and mental health.

5. Other programs or services that are evidence based or have a successful track record of enhancing officer wellness.

For further information about this funding and to identify the amount of funding allocated to your agency, please visit the Board of State and Community Corrections’ webpage for the Officer Wellness and Mental Health Grant available at https://www.bscc.ca.gov/officer-wellness-and-mental-health-grant-program/.

Provision 2 of the Budget Act requires each grant recipient to submit an expenditure report and a final impact report no later than December 1, 2025. Additionally, grant recipients will submit a brief annual expenditure report. Reports will be provided to the Commission on Peace Officer Standards and Training (POST). Detailed information regarding reporting requirements and reporting requirement webinars will be sent out in early 2023.

Redlands Regular Meeting of 06-06-2023

Officer Wellness & Mental Health Grant Recipients

Please send the name and email address of the individual(s) within your agency who will be responsible for the implementation and reporting requirements for this grant to [email protected] by February 28, 2023 so they may receive additional information regarding detailed reporting requirements, webinars, and deadlines.

If you have any questions regarding this funding distribution, please email [email protected] and a BSCC staff member will respond.

Sincerely,

LINDA PENNER
Chair
Board of State & Community Corrections

Redlands Regular Meeting of 06-06-2023

COUNTY AGENCY NAME AWARD AMOUNT
ALAMEDA COUNTY ALAMEDA CO SD/CORONER 709,103.49$
ALAMEDA COUNTY ALAMEDA PD 47,741.62$
ALAMEDA COUNTY ALBANY PD 20,000.00$
ALAMEDA COUNTY BAY AREA RAPID TRANSIT PD 145,331.11$
ALAMEDA COUNTY BERKELEY PD 106,014.48$
ALAMEDA COUNTY EAST BAY REG PARK DPS 37,912.46$
ALAMEDA COUNTY EMERYVILLE PD 28,000.00$
ALAMEDA COUNTY FREMONT PD 117,949.89$
ALAMEDA COUNTY HAYWARD PD 113,737.39$
ALAMEDA COUNTY LIVERMORE PD 63,187.44$
ALAMEDA COUNTY NEWARK PD 34,402.05$
ALAMEDA COUNTY OAKLAND PD 483,032.87$
ALAMEDA COUNTY PIEDMONT PD 15,000.00$
ALAMEDA COUNTY PLEASANTON PD 54,762.45$
ALAMEDA COUNTY SAN LEANDRO PD 49,847.87$
ALAMEDA COUNTY UNION CITY PD 47,039.54$
ALPINE COUNTY ALPINE CO SO 15,000.00$
AMADOR COUNTY AMADOR CO SO/CORONER 32,997.89$
AMADOR COUNTY IONE PD 15,000.00$
AMADOR COUNTY JACKSON PD 15,000.00$
AMADOR COUNTY SUTTER CREEK PD 15,000.00$
BUTTE COUNTY BUTTE CO SO/CORONER 122,162.38$
BUTTE COUNTY CHICO PD 65,293.69$
BUTTE COUNTY GRIDLEY PD 15,000.00$
BUTTE COUNTY OROVILLE PD 15,000.00$
BUTTE COUNTY PARADISE PD 15,000.00$
CALAVERAS COUNTY ANGELS CAMP PD 15,000.00$
CALAVERAS COUNTY CALAVERAS CO SD 40,018.71$
COLUSA COUNTY COLUSA COUNTY SD 25,000.00$
COLUSA COUNTY COLUSA PD 15,000.00$
COLUSA COUNTY WILLIAMS PD 15,000.00$
CONTRA COSTA COUNTY ANTIOCH PD 77,229.09$
CONTRA COSTA COUNTY BRENTWOOD PD 46,337.46$
CONTRA COSTA COUNTY CLAYTON PD 15,000.00$
CONTRA COSTA COUNTY CONCORD PD 93,376.99$
CONTRA COSTA COUNTY CONTRA COSTA CO SO/CORONER 435,993.33$ CONTRA COSTA COUNTY EL CERRITO PD 25,000.00$
CONTRA COSTA COUNTY HERCULES PD 20,000.00$
CONTRA COSTA COUNTY KENSINGTON PD 15,000.00$
CONTRA COSTA COUNTY MARTINEZ PD 28,000.00$
CONTRA COSTA COUNTY MORAGA PD 15,000.00$
CONTRA COSTA COUNTY OAKLEY PD 28,000.00$
CONTRA COSTA COUNTY PINOLE PD 20,000.00$
CONTRA COSTA COUNTY PITTSBURG PD 62,485.36$
CONTRA COSTA COUNTY PLEASANT HILL PD 30,
891.64$
CONTRA COSTA COUNTY RICHMOND PD 83,547.84$
CONTRA COSTA COUNTY SAN PABLO PD 37,912.46$
CONTRA COSTA COUNTY SAN RAMON PD 46,337.46$
CONTRA COSTA COUNTY WALNUT CREEK PD 51,252.03$
Officer Wellness and Mental Health Grant Program
Funding Distribution Schedule
December 12, 2022 1
Redlands Regular Meeting of 06-06-2023

COUNTY AGENCY NAME AWARD AMOUNT
DEL NORTE COUNTY CRESCENT CITY PD 15,000.00$
DEL NORTE COUNTY DEL NORTE COUNTY SO 15,000.00$
EL DORADO COUNTY EL DORADO CO SO 117,247.80$
EL DORADO COUNTY PLACERVILLE PD 15,000.00$
EL DORADO COUNTY SOUTH LAKE TAHOE PD 28,000.00$
FRESNO COUNTY CLOVIS PD 73,718.68$
FRESNO COUNTY COALINGA PD 15,000.00$
FRESNO COUNTY FIREBAUGH PD 15,000.00$
FRESNO COUNTY FOWLER PD 15,000.00$
FRESNO COUNTY FRESNO CO SO 288,555.97$
FRESNO COUNTY FRESNO PD 557,453.63$
FRESNO COUNTY HURON PD 15,000.00$
FRESNO COUNTY KERMAN PD 25,000.00$
FRESNO COUNTY KINGSBURG PD 20,000.00$
FRESNO COUNTY MENDOTA PD 15,000.00$
FRESNO COUNTY ORANGE COVE PD 15,000.00$
FRESNO COUNTY PARLIER PD 15,000.00$
FRESNO COUNTY REEDLEY PD 25,000.00$
FRESNO COUNTY SANGER PD 28,000.00$
FRESNO COUNTY SELMA PD 28,000.00$
GLENN COUNTY GLENN CO SO/CORONER 30,891.64$
GLENN COUNTY ORLAND PD 15,000.00$
HUMBOLDT COUNTY ARCATA PD 20,000.00$
HUMBOLDT COUNTY EUREKA PD 28,000.00$
HUMBOLDT COUNTY FERNDALE PD 15,000.00$
HUMBOLDT COUNTY FORTUNA PD 15,000.00$
HUMBOLDT COUNTY HUMBOLDT CO SO 128,481.13$
HUMBOLDT COUNTY RIO DELL PD 15,000.00$
IMPERIAL COUNTY BRAWLEY PD 20,000.00$
IMPERIAL COUNTY CALEXICO PD 20,000.00$
IMPERIAL COUNTY CALIPATRIA PD 15,000.00$
IMPERIAL COUNTY EL CENTRO PD 28,083.31$
IMPERIAL COUNTY IMPERIAL CO SO 63,187.44$
IMPERIAL COUNTY IMPERIAL PD 15,000.00$
IMPERIAL COUNTY WESTMORLAND PD 15,000.00$
INYO COUNTY BISHOP PD 15,000.00$
INYO COUNTY INYO COUNTY SO 28,000.00$
KERN COUNTY ARVIN PD 15,000.00$
KERN COUNTY BAKERSFIELD PD 305,405.96$
KERN COUNTY BEAR VALLEY PD 15,000.00$
KERN COUNTY CALIFORNIA CITY PD 15,000.00$
KERN COUNTY DELANO PD 33,699.97$
KERN COUNTY KERN COUNTY SO 501,989.10$
KERN COUNTY MCFARLAND PD 15,000.00$
KERN COUNTY RIDGECREST PD 25,
000.00$
KERN COUNTY SHAFTER PD 25,000.00$
KERN COUNTY STALLION SPRINGS PD 15,000.00$
KERN COUNTY TAFT PD 15,000.00$
KERN COUNTY TEHACHAPI PD 15,000.00$
KINGS COUNTY AVENAL PD 15,000.00$
KINGS COUNTY CORCORAN PD 15,000.00$
KINGS COUNTY HANFORD PD 42,827.04$
December 12, 2022 2
Redlands Regular Meeting of 06-06-2023

COUNTY AGENCY NAME AWARD AMOUNT
KINGS COUNTY KINGS CO SHERIFF'S OFFICE 136,204.04$
KINGS COUNTY LEMOORE PD 28,000.00$
LAKE COUNTY CLEARLAKE PD 20,000.00$
LAKE COUNTY LAKE CO SO 64,591.60$
LAKE COUNTY LAKEPORT PD 15,000.00$
LASSEN COUNTY LASSEN CO SO 38,614.55$
LASSEN COUNTY SUSANVILLE PD 15,000.00$
LOS ANGELES COUNTY ALHAMBRA PD 56,868.70$
LOS ANGELES COUNTY ARCADIA PD 45,635.37$
LOS ANGELES COUNTY AZUSA PD 36,508.30$
LOS ANGELES COUNTY BALDWIN PARK PD 40,720.79$
LOS ANGELES COUNTY BELL GARDENS PD 32,295.80$
LOS ANGELES COUNTY BELL PD 25,000.00$
LOS ANGELES COUNTY BEVERLY HILLS PD 94,781.16$
LOS ANGELES COUNTY BURBANK PD 103,908.23$
LOS ANGELES COUNTY CLAREMONT PD 28,000.00$
LOS ANGELES COUNTY COVINA PD 40,720.79$
LOS ANGELES COUNTY CULVER CITY PD 70,910.35$
LOS ANGELES COUNTY DOWNEY PD 80,037.42$
LOS ANGELES COUNTY EL MONTE PD 75,824.93$
LOS ANGELES COUNTY EL SEGUNDO PD 37,912.46$
LOS ANGELES COUNTY GARDENA PD 60,379.11$
LOS ANGELES COUNTY GLENDALE PD 162,883.18$
LOS ANGELES COUNTY GLENDORA PD 34,402.05$
LOS ANGELES COUNTY HAWTHORNE PD 64,591.60$
LOS ANGELES COUNTY HERMOSA BEACH PD 28,000.00$
LOS ANGELES COUNTY HUNTINGTON PARK PD 37,210.38$
LOS ANGELES COUNTY INGLEWOOD PD 120,056.14$
LOS ANGELES COUNTY IRWINDALE PD 25,000.00$
LOS ANGELES COUNTY LA VERNE PD 28,000.00$
LOS ANGELES COUNTY LONG BEACH PD 520,243.25$
LOS ANGELES COUNTY LOS ANGELES CO SD 6,548,325.00$
LOS ANGELES COUNTY LOS ANGELES PD 6,499,179.21$
LOS ANGELES COUNTY MANHATTAN BEACH PD 40,720.79$
LOS ANGELES COUNTY MONROVIA PD 32,295.80$
LOS ANGELES COUNTY MONTEBELLO PD 47,741.62$
LOS ANGELES COUNTY MONTEREY PARK PD 49,847.87$
LOS ANGELES COUNTY PALOS VERDES ESTATES PD 15,000.00$
LOS ANGELES COUNTY PASADENA PD 152,351.94$
LOS ANGELES COUNTY POMONA PD 105,312.40$
LOS ANGELES COUNTY REDONDO BEACH PD 63,187.44$
LOS ANGELES COUNTY SAN FERNANDO PD 25,000.00$
LOS ANGELES COUNTY SAN GABRIEL PD 32,997.89$
LOS ANGELES COUNTY SAN MARINO PD 25,000.00$
LOS ANGELES COUNTY SANTA MONICA PD 141,
118.62$
LOS ANGELES COUNTY SIERRA MADRE PD 15,000.00$
LOS ANGELES COUNTY SIGNAL HILL PD 28,000.00$
LOS ANGELES COUNTY SOUTH GATE PD 51,954.12$
LOS ANGELES COUNTY SOUTH PASADENA PD 28,000.00$
LOS ANGELES COUNTY TORRANCE PD 141,820.70$
LOS ANGELES COUNTY VERNON PD 30,189.55$
LOS ANGELES COUNTY WEST COVINA PD 65,293.69$
December 12, 2022 3
Redlands Regular Meeting of 06-06-2023

COUNTY AGENCY NAME AWARD AMOUNT
LOS ANGELES COUNTY WHITTIER PD 87,058.25$
MADERA COUNTY CHOWCHILLA PD 20,000.00$
MADERA COUNTY MADERA CO SO 75,122.84$
MADERA COUNTY MADERA PD 40,720.79$
MARIN COUNTY BELVEDERE PD 15,000.00$
MARIN COUNTY CENTRAL MARIN POLICE AUTHORITY 28,000.00$
MARIN COUNTY FAIRFAX PD 15,000.00$
MARIN COUNTY MARIN CO SO 132,693.62$
MARIN COUNTY MILL VALLEY PD 20,000.00$
MARIN COUNTY NOVATO PD 39,316.63$
MARIN COUNTY ROSS PD 15,000.00$
MARIN COUNTY SAN RAFAEL PD 44,933.29$
MARIN COUNTY SAUSALITO PD 15,000.00$
MARIN COUNTY TIBURON PD 15,000.00$
MARIPOSA COUNTY MARIPOSA CO SO 44,231.21$
MENDOCINO COUNTY FORT BRAGG PD 15,000.00$
MENDOCINO COUNTY MENDOCINO CO SO 75,824.93$
MENDOCINO COUNTY UKIAH PD 20,000.00$
MENDOCINO COUNTY WILLITS PD 15,000.00$
MERCED COUNTY ATWATER PD 20,000.00$
MERCED COUNTY DOS PALOS PD 15,000.00$
MERCED COUNTY GUSTINE PD 15,000.00$
MERCED COUNTY LIVINGSTON PD 15,000.00$
MERCED COUNTY LOS BANOS PD 30,189.55$
MERCED COUNTY MERCED CO SO 84,249.92$
MERCED COUNTY MERCED PD 65,995.77$
MODOC COUNTY ALTURAS PD 15,000.00$
MODOC COUNTY MODOC CO SO 15,000.00$
MONO COUNTY MAMMOTH LAKES PD 15,000.00$
MONO COUNTY MONO CO SD 20,000.00$
MONTEREY COUNTY CARMEL PD 15,000.00$
MONTEREY COUNTY DEL REY OAKS PD 15,000.00$
MONTEREY COUNTY GONZALES PD 15,000.00$
MONTEREY COUNTY GREENFIELD PD 20,000.00$
MONTEREY COUNTY KING CITY PD 15,000.00$
MONTEREY COUNTY MARINA PD 25,000.00$
MONTEREY COUNTY MONTEREY CO SHERIFF'S OFFICE 196,583.15$ MONTEREY COUNTY MONTEREY PD 32,997.89$
MONTEREY COUNTY PACIFIC GROVE PD 20,000.00$
MONTEREY COUNTY SALINAS PD 96,887.41$
MONTEREY COUNTY SAND CITY PD 15,000.00$
MONTEREY COUNTY SEASIDE PD 25,000.00$
MONTEREY COUNTY SO LEDAD PD 15,000.00$
NAPA COUNTY CALISTOGA PD 15,000.00$
NAPA COUNTY NAPA CO SO 72,314.51$
NAPA COUNTY NAPA PD 44,933.29$
NAPA COUNTY SAINT HELENA PD 15,000.00$
NEVADA COUNTY GRASS VALLEY PD 25,000.00$
NEVADA COUNTY NEVADA CITY PD 15,000.00$
NEVADA COUNTY NEVADA CO SO 42,827.04$

NEVADA COUNTY T
RUCKEE PD 20,000.00$
ORANGE COUNTY ANAHEIM PD 260,472.67$
December 12, 2022 4
Redlands Regular Meeting of 06-06-2023

COUNTY AGENCY NAME AWARD AMOUNT
ORANGE COUNTY BREA PD 41,422.88$
ORANGE COUNTY BUENA PARK PD 58,272.86$
ORANGE COUNTY COSTA MESA PD 93,376.99$
ORANGE COUNTY CYPRESS PD 37,210.38$
ORANGE COUNTY FOUNTAIN VALLEY PD 42,827.04$
ORANGE COUNTY FULLERTON PD 79,335.34$
ORANGE COUNTY GARDEN GROVE PD 122,162.38$
ORANGE COUNTY HUNTINGTON BEACH PD 148,841.52$
ORANGE COUNTY IRVINE PD 160,776.93$
ORANGE COUNTY LA HABRA PD 50,549.95$
ORANGE COUNTY LA PALMA PD 20,000.00$
ORANGE COUNTY LAGUNA BEACH PD 34,402.05$
ORANGE COUNTY LOS ALAMITOS PD 15,000.00$
ORANGE COUNTY NEWPORT BEACH PD 94,079.08$
ORANGE COUNTY ORANGE CO SD/CORONER 1,285,513.36$
ORANGE COUNTY ORANGE PD 102,504.07$
ORANGE COUNTY PLACENTIA PD 32,295.80$
ORANGE COUNTY SANTA ANA PD 246,431.01$
ORANGE COUNTY SEAL BEACH PD 28,000.00$
ORANGE COUNTY TUSTIN PD 65,293.69$
ORANGE COUNTY WESTMINSTER PD 57,570.78$
PLACER COUNTY AUBURN PD 15,000.00$
PLACER COUNTY LINCOLN PD 25,000.00$
PLACER COUNTY PLACER COUNTY SO 176,222.75$
PLACER COUNTY ROCKLIN PD 41,422.88$
PLACER COUNTY ROSEVILLE PD 89,866.58$
PLUMAS COUNTY PLUMAS CO SO 25,000.00$
RIVERSIDE COUNTY BANNING PD 28,000.00$
RIVERSIDE COUNTY BEAUMONT PD 35,104.13$
RIVERSIDE COUNTY BLYTHE PD 20,000.00$
RIVERSIDE COUNTY CATHEDRAL CITY PD 34,402.05$
RIVERSIDE COUNTY CORONA PD 104,610.32$
RIVERSIDE COUNTY DESERT HOT SPRINGS PD 25,000.00$
RIVERSIDE COUNTY HEMET PD 48,443.70$
RIVERSIDE COUNTY INDIO PD 44,933.29$
RIVERSIDE COUNTY MENIFEE PD 53,358.28$
RIVERSIDE COUNTY MURRIETA PD 70,910.35$
RIVERSIDE COUNTY PALM SPRINGS PD 68,804.10$
RIVERSIDE COUNTY RIVERSIDE CO SD 1,951,087.72$
RIVERSIDE COUNTY RIVERSIDE PD 245,026.85$
SACRAMENTO COUNTY AMTRAK PD 25,000.00$
SACRAMENTO COUNTY CITRUS HEIGHTS PD 54,762.45$
SACRAMENTO COUNTY ELK GROVE PD 89,866.58$
SACRAMENTO COUNTY FOLSOM PD 51,252.03$
SACRAMENTO COUNTY GALT PD 28,
000.00$
SACRAMENTO COUNTY SACRAMENTO CO SD 902,176.22$
SACRAMENTO COUNTY SACRAMENTO PD 480,926.62$
SAN BENITO COUNTY HOLLISTER PD 28,000.00$
SAN BENITO COUNTY SAN BENITO CO SO 37,912.46$
SAN BERNARDINO COUNTY BARSTOW PD 28,000.00$
SAN BERNARDINO COUNTY CHINO PD 77,931.18$
SAN BERNARDINO COUNTY COLTON PD 37,210.38$
December 12, 2022 5
Redlands Regular Meeting of 06-06-2023

COUNTY AGENCY NAME AWARD AMOUNT
SAN BERNARDINO COUNTY FONTANA PD 136,204.04$
SAN BERNARDINO COUNTY MONTCLAIR PD 32,295.80$
SAN BERNARDINO COUNTY ONTARIO PD 193,072.73$
SAN BERNARDINO COUNTY REDLANDS PD 55,464.53$
SAN BERNARDINO COUNTY RIALTO PD 78,633.26$
SAN BERNARDINO COUNTY SAN BERNARDINO CO SD 1,347,296.63$ SAN BERNARDINO COUNTY SAN BERNARDINO PD 172,010.25$
SAN BERNARDINO COUNTY UPLAND PD 45,635.37$
SAN DIEGO COUNTY CARLSBAD PD 84,952.00$
SAN DIEGO COUNTY CHULA VISTA PD 163,585.26$
SAN DIEGO COUNTY CORONADO PD 30,891.64$
SAN DIEGO COUNTY EL CAJON PD 82,845.75$
SAN DIEGO COUNTY ESCONDIDO PD 94,781.16$
SAN DIEGO COUNTY LA MESA PD 42,124.96$
SAN DIEGO COUNTY NATIONAL CITY PD 58,272.86$
SAN DIEGO COUNTY OCEANSIDE PD 142,522.78$
SAN DIEGO COUNTY SAN DIEGO CO SD 1,809,969.10$
SAN DIEGO COUNTY SAN DIEGO PD 1,263,046.71$
SAN FRANCISCO COUNTY SAN FRANCISCO CO SO 536,391.15$
SAN FRANCISCO COUNTY SAN FRANCISCO PD 1,407,675.74$
SAN JOAQUIN COUNTY ESCALON PD 15,000.00$
SAN JOAQUIN COUNTY LODI PD 47,741.62$
SAN JOAQUIN COUNTY MANTECA PD 51,252.03$
SAN JOAQUIN COUNTY RIPON PD 20,000.00$
SAN JOAQUIN COUNTY SAN JOAQUIN CO SO 223,262.29$
SAN JOAQUIN COUNTY STOCKTON PD 275,918.49$
SAN JOAQUIN COUNTY TRACY PD 73,718.68$
SAN LUIS OBISPO COUNTY ARROYO GRANDE PD 20,000.00$
SAN LUIS OBISPO COUNTY ATASCADERO PD 25,000.00$
SAN LUIS OBISPO COUNTY GROVER BEACH PD 20,000.00$
SAN LUIS OBISPO COUNTY MORRO BAY PD 15,000.00$
SAN LUIS OBISPO COUNTY PASO ROBLES PD 28,000.00$
SAN LUIS OBISPO COUNTY PISMO BEACH PD 20,000.00$
SAN LUIS OBISPO COUNTY SAN LUIS OBISPO CO SO 216,943.54$ SAN LUIS OBISPO COUNTY SAN LUIS OBISPO PD 42,124.96$
SAN MATEO COUNTY ATHERTON PD 20,000.00$
SAN MATEO COUNTY BELMONT PD 25,000.00$
SAN MATEO COUNTY BRISBANE PD 15,000.00$
SAN MATEO COUNTY BROADMOOR PD 15,000.00$
SAN MATEO COUNTY BURLINGAME PD 28,000.00$
SAN MATEO COUNTY COLMA PD 15,000.00$
SAN MATEO COUNTY DALY CITY PD 63,889.52$
SAN MATEO COUNTY EAST PALO ALTO PD 25,000.00$
SAN MATEO COUNTY FOSTER CITY PD 28,000.00$
SAN MATEO COUNTY HILLSBOROUGH PD 25,
000.00$
SAN MATEO COUNTY MENLO PARK PD 28,785.39$
SAN MATEO COUNTY PACIFICA PD 25,000.00$
SAN MATEO COUNTY REDWOOD CITY PD 56,166.61$
SAN MATEO COUNTY SAN BRUNO PD 31,593.72$
SAN MATEO COUNTY SAN MATEO CO SHERIFF'S OFFICE 202,199.81$ SAN MATEO COUNTY SAN MATEO PD 75,122.84$
SAN MATEO COUNTY SOUTH SAN FRANCISCO PD 53,358.28$
December 12, 2022 6
Redlands Regular Meeting of 06-06-2023

COUNTY AGENCY NAME AWARD AMOUNT
SANTA BARBARA COUNTY GUADALUPE PD 15,000.00$
SANTA BARBARA COUNTY LOMPOC PD 28,785.39$
SANTA BARBARA COUNTY SANTA BARBARA CO SO 348,233.00$
SANTA BARBARA COUNTY SANTA BARBARA PD 82,143.67$
SANTA BARBARA COUNTY SANTA MARIA PD 83,547.84$
SANTA CLARA COUNTY CAMPBELL PD 30,189.55$
SANTA CLARA COUNTY GILROY PD 43,529.13$
SANTA CLARA COUNTY LOS ALTOS PD 28,000.00$
SANTA CLARA COUNTY LOS GATOS PD 28,000.00$
SANTA CLARA COUNTY MILPITAS PD 60,379.11$
SANTA CLARA COUNTY MORGAN HILL PD 28,000.00$
SANTA CLARA COUNTY MOUNTAIN VIEW PD 57,570.78$
SANTA CLARA COUNTY PALO ALTO PD 47,741.62$
SANTA CLARA COUNTY SAN JOSE PD 758,951.36$
SANTA CLARA COUNTY SANTA CLARA CO SO 841,095.03$
SANTA CLARA COUNTY SANTA CLARA PD 98,291.57$
SANTA CLARA COUNTY SUNNYVALE DPS 139,012.37$
SANTA CRUZ COUNTY CAPITOLA PD 20,000.00$
SANTA CRUZ COUNTY SANTA CRUZ CO SO 101,801.99$
SANTA CRUZ COUNTY SANTA CRUZ PD 50,549.95$
SANTA CRUZ COUNTY SCOTTS VALLEY PD 15,000.00$
SANTA CRUZ COUNTY WATSONVILLE PD 47,039.54$
SHASTA COUNTY ANDERSON PD 15,000.00$
SHASTA COUNTY REDDING PD 72,314.51$
SHASTA COUNTY SHASTA CO SO 82,845.75$
SIERRA COUNTY SIERRA CO SHERIFF'S OFFICE 15,000.00$
SISKIYOU COUNTY ETNA PD 15,000.00$
SISKIYOU COUNTY LAKE SHASTINA DISTRICT PD 15,000.00$
SISKIYOU COUNTY MOUNT SHASTA PD 15,000.00$
SISKIYOU COUNTY SISKIYOU CO SD 45,635.37$
SISKIYOU COUNTY TULELAKE PD 15,000.00$
SISKIYOU COUNTY WEED PD 15,000.00$
SISKIYOU COUNTY YREKA PD 15,000.00$
SOLANO COUNTY BENICIA PD 28,000.00$
SOLANO COUNTY DIXON PD 20,000.00$
SOLANO COUNTY FAIRFIELD PD 82,143.67$
SOLANO COUNTY SOLANO CO SO 120,056.14$
SOLANO COUNTY SUISUN CITY PD 20,000.00$
SOLANO COUNTY VACAVILLE PD 70,208.27$
SOLANO COUNTY VALLEJO PD 61,783.27$
SONOMA COUNTY CLOVERDALE PD 15,000.00$
SONOMA COUNTY COTATI PD 15,000.00$
SONOMA COUNTY HEALDSBURG PD 15,000.00$
SONOMA COUNTY PETALUMA PD 46,337.46$
SONOMA COUNTY ROHNERT PARK DPS 51,
252.03$
SONOMA COUNTY SANTA ROSA PD 117,247.80$
SONOMA COUNTY SEBASTOPOL PD 15,000.00$
SONOMA COUNTY SONOMA CO SHERIFF'S OFFICE 287,151.81$
STANISLAUS COUNTY CERES DPS 32,997.89$
STANISLAUS COUNTY MODESTO PD 127,779.04$
STANISLAUS COUNTY NEWMAN PD 15,000.00$
STANISLAUS COUNTY OAKDALE PD 20,000.00$
December 12, 2022 7
Redlands Regular Meeting of 06-06-2023

COUNTY AGENCY NAME AWARD AMOUNT
STANISLAUS COUNTY STANISLAUS CO SD 369,997.56$
STANISLAUS COUNTY TURLOCK PD 57,570.78$
SUTTER COUNTY SUTTER CO SO 70,910.35$
SUTTER COUNTY YUBA CITY PD 41,422.88$
TEHEMA COUNTY CORNING PD 15,000.00$
TEHEMA COUNTY RED BLUFF PD 20,000.00$
TEHEMA COUNTY TEHAMA CO SO 47,039.54$
TRINITY COUNTY TRINITY COUNTY SO 28,000.00$
TULARE COUNTY DINUBA PD 28,000.00$
TULARE COUNTY EXETER PD 15,000.00$
TULARE COUNTY FARMERSVILLE PD 15,000.00$
TULARE COUNTY LINDSAY DPS 15,000.00$
TULARE COUNTY PORTERVILLE PD 46,337.46$
TULARE COUNTY TULARE CO SO 358,062.16$
TULARE COUNTY TULARE PD 46,337.46$
TULARE COUNTY VISALIA PD 102,504.07$
TULARE COUNTY WOODLAKE PD 15,000.00$
TUOLUMNE COUNTY SONORA PD 15,000.00$
TUOLUMNE COUNTY TUOLUMNE CO SO 65,293.69$
VENTURA COUNTY OXNARD PD 152,351.94$
VENTURA COUNTY PORT HUENEME PD 20,000.00$
VENTURA COUNTY SANTA PAULA PD 25,000.00$
VENTURA COUNTY SIMI VALLEY PD 77,229.09$
VENTURA COUNTY VENTURA CO SO 503,393.27$
VENTURA COUNTY VENTURA PD 95,483.24$
YOLO COUNTY DAVIS PD 39,316.63$
YOLO COUNTY WEST SACRAMENTO PD 47,741.62$
YOLO COUNTY WINTERS PD 15,000.00$
YOLO COUNTY WOODLAND PD 47,039.54$
YOLO COUNTY YOLO CO SHERIFF'S OFFICE 54,060.37$
YUBA COUNTY MARYSVILLE PD 15,000.00$
YUBA COUNTY WHEATLAND PD 15,000.00$
YUBA COUNTY YUBA CO SD 73,016.60$
December 12, 2022 8
Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

City Council/Successor Agency Meeting J. 19.

DATE: 06/06/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8478 authorizing the application to and participation in the Organized Retail Theft Prevention Grant program funded by the Board of State and Community Corrections, and if awarded, authorizing the City Manager or his designee to execute any subsequent funding agreement (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 adopt Resolution No. 8478 authorizing the application to and participation in the Organized Retail Theft Prevention Grant program funded by the Board of State and Community Corrections, and if awarded, authorizing the City Manager or his designee to execute any subsequent funding agreement.

RECOMMENDATION:

Staff recommends that the City Council approve a resolution of the City Council of the city of Redlands authorizing the application to and participation in the Organized Retail Theft Prevention Grant program funded by the Board of State and Community Corrections, and if awarded, authorizing the City Manager or his designee to execute any subsequent funding agreement.

DISCUSSION:

The Budget Act of 2022 has authorized the Board of State and Community Corrections ("BSCC") to make $242,250,999 available competitively to law enforcement to support them in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.

The grant application mandates that the applications be submitted by the Redlands Regular Meeting of 06-06-2023

The grant application mandates that the applications be submitted by the respective City Council, Board of Supervisors, or the Chief County Administrative Officer. The grant agreement service period covers the time period between October 1, 2023 through December 31, 2026. In addition, the BSCC requires each respective governing body to adopt the attached resolution.

The Redlands Police Department has been on the cutting edge of utilizing technology to address these types of crimes. Staff members from the Redlands Police Department have presented at numerous international, national, and state conferences as to how technology can be used as a force multiplier to address crime trends such as organized retail crime. Technology deployed by the Redlands Police Department has helped investigators develop leads as to the identity and location of the suspects. It is with great intention to avoid educating the criminals that specific details as to how the technology works and where it will be deployed are not listed in this staff report.

The Redlands Police Department would like to submit an application to expand its use of technology to address organized retail crime, motor vehicle theft, and motor vehicle accessory theft. The Redlands Chamber of Commerce, Majestic Realty, and Stater Bros. have already issued letters of support to partner with the Redlands Police Department to curb these types of crimes with any funding received from the grant. The BSCC requires that each respective City Council approve the corresponding resolution.

ALTERNATIVES:

Do not adopt the resolution.

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
PREPARED BY:

Travis Martinez, Deputy Chief
Redlands Regular Meeting of 06-06-2023

Fiscal Impact
Discussion:

Not applicable as we do not know if we will be receiving the grant.

Attachments
Sample Agreement
Resolution 8478
Redlands Regular Meeting of 06-06-2023

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID:

STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC XXX- 23

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTOR NAME
XXX

2. The term of this Agreement is:

START DATE
OCTOBER 1, 2023

THROUGH END DATE
JUNE 1, 2027

3. The maximum amount of this Agreement is:
$000,000.00

4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this reference made a part of the Agreement.

EXHIBITS TITLE PAGES
Exhibit A Scope of Work x
Exhibit B Budget Detail and Payment Provisions x
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D

Special Terms and Conditions x
Attachment 1* Organized Retail Theft Prevention Grant Program Request for Proposals * Attachment 2 Organized Retail Theft Grant Prevention Program Grant Proposal xx Appendix A

Organized Retail Theft Grant Program Scoring Panel Roster x Appendix B Grantee Assurance for Non-Governmental Organizations x * This item is hereby incorporated by reference and can be viewed at: enter web address IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)

GRANTEE NAME

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
xxx xxx xx xxx

PRINTED NAME OF PERSON SIGNING TITLE
xxx xxx

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED


STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833

PRINTED NAME OF PERSON SIGNING TITLE
RICARDO GOODRIDGE Deputy Director

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED


CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06

Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

EXHIBIT A: SCOPE OF WORK

1. GRANT AGREEMENT – Organized Retail Theft Grant Program This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and grantee name (hereafter referred to as the Grantee).

2. PROJECT SUMMARY AND ADMINISTRATION
A. The Organized Retail Theft Grant Program was established in Senate Bill 154 (SB 154) (Chapter 43, Statutes of 2022). Organized Retail Theft Grant Program funds shall be used to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.

B. Grantee agrees to administer the project in accordance with Attachment 1: Organized Retail Theft Grant Program Request for Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal, which is attached and hereto and made part of this agreement.

3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.

B. The Grantee’s project officials shall be those identified as follows:

Authorized Officer with legal authority to sign:

Name:

Title:

Address:

Phone:

Email:

Designated Financial Officer authorized to receive warrants:

Name:

Title:

Address:

Phone:

Email:

Project Director authorized to administer the project:

Name:

Title:

Address:

Phone:

Email:

C. Either party may change its project representatives upon written notice to the other party.

Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

EXHIBIT A: SCOPE OF WORK

D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs.

4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: Organized Retail Theft Grant Program Request for Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal.

5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:

Quarterly Progress Report Periods Due no later than:

1. October 1, 2023 to December 31, 2023 February 15, 2024

2. January 1, 2024 to March 31, 2024 May 15, 2024

3. April 1, 2024 to June 30, 2024 August 15, 2024

4. July 1, 2024 to September 30, 2024 November 15, 2024

5. October 1, 2024 to December 31, 2024 February 15, 2025

6. January 1, 2025 to March 31, 2025 May 15, 2025

7. April 1, 2025 to June 30, 2025 August 15, 2025

8. July 1, 2025 to September 30, 2025 November 15, 2025

9. October 1, 2025 to December 31, 2025 February 15, 2026

10. January 1, 2026 to March 31, 2026 May 15, 2026

11. April 1, 2026 to June 30, 2026 August 15, 2026

12. July 1, 2026 to September 30, 2026 November 15, 2026

13. October 1, 2026 to December 31, 2026 February 15, 2027

B. Evaluation Documents Due no later than:

1. Local Evaluation Plan April 1, 2024

2. Final Local Evaluation Report June 1, 2027

C. Other Due no later than:

Financial Audit Report June 1, 2027

Grantees that are unable to demonstrate that they are making sufficient progress toward project goals and objectives and show that funds are being spent in accordance with the Grant Agreement could be subject to a withholding of funds.

6. PROJECT RECORDS
A. T he Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.

Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

EXHIBIT A: SCOPE OF WORK

B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project. Source documentation includes copies of all awards, applications, approved modifications, financial records, and narrative reports.

C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time.

Time and effort reports are also required for all subcontractors and consultants.

D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.

E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.

F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.

7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the Organized Retail Theft Grant Program Scoring Panel from receiving funds awarded under the Organized Retail Theft Grant Program RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Organized Retail Theft Grant Program Scoring Panel roster (Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the Organized Retail Theft Grant Program Scoring Panel.

B. In cases of an actual conflict of interest with a Scoring Panel member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.

Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS

1. INVOICING AND PAYMENT
A. The Grantee shall be paid quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.

Quarterly Invoicing Periods: Due no later than:

1. October 1, 2023 to December 31, 2023 February 15, 2024

2. January 1, 2024 to March 31, 2024 May 15, 2024

3. April 1, 2024 to June 30, 2024 August 15, 2024

4. July 1, 2024 to September 30, 2024 November 15, 2024

5. October 1, 2024 to December 31, 2024 February 15, 2025

6. January 1, 2025 to March 31, 2025 May 15, 2025

7. April 1, 2025 to June 30, 2025 August 15, 2025

8. July 1, 2025 to September 30, 2025 November 15, 2025

9. October 1, 2025 to December 31, 2025 February 15, 2026

10. January 1, 2026 to March 31, 2026 May 15, 2026

11. April 1, 2026 to June 30, 2026 August 15, 2026

12. July 1, 2026 to September 30, 2026 November 15, 2026

13. October 1, 2026 to December 31, 2026 February 15, 2027

Final Invoicing Periods*: Due no later than:

13. January 1, 2027 to March 31, 2027 May 15, 2027

14. April 1, 2027 to June 1, 2027 August 15, 2027
*Note: Project activity period ends December 31 , 2026 . The period of January 1, 2027, to June 1, 2027, is for completion of Final Local Evaluation Report and financial audit only.

B. All project expenses must be incurred by the end of the project activity p eriod, December 31, 2026, and included on the final invoice due February 15, 2027. Project expenditures incurred after December 31, 2026 will not be reimbursed.

C. The Final Local Evaluation Report is due to BSCC by June 1, 2027. Expenditures incurred for the completion of the Final Local Evaluation Report during the period of January 1, 2027, to June 1, 2027, must be submitted during the Final Invoicing Periods, with the final invoice due on August 15, 2027. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.

D. The Financial Audit Report is due to BSCC by June 1, 2027. Expenditures incurred for the completion of the financial audit during the period of January 1, 2027, to June 1, 2027, must be submitted during the Final Invoicing Periods, with the final invoice due on August 15, 2027. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.

E. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.

F. Upon the BSCC’s request, supporting documentation must be submitted for project expenditures. Grantees are required to maintain supporting documentation for all Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS

expenditures on the project site for the life of the grant and make it readily available for review during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.

2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award.

Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.

B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement. In no event shall changes be authorized for the Administrative Salaries and Benefits line item that would result in that item exceeding ten percent (10%) of the grant award.

3. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid through Organized Retail Theft funding generated from the General Fund. The Grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability of sufficient funding granted through the passage of Senate Bill 154 (Chapter 43, Statutes of 2022), also known as the California Budget Act of 2022 . It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Grant Agreement does not appropriate sufficient funds for the program, this Grant Agreement shall be of no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement.

B. If Organized Retail Theft funding is reduced or falls below estimates contained within the Organized Retail Theft Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.

C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.

4. PROJECT COSTS
A. The Grantee agrees to comply with the BSCC Grant Administration Guide requirements as posted on the BSCC website (currently the BSCC Grant Administration Guide July 2020) including any updated version that may be posted during term of the grant Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS

agreement. BSCC will notify grantees whenever an updated version is posted. The BSCC Grant Administration Guide is available at:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ B. The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein. To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.

C. Grantee is responsible for ensuring that statements of expenditures submitted to the BSCC claim actual expenditures for eligible project costs.

D. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.

E. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose.

Violations can result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.

5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.

B. At such time as the balance of state funds allocated to the Grantee reaches fiv e percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.

D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.

7. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS

On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

8. PROJECT BUDGET
BSCC Budget Line Item A.

Grant Funds

1. Salaries and Benefits $0

2. Services and Supplies $0

3. Professional Services or Public Agency Subcontracts $0

4. Non-Governmental Organization (NGO) Subcontracts $0

5. Data Collection and Evaluation $0

6. Equipment/Fixed Assets $0

7. Financial Audit (Up to $25,000) $0

8. Other (Travel, Training, etc.) $0

9. Indirect Costs $0
TOTALS $0

Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. This obligation shall survive any termination of this agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post -consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractor s shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractor s shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 ( https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language) are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bi d, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of g oods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body 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. Sec. 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, materials, or services by the bidder for sale to the purchasing body pursuant to the bid.

Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less t he expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)

A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Gov. Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

EXHIBIT D: SPECIAL TERMS AND CONDITIONS

1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC is solely for the purpose of proper administration of grant funds, and shall not be deemed to relieve or restrict the Grantee’s responsibility.

B. Grantee is responsible for the performance of all project activities identified in Attachment 1: Organized Retail Theft Grant Program Request for Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal.

C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.

2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.

B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: Organized Retail Theft Grant Program Request for Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.

C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.

3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.

B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

EXHIBIT D: SPECIAL TERMS AND CONDITIONS

C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the ARG Rehabilitation of Existing Property or Building Project RFP and described in Appendix B.

D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.

E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement, and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.

4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant of the project.

5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.

Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

EXHIBIT D: SPECIAL TERMS AND CONDITIONS

B. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.

6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, c
riminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:

1. deb arred by any federal, state, or local government entities during the period of debarment; or

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.

Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.

BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Appendix E of the original Proposal Package).

7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in the Attachment 1: Organized Retail Theft Grant Program Request for Proposals and Attachment 2: Organized Retail Theft Grant Program Grant Proposal. Changes shall not be implemented by the project until authorized by the BSCC.

8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

EXHIBIT D: SPECIAL TERMS AND CONDITIONS

material and substantial breach of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1: Organized Retail Theft Grant Program Request for Proposals and Attachment 2: Organized Retail Theft Grant Program Grant Proposal, or approved modifications;
3) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.

B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 9.

Settlement of Disputes.

9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee’s written demand shall be fully supported by factual information. The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30- day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.

B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement.

Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.

Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

EXHIBIT D: SPECIAL TERMS AND CONDITIONS

C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a fin al decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.

D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.

10. UNION ACTIVITIES
For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that applicability of Government Code §§16654 through 16649 to this Grant Agreement and agrees to the following:

A. No State funds received under the Grant Agreement will be used to assist, promote or deter union organizing.

B. Grantee will not, for any business conducted under the Grant Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promot e or deter union organizing, unless the State property is equally available to the general public for holding meetings.

C. If Grantee incurs costs or makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no reimbursement from State funds has been sought for these costs, and that Grantee shall provide those records to the Attorney General upon request.

11. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.

Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

Organized Retail Theft Grant Program
Scoring Panel Roster
Member Title Organization

Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

APPENDIX B: Criteria for Non-Governmental Organizations Receiving BSCC Funds The Organized Retail Theft Grant Program Request for Proposals (RFP) includes requirements that apply to non- governmental organizations (NGOs) 1 providing services with grant funds. Grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving funds. The RFP describes these requirements as follows:

Any non-governmental organization that receives Organized Retail Theft Grant Program Grant funds (as either a subgrantee or subcontractor) must:
• Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its fiscal agreement with the BSCC or with the Organized Retail Theft Grant Program grantee;
o Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six (6) month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the grantee subcontractor fiscal agreement; • Be registered with the California Secretary of State’s Office, if applicable; • Have a valid Employer Identification Number (EIN) or Taxpayer ID (if sole proprietorship); • Have a valid business license, if applicable;
• Have no outstanding civil judgments or liens;
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and • Have a physical address within California. (An agent for service of process with a California address is insufficient.)

Completing the NGO Assurance (Following Page)

1. Provide the name of the Applicant Agency (the Grantee),

2. List all contracted parties (if known),

3. C
heck Yes or No to indicate if each contracted part meets the requirements

4. Sign and Submit to the BSCC

NOTE: If the name of the contracted party is unknown or if there will be no contracted parties. Write N/A in the “Name of Contracted Party” field and sign the document.

1 For the purposes of this RFP, NGOs include nonprofit and for-profit community-based organizations, faith-based organizations, evaluators (except government institutions such as universities), grant management companies, and any other non-governmental agency or individual.

Redlands Regular Meeting of 06-06-2023

Grantee Name
BSCC XXX-23

Provide your agency name and in the table list information for all contracted parties.

Grantee:

*Grantees are required to update this list and submit it to BSCC any time a new third- party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the RFP. The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.

A signature below is an assurance that all requirements listed above have been met.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER

STREET ADDRESS CITY STATE ZIP CODE

EMAIL ADDRESS

SIGNATURE DATE
X

Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Redlands Regular Meeting of 06-06-2023

1 I:\cmo\Resolutions\8478 - Organized_Retail_Theft_Grant_Reso.docx - AE RESOLUTION NO. 8478

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

AUTHORIZING THE APPLICATION TO AND PARTICIPATION IN THE

ORGANIZED RETAIL THEFT PREVENTION GRANT PROGRAM

FUNDED BY THE BOARD OF STATE AND COMMUNITY

CORRECTIONS, AND IF AWARDED, AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO EXECUTE ANY SUBSEQUENT

FUNDING AGREEMENT

WHEREAS, the City of Redlands desires to participate in the Organized Retail Theft Prevention Grant Program funded through the State Budget Act and administered by the Board of State and Community Corrections (hereafter referred to as the “BSCC”); and

WHEREAS, that the Chief of Police be authorized on behalf of the Redlands City Council to submit the grant proposal for this funding and sign the Grant Agreement with the BSCC, including any amendments thereof; and

WHEREAS, that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

NOW, THEREFORE, THAT THE CITY OF REDLANDS AGREES TO ABIDE BY THE

TERMS AND CONDITIONS OF THE GRANT AGREEMENT AS SET FORTH BY THE BSCC.

ADOPTED, SIGNED AND APPROVED this ______ day of ________, 2023.

________________________
Eddie Tejeda, Mayor

ATTEST:

____________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 06-06-2023

2 I:\cmo\Resolutions\8478 - Organized_Retail_Theft_Grant_Reso.docx - AE

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

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 06-06-2023

City Council/Successor Agency Meeting J. 20.

DATE: 06/06/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Direct staff to issue a request for proposals for professional services to design a BMX pump track (Assistant City Manager Boatman)
MOTION(S):

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

I move to direct staff to solicit proposals for professional services for the design of a BMX pump track.

RECOMMENDATION:

Commission Recommendation
On March 9, 2023, the Parks and Recreation Advisory Commission unanimously recommended that the City Council direct staff to issue a request for proposal for the design of a BMX pump track and appropriate the necessary funding to pay for the design from the Palmetto Grove Undesignated Parks funds.

DISCUSSION:

Over the past year, the Commission has reviewed and considered many potential projects and created a priority list. The addition of a BMX pump track at Sylvan Park, adjacent to the skate park, has been determined as their top priority development project and the Commission voted to recommend proceeding with design. The BMX pump track will complement the skate park and provide an additional amenity to the park and the City, utilizing an underdeveloped portion of Sylvan Park just east of the current skate park.

A pump track is a circuit of rollers, banked turns, and features designed to be ridden completely by riders "pumping," generating momentum by up and down body movements, instead of pedaling or pushing. They were originally designed Redlands Regular Meeting of 06-06-2023

body movements, instead of pedaling or pushing. They were originally designed for the mountain bike and BMX scene but can also accommodate skate boards, scooters, and other equipment. Pump tracks are relatively simple to use and cheap to construct, and cater to a wide variety of rider skill levels.

Based on a review of similar designs from nearby cities, the cost for design plans is estimated at $100,000. The Commission is recommending that funding for the design be appropriated from the Palmetto Grove proceeds. If the City Council concurs with the Commission's recommendation, staff will solicit proposals.

ALTERNATIVES:

City Council may vote not to approve the solicitation of proposals or direct staff accordingly.

STRATEGIC PLAN:

Priority A: Quality of Life
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: 2023-24
Revenue Generating: No
Appropriation Required Y/N: N
Budgeted Y/N: N
Account No.: 101303
Discussion:

The remaining available funds within the un-appropriated Nevada Palmetto Grove proceeds fund is $708,913.00.

Redlands Regular Meeting of 06-06-2023

Attachments
Proposed Location Exhibit
March 9th PRC Minutes
Redlands Regular Meeting of 06-06-2023

Proposed Location

N UNIVERSITY ST

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Copyright nearmap
Track Location
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0 60 120
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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.

April 12, 2023
.

Redlands Regular Meeting of 06-06-2023

CITY OF REDLANDS

PARKS & RECREATION ADVISORY COMMISSION

MINUTES

DOUGLAS GONZALES, CHAIRMAN

ROY CENCIRULO, COMMISSIONER ADAM HEBDEN, VICE-CHAIR

JOANNE LESSARD, COMMISSIONER SCOTT CARLSON, COMMISSIONER

JUSTIN WEEKLEY, COMMISSIONER NIKITA JOS, STUDENT COMMISSIONER

The following information comprises the minutes for a regular meeting of the Parks & Recreation Advisory Commission to be held at 4:30 p.m. on Thursday, March 9, 2023, in the City Council Chambers, 35 Cajon Street, Suite #2.

1. CALL TO ORDER – Attendance. All commissioners were present.

2. PUBLIC COMMENTS
No general public comment was received. Staff requested a late breaking item be added to the agenda which was motioned by Vice-chair Gonzales, seconded by Commissioner Cencirulo, approved unanimously.

3. ELECTION OF OFFICERS
A. Douglas Gonzales was elected to the position of Chairman. Adam Hebden was elected to the position of Vice- chair.

4. APPROVAL OF MINUTES
A. The minutes of the February 9 th,2022, meeting were approved on a motion by Commissioner Carlson, and seconded by Commissioner Weekley. Motion carried unanimously.

5. STATUS REPORTS
A. Individual Commissioner park reports
a. Commissioner Lessard gave a report on the erosion at Oakmont Park and Centennial Park . Chair Gonzales reported the rain has helped the grass at Community Park.

B. FCS staff report on Recreation and Park activities
a. Shawn McIntosh gave an update on the upcoming service club day . Erik Reeves gave an update on improvements at Centennial Park. Don Craw gave and update on Recreation class offerings and Market Morning.

C. Student Commissioner report
a. Student Commissioner Jos gave an update on the parks application.

D. RUSD Liaison report
a. Michele Rendler gave an update on the RUSD Superintendent leaving and a movie which will be showing at Harkins Theater as well as testing which will be starting.

6. OLD BUSINESS
A. Discussion and possible action regarding the Parks and Recreation priority list a. No action was taken on this item.

B. Discussion and possible action regarding the Approved Vendors for Downtown’s Morning Market Spring Season a. Joe Bierma read written public comments from Linda Summers, Joshua Mardigian, and James Furdui. After discussion, a motion was made by Vice-chair Hebden, seconded by Commissioner Lessard to have staff contact the people who submitted written public comment.

7. NEW BUSINESS
A. Discussion and possible action regarding a recommendation to City Council to direct staff to prepare and put out a Request for Proposals (RFP) for the design of a BMX pump track and allocate the required funds from the Nevada Palmetto Grove fund
Redlands Regular Meeting of 06-06-2023

a. After discussion, a motion to recommend issuing an RFP for, and funding the design of, the BMX pump track was made by Commissioner Weekley, second by Commissioner Carlson, approved unanimously.

B. Discussion and possible action regarding a recommendation to City Council to approve security fencing installation at the Sewell Theater within Prospect Park and allocate up to $140,000 in funding from the Nevada Palmetto Grove Fund
a. After discussion, a motion to table this item and bring it back with more options was made by Commissioner Weekley, second by Chair Gonzales, approved unanimously.

C. Discussion and possible action regarding the scheduling of Brown Act training with the City Attorney at a future or special meeting
a. After discussion, Chair Gonzales motioned to call a special meeting on April 13 th, 2023, at 3:30 pm, in the
Council Chambers to allow the City Attorney to conduct a Brown Act training. Second by Commissioner Weekley, approved unanimously.

D. Selection of Community Center Mural Subcommittee members a. Motion to appoint Chair Gonzales, Vice-chair Hebden, and Commissioner Carlson by Chair Gonzales.

Seconded by Commissioner Weekley, approved unanimously.

8. POSSIBLE AGENDA ITEMS FOR NEXT MEETING

● Oakmont Park improvement plans
● Market Morning update
● Measure T funds for parks
● Commissioner handbook
● Santa Ana River Trail update
● Field maintenance update

9. ADJOURNMENT TO SPECIAL MEETING on Thursday, April 13, 2023, at 3:30 P.M.

Redlands Regular Meeting of 06-06-2023

City Council/Successor Agency Meeting J. 21.

DATE: 06/06/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a request for in-kind support in the amount of $30,000 related to the 2023 Summer Music Festival event hosted by the Redlands Bowl Performing Arts 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 this request is appropriate, the following motions are provided:

I move that the City Council determine that approval of the 2023 Summer Music Festival event is categorically exempt from environmental review pursuant to Section 15301 of the state's guidelines implementing the California Environmental Quality Act; and

1. I move to approve a request for in-kind support in the amount of $30,000 related to the 2023 Summer Music Festival event hosted by the Redlands Bowl Performing Arts.

2. RECOMMENDATION:

Staff recommends that the City Council approve the request for in-kind support 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.

DISCUSSION:

The Facilities and Community Services Department issues permits for special events to be held in public areas of the City. Upon issuance of a special event permit, the event may take place contingent on the event organizer paying the required fees. The City recognizes the value of partnering with non-profit agencies and organizations to provide services beneficial to the community. In an effort to provide support for programs that provide a community benefit, the City Council will, from time to time, consider the Redlands Regular Meeting of 06-06-2023

authorization of in-kind support including the use of city resources and facilities in support of a special event. The Redlands Bowl Performing Arts (RBPA) is planning its 2023 season of the Redlands Bowl Summer Music Festival.

The concerts are scheduled to take place between June 24, 2023, and August 26, 2023, from the hours of 6:30 p.m. to 10:30 p.m. The anticipated attendance for the 2023 Summer Music Festival season is approximately 100,000 visitors from Redlands and surrounding areas. On January 16, 2007, the City Council approved a lease agreement with RCMA, now RBPA, for the exclusive use of the Redlands Bowl and Prosellis for their summer performances. RBPA is requesting in-kind support consisting of two sworn police officers during each of their 22 concerts. The RBPA is a registered 501(c)(3) non-profit organization operating out of the City of Redlands. Similar requests have been approved by the City Council for past events. Furthermore, this event has been determined to be categorically exempt from the requirements of the 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 may deny the request for in-kind support or provide alternative direction to staff.

STRATEGIC PLAN:

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

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

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

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

Michelle Groenke, Administrative Assistant
Redlands Regular Meeting of 06-06-2023

Fiscal Impact
Fiscal Year: 2023-2024
Discussion:

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

Departmental Charges
(Personnel & Equipment)
2023 Amount Type 2022 Amount
Police Personnel1 30,000.00 Hard Cost $19,824.00
Personnel & Equipment Subtotal $30,000.00 $19,824.00

Fees Established by City Council
Resolution

N/A
Fees Subtotal N/A N/A

Total Departmental Charges and Fees $30,000.00 (hard)
$0.00 (soft)
$30,000.00
(Total)
$19,824.00

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 in-kind support approved for events scheduled during Fiscal Year 2023-24 to date:

TABLE 2: FY 2023-24 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
In-kind support
Amount
Net
Amount
$3,920.00 $4,018.00 $0 $7,938.00 $7,938.00

Redlands Regular Meeting of 06-06-2023

Attachments
In-kind Request
Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

City Council/Successor Agency Meeting J. 22.

DATE: 06/06/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a three-party agreement with R3 Consulting Group, Inc. and Colantuono, Highsmith & Whatley, PC for the review of the current solid waste rate structure and feasibility study for an amount not-to-exceed $89,375 (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 a three-party agreement with R3 Consulting Group, Inc. and Colantuono, Highsmith & Whatley PC for the review of the current solid waste rate structure and feasibility study for an amount not-to-exceed $89,375.

RECOMMENDATION:

Staff recommends that City Council approve the agreement for the review of the current solid waste rate structure and feasibility study for an amount not-to-exceed $89,375.

DISCUSSION:

The City of Redlands Facilities and Community Services Department Solid Waste Division operates automated refuse, recycling, green waste, and organic waste collection for residential and commercial residents. The solid waste budget includes all expenses associated with providing solid waste collection and disposal services, which are solely funded through revenues collected from solid waste customers. The City sets the solid waste rates at the amount anticipated to be sufficient to fund the costs of providing services. Periodically, an evaluation of these rates is necessary for developing financial projections and enterprise fund rate models in support of developing short-to mid-term financial plans.

Redlands Regular Meeting of 06-06-2023

In 2017, the City Council approved a solid waste rate adjustment over the span of three years. Since the last solid waste rate adjustment, it has been determined that a study of the current solid waste rates is necessary to identify if the current rate structure will support current and future needs alongside current and future legislative impacts and recommend a financial forecast. The rate study will evaluate alternatives and modifications to the existing rate structure in order to improve and meet City objectives.

This evaluation intends to accurately forecast and justify expense and rate revenue needs, protect ratepayers by minimizing necessary rate increases, and comply with regulatory state mandates and related legislation such as SB 1383 and Prop 218. In addition, it provides for the ongoing sustainability of its critical solid waste operations, which include, but are not limited to, equipment replacement and landfill expansion.

City staff issued a request for proposals (RFP) in accordance with the City’s procurement policy. A total of two firms responded and their bids were received.

The proposals received include the schedule, budget, and hourly rate for the review of the current rate structure and feasibility study. A list of the proposed firms is as follows:

Firm Name Responsive
Proposer
Responsible
Proposer
Cost
Proposal
R3 Consulting
Group
X X X
MSW
Consultants
X X X
A selection committee reviewed and ranked each organization based on their demonstrated competence and professional qualifications deemed necessary for the satisfactory performance of the services required. R3 Consulting Group, Inc., is deemed the most qualified firm based on their demonstrated qualifications and prior experience with the City to satisfactorily meet the needs of the services required. Staff is recommending that City Council approve an agreement with R3 Consulting Group, Inc. for an amount not-to-exceed $89,375.

Although these consulting services are to be paid for by City, it is appropriate that such services be contracted with the City’s outside municipal finance counsel, Colantuono, Highsmith & Whatley PC so that the City’s attorney-client privileges may be retained and the Attorney’s work-product may be protected.

Redlands Regular Meeting of 06-06-2023

ALTERNATIVES:

City Council may elect not to approve the agreement and provide alternate direction to staff.

STRATEGIC PLAN:

Supports Priority D: Sustainability.

SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

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

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

Nathalie Ayala, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2022-23
Amount: 89,375
Budgeted Y/N: Y
Account No.: 511900.6106
Discussion:

Sufficient funding for this service is included in the Solid Waste Division's budget for Fiscal Year 2022-2023 as approved by City Council.

Attachments
Agreement with R3 Consulting Group and Colantuono, Highsmith & Whatley Redlands Regular Meeting of 06-06-2023

1 I:\cmo\Agreements\R3 Rate Structure FY22-0165.docx - AE

PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTANT SERVICES
(Colantuono, Highsmith & Whatley, P.C. / City of Redlands / R3 Consulting Group, Inc)

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and among Colantuono, Highsmith & Whatley, PC, a California professional corporation (“Attorney”), the City of Redlands, a California municipal corporation (“City”), and R3 Consulting Group, Inc., a California corporation (“Consultant”).

2. RECITALS

2.1 Attorney represents City , which has determined that it requires the following professional services from a consultant: review of the current solid waste rate structure and feasibility study for City. Although these consulting services are to be paid for by City, it is appropriate that such services be contracted through Attorney so that the City ’s attorney-client privileges may be retained and the Attorney’s work-product may be protected.

2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees . Consultant further represents that it is willing to accept responsibility to perform such services in accordance with this Agreement.

2.3. Consultant represents that it has no known relationships with third parties, City council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, Attorney, City, and Consultant agree as follows:

3. DEFINITIONS

3.1 “ Scope of Services ”: Such professional services as are set forth in Exhibit A attached hereto and incorporated herein by this reference.

3.2 “ Agreement Administrator”: The Agreement Administrator for this project is Chis Boatman, Assistant City Manager . The Agreement Admini strator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of ser vices Redlands Regular Meeting of 06-06-2023

2 I:\cmo\Agreements\R3 Rate Structure FY22-0165.docx - AE and any interim milestones. Attorney and City reserve the right to change this designation upon written notice to Consultant.

3.3 “ Approved Fee Schedule”: Consultant’s compensation rates are set forth in Exhibit B, attached hereto and incorporated by reference herein. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.4 “ Maximum Amount ”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is $89,375.

3.5 “ Commencement Date”: June 6, 2023.

3.6 “Expiration Date” : June 6, 2024

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the parties or terminated earlier in accordance with Section 16 ( “Termination”) below.

Consultant may request extensions of time to perform the services required hereunder.

Such extensions shall be effective if authorized in advance by Attorney and City in writing and incorporated in written amendments to this Agreement.

5. CONSULTANT’S DUTIES

5.1 Services. Consultant shall perform the services identified in the Scope of Services.

Attorney and City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement and signed by all parties.

5.2 Coordination with Attorney and City . In performing services under this Agreement, Consultant shall coordinate all contact with Attorney and City.

5.3 Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant ’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.

5.4 [ Reserved].

5.5 Professional Standards. Consultant shall perform all work to the highest standards of Consultant ’s profession. Consultant shall comply with all applicable federal, state, and local laws and regulations. Consultant shall keep itself fully informed of Redlands Regular Meeting of 06-06-2023

3 I:\cmo\Agreements\R3 Rate Structure FY22-0165.docx - AE and in compliance with all local, state, and federal laws, rules, and regulatio ns in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict-of-interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

5.6. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, Atto rney and City may consent in writing to Consultant’s performance of such work.

5.7. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Garth Schultz shall be Consultant ’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement.

No change shall be made in Consultant’s project administrator without Attorney’s and City’s prior written consent.

5.8. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the Attorney and City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of Attorney and City.

If the parties cannot agree as to the substitution of key personnel, Attorney may terminate this Agreement for cause.

5.9. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant ’s performance of this Agreement. This includes, but shall not be limited to, professional licenses.

5.10. Notification of Organizational Changes. Consultant shall notify the City , with copy to Attorney, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.

5.11. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to Attorney and/or City under this Agreement for a minimum of three years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of Attorney. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000, all such documents and this Agreement shall be subject to the examination and audit Redlands Regular Meeting of 06-06-2023

4 I:\cmo\Agreements\R3 Rate Structure FY22-0165.docx - AE of the State Auditor, at the request of Attorney or as part of any audit of City, for a period of three years after final payment under this Agreement.

6. SUBCONTRACTING

6.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

6.2. Consultant Responsible. Consultant shall be responsible to Attorney and City for all services to be performed under this Agreement.

6.3. Identification in Fee Schedule. Any subcontractors shall be specifically listed and their billing rates identified in Exhibit B. Any changes must be approved by Attorney and City in writing as an amendment to this Agreement.

6.4. Compensation for Subcontractors. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. Attorney and City shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.

7. COMPENSATION

7.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Scope of Services in full satisfaction for such services. Compensation shall not exceed the Maximum Amount for the Scope of S ervices specified in Exhibit A . Consultant shall be reimbursed for only those expenses as set forth in Exhibit B.

7.2. Invoices. Consultant shall submit to City , with a copy to Attorney, an invoice, on a monthly basis or as otherwise agreed to by the Attorney, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.

7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts reflected on an invoice submitted by Consultant.

Redlands Regular Meeting of 06-06-2023

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7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services except as set forth in Exhibit B.

Consultant shall not be reimbursed for any additional expenses unless prior written approval is given by the Attorney and City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the Attorney and City.

7.6. Attorney and City Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until Attorney and City conclude the services satisfy Section 5.5.

7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.

8. [ Reserved.]

9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. Notwithstanding anything the contrary, proprietary models used by or belonging to Consultant shall remain the sole property of Consultant and neither City nor Attorney shall disseminate the prop rietary models or use the proprietary models other than for purposes of using the services provided by Consultant unless otherwise required by law . If City or Attorney conclude that disclosure is legally required, they shall provide Consultant as much notice as is feasible to allow Consultant to seek judicial assistance in preventing the disclosure, but nothing shall require City or Attorney to seek that assistance, to resist any lawful order of a court, or otherwise fail in their legal obligations with respect to access to information of the City.

10. RELATIONSHIP OF PARTIES

10.1. General. Consultant is, and shall at all times remain as to Attorney and City, a wholly independent contractor.

10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of Attorney or City or otherwise to act on behalf of Attorney or City as an agent. Neither Attorney, City, nor any of its agents, shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

Redlands Regular Meeting of 06-06-2023

6 I:\cmo\Agreements\R3 Rate Structure FY22-0165.docx - AE

10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to Attorney or the City as an employer. Consultant shall not be entitled to any benefits. Attorney and City make no representation as to the effect of this independent contractor relationship on Consultant ’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers ’ compensation, and other applicable federal and state taxes.

10.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City , Consultant shall indemnify, defend, and hold harmless Attorney and City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontra ctors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. INDEMNIFICATION

11.1 Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “ City” shall include City , its officers, agents, employees and volunteers. “Attorney” shall include Colantuono, Highsmith & Whatley, P.C., its shareholders, agents, employees, and volunteers.

11.2 The parties agree that City , Attorney, and their respective officers, agents, employees and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys ’ fees, litigation costs, or any other cost arising out of Consultant’s negligent performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to City and to Attorney. Consultant acknowledges that City and Attorney would not enter into this Agreement in the abs ence of Consultant’s commitment to indemnify and protect City and Attorney as set forth herein.

11.3 Consultant to Indemnify City and Attorney. To the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City and Attorney, and their respective officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any intentional, reckless, or negligent acts, errors or omissions of Consultant or any of its officers, employees, Redlands Regular Meeting of 06-06-2023