Cities Index.
Agenda packet

Redlands City Council
June 4, 2024

Document
Agenda packet
Meeting
June 4, 2024
Body
Redlands City Council
Pages
9
Original file
99.9 MB
Text extracted from the city's file for reading and search. Open the original on s3.us-west-004.backblazeb2.com. That file is the official record.

Redlands Regular Meeting of 06-04-2024
895 of 1083
Assessor's Parcel Number FY 2023-2024 Special Tax
City of Redlands CFD No. 2003-1
FY 2023-2024 Special Tax Levy
Zone 1
$13,744.800167-441-07
$86,402.760167-481-16
$126,265.480167-501-11
$5,913.040167-511-24
$5,671.690167-511-25
$30,409.910167-511-26
$8,366.750167-511-27
$7,522.030167-511-28
$189,498.790167-511-29
$134,873.580167-541-09
$608,668.83Subtotal
Zone 2
$191,469.800167-511-09
$191,469.80Subtotal
$800,138.63Total FY 2023-2024 Special Tax Levy
Total Number of Parcels Taxed 11

Page 1 of 1 ends

Redlands Regular Meeting of 06-04-2024
896 of 1083

ORDINANCE

ORDINANCEORDINANCEORDINANCE
NO.

NO.NO. NO.
2471
24712471 2471
AN

ANAN AN

ORDINANCE

ORDINANCEORDINANCEORDINANCE
OF

OFOF OF
THE

THETHE THE
CITY

CITYCITY CITY
OF

OFOF OF

REDLANDS

REDLANDSREDLANDSREDLANDS

LEVYING

LEVYINGLEVYING LEVYING

SPECIAL

SPECIALSPECIAL SPECIAL
TAXES

TAXESTAXES TAXES
WITHIN

WITHINWITHIN WITHIN
THE

THETHE THE
CITY

CITYCITY CITY
OF

OFOF OF

REDLANDS

REDLANDSREDLANDSREDLANDS

COMMUNITY

COMMUNITYCOMMUNITYCOMMUNITY

FACILITIES

FACILITIESFACILITIESFACILITIES

DISTRICT

DISTRICTDISTRICT DISTRICT
NO.

NO.NO. NO.
2001-1
2001-12001-1 2001-1

WHEREAS,

WHEREAS,WHEREAS,WHEREAS,
on
onon on
April
AprilApril April
3,
3,3, 3,
2001,
2001,2001, 2001,
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
(the
(the(the (the
"City
"City"City "City
Council")
Council")Council") Council")
of
ofof of
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
(the
(the(the (the
"City")
"City")"City") "City")
adopted
adoptedadopted adopted
a
aa a
resolution
resolutionresolution resolution
entitled
entitledentitled entitled
"A
"A"A "A
Resolution
ResolutionResolution Resolution
of
ofof of
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
of
ofof of
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
Declaring
DeclaringDeclaring Declaring
Intention
IntentionIntention Intention
to
toto to
Establish
EstablishEstablish Establish
a
aa a
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
and
andand and
to
toto to
Authorize
AuthorizeAuthorize Authorize
the
thethe the
Levy
LevyLevy Levy
of
ofof of
Special
SpecialSpecial Special
Taxes"
Taxes"Taxes" Taxes"
stating
statingstating stating
its
itsits its
intention
intentionintention intention
to
toto to
establish
establishestablish establish
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
No.

No.No. No.
2001-1
2001-12001-1 2001-1
(the
(the(the (the
"District"),
"District"),"District"), "District"),
pursuant
pursuantpursuant pursuant
to
toto to
the
thethe the
Mello-Roos
Mello-RoosMello-RoosMello-Roos
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
Act
ActAct Act
of
ofof of
1982
19821982 1982
(the
(the(the (the
"Act"),
"Act"),"Act"), "Act"),
for
forfor for
the
thethe the
purposes
purposespurposes purposes
set
setset set
forth
forthforth forth
in
inin in
said
saidsaid said
resolution;
resolution;resolution; resolution;

WHEREAS,

WHEREAS,WHEREAS,WHEREAS,
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
has
hashas has
held
heldheld held
a
aa a
noticed
noticednoticed noticed
public
publicpublic public
hearing
hearinghearing hearing
on
onon on
the
thethe the
establishment
establishmentestablishmentestablishment
of
ofof of
the
thethe the
District,
District,District, District,
as
asas as
required
requiredrequired required
by
byby by
the
thethe the
Act;
Act;Act; Act;

WHEREAS,

WHEREAS,WHEREAS,WHEREAS,
subsequent
subsequentsubsequentsubsequent
to
toto to
the
thethe the
hearing,
hearing,hearing, hearing,
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
adopted
adoptedadopted adopted
resolutions
resolutionsresolutions resolutions
entitled
entitledentitled entitled
"A
"A"A "A
Resolution
ResolutionResolution Resolution
of
ofof of
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
of
ofof of
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
of
ofof of
Formation
FormationFormation Formation
of
ofof of
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
No.

No.No. No.
2001-1,
2001-1,2001-1, 2001-1,
Authorizing
AuthorizingAuthorizingAuthorizing
the
thethe the
Levy
LevyLevy Levy
of
ofof of
a
aa a
Special
SpecialSpecial Special
Tax
TaxTax Tax
within
withinwithin within
the
thethe the
District
DistrictDistrict District
and
andand and
Establishing
EstablishingEstablishingEstablishing
an
anan an
Appropriations
AppropriationsAppropriationsAppropriations
Limit
LimitLimit Limit
for
forfor for
the
thethe the
District"
District"District" District"
(the
(the(the (the
"Resolution
"Resolution"Resolution"Resolution
of
ofof of
Formation"),
Formation"),Formation"),Formation"),
"A
"A"A "A
Resolution
ResolutionResolution Resolution
of
ofof of
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
of
ofof of
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
Deeming
DeemingDeeming Deeming
it
itit it
Necessary
NecessaryNecessary Necessary
to
toto to
Incur
IncurIncur Incur
Bonded
BondedBonded Bonded
Indebtedness
IndebtednessIndebtednessIndebtedness
within
withinwithin within
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
No.

No.No. No.
2001-
2001-2001- 2001-
1"
1"1" 1"
and
andand and
"A
"A"A "A
Resolution
ResolutionResolution Resolution
of
ofof of
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
of
ofof of
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
Calling
CallingCalling Calling
Special
SpecialSpecial Special
Election
ElectionElection Election
for
forfor for
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
No.

No.No. No.
2001-1",
2001-1",2001-1", 2001-1",
which
whichwhich which
resolutions
resolutionsresolutions resolutions
established
establishedestablishedestablished
the
thethe the
District,
District,District, District,
authorized
authorizedauthorized authorized
the
thethe the
levy
levylevy levy
of
ofof of
a
aa a
special
specialspecial special
tax
taxtax tax
within
withinwithin within
the
thethe the
District
DistrictDistrict District
and
andand and
called
calledcalled called
an
anan an
election
electionelection election
within
withinwithin within
the
thethe the
District
DistrictDistrict District
on
onon on
the
thethe the
proposition
propositionproposition proposition
of
ofof of
incurring
incurringincurring incurring
indebtedness,
indebtedness,indebtedness,indebtedness,
levying
levyinglevying levying
a
aa a
special
specialspecial special
tax
taxtax tax
within
withinwithin within
the
thethe the
District
DistrictDistrict District
and
andand and
establishing
establishingestablishingestablishing
an
anan an
appropriations
appropriationsappropriationsappropriations
limit
limitlimit limit
for
forfor for
the
thethe the
District,
District,District, District,
respectively;
respectively;respectively;respectively;
and
andand and

WHEREAS,

WHEREAS,WHEREAS,WHEREAS,
an
anan an
election
electionelection election
was
waswas was
held
heldheld held
in
inin in
which
whichwhich which
the
thethe the
qualified
qualifiedqualified qualified
electors
electorselectors electors
of
ofof of
the
thethe the
District
DistrictDistrict District
approved
approvedapproved approved
said
saidsaid said
proposition
propositionproposition proposition
by
byby by
more
moremore more
than
thanthan than
the
thethe the
two-thirds
two-thirdstwo-thirds two-thirds
vote
votevote vote
required
requiredrequired required
by
byby by
the
thethe the
Act:

Act:Act: Act:

THE

THETHE THE
CITY

CITYCITY CITY

COUNCIL

COUNCILCOUNCIL COUNCIL
OF

OFOF OF
THE

THETHE THE
CITY

CITYCITY CITY
OF

OFOF OF

REDLANDS

REDLANDSREDLANDSREDLANDS
DOES

DOESDOES DOES
ORDAIN

ORDAINORDAIN ORDAIN
AS

ASAS AS
FOLLOWS:

FOLLOWS:FOLLOWS:FOLLOWS:

Section
SectionSection Section

1. 1.1. 1.

By
ByBy By
the
thethe the
passage
passagepassage passage
of
ofof of
this
thisthis this
Ordinance,
Ordinance,Ordinance, Ordinance,
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
hereby
herebyhereby hereby
authorizes
authorizesauthorizes authorizes
and
andand and
levies
levieslevies levies
special
specialspecial special
taxes
taxestaxes taxes
within
withinwithin within
the
thethe the
District
DistrictDistrict District
pursuant
pursuantpursuant pursuant
to
toto to
Sections
SectionsSections Sections
53328
5332853328 53328
and
andand and
53340
5334053340 53340
of
ofof of
the
thethe the
Act,
Act,Act, Act,
at
atat at
the
thethe the
rate
raterate rate
and
andand and
in
inin in
accordance
accordanceaccordanceaccordance
with
withwith with
the
thethe the
method
methodmethod method
of
ofof of
apportionment
apportionmentapportionmentapportionment
set
setset set
forth
forthforth forth
in
inin in
Exhibit
ExhibitExhibit Exhibit
A
AA A
to
toto to
the
thethe the
Resolution
ResolutionResolution Resolution
of
ofof of
Formation
FormationFormation Formation
(the
(the(the (the
"Rate
"Rate"Rate "Rate
and
andand and
Method
MethodMethod Method
of
ofof of
Apportionment").

Apportionment").Apportionment").Apportionment").

The
TheThe The
special
specialspecial special
taxes
taxestaxes taxes
are
areare are
hereby
herebyhereby hereby
levied
leviedlevied levied
commencing
commencingcommencingcommencing
in
inin in
fiscal
fiscalfiscal fiscal
year
yearyear year
2001-02
2001-022001-02 2001-02
and
andand and
in
inin in
each
eacheach each
fiscal
fiscalfiscal fiscal
year
yearyear year
thereafter
thereafterthereafter thereafter
until
untiluntil until
the
thethe the
earlier
earlierearlier earlier
of
ofof of
(a)
(a)(a) (a)
the
thethe the
date
datedate date
on
onon on
which
whichwhich which
there
therethere there
are
areare are
no
nono no
bonds
bondsbonds bonds
of
ofof of
the
thethe the
District
DistrictDistrict District
(the
(the(the (the
"Bonds")
"Bonds")"Bonds") "Bonds")
outstanding,
outstanding,outstanding,outstanding,
or
oror or
(b)
(b)(b) (b)
the
thethe the
fiscal
fiscalfiscal fiscal
year
yearyear year
ending
endingending ending
June
JuneJune June
30,
30,30, 30,
2048.
2048.2048. 2048.

Redlands Regular Meeting of 06-04-2024
897 of 1083
Section
SectionSection Section

2. 2.2. 2.

The
TheThe The
City
CityCity City
Clerk
ClerkClerk Clerk
of
ofof of
the
thethe the
City
CityCity City
is
isis is
hereby
herebyhereby hereby
authorized
authorizedauthorized authorized
and
andand and
directed
directeddirected directed
each
eacheach each
fiscal
fiscalfiscal fiscal
year
yearyear year
to
toto to
determine
determinedetermine determine
the
thethe the
specific
specificspecific specific
special
specialspecial special
tax
taxtax tax
rate
raterate rate
and
andand and
amount
amountamount amount
to
toto to
be
bebe be
levied
leviedlevied levied
for
forfor for
the
thethe the
next
nextnext next
ensuing
ensuingensuing ensuing
fiscal
fiscalfiscal fiscal
year
yearyear year
for
forfor for
each
eacheach each
parcel
parcelparcel parcel
of
ofof of
real
realreal real
property
propertyproperty property
within
withinwithin within
the
thethe the
District,
District,District, District,
in
inin in
the
thethe the
manner
mannermanner manner
and
andand and
as
asas as
provided
providedprovided provided
in
inin in
the
thethe the
Rate
RateRate Rate
and
andand and
Method
MethodMethod Method
of
ofof of
Apportionment.

Apportionment.Apportionment.Apportionment.

Section
SectionSection Section

3. 3.3. 3.

Properties
PropertiesProperties Properties
or
oror or
entities
entitiesentities entities
of
ofof of
the
thethe the
State,
State,State, State,
federal
federalfederal federal
or
oror or
local
locallocal local
governments
governmentsgovernmentsgovernments
shall
shallshall shall
be
bebe be
exempt
exemptexempt exempt
from
fromfrom from
any
anyany any
levy
levylevy levy
of
ofof of
the
thethe the
special
specialspecial special
taxes,
taxes,taxes, taxes,
to
toto to
the
thethe the
extent
extentextent extent
set
setset set
forth
forthforth forth
in
inin in
the
thethe the
Rate
RateRate Rate
and
andand and
Method
MethodMethod Method
of
ofof of
Apportionment.

Apportionment.Apportionment.Apportionment.

In
InIn In
no
nono no
event
eventevent event
shall
shallshall shall
the
thethe the
special
specialspecial special
taxes
taxestaxes taxes
be
bebe be
levied
leviedlevied levied
on
onon on
any
anyany any
parcel
parcelparcel parcel
within
withinwithin within
the
thethe the
District
DistrictDistrict District
in
inin in
excess
excessexcess excess
of
ofof of
the
thethe the
maximum
maximummaximum maximum
tax
taxtax tax
specified
specifiedspecified specified
in
inin in
the
thethe the
Rate
RateRate Rate
and
andand and
Method
MethodMethod Method
of
ofof of
Apportionment.

Apportionment.Apportionment.Apportionment.

Section
SectionSection Section

4. 4.4. 4.

All
AllAll All
of
ofof of
the
thethe the
collections
collectionscollections collections
of
ofof of
the
thethe the
special
specialspecial special
tax
taxtax tax
shall
shallshall shall
be
bebe be
used
usedused used
as
asas as
provided
providedprovided provided
for
forfor for
in
inin in
the
thethe the
Act,
Act,Act, Act,
the
thethe the
Rate
RateRate Rate
and
andand and
Method
MethodMethod Method
of
ofof of
Apportionment
ApportionmentApportionmentApportionment
and
andand and
the
thethe the
Resolution
ResolutionResolution Resolution
of
ofof of
Formation
FormationFormation Formation
including,
including,including, including,
but
butbut but
not
notnot not
limited
limitedlimited limited
to,
to,to, to,
the
thethe the
payment
paymentpayment payment
of
ofof of
principal
principalprincipal principal
of
ofof of
and
andand and
interest
interestinterest interest
on
onon on
the
thethe the
Bonds,
Bonds,Bonds, Bonds,
the
thethe the
replenishment
replenishmentreplenishmentreplenishment
of
ofof of
the
thethe the
reserve
reservereserve reserve
fund
fundfund fund
for
forfor for
the
thethe the
Bonds,
Bonds,Bonds, Bonds,
the
thethe the
payment
paymentpayment payment
of
ofof of
the
thethe the
costs
costscosts costs
of
ofof of
administering
administeringadministeringadministering
the
thethe the
District
DistrictDistrict District
and
andand and
the
thethe the
costs
costscosts costs
of
ofof of
collecting
collectingcollecting collecting
and
andand and
administering
administeringadministeringadministering
the
thethe the
special
specialspecial special
tax.
tax.tax. tax.

Section
SectionSection Section

5. 5.5. 5.

The
TheThe The
special
specialspecial special
taxes
taxestaxes taxes
shall
shallshall shall
be
bebe be
collected
collectedcollected collected
from
fromfrom from
time
timetime time
to
toto to
time
timetime time
as
asas as
necessary
necessarynecessary necessary
to
toto to
meet
meetmeet meet
the
thethe the
financial
financialfinancial financial
obligations
obligationsobligations obligations
of
ofof of
the
thethe the
District
DistrictDistrict District
on
onon on
the
thethe the
secured
securedsecured secured
real
realreal real
property
propertyproperty property
tax
taxtax tax
roll
rollroll roll
in
inin in
the
thethe the
same
samesame same
manner
mannermanner manner
as
asas as
ordinary
ordinaryordinary ordinary
ad
adad ad
valorem
valoremvalorem valorem
taxes
taxestaxes taxes
are
areare are
collected.
collected.collected. collected.

The
TheThe The
special
specialspecial special
taxes
taxestaxes taxes
shall
shallshall shall
have
havehave have
the
thethe the
same
samesame same
lien
lienlien lien
priority,
priority,priority, priority,
and
andand and
be
bebe be
subject
subjectsubject subject
to
toto to
the
thethe the
same
samesame same
penalties
penaltiespenalties penalties
and
andand and
the
thethe the
same
samesame same
procedure
procedureprocedure procedure
and
andand and
sale
salesale sale
in
inin in
cases
casescases cases
of
ofof of
delinquency
delinquencydelinquencydelinquency
as
asas as
provided
providedprovided provided
for
forfor for
ad
adad ad
valorem
valoremvalorem valorem
taxes.
taxes.taxes. taxes.

In
InIn In
addition,
addition,addition, addition,
the
thethe the
provisions
provisionsprovisions provisions
of
ofof of
Section
SectionSection Section
53356.1
53356.153356.1 53356.1
of
ofof of
the
thethe the
Act
ActAct Act
shall
shallshall shall
apply
applyapply apply
to
toto to
delinquent
delinquentdelinquent delinquent
special
specialspecial special
tax
taxtax tax
payments.
payments.payments. payments.

The
TheThe The
Finance
FinanceFinance Finance
Director
DirectorDirector Director
of
ofof of
the
thethe the
City
CityCity City
is
isis is
hereby
herebyhereby hereby
authorized
authorizedauthorized authorized
and
andand and
directed
directeddirected directed
to
toto to
provide
provideprovide provide
all
allall all
necessary
necessarynecessary necessary
information
informationinformation information
to
toto to
the
thethe the
Treasurer
TreasurerTreasurer Treasurer
and
andand and
Tax
TaxTax Tax
Collector
CollectorCollector Collector
of
ofof of
San
SanSan San
Bernardino
BernardinoBernardino Bernardino
County
CountyCounty County
and
andand and
to
toto to
otherwise
otherwiseotherwise otherwise
take
taketake take
all
allall all
actions
actionsactions actions
necessary
necessarynecessary necessary
in
inin in
order
orderorder order
to
toto to
effect
effecteffect effect
proper
properproper proper
billing
billingbilling billing
and
andand and
collection
collectioncollection collection
of
ofof of
the
thethe the
special
specialspecial special
tax,
tax,tax, tax,
so
soso so
that
thatthat that
the
thethe the
special
specialspecial special
tax
taxtax tax
shall
shallshall shall
be
bebe be
levied
leviedlevied levied
and
andand and
collected
collectedcollected collected
in
inin in
sufficient
sufficientsufficient sufficient
amounts
amountsamounts amounts
and
andand and
at
atat at
the
thethe the
times
timestimes times
necessary
necessarynecessary necessary
to
toto to
satisfy
satisfysatisfy satisfy
the
thethe the
financial
financialfinancial financial
obligations
obligationsobligations obligations
of
ofof of
the
thethe the
District
DistrictDistrict District
in
inin in
each
eacheach each
fiscal
fiscalfiscal fiscal
year.
year.year. year.

Notwithstanding
NotwithstandingNotwithstandingNotwithstanding
the
thethe the
foregoing,
foregoing,foregoing, foregoing,
the
thethe the
Finance
FinanceFinance Finance
Director
DirectorDirector Director
of
ofof of
the
thethe the
City
CityCity City
may
maymay may
collect
collectcollect collect
one
oneone one
or
oror or
more
moremore more
installments
installmentsinstallmentsinstallments
of
ofof of
the
thethe the
special
specialspecial special
taxes
taxestaxes taxes
by
byby by
means
meansmeans means
of
ofof of
direct
directdirect direct
billing
billingbilling billing
by
byby by
the
thethe the
District
DistrictDistrict District
of
ofof of
the
thethe the
property
propertyproperty property
owners
ownersowners owners
within
withinwithin within
the
thethe the
District
DistrictDistrict District
if,
if,if, if,
in
inin in
the
thethe the
judgment
judgmentjudgment judgment
of
ofof of
the
thethe the
Finance
FinanceFinance Finance
Director,
Director,Director, Director,
such
suchsuch such
means
meansmeans means
of
ofof of
collection
collectioncollection collection
will
willwill will
reduce
reducereduce reduce
the
thethe the
burden
burdenburden burden
of
ofof of
administering
administeringadministeringadministering
the
thethe the
District
DistrictDistrict District
or
oror or
is
isis is
otherwise
otherwiseotherwise otherwise
appropriate
appropriateappropriateappropriate
in
inin in
the
thethe the
circumstances.
circumstances.circumstances.circumstances.

In
InIn In
such
suchsuch such
event,
event,event, event,
the
thethe the
special
specialspecial special
taxes
taxestaxes taxes
shall
shallshall shall
become
becomebecome become
delinquent
delinquentdelinquent delinquent
if
ifif if
not
notnot not
paid
paidpaid paid
when
whenwhen when
due
duedue due
as
asas as
set
setset set
forth
forthforth forth
in
inin in
any
anyany any
such
suchsuch such
respective
respectiverespective respective
billing
billingbilling billing
to
toto to
the
thethe the
property
propertyproperty property
owners.
owners.owners. owners.

Section
SectionSection Section

6. 6.6. 6.

If
IfIf If
for
forfor for
any
anyany any
reason
reasonreason reason
any
anyany any
portion
portionportion portion
of
ofof of
this
thisthis this
Ordinance
OrdinanceOrdinance Ordinance
is
isis is
found
foundfound found
to
toto to
be
bebe be
invalid.
invalid.invalid. invalid.
or
oror or
if
ifif if
the
thethe the
special
specialspecial special
tax
taxtax tax
is
isis is
found
foundfound found
inapplicable
inapplicableinapplicableinapplicable
to
toto to
any
anyany any
particular
particularparticular particular
parcel
parcelparcel parcel
within
withinwithin within
the
thethe the
District,
District,District, District,
by
byby by
a
aa a
court
courtcourt court
of
ofof of
competent
competentcompetent competent
jurisdiction,
jurisdiction,jurisdiction,jurisdiction,
the
thethe the
balance
balancebalance balance
of
ofof of
this
thisthis this
Ordinance
OrdinanceOrdinance Ordinance
and
andand and
the
thethe the
application
applicationapplication application
of
ofof of
the
thethe the
special
specialspecial special
tax
taxtax tax
to
toto to
the
thethe the
remaining
remainingremaining remaining
parcels
parcelsparcels parcels
within
withinwithin within
the
thethe the
District
DistrictDistrict District
shall
shallshall shall
not
notnot not
be
bebe be
affected.
affected.affected. affected.

Section
SectionSection Section

7. 7.7. 7.

This
ThisThis This
Ordinance
OrdinanceOrdinance Ordinance
shall
shallshall shall
be
bebe be
signed
signedsigned signed
by
byby by
the
thethe the
Mayor
MayorMayor Mayor
of
ofof of
the
thethe the
City
CityCity City
and
andand and
attested
attestedattested attested
by
byby by
the
thethe the
City
CityCity City
Clerk
ClerkClerk Clerk
of
ofof of
the
thethe the
City.

City.City. City.

Within
WithinWithin Within
15 1515 15
days
daysdays days
after
afterafter after
its
itsits its
passage,
passage,passage, passage,
the
thethe the
City
CityCity City
Clerk
ClerkClerk Clerk
shall
shallshall shall
cause
causecause cause
this
thisthis this
Ordinance
OrdinanceOrdinance Ordinance
to
toto to
be
bebe be
published
publishedpublished published
at
atat at
least
leastleast least
once,
once,once, once,
with
withwith with
the
thethe the
names
namesnames names
of
ofof of
those
thosethose those
City
CityCity City
Council
CouncilCouncil Council
members
membersmembers members
voting
votingvoting voting
for
forfor for
and
andand and
against
againstagainst against
this
thisthis this
Ordinance,
Ordinance,Ordinance, Ordinance,
in
inin in
a
aa a
newspaper
newspapernewspaper newspaper
of
ofof of
general
generalgeneral general
circulation
circulationcirculation circulation
printed
printedprinted printed
and
andand and
published
publishedpublished published
in
inin in
San
SanSan San
Bernardino
BernardinoBernardino Bernardino
County
CountyCounty County
and
andand and
circulated
circulatedcirculated circulated
in
inin in
the
thethe the
District.

District.District. District.

Redlands Regular Meeting of 06-04-2024
898 of 1083
Section
SectionSection Section

8. 8.8. 8.

This
ThisThis This
Ordinance
OrdinanceOrdinance Ordinance
shall
shallshall shall
take
taketake take
effect
effecteffect effect
30 3030 30
days
daysdays days
after
afterafter after
its
itsits its
final
finalfinal final
passage.
passage.passage. passage.

APPROVED

APPROVEDAPPROVEDAPPROVED
AND

ANDAND AND

ADOPTED

ADOPTEDADOPTED ADOPTED
by
byby by
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
of
ofof of
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
on
onon on
the
thethe the
5th
5th5th 5th
day
dayday day
of
ofof of
June,
June,June, June,
2001.
2001.2001. 2001.

Pat
PatPat Pat
Gilbreath,
Gilbreath,Gilbreath, Gilbreath,
Mayor
MayorMayor Mayor
ATTEST:

ATTEST:ATTEST: ATTEST:

Lorn
LornLorn Lorn
zer,
zer,zer, zer,
Cit
CitCit Cit
I,

I,I, I,
Lorrie
LorrieLorrie Lorrie
Poyzer,
Poyzer,Poyzer, Poyzer,
City
CityCity City
Clerk
ClerkClerk Clerk
of
ofof of
the
thethe the
City
CityCity City
of
ofof of
Redlands,
Redlands,Redlands, Redlands,
hereby
herebyhereby hereby
certify
certifycertify certify
that
thatthat that
the
thethe the
foregoing
foregoingforegoing foregoing
ordinance
ordinanceordinance ordinance
was
waswas was
duly
dulyduly duly
adopted
adoptedadopted adopted
by
byby by
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
at
atat at
a
aa a
regular
regularregular regular
meeting
meetingmeeting meeting
thereof
thereofthereof thereof
held
heldheld held
on
onon on
the
thethe the
5th
5th5th 5th
day
dayday day
of
ofof of
June,
June,June, June,
2001,
2001,2001, 2001,
by
byby by
the
thethe the
following
followingfollowing following
vote:
vote:vote: vote:

AYES:

AYES:AYES: AYES:

Councilmembers
CouncilmembersCouncilmembersCouncilmembers
George,
George,George, George,
Freedman,
Freedman,Freedman, Freedman,
Peppler,
Peppler,Peppler, Peppler,
Haws;
Haws;Haws; Haws;
Mayor
MayorMayor Mayor
Gilbreath
GilbreathGilbreath Gilbreath
NOES:

NOES:NOES: NOES:

None
NoneNone None
ABSENT:

ABSENT:ABSENT: ABSENT:

None
NoneNone None
ABSTAIN:

ABSTAIN:ABSTAIN: ABSTAIN:

None
NoneNone None
Lorrie
LorrieLorrie Lorrie
zer,
zer,zer, zer,
City
CityCity City
C
CC C
City.

City.City. City.
edlands
edlandsedlands edlands
Redlands Regular Meeting of 06-04-2024
899 of 1083

ORDINANCE

ORDINANCEORDINANCEORDINANCE
NO.

NO.NO. NO.
2569
25692569 2569
AN

ANAN AN

ORDINANCE

ORDINANCEORDINANCEORDINANCE
OF

OFOF OF
THE

THETHE THE
CITY

CITYCITY CITY
OF

OFOF OF

REDLANDS

REDLANDSREDLANDSREDLANDS

LEVYING

LEVYINGLEVYING LEVYING

SPECIAL

SPECIALSPECIAL SPECIAL
TAXES

TAXESTAXES TAXES
WITHIN

WITHINWITHIN WITHIN
THE

THETHE THE
CITY

CITYCITY CITY
OF

OFOF OF

REDLANDS

REDLANDSREDLANDSREDLANDS

COMMUNITY

COMMUNITYCOMMUNITYCOMMUNITY

FACILITIES

FACILITIESFACILITIESFACILITIES

DISTRICT

DISTRICTDISTRICT DISTRICT
NO.

NO.NO. NO.
2003-1
2003-12003-1 2003-1
(REDLANDS
(REDLANDS(REDLANDS(REDLANDS

BUSINESS

BUSINESSBUSINESSBUSINESS

CENTER)

CENTER)CENTER) CENTER)

WHEREAS,

WHEREAS,WHEREAS,WHEREAS,
on
onon on
November
NovemberNovember November
4,
4,4, 4,
2003,
2003,2003, 2003,
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
(the
(the(the (the
"City
"City"City "City
Council")
Council")Council") Council")
of
ofof of
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
(the
(the(the (the
"City")
"City")"City") "City")
adopted
adoptedadopted adopted
a
aa a
resolution
resolutionresolution resolution
entitled
entitledentitled entitled
"A
"A"A "A
Resolution
ResolutionResolution Resolution
of
ofof of
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
of
ofof of
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
of
ofof of
Intention
IntentionIntention Intention
to
toto to
Establish
EstablishEstablish Establish
a
aa a
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
and
andand and
to
toto to
Authorize
AuthorizeAuthorize Authorize
the
thethe the
Levy
LevyLevy Levy
of
ofof of
Special
SpecialSpecial Special
Taxes"
Taxes"Taxes" Taxes"
stating
statingstating stating
its
itsits its
intention
intentionintention intention
to
toto to
establish
establishestablish establish
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
No.

No.No. No.
2003-1
2003-12003-1 2003-1
(Redlands
(Redlands(Redlands (Redlands
Business
BusinessBusiness Business
Center)
Center)Center) Center)
(the
(the(the (the
"Community
"Community"Community"Community
Facilities
FacilitiesFacilities Facilities
District"),
District"),District"), District"),
pursuant
pursuantpursuant pursuant
to
toto to
the
thethe the
Mello-Roos
Mello-RoosMello-RoosMello-Roos
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
Act
ActAct Act
of
ofof of
1982
19821982 1982
(the
(the(the (the
"Act"),
"Act"),"Act"), "Act"),
for
forfor for
the
thethe the
purposes
purposespurposes purposes
set
setset set
forth
forthforth forth
in
inin in
said
saidsaid said
resolution;
resolution;resolution; resolution;

WHEREAS,

WHEREAS,WHEREAS,WHEREAS,
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
has
hashas has
held
heldheld held
a
aa a
noticed
noticednoticed noticed
public
publicpublic public
hearing
hearinghearing hearing
on
onon on
the
thethe the
establishment
establishmentestablishmentestablishment
of
ofof of
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District,
District,District, District,
as
asas as
required
requiredrequired required
by
byby by
the
thethe the
Act;
Act;Act; Act;

WHEREAS,

WHEREAS,WHEREAS,WHEREAS,
subsequent
subsequentsubsequentsubsequent
to
toto to
the
thethe the
hearing,
hearing,hearing, hearing,
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
adopted
adoptedadopted adopted
resolutions
resolutionsresolutions resolutions
entitled
entitledentitled entitled
"A
"A"A "A
Resolution
ResolutionResolution Resolution
of
ofof of
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
of
ofof of
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
of
ofof of
Formation
FormationFormation Formation
of
ofof of
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
No.

No.No. No.
2003-1
2003-12003-1 2003-1
(Redlands
(Redlands(Redlands (Redlands
Business
BusinessBusiness Business
Center),
Center),Center), Center),
Authorizing
AuthorizingAuthorizingAuthorizing
the
thethe the
Levy
LevyLevy Levy
of
ofof of
a
aa a
Special
SpecialSpecial Special
Tax
TaxTax Tax
within
withinwithin within
the
thethe the
District
DistrictDistrict District
and
andand and
Establishing
EstablishingEstablishingEstablishing
an
anan an
Appropriations
AppropriationsAppropriationsAppropriations
Limit
LimitLimit Limit
for
forfor for
the
thethe the
District"
District"District" District"
(the
(the(the (the
"Resolution
"Resolution"Resolution"Resolution
of
ofof of
Formation"),
Formation"),Formation"),Formation"),
"A
"A"A "A
Resolution
ResolutionResolution Resolution
of
ofof of
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
of
ofof of
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
Deeming
DeemingDeeming Deeming
it
itit it
Necessary
NecessaryNecessary Necessary
to
toto to
Incur
IncurIncur Incur
Bonded
BondedBonded Bonded
Indebtedness
IndebtednessIndebtednessIndebtedness
within
withinwithin within
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
No.

No.No. No.
2003-1
2003-12003-1 2003-1
(Redlands
(Redlands(Redlands (Redlands
Business
BusinessBusiness Business
Center)"
Center)"Center)" Center)"
and
andand and
"A
"A"A "A
Resolution
ResolutionResolution Resolution
of
ofof of
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
of
ofof of
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
Calling
CallingCalling Calling
Special
SpecialSpecial Special
Election
ElectionElection Election
for
forfor for
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
No.

No.No. No.
2003-1
2003-12003-1 2003-1
(Redlands
(Redlands(Redlands (Redlands
Business
BusinessBusiness Business
Center)",
Center)",Center)", Center)",
which
whichwhich which
resolutions
resolutionsresolutions resolutions
established
establishedestablishedestablished
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District,
District,District, District,
authorized
authorizedauthorized authorized
the
thethe the
levy
levylevy levy
of
ofof of
a
aa a
special
specialspecial special
tax
taxtax tax
within
withinwithin within
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
and
andand and
called
calledcalled called
an
anan an
election
electionelection election
within
withinwithin within
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
on
onon on
the
thethe the
proposition
propositionproposition proposition
of
ofof of
incurring
incurringincurring incurring
indebtedness,
indebtedness,indebtedness,indebtedness,
levying
levyinglevying levying
a
aa a
special
specialspecial special
tax
taxtax tax
within
withinwithin within
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
and
andand and
establishing
establishingestablishingestablishing
an
anan an
appropriations
appropriationsappropriationsappropriations
limit
limitlimit limit
for
forfor for
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District,
District,District, District,
respectively;
respectively;respectively;respectively;
and
andand and

WHEREAS,

WHEREAS,WHEREAS,WHEREAS,
an
anan an
election
electionelection election
was
waswas was
held
heldheld held
in
inin in
which
whichwhich which
the
thethe the
qualified
qualifiedqualified qualified
electors
electorselectors electors
of
ofof of
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
approved
approvedapproved approved
said
saidsaid said
propositions
propositionspropositionspropositions
by
byby by
more
moremore more
than
thanthan than
the
thethe the
two-thirds
two-thirdstwo-thirds two-thirds
vote
votevote vote
required
requiredrequired required
by
byby by
the
thethe the
Act;
Act;Act; Act;
THE

THETHE THE
CITY

CITYCITY CITY

COUNCIL

COUNCILCOUNCIL COUNCIL
OF

OFOF OF
THE

THETHE THE
CITY

CITYCITY CITY
OF

OFOF OF

REDLANDS

REDLANDSREDLANDSREDLANDS
DOES

DOESDOES DOES
ORDAIN

ORDAINORDAIN ORDAIN
AS

ASAS AS
FOLLOWS:

FOLLOWS:FOLLOWS:FOLLOWS:

Section
SectionSection Section

1. 1.1. 1.

By
ByBy By
the
thethe the
passage
passagepassage passage
of
ofof of
this
thisthis this
Ordinance,
Ordinance,Ordinance, Ordinance,
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
hereby
herebyhereby hereby
authorizes
authorizesauthorizes authorizes
and
andand and
levies
levieslevies levies
special
specialspecial special
taxes
taxestaxes taxes
within
withinwithin within
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
pursuant
pursuantpursuant pursuant
to
toto to
Sections
SectionsSections Sections
53328
5332853328 53328
and
andand and
53340
5334053340 53340
of
ofof of
the
thethe the
Act,
Act,Act, Act,
at
atat at
the
thethe the
rate
raterate rate
and
andand and
in
inin in
accordance
accordanceaccordanceaccordance
with
withwith with
the
thethe the
method
methodmethod method
of
ofof of
apportionment
apportionmentapportionmentapportionment
of
ofof of
the
thethe the
special
specialspecial special
tax
taxtax tax
incorporated
incorporatedincorporatedincorporated
by
byby by
reference
referencereference reference
into
intointo into
the
thethe the
Resolution
ResolutionResolution Resolution
of
ofof of
Formation
FormationFormation Formation
and
andand and
on
onon on
file
filefile file
with
withwith with
the
thethe the
City
CityCity City
Clerk
ClerkClerk Clerk
(the
(the(the (the
"Rate
"Rate"Rate "Rate
and
andand and
Method
MethodMethod Method
of
ofof of
Apportionment").

Apportionment").Apportionment").Apportionment").

The
TheThe The
special
specialspecial special
taxes
taxestaxes taxes
are
areare are
hereby
herebyhereby hereby
levied
leviedlevied levied
commencing
commencingcommencingcommencing
DOCSLAl:428393.4
DOCSLAl:428393.4DOCSLAl:428393.4DOCSLAl:428393.4
Redlands Regular Meeting of 06-04-2024
900 of 1083
in
inin in
fiscal
fiscalfiscal fiscal
year
yearyear year
2004-05
2004-052004-05 2004-05
and
andand and
in
inin in
each
eacheach each
fiscal
fiscalfiscal fiscal
year
yearyear year
thereafter
thereafterthereafter thereafter
until
untiluntil until
the
thethe the
earlier
earlierearlier earlier
of
ofof of
(a)
(a)(a) (a)
the
thethe the
date
datedate date
on
onon on
which
whichwhich which
there
therethere there
are
areare are
no
nono no
bonds
bondsbonds bonds
of
ofof of
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
(the
(the(the (the
"Bonds")
"Bonds")"Bonds") "Bonds")
outstanding,
outstanding,outstanding,outstanding,
or
oror or
(b)
(b)(b) (b)
the
thethe the
fiscal
fiscalfiscal fiscal
year
yearyear year
ending
endingending ending
June
JuneJune June
30,
30,30, 30,
2055.
2055.2055. 2055.

Section
SectionSection Section

2. 2.2. 2.

The
TheThe The
City
CityCity City
Clerk
ClerkClerk Clerk
of
ofof of
the
thethe the
City
CityCity City
is
isis is
hereby
herebyhereby hereby
authorized
authorizedauthorized authorized
and
andand and
directed
directeddirected directed
each
eacheach each
fiscal
fiscalfiscal fiscal
year
yearyear year
to
toto to
determine
determinedetermine determine
the
thethe the
specific
specificspecific specific
special
specialspecial special
tax
taxtax tax
rate
raterate rate
and
andand and
amount
amountamount amount
to
toto to
be
bebe be
levied
leviedlevied levied
for
forfor for
the
thethe the
next
nextnext next
ensuing
ensuingensuing ensuing
fiscal
fiscalfiscal fiscal
year
yearyear year
for
forfor for
each
eacheach each
parcel
parcelparcel parcel
of
ofof of
real
realreal real
property
propertyproperty property
within
withinwithin within
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District,
District,District, District,
in
inin in
the
thethe the
manner
mannermanner manner
and
andand and
as
asas as
provided
providedprovided provided
in
inin in
the
thethe the
Rate
RateRate Rate
and
andand and
Method
MethodMethod Method
of
ofof of
Apportionment.

Apportionment.Apportionment.Apportionment.

Section
SectionSection Section

3. 3.3. 3.

Properties
PropertiesProperties Properties
or
oror or
entities
entitiesentities entities
of
ofof of
the
thethe the
State,
State,State, State,
federal
federalfederal federal
or
oror or
local
locallocal local
governments
governmentsgovernmentsgovernments
shall
shallshall shall
be
bebe be
exempt
exemptexempt exempt
from
fromfrom from
any
anyany any
levy
levylevy levy
of
ofof of
the
thethe the
special
specialspecial special
taxes,
taxes,taxes, taxes,
to
toto to
the
thethe the
extent
extentextent extent
set
setset set
forth
forthforth forth
in
inin in
the
thethe the
Rate
RateRate Rate
and
andand and
Method
MethodMethod Method
of
ofof of
Apportionment.

Apportionment.Apportionment.Apportionment.

In
InIn In
no
nono no
event
eventevent event
shall
shallshall shall
the
thethe the
special
specialspecial special
taxes
taxestaxes taxes
be
bebe be
levied
leviedlevied levied
on
onon on
any
anyany any
parcel
parcelparcel parcel
within
withinwithin within
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
in
inin in
excess
excessexcess excess
of
ofof of
the
thethe the
maximum
maximummaximum maximum
tax
taxtax tax
specified
specifiedspecified specified
in
inin in
the
thethe the
Rate
RateRate Rate
and
andand and
Method
MethodMethod Method
of
ofof of
Apportionment.

Apportionment.Apportionment.Apportionment.

Section
SectionSection Section

4. 4.4. 4.

All
AllAll All
of
ofof of
the
thethe the
collections
collectionscollections collections
of
ofof of
the
thethe the
special
specialspecial special
tax
taxtax tax
shall
shallshall shall
be
bebe be
used
usedused used
as
asas as
provided
providedprovided provided
for
forfor for
in
inin in
the
thethe the
Act,
Act,Act, Act,
the
thethe the
Rate
RateRate Rate
and
andand and
Method
MethodMethod Method
of
ofof of
Apportionment
ApportionmentApportionmentApportionment
and
andand and
the
thethe the
Resolution
ResolutionResolution Resolution
of
ofof of
Formation
FormationFormation Formation
including,
including,including, including,
but
butbut but
not
notnot not
limited
limitedlimited limited
to,
to,to, to,
the
thethe the
payment
paymentpayment payment
of
ofof of
principal
principalprincipal principal
of
ofof of
and
andand and
interest
interestinterest interest
on
onon on
the
thethe the
Bonds,
Bonds,Bonds, Bonds,
the
thethe the
replenishment
replenishmentreplenishmentreplenishment
of
ofof of
the
thethe the
reserve
reservereserve reserve
fund
fundfund fund
for
forfor for
the
thethe the
Bonds,
Bonds,Bonds, Bonds,
the
thethe the
payment
paymentpayment payment
of
ofof of
the
thethe the
costs
costscosts costs
of
ofof of
administering
administeringadministeringadministering
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
and
andand and
the
thethe the
costs
costscosts costs
of
ofof of
collecting
collectingcollecting collecting
and
andand and
administering
administeringadministeringadministering
the
thethe the
special
specialspecial special
tax.
tax.tax. tax.

Section
SectionSection Section

5. 5.5. 5.

The
TheThe The
special
specialspecial special
taxes
taxestaxes taxes
shall
shallshall shall
be
bebe be
collected
collectedcollected collected
from
fromfrom from
time
timetime time
to
toto to
time
timetime time
as
asas as
necessary
necessarynecessary necessary
to
toto to
meet
meetmeet meet
the
thethe the
financial
financialfinancial financial
obligations
obligationsobligations obligations
of
ofof of
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
on
onon on
the
thethe the
secured
securedsecured secured
real
realreal real
property
propertyproperty property
tax
taxtax tax
roll
rollroll roll
in
inin in
the
thethe the
same
samesame same
manner
mannermanner manner
as
asas as
ordinary
ordinaryordinary ordinary
ad
adad ad
valorem
valoremvalorem valorem
taxes
taxestaxes taxes
are
areare are
collected.
collected.collected. collected.

The
TheThe The
special
specialspecial special
taxes
taxestaxes taxes
shall
shallshall shall
have
havehave have
the
thethe the
same
samesame same
lien
lienlien lien
priority,
priority,priority, priority,
and
andand and
be
bebe be
subject
subjectsubject subject
to
toto to
the
thethe the
same
samesame same
penalties
penaltiespenalties penalties
and
andand and
the
thethe the
same
samesame same
procedure
procedureprocedure procedure
and
andand and
sale
salesale sale
in
inin in
cases
casescases cases
of
ofof of
delinquency
delinquencydelinquencydelinquency
as
asas as
provided
providedprovided provided
for
forfor for
ad
adad ad
valorem
valoremvalorem valorem
taxes.
taxes.taxes. taxes.

In
InIn In
addition,
addition,addition, addition,
the
thethe the
provisions
provisionsprovisions provisions
of
ofof of
Section
SectionSection Section
53356.1
53356.153356.1 53356.1
of
ofof of
the
thethe the
Act
ActAct Act
shall
shallshall shall
apply
applyapply apply
to
toto to
delinquent
delinquentdelinquent delinquent
special
specialspecial special
tax
taxtax tax
payments.
payments.payments. payments.

The
TheThe The
Finance
FinanceFinance Finance
Director
DirectorDirector Director
of
ofof of
the
thethe the
City
CityCity City
is
isis is
hereby
herebyhereby hereby
authorized
authorizedauthorized authorized
and
andand and
directed
directeddirected directed
to
toto to
provide
provideprovide provide
all
allall all
necessary
necessarynecessary necessary
information
informationinformation information
to
toto to
the
thethe the
Treasurer
TreasurerTreasurer Treasurer
and
andand and
Tax
TaxTax Tax
Collector
CollectorCollector Collector
of
ofof of
San
SanSan San
Bernardino
BernardinoBernardino Bernardino
County
CountyCounty County
and
andand and
to
toto to
otherwise
otherwiseotherwise otherwise
take
taketake take
all
allall all
actions
actionsactions actions
necessary
necessarynecessary necessary
in
inin in
order
orderorder order
to
toto to
effect
effecteffect effect
proper
properproper proper
billing
billingbilling billing
and
andand and
collection
collectioncollection collection
of
ofof of
the
thethe the
special
specialspecial special
tax,
tax,tax, tax,
so
soso so
that
thatthat that
the
thethe the
special
specialspecial special
tax
taxtax tax
shall
shallshall shall
be
bebe be
levied
leviedlevied levied
and
andand and
collected
collectedcollected collected
in
inin in
sufficient
sufficientsufficient sufficient
amounts
amountsamounts amounts
and
andand and
at
atat at
the
thethe the
times
timestimes times
necessary
necessarynecessary necessary
to
toto to
satisfy
satisfysatisfy satisfy
the
thethe the
financial
financialfinancial financial
obligations
obligationsobligations obligations
of
ofof of
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
in
inin in
each
eacheach each
fiscal
fiscalfiscal fiscal
year.
year.year. year.

Notwithstanding
NotwithstandingNotwithstandingNotwithstanding
the
thethe the
foregoing,
foregoing,foregoing, foregoing,
the
thethe the
Finance
FinanceFinance Finance
Director
DirectorDirector Director
of
ofof of
the
thethe the
City
CityCity City
may
maymay may
collect
collectcollect collect
one
oneone one
or
oror or
more
moremore more
installments
installmentsinstallmentsinstallments
of
ofof of
the
thethe the
special
specialspecial special
taxes
taxestaxes taxes
by
byby by
means
meansmeans means
of
ofof of
direct
directdirect direct
billing
billingbilling billing
by
byby by
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
of
ofof of
the
thethe the
property
propertyproperty property
owners
ownersowners owners
within
withinwithin within
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
if,
if,if, if,
in
inin in
the
thethe the
judgment
judgmentjudgment judgment
of
ofof of
the
thethe the
Finance
FinanceFinance Finance
Director,
Director,Director, Director,
such
suchsuch such
means
meansmeans means
of
ofof of
collection
collectioncollection collection
will
willwill will
reduce
reducereduce reduce
the
thethe the
burden
burdenburden burden
of
ofof of
administering
administeringadministeringadministering
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
or
oror or
is
isis is
otherwise
otherwiseotherwise otherwise
appropriate
appropriateappropriateappropriate
in
inin in
the
thethe the
circumstances.
circumstances.circumstances.circumstances.

In
InIn In
such
suchsuch such
event,
event,event, event,
the
thethe the
special
specialspecial special
taxes
taxestaxes taxes
shall
shallshall shall
become
becomebecome become
delinquent
delinquentdelinquent delinquent
if
ifif if
not
notnot not
paid
paidpaid paid
when
whenwhen when
due
duedue due
as
asas as
set
setset set
forth
forthforth forth
in
inin in
any
anyany any
such
suchsuch such
respective
respectiverespective respective
billing
billingbilling billing
to
toto to
the
thethe the
property
propertyproperty property
owners.
owners.owners. owners.

Section
SectionSection Section

6. 6.6. 6.

If
IfIf If
for
forfor for
any
anyany any
reason
reasonreason reason
any
anyany any
portion
portionportion portion
of
ofof of
this
thisthis this
Ordinance
OrdinanceOrdinance Ordinance
is
isis is
found
foundfound found
to
toto to
be
bebe be
invalid,
invalid,invalid, invalid,
or
oror or
if
ifif if
the
thethe the
special
specialspecial special
tax
taxtax tax
is
isis is
found
foundfound found
inapplicable
inapplicableinapplicableinapplicable
to
toto to
any
anyany any
particular
particularparticular particular
parcel
parcelparcel parcel
within
withinwithin within
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District,
District,District, District,
by
byby by
a
aa a
court
courtcourt court
of
ofof of
competent
competentcompetent competent
jurisdiction,
jurisdiction,jurisdiction,jurisdiction,
the
thethe the
balance
balancebalance balance
of
ofof of
this
thisthis this
Ordinance
OrdinanceOrdinance Ordinance
and
andand and
the
thethe the
application
applicationapplication application
oocsta
oocstaoocsta oocsta
e428393.4
e428393.4e428393.4 e428393.4
2 22 2
Redlands Regular Meeting of 06-04-2024
901 of 1083
the
thethe the
special
specialspecial special
tax
taxtax tax
to
toto to
the
thethe the
remaining
remainingremaining remaining
parcels
parcelsparcels parcels
within
withinwithin within
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District
DistrictDistrict District
shall
shallshall shall
not
notnot not
be
bebe be
affected.
affected.affected. affected.

Section
SectionSection Section

7. 7.7. 7.

This
ThisThis This
Ordinance
OrdinanceOrdinance Ordinance
shall
shallshall shall
be
bebe be
signed
signedsigned signed
by
byby by
the
thethe the
Mayor
MayorMayor Mayor
of
ofof of
the
thethe the
City
CityCity City
and
andand and
attested
attestedattested attested
by
byby by
the
thethe the
City
CityCity City
Clerk
ClerkClerk Clerk
of
ofof of
the
thethe the
City.

City.City. City.

Within
WithinWithin Within
15 1515 15
days
daysdays days
after
afterafter after
its
itsits its
passage,
passage,passage, passage,
the
thethe the
City
CityCity City
Clerk
ClerkClerk Clerk
shall
shallshall shall
cause
causecause cause
this
thisthis this
Ordinance
OrdinanceOrdinance Ordinance
to
toto to
be
bebe be
published
publishedpublished published
at
atat at
least
leastleast least
once,
once,once, once,
with
withwith with
the
thethe the
names
namesnames names
of
ofof of
those
thosethose those
City
CityCity City
Council
CouncilCouncil Council
members
membersmembers members
voting
votingvoting voting
for
forfor for
and
andand and
against
againstagainst against
this
thisthis this
Ordinance,
Ordinance,Ordinance, Ordinance,
in
inin in
a
aa a
newspaper
newspapernewspaper newspaper
of
ofof of
general
generalgeneral general
circulation
circulationcirculation circulation
printed
printedprinted printed
and
andand and
published
publishedpublished published
in
inin in
San
SanSan San
Bernardino
BernardinoBernardino Bernardino
County
CountyCounty County
and
andand and
circulated
circulatedcirculated circulated
in
inin in
the
thethe the
Community
CommunityCommunityCommunity
Facilities
FacilitiesFacilities Facilities
District.

District.District. District.

Section
SectionSection Section

8. 8.8. 8.

This
ThisThis This
Ordinance
OrdinanceOrdinance Ordinance
shall
shallshall shall
take
taketake take
effect
effecteffect effect
30 3030 30
days
daysdays days
after
afterafter after
its
itsits its
final
finalfinal final
passage.
passage.passage. passage.

APPROVED

APPROVEDAPPROVEDAPPROVED
and
andand and

ADOPTED

ADOPTEDADOPTED ADOPTED
by
byby by
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
of
ofof of
the
thethe the
City
CityCity City
of
ofof of
Redlands
RedlandsRedlands Redlands
on
onon on
the
thethe the
20*
20*20* 20*
day
dayday day
of
ofof of
January,
January,January, January,
2004.
2004.2004. 2004.

Mayor
MayorMayor Mayor
of
ofof of
the
thethe the
City
CityCity City
df
dfdf df
Redlands
RedlandsRedlands Redlands
ATTEST:

ATTEST:ATTEST: ATTEST:

Citytlerk
CitytlerkCitytlerk Citytlerk
of
ofof of
Cp
CpCp Cp
Redlands
RedlandsRedlands Redlands
DOCSLA

DOCSLADOCSLA DOCSLA
I:428303.4
I:428303.4I:428303.4 I:428303.4
3 33 3
Redlands Regular Meeting of 06-04-2024
902 of 1083
CITY

CITYCITY CITY

CLERK'S

CLERK'SCLERK'S CLERK'S

CERTIFICATE

CERTIFICATECERTIFICATECERTIFICATE
I,

I,I, I,
Lorrie
LorrieLorrie Lorrie
Poyzer,
Poyzer,Poyzer, Poyzer,
City
CityCity City
Clerk
ClerkClerk Clerk
of
ofof of
the
thethe the
City
CityCity City
of
ofof of
Redlands,
Redlands,Redlands, Redlands,
hereby
herebyhereby hereby
certify
certifycertify certify
that
thatthat that
the
thethe the
foregoing
foregoingforegoing foregoing
is
isis is
a
aa a
full,
full,full, full,
true
truetrue true
and
andand and
correct
correctcorrect correct
copy
copycopy copy
of
ofof of
the
thethe the
actual
actualactual actual
Ordinance
OrdinanceOrdinance Ordinance
introduced
introducedintroduced introduced
at
atat at
a
aa a
regular
regularregular regular
meeting
meetingmeeting meeting
of
ofof of
the
thethe the
City
CityCity City
Council
CouncilCouncil Council
of
ofof of
said
saidsaid said
City
CityCity City
duly
dulyduly duly
and
andand and
regularly
regularlyregularly regularly
held
heldheld held
on
onon on
January
JanuaryJanuary January
6,
6,6, 6,
2004,
2004,2004, 2004,
of
ofof of
which
whichwhich which
meeting
meetingmeeting meeting
all
allall all
of
ofof of
the
thethe the
members
membersmembers members
of
ofof of
said
saidsaid said
City
CityCity City
Council
CouncilCouncil Council
had
hadhad had
due
duedue due
notice
noticenotice notice
and
andand and
at
atat at
which
whichwhich which
a
aa a
majority
majoritymajority majority
thereof
thereofthereof thereof
were
werewere were
present;
present;present; present;
and
andand and
was
waswas was
finally
finallyfinally finally
passed
passedpassed passed
and
andand and
adopted
adoptedadopted adopted
not
notnot not
less
lessless less
than
thanthan than
five
fivefive five
(5)
(5)(5) (5)
days
daysdays days
thereafter
thereafterthereafter thereafter
on
onon on
the
thethe the
20th
20th20th 20th
day
dayday day
of
ofof of
January,
January,January, January,
2004,
2004,2004, 2004,
by
byby by
the
thethe the
following
followingfollowing following
vote:
vote:vote: vote:

AYES:

AYES:AYES: AYES:

Councilmembers
CouncilmembersCouncilmembersCouncilmembers
Gil,
Gil,Gil, Gil,
Gilbreath,
Gilbreath,Gilbreath, Gilbreath,
George,
George,George, George,
Harrison;
Harrison;Harrison; Harrison;
Mayor
MayorMayor Mayor
Peppler
PepplerPeppler Peppler
NOES:

NOES:NOES: NOES:

None
NoneNone None
ABSENT:

ABSENT:ABSENT: ABSENT:

None
NoneNone None
ABSTAIN:

ABSTAIN:ABSTAIN: ABSTAIN:

None
NoneNone None
Cit'y
Cit'yCit'y Cit'y
Clerk
ClerkClerk Clerk
o
oo o
ity
ityity ity
of
ofof of
Redlands
RedlandsRedlands Redlands
I
II I
further
furtherfurther further
certify
certifycertify certify
that
thatthat that
I
II I
have
havehave have
carefully
carefullycarefully carefully
compared
comparedcompared compared
the
thethe the
same
samesame same
with
withwith with
the
thethe the
original
originaloriginal original
minutes
minutesminutes minutes
of
ofof of
said
saidsaid said
meeting
meetingmeeting meeting
on
onon on
file
filefile file
and
andand and
of
ofof of
record
recordrecord record
in
inin in
my
mymy my
office;
office;office; office;
that
thatthat that
the
thethe the
foregoing
foregoingforegoing foregoing
Ordinance
OrdinanceOrdinance Ordinance
is
isis is
a
aa a
full,
full,full, full,
true
truetrue true
and
andand and
correct
correctcorrect correct
copy
copycopy copy
of
ofof of
the
thethe the
original
originaloriginal original
Ordinance
OrdinanceOrdinance Ordinance
adopted
adoptedadopted adopted
at
atat at
said
saidsaid said
meeting
meetingmeeting meeting
and
andand and
entered
enteredentered entered
in
inin in
said
saidsaid said
minutes;
minutes;minutes; minutes;
and
andand and
that
thatthat that
said
saidsaid said
Ordinance
OrdinanceOrdinance Ordinance
has
hashas has
not
notnot not
been
beenbeen been
amended,
amended,amended, amended,
modified
modifiedmodified modified
or
oror or
rescinded
rescindedrescinded rescinded
since
sincesince since
the
thethe the
date
datedate date
of
ofof of
its
itsits its
adoption,
adoption,adoption, adoption,
and
andand and
the
thethe the
same
samesame same
is
isis is
now
nownow now
in
inin in
full
fullfull full
force
forceforce force
and
andand and
effect.
effect.effect. effect.

Dated:

Dated:Dated: Dated:

January
JanuaryJanuary January
20,
20,20, 20,
2004
20042004 2004
Cip/Clerk
Cip/ClerkCip/Clerk Cip/Clerk
of
ofof of
t
tt t
y
yy y
of
ofof of
Redlands
RedlandsRedlands Redlands
DOCSLA1:428393.4
DOCSLA1:428393.4DOCSLA1:428393.4DOCSLA1:428393.4
Redlands Regular Meeting of 06-04-2024
903 of 1083
City Council Meeting M. 3.

DATE: 06/04/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the Citywide Annual Purchase Orders for miscellaneous tools, equipment and supplies for Fiscal Year 2024-2025 for a total not to exceed $1,080,000 (Assistant City Manager McConnell)
MOTION(S):

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

I move to approve the Citywide Annual Purchase Orders with Lowe’s, Fastenal, Home Depot, and Office Depot for Fiscal Year 2024-2025.

RECOMMENDATION:

Staff recommends approval of the citywide Annual Purchase Orders.

DISCUSSION:

Staff is requesting City Council approval for citywide Annual Purchase Orders with Lowe’s, Fastenal, Home Depot and Office Depot to provide miscellaneous tools, equipment, and supplies on a need-by-need basis for “not-to-exceed” total annual amounts as described below:

A. Fastenal
The City will leverage "Omnia Partners, Public Sector" cooperative purchasing contract for facilities, maintenance industrial supplies and tools, offering an average of 30% discount off wholesale prices. Purchases will be done through the City’s automated warehouse program. The cooperative contract agreement has been competitively solicited, evaluated, and awarded. Based on year to date purchases, savings are estimated at approximately $57,000.

Redlands Regular Meeting of 06-04-2024
904 of 1083
B. Home Depot
The City will leverage "Omnia Partners, Public Sector" cooperative purchasing agreement with Home Depot for retail maintenance, repair and operating commodities. The City receives 5% rebate for all of its purchases. The cooperative purchasing agreement has been competitively solicited, evaluated, and awarded. Based on year to date purchases, savings are estimated at approximately $18,000.

C. Lowe’s
The City will leverage "Omnia Partners, Public Sector" cooperative purchasing agreement with Lowe’s, and will receive 7% discount for all of its purchases at the point of purchase. Based on year to date purchases, savings are estimated at approximately $17,000. The current Omnia contract expires on March 31, 2025. Purchasing will roll over the Lowe's Purchase Order upon new similar contract.

D. Office Depot
The City will leverage "Omnia Partners, Public Sector" cooperative purchasing agreement for office supplies with Office Depot. The City saves on average, a minimum, 10% on the majority of purchased items compared to its retail prices, as per the cooperative purchasing agreement which has been competitively solicited, evaluated and awarded. Based on year to date purchases, savings are estimated at approximately $22,500.

The following annual purchase order amounts for miscellaneous tools, services, equipment and supplies have been budgeted by each department and will be encumbered.

VENDOR NOT TO EXCEED
AMOUNT
Lowe’s $200,000
Home Depot $350,000
Office Depot $280,000
Fastenal $250,000
TOTAL $1,080,000
ALTERNATIVES:

Reject staff request for approval of Citywide Annual Purchase Orders STRATEGIC PLAN:

Not Applicable
Redlands Regular Meeting of 06-04-2024
905 of 1083
SUBMITTED BY:

Janice McConnell, Assistant City Manager
RECOMMENDED BY:

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

Yvette Abich Garcia, City Attorney
Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Dana Abramovitz-Daniel, Procurement Manager
Fiscal Impact
Fiscal Year: 2025
Revenue Generating: No
Appropriation Required Y/N: N
Discussion:

Attachments
Fastenal Omnia Contract
Home Depot Omnia Contract
Office Depot Omnia Contract
Lowe's Omnia Contract
Redlands Regular Meeting of 06-04-2024
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City Council Meeting M. 4.

DATE: 06/04/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Fiscal Year 2024-25 Facilities and Community Services Department Annual Purchase Orders and Agreements for a total encumbered amount not-to-exceed $6,480,536 and a total not-to-exceed amount of $9,154,356, rejection of Rupe's Hydraulics bid due to non-conformance (Facilities and Community Services Department Director Crocker)
MOTION(S):

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

I move that the City Council determine approval of the Fiscal Year 2024-25 Facilities and Community Services Department's Agreements and Annual Purchase Orders is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act;

1. I move to reject the bid from Rupe's Hydraulics in the amount of $49,490; and

2. I move to approve the Fiscal Year 2024-25 Facilities and Community Services Department's Agreements and Annual Purchase Orders as itemized in the staff report.

3. RECOMMENDATION:

Staff recommends City Council reject the bid from Rupe's Hydraulics in the amount of $49,490 due to non-conformance to city standards; determine that approval of the Fiscal Year 2024-25 Facilities and Community Services Department Agreements and Annual Purchase Orders is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and approve the Fiscal Year 2024-25 Facilities and Community Services Department's Agreement and Annual Purchase Orders for a total FY 2024-25 encumbered amount not-to-exceed $6,480,536 and a total not-to exceed amount of $9,154,396.

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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 in accordance with the City's purchasing policy, staff is seeking approval for the following:

Equipment Maintenance Division
The Facilities and Community Services Department's Equipment Maintenance Division oversees the maintenance of approximately 600 units of vehicles, heavy equipment, generators, and compressors, as well as the operation of the City’s LNG/CNG fuel station. In support of the repair and maintenance of the vehicles and equipment, it is essential for staff to procure support from various vendors for fleet maintenance, generator repairs, fabrication, and various parts suppliers.

Building Maintenance Division
The City of Redlands Building Maintenance Division provides maintenance services to all city facilities, including the Civic Center, State Street City Hall, A.K. Smiley Library, Lincoln Shrine, four fire stations, the Police Annex, Joslyn Senior Center, the Community and Senior Center, facilities at the Corporate Yard, and Hillside Memorial Park. In addition, two parking structures are maintained by this division. Employees complete a wide range of building maintenance functions including carpentry, plumbing, electrical, HVAC, painting and general cleaning services. This crew is also utilized for special projects, including office construction and remodeling.

In accordance with the City's procurement guidelines, formal Request for Bids (RFB's) were advertised for the provision of fire fleet maintenance, generator parts and repair services, OEM Cummins parts and repairs, onsite fabrication services, hydraulic cylinder repair, and solid waste truck parts. On March 6, 2023, March 14, 2023, and March 26, 2023, the City Clerk's office received bids in accordance with each RFB. Staff evaluated each bid for conformance with the scope of services and qualifications and verified the total price listed on each Bid Opening Report.

These annual purchase orders and agreements are included in the Fiscal Year 2024-25 budget request and will be encumbered for FY 2024-25 not to exceed the total annual amount of $6,480,536 and a total not to exceed amount of $9,154,356 as described in the chart below.

Vendor Service
Annual
Not-to-Exceed
Amount
Total
Not-to-Exceed Division(s) Type
Fire
Apparatus
Solutions
Fire Fleet
Maintenance
and Repair
$306,400 $919,200 Equip.

Maint.

Bid
On Power
Industries
Generator
Maintenance
and Repair
$90,530 $271,590 Equip.

Maint.

Bid
P & S Truck
Supply, Inc.
dba P & S
Truck Center
OEM
Cummins
Parts and
Service
$300,000 $900,000 Equip.

Maint.

Bid
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Redlands
Ironworks Inc.

Onsite
Fabrication
Services
$75,000 $225,000 Equip.

Maint.

Bid
Ray Gaskin
Service
Hydraulic
Cylinder
Parts and
Repair
$105,000 $315,000 Equip.

Maint.

Bid
Wastebuilt
Environmental
Solutions, LLC
Solid Waste
Truck Parts
$200,000 $600,000 Equip.

Maint.

Bid
Bernell
Hydraulics
OEM Parker
Hannifin
Hydraulic
Hoses and
equipment
$370,000 $890,000 Equip.

Maint.

Agreement
Amendment
Ben's Lock &
Key
Locksmith
Services
$50,000 $50,000 Building
Maint.

Sole Source
AMREP OEM Amrep
Parts and
Service
$160,000 $160,000 Equip.

Maint.

Sole Source
Clean Energy Fuel Island
Maintenance
$90,000 $90,000 Equip.

Maint.

Sole Source
Ray Gaskin
Service
OEM New
Way Parts
$200,000 $200,000 Equip.

Maint.

Sole Source
Rush Truck
Center
OEM
Peterbilt Parts
$150,000 $150,000 Equip.

Maint.

Sole Source
SVT Fleet,
LLC
On-site Fleet
Maintenance
and Repair
Services
$1,106,000 $1,106,000 Equip.

Maint.

Sole Source
Enterprise FM
Trust
Vehicle
Lease
Program
$2,963,000 $2,963,000 Equip.

Maint.

Cooperative
Purchase
Geo-Tab Telematics
and
Drivecam
Fleet
Management
System
$168,606 $168,606 Equip.

Maint.

Cooperative
Purchase
Genuine Auto
Parts dba
NAPA Auto
Parts
Automotive
Parts
$146,000 $146,000 Equip.

Maint.

Cooperative
Purchase
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Staff reviewed submitted bids for compliance with the scope of specifications requested per the RFB. Staff recommends that the City Council reject the bid from Rupe’s Hydraulics in the amount of $49,940 as non-responsible as the quoted rates are not equivalent to prevailing wage requirements. Staff further recommends the City Council approve an agreement with Gaskin Sales and Service in the amount not-to-exceed $105,000 for a period of one year, with two additional one-year renewal options for a total agreement amount not-to-exceed $315,000.

Agreement with On Power Industries for Generator Maintenance and Repair. The total bid amount for this service is $32,965. The bid amount reflects the total cost of the preventive maintenance and testing for the City’s generators. The annual Purchase Order request is in the amount of $90,530 and is based on historical expenditures for the labor and parts required for repairs beyond the initial preventive maintenance and testing.

Agreement with P & S Truck Supply for OEM Cummins Parts and Service. During the bidding process, the bid amount reflects an estimated number of parts and hours of service and is used to compare responsive bidders. The total bid amount for specified parts and service is $75,000. The annual Purchase Order request is in the amount of $300,000 and is based on historical expenditures for this service.

Agreement Amendment
On December 5, 2023, the City Council approved an agreement with Bernell Hydraulics Inc. for the supply of OEM Parker Hannifin Hydraulic Hoses and Accessories. Due to an increased need to replace hydraulic hoses and an increase in the price of materials, staff is recommending that the City Council approve a First Amendment to the Agreement with Bernell Hydraulics for an amount not to exceed $370,000 for the second and third terms, for a total not-to-exceed amount of $890,000.

Sole Source Purchase Orders
In accordance with the City's purchasing policy, sole or single source purchases exceeding $30,000 require City Council approval. These purchases are typically warranted because the vendor is the sole-authorized dealer and purchasing from another vendor would void the manufacturer's warranty, and/or the vendor's product has been standardized for use. Fiscal Year 2024-25 purchases through these annual purchase orders are anticipated not to exceed $1,756,000.

Cooperative Purchase Orders
In accordance with the City’s procurement policies, the City utilizes existing cooperative contract agreements for supplies and services through Sourcewell. By utilizing the Sourcewell Cooperative purchasing arrangement, the City can benefit from previously posted bid packages that have been competitively bid and awarded. Agencies can review bid results from more than 50,000 government, educational, and nonprofit organizations and draw from the terms and pricing for similar units and vehicles. Fiscal Year 2024-25 cooperative purchases are anticipated not to exceed $3,277,606.

City Council approval of these annual agreements and purchase orders is exempt from environmental review pursuant to Sections 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act as it can be seen with certainty that approval of these annual purchase orders will have no significant effect on the environment.

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ALTERNATIVES:

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

STRATEGIC PLAN:

N/A
SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Department Director RECOMMENDED BY:

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

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

Larry Alms, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2024-25
Amount: $6,480,536
Budgeted Y/N: Y
Account No.: Various
Discussion:

Funding for these annual agreements and purchase orders are included in each Division's Operating Budget request for FY 2024-25.

Attachments
Agreement List and Bid Reports
Agreement with FAS
Agreement with On Power Industries
Agreement with P & S Truck
Agreement with Ray Gaskin
Agreement with Redlands Ironworks
Agreement with SVT
Agreement with Wastebuilt
First Amendment with Bernell
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Cooperative Purchase Orders
Sole Source Purchase Orders
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Redlands Regular Meeting of 06-04-2024
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Redlands Regular Meeting of 06-04-2024
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Redlands Regular Meeting of 06-04-2024
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Redlands Regular Meeting of 06-04-2024
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Redlands Regular Meeting of 06-04-2024
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Redlands Regular Meeting of 06-04-2024
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Redlands Regular Meeting of 06-04-2024
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Redlands Regular Meeting of 06-04-2024
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I:\cmo\Agreements\Kalmikov Enterprises dba Fire Apparatus Solutions FY23-0094.docx-ms 1 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES

This agreement for the provision of Fire Fleet Maintenance & Repairs (“Agreement”) is made and entered in this 4th day of June, 2024 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Kalmikov Enterprises, Inc. , a California corporation, dba Fire Apparatus Solutions (“Contractor”). 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 CONTRACTOR

1.1 City hereby engages Contractor to perform Fire Fleet Maintenance & Repair 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.

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, Facilities & 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 The 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.

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I:\cmo\Agreements\Kalmikov Enterprises dba Fire Apparatus Solutions FY23-0094.docx-ms 2 4.2 The term of this Agreement shall be for a period of one (1) year from July 1, 2024 (the “Initial Term”). The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Contractor at least thirty ( 30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

4.3 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 obligation of Contractor to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of three hundred six thousand four hundred dollars ($306,400) 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 six thousand four hundred dollars ($306,400) for the first Extended Term; and three hundred six thousand four hundred dollars ($306,400) for the second Extended Term, bringing the total possible amount of compensation to a not -to-exceed amount of nine hundred nineteen thousand two hundred dollars ($919,200). 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 “ B,” titled “Price and Fee Bid,” which is attached hereto and incorporated herein by reference.

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

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

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

CITY CONTRACTOR
City Clerk William Kalmikov, President
City of Redlands Kalmikov Enterprises, Inc. DBA
35 Cajon Street Fire Apparatus Solutions
Redlands Regular Meeting of 06-04-2024
956 of 1083

I:\cmo\Agreements\Kalmikov Enterprises dba Fire Apparatus Solutions FY23-0094.docx-ms 3 P.O. Box 3005 (mailing) 1762 S. Sycamore Ave.

Redlands, CA 92373 Rialto, CA 92376
[email protected] [email protected]
(909) 798-7531 909-879-7354

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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

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

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “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 Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

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

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

Redlands Regular Meeting of 06-04-2024
957 of 1083

I:\cmo\Agreements\Kalmikov Enterprises dba Fire Apparatus Solutions FY23-0094.docx-ms 4 ARTICLE 7 – CONFLICTS OF INTEREST

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

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

A. Does not make a governmental decision whether to:

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

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

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

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

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I:\cmo\Agreements\Kalmikov Enterprises dba Fire Apparatus Solutions FY23-0094.docx-ms 5 8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be d eemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than 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 due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project re lated data, drawings, spe cifications, 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 records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.

8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein , 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 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 tr ied and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

Redlands Regular Meeting of 06-04-2024
959 of 1083

I:\cmo\Agreements\Kalmikov Enterprises dba Fire Apparatus Solutions FY23-0094.docx-ms 6 8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.

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

CITY OF REDLANDS KALMIKOV ENTERPRISES, INC.

DBA FIRE APPARATUS SOLUTIONS

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor William Kalmikov, President

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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I:\cmo\Agreements\Kalmikov Enterprises dba Fire Apparatus Solutions FY23-0094.docx-ms 7 EXHIBIT "A"

SCOPE OF SERVICES

SECTION I. RESPONSIBILITIES

A. Contractor shall obtain and maintain the following required Registrations and Licensing:
• All registrations and licensing required for Fire Apparatus Repair • NFPA Training of shop technicians and manager
• California State Certified Fire Mechanic or EVT Certified • Apparatus Licensed Sales and Servicing Dealer
• Authorized Meritor repair facility designation

B. Contractor shall assume responsibility for City equipment from time of pick-up through delivery.

C. Contractor shall provide all of their own test equipment and tools necessary to perform the required tasks.

D. Contractor shall provide the City of Redlands Fire Department/Fleet with a 24/7 call-out list in case of an emergency.

E. Maintenance and Repairs on an as-needed basis for the City’s Fire Truck Fleet including the following actions:

1. City will notify Contractor of requested equipment maintenance and/or repairs.

2. Contractor shall inspect equipment at a specified City location on a specific date, or prepare a quote based on specific repairs needed.

F. When Contractor prepares quotes the following will be provided:

1. All quotes shall identify the type of parts to be used for repair: OEM, aftermarket or salvaged.

2. All quotes shall be submitted to the Fleet coordinator for approval prior to commencement of work.

G. All body and repair work shall be performed by contractor, not subcontracted, except major components i.e. transmission, steering box, or differentials.

1. Prior approval from the Fleet Supervisor is required for any subcontracted work.

H. All Federal/State/City/DOT/NFPA codes that may apply to the apparatus being repaired must be maintained; and all work performed to maintain such code.

I. Contractor shall insure any/all pertaining warranties are utilized.

SECTION II. HAZARDOUS CHEMICALS AND WASTE
A. The Contractor shall bear full and exclusive responsibility for any release by vendor of hazardous or non-hazardous chemicals or substances during the course of performance of the agreement.

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I:\cmo\Agreements\Kalmikov Enterprises dba Fire Apparatus Solutions FY23-0094.docx-ms 8 B. Contractor shall immediately report any such release to the City employee accepting delivery.

C. Contractor shall be solely responsible for all claims and expenses associated with the response to, removal any remediation of the release, including, without limit, payment of any fines or penalties levied against the City and its officers, agents and employees as a result of such release.

SECTION III. ANNUAL SERVICES & AS NEEDED SERVICES

Contractor shall perform the following items annually:

1 Annual Service Tests of Fire Pump Systems on Fire Apparatus per NFPA 1911 2 Aerial ladder inspection and third-party UL Testing
3 State of California vehicle emissions on G-55 and U-355 and Heavy-duty diesel smoke emission testing required by California Code of Regulations Section 2180, Title 13

Contractor shall provide the following as needed:

1 Generator repair services for Onan, Harrison, and Smart Power 2 Diagnostic capabilities for DD13/15, Series 60, Cummins, Bendix ABS, Wabco ABS and Allison DOC
3 Multiplex diagnostic & programming capability for: Weldon, Class1 Eskey and Command Center Systems

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I:\cmo\Agreements\Kalmikov Enterprises dba Fire Apparatus Solutions FY23-0094.docx-ms 9 EXHIBIT "B"

PRICE AND FEE BID

DESCRIPTION UNIT AMOUNT
1 Annual Service Tests of Fire Pump Systems Each $450.00 2 Pre-Inspection Annual Aerial Ladder Testing Each $350.00 3 Third Party (UL) Annual Aerial Ladder Testing Each $2,300.00 4 Labor Rate Hourly $120.00
5 Pick-up/Delivery Charge Per Vehicle No charge

DESCRIPTION AMOUNT
1 Parts Markup Cost + 18%

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I:\cmo\Agreements\Kalmikov Enterprises dba Fire Apparatus Solutions FY23-0094.docx-ms 10 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 wit h such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

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

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

KALMIKOV ENTERPRISES, INC.

DBA FIRE APPARATUS SOLUTIONS

By: Date: ___________________
William Kalmikov, President

Redlands Regular Meeting of 06-04-2024
964 of 1083

I:\cmo\Agreements\On Power Industries LLC Agreement FY23-0095.docx-ms 1 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES

This agreement for the provision of Generator Repair Service and Preventative Maintenance (“Agreement”) is made and entered in this 4th day of June, 2024 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and On Power Industries LLC, a California limited liability company (“Contractor”). 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 CONTRACTOR

1.1 City hereby engages Contractor to perform Generator Repair Service and Preventative Maintenance 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.

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, Facilities & 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 The 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.

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I:\cmo\Agreements\On Power Industries LLC Agreement FY23-0095.docx-ms 2 4.2 The term of this Agreement shall be for a period of (1) year from July 1, 2024 (the “Initial Term”). The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one -year terms (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

4.3 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 obligation of Contractor to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of ninety thousand five hundred thirty dollars ($90,530) 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 ninety thousand five hundred thirty dollars ($90,530) for the first Extended Term; and ninety thousand five hundred thirty dollars ($90,530) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of two hundred seventy-one thousand five hundred ninety dollars ($271,590). 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 “B,” titled “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 Services were performed, the number of hours spent and by whom.

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

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

CITY CONTRACTOR
City Clerk Andrew Clapp, Owner
City of Redlands On Power Industries LLC
35 Cajon Street 1451 Road Runner Drive
Redlands Regular Meeting of 06-04-2024
966 of 1083

I:\cmo\Agreements\On Power Industries LLC Agreement FY23-0095.docx-ms 3 P.O. Box 3005 (mailing) Corona, CA 92881
Redlands, CA 92373 [email protected]
[email protected] (951) 395-0408
(909) 798-7531

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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

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

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “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 Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

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

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

ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, Redlands Regular Meeting of 06-04-2024
967 of 1083

I:\cmo\Agreements\On Power Industries LLC Agreement FY23-0095.docx-ms 4 interest in real property or investment that would be affected in any manner or degree by the performance of Contractor’s Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

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

A. Does not make a governmental decision whether to:

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

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

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

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

8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, Redlands Regular Meeting of 06-04-2024
968 of 1083

I:\cmo\Agreements\On Power Industries LLC Agreement FY23-0095.docx-ms 5 and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than 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 due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project re lated data, drawings, spe cifications, 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 records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.

8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein , 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 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 tr ied and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

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

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I:\cmo\Agreements\On Power Industries LLC Agreement FY23-0095.docx-ms 6 IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS ON POWER INDUSTRIES LLC

By: ___________________________ By: _________________________ Eddie Tejeda. Mayor Andrew Clapp, Owner

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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I:\cmo\Agreements\On Power Industries LLC Agreement FY23-0095.docx-ms 7 EXHIBIT "A"

SCOPE OF SERVICES

Contractor shall provide the parts listed below to City when requested by City staff.

Contractor shall be paid the costs designated below as compensation for the provision of Contractor's Services.

Contractor shall be paid the cost designated below as compensation for its provision of hourly labor.

Contractor shall submit in writing documentation of any expenses incurred for labor and/or services

Contractor must be responsive to the requests of staff and return voicemails/emails or other requests for services in a timely manner.

*PM A Service will include:

Check air filters
Check the condition of hoses, clamps, lines & fittings
Check & adjust belts
Load test batteries & and check condition of cables and chargers Check block heater
Check the level and condition of coolant
Check for oil/coolant leaks
Check for worn or damaged components
Check operation of control panel
Check ATS control panel for alarms
Check operation of engine & generator
Check for active fault codes, warning lights
Grease fan hub if needed
Grease generator bearing (If needed)
Take fuel samples from tanks
Advise City of all additional needed repairs

*PM B Service will include:

Check air filters
Check condition of hoses, clamps, lines & fittings
Check & adjust belts
Load test batteries
Check condition of battery cables and charger
Check engine block heater
Check level and freeze protection level of coolant
Check for fluid leaks
Check for worn or damaged components
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I:\cmo\Agreements\On Power Industries LLC Agreement FY23-0095.docx-ms 8 Check for operation of control panel
Check ATS control panel for alarms
Check operation of engine & generator
Check for active fault codes and warning lights
Grease fan hub (If needed)
Grease generator bearing (If needed)
Change engine oil
Change oil filter(s)
Change fuel filter(s)
Change fuel/water separator (If applicable)
Change coolant filter (If applicable)
Take oil and coolant samples for laboratory analysis
Take fuel samples from tanks to check for debris
Advise City of all additional needed repairs

2 hour Load Bank Test Procedure will include:

Travel to and from site
Transport load bank and cables
Test generator using resistive load bank at 25% of nameplate rating for 30 minutes, followed by 50% of nameplate rating for 30 minutes, followed by 75% of nameplate rating for 60 minutes, for a total of 2 continuous hours.

After-hours emergency response:

Repairs to stationary generators due to failures preventing start-up, not generating power, and failure to switch over to building
Call back response in 30 minutes or less
On-site within 2 hours
After proposer's normal weekday hours
All hours on weekends (Friday – Sunday)
All hours over holidays

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I:\cmo\Agreements\On Power Industries LLC Agreement FY23-0095.docx-ms 9 EXHIBIT "B"

FEE SCHEDULE

Item No. Description Rate
Generator PM Service Unit Price
1 Portable Generator #1 $1,575.00
2 Stationary Generator #2 $1,150.00
3 Stationary Generator #3 $1,090.00
4 Stationary Generator #4 $1,040.00
5 Stationary Generator #5 $1,040.00
6 Stationary Generator #6 $1,660.00
7 Stationary Generator #7 $1,800.00
8 Stationary Generator #8 $1,350.00
9 Stationary Generator #9 $1,130.00
10 Stationary Generator #10 $1,150.00
11 Stationary Generator #11 $1,290.00
12 Stationary Generator #12 $1,750.00
13 Stationary Generator #13 $1,750.00
14 Stationary Generator #14 $1,750.00
15 Stationary Generator #15 $4,975.00
16 Stationary Generator #16 $1,240.00
17 Stationary Generator #17 $1,210.00
18 Stationary Generator #18 $825.00
19 Weekly Generator Rental Rate $2,450.00
20 Emergency call out rate $300.00
21 Parts mark up rate $240.00

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I:\cmo\Agreements\On Power Industries LLC Agreement FY23-0095.docx-ms 10 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 wit h such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

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

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

ON POWER INDUSTRIES LLC

By: Date: ___________________
Andrew Clapp, Owner

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I:\cmo\Agreements\P & S Truck Supply (FY 24-25) FY23-0096.docx-ms 1 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES

This agreement for the provision of OEM Cummins Parts & Service (“Agreement”) is made and entered in this 4th day of June, 2024 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and P & S Truck Supply, Inc., a California corporation dba P & S Truck Center (“Contractor”). 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 CONTRACTOR

1.1 City hereby engages Contractor to perform OEM Cummins Parts & Service 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.

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, Facilities & 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 The 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.

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I:\cmo\Agreements\P & S Truck Supply (FY 24-25) FY23-0096.docx-ms 2 4.2 The term of this Agreement shall be for a period of one (1) year from July 1, 2024 (the “Initial Term”). The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

4.3 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 obligation of Contractor to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of three hundred thousand dollars ($300,000.00) 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 thousand dollars ($300,000.00) for the first Extended Term; and three hu ndred thousand dollars ($300,000.00) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of nine hundred thousand dollars ($900,000.00).

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 “B,” titled “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 Services were performed, the number of hours spent and by whom.

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

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

CITY CONTRACTOR
City Clerk Mary Mckee, Owner
City of Redlands P & S Truck Supply Inc.
35 Cajon Street dba P & S Truck Center
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I:\cmo\Agreements\P & S Truck Supply (FY 24-25) FY23-0096.docx-ms 3 P.O. Box 3005 (mailing) 161 E. Valley Blvd.

Redlands, CA 92373 Rialto, CA 92376
[email protected] [email protected] (909) 798-7531 909-874-2000

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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

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

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “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 Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

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

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

ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, Redlands Regular Meeting of 06-04-2024
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I:\cmo\Agreements\P & S Truck Supply (FY 24-25) FY23-0096.docx-ms 4 interest in real property or investment that would be affected in any manner or degree by the performance of Contractor’s Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

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

A. Does not make a governmental decision whether to:

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

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

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

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

8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, Redlands Regular Meeting of 06-04-2024
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I:\cmo\Agreements\P & S Truck Supply (FY 24-25) FY23-0096.docx-ms 5 and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than 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 due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project re lated data, drawings, spe cifications, 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 records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.

8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein , 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 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 tr ied and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

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

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I:\cmo\Agreements\P & S Truck Supply (FY 24-25) FY23-0096.docx-ms 6 IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS P & S TRUCK SUPPLY INC.
dba P & S TRUCK CENTER

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Mary Mckee, Owner

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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I:\cmo\Agreements\P & S Truck Supply (FY 24-25) FY23-0096.docx-ms 7 EXHIBIT "A"

SCOPE OF SERVICES

The Contractor’s facility shall be a clean and safe working environment. The facility shall comply with all federal, state, and local regulations.

The Contractor’s facility shall be located within a 20-mile driving distance of the City Corporate Yard.

The Contractor shall maintain the Certification Requirements in Parts, Information, Tooling and Training that are required to perform and warrant all customer services including product selection, installation, commissioning, maintenance, troubleshooting and repairs on components on all the products for which the dealer is certified.

The City has many vehicles in which LNG or CNG is the primary fuel. Contractor shall have a repair facility that specifically meets the requirements of Section 2311.7 regarding CNG and LNG fueled vehicles. Details regarding the ventilation system, gas detection system and ventilation all must be in accordance with the section of the Code.

All items provided under this Agreement shall comply with all applicable Federal, state, and local regulations including State of California Motor Vehicle Code, if applicable.

The Contractor shall be an established and factory authorized Cummins Original Equipment Manufacturer (OEM) parts dealer and/or service center.

The Contractor shall maintain the minimum levels of information to assure that the correct and most current parts are used in service repairs, while providing the necessary technical support information.

Dealers are required to maintain an active subscription to Quick Serve On-Line (QSOL), the Quick Serve DVD or the full complement of the latest version of the printed hard copy service information for each of the products.

The Contractor shall maintain the required levels of mechanical and electronic tools for the service levels and products for which they are certified.

Prior to the commencement of any work or repairs on City equipment, Contractor shall provide a written estimate to the City for the requested or recommended repairs. Approval from an authorized representative of the City must be given prior to work being performed and shall be based on the provided estimated cost. If additional work is required, approval from the City must be obtained prior to work being completed. The City will not be responsible for the costs associated with any unauthorized repairs.

All work shall be inspected by a representative of the City for proper completion and correction of the reported concerns. If it is determined that the concerns were not properly addressed or the Redlands Regular Meeting of 06-04-2024
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I:\cmo\Agreements\P & S Truck Supply (FY 24-25) FY23-0096.docx-ms 8 quality of work is unacceptable, the Contractor shall, at their expense, make the necessary corrections.

The City may consider and allow on-site repairs/services to be performed at a City facility when appropriate.

All items provided under this Agreement shall be original equipment manufacturer (OEM) line of replacement parts. All items provided under this Agreement shall be equivalent in function and workmanship to the parts originally supplied on the vehicle(s) unless superseded by the vehicle/equipment manufacturer. No generic parts shall be supplied.

The Contractor shall maintain adequate local inventory of popular items and items regularly stocked by the City, to meet the City's emergency needs. Emergency needs shall be delivered within three (3) hours of order; or shipped within the same business day if available and Contractor's inventory location is not within the greater San Bernardino County. Stock orders shall be delivered within two (2) working days of order, if available, from the manufacturer.

Backorders shall be filled within four (4) working days. The City shall be notified of all backorders.

Availability and timely delivery are critical to the maintenance of this Agreement. Failure to maintain adequate inventory or provide timely delivery shall be grounds for termination.

The Contractor agrees to accept the return of unused and undamaged items purchased through this Agreement at 100% of the contract price.

Contractor shall maintain qualified personnel. Each location is required to have a qualified warranty administrator and at least one qualified technician for all of the products and service levels for which they are certified. Only qualified technicians are authorized to perform warranty diagnosis and repair of Cummins products at a given service level. The City may request proof of technician’s qualifications at any time. Technician qualification programs include e-learning through Cummins Virtual College (CVC), classroom hands-on training, written and proficiency assessments.

The provisions of this contract shall in no way prohibit the City from purchasing the same products and/or services listed herein from another supplier.

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I:\cmo\Agreements\P & S Truck Supply (FY 24-25) FY23-0096.docx-ms 9 EXHIBIT "B"

FEE SCHEDULE

Labor Rates are the hourly shop labor rate for all repairs and include all fees and surcharges. No additional fees and surcharges are allowed, and no allowances will be made for after-hours or overtime labor.

Description Amount
Cummins Parts – discount off manufacture’s list price 43% Hourly Rate for Cummins Repairs $115.00

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I:\cmo\Agreements\P & S Truck Supply (FY 24-25) FY23-0096.docx-ms 10 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 wit h such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

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

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

P & S TRUCK SUPPLY INC.
dba P & S TRUCK CENTER

By: Date: ___________________
Mary Mckee, Owner

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I:\cmo\Agreements\Ray Gaskin Service Agreement FY23-0097.docx-ms

1 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES

This agreement for the provision of Hydraulic Cylinder Parts and Repairs (“Agreement”) is made and entered in this 4th day of June, 2024 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Ray Gaskin Service , a California corporation. (“Contractor”). 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 CONTRACTOR

1.1 City hereby engages Contractor to perform Hydraulic Cylinder Parts and Repair 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.

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, Facilities & 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 The 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.

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I:\cmo\Agreements\Ray Gaskin Service Agreement FY23-0097.docx-ms

2 4.2 The term of this Agreement shall be for a period of one (1) year from July 1, 2024 (the “Initial Term”). The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

4.3 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 obligation of Contractor to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of one hundred five thousand dollars ($105,000) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of one hundred five thousand dollars ($105,000) for the first Extended Term; and one hu ndred five thousand dollars ($105,000) for the second Extended Term, bringing the total possible amount of compensation to a not -to-exceed amount of three hundred fifteen thousand dollars ($315,000). For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not-to-exceed amount in accordance with the rates specified in Exhibit “B,” titled “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 Services were performed, the number of hours spent and by whom.

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

5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by fir st 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:

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3 CITY CONTRACTOR
City Clerk Patrick McIntosh, Vice President
City of Redlands Ray Gaskin Service
35 Cajon Street 14572 Rancho Vista Dr.

P.O. Box 3005 (mailing) Redlands, CA 92373
Redlands, CA 92373 [email protected]
[email protected] 909-574-7000
(909) 798-7531

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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

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

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “ 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 Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

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

6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees, and agents from and against any and all claims, losses and liability, including attorneys’ fees, arising from injury or death to persons or damage to property Redlands Regular Meeting of 06-04-2024
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4 occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services.

ARTICLE 7 – CONFLICTS OF INTEREST

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

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

A. Does not make a governmental decision whether to:

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

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

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

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.

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I:\cmo\Agreements\Ray Gaskin Service Agreement FY23-0097.docx-ms

5 8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.

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

8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than 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 due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project re lated data, drawings, spe cifications, 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 records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.

8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein , 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 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 tr ied and Redlands Regular Meeting of 06-04-2024
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I:\cmo\Agreements\Ray Gaskin Service Agreement FY23-0097.docx-ms

6 litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

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

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

CITY OF REDLANDS RAY GASKIN SERVICE

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Patrick McIntosh, Vice President

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 06-04-2024
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I:\cmo\Agreements\Ray Gaskin Service Agreement FY23-0097.docx-ms

7 EXHIBIT "A"

SCOPE OF SERVICES

Contractor shall conduct repair services on heavy duty and/or solid waste refuse vehicles, and provide welding services on an as-needed basis. All work must be done per specifications, according to all applicable and acceptable industry standards, of the highest quality workmanship, and completed by the time required.

Repair services that include, but are not limited to, work on the following:

The hydraulic cylinders are, but not limited to:
• Single stage 2-5 inch diameter, 1ft length;
• Double stage 4-6 inch diameter, 2ft length; and
• Triple stage 6-8 inch diameter, 6ft length.

In the event a Hydraulic cylinder is in need of replacement, the vendor shall seek approval from Fleet Services Coordinator or a qualified City of Redlands staff member.

Security: City vehicles, equipment, and materials shall be maintained in secure storage at all times.

Estimates: The vendor shall submit a final estimate, which is true and accurate, of the specific work to the Fleet Services Coordinator, and/or City Representative for consideration and authorization.

Contractor must be responsive to the requests of staff and return voicemails/emails or other requests for services in a timely manner.

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8 EXHIBIT "B"

FEE SCHEDULE

Description of Service Parts / Labor Price
Tear down, inspect, and rebuild single stage
2-5 inch diameter, 1ft length.

Labor $80/hr.

Tear down, inspect, and rebuild double
stage 4-6 inch diameter, 2ft length.

Labor $80/hr.

Tear down, inspect, and rebuild triple stage
6-8 inch diameter, 6ft length
Labor $120/hr.

Welding Repairs Labor $80/hr.

Parts markup Parts 20%

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9 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 wit h such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

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

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

RAY GASKIN SERVICE

By: Date: ___________________
Patrick McIntosh, Vice President

Redlands Regular Meeting of 06-04-2024
993 of 1083

I:\cmo\Agreements\Redlands Iron Works, Inc. Agreement FY23-0098.docx-ms 1 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES

This agreement for the provision of Onsite Fabrication Services (“Agreement”) is made and entered in this 4th day of June, 2024 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Redlands Iron Works, Inc. , a California corporation (“Contractor”). 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 CONTRACTOR

1.1 City hereby engages Contractor to perform Onsite Fabrication Services 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.

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, Facilities & 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 The 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.

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I:\cmo\Agreements\Redlands Iron Works, Inc. Agreement FY23-0098.docx-ms 2 4.2 The term of this Agreement shall be for a period of one (1) year from July 1, 2024 (the “Initial Term”). The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

4.3 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 obligation of Contractor to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of seventy-five thousand dollars ($75,000) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of seventy-five thousand dollars ($75,000) for the first Extended Term; and seventy-five thousand dollars ($75,000) for the second Extended Term, bringing the total possible amount of compensation to a n ot-to- exceed amount of two hundred twenty -five thousand dollars ($225,000). For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not -to-exceed amount in accordance with the rates specified in Exhibit “ B,” titled “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 Services were performed, the number of hours spent and by whom.

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

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

CITY CONTRACTOR
City Clerk Manuel Gonzalez
City of Redlands Redlands Iron Works, Inc.
35 Cajon Street 31164 Ashforth Dr.

Redlands Regular Meeting of 06-04-2024
995 of 1083

I:\cmo\Agreements\Redlands Iron Works, Inc. Agreement FY23-0098.docx-ms 3 P.O. Box 3005 (mailing) Redlands, CA 92373
Redlands, CA 92373 [email protected]
[email protected] 909-709-9353
(909) 798-7531

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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

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

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “ 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 Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

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

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

ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, Redlands Regular Meeting of 06-04-2024
996 of 1083

I:\cmo\Agreements\Redlands Iron Works, Inc. Agreement FY23-0098.docx-ms 4 interest in real property or investment that would be affected in any manner or degree by the performance of Contractor’s Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

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

A. Does not make a governmental decision whether to:

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

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

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

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

8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, Redlands Regular Meeting of 06-04-2024
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I:\cmo\Agreements\Redlands Iron Works, Inc. Agreement FY23-0098.docx-ms 5 and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than 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 due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project re lated data, drawings, spe cifications, 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 records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.

8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein , 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 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 tr ied and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

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

Redlands Regular Meeting of 06-04-2024
998 of 1083

I:\cmo\Agreements\Redlands Iron Works, Inc. Agreement FY23-0098.docx-ms 6 IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS REDLANDS IRON WORKS, INC.

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Manuel Gonzalez, Owner

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 06-04-2024
999 of 1083

I:\cmo\Agreements\Redlands Iron Works, Inc. Agreement FY23-0098.docx-ms 7 EXHIBIT "A"

SCOPE OF SERVICES

Contractor shall provide the materials defined in the Fee Schedule to City when requested by City staff.

Contractor shall be paid the costs designated below as compensation for the provision of Contractor's Services.

Contractor shall be paid the cost designated below as compensation for its provision of hourly labor.

Contractor shall submit in writing documentation of any expenses incurred for labor and/or services.

Contractor must be responsive to the requests of staff and return voicemails/emails or other requests for services in a timely manner.

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I:\cmo\Agreements\Redlands Iron Works, Inc. Agreement FY23-0098.docx-ms 8 EXHIBIT "B"

FEE SCHEDULE

Item
No.

Brief Description *A.

Quantity
*B. Unit Price *C.

Total Price in Figures
1 16 gauge, ¾” hot rolled square
tubing
100’ ft
$14.30

$71.50

2 16 gauge, 2” hot rolled square
tubing

100’ ft
$39.00 $195.00

3 16 gauge, 1”x 2” hot rolled square
tubing

100’ ft

$28.60

$143.00

4 1018 1” cold rolled solid steel bar

100’ ft

$260.00

$1300.00

5 16 gauge 48”x 120” hot rolled steel
sheet

10 pcs

$159.00

$1159.00

6 16 gauge 48” x 120” perforated
steel sheet, 1/8” round hole

10 pcs

$289.25

$2892.50

7 Field Calls (Mobilization Cost
Included)

200 hrs

$228.85

$45,770.00

8 After Hour Field Calls
(Mobilization Cost Included)

200 hrs

$343.25

$6,8650.00

9 Shop Hours (for work performed at
Contractor’s place of business)

200 hrs

$140.00

$28,000.00

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I:\cmo\Agreements\Redlands Iron Works, Inc. Agreement FY23-0098.docx-ms 9 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 wit h such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

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

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

REDLANDS IRON WORKS, INC.

By: Date: ___________________
Manuel Gonzalez

Redlands Regular Meeting of 06-04-2024
1002 of 1083
NPS-2.1 (3.24)
1 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES

This agreement for the provision of onsite fleet maintenance and repair services (“Agreement”) is made and entered in this 4th day of June, 2024 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and SVT Fleet, LLC, a California limited liability company, a wholly owned subsidiary of Velocity Vehicle Group, (“Contractor”). 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 CONTRACTOR

1.1 City hereby engages Contractor to perform onsite fleet maintenance and repair 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.

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, Facilities & 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 The 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.

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2 4.2 The term of this Agreement shall be for a period of one (1) year from July 1, 2024, through June 30, 202 5 (the “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 obligation of Contractor to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of one million one hundred six thousand dollars ($1,106,000) for the Services provided during the 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 “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. Contractors’ invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom.

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

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

CITY CONTRACTOR
City Clerk Mitch Beckett, Director, Government Sales City of Redlands SVT Fleet, LLC
35 Cajon Street 15724 Valley Blvd.

P.O. Box 3005 (mailing) Fontana, CA 92335
Redlands, CA 92373 [email protected]
[email protected] 216-385-5212
(909) 798-7531

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3 ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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

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

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “ 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 Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

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

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

ARTICLE 7 – CONFLICTS OF INTEREST

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

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

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4 A. Does not make a governmental decision whether to:

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

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

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

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

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

8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days prior written notice to Contractor of City’s intent to terminate. If this Redlands Regular Meeting of 06-04-2024
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5 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 due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project re lated data, drawings, spe cifications, 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 records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.

8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein , 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 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 tr ied and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

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

[Signatures on following page]

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

CITY OF REDLANDS SVT FLEET, LLC

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Bradley C. Fauvre, President

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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7 EXHIBIT "A"

SCOPE OF SERVICES

Time estimates for equipment repair are not to exceed the industry standard repair guidelines using sources such as Chilton, Mitchell or All Data time. Additional time above and beyond guidelines will not be accommodated unless previously approved in writing or email by an authorized City representative.

The Scope of Work and Specifications are a general guide, and are not intended to be an all- inclusive list of the work necessary for providing the Onsite Fleet Maintenance and Repair Program scope. It shall be the Contractor's responsibility to develop and implement a preventative maintenance (PM) program to effectively maintain all vehicles and equipment listed in the Fleet Availability Performance Standards Tables (Table A - List of all Vehicles; Table B - List of Enterprise Vehicles; Table C - Vehicle Descriptions) to the satisfaction of City's representatives.

The current hours of operation for City staff at the Equipment Maintenance facility are Monday through Friday from 6:00 am to 4:30 pm. The Contractor shall be required to have technicians on site from 7:00 am to 10:30pm Monday through Thursday and Fridays from 7:00 am to 8:30 pm.

Changes to this schedule will be accommodated with prior written approval by an authorized City representative.

Personnel Requirements are as follows:

▪ Up to Six (6) fleet technicians
o Up to Four (4) technicians will be onsite Monday through Friday from 6:00 am to 2:30 pm or to 3:00 pm.
o Up to Two (2) technicians will be onsite Monday through Friday between 8:00 am and 6:30 pm.
o One (1) technician to perform onsite BIT inspections.

▪ Janitorial Service
o One (1) part time person onsite Monday through Thursday from 6:00 am to 11 am.

Contractor shall ensure all employee’s certifications and licenses must stay current, including, but not limited to

• Class A/B License
• ASE’s
• Forklift

Contractor shall not use the contracted assets or other City furnished property for work on vehicles or equipment not owned or leased by City unless otherwise authorized by City. City property will not be used in any manner for any personal advantage, business gain, or other personal endeavors by Contractor or Contractor’s employees other than in the performance of the work described in the Agreement, unless otherwise authorized.

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8 Within ten (10) days of Agreement award, Contractor shall schedule with City a joint facility inspection for the purpose of identifying pre-existing deficiencies pertaining to the buildings, utility systems, equipment, and other assets. Contractor and City will together make a complete and systematic inspection and inventory of all structural, mechanical, electrical and furniture to which Contractor will have access during the course of the Agreement period. Contractor will then prepare and submit to City a Pre-Existing Deficiency Report describing all observed deficiencies pertaining to the building structure, systems, equipment, or other assets noted during the joint inspection. Contractor will include and identify, as part of this listing, any facility feature or system which is functional but which should be considered for replacement or upgrade due to age or overall condition.

City does not warrant or guarantee against the possibility that safety or environmental hazards or potential hazards may exist at this facility. Contractor shall be responsible for identifying any hazardous conditions located in the facility and notifying City in writing within thirty (30) days of Agreement Award. This will be accomplished by conducting an environmental assessment and an occupational, health, and safety inspection of facilities acceptable to City. Contractor will be responsible for the conduct of the assessment and inspection and will pay for the cost of these services.

City shall be responsible for supplying heat, water and electricity to these facilities. Contractor may use City phone system, but shall pay for local service, equipment charges and long-distance calls. In using these facilities, Contractor will develop and adhere to an energy conservation plan that is consistent with City policy. To the extent Contractor operates these facilities in a manner that unnecessarily increases utility costs incurred by City (e.g, does not turn off lights when appropriate to conserve energy and utility usage), City may charge Contractor the excess utility costs of such practices.

City shall be responsible for preventative maintenance and repair of facility structure and all elements contained therein that are sublet to Contractor and that are the property of City unless such repair is due to negligence of Contractor.

City from time to time, may add equipment, tools, or furniture to the garage and will entertain Contractor recommendations in this regard. These items will be added to the inventory of items that are Contractor's responsibility as they are put into service. Alternatively, Contractor may purchase and install equipment in the garage upon approval by City. At the conclusion of the Agreement, City shall have the option to purchase this equipment at its depreciated cost. If City elects not to purchase this equipment, Contractor will remove the equipment and return the garage to its pre-equipment installation condition.

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9 Hazardous Material Disposal

City shall be responsible for disposal of all wastes (e.g. used oils, oil filters, coolants, transmission fluids, tires, etc.) generated during the course of the Agreement. Disposal of all waste materials will be done in accordance with City, County, State and Federal laws and regulations. Contractor shall train its employees in working with and handling hazardous materials in a safe and efficient manner.

Contractor will aid City Staff with an annual Certified Unified Program Agency (CUPA) Filing.

Diesel Particulate Filters

Contractor shall maintain and service Diesel Particulate Filters as required by the South Coast Air Quality Management District (AQMD).

Parts Procurement

Contractor shall utilize City existing parts procurement contracts for their existing term(s).

Contractor shall demonstrate to City that they are receiving the preferred customer pricing for City for all other parts or supplies. City reserves the right to purchase parts directly for Contractor's use in effecting maintenance or repairs, whether from existing contracts or from any vendor of its choice.

Repairs

Enterprise Fleet Management Leased Vehicles
Contractor shall be an authorized Enterprise Fleet Management vendor for repairs and maintenance.

▪ Vehicles with a Preventative Maintenance Agreement
o Contractor shall perform the preventative maintenance work on the Enterprise Leased Vehicle and invoice Enterprise Fleet Management directly for such services. The time spent working on these vehicles shall not be included in the time billed to City.

▪ Vehicles without a Preventative Maintenance Agreement o Contractor shall perform the preventative maintenance work on the Enterprise Leased Vehicle. The time spent working on these vehicles shall be included in the time billed to City.

Repairs Beyond Regular Maintenance

If it is determined that a City vehicle needs repairs beyond regular maintenance such as new brakes, tires, major electrical improvements, or other repairs deemed as necessary, the Preventative Maintenance form will become a repair work order. The City Representative will be contacted to obtain authorization to proceed before any repairs are performed, as required by California State law. The Contractor will not perform the repair until receiving approval from City Representative in writing or e-mail. Contractor will also advise City Representative of the estimated downtime before completing the repair.

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10 Work shall not be sub-contracted without approval from City Representative. Any subcontractor to be utilized for maintenance or repair work shall meet City's required qualifications, repair certificates, licenses, and insurance requirements and provide repair and maintenance as provided in the turnaround time requirements identified in the Agreement.

Warranty and Recall Work

Contractor will administer all warranties and recalls, both for vehicles and parts, associated with management of City's fleet. Contractor shall be required to attempt to obtain authorization from various vehicle manufactures to perform in house warranty work on City vehicles. Such work will be reimbursed directly to the Contractor by the manufacturer and City will be held harmless from payment for such work. Work performed by the Contractor for which reimbursement is provided by the manufacturers shall not be billed to City. Contractor may send warranty or recall work out to others, subject to applicable provisions of the manufacturer's warranty, when it is more cost-effective to City to do so. The cost of repairs made if a vehicle is sent out for suspected warranty work – and the suspected problem is not warrantied – will be absorbed by Contractor as part of the annual maintenance cost.

Emission (Smog) Testing / Opacity Testing

Emission testing shall be performed annually on qualifying vehicles by Contractor. Due to configuration of City's fleet, there will be vehicles to test every year based on vehicle identification numbers. Opacity testing shall be completed annually with comprehensive records maintained.

DOT/BIT Inspection Vehicles (Heavy Trucks, Trailers and Buses)

Contractor shall manage and submit City's DOT/BIT Inspection to include, but not limited to:

1) Serviced accordingly every 90 days as per DOT guidelines with CHP approved checklists 2) Maintain records for all vehicles regulated by DOT per DOT and CHP guidelines

City will manage and maintain personnel records and conduct random drug screening for City employees affected by the DOT/BIT program.

Management Information System

City shall provide and maintain all software and hardware needed for the Ron Turley & Associates (RTA) Fleet Management Software System.

The Contractor will be responsible for accurate daily entry of all work order information, (e.g. parts, labor, repair type, outside vendor repair costs, etc.) into the RTA Fleet Management System.

The Contractor will follow existing City Policies with respect to adding or modifying any information to the RTA Fleet Management Software.

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11 Sensitivity of City Property

Contractor must acknowledge that certain property owned by City is sensitive in nature and requires concerted efforts by Contractor to ensure that the sensitive nature of such property is not compromised.

Vehicles designated by City as unmarked police undercover vehicles will be serviced and maintained by Contractor. Contractor will ensure that the confidential and sensitive nature of these vehicles, including, but not limited to, the special equipment inside the vehicles are maintained. Security procedures by Contractor for such vehicles will include written acknowledgement of the agreement of staff to:

A) Control and limit discussion about these vehicles
B) Prohibit handling and tampering with special machinery and tools C) Ensuring that the integrity of the mechanics and other staff and subcontractors is sufficient

Turn Around Time – Public Safety

In the course of maintenance and repair of City owned Police and Fire vehicles, there shall not be more than 10% of the safety fleet down at one time for maintenance or repair. Repairs will need to be coordinated with City Representative to minimize equipment downtime for response.

Safety Requirements

Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons (including employees) and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), California Department of Labor (CAL) and all other applicable federal, state, county, and local laws, ordinances, codes and regulations. Where any of these are in conflict, the more stringent requirement shall be followed.

Contractor’s failure to thoroughly familiarize themselves with the aforementioned safety provisions shall not relieve them from compliance with the obligations and penalties set forth therein. City reserves the right, but is not obligated to make safety inspections at any time Contractor is on City property and to ensure safety rules are not being violated.

A) Contractor will furnish adequate safety equipment and comply with the various OSHA regulations established by the Federal Government, the State and amendments and changes that may occur from time to time. Contractor will maintain safety records in connection with its operation of City facilities recording the relevant details regarding any accidents or injuries occurring on City of Redlands property.

B) All work will be conducted in a safe manner and will comply with the requirements of State and local rules and regulations and OSHA safety standards. Prior to commencement of the work, Contractor will meet in conference with a representative from the Risk Management Division to discuss and develop a mutual understanding relative to the administration of City safety program.

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12 has been taken. No part of the time lost due to any such stop order will be made the subject of any claims for excess cost, damage or extension of time against City, its agents or employees.

D) Contractor will report to City all accidents (personal injury, vehicle or equipment damage) within twenty-four (24) hours of their occurrence or discovery.

Additional Duties

A) Road calls in field
B) Large truck and auto tire repairs and installation C) Unload deliveries to the garage from vendors, UPS, Fed-Ex, etc.

Preventative Equipment Maintenance Schedule

Preventative maintenance shall be defined as scheduled routine inspection, servicing, repair and replacement of equipment components on a regular basis so as to facilitate operations with a minimum of downtime. The preventative maintenance program shall be in accordance with industry recognized best Onsite Fleet Maintenance and Repair Program practices, and shall comply with the original equipment manufacturer (OEM) specifications.

Safety Checklist: The listed items must be inspected, serviced and/or repaired at every PM interval.

1 Headlights (High and Low Beams) 9 Steering and Suspension Components 2 Beam Indicator Lamp 10 Windshield Wipers and Washers
3 Parking Lights 11 Horn and/or Audible Warning Devices (Siren, etc.)
4 License Plate Light 12 All Interior and Exterior Mirrors 5 Tail/Stop Lights 13 Exhaust Pipes and all Hanger/Clamps 6 Turn Signals 14 Seat Belts
7 Hazard and 4 Way Lights 15 Window Operation and Door Locks 8 Emergency/Parking Break 16 Tire Pressure and Wear

Preventative Maintenance - Level A Service (PM-A)

Perform all items listed every 5000 miles or six months, whichever occurs first, on all cars, light trucks (1 ton and below) vans, utility vehicles, etc. Exceptions from the PM work listed will be considered if approved by the City Representative.

1 Inspect service and repair all interior lights.
2 Inspect, service and refill fluid levels:

Coolant
Windshield Washer Solvent
Transmission
Differentials
Power Steering
Brake Fluids
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13 6 Inspect, service and repair the engine starting components and circuits 7 Inspect, service and repair drive train components
8 Inspect, service and repair any noted oil, fuel, coolant or other fluid leaks 9 Inspect, service and repair air emission filters and valves as needed 10 Inspect, service and repair drive belts, hoses and clamps 11 Inspect, service and repair all gauges for proper calibration and operation 12 Inspect, service, repair and lubricate all grease points on chassis, body, booms, hoists and winching mechanisms
13 Change engine oil and filter – products shall meet OEM specifications 14 Inspect, service and replace air filter as necessary 15 Inspect, service, repair/replace tires as necessary. Replace at 3/32 inch tread life. 16 Inspect brakes, repair/*replace as necessary.

Preventative Maintenance - Level B Service (PM-B)

Perform item listed every 30,000 miles or 2 years, whichever occurs first.

1 Perform all items listed in PM-A
2 Inspect, service and repair emissions systems as required by original equipment manufacturer 3 Rotate and Balance all Tires – check for wear and replace as appropriate 4 Scope engine and perform minor tune up as necessary
5 Inspect and service brake components as necessary.
*Note: Every brake job shall include complete new brake hardware kit and cleaning/repacking of wheel bearings.

Preventative Maintenance - Level C Service (PM-C)

Perform items listed every 60,000 miles or 3 years whichever occurs first.

1 Perform all items listed in PM-A and PM-B
2 Inspect and service transmission, which includes but is not limited to adjustment, fluid and filter change as necessary and/or required by original equipment manufacturer 3 Perform front end alignment as well as inspect for work or broken components; replace as necessary
4 Drain, flush and replace differential fluids
5 Drain, flush and replace engine coolant
6 Remove all wheels and inspect brakes; *replace or repair as needed 7 Clean particulate diesel filters per OEM specifications

30,000 Mile Service

Perform items listed every 30,000 miles

1 Perform a pressure check of the coolant system for leaks. Drain coolant and perform black flush to system. Replace coolant; tighten all hose clamps and fittings. 2 Change air and fuel filters
3 Perform a complete system check to include ignition/timing, the charging voltage, charging amperage and the cranking amperage. The results must be recorded on the PM checklist.

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14 4
Drain the transmission fluid, replace the filter, adjust the transmission bands and replace the pan gasket. Fill transmission with manufacturer required type and specified amount of transmission fluid. Perform a road test to ensure fluid is circulated and bands are properly adjusted.
5 Replace all spark plugs and wires, distributor cap and rotor, PVC valve with new OEM or better-quality parts. Perform overhead service.
6 Remove thermostat and gasket and replace with new OEM or better-quality part 7 A road test shall be performed for each preventative service performed for diagnosing problems, checking the effectiveness of repairs and testing overall operation of the vehicle.

Technician to make recommendations as appropriate.
8 Check tire pressure and condition. Replace as appropriate

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15 EXHIBIT "B"

FEE SCHEDULE

Labor Rates

Utility/Custodial Fee $250.00 / per day
Bit Inspection Technician $44.50 / per hour
Tier 1 Technician $69.50 / per hour
Tier 2 Technician $92.00 / per hour

Tier 1 Technicians
Technicians dedicated to the shop in Redlands. Rate is for light duty vehicles and equipment including preventive maintenance outlined in Exhibit “B” of this agreement. Technicians will conduct preventative maintenance on all pieces of equipment. Any work outside of preventive maintenance and light duty repairs will be billed at Tier 2 rate.

Tier 2 Technicians
Technicians dedicated to the shop in Redlands. Rate is for refuse trucks, medium and heavy-duty vehicles including preventive maintenance outlined in Exhibit “B” of this agreement.

Technicians will conduct preventative maintenance on all pieces of equipment.

Material / Parts / Subcontractor Rates

Parts Markup Cost + 15%
Subcontractor Costs Cost + 15%

No annual rate escalation will be applied.

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16 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 wit h such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

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

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

SVT FLEET, LLC

By: Date: ___________________
Bradley C. Fauvre, President

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I:\cmo\Agreements\Wastebuilt Environmental Solutions, LLC Agreement FY23-0100.doc-ms 1 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES

This agreement for the provision of the supply of s olid waste truck parts (“Agreement”) is made and entered in this 4th day of June, 2024 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Wastebuilt Environmental Solutions, LLC , a Delaware limited liability company (“Contractor”). 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 CONTRACTOR

1.1 City hereby engages Contractor to perform the supply of solid waste truck parts 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 Servi ces that Contractor shall perform are more particula rly described in Exhibit “A,” titled “Scope of Servi ces,” which is attached hereto 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, Facilities & 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 The 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 one (1) year from July 1, 2024 (the “Initial Term”). The City shall have the option to extend the Initial Term of this Redlands Regular Meeting of 06-04-2024
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I:\cmo\Agreements\Wastebuilt Environmental Solutions, LLC Agreement FY23-0100.doc-ms 2 Agreement by two (2) additional one -year terms (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

4.3 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 obligation of Contractor to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of two hundred thousand dollars ($200,000) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of two hundred thou sand dollars ($200,000) for the first Extended Term; and two hundred thou sand dollars ($200,000.00) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of six hundred thousand dollars ($600,000). For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not -to-exceed amount in accordance with the rates specified in Exhibit “B,” titled “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 Services were performed, the number of hours spent and by whom. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.

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

CITY CONTRACTOR
City Clerk Christian Bremer
City of Redlands Wastebuilt Environmental Solutions, LLC. 35 Cajon Street 11300 Inland Ave.

P.O. Box 3005 (mailing) Jurupa Valley, CA 91752
Redlands, CA 92373 [email protected]
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I:\cmo\Agreements\Wastebuilt Environmental Solutions, LLC Agreement FY23-0100.doc-ms 3 [email protected] 909-815-3034
(909) 798-7531

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “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 Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non -contributing to any insurance or self -insurance maintained by City.

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

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

ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor’s Services. Contractor further covenants and Redlands Regular Meeting of 06-04-2024
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I:\cmo\Agreements\Wastebuilt Environmental Solutions, LLC Agreement FY23-0100.doc-ms 4 represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

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

A. Does not make a governmental decision whether to:

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

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

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

ARTICLE 8 – GENERAL CONSIDERATIONS

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

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

8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor Redlands Regular Meeting of 06-04-2024
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I:\cmo\Agreements\Wastebuilt Environmental Solutions, LLC Agreement FY23-0100.doc-ms 5 shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than 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 time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project 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 records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.

8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, 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 construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

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

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I:\cmo\Agreements\Wastebuilt Environmental Solutions, LLC Agreement FY23-0100.doc-ms 6 IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS WASTEBUILT ENVIRONMENTAL

SOLUTIONS, LLC

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Christian Bremer, Vice President of Sales

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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I:\cmo\Agreements\Wastebuilt Environmental Solutions, LLC Agreement FY23-0100.doc-ms 7 EXHIBIT "A"

SCOPE OF SERVICES

The Contractor shall be responsible for the supply and delivery of Solid Waste Refuse Collection Truck parts.

DELIVERY SCHEDULE:

Items ordered shall be delivered as soon as possible, but no later than three (3) business days from the date of each order.

DELIVERY LOCATION: 1270 W. Park Avenue, Building E., Redlands, CA. 92373

WARRANTY:

Any suppliers or manufacturers’ standard warranty coverage must be extended to the City of Redlands.

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I:\cmo\Agreements\Wastebuilt Environmental Solutions, LLC Agreement FY23-0100.doc-ms 8 EXHIBIT "B"

FEE SCHEDULE

Part Description Price
P553000 - Donaldson 4.65" Outer
Diameter x 11.65" Lube Spin-On Full
Flow
$38.55/EA
341-012-024 – Converter 12V to 24V
(Wayne) $200.36/EA
545-436-006 – Air Actuator (Wayne) $301.72/EA
305-1834-1 Cart Assembly (AMREP) $1,128.89/EA
306-4695 Left Clamp Arm (AMREP) $603.04/EA
306-4694 Right Clamp Arm (AMREP) $779.82/EA
40010143 Haldex Slack Adjuster
(Haldex) $84.56/EA
509-2231 Clamp Cylinder (AMREP) $505.09/EA
306-5081-1 Clamp Tie Rod Assembly
(AMREP) $148.00/EA
380123-12 PTO solenoid (Chelsea) $133.64/EA
109-032-000 – Cone Bearing (Wayne) $19.26/EA
Pioneer Auto tarp (Pioneer) $280.22/EA
00-37995-01-AB Master Controller
(Wayne) $4,195.61/EA
AB1DK23L-8852 Air Bag $110.99/EA
530-072-015 Wayne Hydraulic Pump
(Wayne) $2687.22/EA
K022105K Air Dryer Purge Valve $70.64/EA
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I:\cmo\Agreements\Wastebuilt Environmental Solutions, LLC Agreement FY23-0100.doc-ms 9 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 such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

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

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

WASTEBUILT ENVIORNMENTAL

SOLUTIONS, LLC

By: Date: ___________________
Christian Bremer, Vice President of Sales

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1 I:\cmo\Agreements\First Amendment Bernell Hydraulics, Inc. FY23-0101.docx-ms

FIRST AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This First Amendment (“First Amendment”) to the agreement for supply of OEM Parker Hannifin Hydraulic Hoses and Accessories (“Agreement”), dated December 5, 2023 , by and between the City of Redlands, a municipal corporation, and a general law city (“City”), and Bernell Hydraulics, Inc. a California corporation (“Contractor”), is made and entered into this 4th day of June 2024.

RECITALS

WHEREAS, it is the desire of the City and Contractor to amend their existing Agreement, specifically the payments to Contractor;

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

AGREEMENT

Section 1 . Article 5 of the Agreement, entitled “ Payments to Contractor ,” is hereby amended to read as follows:

Compensation: The compensation for Contractor’s performance of the Services shall not exceed the amount of One Hundred Fifty Thousand Dollars ($150,000) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of Three Hundred Seventy Thousand Dollars ($370,000) for the first Extended Term; and Three Hundred Seventy Thousand Dollars ($370,000) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of Eight Hundred Thousand Dollars ($890,000). For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not - to-exceed amount in accordance with the rates specified in Exhibit “B,” titled “Fee Schedule,” which is attached hereto and incorporated herein by reference.

Section 2. All other provisions of the Agreement shall remain unchanged by th is First Amendment and in effect.

[Signatures on next page]

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2 I:\cmo\Agreements\First Amendment Bernell Hydraulics, Inc. FY23-0101.docx-ms

IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of June 4, 2024.

CITY OF REDLANDS BERNELL HYDRAULICS, INC.

________________________________ By: __________________________________ Eddie Tejeda, Mayor Rob Kinnee, Territory Sales Manager

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk
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Cooperative Purchase Orders FY 2024-25

Staff followed the City's procurement policies in regard to an existing cooperative contract agreement for Public Utility Equipment/Services with Sourcewell. By utilizing the Sourcewell cooperative purchasing, the City can benefit from previously posted bid packages that have been competitively bid and awarded in conformance with the City's procurement policies. Agencies can review bid results from more than 50,000 government, education, and nonprofit organizations and draw from the terms and pricing for like units and vehicles.

Supply of As-needed Auto Parts

Vendor Purchase Order Request
Napa Auto Parts $146,000

Staff is recommending that the City Council approve the Sourcewell cooperative purchase order with Napa Auto Parts through the Sourcewell Contract Number 032521‐GPC for the supply of as‐needed auto parts. The requested annual purchase order in the amount of $146,000 is based on historical expenditures.

Vehicle Lease Program

Vendor Purchase Order Request
Enterprise FM Trust $2,963,000

Staff is recommending that the City Council approve the Sourcewell cooperative purchase order with Enterprise FM Trust through the Sourcewell Contract Number 030122- EFM for the supply of as‐ needed auto parts. The requested annual purchase order in the amount of $2,963,000 is based on existing leased vehicles and vehicle orders anticipated to be delivered in FY 2024- 25. The re are currently 171 vehicles in the program and on order, with an average annual lease cost of $17,325.

Telematics and DriveCam Fleet Management System

Vendor Purchase Order Request
Geo-Tab $167,717.56

Staff is recommending that the City Council approve the Sourcewell cooperative purchase order with Geo-Tab through Sourcewell Contract Number 032521- GEO for the supply of telematics and drivecam systems. These services will aid in fleet maintenance, ensuring that each vehicle is serviced based on mileage standards. The systems will also a nalyze vehicle usage data to determine which vehicles are best suited to switch to electric vehicles to meet State Zero Emission Vehicle requirements. Geo -Tab also received an industry- first Executive Order from the California Air Resources Board (CARB) officially exempting Geotab’s aftermarket solutions from CARB’s emissions anti-tampering regulations in the California market, making it the only CARB -compliant continuously connected fleet management solution available at this time.

The requested annual purchase order in the amount of $168,605.95 is based on equipment and subscription services for 230 leased and City-owned vehicles.

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

Original Contracting Entity:

Contract#:

Contract Term:

Method of original contract award:
Competitive
Non-Competitive, based on:Preferred source Sole Single source Emergency Other:

Does the original contract contain language contemplating contract extension to additional users? Yes No
Description of Product/Service intend to acquire Unit Price Total Tax
Grand Total
Please attach: vendor agreement to sale to the City AND Entity agreement/contract language allowing Piggyback FCS
Sourcewell
032521-GPC
5/31/2021 - 5/19/2025 (subject to a one-year extension) ✔
✔
Auto Parts $ 146,000.00
$ 146,000.00
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Purchasing Agent Approval: Date:

City Manager Approval: ______________________________ Date: ____________________ Vendor:

Contact:

Address 1:

Address 2:

City/State/Zip:

Telephone:

Fax:

Web/E-Mail:

Delivery/Service Location
Contact:

Telephone:

Department:

Address 1:

Address 2:

Additional
Comments
UHY
Genuine Parts Company dba Napa Auto
Parts
Andy Madiedo
Anjanette Unkefer
798-7568
2021 Rancho Dr
FCS
Building ERedlands, CA 92373
909-792-2400
[email protected]
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Intergovernmental/ Piggyback
Contract Use Request
(Attach to PR form)
The Department requests the purchase of the following item(s) from:

Original Contracting Entity:

Contract#:

Contract Term:

Method of original contract award:

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

Does the original contract contain language contemplating contract extension to additional users? Yes No
Description of Product/Service intend to acquire Unit Price Total Tax
Grand Total
Please attach: vendor agreement to sale to the City AND Entity agreement/contract language allowing Piggyback Redlands Regular Meeting of 06-04-2024
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Purc
hasing Agent Approval: Date:

City M
anager Approval: ______________________________ Date: ____________________ Vendor:

Contact:

Address 1:

Address 2:

City/State/Zip:

Telephone:

Fax:

Web/E-Mail:

Delivery/Service Location
Contact:

Telephone:

Department:

Address 1:

Address 2:

Additional
Comments
rev. 10.31.18
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Intergovernmental/ Piggyback
Contract Use Request
(Attach to PR form)
The 'HSDUWPHQWrequests the purchase of the following item(s) from:

Original Contracting Entity:

Contract#:

Contract Term:

Method of original contract award:
Competitive
Non-Competitive, based on:Preferred source Sole Single source Emergency Other:

Does the original contract contain language contemplating contract extension to additional users? Yes No
Description of Product/Service intend to acquire Unit Price Total Tax
Grand Total
Please attach: vendor agreement to sale to the City AND Entity agreement/contract language allowing Piggyback FCS
Sourcewell
020221-GEO
4/8/2021 through 5/26/2025, extended to 3/26/2025 with additional extensions allowed ✔
✔
Telematics and DriveCams $ 167,717.56
$ 167,717.56
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Purchasing Agent Approval: Date:

City Manager Approval: ______________________________ Date: ____________________ Vendor:

Contact:

Address 1:

Address 2:

City/State/Zip:

Telephone:

Fax:

Web/E-Mail:

Delivery/Service Location
Contact:

Telephone:

Department:

Address 1:

Address 2:

Additional
Comments
UHY

GEO-TAB
Andy Madiedo
Fred Jordan
2440 Winston Park Dr
FCS
1270 W. Park Ave
Building EOakville, Ontario L6H 7V2 Canada
702-277-1918
[email protected]
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1 Single/Sole Source Purchase Orders FY 2024-25

Staff is requesting approval for the annual purchase orders for the following single/sole source vendors for the not-to exceed amounts as described below.

Original Equipment Manufacturer (OEM) New Way Parts

Vendor Purchase Order Request
Amrep $160,000

Staff is requesting a single source annual purchase order with Amrep. The only manufacturing source and provider of original Amrep bodies and parts are specific to Solid Waste trucks within the City’s fleet; Original Equipment Manufacturer ( OEM) parts have unique design features that cannot be replaced by non-OEM parts. Use of alternate parts would void manufacturer warranty. Amrep Inc., is an approved manufacturer; their location is in Ontario, CA, 28 miles from the corporate yard.

Locksmith Services

Vendor Purchase Order Request
Ben’s Lock & Key $50,000

Ben’s Lock & Key has worked with the City of Redlands for ten years. During the course of those years, Ben’s Lock & Key has designed and maintains the Master K ey Systems for every City facility. Ben ’s Lock & Key is the only company that maintains codes for various facilities and hold key masters.

Fuel Island Maintenance Service and Parts

Vendor Purchase Order Request
Clean Energy Cryogenics, a subsidiary of Clean
Energy
$90,000

Staff is requesting a single source annual purchase order with Clean Energy Cryogenics, a subsidiary of Clean Energy to fulfill all scheduled maintenance to include general up-keep and emergency maintenance as needed. Clean Energy Cryogenics will also replace any inoperable pumps, including parts and supplies.

Clean Energy Cryogenics is the primary source for technicians, equipment, and supplies to provide services to the City’s LNG station. While there are other companies that provide maintenance and repair services, these other companies cannot offer technicians who are experienced with the specific equipment that was installed by Northstar Inc., in 2013. Using another source would cause significant delays in repairs and substantially higher rates for technicians and higher cost for parts, resulting in extended downtime of the fuel system, and a potential reduction in LCNG sales.

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2 Original Equipment Manufacturer (OEM) New Way Parts and Service

Vendor Purchase Order Request
Ray Gaskin Service Inc. $200,000

Staff is requesting a single source annual purchase order with Ray Gaskin Service Inc. The requested parts are specific to New Way make trucks within the City’s fleet; Original Equipment Manufacturer ( OEM) parts have unique design features that cannot be replaced by non-OEM parts. Use of alternate parts would void manufacturer warranty. Ray Gaskin Service Inc., is an approved distributor of New Way OEM parts and authorized to conduct repairs on these vehicles. Their location is in Fontana, CA , 17 miles from the corporate yard. The next close st vendor is Ruckstell California Sales Co in Fresno, CA, 279 miles from the corporate yard.

Original Equipment Manufacturer (OEM) Peterbilt Parts

Vendor Purchase Order Request
Rush Truck Centers c/o Interstate Billing
Services
$60,000

Staff is requesting a single source annual purchase order with Rush Truck Centers c/o Interstate Billing Services. The requested parts are specific to Peterbilt make trucks within the City’s fleet; Original Equipment Manufacturer (OEM) parts have unique design features that cannot be replaced by non-OEM parts. Use of alternate parts would void manufacturer warranty. Rush Truck Centers is an approved seller and distributor of Peterbilt OEM parts; their location is in Fontana, CA, 17 miles from the corporate yard.

The next closet vendor is Golden State Peterbilt in Bakersfield, CA, 177 miles from the corporate yard.

On-Site Fleet Maintenance and Repair Services

Vendor Purchase Order Request
SVT Fleet, LLC $1,106,000

Staff is requesting a single source annual purchase order with SVT Fleet, LLC. In June 2021, the City Council approved an agreement to perform non- professional services for equipment and supplies with Southern California Fleet Services, Inc., (So Cal Fleet) for onsite fleet maintenance and repair services with a term of three years, ending June 30, 2024.

On February 6, 2024, the City Council approved an Assignment and Assumption Agreement with SVT Fleet, LLC, a subsidiary of Velocity Vehicle Group (SVT Fleet), as SVT Fleet had acquired So Cal Fleet’s assets.

The contracted services provided by SVT Fleet include repairs, regulatory compliance, vehicle maintenance, and record keeping and are vital to the operations of the Equipment Maintenance Division.

This sole source agreement and purchase order request is for a term of one year, to be effective from July 1, 2024, through June 30, 2025, at the same terms and conditions of the initial agreement with So Cal Fleet. This additional term will allow staff time to issue a Request for Proposal for these services, and in the event another contractor is selected, to facilitate the transition proce ss to be effective as of July 1, 2025. Additional time is required in order to potentially transition to another contractor without critically affecting equipment maintenance operations.

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Sole Source/ Single Source/ Standardization Form
For procurement of supplies, equipment and services valued at $5,000 and over NOTE: Every question must be answered with appropriate documentation attached; incomplete forms will be immediately rejected by Purchasing.

Date:BBBBBBBBBBBBBBBBBBBBBBB
TO: Purchasing Division
FROM: BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
Purchase Requisition # _______BBBBBBBBBBBB
Estimated Total Cost: $____BBBBBBBBBBBBB
Proposed Vendor: ____________BBBBBBBBBB
Request Term: ______BBBBBBBBBBB
This form must accompany the purchase document whenever an exce ption to the competitive process is requested. Requests for goods and/or services from a specific vendor or limited to a specific brand, where substitutes to the recommended vendor or brand are unacceptable, must be accompanied by a written justification explaining the circum stances that make alternatives unacceptable.

The City Manager will determine whether the justification is appropriate. Requests for exception must be supported by factual statements that will pass an audit.

Amrep Manufacturing
7/1/24 - 6/30/25
5/21/24
FCS
160,000
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Sole Source/ Single Source/ Standardization Form
For procurement of supplies, equipment and services valued at $5,000 and over NOTE: Every question must be answered with appropriate documentation attached; incomplete forms will be immediately rejected by Purchasing.

Date:BBBBBBBBBBBBBBBBBBBBBBB
TO: Purchasing Division
FROM: BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
Purchase Requisition # _______BBBBBBBBBBBB
Estimated Total Cost: $____BBBBBBBBBBBBB
Proposed Vendor: ____________BBBBBBBBBB
Request Term: ______BBBBBBBBBBB
This form must accompany the purchase document whenever an exce ption to the competitive process is requested. Requests for goods and/or services from a specific vendor or limited to a specific brand, where substitutes to the recommended vendor or brand are unacceptable, must be accompanied by a written justification explaining the circum stances that make alternatives unacceptable.

The City Manager will determine whether the justification is appropriate. Requests for exception must be supported by factual statements that will pass an audit.

Clean Energy
7/1/24 - 6/30/25
5/21/24
FCS
90,000
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April 30, 2024
Tricia Swope
Manager, Facilities & Community Service
City of Redlands
1270 West Park Ave
Redlands, California 92373
Dear Ms. Swope:

Clean Energy, through its subsidiary, Clean Energy Cryogenics, has been providing maintenance repair services on the City of Redland’s (“City”) Liquefied Compressed Natural Gas (“LCNG”) fueling facility since the completion of the station in 2003. This sound business partnership has been the result of Clean Energy’s unparalleled LCNG experience and knowledge of the City’s fueling faci lity.

The City’s LCNG fueling facility was constructed with proprietary equipment including Cryogenics’ Station Operating Software, which controls the operations of the entire station. Clean Energy’s unique ability to service the station was demonstrated several years back when a competitor was selected to complete station repairs but was unable to restore fueling operations.

Clean Energy recommends quarterly site inspections and routine maintenance to ensure all LCNG fueling equipment is operating properly. The quarterly site visit fee is $5,066. Callouts for corrective services will be billed at R&M Rates of $145 from 8am-5pm M-F and $218 from 5pm-8am M-F, Weekends & Holidays.

C
lean Energy looks forward to continuing to service the City’s station. Thank you in advance for your consideration.

Sincerely,
Mike Haag
Mike Haag
Account Manager, Western Region
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EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT Page
Rev 1.31.19
2 INSTRUCTIONS

1. Please check all applicable categories (a. through i.) below and provide additional information where indicated.
a. The requested product is an integral repair part or accessorycompatible with existing equipment.

Existing Equipment:

Manufacturer/Model Number:

Age:

Current Estimated Value:
b. The requested product has unique design/performance specifications or quality requirements that are not available in comparable products. c. I have standardized the requested product and the use of another brand/model would require considerable time and funding to evaluate.
d. The requested product is one in which I (and/or my staff) have specialized training and/or extensive expertise. Retraining would incur substantial cost in time and/or funding.
e. The requested product is used or demonstration equipment available at a lower-than- new cost.
f. Repair/Maintenance service is available only from manufacturer or designated service representative.
g. Upgrade to or enhancement of existing software is available only from manufacturer. h. Service proposed by vendor is unique; therefore, competitive bids are not available or applicable.
i. Other factors (provide detailed explanation in #2 below).

2. Provide a detailed explanation and pertinent documentation for each category checked in item 1 above. Attach additional sheets if necessary:

F - See Response #5; Authorized Dealers for New Way Vehicles Redlands Regular Meeting of 06-04-2024
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Authorized Dealers in California for New Way:

Ray Gaskin Service (FONTANA, CA)
Ruckstell California Sales Co (FRESNO, CA)

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City Council Meeting M. 5.

DATE: 06/04/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Fiscal Year 2024-25 Facilities and Community Services Department Solid Waste Division and Department Wide Annual Purchase Orders and Agreements for a total encumbered amount not-to-exceed $1,863,546.65 and a total not-to-exceed amount of $5,169,946.65 (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 approval of the Fiscal Year 2024-25 Facilities and Community Services Department Solid Waste Division and Department Wide Annual Purchase Orders and Agreements are exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act, and

1. I move to approve the 2024-25 Facilities and Community Services Department Annual Purchase Orders and Agreements as itemized in the staff report.

2. RECOMMENDATION:

Staff recommends that the City Council determine the Fiscal Year 2024-25 Facilities and Community Services Department Solid Waste Division and Department Wide Annual Purchase Orders and Agreements 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 Fiscal Year 2024-25 Facilities and Community Services Department Solid Waste Division and Department Wide Annual Purchase Orders and Agreements as itemized in the staff report for a total encumbered amount not-to-exceed $1,863,546.65 and a Redlands Regular Meeting of 06-04-2024
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total not-to-exceed amount of $5,169,946.65.

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 in accordance with the City’s purchasing policy, staff is seeking approval for the following agreements and purchase orders. The annual purchase orders are included in the Fiscal Year 2024-25 budget request and will be encumbered for a not-to-exceed total annual amount of $1,863,546.65 and a total not-to-exceed amount of $5,169,946.65 as described in the chart below.

Vendor Service Annual
Not-To-Exceed
Amount
Total
Not-to-Exceed
Division(s) Type
Vestis
Group
(formerly
Aramark)
Uniform
Services
$110,346.65 $110,346.65 FCS
Dept.

Wide
BID
One Stop
Landscape
Supply
Processing
green,
wood,
organic food
waste
$1,653,200.00 $4,959,600.00 FCS
Dept.

Wide
BID
San
Bernardino
County
Landfill
Disposal of
Solid Waste
Bulky Items
$100,000.00 $100,000.00 Solid
Waste
Sole
Source
Staff issued Request for Bids (RFBs) for the provision of a uniform rental service and the provision of processing of green/wood waste, commingled organic food waste materials and compost/soil. On March 7, 2024, the City Clerk received and opened one bid for each of the RFBs. Staff evaluated the bids for conformance with the scope of services and qualifications and verified the total price listed on the Bid Opening Report.

Agreement
Attached for the City Council's consideration is an agreement with One Stop Landscape Supply for the provision of green/wood waste, commingled organic food waste materials and compost/soil as needed for the City’s Solid Waste, Streets, Parks, and Trees, and Cemetery Divisions in an amount not to exceed $1,653,200 for the initial term of one-year, with the option to extend by two additional one-year terms for a total amount not-to-exceed $4,959,600. The City owns and operates its own landfill. However, this facility is not permitted to process green waste and staff utilizes a local vendor to perform these services in Redlands Regular Meeting of 06-04-2024
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order to comply with the wide range of rules and regulations. One such rule is AB 939 which requires all California jurisdictions to divert 50 percent of trash from landfills in order to achieve a reduction of methane and greenhouse gases.

To help comply with this green waste recycling law, jurisdictions must divert all residential and commercial green waste to a processing facility for beneficial reuse.

Sole Source Purchase Order
In accordance with the City's purchasing policy, sole or single source purchases exceeding $30,000 require City Council approval. These purchases are typically warranted because the vendor is the sole-authorized dealer and purchasing from another vendor would void the manufacturer's warranty, and/or the vendor's product has been standardized for use. The request is for a single/sole source purchase order with San Bernardino County Landfill for an amount not to exceed $100,000 for services required to dispose of bulky solid waste items. The San Timoteo Canyon Landfill is the only landfill within the vicinity licensed to adopt bulky items.

City Council approval of these Agreements and annual Purchase Orders is exempt from environmental review pursuant to Section 15301 of the State’s guidelines implementing the California Environmental Quality Act as it can be seen with certainty the approval of these annual Purchase Orders will have no significant effect on the environment.

ALTERNATIVES:

City Council may choose to reject the requests and provide further direction to staff.

STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Department Director RECOMMENDED BY:

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

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

Nathalie Ayala, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2024-25
Amount: 1,863,546.65
Budgeted Y/N: Y
Account No.: Various
Discussion:

Sufficient funding for these annual purchase orders and agreements are included in the Solid Waste/Landfill budget for FY 2024-25. In addition, sufficient funding is also available in the following FCS FY 2024–25 budgets for uniform services: Parks, Tree, Groves, Streets, Solid Waste, Landfill and Building Maintenance Divisions Costs associated with any future renewal terms of the agreement will be included in subsequent budget requests prepared by the Department.

Attachments
A. Sole Source Request - SB County Landfill
B. Agreement with One Stop Landscape Supply
C. One Stop Bid Report
D. Vestis (formerly Aramark) Bid Report
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AGREEMENT TO PERFORM GREEN WASTE PROCESSING SERVICES

This agreement for the provision of processing green/wood waste, commingled organic food waste materials, and compost/soil as needed (“Agreement”) is made and entered in this 4th day of June, 20 24 (“Effective Date”), by and between the City of Redlands, a mun icipal corporation (“City ”) and One Stop Landscape Supply , Inc. a California corporation etc. (“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 the processing of green/wood waste, commingled organic food waste material and compost/soil as needed 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 practici ng 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 regulati ons 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 Tabitha Crocker, Facilities and 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 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 The term of this Agreement shall be for a period of one (1) year commencing on July 1, 2024 (the “Initial Term”). The City shall have the option to extend the Initial Term of this Redlands Regular Meeting of 06-04-2024
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2 I:\cmo\Agreements\One Stop Landscape Supply, Inc. FY23-0102.docx-msv2 Agreement by two (2) additional one-year terms (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Consultant at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term.

4.3 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.

ARTICLE 5 – PAYMENTS TO CONSULTANT

5.1 The compensation for Consultant’s performance of the Services shall not exceed the amount of one million six hundred fifty-three thousand two hundred dollars ($1,653,200) for the Services provided during the Initial Term. Should this Agreement be extended, the compensation for Consultant’s performance for the Services shall not exceed the amount of one million six hundred fifty three thousand two hundred dollars ($1,653,200) for the first Extended Term; and one million six hundred fifty three thousand two hundred dollars ($1,653,200) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of four million nine hundred fifty nine thousand six hundred dollars ($4,959,600). For the Initial Term and each Extended Term, City shall pay Consultant 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 “Fee Schedule,” which is attached hereto and incorporated herein by this 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) o n 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 s et forth below, or such other address as a Party may provide notice in accordance with this section:

CITY: CONSULTANT:

City Clerk Louis Curti, President
City of Redlands One Stop Landscape Supply, Inc.
35 Cajon Street 13024 San Timoteo Canyon Road
P.O. Box 3005 (mailing) Redlands, CA 92373
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[email protected] Phone: (909) 798-1278
Phone: (909) 798-7531 Fax: (909) 793-3428

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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

Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or 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 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. 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.

D. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the 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.

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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.

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

8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant’s employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event 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 Redlands Regular Meeting of 06-04-2024
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8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.

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

CITY OF REDLANDS ONE STOP LANDSCAPE SUPPLY, INC.

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Louis Curti, President

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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7 I:\cmo\Agreements\One Stop Landscape Supply, Inc. FY23-0102.docx-msv2 EXHIBIT "A"

SCOPE OF SERVICES

1. Services to be provided:

A. Contractor shall accept residential and commercial green/wood waste, commingled organic food waste, and compost/soil from the City’s Solid Waste, Streets, Parks, and Trees, and Cemetery Divisions. The tonnage delivered to the Contractor by Solid Waste collection vehicles shall be determined by the City. The City will NOT accept end products to include mulch, compost, and any product resulting in green/wood waste and organic food waste materials processing, etc.

B. Contractor will provide the City operators with scale records to indicate the weight of green/wood waste, commingled organic food waste and compost/soil delivered to the Contractor. The weight records shall provide the net weight of the material by vehicle and date.

C. Contractor is allowed reasonable down time due to repair and maintenance of equipment. “Reasonable down time” shall be defined as less than two days each operating month. Contractor shall maintain adequate space to stockpile green waste during such reasonable down time for acceptance of material without a break in service.

D. Contractor shall receive residential and commercial green/ wood waste, commingled organic food waste materials, and compost/soil as needed from the City during the following days and hours:

Monday-Friday (Except major holidays) 7:00 AM – 4:00 PM Saturday 7:00 AM – 4:00 PM
E. Contractor shall accept green/wood waste, commingled organic food waste, and compost/soil as it is collected by the Solid Waste Division. Contractor shall market all green waste and wood waste or otherwise divert all green waste and wood waste from landfilling. Only contaminants removed from the green waste are excluded from this condition. Contractor shall not transform (i.e. destroy or incinerate) in excess of 10% of the green waste without the written approval of the Solid Waste Manager.

F. The City shall endeavor to reduce the level of contamination contained within green waste by diverting loads containing an inordinate amount of contamination to other disposal facilities. The City, in its sole discretion, shall determine the loads of green waste to be delivered to Contractor. The City shall also utilize a procedure for tagging automated carts identified by drivers as containing excessive contamination. The City shall refer repeat offenders to Code Enforcement for possible citation and follow-up.

G. Contractor shall provide use of a phone to City employees in the event a City driver needs to contact their Supervisor regarding City business.

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8 I:\cmo\Agreements\One Stop Landscape Supply, Inc. FY23-0102.docx-msv2 H. Contractor shall provide paved road surfaces wherever green/wood waste, comingled organic food waste, and compost/soil is processed or stored.

I. Contractor shall provide spotting of City trucks when tipping.

J. Contractor shall provide adequate queuing area so that City trucks do not line up on Public Streets.

K. Contractor shall allow the City’s representative to inspect their facilities during operating hours to assure compliance with the services agreement. Upon request, the Contractor shall provide the City with written certification of all green waste/wood waste, commingled organic food waste materials and compost/soil having been diverted from landfill. Certification will document the end-use for said material.

L. The City’s RFB for Processing Green/Wood Waste, Commingled Organic Food Waste, and Compost/Soil as Needed and the Contractor’s proposal in response thereto is incorporated herein by reference, provided that any inconsistencies or differences between said do cuments and this agreement shall be resolved in favor of this agreement.

M. The contractor shall be located within 10 miles of the City’s Corporate Yard.

N. The Contractor shall address their facility compliance with the following regulatory agencies and requirements:

1. California Environmental Quality Act (CEQA) – Provide a copy of the Notice of Determination or other environmental determination to indicate fully compliance with CEQA.

2. CalRecycle – Indicate necessary permits issued by State for processing green/wood waste, and organic food waste.

3. South Coast Air Qualit y Management District – Indicate compliance with applicable regulations, including but not limited to SCAQMD Rule 1133 - 1133.2

4. Santa Ana Regional Water Quality Control Boa rd – Indicate compliance with National Pollution Discharge Elimination System (NPDES), Waste Discharge Requirements (WDRs) and Monitoring and Reporting Requirements.

5. The Contractor will discuss and notify any future plans for a change in operation by an enforcement agency or Notice and Order, permit change or application as related to the acceptance of green and wood waste material from the City’s recycling program with the City.

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9 I:\cmo\Agreements\One Stop Landscape Supply, Inc. FY23-0102.docx-msv2 O. Contractor shall give City trucks preference, as necessary, to provide a turn-around time of less than fifteen minutes from entry into the facility until the time the truck exits the facility. The following conditions shall apply to the application of remedies and penalties for failure to provide a fifteen-minute turn-around:

1. The City shall provide the Contractor with specific information as to noncompliance with the required turn -around time as a condition of initiating remedies and penalties under this clause of the Scope of Services. Specific information shall consist of the dates and times in and times out of the facility.

2. The time a driver takes to clean-out a truck shall not be included in calculating turn-around time.

3. Contractor shall be required to meet and confer with the City’s representative upon notification of three incidents where the turn-around time exceeded fifteen minutes within a calendar month. The Contractor’s representative shall meet with the City’s representative within five working days of notification by U.S. mail to discuss remedies for reducing the turn-around time.

4. The city shall penalize the contractor $25 per incident for each time the turn - around time is exceeded following the City’s meet and confer meeting with the Contractor’s representative.

5. The process shall begin over again when a period of 30 days elapses without the Contractor exceeding the fifteen minute turn-around time.

6. Repeat incidences of exceeding a fifteen (15) minutes turn -around time may result in breach of contract at the City’s discretion.

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10 I:\cmo\Agreements\One Stop Landscape Supply, Inc. FY23-0102.docx-msv2 EXHIBIT "B"

FEE SCHEDULE

Item Description Unit Unit Price Total
Green Waste/ Wood Waste &
Commingled Organic Food Waste Tons $75.00/ton $1,650,000.00 Compost and Soil as needed Tons $16.00/ton $3,200.00

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11 I:\cmo\Agreements\One Stop Landscape Supply, Inc. FY23-0102.docx-msv2 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.

ONE STOP LANDSCAPE SUPPLY, INC.

By: Date: ___________________
Louis Curti, President

Redlands Regular Meeting of 06-04-2024
1081 of 1083
Redlands Regular Meeting of 06-04-2024
1082 of 1083
Redlands Regular Meeting of 06-04-2024
1083 of 1083

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