Agenda packet — Redlands City Council, October 3, 2023 (part 3 of 3)

b. A provision which reads substantially as follows: "[The CC&Rs] shall be covenants running with the land, and sh all, in any event, and without regard to technical classification or designation, legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit and the favor of, and enforceable by the City of Redlands. Although the Ci ty of Redlands shall be a beneficiary of [the CC&Rs], and shall have a right to enforce [them], the City of Redlands shall not be obligated hereunder to exercise such rights of enforcement."

c. The project shall provide CC&Rs detailing the prohibition of re creational vehicle parking within side yards. Based on the requirements of Section 18.144.160(B) of the Redlands Municipal Code.

d. CC&Rs shall detail the ownership and maintenance requirements for Lots A, through G, stating that the required open space areas for the project shall be owned and maintained by the Home Owners Association for the project in perpetuity.

30. All walls facing pu blic areas or existing development to be built using decorative (split - face or slump stone) block.

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31. Mitigation Measure BIO-1:

To ensure no impacts to San Bernardino kangaroo rat (SBKR) occur from Project implementation, the following measures shall be implemented prior to ground -disturbing activities:

1. A protocol focused trapping study for SBKR shall be conducted prior to ground - disturbing activities to determine the presence/absence of SBKR within the Project area and adjacent slope, consistent with the United States Fish and Wildlife Service’s (USFWS) approved Survey Protocol for Determining Presence of San Bernardino Kangaroo Rats and the California Department of Fish and Wildlife’s (CDFW) Memorandum of Understanding.

a. If no SBKRs ar e trapped on -site during the trapping study, the following avoidance and minimization measures shall be conducted prior to ground - disturbing activities.

i. The limits of the Project disturbance shall be clearly marked with flagging or similar means. All mech anized equipment shall remain within the designated limits of disturbance. Construction personnel shall strictly limit their activities, vehicles, equipment, and construction materials to the designated work area.

ii. All contractors and personnel involved i n the construction shall receive environmental awareness training. The training shall be developed in consultation with a biological monitor and consist of an on -site or training center presentation with supporting materials (i.e., photographs, pamphlets, slides). The training shall provide information about federally/State -listed species, special-status species, and sensitive habitats occurring within the vicinity of the proposed limits of disturbance (i.e., SBKR, and Riversidian Alluvial Fan Sage Scrub [RAFSS]).

iii. Immediately following the negative trapping results, a SBKR exclusion fence shall be installed around the proposed limits of disturbance. The exclusion fence shall be constructed to the following specification.

iv. An approximately 4 -foot-tall fence with 2 feet above ground and 2 feet below ground shall be installed around the entire disturbance area. The erect portion of the fencing shall be covered in a material that cannot be climbed or chewed through by SBKR.

v. A qualified biological monitor, with SBKR experience, shall be present during initial clearing and grubbing activities and on a regular basis to ensure the exclusion fence is effective. The biological monitor shall have the authority to halt any and all construction activities.

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13 I:\cmo\Resolutions\8516 TTLC Redland Texas St, LLC .docx-ms vi. The biologi cal monitor shall supervise the installation of the SBKR exclusion fence around the proposed limits of disturbance. The biological monitor shall ensure that no burrows are impacted by fence installation, by avoiding burrows within 5 meters, if any. The wil dlife agencies will be consulted if there are burrows within 5 meters of the fence to avoid take.

vii. The biological monitor shall inspect the exclusion fence before leaving the job site in the evening and repair any opening in the fencing as necessary to exclude SBKR.

viii. The biological monitor shall supervise the removal of the SBKR exclusion fence to ensure no SBKR burrows, if any, are impacted by fence removal.

ix. Construction activities shall be limited to daylight hours to the extent feasible. If nighttime work is necessary, lighting shall be shielded away from the Santa Ana River floodplain north of the proposed limits of disturbance. Fixtures shall be shielded t o downcast below the horizontal plane of the fixture height and mounted as low as possible.

x. All permanent lighting fixtures within the completed development shall be shielded and directed away from the RAFSS habitat on the Santa Ana River floodplain north of the proposed limits of disturbance.

b. If SBKR are trapped within the proposed limits of disturbance, Incidental Take Permits (ITPs) with the USFWS (Section 10 or Habitat Conservation Plan) and CDFW (Section 2081) shall be prepared and processed to al low for “take” authorization for SBKR and to mitigate for impacts to the species and loss of habitat. If SBKR are determined to be present, project construction shall not occur until “take” authorization and mitigation approval is received from the wildlif e agencies.

32. Mitigation Measure BIO-2:

Pre-construction surveys for burrowing owls on the Project site and in the surrounding area shall be conducted by a qualified biologist no more than 14 days prior to initiation of Project activities in accordance with guidelines identified by the CDFW 2012 Staff Report on Burrowing Owl Mitigation (State of California Natural Resources Agency, Department of Fish and Game, March 2012). If Project activities are delayed for more than 30 days (including the restarting of activities after Project/ground disturbing delays of 30 days or more), additional surveys shall be completed, including but not limited to a take avoidance survey within 24 hours of ground disturbance.

If burrowing owl(s) are not observed on site during any pre‐construction surveys, a letter shall be prepared by the qualified biologist documenting the results of the survey.

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33. Mitigation Measure BIO-3:

Nesting birds are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (Sections 3503, 3503.3, 3511, and 3513 of the California Fish and Game Code prohibit the take, possession, or destruction of birds, their nests o r eggs). In order to protect migratory bird species, a nesting bird clearance survey shall be conducted prior to any ground disturbance or vegetation removal activities that may disrupt the birds during the nesting season. Consequently, if avian nesting behaviors are disrupted, such as nest abandonment and/or loss of reproductive effort, it is considered “take” and is potentially punishable by fines and/or imprisonment.

If construction occurs between February 1 and August 31, a preconstruction clearance survey for nesting birds shall be conducted within three (3) days of the start of any vegetation removal or ground -disturbing activities to ensure that no nesting birds will be disturbed during construction. The biologist conducting the clearance survey sha ll document a negative survey with a brief letter report indicating that no impacts to active avian nests would occur. If an active avian nest is discovered during the pre -construction clearance survey, the biologist shall establish protective buffers surr ounding the nest site in which no disturbance activities shall occur until the nesting activity is completed and the nesting has either failed or the young have fledged. The size of the no -disturbance buffer shall be determined by the wildlife biologist and shall depend on the level of noise and/or surrounding anthropogenic disturbances, line of sight between the nest and the construction activity, type and duration of construction activity, ambient noise, species habituation, and topographical barriers. T hese factors shall be evaluated on a case -by-case basis when developing buffer distances. Limits of construction to avoid an active nest shall be established in the field with flagging, fencing, or other appropriate barriers; and construction personnel sha ll be instructed on the sensitivity of nest areas. A biological monitor shall be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. As noted above, once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, construction activities within the buffer area can occur.

34. Mitigation Measure CUL-1:

Prior to the issuance of a grading permit , the Applicant shall provide the Director of the City of Redlands Department of Development Services, or designee, with evidence that it has retained the services of a qualified archaeologist that meets the Secretary of the Interior standards on an on cal l basis. In the event that cultural resources are discovered during Project activities, all work in the immediate vicinity of the find (within a 100 -foot buffer) shall cease and the Project archaeologist shall assess the find and determine appropriate Redlands Regular Meeting of 10-3-23
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35. Mitigation Measure CUL-2:

If significant pre -contact and/or historic -era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the qualified archaeologist shall develop a Monitoring and Treatment Plan for the remainder of the Project site. The Monitoring and Treatment Plan shall be developed in coordination with the Applicant and th e City. The Applicant shall secure a monitoring agreement with the archaeologist prior to the recommencement of work, and the archaeologist shall monitor during the remainder of the ground disturbance activities on the Project site and implement the Plan accordingly.

36. Mitigation Measure TCR-1:

The Yuhaaviatam of San Manuel Nation (YSMN) Cultural Resources Department shall be contacted regarding any pre -contact cultural resources discovered during Project implementation, and be provided information regardi ng the nature of the find, so as to provide Tribal input with regards to significance and treatment. YSMN shall have the option of placing a tribal monitor on -site during ground -disturbing activities within previously undisturbed soil for the remainder of the Project.

37. Mitigation Measure TCR-2:

Any and all archaeological documents created as a part of the Project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the Applicant and Lead Agency for dissemination to Y SMN. The Lead Agency and/or Applicant shall, in good faith, consult with YSMN throughout the life of the Project.

38. Mitigation Measure GEO-1:

Prior to commencement of any grading activity on the Project site, the Applicant shall retain a qualified paleontologist, subject to the review and approval of the Director of the City of Redlands Department of Development Services, Planning Division, or d esignee.

The qualified paleontologist shall attend the pre-construction meeting and be on site during all rough grading and other significant ground -disturbing activities. In the event that paleontological resources (e.g., fossils) are unearthed during gra ding, the paleontology monitor shall temporarily halt and/or divert grading activity to allow recovery of paleontological resources. The area of discovery shall be roped off with a 50 -foot radius buffer. Once documentation and collection of the find is com pleted, the monitor shall remove the rope and allow grading to recommence in the area of the find. The paleontologist shall prepare a Paleontological Resources Impact Mitigation Program (PRIMP) for the proposed Project. The PRIMP shall be consistent with t he guidelines of the Society of Vertebrate Paleontology (SVP).

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Building and Safety Division Conditions of Approval

39. When the Entitlement Review is approved submit complete construction drawings including structural calculations, energy calculations and a soils report to Building and Safety for plan review in accordance with the current edition of the California Building and Fire Codes including all local ordinances and standards which are effective at the time of Plan Check Submittal.

40. An accessible path of travel to play area / play structures is required in accordance with the State of California and ADA regulations.

Facilities and Community Services Department

41. The City maintains a list of acceptable street trees by species, by street name, and by tree district, pursuant to RMC 12.52.050. Street trees for public streets adjacent to the project must be selected from this approved list. Private street trees shall match the approved preliminary landscape plans or as approved by the Director of Development Services.

Other City Departments/Divisions:

42. Conditions of Approval from the following City Departments/Divisions are applicable to the project, and are hereby incorporated by reference:

a. Land Use Engineering Division (Exhibit B)

_____________________
Brian Desatnik
Development Services Director

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EXHIBIT B

LAND USE ENGINEERING DIVISION

CONDITIONS OF APPROVAL

[ Attached ]

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RESOLUTION NO. 8517

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS FINDING THAT A PORTION OF EXCESS STREET RIGHT -OF-WAY THAT IS 1 FOOT IN WIDTH AND APPROXIMATELY 965 FEET IN LENGTH, AND TOTALING APPROXIMATELY 965

SQUARE FEET IN AREA, LOCATED ON THE EAST SIDE OF TEXAS STREET ALONG THE PROPERTY FRONTAGE TENTATIVE TRACT MAP NO. 20520 (APN: 0167-041-01- 0000) IS UNNECESSARY FOR PRESENT OR PROSPECTIVE STREET PURPOSES AND

ORDERING THE VACATION OF A PORTION OF SAID EXCESS RIGHT -OF-WAY (CITY OF REDLANDS STREET VACATION NO. 193)

WHEREAS, TTLC Redland Texas St , LLC , has submitted an application requesting vacation of a portion of excess street right-of-way that is one foot (1’) in width and approximately 965 feet in length, and totaling approximately 965 square feet in area, located on the east side of Texas Street along the property frontage Tentative Tract Map No. 20520 (APN: 0167-041-01- 0000), as more specifically described in Attachment “A”, which is attached hereto and made part hereto (the “Street Vacation”); and

WHEREAS, the City is authorized to vacate all or part of a public street easement within the City pursuant to Streets and Highway Code section 8300 et seq.; and

WHEREAS, pursuant to Streets and Highway Code section 8340, the City may, for public convenience and necessity, reserve and except public service easements from the Street Vacation; and

WHEREAS, at its meeting on August 8, 2023, as required by Government Code Section 65402, the Planning Commission made a determination that the Street Vacation conforms to the City’s General Plan; and

WHEREAS, on September 5, 2023 , the City Council of the City of Redlands adopted Resolution No. 8511 declaring its intention to vacate such portion of Texas Street, and set a public hearing date and time for the proposed Street Vacation; and

Recording requested by and
when recorded return to:

CITY CLERK'S OFFICE

CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
(THIS SPACE FOR RECORDER'S USE ONLY)
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WHEREAS, City staff has recommended that the proposed Street Vacation is exempt from environmental review under the California Environmental Quality Act (“CEQA”), pursuant to section 15061(b)(3) of the CEQA Guidelines for projects where there is no possibility of any environmental effects; and

WHEREAS, pursuant to Streets and Highways Code section 8320, the Redlands City Clerk published notice in a newspaper of general circulation , for two successive weeks prior to the hearing, and caused the posting of notices along the proposed Street Vacation two weeks prior to the date set for the public hearing, no more than 300 feet apart, with at least three notices posted; and

WHEREAS, on October 3, 2023, the City Council held a duly noticed public hearing on the Street Vacation and considered all verbal and written testimony provided by City staff and all interested persons.

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

Section 1. Approval of the Street Vacation is exempt from environmental review in accordance with the California Environmental Quality Act (“CEQA”), pursuant to section 15061(b)(3) of the State’s CEQA Guidelines because, based on the information in the staff report and presented at this hearing, it can be seen with certainty that the approval of the Street Vacation will have no physical effect on the environment.

Section 2. The City Council having elected to proceed under the provisions of Streets and Highways Code Section 8300 et seq., and having held a public hearing as provided therein, finds from all evidence submitted that the Street Vacation is unnecessary for present or prospective public use, and that the public interest and convenience require the Street Vacation.

Section 3. Pursuant to Streets and Highways Code Section 8340, the City reserves and excepts from the Street Vacation a permanent easement for in -place and future public utility facilities.

Section 4. Pursuant to Streets and Highways Code section 892, the portion of the Street Vacation to be vacated is not useful as a non-motorized transportation facility.

Section 5. Pursuant to Streets and Highways Code section 8325, the City Clerk is hereby directed to cause a certified copy of this resolution to be recorded in the official records of the county of San Bernardino.

SIGNATURES ON NEXT PAGE
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ADOPTED, SIGNED AND APPROVED this 3rd day of October, 2023.

Eddie Tejeda, Mayor

ATTEST:

Jeanne Donaldson, City Clerk

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I, Jeanne Donaldson, City Clerk of the City of Redlands hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof, held on the 3rd day of October, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Jeanne Donaldson, City Clerk
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5 \\files\dept\CMO\cmo\Resolutions\8517 Street Vacation No 193.docx-ms Attachment A
Street Vacation No. 193
Legal Description and Plat Map

[Attached]

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R314568.01
7-21-2023

REVISED
7-28-2023
EXHIBIT "A"

LEGAL DESCRIPTION
STREET VACATION NO. 193

That portion of the Northwest Quarter of Section 15, Township 1 South, Range 3 West, San Bernardino Meridian, in the City of Redlands, County of San Bernardino, State of California, according to the official plat thereof, described as follows:

Beginning at the intersection of a line being parallel with and 32.00 feet Easterly of the Westerly line of said Northwest Quarter and the Northerly line of the land described in that certain Grant Deed recorded January 6, 2016, as Instrument No. 2016-0004616, of Official Records in the office of the County Recorder of said County, shown as having a bearing and distance of "N89°57'14"W 683.39' " on Tract Map No. 18988, in said City of Redlands, as shown on the map filed in Book 346, Pages, 19 through 28, inclusive, of Maps, in said office of the County Recorder; thence along said parallel line North 00°16'41" West 862.77 feet and North 00°17'59" West 96.73 feet to the beginning of a curve concave Easterly, having a radius of 35.00 feet; thence leaving said parallel line Northerly 8.40 feet along said curve through a central angle of 13°44'54" to a line being parallel with and 33.00 feet Easterly of said Westerly line; thence non-tangent along said parallel line South 00°17'59" East 105.05 feet and South 00°16'41" East 862.78 feet to said Northerly line; thence leaving said parallel line along said Northerly line South 89°57'14" West 1.00 feet to the Point of Beginning.

Containing an area of 965 square feet, more or less.

Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of record.

All as shown on Exhibit "B" attached hereto and by this reference made a part hereof.

___________________________________
DAVID W. MACKEY, PLS 8912

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Δ=13°44'54"
R=35.00'
L=8.40'
N76°34'14"W
RAD
(N00°17'59"W) N00°17'59"W 105.05'
N00°17'59"W 96.73'
W'LY LINE NW 1/4 SEC 15
N00°16'41"W 862.77'
(N00°16'41"W) N00°16'41"W 862.78'

C TEXAS STREETL
1'
32'
33'
P.O.B.

N'LY LINE
2016-0004616 O.R.

N89°57'14"E

1.00'
965 SQ.FT.
(N89°57'14"W 683.39')

R/W TEXAS ST

R/W TEXAS ST
1/4 CORNER SEC 15
452.50'
Q:\R314568.01\CADD\MAPPING\DWG\EX\31456801JEX01.DWG
REVISED: 7-28-2023

AINROFILACFOETATS

ROYEVRUSDNALLANOISSE
PROF
NO. 8912
DAVID W . MACKEY

APPROVED BY
2603 Main Street, Suite 400
Irvine, California 92614
949.988.5815
www.huitt-zollars.com
OF 11SHEET
SCALE:

DRAWN BY: PAA
1" = 20'
REVIEWED BY: DWM
JOB NUMBER: R314568.01

EXHIBIT 'B'

STREET VACATION
NO. 193

SKETCH TO ACCOMPANY

A LEGAL DESCRIPTION
7/28/23
(XXX) INDICATES RECORD
DATA PER TR. NO. 18988
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City Council/Successor Agency Meeting M. 1.

DATE: 10/03/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the Professional Services Agreement with RHA Landscape Architects-Planners, Inc., for development of the City's Parks Master Plan for an amount not to exceed $248,890 and determination that approval of the agreement is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines (Facilities and Community Services Director Crocker)
MOTION(S):

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

I move that the City Council find that approval of a Professional Services Agreement with RHA Landscape Architects-Planners, Inc. for the development of the City's Parks Master Plan is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines; and

1. I move that the City Council approve the Professional Services Agreement with RHA Landscape Architects-Planners, Inc. for the development of the City's Parks Master Plan in an amount not to exceed $248,890.

2. RECOMMENDATION:

Staff recommends that the City Council find that approval of a Professional Services Agreement with RHA Landscape Architects-Planners, Inc. for the development of the City's Parks Master Plan is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines. Staff further recommends that City Council approve the Professional Services Agreement with RHA Landscape Architects-Planners, Inc. for the development of the City's Parks Master Plan for an amount not to exceed $248,890.

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DISCUSSION:

On April 1, 2021, with the implementation of the Measure T sales tax ordinance, project funding was added to the City's budget for Fiscal Year 2022-2024 to the areas of Public Safety, Parks and Recreation, Library, Street Repairs and Paving, and Storm Drains. In order to efficiently and effectively utilize the funds allocated to Parks and Recreation facilities in the coming years, the development of a Parks Master Plan was deemed a priority.

The Parks Master Plan will seek to develop a strategy and roadmap for renovations, improvements, expansion and new development of parks throughout the City for the next 7-10 years. The City currently has approximately 253.4 acres of parkland consisting of 18 established parks that will be incorporated and assessed within the Plan. The development of the Parks Master Plan will be a 12-18 month process, and involve community engagement, asset analysis, needs assessment, priority development, CIP plan, and more. It will also assist to unify the efforts of the city and best utilize the available resources to support community needs.

In May 2023, staff advertised a Request for Proposal for the development of a Parks Master Plan and three responsive proposals were received. A selection committee reviewed and ranked each organization in accordance with the City's procurement policy. Based on these evaluations, RHA Landscape Architects-Planners, Inc., was selected as the most highly qualified firm, based on their demonstrated competence and professional qualifications deemed necessary for the satisfactory performance of the services required.

ALTERNATIVES:

City Council may elect not to approve the agreement and direct staff accordingly.

STRATEGIC PLAN:

Priority A - Quality of Life
SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:

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

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

Joe Bierma, Administrative Analyst
Fiscal Impact
Fiscal Year: 2023-2024
Appropriation Required Y/N: No
Amount: $248,890
Budgeted Y/N: Yes
Account No.: 101303-8501
Discussion:

The funding for the development of the Parks Master Plan will come from Measure T funds budgeted in the Parks Division for FY 2023-24. The total allocation for the development of the Parks Master Plan is $273,779.00 ($248,890 plus 10% contingency).

Attachments
RHA Landscape Architects-Planners, Inc. Agreement
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AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This agreement for parks master plan development services (“Agreement”) is mad e and entered in this 3rd day of October, 2023 (“Effective Date”), by and between the City of Redlands, a mun icipal corporation (“City ”) and RHA Landscape Architects -Planners, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONSULTANT

1.1 City hereby engages Consultant to provide parks master plan development services for City (the “Services”).

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

ARTICLE 2 – SERVICES OF CONSULTANT

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

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

ARTICLE 3 – RESPONSIBILITIES OF CITY

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

ARTICLE 4 – PERFORMANCE OF SERVICES

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

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

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ARTICLE 5 – PAYMENTS TO CONSULTANT

5.1 Compensation:

Total compensation for the Consultant’s performance of the Services shall not exceed the amount of Two Hundred and Forty -eight Thousand Eight Hundred and Ninety Dollars ($248,890). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit “B,” titled Fee Schedule” which is attached hereto and incorporated herein by reference.

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

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

CITY: CONSULTANT:

City Clerk Doug Grove, President
City of Redlands RHA Landscape Architects-Planners, Inc. 35 Cajon Street 6840 Indiana Avenue, Ste. 100
P.O. Box 3005 (mailing) Riverside, CA 92506
Redlands, CA 92373 [email protected]
[email protected] Phone: 951-781-1930
Phone: (909) 798-7531

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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

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3 I:\cmo\Agreements\RHA Landscape Architects-Planners Inc Agreement FY22-0263.docx-ms A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers’ compensation laws of the State of California. Consultant shall execute and provide City with Exhibit “ C,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

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

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

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

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

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

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4 I:\cmo\Agreements\RHA Landscape Architects-Planners Inc Agreement FY22-0263.docx-ms ARTICLE 7 – CONFLICTS OF INTEREST

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

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

A. Does not make a governmental decision whether to:

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

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

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

ARTICLE 8 – GENERAL CONSIDERATIONS

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

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

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

8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed S ervices, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination.

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

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

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

8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same Redlands Regular Meeting of 10-3-23
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement.

CITY OF REDLANDS RHA Landscape Architects-Planners, Inc.

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor. Doug Grove, President

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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7 I:\cmo\Agreements\RHA Landscape Architects-Planners Inc Agreement FY22-0263.docx-ms EXHIBIT "A"

SCOPE OF SERVICES

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EXHIBIT “B”

FEE SCHEDULE

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FEE SCHEDULE

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16 I:\cmo\Agreements\RHA Landscape Architects-Planners Inc Agreement FY22-0263.docx-ms EXHIBIT “C”

WORKERS’ COMPENSATION INSURANCE CERTIFICATION

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

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

CHECK ONE

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

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

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

By: Date: ___________________
Doug Grove, President
RHA Landscape Architects-Planners, Inc.

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City Council/Successor Agency Meeting M. 2.

DATE: 10/03/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the agreement with Quinn Company, LLC for maintenance and service of heavy-duty off-road equipment in an amount not-to-exceed $280,000 for the initial term through Fiscal Year 2023-24, with the option to extend by two additional one-year terms for a total amount not-to-exceed $840,000 (Facilities and Community Services Director Crocker)
MOTION(S):

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

I move to approve an agreement with Quinn Company, LLC for the maintenance and service of heavy-duty off-road equipment in an amount not-to-exceed $280,000 for the initial term through Fiscal Year 2023-24, with the option to extend by two additional one-year terms for a total amount not-to-exceed $840,000.

RECOMMENDATION:

Staff recommends that the City Council approve an agreement with Quinn Company, LLC for the provision of maintenance and service for heavy-duty off-road equipment in an amount not-to-exceed $280,000 for the initial term through Fiscal Year 2023-24, with the option to extend by two additional one-year terms for a total amount not-to-exceed $840,000.

DISCUSSION:

The City of Redlands Facilities and Community Services Department's Equipment Maintenance Division oversees the maintenance of approximately 470 vehicles and the City’s fuel station. The fleet inventory also includes heavy-duty off-road commercial vehicles which require ongoing maintenance and repair. The attached agreement with Quinn Company, LLC is for Redlands Regular Meeting of 10-3-23
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and repair. The attached agreement with Quinn Company, LLC is for preventative maintenance and repair services including, but not limited to, work on brakes, suspension, heat/air conditioning systems, electrical systems, minor engine repair, and other normal repairs for routine repair of a commercial heavy duty off-road fleet.

In accordance with the City's procurement guidelines, a formal Request for Bids (RFB) was advertised for the provision of maintenance and service for heavy-duty off-road equipment. On August 17, 2023, the City Clerk's office received and opened one bid. Staff evaluated the bid for conformance with the scope of services and qualifications and verified the total price as shown in the table below. Quinn Company, LLC met all the bidding requirements and was deemed the apparent low bidder.

Vendor Name Amount
Quinn Company, LLC $225,800
Due to required maintenance and anticipated repairs on heavy-duty vehicles, including those supporting the Solid Waste and Landfill division, staff is requesting an agreement with Quinn Company, LLC., for maintenance and service of heavy-duty off-road equipment in the amount of $280,000 for the initial term, $280,000 for the second term and $280,000 for the third for a total amount not to exceed $840,000.

ALTERNATIVES:

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

STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:

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

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

Larry Alms, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2023-24
Budgeted Y/N: Y
Account No.: 607900
Discussion:

Sufficient funding for this service is included in the Equipment Maintenance Division's (607900) budget for Fiscal Year 2023-24 as approved by City Council.

Attachments
A. Agreement with Quinn Company, LLC
B. Bid Report
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NPS-2.1 (8.22)

I:\cmo\Agreements\Quinn_Company, LLC FY22-0252.doc-jm
1 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES

This agreement for the maintenance and service of heavy-duty off-road equipment (“Agreement”) is made and entered in this 3rd day of October, 2023 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Quinn Company, LL C, a California Limited Liabi lity Company (“Contractor”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Par ties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to perform maintenance and service for heavy duty off - road equipment services for City (the “Services”).

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

ARTICLE 2 – SERVICES OF CONTRACTOR

2.1 The Servi ces that Contractor shall perform are more particula rly described in Exhibit “A,” titled “Scope of Services,” which is attached here to and incorporated herein by this reference.

2.2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to , any applicable State prevailing wage laws.

ARTICLE 3 – RESPONSIBILITIES OF CITY

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

3.2 City designates Tabitha Crocker, Faci lities & Community Services Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “ A,” titled “Scope of Services ,” which is attached hereto and incorporated herein by this reference.

4.2 The term of this Agreement shall be for a period of nine (9) months from October 3, 2023 through June 30, 2024 (the “Initial Term”). The City shall have the option to extend the Redlands Regular Meeting of 10-3-23
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2 Initial Term of this Agreement by two (2) additional one-year terms (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to t he expiration of the Initial Term or any Extended Term.

The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

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

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 Compensation: The compensation for Contractor’s performa nce of the Service s shall not exceed the amount of Two Hundred Eighty Thousand ($280,00.00) for the Services provided during the Initial Term. Should this Agreement be extended, the compensation for Contractor’s performance for the Services sh all not exceed the amount of Two Hundred Eighty Thousand ($280,00.00) for the second Extended Term; and Two Hundred Eighty Thousand ($280,00.00) for the third Extended Term, bringing the total possible amount of compensatio n to a not -to-exceed amount of Eight Hundred F orty Thousand ($840,000.00). For the Initial Term and each Exten ded Term, City shall pay Contractor on a time and materials basis up to the not to not -to-exceed amount in accordance with the rates specified in Exhibit “ B,” titled “Price and Fee Schedule,” which is attached hereto and incorporated herein by reference.

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

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

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3 CITY CONTRACTOR
City Clerk Scott Ashley, PSSR
City of Redlands Quinn Company, LLC
35 Cajon Street 800 E. La Cadena Dr.

P.O. Box 3005 (mailing) Riverside, CA 92507
Redlands, CA 92373 [email protected]
[email protected] 951-686-4560
(909) 798-7531

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exe mpt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “C,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

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

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

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

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4 ARTICLE 7 – CONFLICTS OF INTEREST

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

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

A. Does not make a governmental decision whether to:

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

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

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

ARTICLE 8 – GENERAL CONSIDERATIONS

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

8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of thi s Agreement. Any assignment or attempted assignment withou t such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.

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5 8.3 Contractor is for all purposes under this Agreement an independent contr actor and shall perform the Services as an independent con tractor. Neither City nor any of its agents shall have control over t he conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigne d personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account o f, or on behalf of City. Contractor shall have no authorit y, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

8.4 This Agreement m ay be terminated by City, in its sole discretion, by provi ding not less than ten (10) days prior written notice to Contractor of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment du e Contractor at the ti me of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form , where applicable) of project re lated data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.

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

8.6 This Agreement, including the Exhibits inc orporated herein b y reference, represents the entire agreement and understan ding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as o therwise provided for herein, an y amendment to this Agreem ent shall be in writing, approved by City and signed by City and Contractor.

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

8.8 If one or more of t he sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or Redlands Regular Meeting of 10-3-23
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NPS-2.1 (8.22)

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6 sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.

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

CITY OF REDLANDS Quinn Company, LLC

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Scott Ashley, PSSR

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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NPS-2.1 (8.22)

I:\cmo\Agreements\Quinn_Company, LLC FY22-0252.doc-jm
7 EXHIBIT "A"

SCOPE OF SERVICES

Perform preventative maintenance and repair services that include, but are not limited to, work on brakes, suspension, heat/air conditioning systems, electrical systems, minor engine repair, and other repairs normal and customary for routine repair of a commercial heavy duty off-road fleet.

• Ability to have a turnaround time of two (2) business days for PM services and routine repair as a result of the PM Service. Otherwise approved by Fleet Supervisor.

• The technician must include observations and explanations for any further needed repairs and must seek approval by the Fleet Supervisor before repairs are made.

• Original Equipment Manufacturer (OEM) parts must be used.

• Work collaboratively with staff to meet the following key components of the vehicle maintenance program:

• Comprehensive, preventative maintenance schedule.
• Full utilization of standard warranty coverage
• Customer service responsiveness to maximize cost efficiencies, minimize unscheduled repairs and down time.
• A preventative Maintenance Service checklist shall be completed by the technician and attached to the invoice submitted to the City for every vehicle serviced.

PM SERVICE - OFF-ROAD HEAVY EQUIPMENT (CATERPILLAR)

INSPECTION CHECK LIST

Every 250 Service Hours or Monthly
• Axle universal joint (rear)
• Cooling system coolant additive (DEAC)
• Differential oil level (front)
• Differential oil level (rear)
• Engine oil and filter
• Extendable stick
• Final drive oil level (front)
• Final drive oil level (rear)
• Kingpin bearings (rear)
• Sideshift stabilizer wear pads
• V-belts

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NPS-2.1 (8.22)

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8 Every 500 service hours or 3 months for machines used in severe applications • Differential oil (rear)

Every 1000 service hours or 6 months
• Differential oil (front)
• Differential oil (rear)
• Engine valve lash
• Final drive oil (front)
• Final drive oil (rear)
• Rollover protective structure (ROPS)
• Transmission magnetic screen
• Transmission oil
• Wheel bearings (front)

Every 2000 service hours or 1 year
• Engine valve lash
• Hydraulic system oil

Every 3000 service hours or 2 years
• Cooling system coolant (DEAC)
• Cooling system coolant extender
• Cooling system water temperature regulator

Every 6000 service hours or 4 years
• Cooling system coolant (ELC)

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NPS-2.1 (8.22)

I:\cmo\Agreements\Quinn_Company, LLC FY22-0252.doc-jm
9 EXHIBIT "B"

PRICE AND FEE SCHEDULE

Description Price
PM Hourly Rate $150.00
Standard Repair Hourly Rate $190.00
Overtime Hourly Rate $285.00
Field Labor Rate $220.00
Emergency Call Hourly Rate $330.00
Fabrication Hourly Rate $210.00
Parts Markup 0%

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NPS-2.1 (8.22)

I:\cmo\Agreements\Quinn_Company, LLC FY22-0252.doc-jm
10 EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION

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

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

CHECK ONE

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

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

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

QUINN COMPANY, LLC

By: Date: ___________________
Scott Ashley, PSSR

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City Council/Successor Agency Meeting M. 3.

DATE: 10/03/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of agreements with Executive Facilities Services, Inc., for janitorial services not to exceed $359,781.48, and with F.M. Thomas Air Conditioning Inc. for heating/air conditioning services not to exceed $50,000; and determine that the agreements are exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker) MOTION(S):

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

I move to determine that approval of the agreements is 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 the agreement with Executive Facilities Services, Inc. for janitorial services, not to exceed $359,781.48,

2. I move to approve the agreement with F.M. Thomas Air Conditioning, Inc. for heating/air conditioning services, not to exceed $50,000.

3. RECOMMENDATION:

Staff recommends that City Council determine that approval of the agreements for the Facilities and Community Services Department with Executive Facilities Services, Inc. for janitorial services, and F.M. Thomas Air Conditioning, Inc. for heating/air conditioning services, are exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act. Staff further recommends that the City Council approve the agreements with Executive Facilities Services, Inc., and F.M. Thomas Air Conditioning, Inc.

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DISCUSSION:

The City's Facilities and Community Services Department regularly procures supplies and services to support field operations throughout the City. To accommodate these purchases and services, and in accordance with the City's purchasing policies, staff is seeking approval for the following agreements for services at the Citrus Center (300 E. State Street).

On July 26, 2023, staff issued a Request for Proposal for janitorial services for the Citrus Center facility and on August 15, 2023, staff received and opened 8 proposals. Upon review, one proposal was rejected due to lack of content, five were rejected for not having an office within 25 miles of the location per the Request for Proposal requirements; therefore, resulting in 2 proposals that met all qualifications. The proposals were reviewed and rated by staff using the "Best Value Approach." The table below outlines how proposals were rated and cost/fee submittals reviewed.

CONTRACTOR RATED SCORE COST/FEE AMOUNT
Executive Facilities, Inc. 94.66% $359,781.48
Ultra Shine, Inc. 80.33% $426,600.00
Executive Facilities Services Inc. was identified as the responsive and responsible contractor to provide services. The attached agreement is for a period not to exceed three (3) years for an amount not to exceed $359,781.48.

In addition, on July 23, 2023, staff issued a Request for Quote for the Citrus Center heating/ air conditioning repair and maintenance services and on August 16, 2023, staff received 5 quotes. The quotes were reviewed by staff and F.M.

Thomas Air Conditioning, Inc. was identified as the responsive and responsible contractor to provide services. The table below outlines all quotes received.

CONTRACTOR
PARTS
MARK
UP %

PREVAILING
WAGE
RATE
TOTALS

NON-PREVAILING

WAGE RATE
TOTALS
F.M. Thomas Air
Conditioning Inc.
20% $ 77,375.00 $77,375.00
Allison Mechanical, Inc. 28% $ 81,562.50 $71,562.50
ACCO Engineered Systems,
Inc.
25% $ 84,037.50 $84,037.50
Pacific West Industries, Inc. 15% $ 84,225.00 $66,375.00 Ontario Refrigeration 10% $135,362.00 $94,500.00
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The attached agreement with F.M. Thomas Air Conditioning, Inc. to perform heating/air conditioning repairs at the Citrus Center (300 E. State Street) is for a period not to exceed one (1) year for an amount not to exceed $50,000.

ALTERNATIVES:

City Council may elect not to enter into the agreements with Executive Facilities Services, Inc. and F.M. Thomas Air Conditioning, Inc and direct staff accordingly.

STRATEGIC PLAN:

Supports Priority B - Public Health and Safety
SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:

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

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

Kathleen Giorgianni, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: 2023/2024
Revenue Generating: No
Appropriation Required Y/N: No
Amount: 409,781.48
Budgeted Y/N: Y
Account No.: 101310
Discussion:

Sufficient funding for these services is included in the Citrus Center Division (101310) budget for Fiscal Year 2023-2024 as approved by the City Council.

Costs associated with any future renewal terms of the agreement with Executive Facilities Services, Inc. will be included in subsequent budget requests prepared by the department.

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Attachments
Executive Facilities Services, Inc
FM Thomas Air Conditioning Inc
Redlands Regular Meeting of 10-3-23
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NPS-2.1 (8.22)

I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm 1 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES

This agreement for Janitorial Services at the Citrus Center (“Agreement”) is made and entered in to this 3rd day of October, 2023 (“Effective Date”), by an d b etween t he City of Redlands, a municipal corporation (“City”) and Executive Facilities Services, Inc. , a California corporation (“Contractor”). City and Con tractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In considerat ion o f t he mutual promises contained herein, City and Contractor agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to perform janitorial services for City (the “Services”).

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

ARTICLE 2 – SERVICES OF CONTRACTOR

ARTICLE 3 – RESPONSIBILITIES OF CITY

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

3.2 City designates Tabitha Crocker, Director, as Cit y’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.2 The term of this Agreement shall be for a period of three (3) years commencing as of the Effective Date, unless terminated earlier as provided herein.

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NPS-2.1 (8.22)

I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm 2 4.3 If Contractor’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to Cit y, consistent with City Council-adopted policy for the same. It shall be the obligatio n of Contractor to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 Total compensation for Contractor’s performa nce of the Services sh all not exceed the amount of Three Hundred Fifty-Nine Thousand, Seven Hundred Eighty One Dollars and Forty Eight Cents ($359,781.48). City shall pay Contractor on a time and materials basis up to the not to exceed amount in accordance wi th Exhibit “ B,” ti tled “Fee Sched ule Title,” which is attached hereto and incorporated herein by this reference.

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

5.3 Any notice or other c ommunication re quired, or which may be given, pursuant t o this Agreement, shall be in writing. Any such notice shall be deeme d delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the a ctual delivery date if dep osited with an overnight courier; or (iv) on the date sent by facsimi le or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or expre ss mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such ot her address as a Party may provide notice in accordance with this section:

CITY CONTRACTOR
City Clerk Jim Ferraro, Owner
City of Redlands Executive Facilities Services, Inc. 35 Cajon Street 6865 Weaver Street
P.O. Box 3005 (mailing) Riverside, CA 92504
Redlands, CA 92373 [email protected]
[email protected] 844-780-2626
(909) 798-7531 951-346-3922

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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

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NPS-2.1 (8.22)

I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm 3 A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptab le to City, or certification t o City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “C,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

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

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

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

ARTICLE 7 – CONFLICTS OF INTEREST

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

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

A. Does not make a governmental decision whether to:

I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm 4 (iv) grant City approval to a contract that requ ires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.

B. Does not serve in a staff capacit y wi th City and , in that capac ity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individua l holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

7.3 In the event City determines that Contractor must disclose its financial interests , Contractor shall complete and file a Fair Political Practices Commi ssion Form 700, Statement of Economic Interests , with the City Clerk ’s office pursua nt to the written instructions provided by the City Clerk.

ARTICLE 8 – GENERAL CONSIDERATIONS

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

8.2 Contractor shall not assign any of the Services, except with the prior written app roval of City and in strict co mpliance with the terms and conditions of this Agreement. Any assignment or attempted assignment withou t such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.

8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent con tractor. Neither City nor any of its agents shall have control over t he conduct of Contractor or Contractor’s employees, ex cept as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigne d personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authorit y, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any autho rity, express or implied, to bind City to any obligation.

8.4 This Agreement may be terminated by City, in its sole discretion, by provi ding not less than ten (10) days prior written notice to Contractor of City’s intent to terminate. If this Agreement is ter minated by City , an adjustment to Contractor’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment du e Contractor at the ti me of termination may be adjusted to the extent of any additional costs to City occa sioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or Redlands Regular Meeting of 10-3-23
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NPS-2.1 (8.22)

I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm 5 otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project re lated data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.

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

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

8.7 This Agreement shall be governed by and const rued in accordance with the la ws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreeme nt shall be tried and litigated only in the state cour ts located in S an Bernardino County, California, and the federal courts located in Riverside County, California.

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

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

CITY OF REDLANDS EXECUTIVE FACILITIES SERVICES,
INC.

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Jim Ferraro, Owner

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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NPS-2.1 (8.22)

I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm 6 EXHIBIT "A"

SCOPE OF SERVICES

Contractor shall appoint an experienced supervisor to be responsible for all Services required & performed under this Agreement. The Supervisor must be acceptable to City and have the authority to receive on b ehalf of Contractor any order or communication relating to the Services. The Supervisor shall be always readily accessible to staff of the City and have communication equipment (cell phone and email). If a replacement Supervisor is deemed necessary by Contractor, replacement Supervisor shall be approved by Ci ty prio r to commencement of any Supervisory duties. Supervisor shall “walk” all buildings with a check list and review janitorial work being performed by janitorial staff. Supervisor shall attend bi-monthly meetings with City Staff and report findings and challenges.

SERVICE LEVEL (Acceptable Quality):

The level of services as outlined in these Specifications must be consistently maintained. During the Contract period, appropriate City Staff will conduct routine inspections of the facilities under this Contract. The inspections are based on standards for commercial facilities within the maintenance industry. This scope of work establishes the minimum requirements for providing Janitorial Services to the City of Redlands. The Contractor is required to meet all specifications listed herein, as minimum, and is required to submit a firm, fixed cost for all commodities/services. The Contractor shall fully and timely provide all deliverables described herein in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations including the Displaced Janitorial Act (California Labor Code 1060 et seq.). Contractor shall provide all labor, materials, equipment, and mobilization to complete the services for the City of Redlands.

DETAILED SPECIFICATIONS:

Task specifications are provided for general cleaning and should be applied to any and all public and office areas. Task specifications for general restroom cleaning should be applied to any and all restrooms.

Special task requirements unique to each facility are also detailed. All items not specifically included but found to be necessary to properly clean the facilities, shall be included as though written into them.

DEFINITIONS:

Where “as directed”, “as required”, “as permitted”, “approved”, “acceptance”, or words of similar importance are used, it shall be understood that the direction, requirement, p ermission, appro val, or acceptance of the Maintenance Manager is intende d unless otherwise stated. As used herein, “provide” shall be understood to mean “provide complete”, “in place”, “this is”, “furnish and install”; the work “site” as used hereinafter shall be underst ood to mean the location receiving the service. The use of the word “Director” shall be construed to mean the Maintenance Manager or his delegated representative(s).

The use of the word “Contractor” shall be held to mean the Contractor an d/or any person employed by them and working under this contract. The use of th e words “shall” and “may” shall be held to mean “mandatory” and “permissive” respectively.

The use of the words “his” or “him” shall be construed to mean either gender, as appropriate.

CLEANING TASKS:

Janitorial Services shall accomplish all cl eaning tasks to meet the completeness, quality, and frequency requirements set forth under these definitions. Cleaning to be comp leted once daily, Monday through Friday after 5:00 P.M. and before 5:00 A.M.

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NPS-2.1 (8.22)

I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm 7 1. Plumbing Fixtures and Dispenser Cleaning:

Plumbing fixtures and dispensers are clean when free of all deposits and stains so that items are left without dust, streaks, film, odor, or stains.

2. Sweeping:

Janitorial Services shall sweep all floors, including corners and abutments, so that after sweeping they are free of all visible litter, dust, and foreign debris. Chairs, trash receptables and easily movable items shall be tilted or moved to sweep underneath and returned to th eir original locat ion when swe eping has been completed.

3. Cleaning Floors:

Janitorial Services shall clean all tile and/or vinyl floors, including corners and abutments so that they are uniform in appearance and are free of streaks, swirl marks, detergent residue, or an y evidence o f stains, soil film, debris or standing water. Chairs, trash receptacles, and easily movable items sh all be moved to clean underneath and returned to their original location when cleaning has been completed. Janitorial Services shall remove a ll splash ma rks on furniture, walls, baseboar ds, etc. Janit orial Services shall remove all splash marks on furniture, walls, baseboards, etc. Janitorial Services shall clean bathroom tile floors, including corners and abutments so that they are uniform i n appearance and free of streaks, swirl marks, detergent, residue, or any evidence of stains, soil, film debris or standing water. Janitorial Services shall ensure that the mop used to clean the bathroom floor is not used on any other co mmon floor area. Janitorial Services shall display caution sig ns when floors are wet and personnel other than Janitorial Services personnel are present in the area. Signs shall remain in place until floors are completely dry.

4. Maintaining Floors:

Janitorial Services shall maintain all tile and vinyl floors accessible with a floor cleaning machine, unless specified elsewhere as having carpet or special flooring. After tile and/or vinyl floors receive floor maintenance, the entire floor shall have a uniform coating o f nonskid fi nish and have a uniform glossy appearance and be free of scuff marks, heel marks and other stains and discoloration. Janitorial Services shall remove floor finish solutions from baseboards, walls, furniture, trash receptacles, etc. Chairs, tr ash receptacles and easily movable items shal l be tilted or moved to maintain floors underneath and returned to their original location when maintenance has been completed. Janitorial Services shall apply these techniques only to the portion of the floor needing work to bring the entire surface up t o the above stated standard. Janitorial Services shall not apply finish on surfaces that have not been cleaned. See Exhibit D for floor cleaning schedule.

5. Mirror/Glass Cleaning:

Janitorial Services shall clean interi or and exterior glass doors and surrounding glass areas to include sills/ledges, display cases, glass cabinets, mirrors, and adjacent trim so that after cleaning there shall be no traces of film, dirt, smudges, water, or other foreign matter. All accessible glass surfaces shall be without streaks, film deposits and stains and have a uniform bright appearance.

6. Shampooing Carpets:

Janitorial Services shall shampoo carpets so that after shampooing, the carpet area is uniform in appearance an d free of em bedded dirt, grime, cl eaning solution, film, debris, stains, marks, and discoloration. Carpet shall be cleaned with a commercial floor machine with power scrubbing capability Redlands Regular Meeting of 10-3-23
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NPS-2.1 (8.22)

I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm 8 that will clean both sides of the carpet using ext raction methos and a drying ti me of four to five hou rs.

All shampooing soluti ons shall be removed from walls, furniture, trash receptacles, chairs, and similar items. Chairs, trash receptacles and easily moveable items shall be moved to shampoo carpet area underneath and then returned to their original location.

7. Baseboard Cleaning:

After cleaning, the surfaces of all baseboards (wood, resilient, ceramic will have a uniformly clean appearance, free from dirt, stains, streaks, wax and cleaning marks.

8. Washing of Walls:

Wash a ll wall surfaces. Use cleaning materials consis tent wit h finish material of wall. All exposed surfaces of walls are to be cleaned and made free of all dirt, dust, grit and left without streaks, film, odor, or stains.

9. Supplies:

Contractor shall prov ide all consumable supplies including but not limited to the following: all paper products (i.e., seat covers, toilet paper, hand towels) , hand soap and trash can liners. Paper products shall contain at a minimum 30% post-consumer material.

The Contractor shall use cleaning supplies that are of a qua lity that will not be abrasive, stain, discolor, corrode, or otherwise damage the surfaces being cleaned. The City reserves the right to require the Contractor to substitute supplies at any time during the contract term.

10. Removal of Trash:

Janitorial Services shall empty and return to their location waste baskets and if clearly marked, other trash containers within the area (empty boxes, etc.). Janitorial Services shall em pty and return to their original location bathroom waste baskets, san itary napkin disposal containers, and other trash containers within the area. Plastic trash liners shall be placed in waste receptacles and replaced when soiled or torn.

Interior and exterior of trash re ceptacles sh all be cleaned as required to assure cl eanliness. Janitorial Services shall dispose of trash in plastic bags secured with a bag tie. Janitorial Services shall pick up any trash that may fall in or around the building during the removal of col lected trash. Janitorial Services shall deposit the trash in the outside trash collection point (trash bin).

11. Low Dust:

Janitorial Services shall perform low dusting so that after dusting, all dust, smudges, cobwebs, litter, lint, and dry soil are removed from surfaces of chairs, file cabinets and other types of office furniture, wall hangings, tops of partitions, partition ledges, windowsills, window blinds, light fixtures, ceiling corners, etc. to a line of 8’-0” above floor level. Janitorial Services shall not dust typewriters, business machines or computer equipment.

12. Drinking Fountains and Sinks:

Janitorial Services shall clean and disinfect all polished metal surfaces, including the opening and drain, so that after cleaning, drinking f ountains and break room sinks shall be free from streaks, spots, stains, smudges, scale and other obvious soil.

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NPS-2.1 (8.22)

I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm 9 13. Vacuum Carpet:

Janitorial Services shall vacuum all carpeted floor areas so that after vacuuming, they are free of all litter, dust, soil, etc. Chairs, trash receptacles and easily moveable items shall be moved to vacuum underneath and returned to their original location when vacuuming has been completed.

14. Restrooms/Showers Cleaning:

Janitorial Services shall perform restroom cleaning as specified:

A. CLEAN/DISINFECT: Janitorial Services shall completely clean and disinfect all surfaces of toilet bowls, urinals, lavatories, showers, plumbing fixtures and other such surfaces, using germicidal detergent. After clea ning all surfaces shall be fre e of dirt, grime, film, sta ins, scum, soap resid ue, dust, and other foreign matter.

B. SPOT CLEAN: Janitorial Services shall remove smudges, fingerprints, marks, streaks, dust, deposits from washable surface of partitions, stalls, stall doors , handrails, wall areas adjacent to lavatories, urinals, toilets, interior and exterior doors, and soap/towel dispensers. Janitorial Services shall spot clean using a germicidal detergent . After spot cleaning, the surface shall have a c lean, uniform appearance. Other wall surfaces not mentioned shall be spot cleaned as needed to the same standards.

C. DESCALE: Janitorial Services shall descale interior of toilet bowls, showers, and urinals as needed so that after cleaning, the entire surface is fre e of streaks , stains, scum, scale, urine deposits and rust stains.

D. CLEAN MIRRORS: Janitorial Services shall clean mirrors and adjacent trim so that after cleaning, they are free of dirt, film, smudges, water spots, streaks, etc.

E. SHOWER MATS: Ja nitorial Services shall clean and disinfect weekly shower ma ts located in both the men’s and women’s showers. The Contractor shall clean the sho wer floor under the mats weekly.

15. Remove Spider Webs:

Janitorial Services shall remove all spider webs fr om walls and windows inside buildings and on the outside entrances. Dust sills on all windows including floor length windows.

16. Vacuum Upholstery of all Fabric Furniture:

Janitorial Services shall vacuum all upholstery of all fabric furniture.

17. Dust Vacuum Heating and Ventilating Grills:

Janitorial Services shall dust or vacuum all heating and ventilating grills.

18. Equipment and Supplies : The Contractor s hall furnish and keep in good working order, all necessary cleaning supplies, tools, and equipment. This includes, but is not limited to cleaners, waxes, mops, brooms, buffers, ladders, hoses, and vacuums, etc. Non -complying equipment and supplies shall be changed out at the request of the City. Contractor shall provide all consumable supplies including but not limited to the following: cleaning products , hand soap and paper products ( i.e., seat covers, toilet paper, hand towels, trash can liners, germicidal cleaners, etc.).

Redlands Regular Meeting of 10-3-23
690 of 781
NPS-2.1 (8.22)

I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm 10 Contractor shall submit all cleaning product information for approval prior to use. Any change of product shall be pre-approved by the City.

Contractor is responsible for supplying MSDS sheets to the Maintenance Supervisor for all cleaning liquids, chemicals, solvents, additives, floor waxes, etc., which Contractor is using. These will be kept on file for immediate access to the Building Maintenance Team and updated as needed.

Janitorial closet areas shall be always kept clean an d free of debris and odor. All supplies shall be stored in a neat and orderly manner and in such a way as to prevent injury to City or Contractor’s employees.

19. Supervision: Contractor will assign a supervisor and lead custodial person to this contract and one or both are required to be present during all scheduled cleaning hours and special work assignments. This custodial supervisor or lead person is required to speak, read, and understand English. Site supervisor shall carry a cell phone and/or pager by whi ch the City Staff will be able to communicate with him/her.

They are required to attend bi -monthly meeting s with Building Maintenance Manager to review performance and discuss outstanding issues. Additional meetings may be required as requested by other departments and their city representatives.

20. Inspection: The City shall inspect the work areas daily and with the Contractor every week to ensure adequacy of maintenance and that methods of performing the work are in compliance with the contract.

However, this walk -through shall not be construed to relieve the Contractor of the duty to provide continuous inspection of the work area. Discrepancies and deficiencies in the work shall be brought to DESCRIPTION OF ITEM MIN. REQUIRED SPECIFICATIONS
Heavy duty small trash can liners Grainger, 500 count, 10 gallon, 24 x 23, black or approved functionally equivalent
Hand Soap Waxie Select NRG No-Touch Foam
Heavy duty medium trash can liner Grainger, 250 count, 20-30 gallon, 30x36, black or grey, or approved functionally equivalent
Toilet tissue, coreless roll 2-ply, 1000 sheets per roll, 36 rolls/case or approved functionally equivalent
Toilet tissue to match various
dispensers
2-ply, white, Kleenex Cottonelle, or approved functionally equivalent Paper towels, single fold to match
various dispensers
Must fit each specific dispenser at each location (to be noted during facility walk-through)
Toilet Seat Covers Waxie, or equivalent, 250 count, 20 pack/case or approved functionally equivalent.

Paper Towels, EnMotion 10” x 800’, 6 rolls/case, touchless roll or approved functionally equivalent Glass Cleaner Trigger spray bottle, non-streaking
Urinal Deodorizing Screens Waxie, deluxe urinal deodorizing screen, 12/ea or approved functionally equivalent
Toilet Bowl Cleaner Acid Base, Squeeze Bottle
Industrial Strength Disinfectant Lysol or approved functionally equivalent Furniture Polish Pledge or approved functionally equivalent Cleanser Comet or approved functionally equivalent cleaner with chlorinal Floor Stripper Baseboard Stripper or approved functionally equivalent * Carpet Stain Remover Spray Bottle *
Mop Cleaner Any Brand
Carpet Shampoo For Carpet Cleaning Machines *
Floor Wax TBD
Redlands Regular Meeting of 10-3-23
691 of 781
NPS-2.1 (8.22)

I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm 11 the attention of the Contractor and corrected in the same ma nner specified by the Director. Same day corrections of deficiencies are required.

21. Staffing: The Contractor shall submit a breakdown of BONDED staffing proposed to adequately perform the tasks as outlined in the se specifications. As part of the breakdo wn, the Contractor shall list the percentage of staff who are employed by the Contractor and the percentage of staff that will be assigned to this contract.

22. Employee Conduct:

Employees of the Contractor while performing work under this contract, WILL NOT:

1. Be accompanied in their work area by acquaintances , family members, assistants, or any other person unless such person is an on-duty, authorized Contractor employee.

2. Remove any City property or personal property, equipment, monies, form, or any other item from any city facility.

3. Engage in horseplay or loud boisterous behavior.

4. Be under the influence of alcohol or drugs.

5. Gamble.

6. Smoke in any building.

7. Turn on or use any equipment (i.e., computers, typewriters, fax machines, copy machines, radios, televisions, etc.) except any Contractor or City supplied equipment.

8. Use any City telephone except those designated by the City for purposes of business under this contract.

9. Open any desk, file cabinet or storage cabinet.

10. Remove any articles from desks.

11. Consume any food or beverage, other than that brought with or purchased by the employee, and only in areas designated as break or lunchrooms.

12. Enter any facility that they are not specifically approved to enter.

23. Employee Removal: The Contractor shall remove from service on the premises of the City any employee of the Contractor who, in the opinion of the City, is not performing the services in a proper manner, or who is incompetent, disorderly, abusive, dangerous, or disruptive, or does not comply with the rules and regulations of the City.

24. Employee Appearance and Identification : Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees. The Contractor shall provide each employee with an identification badge and uniform. Id entification badges may be wor n on collared shirts or tee shirts with company logos. Long pants are required. No shorts, skirts, or open-toed shoes are allowed.

Redlands Regular Meeting of 10-3-23
692 of 781
NPS-2.1 (8.22)

I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm 12 Security: The City will provide access to al l facilities and properties after which the Contractor is required to always have all keys and alarm codes available when providing services to the City. The Contractor is responsible for the replacement of all lost keys, fobs, or card access keys at a cost of $50.00 each. Contractor will be financia lly responsible for any and all costs r esulting from the need to re-key or re-code alarms in a facility.

The Contractor shall ensure all facilities are secure. Contractor is responsible for resetting alarms, turning off lights and locking doors upon completion of all duties. Failure to secure a facility correctly may result in termination of the contract. The Contractor will be financially responsible for any call outs by stand-by personnel due to doors left open, alarms turned off, and alarms activated after hours.

25. Quality Control: Contractor shall attend bi-monthly meetings with Building Maintenance Staff for review of areas of improvement, Contractor questions and/or issues with facilities.

26. Property Damage: The Contractor shall be held responsible for damages that occur during the hours pertaining to performance of this contract to the interior of the facilities or contents thereof. The Contractor, as his/her expense, shall pay to repair the damage and/or replace the items(s) damaged.

27. Missed Cleanings: Should the Contractor fail to clean a facility in accordance with scheduled times and requirements (Once daily, Monday through Friday after 5:00 P .M. and before 5:00 A.M. ) the City will au tomatically remove payment fo r that cleaning from the invoice. Continued failure to clean in accordance with the schedule may result in termination of the contract. The sum of Two Hundred Fifty Dollars ($250.00) per day will be deducted and forfeit from payments to the Contractor for each instance where an item of work is not completed in accordance with the schedule or Specifications.

28. Special Events: The Contractor can expect to support special events during an d outside of normal duty hours. Special e vents may include, but are no t limited to, City council meetings, City commission meetings, special meetings and/or functions. The Contractor shall adjust the service schedule so that these services will be performed after the event. Contractor shall pro pose an hourly rate per perso n for this service and provide adequate procedures for receiv ing and responding to special event service requests.

29. Labor Strike : It is the Contractor’s responsibility to provide con tinuous maintenance services, without interruption, to all buildings an d facilities specified herein. In the event of a labor actio n, the Contractor shall provide other means, at the Contractor’s expense, to provide continuous and comparable service. Failure to do so will cause the City to take whatever action is necessary to provide the service, with an y cost above and beyond the co ntractor normal rates (which will be deducted from the Contractor’s payment) to the City being borne by the Contractor.

30. Additions/Deletions: The City may, without i nvalidating the contract, mod ify the contract by adding, deleting, or changing areas to th e contract; by adding deleting or changing usage or space, by adding, deleting, or changing routine services; by deleting or changing specifications. All changes sha ll be ordered by means of a w ritten change order to the purc hase order. Additions shall b e added at the contracted square foot for comparable facilities under contract. If there are no comparable facilities, t he price shall be negotiated by the City with the Contractor.

Redlands Regular Meeting of 10-3-23
693 of 781
NPS-2.1 (8.22)

I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm 13 31. Holidays: Contractor shall not provide services on City observed holidays. City holidays include

New Year’s Day Martin Luther King Day President’s Day
Memorial Day Juneteenth Independence Day
Labor Day Veteran’s Day Thanksgiving Day
Day after Thanksgiving Christmas Eve Day Christmas Day
New Year’s Eve Day

32. Qualifications/Security: The Contractor, subcontractors and all employees shall be capable and experienced in the contract work to be performed. The contractor or any principle, officer or employee of the Contractor who has been convicted of any felony or any crime involving moral tu rpitude with the previous 10 years is prohibited from working on City premises until such time as the charges are dismissed. The city may limit or reject certain individuals if their presence is determined by the Building Maintenance Supervisor to be detrimental to the normal conduct of its business.

Prior to commencing any Work under this contract, the City of Redlands requires that the Contr actor and any principles, officers or employees who will work on City premises undergo a security check through the City of Redlands Police Department . This is a LIVESCAN background check and is considered a Background Check 1. There is no cost to the c ontractor for this service and t he Contractor shall ensure this requirement is met prior to ANY personnel arriving onsite to conduct janitorial services.

Contractor personnel that are scheduled to work in ANY Redlands Police Department facility will be required to undergo a more in -depth background check (Background Check 2) that includes reviewing online presence, Officers speaking with neighbors, prior employers, family members, etc.

Background Check 2 can take up to six (6) weeks to complete and is a requirement for all janitorial personnel entering ANY Redlands Police Department facility for purposes of work.

In the event Contractor enters any Redlands Police Department facility to perform any janitorial functions, without having successfully passe d a Background 2, the Contract a nd Purchase Order are subject to immediate cancellation.

33. Janitorial Bond: Contractor shall provide the City with a Janitorial (Fidelity) Bond or its approved equivalent in a minimum amount of fifty thousand dollars ($50,000.00) covering the fidelity (dishonesty, disappearance, or destruction) of or by the Contractor’s employee s with ten calendar days after Notice of Award. Said bond shall be duly executed by Contractor and a responsible Surety authorized to issue such bonds in the State of C alifornia and secured through an authorized agent with an office in Cal ifornia and registered with the County of San Bernardino. The Contractor shall pay all bond premiums, costs, and incidentals. The City shall return the bond to the Contractor upon the expiration of this Contract and the fulfillment of the Contractor’s obligations under this Contract.

35. Recycling: Contractor shall coordinate recycling activities with the City’s Recycling Coordinator to minimize refuse disposal & maximize recycling from City facilities.

Contractor shall empty recyclable materials contained with designa ted recycling containers throughout the facility. This includes all blue, recycling desk -side containers & larger, blue 32 -gallon recycling containers. Recycling materials shall be emptied into the white recycling dumpster at the rear of the City Center (Citrus Avenue).

Recyclable materials set aside should be collected & emptied into the white recycling dumpster. This includes office materials such as paper (e.g., boxes, blueprints , plans, files, etc.) that may or may not be placed inside of a recycling container due to inadequate capacity but are clearly labeled “RECYCLE”.

Redlands Regular Meeting of 10-3-23
694 of 781
NPS-2.1 (8.22)

I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm 14 Contractor shall contact the City’s Recycling Coordinator to apprise him/her of improper separation of materials by City staff. Materia ls listed below should be separated for recyc ling by City offic e staff.

Contractor shall NOT collect recyclables for personal use or sale.

Office Paper Blueprints Junk Mail Envelopes
Catalogs Computer Paper Colored Paper Aluminum Cans
Tin (steel) cans Glass Bottles Flattened
Cardboard Boxes
All other plastic bottles
and containers

Redlands Regular Meeting of 10-3-23
695 of 781
NPS-2.1 (8.22)

I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm 15 EXHIBIT "B"

FEE SCHEDULE TITLE

CITRUS CENTER JANITORIAL SERVICES
FCS06292023KG

Pricing to be based on full occupancy rate.

TOTAL FEE/COST PROPOSAL

INCLUDE TOTALS HERE MONTHLY PRICE ANNUAL PRICE
PROPOSAL A – YEAR ONE $9,993.93 $119,927.16
PROPOSAL B – YEAR TWO $9,993.93 $119,927.16
PROPOSAL C – YEAR THREE $9,993.93 $119,927.16
TOTAL PRICE FOR THREE YEARS WRITTEN HERE $359,781.48

PRICE PER SQUARE FOOT TO DEEP CLEAN
CARPET: $0.12

CONTRACTOR NAME: Executive Facilities Services, Inc. CONTACT: Jim Ferraro

CONTRACTOR ADDRESS: 6865 Weaver Street CITY: Riverside STATE: CA ZIP: 92504

EMAIL: [email protected] DIR#: JS-LR-000014832 PHONE: 844-780-2626

Redlands Regular Meeting of 10-3-23
696 of 781
NPS-2.1 (8.22)

I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm 16 EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION

Every employer, except the State, shall secure the pa yment of compensation in one o r more of the following ways:

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

CHECK ONE

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

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

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

EXECUTIVE FACILITIES SERVICES, INC.

By: Date: ___________________
Jim Ferraro, Owner

Redlands Regular Meeting of 10-3-23
697 of 781
NPS-2.1 (8.22)

I:\cmo\Agreements\FM Thomas Air Conditioning, Inc FY22-0259.docx-jm 1

AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES

This agreement for Heating and Air Conditioning Maintenance Services at the Citrus Center (“Agreement”) is made and entered in this 3rd day of October, 2023 (“Effective Date”), by and b etween t he City of Redlands, a municipal corporation (“City”) and F.M. Thomas Air Conditioning, Inc., a California corporation (“Contractor”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parti es.” In consideration of the mutual promises contained herein, City and Contractor agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to perform heating and air conditioning services for City (the “Services”).

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

ARTICLE 2 – SERVICES OF CONTRACTOR

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

ARTICLE 3 – RESPONSIBILITIES OF CITY

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

3.2 City designates Tabitha Crocker, Director, as City’s r epresentative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.

4.2 The term of this Agreem ent shall be for a period of one (1) year commencing as of the Effective Date, unless terminated earlier as provided herein.

Redlands Regular Meeting of 10-3-23
698 of 781
NPS-2.1 (8.22)

I:\cmo\Agreements\FM Thomas Air Conditioning, Inc FY22-0259.docx-jm 2

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 Total compensation for Contractor’s performance of the Services sh all not exceed the amount of Fifty Thousand Dollars ($50,000.00). City shall pay Contractor on a time and materials basis up to the not to exceed amount in accordance with Exhibit “B,” titled “Fee Schedule Title,” which is attached hereto and incorporated herein by this reference.

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

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

CITY CONTRACTOR
City Clerk Thomas Feyka, President
City of Redlands F.M. Thomas Air Conditioning, Inc.
35 Cajon Street 231 Gemini Avenue
P.O. Box 3005 (mailing) Brea, CA 92821
Redlands, CA 92373 [email protected]
[email protected] 800-660-0891
(909) 798-7531

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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

Redlands Regular Meeting of 10-3-23
699 of 781
NPS-2.1 (8.22)

I:\cmo\Agreements\FM Thomas Air Conditioning, Inc FY22-0259.docx-jm 3

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptab le to City, or certificati on to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of Ca lifornia. Contractor shall execute and provide City with Exhibit “ C,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

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

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

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

ARTICLE 7 – CONFLICTS OF INTEREST

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

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

A. Does not make a governmental decision whether to:

(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City per mit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requ ires City approval and to which City is a party, or to the specifications for such a contract; Redlands Regular Meeting of 10-3-23
700 of 781
NPS-2.1 (8.22)

I:\cmo\Agreements\FM Thomas Air Conditioning, Inc FY22-0259.docx-jm 4 (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.

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

7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commi ssion Form 700, State ment of Economic Interests , with the City Clerk ’s office pu rsuant to the written instruction s provided by the City Clerk.

ARTICLE 8 – GENERAL CONSIDERATIONS

8.2 Contractor shall not assign any of the Services, except with the prior written app roval of City and in stric t compliance with the terms and c onditions of this Agreement. Any assignment or attempted assignment withou t such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.

8.3 Contractor is for all purposes under this Agreement an i ndependent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over t he conduct of Contractor or Contractor’s employees, ex cept as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in n o event shall Contractor or personnel retained by it b e d eemed to have been employed by City or engaged by City f or the account of, or on behalf of City. Contractor shall have no authorit y, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

8.4 This Agreement may be terminated by City, in its sole discretion, by provi ding not less than ten (10) days prior written notice to Contractor of City’s intent to terminate. If this Agreement is ter minated by City, an adjustment to Contractor’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or othe rwise make available to City, copies (in both hard copy and electronic form, where applicable) of project re lated data, drawings, spe cifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Redlands Regular Meeting of 10-3-23
701 of 781
NPS-2.1 (8.22)

I:\cmo\Agreements\FM Thomas Air Conditioning, Inc FY22-0259.docx-jm 5 Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.

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

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

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

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

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

CITY OF REDLANDS F.M. THOMAS AIR CONDITIONING,
INC.

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Thomas Feyka, President

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 10-3-23
702 of 781
NPS-2.1 (8.22)

I:\cmo\Agreements\FM Thomas Air Conditioning, Inc FY22-0259.docx-jm 6 EXHIBIT "A"

SCOPE OF SERVICES

Provide on-call air conditioning & heating monthly maintenance and as needed re pairs for the Citrus Center, located at 300 E. State Street, Redlands, CA 92373.

Hourly rates shall include all costs for the services described. All overhead costs, including b ut not limited to , travel, tri p charges, chemicals, equipment maintenance, etc. shall be included in hourly rates provided as quote. Prices shall remain in effect for the term of the contract. “Quoted” or “Bid” jobs shall utilize the same hourly rates and parts mark up as provided in quote for FCS06302023KG.

C-20 HVAC License is required.

DIR registration is required at time of bid and throughout the life of this Agreement.

A response time of 4 hours from initial contact with city is required for all service calls.

Contractor will provide all documentation the EPA may require regarding compliance with the Clean Air Act.

Prevailing wage rates must be paid and billed for any repairs in excess of $1000.00.

Redlands Regular Meeting of 10-3-23
703 of 781
NPS-2.1 (8.22)

I:\cmo\Agreements\FM Thomas Air Conditioning, Inc FY22-0259.docx-jm 7 EXHIBIT "B"

FEE SCHEDULE TITLE

CITRUS CENTER HEATING & AIR CONDITIONING SERVICES
FCS06302023KG

FEE/COST PROPOSAL

CONTRACTOR NAME: F.M. Thomas Air Conditioning, Inc. CONTACT: Thomas Feyka

CONTRACTOR ADDRESS: 231 Gemini Ave. CITY: Brea STATE: CA ZIP: 92821

EMAIL: [email protected] DIR#: 1000003383 PHONE: 800-600-0891

HOURS OF WORK
A

ESTIMATED
HOURS
B.

PREVAILING

WAGE HOURLY
RATE
D.

TOTAL
FOR

PREVAILING

WAGE RATES

NON -

PREVAILING

WAGE RATES

TOTAL FOR NON-

PREVAILING

WAGE RATES
Monday through
Friday
8:00 AM to 5:00 PM
200 $160.00 $32,000.00 $160.00 $32,000.00
Monday through
Friday
5:01 PM to 7:59 AM
100 $185.00 $18,500.00 $185.00 $18,500.00
Saturday or Sunday
8:00 AM to 8:00 A.M.
(24 Hours)
75 $215.00 $16,125.00 $16,125.00 $16,125.00
Holidays
8:00 AM to 8:00 A.M.
(24 Hours)
50 $215.00 $10,750.00 $10,750.00 $10,750.00
MARK UP %20 TOTAL $77,375.00 TOTAL $77,375.00
Redlands Regular Meeting of 10-3-23
704 of 781
NPS-2.1 (8.22)

I:\cmo\Agreements\FM Thomas Air Conditioning, Inc FY22-0259.docx-jm 8 EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION

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

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

CHECK ONE

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

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

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

F.M. THOMAS AIR CONDITIONING, INC.

By: Date: ___________________
Thomas Feyka, President

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City Council/Successor Agency Meeting M. 4.

DATE: 10/03/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the First Amendment to the Non-Professional Services Agreement with Mariposa Landscapes, Inc., for an increase of $73,484.46 over the remaining two years of the agreement for a total contract amount of $999,458.84, for sports field maintenance and determination that approval of the Amendment is not subject to environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
MOTION(S):

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

I move that the City Council determine that approval of the First Amendment is categorically exempt from environmental review in accordance with Section 15301 of the State's guidelines implementing the California Environmental Quality Act; and

1. I move to approve the First Amendment to the Mariposa Landscapes Inc. agreement.

2. RECOMMENDATION:

Staff recommends that the City Council approve a First Amendment to the Mariposa Landscape Inc. agreement for sports field maintenance services and determine that approval of the Amendment is categorically exempt from environmental review in accordance with Section 15301 of the State's guidelines implementing the California Environmental Quality Act.

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DISCUSSION:

The Facilities and Community Services Department coordinates the use of city sports fields for various sports, recreational activities, and programs. The City has a total of 19 recreational sports fields located within five of the city’s parks.

These parks include Crafton Park, Israel Beal Park, Redlands Sports Complex, Community Park, Brookside Park, and Texonia Park. City staff performs the routine maintenance and oversight of these park areas, in addition to utilizing outside contractual services on an as-needed basis. These additional outside services help ensure consistent maintenance, and also allow staff to focus on more specialized tasks within the city's park system.

On June 15, 2021, City Council adopted an Athletic Field Allocation Policy, pursuant to Resolution No 8210. The policy established a process for field space allocation based on priorities and objectives, such as safe, quality fields for use by Redlands residents; maximize playtime through efficient rescheduling; turf recovery periods to maintain safe quality fields; fair and equitable distribution of available fields; transparency and consistency in scheduling; communicate expectations for field use; and adequately fund field maintenance and long-term capital needs. Subsequently, after the adoption of the policy, City Council adopted Resolution No. 8257 on November 2, 2021, establishing field rental fees. The fees are intended to recover costs for field maintenance and further support city recreational programs. The fees adopted were based on existing agreements and the desire to maintain affordable options for residents.

On June 7, 2022, City Council approved a three-year contract with Mariposa Landscapes, Inc. for sports field maintenance. The sports fields included in the current agreement are Brookside Park, Texonia Park, Crafton Park, Israel Beal Park, and Community Park, Orangewood High School, and Clement Middle School. The original Agreement was for an amount not to exceed $925,894.38 or $308,631.46 annually. The cost to add the Redlands Sports Complex to their existing Mariposa Landscapes, Inc. contract is $119,750.04 annually.

Additionally, the original Agreement included Orangewood High School baseball fields and Clement Middle School football fields, which will be removed with this amendment. The result of these changes is a net increase of $73,484.46 over the remaining two years of the agreement for a total contract amount of $999,458.84. Furthermore, approval of this First Amendment is categorically exempt from environmental review in accordance with Section 15301, existing facilities. This section pertains to the maintenance of existing landscape facilities.

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ALTERNATIVES:

City Council may elect not to approve the First Amendment to Mariposa Landscapes, Inc. contract and provide alternative direction to staff.

STRATEGIC PLAN:

Supports Priority A, Objective 4: Enhance recreational program opportunities SUBMITTED BY:

Christopher Boatman, Assistant City Manager
RECOMMENDED BY:

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

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

Kathleen Giorgianni, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: 2023/2024
Revenue Generating: Y
Appropriation Required Y/N: YES
Amount: 999,458.38
Budgeted Y/N: Y
Account No.: 101303
Discussion:

The original Agreement was for an amount not to exceed $925,894.38 or $308,631.46 annually. The cost to add the Redlands Sports Complex to their existing Mariposa Landscapes, Inc. contract is $9,979.17 per month.

Additionally, the original Agreement included Orangewood High School baseball fields and Clement Middle School football fields, which will be removed with this amendment. The net result of these changes is an increase in the total contract amount for Mariposa Landscapes, Inc. for the remainder of their current contract to $999,458.84, an increase of $73,564.46 over the remaining two years of the Agreement.

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An additional appropriation from the unassigned fund balance in the General Fund is being requested to cover the additional cost, $73,564.46, for adding the Redlands Sports Complex to the sports fields maintenance agreement. The unassigned fund balance is estimated at $21.6 million at the end of Fiscal Year 2023.

Attachments
Mariposa Landscapes, Inc. Contract
Additional Appropriation
Mariposa Landscapes, Inc. First Amendment
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DATE
OF REQUEST:

An a
dditional appropriation is hereby requested as follows:

Department:

JUSTIFICATION:

Requested By:

Recommended By Finance Director: Recommended:

Yes No Signed
Comments: Approved by City Council:

Date:

Signed:

City Clerk
REVENUE APPROPRIATION INCREASE (if applicable)
EXPENDITURE APPROPRIATION INCREASE (if applicable)
$
-
$
-

TRANSACTION
NO:

ACCOUNTING PERIOD:

Acc
ount Description Orgkey Object Code Job Ledger (If
applicable) Amount
Job Ledger (If
applicable) AmountAccount Description Orgkey Object Code Department Head
City Manager
CITY

OF REDLANDS
REQ

UEST FOR ADDITIONAL APPROPRIATION
FINANC

E USE ONLY
Pag
e 1 of 1
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1 I:\cmo\Agreements\Mariposa Landscapes, Inc First Amendment FY22-0264.docx-ms

FIRST AMENDMENT TO AGREEMENT TO PERFORM NON-PROFESSIONAL

SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS

This first amendment (“First Amendment”) to the agreement for Sports Field Maintenance services (“Agreement”), dated June 7, 2022 , by and between the City of Redl ands, a municipal corporation and a general law city (“City”), and Mariposa Landscapes, Inc. , a California corporation (“Contractor”), is made and entered into this 3rd day of October, 2023.

RECITALS

WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement, specifically to add the Redlands Sports Complex location and remove Orangewood High School and Clement Middle school from the monthly sports field maintenance schedule.

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

AMENDMENT

Section 1. Section 5.1 of the Agreement, is hereby amended to read as follows:

The compensation for Contractor’s performance of the Services shall not exceed the amount of Three Hundred Eight Thousand Six Hundred Thirty -One Dollars and Forty-Six Cents ($308,631.46) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of Three Hundred Forty-Five Thousand Three Hundred Seventy-Three Dollars and Sixty- Nine Cents ($345,373.69) for the first Extended Term; and Three Hundred Forty-Five Thousand Three Hundred Seventy-Three Dollars and Sixty-Nine Cents ($ 345,373.69) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of Nine Hundred Ninety -Nine Thousand Three Hundred Seventy-Eight Dollars and Eighty -Four Cents ($999,378.84) For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not -to-exceed amount in accordance with the rates specified in Exhibit “C,” titled “Price and Fee Bid,” which is attached hereto and incorporated herein by reference.

Section 2. Exhibit “A” of the Agreement, entitled “Scope of Services,” is hereby amended and replaced in its entirety with Exhibit “A” to this amendment attached hereto as Attachment 1.

Section 3. Exhibit “C” of the Agreement, entitled “Fee Schedule / Price and Fee Bid,” is hereby amended and replaced in its entirety with Exhibit B to this amendment attached hereto as Attachment 2.

Section 4. All other provisions of the Agreement shall remain unchanged by this First Amendment and in effect.

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IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of October 3, 2023.

CITY OF REDLANDS MARIPOSA LANDSCAPES, INC.

________________________________ By: ________________________________ Eddie Tejeda, Mayor Terry Noriega, President

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk

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ATTACHMENT 1
EXHIBIT "A"

SCOPE OF SERVICES
Various maintenance items are performed weekly, while other maintenance items are performed semi-annually or 10 months per year, depending upon game schedules. The successful bidder will have ten (10) years of experience in maintaining similar sports fiel ds, all personnel providing on-site services will be required to wear company uniform shirts and photo ID badges.

Emergency Service response time must be no longer than 60 minutes from call to site arrival and may occur from time to time.

Tasks such as field striping, field dragging and infield leveling may be required on Saturdays and Sundays, depending upon game schedules. A schedule will be provided to contractor prior to issuance of Purchase Order.

All equipment, vehicles, fuel fees, trip charges, labor and materials, etc. are to be supplied by contractor and included in bid pricing.

Irrigation repairs up to $500.00 shall be performed by the contractor (time and material).

Contractor shall defer to city staff for irrigation repairs exceeding $500.00.

Pest control (gophers) and tree maintenance are not included in this Scope of Work. Please see definitions of service below:

PARK NAME LOCATION ACRES
Brookside Park 1631 Brookside Avenue 1.25
Texonia Park 1321 Texas Street 2.24
Crafton Park 1741 Independence Avenue 2
Israel Beal Park 140 W. Riverview Drive 1.42
Community Park 1535 N. Church Street 7.65
Redlands Sports Complex 1790 Dearborn Street 35

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ATTACHMENT 2
EXHIBIT “C”
(“Fee Schedule/ Price and Fee Bid”)

SPORTS FIELD MAINTENANCE

IRRIGATION REPAIRS ALL PARKS
Item
No. Brief Description
*A
Annual
Quantity
*B
Unit Price Per
Hour
*C
Total Price in
Figures
A1 Irrigation Repair 300 Hours $70.79 $21,237.00

IRRIGATION REPAIRS – HOURLY RATE TO INCLUDE PARTS AND LABOR Markup on Parts 15%

BROOKSIDE PARK (1.25 ACRES)

Item
No. Brief Description
*A
Annual
Quantity
*B
Unit Price
Per
*C
Total Price in Figures
B1
Turf Mowing, Edging, String
Trimming and Blowing 40 $48.84 $1953.73
B2 Irrigation Test/Monitor 40 $32.50 $1300.00
B3
Field Striping (performed 10
months per year, 4 times per
month)
40 $113.97 $4558.69
B4
Lighting Test/Monitor (once
monthly) 12 $47.50 $570.00
B5 Fertilizing 2 $728.34 $1456.68
B6 Aerification 1 $427.30 $427.30
B7 Verti-cutting 1 $2504.43 $2504.43
B8 Thatching 1 $2504.43 $2504.43
B9 Over-seeding 1 $3043.46 $3043.46
B10 Top Dressing 1 $1846.23 $1846.23
*"A" x "B" = "C"
TOTAL $20,124.95
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TEXONIA PARK (2.24 ACRES)
Item
No. Brief Description
*A
Annual
Quantity
*B
Unit Price
Per
*C
Total Price in Figures
C1
Turf Mowing, Edging, String Trimming and
Blowing 40 $90.65 $3626.11
C2 Irrigation Test/Monitor 40 $32.50 $1300.00
C
Field Striping (performed 10 months per
year, 4 times per month) 40 $211.52 $8460.93
C4 Lighting Test/Monitor (once monthly) 12 $87.50 $570.00 C5 Fertilizing 2 $1351.79 $2703.58
C6 Aerification 1 $0.0078475 $793.06
C7 Verti-cutting 1 $0.0459949 $4648.21
C8 Thatching 1 $0.0459949 $4648.21
C9 Over-seeding 1 $5648.66 $5648.66
C10 Top Dressing 1 $3426.60 $3426.60
*"A" x "B" = "C"
TOTAL $35,825.36

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CRAFTON PARK (2 ACRES)
Item
No. Brief Description
*A
Annual
Quantity
*B
Unit Price
Per
*C
Total Price in
Figures
D1
Turf Mowing, Edging, String Trimming and
Blowing 40 $77.76 $3110.33
D2 Irrigation Test/Monitor 40 $32.50 $1300.00
D3
Field Striping (performed 10 months per year, 4
times per month) 40 $181.44 $7257.44
D4 Lighting Test/Monitor (once monthly) 12 $47.50 $570.00 D5 Fertilizing 2 $1159.51 $2319.02
D6 Aerification 1 $680.26 $680.26
D7 Verti-cutting 1 $3987.04 $3987.04
D8 Thatching 1 $3987.04 $3987.04
D9 Over-seeding 1 $3426.60 $3426.60
D10 Top Dressing 1 $2939.19 $2939.19
*"A" x "B" = "C"
TOTAL $29,576.92

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ISRAEL BEAL (1.42 ACRES)
Item
No. Brief Description
*A
Annual
Quantity
*B
Unit Price
Per
*C
Total Price in
Figures
E1
Turf Mowing, Edging, String Trimming and
Blowing 40 $55.88 $2235.06
E2 Irrigation Test/Monitor 40 $32.50 $1300.00
E3
Field Striping/Infield Leveling/Dragging
(performed 10 months per year, 4 times per
month)
40 $130.38 $5215.14
E4 Lighting Test/Monitor (once monthly) 12 $47.50 $570.00 E5 Fertilizing 2 $833.22 $1666.44
E6 Aerification 1 $488.83 $488.83
E7 Verti-cutting 1 $2865.06 $2865.06
E8 Thatching 1 $2865.06 $2865.06
E9 Over-seeding 1 $3481.72 $3481.72
E10 Top Dressing 1 $2112.08 $2112.08
*"A" x "B" = "C"
TOTAL $22,799.39

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COMMUNITY PARK (7.65 ACRES)
Item
No. Brief Description
*A
Annual
Quantity
*B
Unit Price
Per
*C
Total Price in
Figures
F1
Turf Mowing, Edging, String Trimming and
Blowing 40 $241.48 $9659.22
F2 Irrigation Test/Monitor 40 $97.50 $3900.00
F3
Field Striping/Infield Leveling/Dragging
(performed 10 months per year, 4 times per
month)
40 $563.45 $22538.17
F4 Lighting Test/Monitor (once monthly) 12 $142.50 $1710.00 F5 Fertilizing 2 $3600.89 $7201.78
F6 Aerification 1 $2112.55 $2112.55
F7 Verti-cutting 1 $12381.88 $12381.88
F8 Thatching 1 $12381.88 $12381.88
F9 Over-seeding 1 $15046.85 $15046.85
F10 Top Dressing 1 $9127.74 $9127.74
*”A” x “B” = “C”
TOTAL $96,060.07

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REDLANDS SPORTS COMPLEX (35 ACRES)
Item
No. Brief Description
*A
Annual
Quantity
*B
Unit Price
Per
*C
Total Price in
Figures
G1 Turf Mowing, Edging, String Trimming and Blowing 40
$1,890
$
75,600.00
G2 Irrigation Test/Monitor 40
$65
$
2,600.00
G3
Field Striping (performed 10 months per year, 4 times
per month) 40
$540
$
21,600.00
G4 Lighting Test/Monitor (once monthly) 12
$45
$
540.00
G5 Fertilizing 2
$1,300
$
2,600.00
G6 Aerification 1
$900
$
900.00
G7 Herbicide/pesticide application 2
$970
$
1,940.00
G8 Verti-cutting 1
$2,950
$
2,950.00
G9 Thatching 1
$2,950
$
2,950.00
G10 Over-seeding 1
$4,350
$
4,350.00
G11 Top Dressing 1
$3,720
$
3,720.00
*”A” x “B” = “C”
TOTAL $119,750.00

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LOCATION ANNUAL SUBTOTALS
A Irrigation Repairs $21,237.00
B Brookside Park $20,124.95
C Texonia Park $35,825.36
D Crafton Park $29,576.92
E Israel Beal Park $22,799.39
F Community Park $96,060.07
G Redlands Sports Complex $119,750.00
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City Council/Successor Agency Meeting M. 5.

DATE: 10/03/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the First Amendment to the Agreement with SDI Presence LLC for IT Support Services to increase the total compensation amount of $500,000 by an additional $250,000 for a total aggregate amount not-to-exceed $750,000, and approve an additional appropriation of $250,000 to fund the IT design and planning services related to State Street City Hall and PD Safety Hall (Management Services/Finance Director Garcia)
MOTION(S):

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

I move to approve the First Amendment to the Agreement with SDI Presence LLC to include IT design services for the new City Hall and Police Department (PD) Safety Hall facilities in the amount of $250,000; and

1. I further move to approve an additional appropriation of $250,000 from the General Fund's Future Facilities Reserve to fund the first amendment in the City/Safety Hall Capital Projects Fund (406).

2. RECOMMENDATION:

Staff recommends that the Council approve the first amendment to the agreement with SDI Presence LLC for IT Support Services to include IT design services for the new City Hall and PD Safety Hall facilities in the amount of $250,000 for a total aggregate amount of $750,000, and authorize an increase in appropriations in the City Hall/Safety Hall Fund (406) of $250,000 to be offset by a release from the General Fund's Future Facilities Reserve.

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DISCUSSION:

In late 2021 and early 2022, the City acquired two strategically important properties: 300 East State Street, earmarked for the new City Hall, and 1625 West Redlands Boulevard, designated as the future site of the new PD Safety Hall. The development of these pivotal facilities will require thorough evaluation, design, and planning. This comprehensive effort encompasses elements of Information Technology (IT) and network infrastructure, which are vital for facilitating the needs of both buildings.

The building design, architecture, and construction management are managed separately from the IT design aspect. The specialization of IT services required for the new buildings exceeded the capacity that the architectural firms could manage internally, necessitating the outsourcing of these specialized tasks to subcontractors. Another option was for the City to contract directly for these services.

On November 1, 2022, the Council granted its approval for an agreement with SDI Presence LLC to provide an array of IT support services. Originally, the scope of this engagement was limited to project-based and routine operational support, including server maintenance, administration of Microsoft Office 365, network management and administration, augmentation of security protocols, as well as IT project management.

Having collaborated closely with our IT personnel and becoming familiar with our existing technology landscape over the past year, SDI Presence is well-positioned to perform the additional work of planning and design of the new IT infrastructure for the new facilities. Their professional rigor and acquired knowledge of the existing IT landscape of the City make them a compelling choice for this work. Consequently, it is staff's recommendation to amend the City’s existing agreement with SDI Presence LLC to meet these pressing infrastructure demands.

The additional scope will include, but is not limited to:

IT Infrastructure Assessment: Evaluating the existing IT infrastructure to provide recommendations for the new buildings.

1. Network Design: Architecting a secure and robust network to support the City's and RPD's operational needs.

Includes development of recommended standards for network, wiring, security, etc.
a.

Includes development of access control recommendations and procurement assistance
b.

Includes assistance with the move/upgrade/migration of the existing phone system, including procurement assistance
c.

2. Security Protocols: Recommending and setting up security measures to3.

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protect the City's data and infrastructure.

Vendor/External Agency Coordination: Coordinating with other vendors/external agencies to ensure seamless integration/move of all systems.

4. The original agreement with SDI Presence was for a three (3) year term with two (2) one-year options to renew. The total compensation of the original agreement was not to exceed $500,000. The proposed amendment increases the contract by $250,000, bringing the total contract value to $750,000 with a term that would end, if all options to extend are used, on October 31, 2027.

ALTERNATIVES:

The Council may choose not to approve the amendment to the agreement with SDI Presence. However, this would have an adverse impact on the timeline for both City Hall and PD Safety Hall design and planning phases.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

Danielle Garcia, Management Services/Finance Director
RECOMMENDED BY:

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Fiscal Impact
Fiscal Year: FY 2024
Appropriation Required Y/N: Yes
Amount: 250,000
Budgeted Y/N: N
Account No.: 604900
Discussion:

Funding for these services will be offset by a release in the Future Facilities Reserve in a corresponding amount for the expanded scope of work items covered by this amendment, up to $250,000. Only actual expenses incurred will be reimbursed from the Reserve for Future Facilities.

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Attachments
First Amendment Agreement SDI Presence
Original Agreement - SDI Presence LLC - November 2022
Additional Appropriation Form
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FIRST AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This first amendment (“First Amendment”) to the agreement for IT Support S ervices (“Agreement”), dated November 1, 2022 , by and between the City of Redl ands, a municipal corporation and a general law city (“City”), and SDI Presence LLC, a Delaware Limited Liability Company (“Consultant”), is made and entered into this 3rd day of October, 2023.

RECITALS

WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement, specifically to Article 5.1 to increase the not -to-exceed payment amount to the consultant from five hundred thousand dollars ($500,000) to seven hundred and fifty thousand dollars ($750,000), and to Exhibit “A” – Scope of Services to incorporate the planning and desi gn work for the new City Hall and PD Safety Hall facilities.

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

AGREEMENT

Section 1. Section 5.2 of the Agreement, entitled “ Compensation”, is hereby amended to read as follows:

5.2 Total compensation for Consultant’s performance of the Services shall not exceed the amount of seven hundred and fifty thousand dollars ($750,000) over the Initial and Renewal Terms. City shall pay Consultant on a time and material basis in accordance with Exhibit “B,” titled “ Rate Schedule,” which is attached hereto and incorporated herein by this reference.”

Section 2. Exhibit “A” entitled “Scope of Services” and as described in Article 2.1 is hereby replaced with a new Exhibit “ A”, which is attached hereto and incorporated herein and into the Agreement by this reference.

Section 3. All other provisions of the Agreement shall remain unchanged by this First Amendment and in effect.

SIGNATURES ON NEXT PAGE

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IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of October 3, 2023.

CITY OF REDLANDS SDI PRESENCE LLC

________________________________ By: ________________________________ Eddie Tejeda, Mayor Sharee L. Wolff, CFO

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk

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EXHIBIT “A”

SCOPE OF SERVICES
(Amended)

Overview of Proposed Services

1. SDI personnel will perform a comprehensive assessment of the current state of the environment.

This assessment includes, but is not limited to, system scans, deployment of host -based monitoring and reporting tools, and hands -on inspection of infrastructure devices. The resul ting baseline snapshot includes an inventory of computer hardware including virtualized assets, software including version details, and network infrastructure devices including interconnection details. This initial assessment is intended to help gauge devi ations from generally accepted information technology management best practices.

2. The SDI management team, along with key SDI personnel, will interview organizational stakeholders to document historical challenges, current operations, and discuss departmental objectives requiring IT solutions and support.

3. SDI will produce a comprehensive report for your management that includes the baseline snapshot information, summary of stakeholder discussions, and recommendations for short-term corrective measures and long -term solutions targeting optimal IT operations to meet organizational objectives. In summary, this report helps support the development of a guide for system management services and serves as supporting documentation for an IT Master Plan. Note that recommendations may also include reduction or expansi on of specific hardware/ software platforms, modifications to currently employed technologies, and augmentation/training for staff.

All recommendations are substantiated with information gathered throughout the assessment.

4. SDI will support the IT Design Services for the new City Hall and PD Safety Hall facilities, including project management, development of procurement documents, infrastructure assessment, developing a list of recommended standards, and system design and documentation.

Specific Services Included

Server Support

SDI’s server support methodology is integrated within the overall endpoint management practices described below in the Managed Services Technology section. In general, SDI typically furnishes clients with an Information Technology Service Management solution to increase the efficiency and effectiveness of the entire service offering. This host-based continuous monitoring agent, installed on each computer endpoint, conducts environmental data collection and provides a centralized IT management portal.

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Services management such as Active Directory, DHCP, DNS, Group Policy, Print and Document Services, 115, Windows Deployment Services, and Windows Server Update Services are all managed as a part of the core operations for all environments.

SDI will implement a monthly patch management schedule for server operating systems wherein select non-critical servers will receive operating system and application patches as a part of a test group. In the event these servers experience problems with the patches, a rollback process will be enacted. If no problems are identified, the patches will be applied to the remaining servers.

Office 365 Administration

Procurement
SDI will assist with the procurement of Microsoft licensed products by leveraging existing Enterprise Agreements previously negotiated by larger organization(s) to obtain favorable pricing not typically available to smaller local government organizations.

Modernization
SDI will transition the City’s email system from a version-based Microsoft Office model to software as a service with subscription-based Office 365 hosted on Microsoft 365 Government Community Cloud (GCC), including Microsoft-hosted email solutions, Active Directory/ Azure synchronization, OneDrive, SharePoint Online, and Teams.

Administration
SDI will perform conversions/migrations for Microsoft 365 as well as ongoing management of existing 365 environments. Typical administration begins with the information management policy development and configuration for new environments, or policy assessment in collaboration with organizational stakeholders for existing environments. Examples of policy considerations vary widely from on-premises only office productivity suites.

SDI will configure municipal client hosted environment within the Microsoft 365 Government Community Cloud (GCC) which provides compliance with federal requirements for cloud services, including FedRAMP High, Defense Federal Acquisition Regulations Supplement (DFARS), and requirements for criminal justice and federal ta x information systems (CJI and FTI data types).

Network Administration

SDI can and will manage numerous firewalls from manufacturers such as Cisco, Fortinet, Sonicwall; site- to site VPNs, and remote-access VPNs leveraged for both border security and internal segmentation at several sites. Additionally, SDI can migrate clients to application-layer/ next-generation firewalls (NGFW) to provide a more unified threat management platform that includes application-layer visibility Redlands Regular Meeting of 10-3-23
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to increase understanding of application traffic, expanded traffic control options beyond blunt allow/deny, reduction of threat vectors, improved performance and security, and simplified management.

Network infrastructure monitoring and alerting is typically performed using a mixed on-premises and cloud-based network monitoring tool to perform continuous monitoring of network devices and traffic.

This service provides:
• A real-time view of the City's network, including all the devices and interconnections • A real-time inventory of all the technology on the City's network • Automated backups of network infrastructure configurations • 24/7 proactive infrastructure monitoring and alerting • Automated troubleshooting tools and secure remote access to the City's infrastructure devices • Performance reports

Security Administration

SDI can establish a robust and layered security model when feasible. Details of the City's existing INFOSEC model are purposely excluded from this document to preserve the integrity of that model. In general terms, SDI will develop a comprehensive INFOSEC proposal to address any observed deficiencies in the City's adherence to a generally accepted risk management framework applicable to government-owned systems. Labor hours to implement INFOSEC recommendations by SDI included within the scope of services. There is, however, the potential for additional software, hardware, and licensing costs that must be borne by the City to proceed. The proposal will include assessment of existing, and recommendations to implement, the following technologies:

• Intrusion detection system/intrusion prevention system (IDS/IPS) • Security information and event management (SIEM)
• Audit logging and correlation of compatible computer systems • Audit logging and correlation of compatible network infrastructure equipment • Endpoint security [e.g., firewall, anti-virus, anti-malware, application whitelisting, etc.] • Vulnerability assessment and management
• Disaster planning [e.g., IT contingency planning, continuity of operations, etc.]

Managed Services Technology

SDI will furnish the City with an Information Technology Service Management (ITSM) solution to increase the efficiency and effectiveness of the entire service offering. This ITSM employs a host-based continuous monitoring agent, installed on each computer endpoint, to conduct environmental data collection and centralize IT management. This highly configurable agent improves the efficiency of IT management through:

• Centralized remote administration, support, and power management • Customized continuous monitoring and alerting
• Operating system patch-level monitoring and management • Endpoint status reporting and alerting
• Inventory tracking
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The monitoring and alerting feeds into the helpdesk ticket and resolution tracking component, thereby automating the tracking of system-generated alerts. Desktop endpoint management services typically include setup and configuration of desktops; ongoing hardware diagnostics and support of all desktops, printers, and other peripherals; maintenance of operating system and application patch levels in accordance with agreed-upon outage schedules; installation, upgrades, and troubleshooting of software as required; maintenance of accurate hardware and software inventories; performance of minor hardware installations and modifications on IT equipment. Server endpoint management services typically include the same as desktop endpoints with the addition of administration of server-based file systems to ensure that access to organizational data is secure and available for authorized users/groups, administration of Active Directory, enterprise application support.

Typical monthly patch management schedules include select users and systems that receive the operating system and application patches as a part of a test group. In the event these users experience problems with the patches, a rollback process will be enacted. If no problems are identified, the patches are applied to the remaining workstations.

Project Management

SDI will provide a comprehensive suite of project management and IT services to the City. The scope of services provided include specialized planning and management of mission-critical public safety applications, large-scale software and hardware upgrade/replacement projects, custom software development, data-center operations, and routine O&M. The scope of support levels ranges from supplemented IT support, wherein SDI provides part-time/full-time IT professionals to supplement municipal IT staff as needed, to full-service IT support, wherein SDI provides full-time IT consultants to lead IT operations, and project managers for consultative technical implementations.

Projects range from conception, wherein SDI performs technology assessments and strategic planning, to full implementation wherein SDI assumes control of in progress projects, and SDI can execute full life- cycle projects identified post-assessment.

Law Enforcement Mobile Data Computing

SDI can provide MDC tier 1-3 support 24/7/365 for many Southern California Law Enforcement agencies. All of SDI employees will meet CJIS security requirements and have passed an extensive background check similar to that conducted by law enforcement. SDI will apply its extensive knowledge of all aspects of MDCs for law enforcement use including Microsoft operating systems for PC and servers, Office 365, mobile device management software, image creation for fast and efficient hardware deployment/restore, VPN in a mobile environment, and CAD/RMS systems to name a few. SDI will employ certified Spillman technicians supporting several Spillman clients.

SDI will employ its extensive experience with the design and deployment of the MDC in-vehicle and backbone hardware and software for law enforcement applications.

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Additional Services Included:

IT Design services for the new City Hall and PD Safety Hall

• Assistance for City Hall and for the Safety Building facility tenant improvements. • Assist and advise City IT, police, police dispatch, and project Staff, project architect(s). • Assist in development of construction RFPs, selection of contractors. • Assist City Staff in IT aspects of project management for construction. • IT design input toward the building tenant improvements and facility moves. • A listing of recommended standards, policies, procedures needed to execute this project and that benefit future ongoing operations, such as wiring standards, equipment standards, technology acceptable use, security policies. Develop draft documents for those identified and agreed upon.
• Project management assistance. No project plan deliverables provided by SDI. • IT integration in building, space planning, local and internet wiring. Or work with the architects' structured cabling design groups.
• Assistance in HVAC, but final recommendation toward construction to be by the project architect and/or electrical engineer and contractor. SDI to provide IT needs and written recommendations.
• Power, but final recommendations toward construction to be provided by the project architect and/or electrical engineer and contractor. SDI to provide IT needs and written recommendations.
• Fire suppression, but final recommendations to be provided by Fire Life Safety engineers. • Camera Systems for both City Hall and PD; work with departments to develop specifications and RFP.
• Access controls for both City Hall and PD; work with departments to develop access groups and access doors. Develop RFP for access control installation or work with the City's existing contractor.
• Coordinate with the City's 911 carrier to move the PSAP 911 circuits. • Coordinate antenna/radio tower moves from existing location at PD to new PD Safety Hall. • Coordinate with the City's police department-located equipment moves, that belongs to others - Sheriff, OES, etc.
• Coordinate with the City's 911 console provider. Note we determined 911 funding will not be available until the end of the project, just prior to the anticipated move-in dates. The new console is thought to be installed in the new PD.
• Coordination with the City's radio system contractors - Public Works' LMR and Safety. Note SDI does not have in-house radio system expertise, only working knowledge. • Assist the City's AV engineering/contractor in relocation of Council Chambers audio/video collection, streaming and storage, as required.
• Assist in conceptual design of the phone system move and/or migration and upgrade. Assist development of an RFP if necessary.
• Coordination to include considerations for housing or accessing the City's traffic systems, fleet management, fueling, airport weather, control systems (water, sewer SCADA), cashiering/credit card systems, including server or network assets and radio connectivity as needed. • Deliver final network schematic and documentation upon project completion.

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AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreementfor the provision of IT Support Services ("Agreement") is made and enteredin this 1st day of November, 2022 (" Effective Date"), by and betweenthe City of Redlands, a municipal corporation (" City") andSDI PresenceLLC, aDelawareLimited Liability Company (" Consultant"). City andConsultantaresometimesindividually referred tohereinasa Party" and, together, asthe " Parties." In considerationof the mutual promisescontainedherein, City and Consultantagreeasfollows:

ARTICLE 1— ENGAGEMENT OF CONSULTANT

1. 1 City herebyengagesConsultantto provideProject -basedIT Support servicesfor City the " Services").

1.2 The Servicesshall be performed by Consultantin a professionalmanner, and Consultant representsthat it has the skill and the professionalexpertisenecessaryto provide the Servicesto City at a level of competencypresentlymaintainedby otherpracticing professionalconsultantsin theindustryproviding like andsimilar typesof Services.

ARTICLE 2 — SERVICES OF CONSULTANT

2. 1 The Servicesthat Consultant shallperform are more particularly describedin Exhibit A," titled " Scope of Services," which is attachedheretoandincorporated hereinby this reference.

2.2 Consultant shall comply with applicable federal, stateand local laws and regulations in the performanceof this Agreement including, but not limited to, any applicable State prevailing wagelaws.

ARTICLE 3 — RESPONSIBILITIES OF CITY

3. 1 City designatesDanielleGarcia, ManagementServicesDirector, asCity'srepresentative with respectto performanceof the Services, andsuchpersonshallhavetheauthorityto transmit instructions, receive information, interpret and define City' s policies and decisionswith respectto performanceof the Services.

4. 1
ARTICLE 4 — PERFORMANCE OF SERVICES
The term of this Agreementshall be for a period of three (3) yearsfrom the Effective Date of this Agreement ( the " Initial Term"). The City shall have the option to extendthe Initial Term of this Agreementby two (2) additionalone-yearterms (each, an "Extended Term"), on the sameterms and conditions, by providing written notice to Consultant at leastthirty (30) daysprior to theexpirationof theInitial Termor anyExtendedTerm. 1 L:\ca\Agreements\SDI_PresenceAgreement-FY22-0041.doc-jm Redlands Regular Meeting of 10-3-23
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4.2 If Consultant's Servicesincludedeliverable electronicvisualpresentationmaterials, such materialsshallbedeliveredin aform, andmadeavailableto City, consistentwith City Council -adoptedpolicy for the same. It shallbe the obligation of Consultantto obtaina copy of suchpolicy from City staff.

ARTICLE 5 — PAYMENTS TO CONSULTANT

5. 1 Compensation:

5. 2
The compensationfor Consultant's performanceof the Servicesshall not exceedthe amount of Three Hundred Thousand dollars ($ 300,000) for the Servicesprovidedduring the Initial Term. Should this Agreement be extended, the compensation for Consultant' s performance for the Services shall not exceed the amount of One Hundred Thousand dollars ($ 100, 000) for the first Extended Term; and One Hundred Thousand dollars 100, 000) for the second Extended Term, bringing the total possible amount of compensation to a not -to -exceed amount of Fine Hundred Thousand dollars ($ 500, 000).

Forthe Initial Termand eachExtendedTerm, City shallpayConsultanton a time and materials basis up to the not to not - to -exceed amount in accordance with the rates specified in Exhibit " B," titled " Rate Schedule," which is attached hereto and incorporated hereinby this reference.

5. 3 Consultantshall submitmonthlyinvoicesto City describingthe Servicesperformed during the precedingmonth. Consultant's invoices shall include abrief description of the Servicesperformed, the datesthe Serviceswereperformed, the numberof hours spent andby whom, anda descriptionof reimbursableexpensesrelatedto theServices. City shallpayConsultantnolaterthanthirty (30) daysafterreceiptandapprovalby Cityof Consultant' s invoice.

5.3 Any notice or othercommunicationrequired, or which may be given, pursuantto this Agreement, shallbein writing. Any suchnotice shallbe deemeddelivered (i) on the date of delivery in person; (ii) five ( 5) days after deposit in first classregisteredmail, with return receipt requested; ( iii) on the actualdelivery dateif depositedwith an overnight courier; or (iv) onthe datesentby facsimileor electronicmailtransmission (including PDF), if confirmedwith a copy sent contemporaneouslyby first class, certified, registered or express mail; in each caseproperly posted and fully prepaid to the appropriateaddresssetforthbelow, orsuchotheraddressasaParty mayprovidenotice in accordance with this section:

CITY:

City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
[email protected]
Phone: ( 909) 798- 7531
2 L:\ca\Agreements\SDI_PresenceAgreement-FY22-0041.docjm CONSULTANT:

Sharee L. Wolff, CFO
SDI Presence LLC
200 E. Randolph Street, Suite 3550
Chicago, IL 60601
swolff@sdipresence. com
Phone:( ( 312) 580- 7500
Fax: ( 312) 580- 7600
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ARTICLE 6 — INSURANCE AND INDEMNIFICATION

6. 1 The following insurancecoveragerequiredby this Agreement shallbe maintainedby Consultant for the duration of its performance of the Services. Consultant shall not performanyServicesunlessanduntil therequiredinsurancelistedbelowis obtainedby Consultant. Consultant shallprovide City with certificatesof insuranceand endorsements evidencingsuchinsuranceprior to commencementof the Services. Insurancepolicies shall includea provisionprohibiting cancellationor modificationof the policy except uponthirty (30) daysprior written noticeto City.

A. Workers' CompensationandEmployer's Liability insurancein theamountthatmeets statutoryrequirementswith an insurancecarrier acceptableto City, or certification to City that Consultantis self -insured or exempt from the workers' compensationlaws of the Stateof California. Consultantshall executeandprovide City with Exhibit " C titled " Workers' Compensation Insurance Certification," which is attached hereto andincorporatedherein bythis reference, prior to performanceof theServices.

B. ComprehensiveGeneralLiability insurancewith carriersacceptableto City in the minimum amount of One Million Dollars ($ 1,000,000) per occurrence and Two Million Dollars ($ 2, 000, 000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insuranceshall be primary and non-contributingto any insuranceor self-insurance maintained by City.

C. Consultantshall secureand maintain professionalliability insurancethroughout the term of this Agreement in the amount of One Million Dollars ($ 1,000, 000) per claim made.

D. Business Auto Liability coverage, with minimum limits of One Million Dollars 1,000, 000) per occurrence, combined single limit bodily injury liability and property damageliability. This coverageshall include all Consultant owned vehicles usedin connectionwith Consultant'sprovisionof the Services, hired andnon -owned vehicles, andemployee non -ownershipvehicles. City shallbe namedasanadditional insuredandsuchinsuranceshallbeprimary andnon-contributingto anyinsuranceor self-insurancemaintained byCity.

E. Consultantis expresslyprohibited from assigningor subcontractingany of the Serviceswithout the prior written consentof City. In the event of mutual agreement by the Partiesto assignor subcontractaportion of the Services, Consultantshall add suchassigneeor subcontractoras an additionalinsuredto the insurancepolicies requiredherebyand provide City with the insuranceendorsementsprior to any Servicesbeingperformedby the assigneeor subcontractor.

6. 2 Consultantshall defend, indemnify andhold harmlessCity and itselectedandappointed officials, employees andagentsfrom andagainstany andall claims, lossesor liability, 3 L:\ca\Agreements\SDI_PresenceAgreement-FY22-0041.doc-jm Redlands Regular Meeting of 10-3-23
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includingattorneys' fees, arisingfrom injury or deathto personsor damageto property occasionedby any negligent act or omissionby, or the willful misconductof, Consultant, or its officers, employeesandagentsin performingthe Services.

ARTICLE 7 — CONFLICTS OF INTEREST

7. 1 Consultantcovenantsand representsthat it doesnot have any investmentor interest in any real property that may be the subjectof this Agreementor any other sourceof income, interestin real propertyor investmentthat would be affectedin any manneror degree by the performance of Consultant's Services. Consultant further covenants and representsthat in the performanceof its dutieshereunder, no personhavingany such interest shall perform any Servicesunder this Agreement.

7. 2 Consultantagreesit is not a designatedemployeewithin the meaningof the Political Reform Act because Consultant:

A. Does not make a governmental decision whether to:
i) approvea rate, rule or regulation, oradoptor enforcea City law; ii) issue, deny, suspendor revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; iii) authorizeCity to enterinto, modify or renewacontract; iv) grantCity approvalto acontractthat requiresCity approvalandto which City is aparty, or to the specificationsfor sucha contract; v) grantCity approvalto aplan, design, report, studyor similar item; vi) adopt, or grantCity approvalof, policies, standardsor guidelinesfor City or for any subdivision thereof.

B. Doesnot servein a staff capacitywith City and in that capacity, participatein makinga governmentaldecisionor otherwiseperformthe sameor substantially the sameduties for City that would otherwisebe performed by an individual holding aposition specified in City' s Conflict of InterestCodeunder Government Code section 87302.

7. 3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statementof Economic Interests, with the City Clerk' s office pursuant to the written instructionsprovidedby theCity Clerk.

ARTICLE 8 — GENERAL CONSIDERATIONS

8. 1 In the event any action is commencedto enforce or interpret any of the terms or conditionsof this AgreementtheprevailingParty shall, in additionto anycostsandother relief, be entitled to the recoveryof its reasonableattorneys' fees, including feesfor the useof in-housecounselby aParty.
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8. 2 Consultant shall notassignany of the Services, exceptwith the prior written approvalof City and in strict compliancewith the termsand conditionsof this Agreement. Any assignmentor attempted assignmentwithout suchprior written consentmay, in the sole discretion of City, result in City' simmediatetermination of this Agreement.

8. 3 Consultantis for all purposesunder this Agreement an independentcontractor and shall perform the Servicesas an independentcontractor. Neither City nor any its agentsshall have control over the conduct of Consultant or Consultant' s employees, except as herein set forth. Consultant shall supply all necessarytools and instrumentalities required to perform the Services. Assigned personnelemployed by Consultantare for its account only, andin no eventshall Consultantor personnelretainedby it bedeemedto havebeen employed byCity or engagedby City for theaccountof, or onbehalfof City. Consultant shall haveno authority, expressor implied, to act on behalf of City in any capacity whatsoeveras an agent, nor shall Consultanthaveany authority, expressor implied, to bind City to any obligation.

8. 4 This Agreementmaybeterminatedby City, in its solediscretion, by providingnot less than five (5) daysprior written notice to Consultantof City' s intentto terminate. If this Agreement is terminated by City, an adjustmentto Consultant's compensation shallbe made, but ( 1) no amount shallbe allowed for anticipatedprofit or unperformedServices, and (2) any paymentdue Consultantat the time of terminationmay be adjusted tothe extent of any additional coststo City occasionedby any default by Consultant. Upon receiptof a terminationnotice, Consultantshallimmediatelydiscontinueits provisionof the Services and, within five ( 5) days of the date of the termination notice, deliver or otherwisemakeavailableto City, copies (in both hard copy andelectronicform, where applicable) of project related data, designcalculations, drawings, specifications, reports, estimates, summariesand such other information and materials as may have been accumulatedby Consultant in performing the Services. Consultant shall be compensated on apro-ratabasisfor Servicescompletedup to thedateof termination.

8. 5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documentsevidencingcostsandexpensesrelatedto the Servicesfor aperiodof three (3) years, or for any longer period required by law, from the date of final paymentto Consultant pursuant to this Agreement. Such books shall be available at reasonabletimes for examinationby City at the office of Consultant.

8. 6 This Agreement, including the Exhibits incorporated hereinby reference, representsthe entire agreementand understandingbetweenthe Parties as to the matters contained herein, andanyprior negotiations, written proposalsor verbalagreementsrelatingto such mattersaresupersededby thisAgreement. Exceptasotherwiseprovidedfor herein, any amendmentto this Agreementshallbe in writing, approvedby City andsignedby City and Consultant.

8. 7 This Agreement shall be governed by and construed in accordancewith the laws of the Stateof California, without regardto its conflicts of laws provisions. The Partiesagree that all actions or proceedingsarising in connectionwith this Agreementshall be tried 5 L:\ca\Agreements\SDI_PresenceAgreement-FY22- 0041.doc-jm Redlands Regular Meeting of 10-3-23
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andlitigated onlyin thestatecourtslocatedin SanBernardinoCounty, California, and the federalcourtslocatedin RiversideCounty, California.

8. 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement andshallnot affect, impair or invalidatetheremainingsentences, clauses, paragraphsor sectionscontained herein, unlessto do sowould deprive a Party of a material benefit of its bargain under this Agreement.

IN WITNESS WHEREOF, dulyauthorizedrepresentativesof City andConsultanthave signed in confirmation of this Agreement.

Paul T. Barich, Mayor
ATTEST:
anneDonaldson, CityClerk
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EXHIBIT " A"

SCOPE OF SERVICES
Overview of Proposed Services

1. SDI personnel will perform a comprehensive assessmentof the current state of the environment. This assessment includes, but is not limited to, system scans, deployment of host -basedmonitoring and reporting tools, and hands-on inspection of infrastructure devices. The resulting baselinesnapshotincludes an inventory of computer hardware including virtualized assets, software including version details, and network infrastructure devices including interconnection details. This initial assessment is intended to help gauge deviations from generally acceptedinformation technology managementbestpractices.

3. SDI will producea comprehensivereport for your managementthat includes the baseline snapshotinformation, summary of stakeholderdiscussions, and recommendationsfor short-term corrective measuresand long-term solutions targeting optimal IT operations to meet organizational objectives. In summary, this report helps support the developmentof a guide for systemmanagementservicesand servesas supporting documentationfor an IT Master Plan. Note that recommendationsmay also include reduction or expansion of specific hardware/ software platforms, modifications to currently employed technologies, and augmentation/ training for staff. All recommendations are substantiated with information gathered throughout the assessment.

Specific Services Included
Server Support
SDI' s server support methodology is integrated within the overall endpoint management practicesdescribedbelowin theManagedServicesTechnologysection. In general, SDItypically furnishes clients with an Information Technology Service Managementsolution to increasethe efficiencyandeffectivenessof theentire serviceoffering. Thishost -basedcontinuousmonitoring agent, installedon eachcomputerendpoint, conductsenvironmentaldatacollectionandprovides a centralized IT managementportal.

SDI will perform initial assessmentsof hardware problems as well as basic upgrades (RAM, storage, controller cards), howeveron -sitetechniciansgenerallydeferto manufacturerwarranty coverage for hardware failures.
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ServicesmanagementsuchasActive Directory, DHCP, DNS, GroupPolicy, PrintandDocument Services, 115, Windows Deployment Services, and Windows Server Update Services are all managedasa part of the core operations for all environments.

SDIwill implementamonthlypatchmanagementschedulefor serveroperatingsystemswherein selectnon -criticalserverswill receive operatingsystemandapplicationpatchesasapartof atest group. In theeventtheseserversexperienceproblemswith thepatches, arollbackprocesswill be enacted. If noproblemsareidentified, the patcheswill beappliedto theremainingservers.

Office 365 Administration
Procurement
SDIwill assistwith theprocurementof Microsoftlicensed productsby leveragingexisting Enterprise Agreementspreviously negotiatedby larger organization(s) to obtain favorable pricing not typically availableto smallerlocal governmentorganizations.

Modernization
SDI will transitionthe City' semail systemfrom aversion -basedMicrosoft Office modelto software as a service with subscription - based Office 365 hosted on Microsoft 365 Government Community Cloud (GCC), includingMicrosoft -hostedemail solutions, Active Directory/ Azure synchronization, OneDrive, SharePoint Online, and Teams.

Administration
SDIwill performconversions/migrationsfor Microsoft365aswell asongoingmanagementof existing 365 environments. Typical administration begins with the information management policy developmentandconfigurationfor newenvironments, orpolicy assessmentin collaborationwith organizationalstakeholdersforexistingenvironments. Examplesof policy considerationsvarywidely from on -premisesonly officeproductivitysuites.

SDI will configure municipal client hosted environment within the Microsoft 365 Government Community Cloud (GCC) which provides compliancewith federal requirementsfor cloud services, including FedRAMP High, Defense FederalAcquisition Regulations Supplement DFARS), andrequirementsfor criminal justice andfederalto x information systems (CJI and FTI data types).

Network Administration
SDI can and will manage numerous firewalls from manufacturers such as Cisco, Fortinet, Sonicwall; site -to- siteVPNs, andremote -accessVPNsleveragedfor bothbordersecurityand internalsegmentationat several sites. Additionally, SDI canmigrate clientsto application -layer/ next - generationfirewalls (NGFW) toprovideamoreunifiedthreatmanagementplatformthat includesapplication - layervisibility to increaseunderstandingof applicationtraffic, expanded traffic control optionsbeyondblunt allow/deny, reductionof threatvectors, improved performance andsecurity, andsimplified management.
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Networkinfrastructuremonitoringandalertingistypicallyperformedusingamixedon -premises andcloud -basednetworkmonitoringtool to performcontinuousmonitoringof networkdevices andtraffic. This serviceprovides:

A real-time view of the City'snetwork, including all the devicesandinterconnections A real-time inventory of all thetechnologyon the City's network Automated backups of network infrastructure configurations 24/7 proactive infrastructuremonitoring and alerting
Automatedtroubleshootingtools andsecureremoteaccessto the City'sinfrastructure devices
Performance reports
Security Administration
SDIcanestablisharobustandlayeredsecurity modelwhenfeasible. Detailsof theCity's existingINFOSECmodelarepurposelyexcludedfromthis documentto preservetheintegrityof thatmodel. In generalterms, SDIwill developa comprehensiveINFOSECproposalto address anyobserveddeficienciesin the City'sadherenceto agenerallyacceptedrisk management framework applicable to government -owned systems. Labor hours to implement INFOSEC recommendationsby SDI includedwithin the scopeof services. Thereis, however, thepotential for additional software, hardware, andlicensingcoststhatmustbeborneby theCity to proceed.

Theproposalwill include assessmentof existing, andrecommendationsto implement, the following technologies:

Intrusiondetectionsystem/intrusionpreventionsystem (IDS/IPS) Security information andevent management (SIEM)
Audit logging andcorrelation of compatible computer systems Audit logging andcorrelation of compatible network infrastructure equipment Endpointsecurity [e.g., firewall, anti -virus, anti-malware, applicationwhitelisting, etc.] Vulnerability assessmentand management
Disasterplanning [e.g., IT contingencyplanning, continuity of operations, etc.] Managed Services Technology
SDI will furnish the City with anInformation TechnologyServiceManagement (ITSM) solution to increase theefficiency andeffectivenessof the entireserviceoffering. This ITSM employsa host -basedcontinuous monitoring agent, installed on eachcomputer endpoint, to conduct environmentaldatacollectionandcentralizeIT management. This highly configurableagent improves the efficiency of IT managementthrough:

Centralizedremoteadministration, support, andpowermanagement Customizedcontinuousmonitoring andalerting
Operatingsystempatch -level monitoring andmanagement
Endpoint statusreporting and alerting
Inventory tracking
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Themonitoring andalertingfeedsinto the helpdeskticket andresolutiontracking component, therebyautomatingthe tracking of system -generated alerts. Desktop endpointmanagement servicestypically include setupandconfigurationof desktops; ongoinghardwarediagnosticsand supportof all desktops, printers, andotherperipherals; maintenanceof operatingsystemand application patch levels in accordancewith agreed -upon outage schedules; installation, upgrades, andtroubleshooting of softwareasrequired; maintenanceof accuratehardwareand softwareinventories; performanceof minor hardwareinstallations andmodifications on IT equipment. Serverendpointmanagementservicestypically includethe sameasdesktop endpoints with the addition of administration of server -based file systems to ensure that access to organizationaldatais secureandavailable for authorizedusers/groups, administrationof Active Directory, enterprise application support.

Typical monthly patchmanagementschedulesinclude selectusersandsystemsthat receivethe operatingsystemandapplicationpatchesasapartof atestgroup. In the eventtheseusers experience problems
with thepatches, arollbackprocesswill beenacted. If noproblemsareidentified, the patchesare appliedto the remaining workstations.

Project Management
SDIwill providea comprehensivesuiteof projectmanagementandIT servicesto theCity. The scopeof servicesprovided include specializedplanning andmanagementof mission -critical public safetyapplications, large-scalesoftwareandhardwareupgrade/replacementprojects, custom software development, data -center operations, and routine O& M. The scope of support levelsrangesfrom supplementedIT support, wherein SDI providespart-time/full- time IT professionalsto supplementmunicipal IT staff asneeded, tofull -serviceIT support, wherein SDI provides full- time IT consultantsto leadIT operations, andproject managersfor consultative technical implementations.

Projectsrangefrom conception, wherein SDI performs technologyassessments andstrategic planning, to full implementationwhereinSDI assumescontrol of in- progressprojects, andSDI canexecutefull life -cycle projectsidentified post -assessment.

Law Enforcement Mobile Data Computing
SDI can provide MDC tier 1-3 support 24/7/365 for many Southern California Law Enforcement agencies. All of SDI employeeswill meetCJISsecurityrequirementsandhavepassed an extensivebackgroundchecksimilarto thatconductedby law enforcement. SDIwill applyits extensiveknowledgeof allaspectsof MDCsforlawenforcementuseincludingMicrosoft operating systemsfor PC and servers, Office 365, mobile device managementsoftware, image creation for fast and efficient hardware deployment/ restore, VPN in a mobile environment, and CAD/RMS systemsto namea few. SDIwill employcertifiedSpillmantechnicianssupporting several Spillman clients.

SDI will employ its extensive experiencewith the design and deployment of the MDC in -vehicle and backbone hardware and software for law enforcement applications. 10 L:\ ca\Agreements\SDI_PresenceAgreement-FY22- 0041.doc-jm Redlands Regular Meeting of 10-3-23
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EXHIBIT " B"

RATE SCHEDULE
The following is abreakdownof the City' srequestedservicesandtheminimum SDI resource types identified to deliver on each service requirement.

Network Assessment, Engineering, and
Tuning
o SDI Resources Needed:

System Engineer
Network Engineer
Certified Security Specialist
Subject Matter Expert
System/ Server/ Network Administration
o SDI Resources Needed:

Technician Level 3
System Engineer
Network Engineer
Certified Security Specialist
Operational Support
o SDI Resources Needed:

Technician Levels 1 - 3
System Engineer
Network Engineer
Law Enforcement Mobile Data
Computing
o SDI Resources Needed:

Technician Level 2 — 3
System Engineer
Project Management Services
o SDI Resources Needed:

Project Manager
Virtual Chief Information
Officer
Subject Matter Expert
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SDI Hourly Rate Table
Pleaseusethis table for determining hourly rates.

Position
Hourly
Rate
Technician ( Level 1) 74. 00
Technician (Level 2) 84. 00
Technician (Level 3) 94. 00
Project Manager 127. 00.

System Engineer 129. 00
Software Developer 132. 00
SQL DBA 132. 00
Network Engineer 13 8.00
Software Architect 145.00
Certified Security Specialist 145. 00
Virtual Chief Information
Officer 165. 00
Subject Matter Expert 185. 00
Annual adjustmentsto thesehourly rateswill incorporatea 5% increase. SDI retains the right to increasehourly rates in accordancewith the U.S. Bureau of Labor Statistics, Riverside — San Bernardino — Ontario all urban consumers CPI table. At the time of the contract's yearly renewaldate, theCPI for the previous 12-monthswill be utilized to determinethe CPI. If the CPI is greater than 5%, SDImayincreaseratesto matchtheCPIincreasefor thegivenperiod.

Hours/ Days When Normal Service is Available:

Normalserviceis availableMondaythroughFriday, 7:00 AM to 5:00 PM. We will provide servicesas requiredby the RFP. Additional daysfor specialprojects or meetings, are to be agreeduponby bothpartiesvia a Scopeof Work andbilled usingthe ratetableabove. We also understandthe needfor emergencyservice24 hours, a day, 7 days a week, and there is no additionalratefor suchservices. Thesamehourlyratesapplyto anytimeof day, ordayof the week, including holidays and declared emergencies.

Travel/ Trip Charges ( if any):

None
Rate( s) for After Hours Work:

Thesamehourlyratesapplyto anytimeof day, or dayof week, includingholidaysanddeclared emergencies.
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Rate( s) on Weekends and Holidays:

Same as above.

Minimums:

None
Alternate pricing structures ( such as block of hours):

Hours may be purchasedas a block for specified projects. SDI will apply a discount to the hourlyratetable (all resourceslisted) whenhourlyratesarepurchasedin discount quantitiesfor any specific service listed above.

Block of Hours Range Discount Rate
50 — 149 2%
150 — 299 4%
300 and Greater 6%
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EXHIBIT " C"

WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall securethe payment of compensationin one or more of the following ways:
a) By being insuredagainstliability to pay compensationby oneor more insurers duly authorizedto write compensationinsurancein this State. b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, eitherasanindividualemployer, orasoneemployerin a groupof employers, which maybe givenuponfurnishingproof satisfactoryto theDirector of IndustrialRelationsof ability to self -insureandto pay any compensationthat may becomedueto his or her employees.

CHECK ONE
I am awareof the provisionsof Section3700of the LaborCodewhichrequiresevery employer to be insured against liability for Workers' Compensation or to undertake self- insurancein accordancewiththeprovisionsofthatCode, andI will complywith suchprovisions beforecommencingtheperformanceof thework andactivitiesrequiredor permittedunderthis Agreement. ( Labor Code § 1861).

I affirm thatat all times, in performingthework andactivities requiredor permittedunder thisAgreement, I shallnot employanypersonin anymannersuchthat I becomesubjectto the workers' compensationlawsof California. However, at anytime, if I employanypersonsuch that I become subject to the workers' compensationlaws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance.

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

SDI Presence LLC
By: 0, A-Pu _ 636,-* l
Sho(0-fi-- L I LJo \ , C
Printed Name, Title
14 Date:

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DATE
OF REQUEST:

An a
dditional appropriation is hereby requested as follows:

Department:

JUSTIFICATION:

Requested By:

Recommended By Finance Director: Recommended:

Yes No Signed
Comments: Approved by City Council:

Date:

Signed:

City Clerk
REVENUE APPROPRIATION INCREASE (if applicable)
EXPENDITURE APPROPRIATION INCREASE (if applicable)
$
-
$
-

TRANSACTION
NO:

ACCOUNTING PERIOD:

Acc
ount Description Orgkey Object Code Job Ledger (If
applicable) Amount
Job Ledger (If
applicable) AmountAccount Description Orgkey Object Code Department Head
City Manager
CITY

OF REDLANDS
REQ

UEST FOR ADDITIONAL APPROPRIATION
FINANC

E USE ONLY
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e 1 of 1
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City Council/Successor Agency Meeting P. 3.

DATE: 10/03/2023
TO: The Successor Agency Board of Directors
SUBJECT: Approve minutes of the regular meeting of September 5, 2023 (Secretary Donaldson)
MOTION:

I move to approve minutes of the regular meeting of September 5, 2023 Attachments
Regular meeting minutes of September 5, 2023
Redlands Regular Meeting of 10-3-23
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MINUTES

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

Present: Eddie Tejeda, Mayor
Paul Barich, Mayor Pro Tempore
Denise Davis, Council Member
Jenna Guzman-Lowery, Council Member
Mario Saucedo, Council Member
Staff: Charles M. Duggan, Jr., City Manager; Yvette M. Abich Garcia, City Attorney; Jeanne Donaldson, City Clerk; Phillip Doolittle, City Treasurer; Janice McConnell, Assistant City Manager; Chris Boatman, Assistant City Manager; Carl Baker, Public Information Officer; Danielle Garcia, Management Services/Finance Director; Brian Desatnik, Development Services Director; Rich Sessler, Fire Chief; Rachel Tolber, Police Chief

Mayor Tejeda called the meeting to order and explained that comments could be presented in-person, via Zoom, via cell phone or landline. He offered the public an opportunity to provide comment on any item on the agenda for the closed session.

PUBLIC COMMENT

Coyote Aviation - Dr. Pamela Miller and Joe Rothschild were disappointed with the City's treatment of Coyote Aviation and the termination of their lease at the Municipal Airport.

They were concerned that the City's actions appeared to be petty, unreasonable and unsupportive of a small business, and they claimed that Coyote had been a good neighbor.

They thought it was not right for the City to acquire the assets from the facility that Coyote had built.

CLOSED SESSION

Conference with legal counsel: Initiation of Litigation – Government Code §54956.9(d)(4) - One (1) Case
(City Attorney Garcia)

Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney Garcia)
One Case:

Rogers, et al. v. City of Redlands, San Bernardino Superior Court, Case No.

CIVSB2126031

1. City of Redlands v. Coyote Aviation, Inc., San Bernardino Superior Court, Case No.

LLTVA2200544

2. Conference with real property negotiators - Government Code §54956.8 CC_SA_September 5, 2023

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Conference with real property negotiators - Government Code §54956.8 (Assistant City Manager Boatman)
Property: APN 0292-166-08-0000
Agency
Negotiators:

Charles M. Duggan, Jr.; Chris Boatman
Negotiating Party: Andrew Christopherson, The Grove School Under
Negotiation:

Terms of payment and price of possible lease amendment or purchase of City property

RECONVENE CITY COUNCIL MEETING
The meeting reconvened at 6:00 P.M. with an invocation by Council Member Saucedo followed by the pledge of allegiance to the American flag.

CLOSED SESSION REPORT
City Attorney Garcia announced the following actions were taken during the closed session:

C-1: No reportable action was taken
C-2: Rogers - On motion of Mayor Pro Tem Barich, seconded by Council Member Guzman-Lowery, the City Council unanimously authorized an appeal in the case of Rogers, et al. v. City of Redlands
C-2: Coyote Aviation - No reportable action was taken
C-3: Real Property Negotiation The Grove School - No reportable action was taken, with Council Member Davis recusing herself based on property ownership located within 500 feet of the Grove School

PRESENTATIONS

Redlands Pet Adoption - Animal Services Supervisor Jodi Kroeger and Animal Services Officer Trevor Houser introduced "Sedan", a six-year-old male German Shepherd mix, who is available for adoption, along with thirty other dogs and five cats at the Redlands Animal Shelter. Ms. Kroeger informed the Council there had been fifty dogs and forty-six cats adopted in July and August 2023.

California Native American Day Proclamation
- Council Member Saucedo presented the
California Native American Day Proclamation to Vanessa Brierty.

Water Savings Incentive Check - San Bernardino Valley Director, T. Milford Harrison and Kelly Malloy, Strategic Communications Manager, presented an incentive check in the amount of $164,935.49 to Mayor Tejeda for the water savings achieved by the City through conservation efforts for the Demand Management Incentive Program.

Redlands 14U Softball All Star Team
- Mayor Tejeda, Mayor Pro Tem Barich and Council
Member Saucedo participated in presenting a Recognition Certificate to the Redlands 14U Softball All Star Team members Addie Goff, Bailey Burgess, Cali Leverette, Dani Larsen, Emma Akimoto, Jayla Bowens, Marissa Valentin, Macki Larsen, Mele Wilson, Ryleigh Flanigan, and Vanessa James, and coaching staff Manager Wil Goff and Assistant Coaches Richie Burgess, Donnie Leverette, and Thomas Wilson.

CC_SA_September 5, 2023

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Finance Department Certificates of Appreciation - Mayor Tejeda, along with Management Services/Finance Director Garcia, presented Certificates of Appreciation to Assistant Director of Finance James Garland; Finance Manager Marie Datuin; Senior Accountant Denise Camarillo, Senior Accountant Jannette Mendoza, Management Analyst Miriam Valtierra, and recognition of the Government Finance Officers Association Award for the Annual Comprehensive Financial Report FY 2022.

PUBLIC COMMENT

Ban on Gas Blowers - Dennis Bell voiced concerns regarding the proposal at the last Council meeting to consider banning gas blowers, and he was skeptical about the City's ability to enforce such an ordinance, if approved.

Pro-Life Proclamation - Sam Wong reminded everyone of the September 4, 1977 Golden Dragon Restaurant massacre and its impact on San Francisco, and he condemned all acts of violence, including the senseless shooting of Lauri Carleton. He encouraged people to learn from these tragic events, move on with their lives, and he hoped the Council would consider a proclamation honoring pro-life principles.

Live Music at Hangar 24
- Daniel Aadland urged the Council to allow Hangar 24 Craft Brewery to continue hosting live music events at the facility.

RHS Girls Volleyball Games
- Michael Reiter, President of the RHS Girls Volleyball Booster Club, invited everyone to attend the upcoming games to show their support for the reigning Citrus Belt League Champions, who are currently 9 and 0 for the season.

District 2 Representation - Jennifer Maravillas complained about the way in which Eddie Tejeda had represented District 2 and she encouraged him to reach out to others, be more collaborative and build consensus

CONSENT CALENDAR

Minutes

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the minutes of the regular meeting of July 18, 2023, the adjourned meeting of July 25, 2023, and the Special Meeting of August 22, 2023.

Vote: 5 - 0 Passed

Proclamation Gurudev Sri Sri Ravi Shankar and Mental Health Day

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the issuance of a proclamation declaring August 10, 2023 as Gurudev Sri Sri Ravi Shankar and Mental Health Day.

CC_SA_September 5, 2023

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Vote: 5 - 0 Passed

Proclamation California Native American Day

Vote: 5 - 0 Passed

Citizens' Measure T Oversight Committee Appointment

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously appointed, by roll call vote, Scott Welsh (District 5) to serve a four-year term on the Measure T Oversight Committee ending April 20, 2027.

Vote: 5 - 0 Passed

Employee Assistance Program Services Agreement

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, a three-year agreement with The Counseling Team International to provide employee assistance program services to safety employees for the period beginning September 6, 2023, and continuing through September 5, 2026, with annual amounts not to exceed $34,800-in year 1, $36,540-in year 2, $38,400-in year 3 and a 5% increase if services are sustained for year 4 and 5.

Vote: 5 - 0 Passed

Student Intern Program

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, a Memorandum of Understanding between the City of Redlands and San Bernardino Community College District to provide student interns.

Vote: 5 - 0 Passed

Accept FEMA Emergency Management Performance Grant Award

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, to accept the Department of Homeland Security, Federal Emergency Management Agency 2022 Emergency Management Performance Grant award in the amount of $22,159; and authorized an additional appropriation of the same amount to the Emergency Preparedness fund.

Vote: 5 - 0 Passed

CC_SA_September 5, 2023

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Resolution No. 8510 Appropriations Limit for FY 2023-2024

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8510 amending the appropriations limit for Fiscal Year 2023-2024 from $158,949,814 to $158,925,169 and rescinding Resolution No. 8494.

Vote: 5 - 0 Passed

Office of Traffic Safety Grant Award

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the agreement with the Office of Traffic Safety relating to the distribution of a grant award in an amount not-to-exceed $130,000; authorized the Chief of Police to sign and execute agreements implementing the grant; and approved an additional appropriation of the same.

Vote: 5 - 0 Passed

Resolution No. 8511 Intent to Vacate Excess Street Right-of-Way

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously adopted, by roll call vote, Resolution No. 8511, declaring the City Council's intention to vacate excess street right-of-way (Street Vacation No. 193) that is one foot in width and approximately 965 feet in length, and totaling approximately 965 square feet in area, located on the east side of Texas Street, approximately 400 feet north of Domestic Avenue, and along the property frontage of proposed Tentative Tract Map No. 20520 (APN: 0167-041-01-0000); and determined this proposal is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines.

Vote: 5 - 0 Passed

Amending Downtown Parking Study Professional Services Agreement

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the First Amendment to the Professional Services Agreement with Walker Consultants Inc., to increase the original agreement from $121,560 by $13,000 for a total aggregate amount not-to-exceed $134,560 for professional consulting services related to preparation of the Downtown Parking Study. The need for additional professional consulting services for the completion of the Study includes attending additional meetings, providing written responses, and preparing revisions to the Study.

Vote: 5 - 0 Passed

CC_SA_September 5, 2023

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Receive and File PARIS Program Annual Report

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, to receive and file the Pavement Accelerated Repair Implementation Strategy (PARIS) Program Annual Report.

Vote: 5 - 0 Passed

Labor Compliance Review Software Purchase

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, a sole source purchase and Software and Support Agreement with LCPtracker, Inc. to furnish labor compliance review software and related services for an amount not-to-exceed $36,412.

Vote: 5 - 0 Passed

Resolution No. 8509 - 2023 Sewer System Management Plan

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that adoption of Resolution No. 8509 for the 2023 Sewer System Management Plan is exempt from environmental review in accordance with Sections 15061(b)(3), 21000, 15301 and 15302 of the State guidelines implementing the California Environmental Quality Act; and adopted Resolution No. 8509 for the 2023 Sewer System Management Plan.

Vote: 5 - 0 Passed

Construction Management Software Purchase & Agreement

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, a sole source purchase and Professional Services Agreement with Virtual Project Manager, LLC to furnish and provide construction management software and software training for an amount not-to-exceed $36,000 for an initial period of three (3) years with two (2) additional one-year renewal options for $12,000 annually for a total agreement amount not to exceed $60,000.

Vote: 5 - 0 Passed

In-Kind Support Request The Artlands Walk

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act; authorized and approved a request for in-kind support in the amount of $2,625 related to this event; authorized the temporary street closure of East Vine Street from Cajon Street to 6th Street and Civic Center parking lot; and approved the request for the sale and consumption of alcoholic beverages for CC_SA_September 5, 2023

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The Artlands Walk event to be held on September 30, 2023.

Vote: 5 - 0 Passed

Art-On-State-Street Event Temporary Closures & Request for Vendors

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the State’s guidelines implementing the California Environmental Quality Act; approved the special event and authorized the temporary closure of East State Street from 6th Street to 7th Street on September 24, 2023 for the Art-On-State-Street event hosted by the Redlands Art Association.

Vote: 5 - 0 Passed

Boys and Girls Club Day for Kids Event Temporary Closure

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the State’s guidelines implementing the California Environmental Quality Act; and authorized the temporary closure of Clay Street, between Lugonia Avenue to Western Avenue, on September 16, 2023 for the Day for Kids event hosted by the Boys and Girls Club of Greater Redlands-Riverside.

Vote: 5 - 0 Passed

Gas Extraction Wells Installation Project Agreement for Quality Assurance

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the agreement with Geo-Logic Associates, Inc. to provide construction quality assurance, observation, regulatory compliance and documentation for Gas Extraction Wells Installation Phase 2 & 3 at the California Street Landfill in a total agreement amount not-to-exceed $194,138.16.

Vote: 5 - 0 Passed

Reject Bids Runway and Apron Pavement Treatment Project

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, to reject all bids for the Runway and Apron Pavement Treatment Project at the Redlands Municipal Airport, Project No. FCS662023JN. The bids received for this project exceeded the estimated cost and Federal Aviation Administration (FAA) Airport Capital Improvement Plan (ACIP) entitlement funds allocated to Redlands Municipal Airport.

Vote: 5 - 0 Passed

COMMUNICATIONS

CC_SA_September 5, 2023

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Sister Cities Hino, Japan Travel Expenditure

Mayor Tejeda reviewed his request regarding the authorization of an expenditure of funds for travel to Sister Cities Hino, Japan, for the Mayor to attend the 60-year celebration of Hino's establishment, and the anniversary of the Sister Cities relationship. He offered background on the Sister Cities program and the ongoing relationship Redlands has with Hino, that dates back to the early 1960s. The firmly established relationship between the two cities has provided the opportunity not only for officials to travel to and experience the sister cities, but also for Hino students to visit and tour the City of Redlands. The itinerary included visitations to the following municipal locations: Hino City Hall, Hino Municipal Clean Center Plastic Recycling Facility, Hino Community Center and Sports Facility, Tokyo Metropolitan Fire Station, Hino Shinsengumi Historical Museum, and Takahata Fudo Shrine and Museum.

As public comment, Joshua Hall and Dennis Bell stated it was important for the Mayor to accept the invitation and visit Hino to celebrate the Sister Cities relationship, but they were against the City funding the trip. Council Member Davis thought the trip's itinerary and agenda were not substantive and she was not in support of using City funds. Council Member Guzman-Lowery was hoping to see more direct benefit to the City and, she suggested the Mayor employ a fund-raising campaign for his travel expenses. Mayor Pro Tem Barich highlighted his experiences as Mayor when he hosted Hino delegates and he found it to be enlightening.

On motion of Council Member Mario Saucedo, seconded by Mayor Pro Tempore Paul Barich, the City Council approved and authorized, by roll call vote, the expenditure of funds for travel to Hino, Japan by Mayor Tejeda.

Vote: 3 - 2 Passed
NAY: Council Member Denise Davis
Council Member Jenna Guzman-Lowery

Flying Pride Flag In Honor of Laura Ann Carleton

Council Member Davis opened the discussion to consider her request to fly the Pride flag at City Hall for one week, Sept. 6-12, 2023, in honor of Laura Ann "Lauri" Carleton, an ally of the LGBTQ+ community, who was recently shot during a dispute over a pride flag hanging outside her clothing store in Cedar Glen. She added this item aligns with Priority C. Equity and Inclusion of the City's Strategic Plan.

As public comment, thirteen people, including Josephine Swanson, Tracy Wise, Michael Paisner, Bruce Laycook, Dominique Swanson, Andy Hoder, Trisha Keeling, Sam Trad, Jennifer Maravillas, Rudi Whitmore, Graham Smith, Traci Lowenthal and Dr. Kathy Feeley supported flying the pride flag in honor of Lauri Carleton, and said that flying the flag would make a statement and show that Redlands will not remain silent but will stand against hatred and discrimination. They warned that with hate crimes on the rise, it was imperative for the Council to promote a safer environment for all people. They added the flag should not be politicized because it was more about equity than politics, and it represented inclusivity.

Eight speakers including, Miss Ashley, Joshua David Hall, Sam Wong, Dale Broome, Dennis CC_SA_September 5, 2023

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Eight speakers including, Miss Ashley, Joshua David Hall, Sam Wong, Dale Broome, Dennis Bell, Valerie Zavis, Rachel, and John James were opposed to flying the pride flag because they said the flag did not represent all citizens of Redlands and it would give the appearance of honoring one group over another. They stated that flag raising should unify society's goals and not be a sign of division. The current flag policy, allowing for the American, state and local flags to fly at City Hall, meets the intent of the City's Strategic Plan of diversity and inclusion, as the American flag represents all 73,000 residents. It was also pointed out that while the shooting death of Lauri Carleton was tragic, she was not from Redlands.

Council Member Davis said she knew what it was like to feel unsafe, adding that symbols were important. Symbols can represent resiliency and a sign of encouragement within a community. She urged her colleagues to take this opportunity and honor Lauri Carleton's bravery by flying the pride flag. Council Member Guzman-Lowery stated there was no place for silence when hateful and violent acts occur. Council Member Saucedo and Mayor Tejeda condemned the horrific act of violence against Lauri Carleton but thought there were other ways in which to honor her life. They both agreed that the City should stay within the current flag policy.

On motion of Council Member Denise Davis, seconded by Council Member Jenna Guzman-Lowery, the City Council failed to approve, by roll call vote, the flying of the Pride flag at City Hall at City Hall for one week, Sept. 6-12, 2023, in honor of Laura Ann Carleton.

Vote: 2 - 3 Failed
NAY: Mayor Eddie Tejeda
Mayor Pro Tempore Paul Barich
Council Member Mario Saucedo

NEW BUSINESS
Mayor Tejeda called for a brief recess at 8:05 P.M. The meeting reconvened at 8:10 P.M.

Resolution No. 8491 Pension Management Policy

Management Services/Finance Director Garcia summarized Resolution No. 8491, to establish a Pension Management Policy. The City currently has a contract with the California Public Employees Retirement System (CalPERS) to provide retirement benefits for all full-time miscellaneous and safety employees. As part of the Contract, the City is obligated to pay any unfunded accrued liability (UAL) under each of the Pension Plans. Resolution No. 8491 would allow the staff to better manage the City’s pension plans. For more details of the proposal, she introduced Managing Director Andrew Flynn, of California Municipal Advisors, LLC, who provided a presentation of the importance of developing strategies to manage funds properly.

Goals and objectives of a pension management policy include the following: Establish, attain, and maintain targeted pension plan funding levels; Provide sufficient assets to permit the payment of all benefits under the Pension Plans; Seek to manage and control future contribution volatility to the extent reasonably possible; Set forth all possible cost mitigation measures (“Mitigation Measures”) available to the City; Strive to make Annual Discretionary Payments to accelerate UAL pay-down, reduce interest costs, and stabilize future payments; CC_SA_September 5, 2023

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Payments to accelerate UAL pay-down, reduce interest costs, and stabilize future payments; Maintain the City’s sound financial position and creditworthiness; Provide guidance in making annual budget decisions; Create sustainable and fiscally sound future budgets; Demonstrate prudent financial management practices; and Ensure that pension funding decisions protect both current and future stakeholders.

Mr. Flynn offered options for the Council to consider and discussed establishing and operating a Pension Rate Stabilization Fund, either self-managed or a Section 115 trust fund managed by a third-party investment manager. The Pension Management Policy would require that any new increase or decrease in the liability resulting from the annual CalPERS actuarial valuation be explicitly identified each year during the budget cycle, and that the City consider making discretionary contributions with City resources (or other legally available resources), with the objectives of increasing each of the Pension Plan’s funded status, by reducing the unfunded actuarially accrued liability, and reducing ongoing pension costs. As public comment, Dennis Bell said this proposal was long overdue and he thought CalPERS was inept.

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8491, establishing the City's Pension Management Policy.

Vote: 5 - 0 Passed

University of Redlands Standby Paramedic Services MOU

Fire Chief Sessler introduced the Memorandum of Understanding between the City of Redlands and the University of Redlands for standby paramedic services at university football games for the 2023-2024 school year. At the request of the University, the Fire Department has agreed to provide a Medic Squad or All Risk Vehicle, staffed with two personnel, to provide Advanced Life Support paramedic services at five football games during the 2023-2024 school year, at a cost of $505 per game. The University will compensate the City for these services. Should there be any playoff games, Fire Department emergency personnel will be available for any additional games, as well.

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the Memorandum of Understanding between the City of Redlands and the University of Redlands for standby paramedic services at university football games for the 2023-2024 school year.

Vote: 5 - 0 Passed

Construction Management Services Agreement Police Department Facility

Assistant City Manager Boatman explained the benefits of a Construction Management Multi-Prime approach, which allows for more financial control over a project and enables the City to hire the builder based on best value. In December 2021, the City Council approved a Purchase and Sale Agreement for the acquisition of the property located at 1625 W. Redlands Blvd for the future development of a public safety facility to be utilized by the Redlands Police Department. He introduced the Professional Services Agreement with Tilden-Coil Constructors, Inc., for Master Construction Management Services of the City's CC_SA_September 5, 2023

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new Police Department Safety Hall Facility. This action includes approval of a professional services agreement and payment is based on time and materials expended, not to exceed $3,000,000. The actual cost will be largely dependent on the project scope which is currently under design. The architect will provide progress updates through staff to the City Council throughout the design process.

On motion of Council Member Mario Saucedo, seconded by Mayor Eddie Tejeda, the City Council unanimously determined, by roll call vote, that approval of a Professional Services Agreement with Tilden-Coil Constructors, Inc., for Master Construction Management Services of the City's new Police Department Safety Hall Facility is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines; approved the Professional Services Agreement with Tilden-Coil Constructors, Inc., for Master Construction Management Services of the City's new Police Department Safety Hall Facility in an amount not to exceed $3,000,000; and approved an additional appropriation in the amount of $3,000,000. This expense will be offset with a release of the Future Facilities Reserve from the General Fund. The current balance of that reserve is $22,111,486.

Vote: 5 - 0 Passed

Contract Award California Street Landfill Gas Extraction Wells Phase 2 & 3

Facilities and Community Services Director Crocker presented an award of construction contract for the California Street Landfill Gas Extraction Wells Phase 2 & 3 to BSE General Engineering Inc. Phase 2 & 3 in the amount of $423,726.47. The landfill expansion areas have reached maximum waste placement, which means higher concentration gas levels are expected to quickly increase and to remain within compliance, additional wellheads must be installed to mitigate gas control. Sufficient funding for this project is included in the Solid Waste Division's project budget for fiscal year 2023-2024 as approved by City Council.

On motion of Council Member Mario Saucedo, seconded by Mayor Pro Tempore Paul Barich, the City Council unanimously determined, by roll call vote, that the award of a construction contract to BSE General Engineering, Inc., for the California Street Landfill Gas Extraction Wells Installation for Phase 2 & 3, is not subject to further environmental review pursuant to Section 15162 of the State's guidelines implementing the California Environmental Act; and approved a construction contract with BSE General Engineering, Inc. for the California Street Landfill Gas Extraction Wells Installation for Phase 2 &3 for an amount of $423,726.47.

Vote: 5 - 0 Passed

Contract Award Mission Zanja Channel Improvements Project

City Engineer Goutam Dobey summarized a Public Works Construction Contract with Harbor Coating and Restoration for the Mission Zanja Channel Improvements Project, Project No. 405003 for an amount not-to-exceed $381,799. This maintenance project, which includes cleaning and preparing the interior channel surface, removing material and debris as necessary to complete the work, spot repairing concrete, and applying the sealant to the channel walls and ceiling.

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On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of the Construction Contract and construction of the Mission Zanja Channel Improvements Project is categorically exempt from environmental review in accordance with Section 15301 of the State’s guidelines implementing the California Environmental Quality Act; approved the Mission Zanja Channel Improvements Project Plans and Specifications, and awarded a Construction Contract to Harbor Coating and Restoration for an amount not-to-exceed $381,799. There is no fiscal impact associated with this action. The construction cost for this project is included in the FY 23/24 MUED budget.

Vote: 5 - 0 Passed

Water Meter Replacement Project Agreement

City Manager Duggan explained the need for an additional appropriation of $4,932,257.96 from the Water Fund and the approval of a Non-Professional Services Agreement with Ferguson Enterprises, LLC for an amount not-to-exceed $6,747,257.96 for the third and final phase of the Water Meter Replacement Project.

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, an additional appropriation of $4,932,257.96 from the Water Fund for the third and final phase of the Water Meter Replacement Project; and approved a Non-Professional Services Agreement with Ferguson Enterprises, LLC for an amount not-to-exceed $6,747,257.96 for the third and final phase of the Water Meter Replacement Project.

Vote: 5 - 0 Passed

Grant Acceptance HSIP Cycle 9 Orange Blossom Trail Phase 3 Crossings Project

City Engineer Goutam Dobey detailed the Highway Safety Improvement Program (HSIP) Cycle 9 Grant in the amount of $298,000 and the request to approve a Construction Contract with California Professional Engineering, Inc. for the HSIP Cycle 9 Orange Blossom Trail Phase 3 Crossings Project for an amount not-to-exceed $259,245.

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that acceptance of a grant and approval of a Construction Contract and construction of the Highway Safety Improvement Program (HSIP) Cycle 9 Orange Blossom Trail Phase 3 Crossings Project is exempt from environmental review pursuant to Section 15301(c) of the State’s guidelines implementing the California Environmental Quality Act; accepted the California Department of Transportation HSIP Cycle 9 grant award of $298,000; approved the HSIP Cycle 9 Orange Blossom Trail Phase 3 Crossings Project plans and specifications; approved the Construction Contract with California Professional Engineering, Inc. for an amount not-to-exceed $259,245; and approved an additional appropriation in an amount not-to-exceed $48,000 for this project.

Vote: 5 - 0 Passed

COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES
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COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES
There were no Council Member announcements presented

ADJOURNMENT
The meeting adjourned at 9:02 P.M. in memory of former Mayor Bill Cunningham who served the City selflessly in so many ways, as a teacher, coach, RUSD Board Member, as well as serving 12 years on the City Council with one term as mayor. He was a tireless advocate for slow growth in Redlands and was passionate about protecting orange groves. Mayor Pro Tem Barich said he was always dedicated to making Redlands a better place and he will be greatly missed. The next regular meeting of the City of Redlands City Council will be held on September 19, 2023.

SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS
Chairperson Tejeda called the meeting to order and offered anyone present the opportunity to address the Board on any subject not already on the agenda, within the jurisdiction of the Successor Agency.

PUBLIC COMMENT
None forthcoming

Minutes

On motion of Vice Chair Barich, seconded by Board Member Saucedo, the minutes of the regular meeting of July 5, 2023 were unanimously approved, by roll call vote.

Vote: 5 - 0 Passed

ADJOURNMENT
There being no further business, the Successor Agency Board of Directors' meeting was adjourned at 9:03 P.M. The next regular meeting of the Agency will be held on October 3, 2023.

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Redlands City CouncilOctober 3, 2023

Redlands City Council
October 3, 2023