Redlands City Council
October 15, 2024

CITY OF REDLANDS

CITY COUNCIL

A G E N D A
OCTOBER 15, 2024

EDDIE TEJEDA
Mayor
PAUL T. BARICH
Mayor Pro Tempore

DENISE DAVIS
Council Member
JENNA

GUZMAN-LOWERY
Council Member

MARIO SAUCEDO
Council Member
***

JEANNE DONALDSON
City Clerk

PHILLIP DOOLITTLE
City Treasurer
CHARLES M. DUGGAN JR.

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

TUESDAY, OCTOBER 15, 2024
To join via Zoom on a computer, laptop, or smart device Please visit www.zoom.us
, click on Join a Meeting
Enter the Meeting ID 824 4618 0187, then run the Zoom launcher To join via Zoom with audio only (cell phone or landline):

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

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

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

To provide comment while participating from Council Chambers:

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

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

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PLEASE SILENCE CELL PHONES, PAGERS AND OTHER ELECTRONIC

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

A. Call City Council Meeting to Order.

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

1. Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney Garcia)
One Case:
a. Holzer v. City of Redlands, et al., San Bernardino Superior Court, Case No. CIVSB2322787

2. Conference with real property negotiators - Government Code §54956.8 (Assistant City Manager Boatman)
Property:  APN: 0169-321-03-0000
Agency
Negotiators:

Charles M. Duggan, City Manager; Christopher Boatman, Assistant City Manager
Negotiating Party: Jason Hill, Deputy Superintendent; Redlands Unified School District Under Negotiation: Terms of payment and price of possible sale of real property by the City. 6:00 P.M.

D. Reconvene City Council Meeting
E. Invocation by Council Member Guzman-Lowery
Pledge of Allegiance by Boy Scout Troop #44, and Troop Leader John Hinkleman (In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief invocation. Such invocations are not intended to proselytize or advance any one, or to disparage any other, faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.)
F. Closed Session Report
(No reportable action taken in closed session unless otherwise announced by the City Attorney at this time.)
G. Presentations

1. Presentation of the Hindu Heritage Month Proclamation to Roop Goyal, Human Relations Commissioner and Members of the Hindu Community (Mayor Tejeda) H. Public Comment - City Council
(At this time, the City Council will provide an opportunity for the public to address them on any subject, within the jurisdiction of the City Council, which is not already scheduled on this agenda.

However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.) I. Consent Calendar
(The following routine items have been recommended for approval and will be acted upon simultaneously unless separate discussion and/or action is requested by a Councilmember or a member of the audience.)

1. Approve regular meeting minutes of October 1, 2024 (City Clerk Donaldson)

2. Authorize issuance of a Proclamation declaring the month of October 2024 Hindu Heritage Month in the City of Redlands (Mayor Tejeda)

3. Authorize issuance of a Proclamation Declaring October 20-26, 2024 as Childhood Lead Poisoning Recycled Paper
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3. Authorize issuance of a Proclamation Declaring October 20-26, 2024 as Childhood Lead Poisoning Prevention Week (Mayor Tejeda)

4. Disclosure and Approval of Settlement Agreement and General Release of All Claims - Sedlick v.

City of Redlands et al.; United States District Court Case No. 5:23-cv-00457-JGB (SPx) and authorizing the City Manager to execute the Settlement Agreement (City Attorney Garcia)

5. Approve the agreement with Decor IQ, LLC for holiday decor and installation services for the downtown area in an amount not-to-exceed $180,186 and determine that the approval of the agreement is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)

6. Approve an Agreement with Babcock Laboratories, Inc. for laboratory testing and analysis for the California Street Landfill for an amount not-to-exceed $52,836 and determine that approval of this agreement is exempt from environmental review pursuant to Section 15061 (b)(3) of the State’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)

7. Approve the request to hold The Redlands Turkey Trot event hosted by Phoenix Hope International on November 28, 2024, within Sylvan Park and the surrounding area; authorize street closures related to the event; approve a request for in-kind support in the amount of $14,536 related to the event and determine that the approval of the request is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)

8. Approve the request for in-kind support in the amount of $20,703 relating to the Redlands Veterans Day Celebration event hosted by the Redlands Hometown Heroes Foundation on November 11, 2024; approve the request to close E. Citrus Ave., Eureka St., W. State St., Center St., and Redlands Blvd. for the event; authorize the request for the sale and consumption of alcoholic beverages in Jennie Davis Park during the event; and determine that the approval of the request is exempt from environmental review pursuant to Section 15311 of the state’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)

9. Approve the use of city resources and the request for in-kind support in the amount of $25,778 related to the New Year's Eve Orange Drop event hosted by the Redlands Chamber of Commerce on December 31, 2024; and that this item is categorically exempt from environmental review pursuant to Section 15311 (c) of the State’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)

10. Approve an intergovernmental purchase of VMware support and licensing from Sidepath in the amount of $30,660 per year with a three-year commitment, totaling $91,980 over three years (Management Services/Finance Director Garcia)

11. Approve the Cooperative Agreement Time Extension with the San Bernardino County Transportation Authority (SBCTA) for the Interstate 10/Alabama Street Improvement Project and determine that approval of a Third Amendment to the Cooperative Agreement with SBCTA is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

12. Adopt Resolution No. 8632 establishing time-restricted parking zones on Columbia Street between Colton Avenue and Sun Avenue and determine that approval of the resolution is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris) Recycled Paper
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13. Approve the Third Amendment to the Non-Professional Services Agreement with TESCO Controls, LLC for the Water Distribution System Supervisory Control and Data Acquisition (SCADA) Upgrade Project to extend the project time for completion to June 30, 2025 and determine that approval of a Third Amendment to the Non-Professional Services Agreement with TESCO Controls, LLC is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

14. Adopt Resolution No. 8637 in support of Proposition 36, the Homelessness, Drug Addiction and Theft Reduction Act (Police Chief Tolber)
J. Communications

1. Discussion and possible action concerning Resolution No. 8635 in support of Proposition 4: The Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 (Mayor Tejeda and Council Member Saucedo)

2. ARPA update and request for reprogramming of ARPA funds to be obligated by December 31, 2024 (City Manager Duggan)
K. New Business

1. Consideration of a Memorandum of Understanding Regarding Planning and Funding of the Santa Ana Wash Wildland Trails between the City of Highland, City of Redlands and the San Bernardino Valley Water Conservation District (Development Services Director Desatnik)

2. Consideration of an agreement with American Landscape and Maintenance, Inc. for turf mowing contractual services within City parks and medians for a term of three years in the amount not-to-exceed $566,624 and determine that approval of the agreement is exempt from environmental review pursuant to Section 15301(h) of the State's Guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)

3. Consideration of a First Amendment to the Professional Services Agreement with ALS Group USA, Corp. to revise the annual compensation to $109,000, with options to extend for two (2) additional one-year terms, for a total potential amount not-to-exceed $327,000 and determine that approval of a First Amendment to the Professional Services Agreement with ALS Group USA, Corp. is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

4. Consideration of an agreement with CelPlan Technologies, Inc to provide a new video management solution including wireless network infrastructure equipment and maintenance services for an initial term of $1,158,006.29, with an option for four additional extension terms, bringing the total compensation during the initial term and four extension terms to an amount not-to-exceed $2,131,048.93 and determine that approval of the Professional Services Agreement with Cel Plan Technologies, Inc is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act (Management Services/Finance Director Garcia)

5. Consideration of an Agreement with Tyler Technologies, Inc. for five years, for an amount not to exceed $586,526, for Software Maintenance and Support of the City's Enterprise Resource Planning System (Management Services/Finance Director Garcia) L. Individual Council Member Announcements and/or Reports on Activities Recycled Paper
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L. Individual Council Member Announcements and/or Reports on Activities (No collective discussion or action.)
M. Adjournment
The next regular meeting of the City Council will be held on November 19, 2024.

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

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

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

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

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City Council Meeting I. 1.

DATE: 10/15/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve regular meeting minutes of October 1, 2024 (City Clerk Donaldson)
MOTION:

I move to approve the regular meeting minutes of October 1, 2024.

Attachments
Meeting Minutes of October 1, 2024
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MINUTES
Regular meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on October 1, 2024 at 5:00 P.M.

Present:  Eddie Tejeda, Mayor
Paul Barich, Mayor Pro Tempore
Denise Davis, Council Member
Jenna Guzman-Lowery, Council Member
Mario Saucedo, Council Member
Staff: Charles M. Duggan, Jr., City Manager; Albert Maldonado, Special Counsel; Jeanne Donaldson, City Clerk; Phillip Doolittle, City Treasurer; Janice McConnell, Assistant City Manager; Chris Boatman, Assistant City Manager; Carl Baker, Public Information Officer; Danielle Garcia, Management Services/Finance Director; Brian Desatnik, Development Services Director; John Harris, Municipal Utilities and Engineering Director; Rich Sessler, Fire Chief; Stephen Crane, Deputy Police Chief; Tabitha Crocker, Facilities and Community Services Director
Mayor Tejeda called the meeting to order and explained that comments could be presented in-person, via Zoom, via cell phone or landline. He offered the public an opportunity to provide comment on any item on the agenda for the closed session.

PUBLIC COMMENT
Raising Questions - Steve Rogers wondered why the City Manager's contract was being considered at this time, when the current contract was not set to expire until January 31, 2026.

He said the Council should table this matter until after the election when the new council members will be sworn in and until the timing is more appropriate.

CLOSED SESSION
a. Conference with Labor Negotiator – Government Code §54957.6 (Assistant City Manager McConnell)
Agency Negotiators: Mayor Tejeda and Mayor Pro Tempore Barich Unrepresented Employees: City Manager
RECONVENE CITY COUNCIL MEETING
The meeting reconvened at 6:00 P.M. with an invocation by Mayor Tejeda. The Pledge of Allegiance was conducted by Crafton Elementary School Students.

CLOSED SESSION REPORT
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CLOSED SESSION REPORT

Special Counsel Albert Maldonado announced that the City Council gave direction to make two changes to the City Manager’s proposed Employment Agreement, as provided in Agenda Item L-1, under New Business. The two changes included the following: 1) Effective January 15, 2025, the annual base salary shall increase to $315,000; and 2) Effective the first payroll period following July 1, 2025, Employee will receive a two percent (2%) increase to salary over the prior year. The Council will consider the proposed Employment Agreement, with the changes, during New Business.

PRESENTATIONS

Redlands Pet Adoption
Animal Services Supervisor Jodi Kroeger and Kennel Attendant Hailey Stuck introduced "Ghost", a three-year-old male German Shepherd, who is available for adoption, along with fifty-two other dogs and fourteen cats at the Redlands Animal Shelter. Ms. Kroeger informed the Council there had been nineteen dogs and sixteen cats adopted in September 2024. She added the shelter was full and in urgent need of fosters and adopters and all fees will be waived.

Proclamation Recognizing Dr. Leonard Sigdestad
Council Member Davis and Mayor Pro Tem Barich presented a Proclamation to Dr. Leonard Sigdestad in recognition of his 55 years of caring for animals of all shapes and sizes in and around the Inland Empire and for his lifelong dedication to community service, veterinary medicine, and animal welfare.

PUBLIC COMMENT

Crystal Springs Well Installation - Steve Rogers referenced an email sent to the City Council earlier in the day, voicing concerns about what he said was an illegal well installation that was harvesting spring water from Crystal Springs Ranch. He said the Conditional Use Permit (CUP) had expired, so he was confused why the property owner would not be required to apply for a new CUP before obtaining a new well installation permit from the County.

Assistant City Manager Boatman clarified that the CUP had expired, but one is no longer required for the property. The property owner has met the requirement to obtain a ministerial use permit.

Introductions
- Dr. Hillary Jenkins, of the San Bernardino Valley Water Conservation District introduced herself as the newly appointed District Representative for northeast Redlands.

Valley Water District Incentive Funds
- David Armstrong wondered why the City of Redlands
did not send a representative to receive an incentive check from the San Bernardino Valley Water District designated for those users who conserve water. It was announced that Redlands had been granted $340,000 through the program, but he said no Council Member or staff member was present at the meeting. Director Harris explained he and his staff had planned to attend and accept the check, but they were not notified of a scheduling change, so unfortunately, they missed the meeting.

CC_October 1, 2024

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Various Musings - Dennis Bell complained that the state was at it again with the recent ban on plastic bags from being offered at grocery stores. He was not pleased the City was searching for a Sustainability Manager and thought public funds should not be used on cultural and social issues, but instead on public safety. He drew attention to recent unsafe conditions with cyclists on city sidewalks, saying he had almost been hit by a cyclist himself.

Social Media Accessibility
- Kathy Sadanala pushed for Mayor Tejeda to be more transparent with his social media accounts and allow people to engage and open a dialogue.

Candidate Forum Comments
- Michael Paisner thanked Mayor Pro Tem Barich for being more selective about endorsing candidates. But he was troubled with certain responses made by candidate Eddie Tejeda at a recent Candidate Forum.

CONSENT CALENDAR

Minutes

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the regular meeting minutes of September 17, 2024.

Vote: 5 - 0 Passed

Proclamation Recognizing Dr. Leonard Sigdestad

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously authorized, by roll call vote, the issuance of a Proclamation recognizing Dr. Leonard Sigdestad's 55 years of caring for animals of all shapes and sizes in and around the Inland Empire and for his lifelong dedication to community service, veterinary medicine, and animal welfare.

Vote: 5 - 0 Passed

Human Relations Commissioner Appointment

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously appointed, by roll call vote, Roya Damsaz to serve the remainder of a four-year term on the Human Relations Commission ending October 18, 2026.

Vote: 5 - 0 Passed

MOU First Amendment Victorville Fire Department

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the First Amendment to the Memorandum of Understanding with the City of Victorville for the loan of a Fire Tiller Truck to Victorville Fire Department. On March 5, 2024, the Redlands Fire Department agreed to lend their available tiller truck to Victorville for training, but since that time, the Victorville Fire Department has also asked to use the Tiller Truck for emergency responses, in addition to its CC_October 1, 2024

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original training purpose.

Vote: 5 - 0 Passed

Acceptance of National Opioid Settlement Funds

Fire Chief Sessler reviewed the request to accept the National Opioid Settlement Funds from the five Settling Defendants including Allergan, CVS, Teva, Walgreens, and Walmart in the aggregate amount of $192,720.22, for a Substance Use Navigator position in the Fire Department to help improve treatment and access to medication for Opioid Use Disorder in the community. As public comment, Dennis Bell raised questions about the program, suggesting it sounded more like handholding than actually helping people move away from an addictive lifestyle.

On motion of Council Member Jenna Guzman-Lowery, seconded by Mayor Pro Tempore Paul Barich, the City Council unanimously approved, by roll call vote, the acceptance of National Opioid Settlement Funds from the five Settling Defendants (Allergan, CVS, Teva, Walgreens, and Walmart) in the aggregate amount of $192,720.22, for the recruitment of a Substance Use Navigator in the Fire Department to help improve treatment and access to medication for Opioid Use Disorder within the community; and authorized an additional appropriation for the payment amounts from each Settling Defendant.

Vote: 5 - 0 Passed

Tate Water Treatment Plant Project Amendment

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the Second Amendment to the Professional Services Agreement with Carollo Engineers, Inc. for the Tate Water Treatment Plant Raw Water Influent Pipeline Replacement Project extending the completion time by twelve (12) months to October 18, 2025.

Vote: 5 - 0 Passed

Revel Big Bear Marathon Event Street Closures

Facilities and Community Services Director Crocker introduced the request to temporarily close San Bernardino Avenue for the Revel Big Bear Marathon event hosted by the Brooksee Foundation on November 16, 2024 and the request for the sale and consumption of alcoholic beverages. As public comment, Dennis Bell thought it odd that the Brooksee Foundation was based out of Utah, and he questioned why the event was called the Revel Big Bear Marathon, when the course was not located in Big Bear.

On motion of Council Member Jenna Guzman-Lowery, seconded by Mayor Eddie Tejeda, the City Council unanimously determined, by roll call vote, that the approval of the event is exempt from environmental review pursuant to Section 15311(c) of the State's guidelines implementing the California Environmental Quality Act; and approved the request for the temporary street closure of San Bernardino Avenue and the sale and consumption of alcoholic beverages related to the event for the Revel Big Bear Marathon event hosted by the Brooksee Foundation on CC_October 1, 2024

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November 16, 2024.

Vote: 5 - 0 Passed

Chamber of Commerce Dog Jog Event In-Kind Request

Facilities and Community Services Director Crocker reviewed the request to hold the Dog Jog event hosted by the Redlands Chamber of Commerce on October 20, 2024, within Ed Hales Park and the downtown area, which included the request for street closures related to the event and in-kind support in the amount of $11,948. As public comment, Debi Menard, Chamber of Commerce Membership Director, described some of the many activities available during the event, and she encouraged everyone to participate. Mayor Pro Tem Barich said he has enjoyed the event every year, and he pointed out it attracts many people to the downtown area.

On motion of Council Member Jenna Guzman-Lowery, seconded by Mayor Pro Tempore Paul Barich, the City Council unanimously determined, by roll call vote, that the approval of the event is exempt from environmental review pursuant to Section 15311(c) of the State's guidelines implementing the California Environmental Quality Act; authorized the expenditure of city resources, in-kind support in the amount of $11,948.00; and approved the temporary street closure related to the Dog Jog event hosted by the Redlands Chamber of Commerce on October 20, 2024, within Ed Hales Park and the downtown area.

Vote: 5 - 0 Passed

Sole Source PO Traffic Signal Cabinets from Econolife

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the sole source purchase order for the purchase of five (5) Blue Series Cabinets Part CAB18036 and three (3) Blue Series Cabinets Part STCAB3575-77 from Econolite for an amount not to exceed $124,966.96.

Vote: 5 - 0 Passed

Citrus Valley Band Tournament Event In-Kind Request

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that the approval of the event is exempt from environmental review pursuant to Section 15311(c) of the State's guidelines implementing the California Environmental Quality Act; authorized the expenditure of city resources, in-kind support in the amount of $2,700, and approved the temporary street closure of West Pioneer Avenue from Texas Street to Tennessee Street for the Citrus Valley Band Tournament event for Saturday, October 12, 2024, from 1:00 p.m. to 11:00 p.m.

Vote: 5 - 0 Passed

License Agreement Dawg Social LLC

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise CC_October 1, 2024

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On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of a License Agreement with Dawg Social LLC is exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act Guidelines; and approved a License Agreement with Dawg Social LLC to operate a hot dog cart at City Hall, 35 Cajon Street.

Vote: 5 - 0 Passed

COMMUNICATIONS

November 5, 2024, & January 7, 2025 Council Meeting Cancelations

Mayor Tejeda opened the discussion regarding the possible cancelation of the November 5, 2024, and the January 7, 2025, regular meetings of the City Council. City Manager Duggan recommended the cancelation of November 5, in order to allow staff and the City Council to participate in the election and cast votes. Additionally, Mr. Duggan said that in light of the December holiday closure, he recommended the cancelation of January 7, 2025.  The next regular meetings will be held on November 19, 2024, and January 21, 2025, respectively. As public comment, Steve Rogers pointed out the City Council had already canceled meetings for the whole month of August, and he thought it excessive to also cancel the November 5 meeting. He added the government should be held accountable to the people and canceling meetings does not send the right message to build public trust. Mayor Pro Tem Barich said that even when there are no meetings, Council Members continue to work and respond to queries from the public. Council Member Davis added that work will still be accomplished, just on another day.

On motion of Council Member Denise Davis, seconded by Council Member Mario Saucedo, the City Council unanimously approved, by roll call vote, the cancelation of the November 5, 2024, and the January 7, 2025, regular meetings of the City Council.

Vote: 5 - 0 Passed

PUBLIC HEARINGS

Resolution No. 8629 Venue at Orange Apartment Development Application

Council Member Davis announced that due to property ownership within 500 feet of the development, she recused herself from voting and discussion on this item. Mayor Tejeda opened the Public Hearing and called on Development Services Director Desatnik for a full review of Resolution No. 8629 and the development applications related to the construction of 164 apartment units within the Venue at Orange Apartments, located at the southwest corner of Orange Avenue and Alabama Street. The entitlements included the following:

Socio-Economic Cost/Benefit Study as required by Measure U; Commission Review & Approval No. 914, Revision 1, to construct an additional 164 units consisting of three four-story apartment buildings within the Venue at Orange apartment project, pursuant to a density bonus to allow up to a 50% increase in the total project density. The proposed additional 164 apartments (“Density Bonus Units”) would be constructed on the south side of Orange Avenue on a 3.2-acre portion of the subject property located at the southwest corner of Orange Avenue and Alabama Street; CC_October 1, 2024

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Parcel Map No. 20796, to subdivide a 9.2-acre parcel into two parcels for residential development purposes.

Density Bonus Agreement with Declaration of Affordable Housing Covenants and Restrictions;
Loan Agreement, to provide $1,500,0000 in financial assistance in the form of a forgivable loan with a term of 55 years to be funded by the Inclusionary Housing Fund for the construction of 164 apartment units, including 50 units for Very Low Income households.

As background, Mr. Desatnik offered a summary of the project: Phase 1: 328 apartments in seven 3-story buildings; Phase II: 164 units in three 4-story buildings; 50% Density Bonus; 50 Units reserved for Very Low Income households for 55 years; Affordable units to be scattered throughout both phases of project; $1.5 million ($30,000/unit) loan from Inclusionary Housing fund; $1.5 million loan from General Fund to Inclusionary Housing Fund. Furthermore, he reviewed the following items:

Financial Gap Analysis as prepared by Kathleen Head, of Keyser Marston Associates, who analyzed project costs, projected net operating income, determined the financial gap to make the project feasible; determined financial gap of $1.59 million ($31,800 / affordable unit); and a request of $1.5 million ($30,000 / affordable unit); and compared to the financial gap for a Very Low Income Unit with no Density Bonus was $275,000 / affordable unit;
Financial assistance requested included: Loan Amount: $1.5 million; Source of Funds:

Inclusionary Housing Fund; 1/55 of loan amount, plus accrued interest, forgiven every year that projects remain in compliance with affordability covenants; and $1.5 million loan from General Fund to Inclusionary Housing Fund (anticipated term 12-24 months); A comparison of affordable rent data based on very low income rent calculations He explained that as of now, the Inclusionary Housing Fund has not collected revenue from in-lieu fees, but there are two residential development projects currently in the project pipeline that are anticipated to generate significant revenues for the Fund. The Biennial Budget for Fiscal Years 2025 and 2026 includes anticipated revenues of $1.8 million and $1.5 million, respectively, for the Inclusionary Housing Fund as adopted by Council. The timing of this anticipated in-lieu fee revenue has created a cash flow gap for the Inclusionary Housing Fund as it is now presented with an opportunity to fund 50 affordable housing units through the Venue at Orange Apartments Project. It was determined that an interfund loan from the General Fund to the Inclusionary Housing Fund was the most effective means of moving this affordable housing project forward, provided that the terms of the interfund loan abided by the policy and procedures set forth in the City's interfund loan policy.

Principal Planner Sean Reilly, of Development Services, presented slides related to the land use applications, showing the project location, General Plan map, zoning map, site plan, parcel map, concessions/incentives as required by law; and the Socio Economic Cost Benefit analysis and environmental analysis. He said the Planning Commission voted 5-1-1, with one Commissioner opposed and one Commissioner absent, recommending approval of the project entitlements and the Density Bonus Agreement to the City Council.

Project representative and architect, Gary Miller provided an overview of the Apartments, detailing the vision and design of the project, to develop the finest community in the region, address housing needs and trends, while complimenting adjacent neighborhood services, and complying with land use regulations. He said the project was designed as a continuous connected village and will provide for the luxury and quality as found in Phase I, improve underutilized property, and help meet California's housing needs for affordability and high CC_October 1, 2024

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quality.

Council Members raised a number of questions and concerns regarding the timing of the loan, as currently the Inclusionary Housing Fund has not collected revenue from in-lieu fees yet, consideration of loaning the funds to a private developer and thereby, setting a precedent for future developments, the risks associated with the loan, the City's obligation to provide for concessions/incentives, potential flooding, the General Fund impact, and a what-if scenario if the economy were to take a serious downturn. City Manager Duggan and staff responded to their questions, while Ms. Head, of Keyser Marsten Associates, briefly reported on the Financial Gap Analysis she conducted and, she said the City was required to provide three meaningful concessions.

As public comment, Bobby Garrity requested the Council approve the project because the City was in a housing shortage and, in particular, an affordable housing shortage, and he urged the Council to push for policy reforms to allow for increased density that does not inhibit development. Steve Rogers said the project appeared to be worthwhile, but he thought it should have been conditioned to make improvements to what he saw as an unsafe condition located at Iowa Street and the zanja bridge. Michael Paisner was concerned with the building heights and increased traffic and reminded everyone that these issues were also voiced during the Phase I approval process. Kathy Sadanala also voiced safety concerns about the impact of increased traffic since multiple schools are situated near the project. One written comment was received from John James, who questioned certain items related to the financial gap analysis in the income section, and he recommended the Council deny the project or postpone their decision to allow for more time to review.

As rebuttal, Architect Gary Miller clarified that all accommodations had been made to the nearby schools, a traffic review was conducted, and it was determined the project met the traffic related criteria of CEQA Guidelines, the financial gap analysis was performed by an independent consultant, and no complaints had been received opposing the proposed building heights. Morgan Gallagher, of Cox Castle, informed the Council that a postponement of the proceedings would not be desirable for the developer. She added the loan would be put towards paying the project's permit fees and development impact fees. With no more comments, Mayor Tejeda closed the public hearing.

Council Members continued to openly discuss the merits of the project, the added value of bringing fifty affordable housing units to the City's inventory, the decisions about the intended placement of the affordable housing units within the projects and the project timing.

On Motion of Mayor Pro Tem Barich, seconded by Council Member Guzman-Lowery, the City Council agreed, by roll call vote, to table the item until after a vote was taken on Agenda Item L2, Resolution No 8636, pertaining to an Interfund Loan.

Vote:   4 - 0 Passed
Other: Council Member Denise Davis (RECUSE)
Before voting on this Project, the City Council reviewed and voted on Agenda Item L2, Resolution No 8636, pertaining to the Interfund Loan associated with the Project.

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna CC_October 1, 2024

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On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council approved, by roll call vote, Resolution No. 8629, approving the Development Applications related to the Venue at Orange Apartments, for the construction of 164 apartment units located at the southwest corner of Orange Avenue and Alabama Street, approving:

Socio-Economic Cost/Benefit Study prepared for the proposed project as required by Measure U;
Commission Review & Approval No. 914, Revision 1 - A proposal to construct an additional 164 units consisting of three four-story apartment buildings within the Venue at Orange apartment project, pursuant to a density bonus in accordance with State Density Bonus Law (to allow up to a 50% increase in the total project density). The proposed additional 164 apartments (“Density Bonus Units”) would be constructed on the south side of Orange Avenue on a 3.2-acre portion of the subject property located at the southwest corner of Orange Avenue and Alabama Street (APNs: 0292-482-01-0000, 0292-721-01-0000, 0292-721-02-0000) in the Multiple Family Residential (EV/2500RM) district of the East Valley Corridor Specific Plan.

Parcel Map No. 20796 - A request to subdivide a 9.2-acre parcel into two parcels for residential development purposes. Parcel 1 is 5.9 gross acres and is developed with the Venue at Orange apartment project (105 existing residential units). Parcel 2 is 3.2 gross acres and currently vacant, and is the proposed location for the Density Bonus Units of the proposed project. The site for the Density Bonus Units is located at the southwest corner of Orange Avenue and Alabama Street (APN: 0292-482-01-0000) in the Multiple Family Residential (EV/2500RM) district of the East Valley Corridor Specific Plan.

Density Bonus Agreement with Declaration of Affordable Housing Covenants and Restrictions - A request to approve a Density Bonus Agreement which sets forth the terms and conditions to allow the Density Bonus Units and increased density for the project, the incentives/concessions and waivers that the developer is entitled to, pursuant to State law, and affordability covenants to ensure the affordability of fifty (50) apartment units for Very Low Income households throughout the Venue at Orange project for a term of 55 years;
Loan Agreement - An agreement to provide $1,500,0000 in financial assistance in the form of a forgivable loan with a term of 55 years to be funded by the Inclusionary Housing Fund for the construction of 164 apartment units, including 50 units for Very Low Income households.

Vote: 4 - 0 Passed
Other:  Council Member Denise Davis (RECUSE)

NEW BUSINESS

Amended and Restated City Manager Employment Agreement

Mayor Tejeda presented the Amended and Restated City Manager Employment Agreement between the City of Redlands and Charles M. Duggan, Jr. and explained the current Employment Agreement with the City Manager expires on January 31, 2026. The term of the proposed employment agreement is extended to January 31, 2028. Special Counsel Maldonado reported that during Closed Session, the City Council authorized two changes to the Agreement to include: 1) Effective January 15, 2025, annual base salary shall increase to Three Hundred Fifteen Thousand Dollars ($315,000); 2) Effective the first payroll period CC_October 1, 2024

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following July 1, 2025, Employee will receive a two percent (2%) increase to his Salary over the prior year. All other terms as set forth in the current contract remain unchanged.

As public comment, Steve Rogers was frustrated that the City has continued to ignore his suggestions to reorganize departments in order to make the City run more efficiently, but most importantly, he was concerned with the removal of the Code of Conduct from the employee personnel rules and regulations, saying this does not build trust in city government. City Manager Duggan pointed out his Employment Agreement required his compliance with the International City/County Management Association Code of Ethics. Council Members expressed every confidence in Mr. Duggan and were fully supportive of his job performance.

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the Amended and Restated City Manager Employment Agreement between the City of Redlands and Charles M. Duggan, Jr, as amended with two changes including: 1) Effective January 15, 2025, annual base salary shall increase to Three Hundred Fifteen Thousand Dollars ($315,000); 2) Effective the first payroll period following July 1, 2025, Employee will receive a two percent (2%) increase to his Salary over the prior year. All other terms as set forth in the current contract remain unchanged.

Vote: 5 - 0 Passed

Resolution No. 8636 Establishing an Interfund Loan
Based on the recommendation of Special Counsel Maldonado, this item was discussed and voted on before the determination was made regarding the Development Project, Venue at Orange Apartments, considered as Item K1 under Public Hearings.

Council Member Davis announced that due to property ownership within 500 feet of the development, she recused herself from voting and discussion on this item. Management Services/Finance Director Garcia summarized Resolution No. 8636 to establish an Interfund Loan from the General Fund to the Inclusionary Housing Fund in the amount of $1,500,000.

She briefly stated that as of now, the Inclusionary Housing Fund has not collected revenue from in-lieu fees, but there are two residential development projects currently in the project pipeline that are anticipated to generate significant revenues for the Fund. The Biennial Budget for Fiscal Years 2025 and 2026 includes anticipated revenues of $1.8 million and $1.5 million, respectively, for the Inclusionary Housing Fund as adopted by Council. Because the Inclusionary Housing Fund is currently without the moneys needed to provide this financial assistance and because the opportunity to fund affordable housing via an existing development project is rare, staff collaborated on the best way to provide bridge funding. It was determined that an interfund loan from the General Fund to the Inclusionary Housing Fund was the most effective means of moving this affordable housing project forward, provided that the terms of the interfund loan abided by the policy and procedures set forth in the City's interfund loan policy. The proposed interfund loan had been fully vetted by City auditors. Ms. Garcia said that additional details of the Interfund Loan were discussed during Agenda Item K1.

On motion of Council Member Jenna Guzman-Lowery, seconded by Mayor Eddie Tejeda, the City Council unanimously approved, by roll call vote, Resolution No. 8636 establishing an Interfund Loan from the General Fund to the Inclusionary Housing Fund in the amount of $1,500,000.

CC_October 1, 2024

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Vote: 4 - 0 Passed
Other:  Council Member Denise Davis (RECUSE)

MOU Santa Ana Wash Wildland Trails, and Mutual Covenant Staff requested this item be pulled from tonight's agenda to allow staff to conduct additional research. The matter will be scheduled for a future meeting.

Turf Mowing Contractual Services
This item was pulled from tonight's agenda due to missing CEQA verbiage in the subject line.

The matter will be presented to the Council at a future meeting.

Contract Award PMP 2024 Street Resurfacing Project

Municipal Utilities and Engineering Director Harris reviewed the Public Work Contract with Matich Corporation for the Pavement Management Program (PMP) 2024 Street Resurfacing Project for an amount not-to-exceed $4,677,377. Staff utilized the PMP 2020 to prepare plans and specifications for the PMP 2024 Street Resurfacing Project (Project), which includes resurfacing approximately twenty-eight lane miles of streets, selective replacement of curb and gutter, and striping replacement. Additionally, the Project includes resurfacing employee and customer parking lots and the brine cap at the Wastewater Treatment Facility. All known utility agencies operating within the City have been contacted to coordinate construction activities within the Project limits.

On motion of Mayor Eddie Tejeda, seconded by Council Member Mario Saucedo, the City Council unanimously determined, by roll call vote, that approval of the contract and construction of the PMP 2024 Street Resurfacing Project is categorically exempt from environmental review in accordance with Section 15301 of the State’s guidelines implementing the California Environmental Quality Act; approved the PMP 2024 Street Resurfacing Project Plans and Specifications; awarded a Public Work Contract to Matich Corporation for an amount not-to-exceed $4,677,377; and approved an additional appropriation in the amount of $815,066.

Vote: 5 - 0 Passed

Redlands Community Investment Corp Indemnification Agreement

Assistant City Manager Boatman introduced an Indemnification Agreement with Redlands Community Investment Corporation for certain real properties in the City of Redlands located at 204 E. Redlands Boulevard. On October 17, 2023, the City Council approved a Purchase and Sale Agreement for three parking lot parcels in the Downtown area with Redlands Community Investment Corporation (RCIC). After the close of escrow for these properties, staff determined that there was a need for an indemnification agreement to memorialize that RCIC has agreed to indemnify, defend and hold harmless from and against any and all loss, cost and expense arising from or relating to any failure to comply with the Americans with Disabilities Act or any other applicable law regarding accessibility on or about the Property during the period of RCIC's ownership.

CC_October 1, 2024

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On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, an Indemnification Agreement with Redlands Community Investment Corporation for certain real properties in the City of Redlands located at 204 E. Redlands Boulevard (APN 0171-071-08-0000) and 180 9th Street (APNs 0171-088-06, 07-0000).

Vote: 5 - 0 Passed

COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES

Mayor Tejeda was honored to speak at the celebration commemorating the renaming of Community Park as Martinez Park on Saturday, Sept. 28, at the park. On May 21, 2024, the City Council approved renaming Community Park to honor Norman N. Martinez and Oddie J.

Martinez, Redlands’ first Latino City Council members. In 1978, Oddie Martinez was selected as the City’s first Latino mayor.

Mayor Pro Tem Barich
enjoyed the renaming celebration at Martinez Park and the A.K.

Smiley Public Library Family Day and dedicated this meeting in honor of his father, George Barich.

Council Member Davis attended the 20th Annual Dinner in the Grove event which benefits the Family Service Association of Redlands, walked the 5K event at the Vibe Health and Wellness Festival, Sept. 29, hosted by the University of Redlands, and wished her mother happy birthday.

Council Member Guzman-Lowery
was looking forward to the Stater Bros Believe Walk on
October 6 and the Fire Department's Open house on October 12, 2024 at Fire Station 261.

Council Member Saucedo
attended the veteran's mental health resource fair hosted by the City, enjoyed the renaming celebration at Martinez Park, and participated in the 5K event at the Vibe Health and Wellness Festival, hosted by the University of Redlands.

ADJOURNMENT

Mayor Tejeda offered some thoughts about civil discourse and, with no further action required the meeting adjourned at 8:42 P.M. The next regular meeting of the City of Redlands City Council will be held on October 15, 2024.

CC_October 1, 2024

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City Council Meeting I. 2.

DATE: 10/15/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of a Proclamation declaring the month of October 2024 Hindu Heritage Month in the City of Redlands (Mayor Tejeda)
MOTION:

I move to authorize the issuance of a Proclamation declaring the month of October 2024 Hindu Heritage Month in the City of Redlands.

SUBMITTED BY:

Jennifer Macias, Management Analyst
REVIEWED BY:

Charles M. Duggan, Jr., City Manager
Janice McConnell, Assistant City Manager
Attachments
Hindu Heritage Month 2024
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City Council Meeting I. 3.

DATE: 10/15/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of a Proclamation Declaring October 20-26, 2024 as Childhood Lead Poisoning Prevention Week (Mayor Tejeda)
MOTION:

I move to authorize issuance of a Proclamation Declaring October 20-26, 2024 as Childhood Lead Poisoning Prevention Week.

Attachments
Childhood Lead Poisoning Prevention Week - 2024
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City Council Meeting I. 4.

DATE: 10/15/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Disclosure and Approval of Settlement Agreement and General Release of All Claims - Sedlick v. City of Redlands et al.; United States District Court Case No. 5:23-cv-00457-JGB (SPx) and authorizing the City Manager to execute the Settlement Agreement (City Attorney Garcia)
DISCUSSION:

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

SUBMITTED BY:

Yvette M. Abich Garcia, City Attorney
PREPARED BY:

Mayra Shushereba, Administrative Analyst
REVIEWED BY:

Charles M. Duggan, Jr., City Manager
Danielle Garcia, Management Services/Finance Director
Attachments
A. Settlement Agreement
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1 SETTLEMENT, MUTUAL AGREEMENT AND

GENERAL RELEASE OF CLAIMS

THIS SETTLEMENT, MUTUAL AGREEMENT AND GENERAL RELEASE OF CLAIMS (“Agreement”) is made and entered into by and between Sandy Sedlick and Joseph Sedlick, and the City of Redlands, Yessenia Blevens, Tyler Frisch, Tyler Simonsen, and Isaac Spiegel (hereinafter “Redlands Defendants”). Sandy Sedlick and Joseph Sedlick and the Redlands Defendants are sometimes referred to collectively at times herein as the “Parties,” or individually as “Party.”

RECITALS
A. Sandy Sedlick and Joseph Sedlick filed a lawsuit against the Redlands Defendants alleging four claims for relief for (1) Fourth Amendment—Detention and Arrest (42 U.S.C. § 1983); (2) Fourth Amendment—Excessive Force (42 U.S.C. § 1983); (3) Fourth Amendment— Denial of Medical Care (42 U.S.C. § 1983); (4) Substantive Due Process (42 U.S.C. § 1983); (5) Municipal Liability—Ratification (42 U.S.C. § 1983); (6) Municipal Liability—Inadequate Training (42 U.S.C. § 1983); (7) Municipal Liability— Unconstitutional Custom, Practice, or Policy (42 U.S.C. § 1983); (8) Battery (Wrongful Death); (9) Negligence (Wrongful death); (10) Violation of Cal. Civil Code §52.1; (11) Intentional Infliction of Emotional Distress; and (12) Negligent Infliction of Emotional Distress arising out of an officer-involved shooting in a case entitled Sedlick v. City of Redlands et al. (United States District Court Case No. 5:23-cv-00457- JGB (SPx) (the “Dispute”);
B. Both Parties desire to resolve the Dispute due to the uncertainties of litigation, and therefore to settle fully and finalize all differences between them arising from the Dispute; C. The Parties intend, by this Agreement, to settle any and all claims in connection with the Dispute, and the events giving rise therein, whether alleged or unalleged, for the total sum of One Million Dollars ($1,000,000);
D. This Agreement does not constitute an admission of any liability or wrongdoing whatsoever on the part of any of any of the Parties hereto.

AGREEMENT AND RELEASE
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Payment. Payment is contingent upon execution of this Agreement. Within fourteen (14) business days of receipt of the executed Agreement, the City of Redlands shall make full and final payment as follows:
(a.) The sum of $1,000,000 to Plaintiffs, Sandy Sedlick and Joseph Sedlick made payable to Sandy Sedlick and Joseph Sedlick’s counsel of record as follows:
“The Sehat Law Firm – Attorney Client Trust Account, Sandy Sedlick and Joseph Sedlick". The check shall be mailed to 5100 Campus Drive, Suite 200 Newport Beach, CA 92660.

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2 2. Dismissals. Upon receipt of the agreed upon settlement payment, counsel for Sandy Sedlick and Joseph Sedlick will execute a stipulation for dismissal, with prejudice, of the Dispute, and in no event later than five (5) business days after receipt of payment , upon counsel for the Redlands Defendants at 3777 N. Harbor Boulevard, Fullerton, CA 92835.

3. Notice. All notices to be given pursuant to this Agreement, shall be in writing and shall be delivered to the following addresses, or such other addresses as the parties may later designate in writing:

If to Sandy and Joseph Sedlick: THE SEHAT LAW FIRM 5100 Campus Drive., Suite 200 Newport Beach, CA 92660. Such notice shall also be emailed to [email protected].

If to the Redlands Defendants : Jones & Mayer and mailed to 3777 N. Harbor Blvd.

Fullerton, CA 92835. Such notice shall also be emailed to [email protected].

4. Release by Sandy Sedlick and Joseph Sedlick. Sandy Sedlick and Joseph Sedlick, individually, and on behalf of themselves, their respective successors, assigns, principals, agents, employees, consultants, representatives, attorneys, bonding companies and insurers release and forever discharge the Redlands Defendants , as well as its respective successors, assigns, principals, agents, employees, elected officials, consultants, representatives, attorneys, bonding companies and insurers from any and all liability in connection with all claims, damages, attorney’s fees, costs and allegations arising from or in any way related to the Dispute , whether made or unmade, asserted or unasserted, state d or unstated or that could have been stated, and of any kind whatsoever.

5. Release by the Redlands Defendants. The Redlands Defendants and their respective successors, assigns, principals, agents, employees, consultants, representatives, attorneys, bonding companies and insurers release and forever discharge Sandy Sedlick and Joseph Sedlick individually and each of his respective successors, assigns, principals, agents, employees, consultants, representatives, attorneys, bonding companies and insurers from all liability in connection with all claims, damages, attorney’s fees, costs and allegations arising from or in any way related to the Dispute, whether made or unmade, asserted or unasserted, state or unstated or that could have been stated, and of any kind whatsoever.

6. No Liens : Sandy Sedlick and Joseph Sedlick represents and acknowledge s that there have been no attorney, medical, or other liens that have been served or filed to date i n connection with the Dispute . Sandy Sedlick and Joseph Sedlick agrees that they shall be solely responsible for any and all liability associated with any such liens.

7. Civil Code 1542 Release . The Parties are aware of all rights that may be granted to them pursuant to Civil Code Section 1542, which section reads, in pertinent part, as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO

CLAIMS WHICH THE CREDITOR DOES NOT KNOW TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY
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3 HIM OR HER MUST HAVE MATERIALLY AFFECTED
HIS OR HER SETTLEMENT WITH THE DEBTOR.”
The Parties nevertheless waive all rights granted to them by Section 1542, and any similar statute, code, law or regulation of any state of the United States, or of the United States, and assumes all risks for claims arising in the Dispute, heretofore or hereafter arising, known or unknown, from the subject matters of this release. Furthermore, the Parties agree that the facts on which the release under which this Agreement is based, may turn out to be different from the facts now known or believed to be true in respect to the matters referred to above. Nevertheless, the Parties accept and assume the risk that such facts may turn out to be different and agrees that the terms of the release in this Agreement shall in all respects be effective and not subject to termination, rescission, modification by an such difference in the facts.

8. No Admission of Liability. The Parties understand and agree that this Agreement is not to be construed as an admission of liability whatsoever on the part of the Redlands Defendants or any City employee, and that this Agreement is made solely for the purpose of avoiding the burden that would be imposed upon the Parties by further litigating the Dispute.

9. No Assignment. The Parties, and each of them, represent and warrant that they have not assigned or transferred, or purported to assign or transfer, and shall not hereafter assign or transfer, any obligations, liabilities, demands, claims, costs, expenses, debts, controversies, damages, actions, and causes of actions released under this Agreement.

10. Consultation With Attorney. Each Party declares that prior to the execution of this Agreement, he/she/it has consulted with his/her/its attorney in order that he/she/it may intelligently exercise his/hers/its own judgment in deciding whether to execute this Agreement.

11. Authority to Execute Agreement. Each Party declares that he/she/it has read this Agreement and understands and knows the contents thereof, and represents and warrants that each of the Parties executing this Agreement is empowered to do so and hereby binds the respective Party, and all of its successors, assigns, principles, agents, employees, consultants, representatives, attorneys, bonding companies and insurers to the terms hereunder.

12. Counterparts. This Agreement may be executed in counterparts, and all so executed shall constitute an agreement binding on the Parties hereto. The Parties further agree that a facsimile and/or scanned copy of the executed counterparts shall have the same force and effect as an original.

13. Enforcing Agreement. This Agreement shall in all respects be interpreted, enforced and governed under the laws of the United States or the State of California, as applicable, and this Agreement is fully enforceable pursuant to California Code of Civil Procedure section 664.6, or its federal counterpart.

14. Jurisdiction and Venue. This Agreement is intended to be construed pursuant to the laws of the State of California. Each Party hereto agrees that the proper venue for any action arising out of the breach or the interpretation of this Agreement or other documents delivered pursuant to any provision thereof, shall be the United States District Court, Central District of the State of California.

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4 15. Entire Agreement. This Agreement constitutes the entire understanding between and among the Parties hereto. Each Party acknowledges that no Party, agent or representative of the other Party has made any promise, representation or warranty, express or implied, not expressly contained in this Agreement, that induced the other Party to sign this document. Both Parties agree that this Agreement shall not be amended or modified, except in writing signed by each Party, and shall not be construed against any Party because that Party's representative drafted the Agreement or any portion of it.

16. Additional Acts. The Parties agree to perform such further acts and to execute and deliver such further documents as may be reasonably necessary or appropriate to carry out this Agreement.

17. No Other Promise or Warranty. No promise or warranty shall be binding on any Party except as expressly contained in this Agreement.

18. Not Binding on Any Third Party. This Agreement is not for the benefit of any person or party who is not a signatory hereto or specifically named or referred to herein.

19. If Any Provision Is Void. If any provision of this Agreement shall be determined to be invalid, void or illegal, such provision shall be construed and amended in a manner which would permit its enforcement, but in no event shall such provision affect, impair or invalidate any other provision hereof.

20. Agreement Binding on Successors. It is agreed that this Agreement, together with the releases, shall be binding upon and inure to the benefit of the heirs, executors, administrators, personal representatives, successors in interest and assigns of the respective Parties hereto.

21. Attorneys’ Fees. The Parties shall each bear their own attorney’s fees and costs incurred in litigation of the Dispute. However, should either Party initiate any action at law or in equity to enforce or interpret the terms of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and costs.

22. Gender and Number. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires.

23. Effective Date. This Agreement shall be effective as of the last date set forth below.

WHEREFORE, the undersigned having read the foregoing Settlement and Release Agreement, and fully understanding it, and agreeing to its terms, hereby execute this Agreement and make it effective on the date of the last signature hereto.

DATED: September ___, 2024 CITY OF REDLANDS
By: _______ __________
CHARLES M. DUGGAN
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City Manager, City of Redlands
DA TED: October I 2024 SANDY SEDLJCK
san4, Sedlick
IO c0lAl1Sl•Va£11..GkbOKPeL1jl
DA TED: October I 2024 JOSEPH SEDUCK
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APPROVED AS TO FORM AND CONTENT:

DATED:

DA TED:

THE SEHAT LAW FIRM PLC
By:
fs SANDY SEDLTCK and

JONES & MA YER
By:-------------­
5 Denise Lynch Rocawich, Esq.

James R. Touchstone, Esq.

Attorney for Defendants, CITY OF

REDLANDS, YESSENIA BLEVENS,
TYLER FRJSC!-1, TYLER SIMONSEN, and
ISAAC SPrEGEL
October 1, 2024
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eSignature Details
Signer ID:

Signed by:

Sent to email:

IP Address:

Signed at:
42KG6rFdM61T3vgr4y95G3Ao
Joey Sedlick
[email protected]
174.243.245.98
Oct 1 2024, 8:01 am PDT
Signer ID:

Signed by:

Sent to email:

IP Address:

Signed at:
cGM3zSLxVsE1kGkbQKPeL7j2
Sandy Sedlick
[email protected]

76.86.80.161
Oct 1 2024, 10:43 am PDT
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City Council Meeting I. 5.

DATE: 10/15/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the agreement with Decor IQ, LLC for holiday decor and installation services for the downtown area in an amount not-to-exceed $180,186 and determine that the approval of the agreement is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
MOTION(S):

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

I move that City Council determine approval of the agreement is exempt from environmental review pursuant to Section 15301(c) of the State’s guidelines implementing the California Environmental Quality Act;

1. I move that the City Council approve an agreement with Decor IQ, LLC for holiday decor and installation services for the downtown area.

2. RECOMMENDATION:

Staff recommends that the City Council approve an agreement with Decor IQ, LLC (Decor IQ) for holiday decor and installation services for the downtown area in an amount not-to-exceed $180,186. Staff further recommends that approval of the agreement is exempt from environmental review pursuant to Section 15301(c) of the State’s guidelines implementing the California Environmental Quality Act.

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DISCUSSION:

The City of Redlands has a well-established tradition of decorating the Historic Downtown area with festive holiday décor, contributing to the vibrancy and charm of the community during the holiday season. The decorations are primarily concentrated at Ed Hales Park and along East State Street, extending from Orange Street to Redlands Boulevard.

In 2018, City staff sought to elevate the holiday atmosphere by implementing several key enhancements. These improvements included more elaborate, illuminated garlands wrapped around each light pole, the installation of a larger, commercial-grade Christmas tree featuring a synchronized music and light show that cycled multiple times daily, and string lights adorning the trunks of the iconic Ficus trees lining East State Street. To officially unveil these decorations, the City hosted a Tree Lighting Event. This event served as a valuable opportunity for City officials to engage with the community while providing a memorable experience that included live music, complimentary hot cocoa, a bounce house, face painting, craft activities, and photo opportunities with Santa Claus seated in an authentic sleigh. The highlight of the event involved the Mayor ceremonially flipping an oversized switch, illuminating the entire six-block stretch of East State Street, along with the Christmas tree and additional features in Ed Hales Park, creating a captivating holiday display.

For the upcoming 2024 holiday season, City staff plans to continue this tradition by lighting up the downtown area once again with seasonal decorations and the replacement and upgrade of the string lights on the Ficus trees throughout the downtown area. To ensure the highest quality of holiday decor and installation services, a formal Request for Proposal (RFP) process was initiated in accordance with the City's procurement policies. The RFP for the holiday décor and installation services was advertised on August 1, 2024, resulting in the receipt of four proposals by August 19, 2024.

These proposals were evaluated by a selection committee based on key criteria such as experience, proposed design, cost-effectiveness, and the contractor's ability to deliver on the City's vision for the holiday display. Following this comprehensive review process, Decor IQ was identified as the most qualified proposer. Below is a summary of the proposals received:

Bidder Name
St. Nick's Christmas Lighting & Decor
LA Christmas Light Installers
Southern California Lighting Inc., DBA The Christmas Kings Decor IQ
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With the selection of Decor IQ, City staff is confident that the 2024 holiday season will once again bring joy and festive spirit to residents and visitors alike, ensuring that Redlands continues to shine as a holiday destination in Southern California. Furthermore, the approval of the agreement is categorically exempt from environmental review in accordance with Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act as this project is within the City’s street rights-of-way and involves negligible or no expansion of use beyond what is existing.

ALTERNATIVES:

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

STRATEGIC PLAN:

N/A
SUBMITTED BY:

Tabitha Crocker, Director Facilities and Community Services RECOMMENDED BY:

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

Albert Maldonado, Special Counsel
Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Erik Reeves, Field Services Superintendent
Fiscal Impact
Fiscal Year: FY 2024-25
Revenue Generating: N
Appropriation Required Y/N: N
Amount: $180,186
Budgeted Y/N: Y
Account No.: 236300,101302,101303, 101304, 101309
Discussion:

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Funding for the downtown holiday lighting and decorations are in the operating budget for FY 24-25 as approved by the City Council.

The funding breakdown is as follows; 236300- $15,000.00; 101302- $15,000.00; 101303- $120,000.00; 101304- $10,186.00; 101309- $20,000.00.

Attachments
Non-Professional Agreement
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AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES

This agreement for the provision of holiday lighting and decoration installation (“Agreement”) is made and entered in this 15th day of October, 2024 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Decor IQ , LLC, a Texas 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 holiday lighting and decoration installations 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 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 Services shall commence immediately after the Effective Date of this Agreement.

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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4.2 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 Compensation: Total compensation for Contractor’s performance of the Services shall not exceed the amount of One Hundred Eighty Thousand One Hundred Eighty Six Dollars ($180,186.00) City shall pay Contractor on a time and materials basis up to the not to exceed amount in accordance with Exhibit “ B,” titled “Fee Schedule,” which is attached hereto and incorporated herein by this reference.

5.2 Contractor shall submit an invoice to City upon completion of the Services. 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 Stacey Jordan, Vice President of Sales
City of Redlands Decor IQ, LLC
35 Cajon Street 14241 commerce St
P.O. Box 3005 (mailing) Garden Grove, CA 92843
Redlands, CA 92373 [email protected]
[email protected] 714-727-8935
(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.

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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:

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; Redlands Regular Meeting of 10-15-24
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(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 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 Redlands Regular Meeting of 10-15-24
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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.

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

CITY OF REDLANDS DECOR IQ, LLC

By: ___________________________ By: ______________________________ Eddie Tejeda, Mayor Stacey Jordan, Vice President of Sales

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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EXHIBIT "A"

SCOPE OF SERVICES

Holiday Decoration and Lighting
Task Description Description Details
Task 1
Install warm
white LED on
trees
Install and program warm white LED lights on downtown and surrounding area trees per Scope of Work map.

Task 2
Inspection &
Maintenance of
LED tree lights Onsite inspections performed monthly (1x a month).

Task 3
Christmas Tree
& Downtown
Decorations
Install and program 30 ft RGB tree with sound and show, 3ft tree topper.

Provide removal of tree after event. Install lighting, decorated garland, 60' LED decorated wreaths, (15) 24" starbursts Sisters Clock lighting around clock and poles. Provide removal of decoration after event.

Task 4
Citrus Center
Exterior
decoration Install, test, and program Candy cane walk through arch.

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EXHIBIT "B"

FEE SCHEDULE

TASK DESCRIPTION Décor IQ - Fee Schedule
Task 1 - Install warm LED lights $46,700.00
Task 2 - Inspect & Maintain LED lights & Seasonal décor $6,808.00 Task 3 - Christmas tree & DT holiday décor $120,778.00
Task 4 - Citrus Center $5,900.00
TOTALS: $180,186.00
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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.

DECOR IQ, LLC

By: Date: ___________________
Stacey Jordan, Vice President of Sales

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City Council Meeting I. 6.

DATE: 10/15/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve an Agreement with Babcock Laboratories, Inc. for laboratory testing and analysis for the California Street Landfill for an amount not-to-exceed $52,836 and determine that approval of this agreement is exempt from environmental review pursuant to Section 15061 (b)(3) of the State’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
MOTION(S):

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

I move that City Council determine that approval of this agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act; and

1. I move to approve an agreement with Babcock Laboratories, Inc. for laboratory testing and analysis for the California Street Landfill for an amount not-to-exceed $52,836.

2. RECOMMENDATION:

Staff recommends City Council approve an agreement with Babcock Laboratories, Inc. for laboratory testing and analysis for the California Street Landfill for an amount not-to-exceed $52,836. In addition, staff recommends that the City Council determine that approval of this agreement is exempt from environmental review pursuant to Section 15061 (b)(3) of the State’s guidelines implementing the California Environmental Quality Act.

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DISCUSSION:

The Facilities and Community Services Department, Solid Waste Division, operates a landfill located on Nevada Street, adjacent to the Santa Ana River Wash. The City of Redlands California Street Landfill (CSL) is utilized exclusively for refuse collected within the city limits and is not open to the public.

The City maintains overall responsibility for landfill administration, engineering, design, construction, operations, and environmental monitoring. The day-to-day operations of the site are currently conducted by the Solid Waste Division. The CSL is an active Class III landfill and is regulated by a variety of state entities that permit and monitor the operation of the site.

Babcock Laboratories, Inc., will play a lead role in assuring compliance with laboratory analytical methods sufficient for meeting the site-specific monitoring requirements for the CSL. These methods are in accordance with the California Regional Water Quality Control Board-Santa Ana Region (RWQCB), Waste Discharge Requirements (WDRs), and Monitoring and Reporting Program (M&RP) in compliance with California Code of Regulations (CCR). Per the Joint Technical Document and the regulatory orders listed, the City is required to monitor, sample, and analyze groundwater, soil-pore gas, condensate and leachate on a quarterly basis at the CSL under the Detection Monitoring Program described in the M&RP.

Per the City's procurement policy, a Request for Bids (RFB) was issued for these services. Twelve vendors were solicited and on June 13, 2024, the City Clerk received and opened one bid from Babcock Laboratories, Inc. Staff evaluated the bid for conformance with the purchasing ordinance and verified the total price. Babcock Laboratories, Inc., met all the bidding requirements and were deemed qualified based on their demonstrated competence and qualifications. Therefore, staff is recommending that the City Council approve an agreement with Babcock Laboratories, Inc., in an amount-not-to exceed $52,836.

Furthermore, approval of the agreement with Babcock Laboratories, Inc. is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act (CEQA) as activity will not have a significant effect on the environment.

ALTERNATIVES:

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

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STRATEGIC PLAN:

Supports Priority D - Sustainability.

SUBMITTED BY:

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

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

Albert Maldonado, Special Counsel
Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:

Nathalie Ayala, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2024-25
Revenue Generating: No
Appropriation Required Y/N: N
Amount: $52,836
Budgeted Y/N: Y
Account No.: 511900
Discussion:

Sufficient funding for the purchase order is included in the Solid Waste Division's (511900) budget for Fiscal Year 2024-25 as approved by City Council.

Attachments
A. Agreement
B. City Clerk's Bid Report
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AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This agreement for the provision of laboratory testing and analysis for the California Street Landfill (“Agreement”) is made and entered in this 15th day of October, 2024 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Babcock Laboratories, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONSULTANT

1.1 City hereby engages Consultant to provide laboratory testing and analysis 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 regulations in the performance of this A greement including, but not limited to , any applicable State prevailing wage laws.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City designates 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 October 9th, 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 Consultant at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term.

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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 Seventeen Thousand Six Hundred Twelve Dollars ($17,612) 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 Seventeen Thousand Six Hundred Twelve Dollars ($17,612) for the first Extended Term and Seventeen Thousand Six Hundred Twelve Dollars ($17,612) for the second Extended Term, bringing the total possible amount of compensation to a not -to-exceed amount of Fifty-Two Thousand Eight Hundred Thirty-Six Dollars ($52,836). For the Initial Term and each Extended Term, City shall pay Consultant on a time and materials basis up to the to not-to-exceed amount in accordance with the rates specified in Exhibit “ B,” titled “Price Sheet,” 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) 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: CONSULTANT:

City Clerk Tiffany Gomez, CEO
City of Redlands Babcock Laboratories, Inc.
35 Cajon Street P.O. Box 432
P.O. Box 3005 (mailing) Riverside, CA 92502-0432
Redlands, CA 92373 [email protected]
[email protected] Phone: (951) 653-3351 Ext. 134 Phone: (909) 798-7531

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

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

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

6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property Redlands Regular Meeting of 10-15-24
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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.

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 Redlands Regular Meeting of 10-15-24
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5 I:\cmo\Agreements\Babcock Laboratories, Inc. Professional Services Agreement FY24-0036.docx-ms 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 litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

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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 BABCOCK LABORATORIES, INC.

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Tiffany Gomez, CEO

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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7 I:\cmo\Agreements\Babcock Laboratories, Inc. Professional Services Agreement FY24-0036.docx-ms EXHIBIT "A"

SCOPE OF SERVICES

Consultant shall provide testing services and laboratory analytical methods sufficient for meeting the site specific monitoring requirements for the California Street Landfill in accordance with California Regional Water Quality Control Board- Santa Ana Region (RWQCB) Waste Discharge Requirements (WDRs) and Monitoring and Reporting Program (M&RP) Order No. R8 -2004- 0008, including amendments stipulated in Order No. R8 -2008-0094, and in compliance with Article 1, Subchapter 3, Chapter 3, Division 2, Title 27, California Code of Regulations (CCR).

For the California Street Landfill Joint Technical Document, and the regulatory orders listed above, the City is required to monitor, sample and analyze groundwater, soil-pore gas, condensate and leachate on a quarterly basis at the CSL under the Detection Monitoring Program described in the M&RP No. R8-2004-0008.

The Laboratory shall comply with all applicable Federal, State and local laws during the performance of these specifications according to the most recent version of Standard United States Environmental Protection Agency (USEPA) Methods.

The Consultant must possess the skills, licenses and professional expertise necessary to provide the analyses services to the City at a level of competency presently maintained by other practicing laboratories in the industry who provide like and similar types of services.

Consultant to hold and maintain the following certification:

ELAP qualified lab for California State Program.

Ninety-Five percent of all analyses to be conducted in-house without subcontracting.

Consultant to meet quality control guidelines in compliance with the following:

NELAP-Approved Quality Assurance Manual.

Code of Ethics Policy.

Consultant Capability
Accreditation – laboratory licensed to perform testing.

Audit – most recent 3rd party audit report of quality systems (required as part of accreditation).

PT Results – most recent 3rd party proficiency test results (required as part of accreditation).

QA Manual – table of contents will illustrate depth of policies and procedures.

SOPs – laboratory procedures for analysis according to approved test methods.

MAL’s – method acceptance limits for each analytical method to illustrate precision and accuracy.

Instrumentation – documentation of laboratory’s investments in and commitment to technological advancements.

Customer Service
Consultant’s testing facility shall be located within 60 miles of 1950 Nevada Street, Redlands, CA 92373.

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8 I:\cmo\Agreements\Babcock Laboratories, Inc. Professional Services Agreement FY24-0036.docx-ms Consultant shall be available for deliveries and pick-ups five days per week using Consultant’s own staff (not 3rd party staff).

Program Management
Order Login & Acknowledgement – Consultant shall maintain a method for organizing work orders and communicating with the City on any issues at the outset

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9 I:\cmo\Agreements\Babcock Laboratories, Inc. Professional Services Agreement FY24-0036.docx-ms EXHIBIT "B"

PRICE SHEET

LEACHATE
ITEM
NO. CONSTITUENT TEST METHOD UNIT PRICE
1 Appendix II Constituents 8260B/8270/Various $1,375.00 2 Total Hardness EPA 6010 Included in Ca & Mg Cost
3 Bicarbonate 310.1 Included in Total Alkalinity
4 Carbonate 310.1 Included in Total Alkalinity
5 Total Alkalinity SM 2320B $12.00
6 Total Cations *See Notes no add’l charge
7 Total Anions *See Notes no add’l charge
8 Hydroxide *See Notes Included in Total Alkalinity
9 Chloride EPA 300.0 $11.00
10 Floride EPA 300.0 $11.00
11 Nitrate (as N) EPA 300.0 $11.00
12 Sulfate EPA 300.0 $11.00
13 Phosphate 365.2 $20.00
14 Total Phosphorus 365.1/365.2 $25.00
15 Boron 212.3/200.7 $11.00
16 Specific Conductance SM2510 B $11.00
17 pH SM4500 H+B $11.00
18 Total Dissolved Solids SM 2540C $13.00
19 Chemical Oxygen Demand 410.4 $26.00
20 Phenols 420.1 $35.00
21 Total Organic Carbon SM 5310B $32.00
22 Total Organic Halogens 450.1 $250.00
23 Calcium 200.7/215 $11.00
24 Magnesium 200.7/241.1 $11.00
25 Manganese 200.7/243.1 $11.00
26 Potassium 200.7/258.1 $11.00
27 Sodium 200.7/273.1 $11.00
28 Iron 200.7/236.1 $11.00
29 Zinc 200.7/289.1 $11.00

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CONDENSATE
ITEM
NO. CONSTITUENT TEST METHOD UNIT PRICE
30 Appendix II Constituents 8260B/8270/Various $1,375.00 31 Total Hardness EPA 6010 Included in Ca & Mg Cost
32 Bicarbonate 310.1 Included in Total Alkalinity
33 Carbonate 310.1 Included in Total Alkalinity
34 Total Alkalinity SM 2320B $12.00
35 Total Cations *See Notes no add’l charge
36 Total Anions *See Notes no add’l charge
37 Hydroxide *See Notes Included in Total Alkalinity
38 Chloride EPA 300.0 $11.00
39 Floride EPA 300.0 $11.00
40 Nitrate (as N) EPA 300.0 $11.00
41 Sulfate EPA 300.0 $11.00
42 Phosphate 365.2 $20.00
43 Total Phosphorus 365.1/365.2 $25.00
44 Boron 212.3/200.7 $11.00
45 Specific Conductance SM2510 B $11.00
46 pH SM4500 H+B $11.00
47 Total Dissolved Solids SM 2540C $13.00
48 Chemical Oxygen Demand 410.4 $26.00
49 Phenols 420.1 $35.00
50 Total Organic Carbon SM 5310B $32.00
51 Total Organic Halogens 450.1 $250.00
52 Calcium 200.7/215 $11.00
53 Magnesium 200.7/241.1 $11.00
54 Manganese 200.7/243.1 $11.00
55 Potassium 200.7/258.1 $11.00
56 Sodium 200.7/273.1 $11.00
57 Iron 200.7/236.1 $11.00
58 Zinc 200.7/289.1 $11.00
*Two leachate sumps sampled annually in October. A retest sample is collected the following April and analyzed for only first-time detections from the October event. Total Cations and Anions are determined by the summation of all Cations and Anions, respectively, in the sample analyzed. The standard method, SM 2330B, in the “Standard Methods for the Examination of Water and Wastewater” for hydroxide ion analysis shall be used.

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11 I:\cmo\Agreements\Babcock Laboratories, Inc. Professional Services Agreement FY24-0036.docx-ms GROUNDWATER:

ITEM
NO. CONSTITUENT TEST
METHOD
METHOD

DESCRIPTION

UNIT PRICE
59 pH SM 4500 H+B Electrometric $11.00
60 Total Dissolved
Solids SM 2540 C Gravimetric $13.00
61 Chloride EPA 300.0 Ion Chromatography $11.00
62 Sulfate EPA 300.0 Ion Chromatography $11.00
63 Nitrate (as N) EPA 300.0 Ion Chromatography $11.00
64 Bicarbonate 310.1 Titrimetric Included in Ca
& Mg Cost
65 Carbonate 310.1 Titrimetric Included in
Total Alkalinity
66 Chemical Oxygen
Demand 410.4 Colorimetric $26.00
67 Hydroxide SM 2330B Standard Methods Included in
Total Alkalinity
68 Total Alkalinity SM2320B $12.00
69 Perchlorate EPA 314.0 $32.00
70 47 Appendix I
VOCs 8260B Purge and Trap GC/MS $150.00
71 EDB, DBCP EPA 504 $53.00

SURFACE WATER:

ITEM
NO. CONSTITUENT TEST
METHOD
METHOD

DESCRIPTION

UNIT PRICE
72 pH SM 4500 H+B Electrometric $11.00
73 Total Dissolved
Solids SM 2540 C Gravimetric $13.00
74 Chloride EPA 300.0 Ion Chromatography $11.00
75 Sulfate EPA 300.0 Ion Chromatography $11.00
76 Nitrate (as N) EPA 300.0 Ion Chromatography $11.00
77 Bicarbonate 310.1 Titrimetric Included in Total
Alkalinity
78 Carbonate 310.1 Titrimetric Included in Total
Alkalinity
79 Chemical Oxygen
Demand 410.4 Colorimetric $26.00
80 Hydroxide SM 2330B Standard Methods Included in Total Alkalinity
81 Total Alkalinity SM2320B $12.00
82 47 Appendix I
VOCs 8260B Purge and Trap GC/MS $150.00
83 EDB, DBCP EPA 504 $53.00

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12 I:\cmo\Agreements\Babcock Laboratories, Inc. Professional Services Agreement FY24-0036.docx-ms EXHIBIT "C"

WORKERS’ COMPENSATION INSURANCE CERTIFICATION

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

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

CHECK ONE

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

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

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

BABCOCK LABORATORIES, INC.

By: Date: ___________________
Tiffany Gomez, CEO

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City Council Meeting I. 7.

DATE: 10/15/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the request to hold The Redlands Turkey Trot event hosted by Phoenix Hope International on November 28, 2024, within Sylvan Park and the surrounding area; authorize street closures related to the event; approve a request for in-kind support in the amount of $14,536 related to the event and determine that the approval of the request is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
MOTION(S):

If the City Council determines that the recommendations are appropriate, the following motions are provided:

I move that the City Council determine that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the State’s guidelines implementing the California Environmental Quality Act; and

1. I move to approve a request for in-kind support for the amount of $14,536.00 related to this event; and

2. I move to approve the temporary street closure related to the event.3.

RECOMMENDATION:

Staff recommends that City Council approve the temporary street closure of Colton Ave between Division Street and Grove St, Division St. between E Colton St. and Park Ave, E Park Ave. between Division Street and University Street, N University Street between E Park Ave and Cornell Ave, Sylvan Blvd between N University St. and N Grove St., N Grove St between Sylvan Blvd and E Brockton Ave, E Brockton Ave, between N Grove St, and N University St, on November 28, 2024 for the Annual Turkey Trot Event.

Staff further recommends that the City Council determine that approval of the request is exempt from environmental review pursuant to Section 15311 of the Redlands Regular Meeting of 10-15-24
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state’s guidelines implementing the California Environmental Quality Act (CEQA).

DISCUSSION:

The Facilities and Community Services Department manages the administration and issuance of permits for special events held in public areas of the city. Upon the issuance of a special event permit, the event may take place contingent on the event organizer paying the required fees. The City recognizes the value of partnering with non-profit agencies and organizations to provide services beneficial to the community. In an effort to support programs that provide a community benefit, the City Council will, from time to time, consider the authorization of in-kind support including the use of city equipment, staff, and facilities for special events.

Phoenix Hope International is requesting in-kind support in the amount of $14,536.00 and temporary closure of Colton Ave between Division Street and Grove St, Division St. between E Colton St. and Park Ave, E Park Ave. between Division Street and University Street, N University Street between E Park Ave and Cornell Ave, Sylvan Blvd between N University St and N Grove St, N Grove St between Sylvan Blvd and E Brockton Ave, E Brockton Ave, between N Grove St, and N University St, from the hours of 5:30 a.m to 11:30 a.m. The City Council approved the same event during fiscal year 2023-2024 with an in-kind support request in the amount of $12,649.00.

Phoenix Hope International is a non-profit organization operating out of the City of Mesa, Arizona. According to the submitted application, this will be the 10th year Phoenix Hope International has partnered with the City of Redlands for this event. In celebration of the 10th Annual Redlands Turkey Trot, Phoenix Hope International is partnering with Inland Harvest in hopes of collecting 10,000 lbs of food. All canned goods donated will go to local non-profit agencies that provide food for needy populations and all proceeds from this year's event will benefit Redlands Schools and local charities.

The event is exempt from the requirements of the California Environmental Quality Act's guidelines pursuant to Section 15311(c). Section 15311(c), accessory structures Class 11 facilities, consists of construction, or replacement of minor structure accessory to existing commercial, industrial, or institutional facilities, including placement of seasonal or temporary use items such as mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks or other facilities designed for public use.

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ALTERNATIVES:

The City Council may elect to deny the request for in-kind support and the request for temporary street closure.

STRATEGIC PLAN:

Priority A - Quality of Life, Beautification, Arts and Culture.

SUBMITTED BY:

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

Charles M. Duggan Jr., City Manager

REVIEWED BY:

Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director

PREPARED BY:

Jaclyn Ramirez, Administrative Assistant II
Fiscal Impact
Fiscal Year: FY 2024/25
Revenue Generating: No
Appropriation Required Y/N: N
Amount: $14,536.00
Budgeted Y/N: N
Discussion:

Please see "Fiscal Impact" attachment for reference.

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Attachments
Special Event Packet
In-Kind Request
Event Maps
Event Flyer
Verification of Non-Profit
Street Closure
Fiscal Impact
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SPECIAL

EVENTS PERMIT APPLICATION
EVENT:___________________________
ORGANIZER:________________________
City of Redlands
35 Cajon Street, Ste. 222
Redlands, CA 92373
(909) 798-7655 ext 3 Date of Event:______/_______/______ Date Submitted: ___/_ _/_____

NOTICE TO PERMIT APPLICANT
 Completed Special Event Permit Applications must be submitted to the Facilities & Community Services Department a
minimum of five (5) months prior to the date the
event is scheduled to begin.
 All forms in this application package that are relevant to your event must be complete and submitted together in
order to be considered.
 Applicants must conform to all requirements for maintaining liability insurance.  Incomplete applications or applications s
ubmitted past the deadline are subject to denial
of request to hold event.

Redlands Turkey Trot
Phoenix Hope International
11 28
2024
8 14
2024
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STEP 1 –
Review Application Packet
The Special Events Application Packet has been designed to assist event organizers and will help with the development of event plans that comply with local codes, laws, policies and regulations governing activities associated with the production and management of special events. By applying to schedule a special event, you and your representatives agree you have the sole responsibility at all times to be knowledgeable about, fully understand, and to meet or exceed all local and state codes, laws, policies, and regulations associated with the proposed event and its related activities.

STEP 2
– Assess Venue
As an event organizer it is your responsibility to assess the venue, anticipated attendees, and event components of your proposed event prior to submitting the applications for the various permits. It is important to develop management strategies that ensure the safety of your guests, citizens, and the surrounding environment affected by your event.

STEP 3
– Submit Application
The City of Redlands requires permit applications to be submitted no later than ninety (90) days prior to the actual date of your event and allows applications to be submitted as early as one year before the event date. At the sole discretion of the City of Redlands, you may be authorized to submit written amendments to your initial permit application due to unique or changing circumstances related to the event. Amendments to your permit application must be submitted to the One Stop Permit Center no later than 14 days prior to your event.

All Applications Must Be Complete. The City of Redlands is not required to act upon an incomplete permit application. A permit application will not be approved or denied and you will not have requested venues reserved or held if you have not provided the required information. It is therefore important to provide all required information and documentation in a timely and complete manner.

For an application to be considered complete, applicants must submit the following minimum information required in sufficient detail that the material can be understood and assessed: (there is a checklist form on page 13 to aid in the process).
• Speci
al Events Permit Application with Site Plan
• Street Closure Permit with Route Map – if applicable
• Barricade Rental Form – if Street Closures requested
• Request to Serve Alcohol Permit form with Site Plan – if applicable • Submit all required Certificates of Liability Insurance STEP 4
– Review Process
After submitting your complete application and forms, your application will be reviewed by those departments involved with your requests in which fees and deposits will be determined.

Departments may place conditions on your event, for example, solid waste requirements or specific parking plans.

STEP 5
– Submit Fees and Finalize Details
Once a Special Event Packet has been reviewed and approved; fees are due. A Coordination Meeting will be scheduled approximately two weeks prior to the event consisting of the Event Organizer(s) and representatives from supporting departments to settle/confirm final details.

APPLICATION PROCESS
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Spe
cial Events Permit Application
Event Title:____________________________________________________________________________________ Des
cription:____________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ __________________________________________________________________ Date/
Time
Setup Date ____________________ Time ________________ Location(s) ____________________ Event Starts Date ____________________ Time ________________ Location(s) ____________________ Event Ends Date ____________________ Time ________________ Location(s) ____________________ Dismantle Date ____________________ Time ________________ Location(s) ____________________ *Submit a Site Plan for each venue listed
Anticipated Anticipated
Attendance: Total_______ Per Day _______ Participants: Total________ Per Day _______ CONTA
CTS Person(s) or Agent(s) responsible for and authorized to represent this event on all matters :

Pri mary Contact: Secondary Contact
Name: ________________________________ ______________________________________ Address: ________________________________ _ _____________________________________ City, State, Zip ________________________________ ______________________________________ Phone: ________________________________ ______________________________________ Email: ________________________________ ______________________________________ Name of
Organization: ______________________________________________ Is it Non-Profit? ____________ Tax I.D. #: ________________
Yes No
۝ ۝I
s this an annual event? How many years have you been holding this event? ____________ ۝ ۝Str
eet Closure(s) requested? If yes, please complete Street Closure Permit Application and Barricade Rental Form in Appendix A
۝ ۝Does t
his event involve a parade? Please complete Parade/Public Assemblies Permit Application form in Appendix A
۝ ۝Will you be serving alcohol? If yes, please complete both Alcohol Permit forms in Appendix A ۝ ۝Are
you requesting use of the Prospect Park Sign? If yes, please complete the Sign Request form in Appendix A
۝ ۝A re
you requesting use of the City Stage? If yes, please complete the Show Mobile Rental form in Appendix A
۝ ۝ Vendor
(s)? If yes please complete the Vendor List in Appendix A.

SUMMARY OF EVENT
Redlands Turkey Trot
Running race in Redlands on Thanksgiving morning. 5k distance for most participants and a 1K race for children under 12. All proceeds go to charitable organizations with 50% of proceeds going to Redlands schools and the Redlands Educational Partnership foundation. 11/27/2024
3 PM
Streets around University of Redlands
11/28/2024
7:30 a.m.

Streets near U of R
11/28/2024
10 a.m.

Streets near U of R
11/24/2024
10 -11 a.m.

Streets near U of R
3500
3000
3000
3500
Kent Sommer
Matt Sommer
625 Ranch Lane
14215 Bounty Way
Glendora, CA 91741
Poway, CA 92064
(714) 614-7321
(858) 888-0218
[email protected]
[email protected]
Phoenix Hope International
Yes
27-2612542
X
10 Years
X
X
XX
XX
X
X
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APPENDIX A
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SITE PLAN /ROUTE MAP
Your event site plan/route map should include but not be limited to:
❑ An outline of the entire event venue including the names of all streets or areas that are part of the venue and the surrounding area. If the event involves a moving route of any kind, indicate the direction of travel and all street or lane closures.
❑ The location of fencing, barriers and/or barricades. Indicate any removable fencing for emergency access. ❑ The provision of minimum twenty foot (20') emergency access lanes throughout the event venue. ❑ The location of first aid facilities and ambulances.
❑ The location of all stages, platforms, scaffolding, bleachers, grandstands, canopies, tents, portable toilets, booths, beer gardens, cooking areas, trash containers and dumpsters, and other temporary structures. ❑ A detail or close-up of the food booth and cooking area configuration including booth identification of all vendors cooking with flammable gases or barbecue grills ❑ Generator locations and/or source of electricity.
❑ Placement of vehicles and/or trailers.
❑ Exit locations for outdoor events that are fenced and/or locations within tents and tent structures. ❑ Identification of all event components that meet accessibility standards. ❑ A parking and/or shuttle plan for events that are likely to exceed parking lot capacity of the space you are using. ❑ Other related event components not listed above.

Please provide a narrative and timeline of your event. You may provide this information as an attachment if necessary.

HOUR ACTION

SITE PLAN

TIMELINE
See Traffic Plan Attachment
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YES
NO
❑ ❑ Have you hired a licensed professional security company to develop and manage your event’s security plan? If yes, you are required to provide a copy of the security company’s valid Private Patrol Operator’s License issued by the State of California.

Sec
urity Organization
Address Street
City State Zip
Telephone Day Evening Fax Pager/Cellular
Private Patrol Operator License #
Pl
ease describe your security plan including crowd control, internal security or venue safety, or attach the plan to this application.

An
y event that has physical activity or is a race and has above 50 people requires a medical plan.

YES NO
❑ ❑ Have you hired a licensed professional emergency medical services provider to develop and manage your event’s medical plan?
If
yes, please list:

Medical Services Provider
Address Street
City State Zip
Telephone Day Evening Fax Pager/Cellular
Please describe your medical plan including your communications plan, the number, certification levels (MD, RN, Paramedic, EMT) and types of resources that will be at your event and the manner in which they will be managed and deployed. Your plan should include hours of setup and dismantle of medical aid areas. You may attach the plan to this application if necessary.

SECURITY PLAN

MEDICAL PLAN
See Traffic Plan Attachment
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This checklist is intended to serve as a planning guideline and may not be inclusive of all City, County, State and Federal access requirements. You may attach more detailed information if necessary.

YES NO
❑ ❑ Will there be a Clear Path of Travel throughout your event venue? Please describe ❑ ❑ Have you developed a Disabled Parking and/or Transportation Plan (including the use of public trans- portation or shuttle services) for your event? Please describe ❑ ❑ Will a minimum of 10% of portable rest rooms at your event be accessible? Please describe ❑ ❑ Will all food, beverage and vending areas be accessible? Please describe ❑ ❑ Will all signage be provided in highly contrasting colors and placed so pedestrian flow will not obstruct its visibility? Please describe
❑ ❑ If telephones are provided, will at least one telephone at each phone bank have a volume control and is hearing aid compatible? Please describe
❑ ❑ If an information center is provided at your event will customer service representatives be available to assist disabled individuals? Please describe
❑ ❑ If all areas of your event venue cannot be made accessible will maps or programs be made available to show the location of accessible rest rooms, parking, phones (if any), drinking fountains, and first aid stations? Please describe
You are r
equired to provide portable rest room facilities at your event, unless you can substantiate the sufficient availability of both ADA accessible and non-accessible facilities in the immediate area of the event site which will be available to the public during your event. Indicate on your timeline when portable toilets will be set up.

Yes No
❑ ❑ Do you plan to provide portable rest room facilities at your event? If yes: Total number of portable toilets
If no: Please explain:

Rest Room C
ompany
Addres
s Street
City State Zip
Telephone Day Evening Fax Pager/Cellular

ACCESSIBILITY PLAN

RESTROOM FACILITIES PLAN
X
See traffic plan. Entire course is on city streets and accessible to all individuals.

X
Handicap parking available in all parking lots in and around Sylvan Park. No shuttle services.

X
Yes.

X
Food and beverage areas are located at the finish line and accessible to all X
Neon event tape used to direct runners and event participants and is unobstructed by pedestrians
XX
N/A
Individuals at info booth are able to assist
X
All areas are accessible
X
15 United Site Services
2323 W Baseline Road
San Bernardino
CA
92410
1-800-toilets
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SECURITY PLAN
Please provide a list of vendors, what they are there for and their business license numbers. Keep in mind that this list of vendors cannot change after the event has been approved. All must have a Redlands business license in order to participate with your event. If you need more entries, please attach a list with the same information to your event package. Vendors include all businesses either performing a service or selling at your event. All food concessioners must meet the San Bernardino Counties Department of Public Health Food Handler’s and Fire Suppression requirements.

Yes No
❑ ❑ Will items or services be sold at your event?
❑ ❑ Will you have some education only (not selling a product or service) booths? ❑ ❑ Will items or services sold at your event present unique liability issues (e.g. massage, etc.)? ❑ ❑ Does your event include food concession and/or preparation areas? ❑ ❑ Do you intend to cook food in the event area?
If yes, please specify method:
❑ Gas
❑ Electric
❑ Charcoal
❑ Other (specify)

VENDOR SERVICE THEY
ARE

PROVIDING

REDLANDS

BUSINESS

LICENSE
NUMBER

EDUCATIONAL

INFORMATION
ONLY? (Y/N)

LIST OF VENDORS
X
X
Phoenix Hope International
Redlands Educational Partnership
Yes
Yes
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YES
NO
❑ ❑ Are there any musical entertainment features related to your event? If yes, complete the following information or provide an attachment listing all bands/performers, type of music, sound check and performance schedule.

Number of Stages
Number of Performers/Bands
Performer/Band name and music type
❑ ❑ Will sound checks be conducted prior to the event?
If yes, Start time Finish time_____________________________ ❑ ❑ Will sound amplification be used?
If yes, Start time Finish time ______________________________ ❑ ❑ Do you plan to have a patron dance component to either live or recorded music at your event? If yes, please describe
❑ ❑ Please describe the sound equipment that will be used for your event ❑ ❑ Will inflatables, such as jumpers, or similar devices be used at your event? If yes, please describe
❑ ❑ Does your event include the use of fireworks, rockets, lasers, or other pyrotechnics? If
yes, please fill out a fireworks permit also located in this packet.

If yes, please describe
❑ ❑ Will your event include the use of any signs, banners, decorations, or special lighting? If yes, please describe
❑ ❑ Will there be massage activities at your event? If yes, please describe _ _______ ________________________________________________________________________ ❑ ❑ Do your event plans include any, drawings or raffle opportunities? If yes, please describe ____________________________________________________________

ENTERTAINMENT PLAN

CONCESSIONAIRES
X
7:30 a.m.
10 a.m.

X
Speaker system at start/finish line to announce start of race and finishers X
Start and finish line arch
X
Inflatable arch at start and finish line
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Please Note: You will need to have your alcohol permit approved by Redlands city council prior to your event. A copy of your Alcohol license will be needed after city council approval, before the event.

Yes No
❑ ❑ Does your event involve the use of alcoholic beverages? If yes, please check all that apply:
❑ Free/Host Alcohol
❑ Alcohol Sales
❑ Host and Sale Alcohol
❑ Beer
❑ Beer and Wine
❑ Beer, Wine and Distilled Spirits
Please describe your security plan to ensure the safe sale or distribution of alcohol at your event.

YES NO
❑ ❑ Have you met with the residents, businesses, places of worship, schools and other entities that may be directly impacted by your event? If yes, please attach a complete list of these entities.

If
no, please explain
❑ ❑ Do you have a sample of the notice that you propose to distribute two weeks prior to your event? If yes, please attach.

If no, please explain

ALCOHOL

MITIGATION OF IMPACT
X
X
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Yes
No
❑ ❑ Will this event be marketed, promoted, or advertised in any manner? If yes, please describe
❑ ❑ Will there by live media coverage during the event? If yes, please describe
❑ ❑ Will media vehicles be parked within the event venue? If yes, please describe safety plan
❑ ❑ Do you have a plan to control or limit the placement and/or distribution of promotional signage, stickers, and other items?
If
yes, please describe
Regardless of the event you are required to have insurance that indemnifies the city of Redlands listing the location date and time.

Name of Insurance Agency INSURANCE MANAGEMENT GROUP
Address Street
City State Zip
Telephone Day Evening Fax Pager/Cellular
Cont
act Name
Policy Type
Policy Amount
Policy Number

MARKETING AND PUBLIC RELATIONS

INSURANCE REQUIREMENTS

INSURANCE REQUIREMENTS
X
Online marketing through emails to past participants, flyers to children in schools, banners on street Unknown. None anticipated.

X
Any promotional signs will be at the start/finish line and will be removed at the end of the event.

No signs were used at past events.

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I ce
rtify that the i nformation contained in the foregoing application is true and correct to the best of my knowledge and belief that I have read, understand and agree to abide by the rules and regulations governing the proposed Special Event under the Redlands Municipal Code and I understand that this application is made subject to the rules and regulations established by the City Council and/or the City Manager or the City Manager’s designee. Applicant agrees to comply will all other requirements of the City, County, State, Federal Government, and any other applicable entity which may pertain to the use of the Event venue and the conduct of the Event. In the event that a possessory interest subject to property taxation is created by virtue of this use permit, I agree to pay all possessory interest taxes and the City shall not be lia ble for the payment of such taxes I further agree that the payment of any such taxes shall not reduce any consideration paid to the City pursuant to this use permit. I agree to abide by these rules, and further certify that I, on behalf of the Host Organization, am also authorized to commit that organization, and therefor e agree to be financially responsible for any costs and fees that may be incurred by or on behalf of the Event to the City of Redlands.

Print Name of Applicant/Host Organization
Titl
e
Signat
ure
Date 8/14/2024
Print Name of Professional Event Organizer
Titl
e
Signat
ure
Date

AFFIDAVIT OF APPLICANT
Kent Sommer/Phoenix Hope International
Board Member
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(SEA 10/00)
Thank you fo r completing you r Speci al Event Permit Application .

Before y
ou submit you r application to t he City of Redlands, p lea se make s ur e that the fo llowing steps have b een completed:

Have you ?
❑ Signed and dated your application?
❑ Attached your event site plan?
❑ Attached your event parking and shuttle plan?
❑ Attached your event security plan?
❑ Provided a copy of your security company’s Private Patrol Operator’s License? ❑ Attached your event medical plan?
❑ Attached a copy of your accessibility plan?
❑ Attached a complete entertainment list and schedule?
❑ Included letters of support or endorsement from impacted entities and community groups within your venue area?
❑ Provided samples of communications that will be distributed to impacted residents, businesses, schools, places of worship and other entities? ❑ Attached your Certificate of Insurance?
❑ Attached a copy of your IRS 501(C) tax exemption letter? ❑ Included any County, State, or Federal permits that may be required to hold your event in the selected venue?
❑ Applied for a Police Vice Permit, if applicable?
Submit your completed permit application to:

Spe
cial Events
35 Cajon St. Suite #15-A
Redlands, CA 92373
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NOVEMBER 28, 2024
KIDS 1K 7:30 AM • 5K 8:00 AM

START LINE AT BROCKTON AVENUE & UNIVERSITY STREET
redlandsturkeytrot.com
Scholarships available for school-aged children
thanksgiving day
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In anticipation of the City Council's consideration of this request, staff has compiled the following table outlining costs related to fees established by Resolution of the City Council and departmental charges pertaining to personnel and equipment resources necessary for the support of the event. The departmental charges are costs outside of normal City operations that would not be incurred by the City if the special event was not taking place.

Departmental Charges
(Personnel & Equipment)
2024/2025
Amount Type 2023/2024
Amount
Police Personnel1 $12,300.00 Hard Cost $11,130.00
Fire Personnel1 $0.00 Hard Cost $0.00
Facilities & Community Services Personnel1 $2,025.00 Hard Cost $1,125.00 Personnel & Equipment Subtotal $14,325.00 $12,255.00
Fees Established by City Council
Resolution

Park Reservation $211.00 Soft Cost $94.00
FCS Equipment $0.00 Soft Cost $300.00
Fire Equipment $0.00 Soft Cost $0.00
Fees Subtotal $211.00
Total Departmental Charges and Fees $211.00 $12,649.00

$ 14,325.00
$ 211.00
$ 14,536.00
$ 12,255.00
$ 394.00
$ 12,649.00
1Personnel costs are calculated conservatively assuming the highest staff cost scenario. Actual costs may vary on the day of the event based on the actual staff present. Actual costs will be confirmed following the event and will be included in a reconciliation report presented to the City Council.

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

TABLE 2: FY 2024-25 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
Waiver
Amount
Net
Amount
$83,525.50 $5,466.70 $0.00 $88,992.20 $88,992.20

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City Council Meeting I. 8.

DATE: 10/15/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the request for in-kind support in the amount of $20,703 relating to the Redlands Veterans Day Celebration event hosted by the Redlands Hometown Heroes Foundation on November 11, 2024; approve the request to close E. Citrus Ave., Eureka St., W.

State St., Center St., and Redlands Blvd. for the event; authorize the request for the sale and consumption of alcoholic beverages in Jennie Davis Park during the event; and determine that the approval of the request is exempt from environmental review pursuant to Section 15311 of the state’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
MOTION(S):

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

I move that the City Council determine that the approval of the event is exempt from the environmental review pursuant to Section 15311(c) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move to approve a request for in-kind support of $20,703 for this event; and

2. I move to authorize the temporary closure of Citrus Ave., Church St., Eureka St., State St., Center St., Redlands Blvd and New York St; and

3. I move to authorize the sale and consumption of alcoholic beverages during the Veterans Day Celebration.

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RECOMMENDATION:

Staff recommends that City Council determine that approval of the request for the Redlands Veterans Day Celebration event at Jennie Davis Park is exempt from environmental review pursuant to Section 15311 of the state’s guidelines implementing the California Environmental Quality Act (CEQA) and approve the temporary street closures of Citrus Ave., Church St., Eureka St., W State St., Center St., Redlands Blvd., and New York St. on November 11, 2024, with rolling street closures facilitated by Redlands Police Department from 7:00a.m to 12:00p.m. for the event. Additionally, staff recommends that the City Council direct staff accordingly regarding the request for in-kind support and further recommends that the City Council provide staff direction regarding the request for the sale and consumption of alcoholic beverages.

DISCUSSION:

The Facilities and Community Services Department manages the administration and issuance of permits for special events held in public areas of the city. Upon the issuance of a special event permit, the event may take place contingent on the event organizer paying the required fees. The City recognizes the value of partnering with non-profit agencies and organizations to provide services beneficial to the community. In an effort to provide support for programs that provide a community benefit, the City Council will, from time to time, consider the authorization of in-kind support including the use of city equipment, staff, and facilities for special events.

The Redlands Hometown Heroes Foundation (Foundation) has reserved Jennie Davis Park on Monday, November 11, 2024, for the Redlands Veterans Day Celebration event to be held from 7:00 a.m. to 4:00 p.m. The Foundation is also requesting approval of rolling street closures on E. Citrus Ave., Eureka St., W.

State St., Center St., and Redlands Blvd., and New York St for the parade as part of their event between the hours of 7:00 a.m. to 12:00 p.m.

Additionally, they are requesting in-kind support in the amount of $20,703 for departmental resources including Police Personnel, and the reservation of Jennie Davis Park. The Redlands Hometown Heroes Foundation is a non-profit organization operating out of Redlands, CA. The American Legion Post No.106 will be responsible for operating the proposed pouring station and for obtaining the Daily License to Serve Alcohol from the Office of Alcohol Beverage Control.

The American Legion Post No. 106 is requesting permission to serve beer and wine at the event that will end no later than 4:00 p.m. The City Council's approval is necessary to authorize the consumption of alcohol for this event due to its location. Staff's approval authority is limited to only enclosed public areas in Redlands Regular Meeting of 10-15-24
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public parks as defined by Resolution No. 7559 and therefore the granting of this request is outside city staff's purview.

The event is exempt from the requirements of the California Environmental Quality Act’s guidelines pursuant to Section 15311(c). Section 15311(c), accessory structures Class 11 consists of construction, or replacement of minor structure accessory to existing commercial, industrial, or institutional facilities, including placement of seasonal or temporary use items such as mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks or other facilities designed for public use.

ALTERNATIVES:

The City Council may elect to deny the in-kind support service request, deny the temporary street closure request, the sale and consumption of alcohol and direct staff accordingly.

STRATEGIC PLAN:

Priority A - Quality of Life, Beautification, Arts and Culture.

SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Department Director

RECOMMENDED BY:

Charles M. Duggan Jr., City Manager

REVIEWED BY:

Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director

PREPARED BY:

Jaclyn Ramirez, Administrative Assistant II

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Fiscal Impact
Fiscal Year: FY 2024/25
Revenue Generating: No
Appropriation Required Y/N: N
Amount: $20,703.00
Budgeted Y/N: N
Discussion:

Please see the "Fiscal Impact" attachment for reference.

Attachments
Special Event Packet
In-Kind Request
Event Map
Event Flyer
Verification of Non-Profit
ABC Permit
Street Closure Permit
Fiscal Impact
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In anticipation of the City Council's consideration of this request, staff has compiled the following table outlining costs related to fees established by Resolution of the City Council and departmental charges pertaining to personnel and equipment resources necessary for the support of the event. The departmental charges are costs outside of normal City operations that would not be incurred by the City if the special event was not taking place.

Departmental Charges
(Personnel & Equipment)
2024/2025
Amount Type 2023/2024
Amount
Police Personnel1 $19,353.00 Hard Cost $18,078.00
Fire Personnel1 $0.00 Hard Cost $0.00
Facilities & Community Services Personnel1 $1,350.00 Hard Cost $0.00 Personnel & Equipment Subtotal $20,703.00 $18,078.00
Fees Established by City Council
Resolution

Park Reservation $0.00 Soft Cost $188.00
FCS Equipment $0.00 Soft Cost $0.00
Fire Equipment $0.00 Soft Cost $0.00
Fees Subtotal $0.00 $18,266.00
Total Departmental Charges and Fees $0.00 $18,266.00

$20,703.00
$0.00
$20,703.00

$18,078.00
$188.00
$18,266.00
1Personnel costs are calculated conservatively assuming the highest staff cost scenario. Actual costs may vary on the day of the event based on the actual staff present. Actual costs will be confirmed following the event and will be included in a reconciliation report presented to the City Council.

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

TABLE 2: FY 2024-25 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
Waiver
Amount
Net
Amount
$83,525.50 $5,466.70 $0.00 $88,992.20 $88,992.20

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City Council Meeting I. 9.

DATE: 10/15/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the use of city resources and the request for in-kind support in the amount of $25,778 related to the New Year's Eve Orange Drop event hosted by the Redlands Chamber of Commerce on December 31, 2024; and that this item is categorically exempt from environmental review pursuant to Section 15311 (c) of the State’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker) MOTION(S):

If the City Council determines that the recommendations are appropriate, the following motions are provided:

I move that the City Council determine the approval of the event is exempt from environmental review pursuant to Section 15311 (c) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move to approve a request for in-kind support for the amount of $25,778.00 related to this event; and

2. I move to authorize the temporary closure of Citrus Ave., 6th St., 7th St., and 8th St on Tuesday, December 31st, 2024 for the Annual Chamber of Commerce NYE Orange Drop.

3. RECOMMENDATION:

Staff recommends that City Council determine that approval of the request for the Annual Chamber of Commerce NYE Orange Drop is exempt from environmental review pursuant to Section 15311 of the state’s guidelines implementing the California Environmental Quality Act (CEQA), approve the expenditure of city resources and in-kind support in the amount of $25,778.00, and approve the temporary street closures of Citrus Ave., 6th St., 7th St., and 8th St on Tuesday, December 31st, 2024 related to the event.

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DISCUSSION:

The Facilities and Community Services Department manages the administration and issuance of permits for special events held in public areas of the city. Upon the issuance of a special permit, the event may take place contingent on the event organizer paying the required fees. The City recognizes the value of partnering with non-profit agencies and organizations to provide services beneficial to the community. In an effort to support programs that provide a community benefit, the City Council will, from time to time, consider the authorization of in-kind support including the use of equipment, staff, and facilities for special events.

The Redlands Chamber of Commerce has submitted a request for approval to temporarily close certain streets on December 31, 2024, as part of their Annual New Year's Eve Orange Drop event. They are seeking permission to temporarily close Citrus Avenue between the east side of the Citrus Avenue and 6th Street intersection to the west side of the Citrus Avenue and W. Olive Street intersection. The Chamber is also requesting the closure of 6th Street between E. State Street and the north side of the Citrus Avenue & 6th Street intersection, as well as the closure of 7th Street and 8th Street between E. State Street and the closed portion of Citrus Avenue. The requested street closure of Citrus Avenue is from 9:00 a.m. on December 31, 2024, until 9:00 a.m. on January 1, 2025. This will allow time for street sweepers and staff to thoroughly clean up any debris prior to opening the street for vehicular traffic. The requested street closure of 6th, 7th and 8th Streets will be from 9:00 a.m on December 31, 2024, to 2:00 a.m. on January 1, 2025. In addition to street closures, the Chamber of Commerce is requesting in-kind support and departmental resources totaling $25,778.00. The Chamber of Commerce is a registered non-profit organization based in the City of Redlands.

The City Council previously approved in-kind support of $18,189.14 for the New Year's Eve Orange Drop event in 2023. Although the event has not taken place since then, the Chamber envisions the fourth Annual New Year's Eve Orange Drop as a family-friendly gathering in Downtown Redlands, drawing a significant crowd of approximately 4,000 people to downtown businesses. The application states that this event is designed to showcase our local businesses, enhance their visibility, and potentially boost sales. Moreover, it offers opportunities for local vendors to participate and extends its advertising reach beyond Redlands to other areas in the East Valley and the Inland Empire.

The event is exempt from the requirements of the California Environmental Quality Act's guidelines pursuant to Section 15311(c). Section 15311(c), accessory structures Class 11 facilities, consists of construction, or replacement of minor structure accessory to existing commercial, industrial, or institutional facilities, including placement of seasonal or temporary use items such as mobile food units, portable restrooms or similar items in generally the same locations from time to time in pubically owned parks or other facilities designed Redlands Regular Meeting of 10-15-24
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locations from time to time in pubically owned parks or other facilities designed for public use.

ALTERNATIVES:

The City Council may elect to deny the request for in-kind support and the request for temporary street closure.

STRATEGIC PLAN:

Priority A: Quality of Life, Beautification, Arts and Culture.

SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Department Director

RECOMMENDED BY:

Charles M. Duggan Jr., City Manager

REVIEWED BY:

Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director

PREPARED BY:

Jaclyn Ramirez, Administrative Assistant II
Fiscal Impact
Fiscal Year: FY 2024/25
Revenue Generating: Y
Appropriation Required Y/N: N
Amount: $25,778.00
Budgeted Y/N: N
Discussion:

Please see "Fiscal Impact" attachment for reference.

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Attachments
Special Event Packet
In-Kind Request
Event Map
Verification of Non-Profit
Street Closure
Fiscal Impact
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City of Redlands
In-Kind Support Request
Event Name: I Redlands Chamber New Year's Eve Orange Drop Event Date(s): I December 31st Location(s): I Citrus Ave - West of 6th St and East of 9th st. I Rain Out Date: ._I N_I_A ______ � Beginning Time: j 6PM�-----� End Time: jL__9_P_M ___ ___, Describe Your Request:

This completed fonn with all supporting docu­
mentation shall be submitted a minimum of 60
days prior lo the scheduled event. Additional
information may be attached to this application
form, as needed.

Requesting street closures, police and fire waivers to accommodate up to 4,000 attendees for New Year's Eve festivities and patrons of local restaurants, bars, and retailers, ending with the Orange drop at 9PM. Also providing the portable restrooms.

Select and Describe All City Provided Services That May Apply to Your Request:
[i] Traffic (Personnel, equipment, cones, barricades, no-parking Street closures on Citrus Ave, 6th, 7th, and 8th SI., 2 signboards (Slate & Citrus) [i] Police (Public Safety Personnel) I Police and first aid �-=====================================================� [i] Fire (Paramedics, Inspectors) I Unit and first aid '-------;::=============================================� [j] Parks (Cleanup Personnel, Ball Field Lights) I Cleanup and road closure assistance D Facility
Refuse/Recycling (Event Receptacles, Roll-Off Service) acquired by Event Organizers through Redlands Customer Service Section 13. 65 of the Redlands Municipal Cod e requires that events that serve more than 2,000 individuals per day will be required to submit for review and approval a Large Venue Recycling Plan. The Quality of Ufe Department may require smaller events to comply with City recycling practices as a condition of waiving fees. [i] Other 130 cardboard trash containers
Group/Organization Name: I Redlands Chamber of Commerce Is your Group/Organ ization
a Registered Non-Profit:

Does your Group/Organization
Presently Have Liability Insurance?
[j] Yes
0 No
[i] Yes
0 No
Non-Profit Federal Tax ID Number: 1
Please be advised that depending upon your request, you may be required to provide proof of insurance coverage in an amount determined by the City and naming the City as an additional insured.

Has your Group/Organization received fee
I Yes waivers from the City in the past? '-------------------------' Primary Contact Name & Title: I Evan Sanford, Executive Director Mailing Address: 147 N. 1st St., Redlands, CA 92373
Phone Number:
1909-793-2546
Updated 6/2021
E-Mail Address: I [email protected]
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-
�� IRS
Dcpartmeul of the Trcairnry
f,MIJJ � htto1•1111I Revenue ScrvlcLl
P,O. Box 2508
Cincinnati OH 45201

REDLANDS CHAMBER OF COMMERCE
PO BOX 8693
REDLANDS CA 92375-1893
In reply refer to:

Nov, 25, 2020 LTR 4168C 0
000000 00
BODC:

TE
177700
Employer ID number:

Form 990 required:

Dear Taxpayer:

YES
We're responding to your request dated Nov, 16, 2020, about your tax-exempt status,
We issued you a determination letter in January 1944, recognizing you as tax-exempt under Internal Revenue Code CIRC) Section 50l(cl ( 6) .

Because you're not an organization described in IRC Section 170(cl, donors can't deduct contributions they make to you. You should advise your contributors that their contributions to you aren't deductible, In the heading of this letter, we indicated whether you must file an annual information return, If you're required to file a return, you must file one of the following by the 15th day of the 5th month after the end of your annual accounting period:
- Form 990, Return of Organization Exempt From Income Tax - Form 990EZ, Short Form Return of Organization Exempt From Income Tax
- Form 990-N, Electronic Notice Ce-Postcard) for Tax-Exempt Organizations Not Required to File Form 990 or Form 990-EZ - Form 990-PF, Return of Private Foundation or Section 4947Ca)(l) Trust Treated as Private Foundation
According to IRC Secti�n 6033Cj), if you don't file a required annual information return or notice for 3 consecutive years, we'll revoke your tax-exempt status on the due date of the 3rd required return or notice.

You can get IRS forms or publications you need from our website at www.irs.gov/forms-pubs or by calling BOO-TAX-FORM CBOO-B29-3676), If you have questions, call 877-829-5500 between 8 a,m, and 5 p,m,, local time, Monday through Friday (Alaska and Hawaii follow Pacific tiinel,
Thank you for your cooperation,
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In anticipation of the City Council's consideration of this request, staff has compiled the following table outlining costs related to fees established by Resolution of the City Council and departmental charges pertaining to personnel and equipment resources necessary for the support of the event. The departmental charges are costs outside of normal City operations that would not be incurred by the City if the special event was not taking place.

Departmental Charges
(Personnel & Equipment)
2024-2025
Amount Type 2023-2024
Amount
Police Personnel1 $8,904.00 Hard Cost $7,909.00
Fire Personnel1 $0.00 Hard Cost $2,535.14
Facilities & Community Services Personnel1 $5,400.00 Hard Cost $7,745.00 Personnel & Equipment Subtotal $14,304.00 $18,189.14
Fees Established by City Council
Resolution

Park Reservation $0.00 Soft Cost $0.00
FCS Equipment $11,474.00 Soft Cost $0.00
Fire Equipment $0.00 Soft Cost $0.00
Fees Subtotal $11,474.00 $0.00
Total Departmental Charges and Fees $25,778.00 $0.00

$14,304.00
$11,474.00
$25,778.00
Hard Cost
Soft Cost
Total
$18,189.14
$0.00
$18,189.14
1Personnel costs are calculated conservatively assuming the highest staff cost scenario. Actual costs may vary on the day of the event based on the actual staff present. Actual costs will be confirmed following the event and will be included in a reconciliation report presented to the City Council.

The following table summarizes the total estimated costs associated with the use of City resources and waiver of fees approved for events scheduled during Fiscal Year 2024-25 to date:

TABLE 2: FY 2024-25 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
Waiver
Amount
Net
Amount
$83,525.50 $5,466.70 $0.00 $88,992.20 $88,992.20

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City Council Meeting I. 10.

DATE: 10/15/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve an intergovernmental purchase of VMware support and licensing from Sidepath in the amount of $30,660 per year with a three-year commitment, totaling $91,980 over three years (Management Services/Finance Director Garcia)
MOTION(S):

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

I move to approve the intergovernmental purchase of VMware support and licensing from Sidepath in the amount of $30,660 per year with a three-year commitment, totaling $91,980 over three years.

RECOMMENDATION:

Staff recommends that the City Council approve an intergovernmental purchase of VMware support and licensing from Sidepath in the amount of $30,660 per year with a three year commitment, totaling $91,980 over three years.

DISCUSSION:

VMware provides virtualization solutions that are essential to the City's IT infrastructure. The support contract ensures that we receive timely updates, technical assistance, and problem resolution for VMware products deployed across various departments. Our current contract will currently expire on November 2, 2024.

VMware products are fundamental to our virtualized server environment. They enable us to run multiple virtual machines on physical servers, optimizing hardware usage and reducing costs. The support contract guarantees that any issues with VMware products are resolved quickly, minimizing potential downtime and disruptions to city services. Regular updates and patches are Redlands Regular Meeting of 10-15-24
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downtime and disruptions to city services. Regular updates and patches are also included with the support renewal, ensuring that our systems remain secure and up-to-date with the latest features and performance improvements.

Staff followed the City’s procurement guidelines by examining and selecting an existing competitively-bid cooperative contract agreement with the National Association of State Procurement Officials (NASPO) ValuePoint. NASPO is a non-profit association made up of the directors of the central purchasing offices of the 50 states, District of Columbia and territories of the United States. By utilizing the NASPO ValuePoint cooperative purchasing, the City is able to benefit from the combined purchasing power of more than 50,000 government, education, and nonprofit organizations. The purpose of these cooperative contract programs enable the City to take advantage of preferred pricing and administrative efficiencies. Based on staff's assessment, the software renewal proposed for purchase is recommended to be sourced through this cooperative purchasing agreement.

ALTERNATIVES:

City Council may choose to reject, modify or table the proposed purchase.

However, the purchase is recommended in order to ensure the City’s continued operations of our virtual server infrastructure.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

Danielle Garcia, Management Services/Finance Director
RECOMMENDED BY:

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

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

Eric Owens, Information Technology Manager
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Fiscal Impact
Fiscal Year: FY2024- 27
Revenue Generating: N
Appropriation Required Y/N: N
Amount: $91,980
Budgeted Y/N: Y
Account No.: 604900
Discussion:

Funding for the current year's expense of $30,660 is included in the Management Services/DoIT budget for FY 2025 & 2026. Funding for subsequent years will be included in future budget requests for the department.

Attachments
Cooperative and Intergovernmental Form
NASPO Contract Addendum
State of California NASPO Addendum
VMware Renewal Quote
Cooperative Contract
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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 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
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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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STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-17-70-40-05
AMENDMENT 3
Cloud Solutions
Utah NASPO ValuePoint Master Agreement Number AR2472
Carahsoft Technology Corporation (Contractor)

The parties mutually agree to amend Participating Addendum 7-17-70-40-05 as follows:
1) Section 7. PRICINGis revised to read as follows:

A. Contractor’s pricing is outlined in the Utah NASPO ValuePoint Master Agreement Number AR2472.
2) Section 16. CONTRACT MANAGEMENT, subparagraph A is revised to read as follows:

A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows:

Contractor Contract Manager
Name: Mariah Edwards
Phone: (818) 449-3729
Email: [email protected]
Address: Carahsoft Technology Corporation
Mariah Edwards
11493 Sunset Hills Road, Suite 100
Resto, VA 20190
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Participating Addendum 7-17-70-40-05
Amendment 3

3) Section 18. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONSis hereby added to read as follows:

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

All other terms and conditions of the Participating Addendum shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date of execution by both parties below.

STATE OF CALIFORNIA
Department of General Services

CONTRACTOR
Carahsoft Technology Corporation
Agency Name Contractor Name
Authorized Signature Date Signed Authorized Signature Date Signed Julie Matthews, MAU2 Supervisor
Printed Name/Title of Person Signing Printed Name/Title of Person Signing 707 Third Street
West Sacramento, CA 95605
Address Address
11493 Sunset Hills Rd, Suite 100, Reston, VA 20190
Kristina Smith, Contracts Director
06/22/2023
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STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-17-70-40-05
AMENDMENT 2
Cloud Solutions
Utah NASPO ValuePoint Master Agreement Number AR2472
Carahsoft Technology Corp. (Contractor)

The parties mutually agree to amend Participating Addendum 7-17-70-40-05 as follows:
1) Section 3. TERMS AND CONDITIONS/INCORPORATION OF DOCUMENTS is updated to read as follows:

A. Terms and conditions listed below are hereby incorporated by reference and made a part of this Participating Addendum as if attached herein and shall apply to the purchase of goods or services made under this Participating Addendum.

Terms can be viewed on
the DGS Procurement Division website
(https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division- Resources-List-Folder/Model-Contract-Language).
i. General Provisions – Information Technology (GSPD-401IT) effective 9/5/2014.
ii. Cloud Computing Software as a Service (SaaS) General Provisions effective 6/7/2019.
iii. Cloud Computing Special Provisions for Software as a Service (SaaS) effective 03/15/18.
iv. Cloud Computing Special Provisions for Infrastructure as a Service (IaaS) & Platform as a Service (PaaS), effective 05/11/16.
2) Section 5. AVAILABLE PRODUCTS AND SERVICES is updated to read as follows:

A. The following service offerings from the Utah NASPO ValuePoint Master Agreement Number AR2472 are allowed under this Participating Addendum:
1) Software as a Service (SaaS)
2) Infrastructure as a Service (IaaS)
3) Platform as a Service (PaaS)

3) Section 6. RESTRICTIONS/DISALLOWED PRODUCTS AND SERVICES (STATE AGENCIES ONLY) is updated to read as follows:

A. The following product/service offerings are disallowed for state agencies under this Participating Addendum:
1) Value Added Services, including Additional Value Added Services such as Maintenance Services; Deployment Services; Consulting/Advisory Services; Architectural Design Services; Statement of Work Services; Partner Services, and Training Deployment Services
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Participating Addendum 7-17-70-40-05
Amendment 2

B. Product and service categories that are available on mandatory California statewide contracts cannot be purchased from this Participating Addendum by State agencies without an exemption. Prior to issuing a purchase order, State agencies are responsible for obtaining an exemption from DGS, and/or California Department of Technology (CDT).

C. State agencies must first obtain approval by the California Department of Technology (CDT) to use this Participating Addendum for Infrastructure as a Service (IaaS) and/or Platform as a Service (PaaS) purchases in accordance with Technology Letter 17
-06 (www.cdt.ca.gov/wp-content/uploads/2017/08/TL-
17-06.pdf).
4) Section 14. CONTRACT MANAGEMENT subpart A is updated to read as follows:

A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows:

Contractor: Carahsoft Technology Corp.

Name: Alex Cord
Phone: 703-871-8500
E-Mail: [email protected]
Address: 11493 Sunset Hills Road, Suite 100
Reston, VA 20190

5) Section 9 FULFILLMENT PARTNERS/AUTHORIZED RESELLERS is updated to read as follows:

A. Contractor may use State-approved Authorized Resellers under this Participating Addendum for sales and service functions as defined herein. 1) Orders may be placed with the Contractor or Authorized Resellers. 2) Authorized Resellers must accept purchase orders and accept payment from ordering agencies for products and services offered under this Participating Addendum.
3) Authorized Resellers are responsible for sending a copy of all purchase orders and invoices to the Contractor for compliance with quarterly usage reporting and administrative fee requirements.
4) All purchase documents to Authorized Resellers shall reference the Particip
ating Addendum Number and Contractor Name.

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Participating Addendum 7-17-70-40-05
Amendment 2

B. Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions under this Participating Addendum, even if work is performed by Authorized Resellers. All State policies, guidelines, and requirements shall apply to Authorized Resellers.

C. Contractor will be the sole point of contact with regard to Participating Addendum contractual matters, reporting, and administrative fee requirements.

D. Subject to the approval of the State, Authorized Resellers may be added on a quarterly basis during the term of the contract. Contractors shall notify the State of any deleted Authorized Resellers or changes to current Authorized Resellers’ contact information in writing at any time during the contract term.

E. Contractor will be required to submit Authorized Reseller requests, in a format specified by the State, to the State Contract Administrator for approval.

F. State
-approved Authorized Resellers will be posted on the State’s Cal eProcure website.

All other terms and conditions of the Participating Addendum shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date of execution by both parties below.

STATE OF CALIFORNIA
Department of General Services

CONTRACTOR
Carahsoft Technology Corp.

Agency Name Contractor Name

Authorized Signature Date Signed Authorized Signature Date Signed

Printed Name/Title of Person Signing Printed Name/Title of Person Signing 707 Third Street
West Sacramento, CA 95605

11493 Sunset Hills Road, Suite 100
Reston, VA 20190
Address Address

8/11/2021
Kristina Smith - Director of Contracts
August 11, 2021
Stephanne Lim, MAU2 Supervisor
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Quotation
Date: 08/26/2422892 Mill Creek Drive
Laguna Hills, CA 92653 Quotation #: SIDQ50263
Phone (949)748-8700; Fax (949)748-8706
www.sidepath.com
Valid Until: 10/24/24
Prepared By: Kristen Norem
Project ID: SIDPROJECT47151
Ship To:Bill To:

City of Redlands City of Redlands
Allen Fincher Attn: Allen FincherAttn:
35 Cajon Street
Redlands, CA 92373
35 Cajon Street
Redlands, CA 92373
Phone: 909) 307-7302 Phone: 909) 307-7302
Email: [email protected] Email: [email protected] Qty Item Code Description Unit Price Ext. Price
NASPO Master Contract Number: AR2472
VMWare vSphere Foundation - 3 Year Commit - Annual Billing Year 1
248 $123.63 $30,660.24VCF-VSP-FND-8 VMware vSphere Foundation 8 $30,660.24 SubTotal
Year 2
248 $123.63 $30,660.24VCF-VSP-FND-8 VMware vSphere Foundation 8 $30,660.24 SubTotal
Year 3
248 $123.63 $30,660.24VCF-VSP-FND-8 VMware vSphere Foundation 8 $30,660.24 SubTotal
Payment Terms from Ship Date: Net 30
Pricing does not include Sales Tax or Shipping/Handling unless specifically stated in quote.

Product Total $91,980.72CA Shipments: CA Electronic Waste Recycling (eWaste) Fee will apply to monitors, laptops or tablets.

Taxes $0.00
Shipping $0.00
Grand Total $91,980.72
Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by Sidepath's Purchasing Terms and Conditions, which are located at: www.sidepath.com/terms. The Purchasing Terms and Conditions are incorporated herein by reference and available in hard copy upon your request.

Note: Sidepath will collect sales tax for orders shipped to these six states: AZ, CA, MA, NV, TX and WA. For orders shipped outside of these six states, it will be the customer's responsibility to report the tax as Sales & Use Tax.

Please contact me if I can be of further assistance.

THANK YOU FOR YOUR BUSINESS!
Accepted by:_________________________________ Title:_______________________________ Date:___________ PO:_______________________ If you have any questions regarding this quotation, please contact:

Krunal Patel | (949) 396-3743 | [email protected] This document is proprietary and confidential and is intended solely for the recipient.

No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

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February 17, 2016.

Attachment A: NASPO ValuePoint Master Agreement Terms and Conditions

1. Master Agreement Order of Precedence
a. Any Order placed under this Master Agreement shall consist of the following documents:
(1) A Participating Entity’s Participating Addendum1 (“PA”); (2) NASPO ValuePoint Master Agreement Terms & Conditions, including the applicable Exhibits
2 to the Master Agreement;
(3) The Solicitation;
(4) Contractor’s response to the Solicitation, as revised (if permitted) and accepted by the Lead State; and
(5) A Service Level Agreement issued against the Participating Addendum. b. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment.

2. Definitions - Unless otherwise provided in this Master Agreement, capitalized terms will have the meanings given to those terms in this Section.

Confidential Information means any and all information of any form that is marked as confidential or would by its nature be deemed confidential obtained by Contractor or its employees or agents in the performance of this Master Agreement, including, but not necessarily limited to (1) any Purchasing Entity’s records, (2) personnel records, and (3) information concerning individuals, is confidential information of Purchasing Entity.

Contractor means the person or entity providing solutions under the terms and conditions set forth in this Master Agreement. Contractor also includes its employees, subcontractors, agents and affiliates who are providing the services agreed to under the 1 A Sample Participating Addendum will be published after the contracts have been awarded. 2 The Exhibits comprise the terms and conditions for the service models: PaaS, IaaS, and PaaS.

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Master Agreement.

Data means all information, whether in oral or written (including electronic) form, created by or in any way originating with a Participating Entity or Purchasing Entity, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with a Participating Entity or Purchasing Entity, in the course of using and configuring the Services provided under this Agreement.

Data Breach means any actual or reasonably suspected non-authorized access to or acquisition of computerized Non-Public Data or Personal Data that compromises the security, confidentiality, or integrity of the Non-Public Data or Personal Data, or the ability of Purchasing Entity to access the Non-Public Data or Personal Data.

Data Categorization means the process of risk assessment of Data. See also “High Risk Data”, “Moderate Risk Data” and “Low Risk Data”.

Disabling Code means computer instructions or programs, subroutines, code, instructions, data or functions, (including but not limited to viruses, worms, date bombs or time bombs), including but not limited to other programs, data storage, computer libraries and programs that self-replicate without manual intervention, instructions programmed to activate at a predetermined time or upon a specified event, and/or programs purporting to do a meaningful function but designed for a different function, that alter, destroy, inhibit, damage, interrupt, interfere with or hinder the operation of the Purchasing Entity’s’ software, applications and/or its end users processing environment, the system in which it resides, or any other software or data on such system or any other system with which it is capable of communicating.

Fulfillment Partner means a third-party contractor qualified and authorized by Contractor, and approved by the Participating State under a Participating Addendum, who may, to the extent authorized by Contractor, fulfill any of the requirements of this Master Agreement including but not limited to providing Services under this Master Agreement and billing Customers directly for such Services. Contractor may, upon written notice to the Participating State, add or delete authorized Fulfillment Partners as necessary at any time during the contract term. Fulfillment Partner has no authority to amend this Master Agreement or to bind Contractor to any additional terms and conditions.

High Risk Data is as defined in FIPS PUB 199, Standards for Security Categorization of Federal Information and Information Systems (“High Impact Data”).

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arbitrary software, which can include operating systems and applications. The consumer does not manage or control the underlying cloud infrastructure but has control over operating systems, storage, deployed applications; and possibly limited control of select networking components (e.g., host firewalls).

Intellectual Property means any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and all rights, title, and interest therein.

Lead State means the State centrally administering the solicitation and any resulting Master Agreement(s).

Low Risk Data is as defined in FIPS PUB 199, Standards for Security Categorization of Federal Information and Information Systems (“Low Impact Data”).

Master Agreement means this agreement executed by and between the Lead State, acting on behalf of NASPO ValuePoint, and the Contractor, as now or hereafter amended.

Moderate Risk Data is as defined in FIPS PUB 199, Standards for Security Categorization of Federal Information and Information Systems (“Moderate Impact Data”).

NASPO ValuePoint is the NASPO ValuePoint Cooperative Purchasing Program, facilitated by the NASPO Cooperative Purchasing Organization LLC, a 501(c)(3) limited liability company (doing business as NASPO ValuePoint) is a subsidiary organization the National Association of State Procurement Officials (NASPO), the sole member of NASPO ValuePoint. The NASPO ValuePoint Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states and the District of Columbia. The NASPO ValuePoint Cooperative Development Team is identified in the Master Agreement as the recipient of reports and may be performing contract administration functions as assigned by the Lead State.

Non-Public Data means High Risk Data and Moderate Risk Data that is not subject to distribution to the public as public information. It is deemed to be sensitive and confidential by the Purchasing Entity because it contains information that is exempt by statute, ordinance or administrative rule from access by the general public as public information.

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specific to the Participating Entity, other terms and conditions.

Participating Entity means a state, or other legal entity, properly authorized to enter into a Participating Addendum.

Participating State means a state, the District of Columbia, or one of the territories of the United States that is listed in the Request for Proposal as intending to participate.

Upon execution of the Participating Addendum, a Participating State becomes a Participating Entity.

Personal Data means data alone or in combination that includes information relating to an individual that identifies the individual by name, identifying number, mark or description can be readily associated with a particular individual and which is not a public record. Personal Information may include the following personally identifiable information (PII): government-issued identification numbers (e.g., Social Security, driver’s license, passport); financial account information, including account number, credit or debit card numbers; or Protected Health Information (PHI) relating to a person.

Platform as a Service (PaaS) as used in this Master Agreement is defined as the capability provided to the consumer to deploy onto the cloud infrastructure consumer- created or -acquired applications created using programming languages and tools supported by the provider. This capability does not necessarily preclude the use of compatible programming languages, libraries, services, and tools from other sources.

The consumer does not manage or control the underlying cloud infrastructure including network, servers, operating systems, or storage, but has control over the deployed applications and possibly application hosting environment configurations.

Product means any deliverable under this Master Agreement, including Services, software, and any incidental tangible goods.

Protected Health Information (PHI) means individually identifiable health information transmitted by electronic media, maintained in electronic media, or transmitted or maintained in any other form or medium. PHI excludes education records covered by the Family Educational Rights and Privacy Act (FERPA), as amended, 20 U.S.C. 1232g, records described at 20 U.S.C. 1232g(a)(4)(B)(iv) and employment records held by a covered entity in its role as employer. PHI may also include information that is a subset of health information, including demographic information collected from an individual, and (1) is created or received by a health care provider, health plan, employer or health care clearinghouse; and (2) relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; and (a) that identifies the individual; or (b) with respect to which there is a reasonable basis to believe the information can be used to identify the individual.

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Purchasing Entity means a state, city, county, district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, who issues a Purchase Order against the Master Agreement and becomes financially committed to the purchase.

Services mean any of the specifications described in the Scope of Services that are supplied or created by the Contractor pursuant to this Master Agreement.

Security Incident means the possible or actual unauthorized access to a Purchasing Entity’s Non-Public Data and Personal Data the Contractor believes could reasonably result in the use, disclosure or theft of a Purchasing Entity’s Non-Public Data within the possession or control of the Contractor. A Security Incident also includes a major security breach to the Contractor’s system, regardless if Contractor is aware of unauthorized access to a Purchasing Entity’s Non-Public Data. A Security Incident may or may not turn into a Data Breach.

Service Level Agreement (SLA) means a written agreement between both the Purchasing Entity and the Contractor that is subject to the terms and conditions in this Master Agreement and relevant Participating Addendum unless otherwise expressly agreed in writing between the Purchasing Entity and the Contractor. SLAs should include: (1) the technical service level performance promises, (i.e. metrics for performance and intervals for measure), (2) description of service quality, (3) identification of roles and responsibilities, (4) remedies, such as credits, and (5) an explanation of how remedies or credits are calculated and issued.

Software as a Service (SaaS) as used in this Master Agreement is defined as the capability provided to the consumer to use the Contractor’s applications running on a Contractor’s infrastructure (commonly referred to as ‘cloud infrastructure). The applications are accessible from various client devices through a thin client interface such as a Web browser (e.g., Web-based email), or a program interface. The consumer does not manage or control the underlying cloud infrastructure including network, servers, operating systems, storage, or even individual application capabilities, with the possible exception of limited user-specific application configuration settings.

Solicitation means the documents used by the State of Utah, as the Lead State, to obtain Contractor’s Proposal.

Statement of Work means a written statement in a solicitation document or contract that describes the Purchasing Entity’s service needs and expectations.

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and an amendment is not necessary.

8. Confidentiality, Non-Disclosure, and Injunctive Relief a. Confidentiality. Contractor acknowledges that it and its employees or agents may, in the course of providing a Product under this Master Agreement, be exposed to or acquire information that is confidential to Purchasing Entity’s or Purchasing Entity’s clients. Any reports or other documents or items (including software) that result from the use of the Confidential Information by Contractor shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that (1) is or becomes (other than by disclosure by Contractor) publicly known; (2) is furnished by Purchasing Entity to others without restrictions similar to those imposed by this Master Agreement; (3) is rightfully in Contractor’s possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (4) is obtained from a source other than Purchasing Entity without the obligation of confidentiality, (5) is disclosed with the written consent of Purchasing Entity or; (6) is independently developed by employees, agents or subcontractors of Contractor who can be shown to have had no access to the Confidential Information.

b. Non-Disclosure. Contractor shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than what is necessary to the performance of Orders placed under this Master Agreement. Contractor shall advise each of its employees and agents of their obligations to keep Confidential Information confidential. Contractor shall use commercially reasonable efforts to assist Purchasing Entity in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contractor shall advise Purchasing Entity, applicable Participating Entity, and the Lead State immediately if Contractor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement, and Contractor shall at its expense cooperate with Purchasing Entity in seeking injunctive or other equitable relief in the name of Purchasing Entity or Contractor against any such person. Except as directed by Purchasing Entity, Contractor will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Purchasing Entity’s request, Contractor shall turn over to Purchasing Entity all documents, papers, and other matter in Contractor's possession that embody Confidential Information. Notwithstanding the foregoing, Contractor may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement.

c. Injunctive Relief. Contractor acknowledges that breach of this section, including disclosure of any Confidential Information, will cause irreparable injury to Purchasing Redlands Regular Meeting of 10-15-24
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Entity that is inadequately compensable in damages. Accordingly, Purchasing Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available.

Contractor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Purchasing Entity and are reasonable in scope and content.

d. Purchasing Entity Law. These provisions shall be applicable only to extent they are not in conflict with the applicable public disclosure laws of any Purchasing Entity.

9. Right to Publish: Throughout the duration of this Master Agreement, Contractor must secure prior approval from the Lead State or Participating Entity for the release of any information that pertains to the potential work or activities covered by the Master Agreement , including but not limited to reference to or use of the Lead State or a Participating Entity’s name, Great Seal of the State, Coat of Arms, any Agency or other subunits of the State government, or any State official or employee, for commercial promotion which is strictly prohibited. News releases or release of broadcast e-mails pertaining to this Master Agreement or Participating Addendum shall not be made without prior written approval of the Lead State or a Participating Entity.

The Contractor shall not make any representations of NASPO ValuePoint’s opinion or position as to the quality or effectiveness of the services that are the subject of this Master Agreement without prior written consent. Failure to adhere to this requirement may result in termination of the Master Agreement for cause.

11. Changes in Contractor Representation: The Contractor must notify the Lead State of changes in the Contractor’s key administrative personnel, in writing within 10 calendar days of the change. The Lead State reserves the right to approve changes in key personnel, as identified in the Contractor’s proposal. The Contractor agrees to propose replacement key personnel having substantially equal or better education, training, and experience as was possessed by the key person proposed and evaluated in the Contractor’s proposal.

13. Indemnification and Limitation of Liability
a. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO ValuePoint, the Lead State, Participating Entities, and Purchasing Entities, along with their officers, agents, and employees as well as any person or entity for which they may be liable, from and against claims, damages or causes of action including reasonable attorneys’ fees and related costs for any death, bodily injury, or damage to real or tangible property arising directly or indirectly from the negligent or wrongful act(s), error(s), or omission(s) of the Contractor, its employees or subcontractors or volunteers, at any tier, relating to the performance under the Master Agreement.

b. Indemnification – Intellectual Property. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO ValuePoint, the Lead State, Participating Entities, Purchasing Entities, along with their officers, agents, and employees as well as any Redlands Regular Meeting of 10-15-24
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person or entity for which they may be liable ("Indemnified Party"), from and against clai
ms, damages or causes of action including reasonable attorneys’ fees and related costs arising out of the claim that the Product or its use, infringes Intellectual Property rights ("Intellectual Property Claim") of another person or entity.

(1) The Contractor’s obligations under this section shall not extend to:
a. Any use of the Services provided hereunder not contemplated in the product documentation.
b. Any use of the Services provided hereunder in combination with other products not contemplated hereunder or in the documentation, any use of modification of the Services provided hereunder except as permitted by this Agreement.

(2) The Indemnified Party shall notify the Contractor within a reasonable time after receiving notice of an Intellectual Property Claim. Even if the Indemnified Party fails to provide reasonable notice, the Contractor shall not be relieved from its obligations unless the Contractor can demonstrate that it was prejudiced in defending the Intellectual Property Claim resulting in increased expenses or loss to the Contractor and then only to the extent of the prejudice or expenses. If the Contractor promptly and reasonably investigates and defends any Intellectual Property Claim, it shall have control over the defense and settlement of it. However, the Indemnified Party must consent in writing for any money damages or obligations for which it may be responsible. The Indemnified Party shall furnish, at the Contractor’s reasonable request and expense, information and assistance necessary for such defense. If the Contractor fails to vigorously pursue the defense or settlement of the Intellectual Property Claim, the Indemnified Party may assume the defense or settlement of it and the Contractor shall be liable for all costs and expenses, including reasonable attorneys’ fees and related costs, incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim. Unless otherwise agreed in writing, this section is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement.

b. Except as otherwise set forth in the Indemnification Paragraphs above, the limit of liability shall be as follows:
i. Contractor’s liability for any claim, loss or liability arising out of, or connected with the Services provided, and whether based upon default, or other liability such as breach of contract, warranty, negligence, misrepresentation or otherwise, shall in no case exceed direct damages in: (i) an amount equal to two (2) times the charges specified in the Purchase Order for the Services, or parts thereof forming the basis of the Purchasing Entity’s claim, (said amount not to exceed a total of twelve (12) months charges payable under the applicable Redlands Regular Meeting of 10-15-24
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Purchase Order) or (ii) two million dollars ($2,000,000), whichever is greater. ii
. The Purchasing Entity may retain such monies from any amount due Contractor as may be necessary to satisfy any claim for damages, costs and the like asserted against the Purchasing Entity unless Contractor at the time of the presentation of claim shall demonstrate to the Purchasing Entity’s satisfaction that sufficient monies are set aside by the Contractor in the form of a bond or through insurance coverage to cover associated damages and other costs. iii. Notwithstanding the above, neither the Contractor nor the Purchasing Entity shall be liable for any consequential, indirect or special damages of any kind which may result directly or indirectly from such performance, including, without limitation, damages resulting from loss of use or loss of profit by the Purchasing Entity, the Contractor, or by others.
iv. The limitations of liability in Section 43 will not apply to claims for bodily injury or death as set forth in Section 13, and Section 30 when made applicable under a specific purchase order.

16. Insurance
a. Unless otherwise agreed in a Participating Addendum, Contractor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in each Participating Entity’s state and having a rating of A-, Class VII or better, in the most recently published edition of Best’s Reports.

Failure to buy and maintain the required insurance may result in this Master Agreement’s termination or, at a Participating Entity’s option, result in termination of its Participating Addendum.

b. Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories:

(1) Commercial General Liability covering premises operations, independent contractors, products and completed operations, blanket contractual liability, personal injury (including death), advertising liability, and property damage, with a limit of not less than $1 million per occurrence/$3 million general aggregate;

(2) CLOUD MINIMUM INSURANCE COVERAGE:

Level of
Risk
Data Breach and Privacy/Cyber
Liability including Technology
Errors and Omissions
Minimum Insurance Coverage
Crime Insurance
Minimum Insurance
Coverage
Low $2,000,000 $2,000,000
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Moderate $5,000,000 $5,000,000
High $10,000,000 $10,000,000

(3) Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements.

(4) Professional Liability. As applicable, Professional Liability Insurance Policy in the minimum amount of $1,000,000 per occurrence and $1,000,000 in the aggregate, written on an occurrence form that provides coverage for its work undertaken pursuant to each Participating Addendum.

c. Contractor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement and shall have a condition that they not be revoked by the insurer until thirty (30) calendar days after notice of intended revocation thereof shall have been given to Purchasing Entity and Participating Entity by the Contractor.

d. Prior to commencement of performance, Contractor shall provide to the Lead State a written endorsement to the Contractor’s general liability insurance policy or other documentary evidence acceptable to the Lead State that (1) names the Participating States identified in the Request for Proposal as additional insureds, (2) provides that no material alteration, cancellation, non-renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating State has been given at least thirty (30) days prior written notice, and (3) provides that the Contractor’s liability insurance policy shall be primary, with any liability insurance of any Participating State as secondary and noncontributory. Unless otherwise agreed in any Participating Addendum, the Participating Entity’s rights and Contractor’s obligations are the same as those specified in the first sentence of this subsection. Before performance of any Purchase Order issued after execution of a Participating Addendum authorizing it, the Contractor shall provide to a Purchasing Entity or Participating Entity who requests it the same information described in this subsection.

e. Contractor shall furnish to the Lead State, Participating Entity, and, on request, the Purchasing Entity copies of certificates of all required insurance within thirty (30) calendar days of the execution of this Master Agreement, the execution of a Participating Addendum, or the Purchase Order’s effective date and prior to performing any work. The insurance certificate shall provide the following information: the name and address of the insured; name, address, telephone number and signature of the authorized agent; name of the insurance company (authorized to operate in all states); a description of coverage in detailed standard terminology (including policy period, policy number, limits of liability, exclusions and endorsements); and an acknowledgment of the requirement for notice of cancellation. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after any renewal date.

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may, at sole option of the Lead State, or any Participating Entity, result in this Master Agreement’s termination or the termination of any Participating Addendum.

f. Coverage and limits shall not limit Contractor’s liability and obligations under this Master Agreement, any Participating Addendum, or any Purchase Order.

17. Laws and Regulations: Any and all Services offered and furnished shall comply fully with all applicable Federal and State laws and regulations.

The federal and state laws, regulations, policies, standards, and guidelines that Contractors doing business with the Participating Entities must be aware of, include, but not limited to: Criminal Justice Information Services (CJIS) Security Policy; Federal Educational Rights and Privacy Act (FERPA); Federal Information Security Management Act (FISMA); National Institute of Technology Standards; Gramm-Leach- Bliley Act (GLB) Act; Health Insurance Portability and Accountability Act (HIPAA); Health Information Technology for Economic and Clinical Health Act (HITECH); IRS Publication 1075; Payment Card Industry Data Security Standard (PCI DSS); Sarbanes- Oxley Act (SOX); Electronic Communications Privacy Act, Stored Communications Act and the PATRIOT Act. The list is intentionally United States-centric, and is not intended to be all-inclusive. Further, since laws, regulations, requirements and industry guidelines change, consulting definitive sources to assure a clear understanding of compliance requirements is critical. Many State Entities have additional program compliance requirements that must be considered in addressing compliance. (e.g., DMV Privacy Act, Public Service Law, etc.).

20. Participants and Scope
a. Contractor may not deliver Services under this Master Agreement until a Participating Addendum acceptable to the Participating Entity and Contractor is executed. The NASPO ValuePoint Master Agreement Terms and Conditions are applicable to any Order by a Participating Entity (and other Purchasing Entities covered by their Participating Addendum), except to the extent altered, modified, supplemented or amended by a Participating Addendum. By way of illustration and not limitation, this authority may apply to unique delivery and invoicing requirements, confidentiality requirements, defaults on Orders, governing law and venue relating to Orders by a Participating Entity, indemnification, and insurance requirements. Statutory or constitutional requirements relating to availability of funds may require specific language in some Participating Addenda in order to comply with applicable law. The expectation is that these alterations, modifications, supplements, or amendments will be addressed in the Participating Addendum or, with the consent of the Purchasing Entity and Contractor, may be included in the ordering document (e.g. purchase order or contract) used by the Purchasing Entity to place the Order.

b. Subject to subsection 20c and a Participating Entity’s Participating Addendum, the use of specific NASPO ValuePoint cooperative Master Agreements by state agencies, political subdivisions and other Participating Entities (including cooperatives) authorized Redlands Regular Meeting of 10-15-24
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by individual state’s statutes to use state contracts is subject to the approval of the respective State Chief Procurement Official.

c. Unless otherwise stipulated in a Participating Entity’s Participating Addendum, specific services accessed through the NASPO ValuePoint cooperative Master Agreements for Cloud Services by state executive branch agencies, as required by a Participating Entity’s statutes, are subject to the authority and approval of the Participating Entity’s Chief Information Officer’s Office

3. d. Obligations under this Master Agreement are limited to those Participating Entities who have signed a Participating Addendum and Purchasing Entities within the scope of those Participating Addenda. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions.

e.

NASPO ValuePoint is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the NASPO ValuePoint cooperative purchasing program for state government departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.) for all 50 states, the District of Columbia and the territories of the United States.

f. Participating Addenda shall not be construed to amend the terms of this Master Agreement between the Lead State and Contractor.

g. Participating Entities who are not states may under some circumstances sign their own Participating Addendum, subject to the approval of participation by the Chief Procurement Official of the state where the Participating Entity is located. Coordinate requests for such participation through NASPO ValuePoint. Any permission to participate through execution of a Participating Addendum is not a determination that procurement authority exists in the Participating Entity; they must ensure that they have the requisite procurement authority to execute a Participating Addendum.

h. Resale. Subject to any explicit permission in a Participating Addendum, Purchasing Entities may not resell goods, software, or Services obtained under this Master Agreement. This l
imitation does not prohibit: payments by employees of a Purchasing Entity as explicitly permitted under this agreement; sales of goods to the general public as surplus property; and fees associated with inventory transactions with other governmental or nonprofit entities under cooperative agreements and consistent with a Purchasing Entity’s laws and regulations. Any sale or transfer permitted by this

3 Chief Information Officer means the individual designated by the Governor with Executive Branch, enterprise- wide responsibility for the leadership and management of information technology resources of a state.

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subsection must be consistent with license rights granted for use of intellectual property.

22. Data Access Controls: Contractor will provide access to Purchasing Entity’s Data only to those Contractor employees, contractors and subcontractors (“Contractor Staff”) who need to access the Data to fulfill Contractor’s obligations under this Agreement.

Contractor shall not access a Purchasing Entity’s user accounts or Data, except on the course of data center operations, response to service or technical issues, as required by the express terms of this Master Agreement, or at a Purchasing Entity’s written request.

Contractor may not share a Purchasing Entity’s Data with its parent corporation, other affiliates, or any other third party without the Purchasing Entity’s express written consent.

Contractor will ensure that, prior to being granted access to the Data, Contractor Staff who perform work under this Agreement have successfully completed annual instruction of a nature sufficient to enable them to effectively comply with all Data protection provisions of this Agreement; and possess all qualifications appropriate to the nature of the employees’ duties and the sensitivity of the Data they will be handling.

23. Operations Management: Contractor shall maintain the administrative, physical, technical, and procedural infrastructure associated with the provision of the Product in a manner that is, at all times during the term of this Master Agreement, at a level equal to or more stringent than those specified in the Solicitation. Contractor must maintain any certifications required under the Solicitation.

24. Public Information: This Master Agreement and all related documents are subject to disclosure pursuant to the Purchasing Entity’s public information laws.

26. Records Administration and Audit.
a. The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of six (6) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, to assure compliance with the terms hereof or to evaluate performance hereunder.

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Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for any overpayments inconsistent with the terms of the Master Agreement or orders or underpayment of fees found as a result of the examination of the Contractor’s records.

c. The rights and obligations herein exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self-audit contract obligations and that permits the Lead State to review compliance with those obligations.

d. The Contractor shall allow the Purchasing Entity to audit conformance to the Master Agreement and applicable Participating Addendum terms. The purchasing entity may perform this audit or contract with a third party at its discretion and at the purchasing entity’s expense.

27. Administrative Fees: The Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one-quarter of one percent (0.25% or 0.0025) no later than 60 days following the end of each calendar quarter. The NASPO ValuePoint Administrative Fee shall be submitted quarterly and is based on sales of the Services. The NASPO ValuePoint Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal.

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

28. System Failure or Damage: In the event of system failure or damage caused by Contractor or its Services, the Contractor agrees to use its best efforts to restore or assist in restoring the system to operational capacity.

29. Title to Product: If access to the Product requires an application program interface (API)
, Contractor shall convey to Purchasing Entity an irrevocable and perpetual license to use the API.

30. Data Privacy: When required by a specific purchase order issued under this Agreement or a Participating Addendum and accepted by the Contractor, the Contractor must comply with all applicable laws related to data privacy and security, including IRS Pub 1075. Prior to entering into a SLA with a Purchasing Entity, the Contractor and Redlands Regular Meeting of 10-15-24
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Purchasing Entity must cooperate and hold a meeting to determine the Data Categorization to determine whether the Contractor will hold, store, or process High Risk Data, Moderate Risk Data and Low Risk Data. The Contractor must document the Data Categorization in the SLA or Statement of Work.

31. Warranty: At a minimum the Contractor must warrant the following:

a. Contractor has acquired any and all rights, grants, assignments, conveyances, licenses, permissions, and authorization for the Contractor to provide the Services described in this Master Agreement.

b. Contractor will perform materially as described in this Master Agreement, SLA, Statement of Work, including any performance representations contained in the Contractor’s response to the Solicitation by the Lead State.

c. Contractor represents and warrants that the representations contained in its response to the Solicitation by the Lead State.

d. The Contractor will not interfere with a Purchasing Entity’s access to and use of the Services it acquires from this Master Agreement.

e. The Services provided by the Contractor are compatible with and will operate successfully with any environment (including web browser and operating system) specified by the Contractor in its response to the Solicitation by the Lead State.

f. The Contractor warrants that the Products it provides under this Master Agreement are free of malware. The Contractor must use industry-leading technology to detect and remove worms, Trojans, rootkits, rogues, dialers, spyware, etc.

32. Transition Assistance:

a. The Contractor shall reasonably cooperate with other parties in connection with all Services to be delivered under this Master Agreement, including without limitation any successor service provider to whom a Purchasing Entity’s Data is transferred in connection with the termination or expiration of this Master Agreement. The Contractor shall assist a Purchasing Entity in exporting and extracting a Purchasing Entity’s Data, in a format usable without the use of the Services and as agreed by a Purchasing Entity, at no additional cost to the Purchasing Entity. Any transition services requested by a Purchasing Entity involving additional knowledge transfer and support may be subject to a separate transition Statement of Work.

b. A Purchasing Entity and the Contractor shall, when reasonable, create a Transition Plan Document identifying the transition services to be provided and including a Statement of Work if applicable.

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c. The Contractor must maintain the confidentiality and security of a Purchasing Entity’s Data during the transition services and thereafter as required by the Purchasing Entity.

35. Debarment : The Contractor certifies, to the best of its knowledge, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. This certification represents a recurring certification made at the time any Order is placed under this Master Agreement. If the Contractor cannot certify this statement, attach a written explanation for review by the Lead State.

37. Governing Law and Venue
a. The procurement, evaluation, and award of the Master Agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of the Master Agreement after award shall be governed by the law of the state serving as Lead State (in most cases also the Lead State). The construction and effect of any Participating Addendum or Order against the Master Agreement shall be governed by and construed in accordance with the laws of the Participating Entity’s or Purchasing Entity’s State.

b. Unless otherwise specified in the RFP, the venue for any protest, claim, dispute or action relating to the procurement, evaluation, and award is in the Lead State. Venue for any claim, dispute or action concerning the terms of the Master Agreement shall be in the state serving as Lead State. Venue for any claim, dispute, or action concerning any Order placed against the Master Agreement or the effect of a Participating Addendum shall be in the Purchasing Entity’s State.

c. If a claim is brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for (in decreasing order of priority): the Lead State for claims relating to the procurement, evaluation, award, or contract performance or administration if the Lead State is a party; the Participating State if a named party; the Participating Entity state if a named party; or the Purchasing Entity state if a named party.

d. This section is also not a waiver by the Participating State of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States.

40. Contract Provisions for Orders Utilizing Federal Funds: Pursuant to Appendix II to 2 Code of Federal Regulations (CFR) Part 200, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, Orders funded with federal funds may have Redlands Regular Meeting of 10-15-24
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additional contractual requirements or certifications that must be satisfied at the time the Order is placed or upon delivery. These federal requirements may be proposed by Participating Entities in Participating Addenda and Purchasing Entities for incorporation in Orders placed under this master agreement.

42. NASPO ValuePoint Summary and Detailed Usage Reports: In addition to other reports that may be required by this solicitation, the Contractor shall provide the following NASPO ValuePoint reports.

a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to NASPO ValuePoint using the NASPO ValuePoint Quarterly Sales/Administrative Fee Reporting Tool found at http://www.naspo.org/WNCPO/Calculator.aspx. Any/all sales made under the contract shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still required.

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

b. Detailed Sales Data. Contractor shall also report detailed sales data by: (1) state; (2) entity/customer type, e.g. local government, higher education, K12, non-profit; (3) Purchasing Entity name; (4) Purchasing Entity bill-to and ship-to locations; (4) Purchasing Entity and Contractor Purchase Order identifier/number(s); (5) Purchase Order Type (e.g. sales order, credit, return, upgrade, determined by industry practices); (6) Purchase Order date; (7) Ship Date; (8) and line item description, including product number if used. The report shall be submitted in any form required by the solicitation.

Reports are due on a quarterly basis and must be received by the Lead State and NASPO ValuePoint Cooperative Development Team no later than thirty (30) days after the end of the reporting period. Reports shall be delivered to the Lead State and to the NASPO ValuePoint Cooperative Development Team electronically through a designated portal, email, CD-Rom, flash drive or other method as determined by the Lead State and NASPO ValuePoint. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is in shown in Attachment F.

c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the solicitation and the Participating Addendum. Report data for employees should be limited to ONLY the state and entity they are participating under the authority of (state and agency, city, county, school district, etc.) and the amount of sales. No personal identification numbers, e.g. names, addresses, social security numbers or any other numerical identifier, may be submitted with any report.

d. Contractor shall provide the NASPO ValuePoint Cooperative Development Coordinator with an executive summary each quarter that includes, at a minimum, a list Redlands Regular Meeting of 10-15-24
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of states with an active Participating Addendum, states that Contractor is in negotiations with and any PA roll out or implementation activities and issues. NASPO ValuePoint Cooperative Development Coordinator and Contractor will determine the format and content of the executive summary. The executive summary is due 30 days after the conclusion of each calendar quarter.

e. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and NASPO ValuePoint shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section.

f. If requested by a Participating Entity, the Contractor must provide detailed sales data within the Participating State.

43. Entire Agreement: This Master Agreement, along with any attachment, contains the entire understanding of the parties hereto with respect to the Master Agreement unless a term is modified in a Participating Addendum with a Participating Entity. No click
-through, or other end user terms and conditions or agreements required by the Contractor (“Additional Terms”) provided with any Services hereunder shall be binding on Participating Entities or Purchasing Entities, even if use of such Services requires an affirmative “acceptance” of those Additional Terms before access is permitted.

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Exhibit 1 to the Master Agreement: Software-as-a-Service

1. Data Ownership: The Purchasing Entity will own all right, title and interest in its data that is related to the Services provided by this Master Agreement. The Contractor shall not access Purchasing Entity user accounts or Purchasing Entity data, except (1) in the course of data center operations, (2) in response to service or technical issues, (3) as required by the express terms of this Master Agreement, Participating Addendum, SLA, and/or other contract documents, or (4) at the Purchasing Entity’s written request.

Contractor shall not collect, access, or use user-specific Purchasing Entity Data except as strictly necessary to provide Service to the Purchasing Entity. No information regarding a Purchasing Entity’s use of the Service may be disclosed, provided, rented or sold to any third party for any reason unless required by law or regulation or by an order of a court of competent jurisdiction. This obligation shall survive and extend beyond the term of this Master Agreement.

2. Data Protection: Protection of personal privacy and data shall be an integral part of the business activities of the Contractor to ensure there is no inappropriate or unauthorized use of Purchasing Entity information at any time. To this end, the Contractor shall safeguard the confidentiality, integrity and availability of Purchasing Entity information and comply with the following conditions:
a. The Contractor shall implement and maintain appropriate administrative, technical and organizational security measures to safeguard against unauthorized access, disclosure or theft of Personal Data and Non-Public Data. Such security measures shall be in accordance with recognized industry practice and not less stringent than the measures the Contractor applies to its own Personal Data and Non-Public Data of similar kind. b. All data obtained by the Contractor in the performance of the Master Agreement shall become and remain the property of the Purchasing Entity. c. All Personal Data shall be encrypted at rest and in transit with controlled access. Unless otherwise stipulated, the Contractor is responsible for encryption of the Personal Data. Any stipulation of responsibilities will identify specific roles and responsibilities and shall be included in the service level agreement (SLA), or otherwise made a part of the Master Agreement.
d. Unless otherwise stipulated, the Contractor shall encrypt all Non-Public Data at rest and in transit. The Purchasing Entity shall identify data it deems as Non-Public Data to the Contractor. The level of protection and encryption for all Non-Public Data shall be identified in the SLA.
e. At no time shall any data or processes — that either belong to or are intended for the use of a Purchasing Entity or its officers, agents or employees — be copied, disclosed or retained by the Contractor or any party related to the Contractor for subsequent use in any transaction that does not include the Purchasing Entity.

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f. The Contractor shall not use any information collected in connection with the Services issued from this Master Agreement for any purpose other than fulfilling the Services.

3. Data Location: The Contractor shall provide its services to the Purchasing Entity and its end users solely from data centers in the U.S. Storage of Purchasing Entity data at rest shall be located solely in data centers in the U.S. The Contractor shall not allow its personnel or contractors to store Purchasing Entity data on portable devices, including personal computers, except for devices that are used and kept only at its U.S. data centers. The Contractor shall permit its personnel and contractors to access Purchasing Entity data remotely only as required to provide technical support. The Contractor may provide technical user support on a 24/7 basis using a Follow the Sun model, unless otherwise prohibited in a Participating Addendum.

4. Security Incident or Data Breach Notification:
a. Incident Response: Contractor may need to communicate with outside parties regarding a security incident, which may include contacting law enforcement, fielding media inquiries and seeking external expertise as mutually agreed upon, defined by law or contained in the contract. Discussing security incidents with the Purchasing Entity should be handled on an urgent as needed basis, as part of Contractor’s communication and mitigation processes as mutually agreed upon, defined by law or contained in the Master Agreement. b. Security Incident Reporting Requirements: The Contractor shall report a security incident to the Purchasing Entity identified contact immediately as soon as possible or promptly without out reasonable delay, or as defined in the SLA. c. Breach Reporting Requirements: If the Contractor has actual knowledge of a confirmed data breach that affects the security of any purchasing entity’s content that is subject to applicable data breach notification law, the Contractor shall (1) as soon as possible or promptly without out reasonable delay notify the Purchasing Entity, unless shorter time is required by applicable law, and (2) take commercially reasonable measures to address the data breach in a timely manner.

5. Personal Data Breach Responsibilities: This section only applies when a Data Breach occurs with respect to Personal Data within the possession or control of the Contractor. a. The Contractor, unless stipulated otherwise, shall immediately notify the appropriate Purchasing Entity identified contact by telephone in accordance with the agreed upon security plan or security procedures if it reasonably believes there has been a security incident.
b. The Contractor, unless stipulated otherwise, shall promptly notify the appropriate Purchasing Entity identified contact within 48 hours or sooner by telephone, unless shorter time is required by applicable law, if it has confirmed that there is, or reasonably believes that there has been a Data Breach. The Contractor shall (1) cooperate with the Purchasing Entity as reasonably requested by the Purchasing Entity to investigate and resolve the Data Breach, (2) promptly implement necessary remedial measures, if necessary, and (3) Redlands Regular Meeting of 10-15-24
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document responsive actions taken related to the Data Breach, including any post-incident review of events and actions taken to make changes in business practices in providing the services, if necessary.

6. Notification of Legal Requests: If legally permissible, the Contractor shall contact the Purchasing Entity upon receipt of any electronic discovery, litigation holds, discovery searches and expert testimonies related to the Purchasing Entity’s data under the Master Agreement, or which in any way might reasonably require access to the data of the Purchasing Entity. The Contractor shall not respond to subpoenas, service of process and other legal requests related to the Purchasing Entity without first notifying and obtaining the approval of the Purchasing Entity, unless prohibited by law. .

7. Termination and Suspension of Service:
a. In the event of a termination of the Master Agreement or applicable Participating Addendum, the Contractor shall implement an orderly return of purchasing entity’s data in a CSV or another mutually agreeable format at a time agreed to by the parties or allow the Purchasing Entity to extract it’s data and the subsequent secure disposal of purchasing entity’s data.
b. During any period of service suspension, the Contractor shall not take any action to intentionally erase or otherwise dispose of any of the Purchasing Entity’s data. c. In the event of termination of any services or agreement in entirety, the Contractor shall not take any action to intentionally erase purchasing entity’s data for a period of:
• 10 days after the effective date of termination, if the termination is in accordance with the contract period
• 30 days after the effective date of termination, if the termination is for convenience
• • 60 days after the effective date of termination, if the termination is for cause After such period, the Contractor shall have no obligation to maintain or provide any purchasing entity’s data and shall thereafter, unless legally prohibited, delete all purchasing entity’s data in its systems or otherwise in its possession or under its control.

d. The purchasing entity shall be entitled to any post termination assistance generally made available with respect to the services, unless a unique data retrieval arrangement has been established as part of an SLA.
e. Upon termination of the Services or the Agreement in its entirety, Contractor shall securely dispose of all Purchasing Entity’s data in all of its forms, such as disk, CD/ DVD, Redlands Regular Meeting of 10-15-24
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backup tape and paper, unless stipulated otherwise by the Purchasing Entity. Data shall be permanently deleted and shall not be recoverable, according to National Institute of Standards and Technology (NIST)-approved methods. Certificates of destruction shall be provided to the Purchasing Entity.

8. Background Checks: Upon the request of the Purchasing Entity, the Contractor shall conduct criminal background checks and not utilize any staff, including subcontractors, to fulfill the obligations of the Master Agreement who have been convicted of any crime of dishonesty, including but not limited to criminal fraud, or otherwise convicted of any felony or misdemeanor offense for which incarceration for up to 1 year is an authorized penalty. The Contractor shall promote and maintain an awareness of the importance of securing the Purchasing Entity’s information among the Contractor’s employees and agents. If any of the stated personnel providing services under a Participating Addendum is not acceptable to the Purchasing Entity in its sole opinion as a result of the background or criminal history investigation, the Purchasing Entity, in its’ sole option shall have the right to either (1) request immediate replacement of the person, or (2) immediately terminate the Participating Addendum and any related service agreement.

9. Access to Security Logs and Reports: The Contractor shall provide reports on a schedule specified in the SLA to the Purchasing Entity in a format as specified in the SLA agreed to by both the Contractor and the Purchasing Entity. Reports shall include latency statistics, user access, user access IP address, user access history and security logs for all public jurisdiction files related to this Master Agreement and applicable Participating Addendum.

10. Contract Audit: The Contractor shall allow the Purchasing Entity to audit conformance to the Master Agreement terms. The Purchasing Entity may perform this audit or contract with a third party at its discretion and at the Purchasing Entity’s expense.

11. Data Center Audit: The Contractor shall perform an independent audit of its data centers at least annually at its expense, and provide an unredacted version of the audit report upon request to a Purchasing Entity. The Contractor may remove its proprietary information from the unredacted version. A Service Organization Control (SOC) 2 audit report or approved equivalent sets the minimum level of a third-party audit.

12. Change Control and Advance Notice: The Contractor shall give a minimum forty eight (48) hour advance notice (or as determined by a Purchasing Entity and included in the SLA) to the Purchasing Entity of any upgrades (e.g., major upgrades, minor upgrades, system changes) that may impact service availability and performance. A major upgrade is a replacement of hardware, software or firmware with a newer or better version in order to bring the system up to date or to improve its characteristics. It usually includes a new version number.

Contractor will make updates and upgrades available to Purchasing Entity at no additional costs when Contractor makes such updates and upgrades generally available to its users.

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No update, upgrade or other charge to the Service may decrease the Service’s functionality, adversely affect Purchasing Entity’s use of or access to the Service, or increase the cost of the Service to the Purchasing Entity.

Contractor will notify the Purchasing Entity at least sixty (60) days in advance prior to any major update or upgrade.

13. Security: As requested by a Purchasing Entity, the Contractor shall disclose its non-proprietary system security plans (SSP) or security processes and technical limitations to the Purchasing Entity such that adequate protection and flexibility can be attained between the Purchasing Entity and the Contractor. For example: virus checking and port sniffing — the Purchasing Entity and the Contractor shall understand each other’s roles and responsibilities.

14. Non-disclosure and Separation of Duties: The Contractor shall enforce separation of job duties, require commercially reasonable non-disclosure agreements, and limit staff knowledge of Purchasing Entity data to that which is absolutely necessary to perform job duties.

15. Import and Export of Data: The Purchasing Entity shall have the ability to import or export data in piecemeal or in entirety at its discretion without interference from the Contractor at any time during the term of Contractor’s contract with the Purchasing Entity. This includes the ability for the Purchasing Entity to import or export data to/from other Contractors. Contractor shall specify if Purchasing Entity is required to provide its’ own tools for this purpose, including the optional purchase of Contractors tools if Contractors applications are not able to provide this functionality directly.

16. Responsibilities and Uptime Guarantee: The Contractor shall be responsible for the acquisition and operation of all hardware, software and network support related to the services being provided. The technical and professional activities required for establishing, managing and maintaining the environments are the responsibilities of the Contractor. The system shall be available 24/7/365 (with agreed-upon maintenance downtime), and provide service to customers as defined in the SLA.

17. Subcontractor Disclosure: Contractor shall identify all of its strategic business partners related to services provided under this Master Agreement, including but not limited to all subcontractors or other entities or individuals who may be a party to a joint venture or similar agreement with the Contractor, and who shall be involved in any application development and/or operations.

18. Right to Remove Individuals: The Purchasing Entity shall have the right at any time to require that the Contractor remove from interaction with Purchasing Entity any Contractor representative who the Purchasing Entity believes is detrimental to its working relationship with the Contractor. The Purchasing Entity shall provide the Contractor with notice of its determination, and the reasons it requests the removal. If the Purchasing Entity signifies that a potential security violation exists with respect to the request, the Contractor shall immediately Redlands Regular Meeting of 10-15-24
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remove such individual. The Contractor shall not assign the person to any aspect of the Master Agreement or future work orders without the Purchasing Entity’s consent.

19. Business Continuity and Disaster Recovery: The Contractor shall provide a business continuity and disaster recovery plan upon request and ensure that the Purchasing Entity’s recovery time objective (RTO) of XXX hours/days is met. (XXX hour/days shall be provided to Contractor by the Purchasing Entity.) Contractor must work with the Purchasing Entity to perform an annual Disaster Recovery test and take action to correct any issues detected during the test in a time frame mutually agreed between the Contractor and the Purchasing Entity.

20. Compliance with Accessibility Standards: The Contractor shall comply with and adhere to Accessibility Standards of Section 508 Amendment to the Rehabilitation Act of 1973, or any other state laws or administrative regulations identified by the Participating Entity.

21. Web Services: The Contractor shall use Web services exclusively to interface with the Purchasing Entity’s data in near real time.

22. Encryption of Data at Rest: The Contractor shall ensure hard drive encryption consistent with validated cryptography standards as referenced in FIPS 140-2, Security Requirements for Cryptographic Modules for all Personal Data, unless the Purchasing Entity approves in writing for the storage of Personal Data on a Contractor portable device in order to accomplish work as defined in the statement of work.

23. Subscription Terms: Contractor grants to a Purchasing Entity a license to: (i) access and use the Service for its business purposes; (ii) for SaaS, use underlying software as embodied or used in the Service; and (iii) view, copy, upload and download (where applicable), and use Contractor’s documentation.

No Contractor terms, including standard click through license or website terms or use of privacy policy, shall apply to Purchasing Entities unless such terms are included in this Master Agreement.

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Exhibit 2 to the Master Agreement: Platform-as-a-Service

1. Data Ownership: The Purchasing Entity will own all right, title and interest in its data that is related to the Services provided by this Master Agreement. The Contractor shall not access Purchasing Entity user accounts or Purchasing Entity data, except (1) in the course of data center operations, (2) in response to service or technical issues, (3) as required by the express terms of this Master Agreement, Participating Addendum, SLA, and/or other contract documents, or (4) at the Purchasing Entity’s written request.

Contractor shall not collect, access, or use user-specific Purchasing Entity Data except as strictly necessary to provide Service to the Purchasing Entity. No information regarding a Purchasing Entity’s use of the Service may be disclosed, provided, rented or sold to any third party for any reason unless required by law or regulation or by an order of a court of competent jurisdiction. This obligation shall survive and extend beyond the term of this Master Agreement.

2. Data Protection: Protection of personal privacy and data shall be an integral part of the business activities of the Contractor to ensure there is no inappropriate or unauthorized use of Purchasing Entity information at any time. To this end, the Contractor shall safeguard the confidentiality, integrity and availability of Purchasing Entity information and comply with the following conditions:
a. The Contractor shall implement and maintain appropriate administrative, technical and organizational security measures to safeguard against unauthorized access, disclosure or theft of Personal Data and Non-Public Data. Such security measures shall be in accordance with recognized industry practice and not less stringent than the measures the Contractor applies to its own Personal Data and Non-Public Data of similar kind. b. All data obtained by the Contractor in the performance of the Master Agreement shall become and remain the property of the Purchasing Entity. c. All Personal Data shall be encrypted at rest and in transit with controlled access. Unless otherwise stipulated, the Contractor is responsible for encryption of the Personal Data.

Any stipulation of responsibilities will identify specific roles and responsibilities and shall be included in the service level agreement (SLA), or otherwise made a part of the Master Agreement.
d. Unless otherwise stipulated, the Contractor shall encrypt all Non-Public Data at rest and in transit. The Purchasing Entity shall identify data it deems as Non-Public Data to the Contractor. The level of protection and encryption for all Non-Public Data shall be identified in the SLA.
e. At no time shall any data or processes — that either belong to or are intended for the use of a Purchasing Entity or its officers, agents or employees — be copied, disclosed or retained by the Contractor or any party related to the Contractor for subsequent use in any transaction that does not include the Purchasing Entity.

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f. The Contractor shall not use any information collected in connection with the Services issued from this Master Agreement for any purpose other than fulfilling the Services.

3. Data Location: The Contractor shall provide its services to the Purchasing Entity and its end users solely from data centers in the U.S. Storage of Purchasing Entity data at rest shall be located solely in data centers in the U.S. The Contractor shall not allow its personnel or contractors to store Purchasing Entity data on portable devices, including personal computers, except for devices that are used and kept only at its U.S. data centers. The Contractor shall permit its personnel and contractors to access Purchasing Entity data remotely only as required to provide technical support. The Contractor may provide technical user support on a 24/7 basis using a Follow the Sun model, unless otherwise prohibited in a Participating Addendum.

4. Security Incident or Data Breach Notification: The Contractor shall inform the Purchasing Entity of any security incident or data breach within the possession and control of the Contractor and related to the service provided under the Master Agreement, Participating Addendum, or SLA.

Such notice shall include, to the best of Contractor’s knowledge at that time, the persons affected, their identities, and the Confidential Information and Data disclosed, or shall include if this information is unknown.
a. Incident Response: The Contractor may need to communicate with outside parties regarding a security incident, which may include contacting law enforcement, fielding media inquiries and seeking external expertise as mutually agreed upon, defined by law or contained in the Master Agreement, Participating Addendum, or SLA. Discussing security incidents with the Purchasing Entity should be handled on an urgent as-needed basis, as part of Contractor’s communication and mitigation processes as mutually agreed, defined by law or contained in the Master Agreement, Participating Addendum, or SLA.
b. Security Incident Reporting Requirements: Unless otherwise stipulated, the Contractor shall immediately report a security incident related to its service under the Master Agreement, Participating Addendum, or SLA to the appropriate Purchasing Entity. c. Breach Reporting Requirements: If the Contractor has actual knowledge of a confirmed data breach that affects the security of any Purchasing Entity data that is subject to applicable data breach notification law, the Contractor shall (1) promptly notify the appropriate Purchasing Entity within 48 hours or sooner, unless shorter time is required by applicable law, and (2) take commercially reasonable measures to address the data breach in a timely manner

5. Breach Responsibilities: This section only applies when a Data Breach occurs with respect to Personal Data within the possession or control of the Contractor. a. The Contractor, unless stipulated otherwise, shall immediately notify the appropriate Purchasing Entity identified contact by telephone in accordance with the agreed upon security plan or security procedures if it reasonably believes there has been a security incident.

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b. The Contractor, unless stipulated otherwise, shall promptly notify the appropriate Purchasing Entity identified contact within 24 hours or sooner by telephone, unless shorter time is required by applicable law, if it has confirmed that there is, or reasonably believes that there has been a data breach. The Contractor shall (1) cooperate with the Purchasing Entity as reasonably requested by the Purchasing Entity to investigate and resolve the data breach, (2) promptly implement necessary remedial measures, if necessary, and (3) document responsive actions taken related to the data breach, including any post-incident review of events and actions taken to make changes in business practices in providing the services, if necessary.

6. Notification of Legal Requests: If legally permissible, the Contractor shall contact the Purchasing Entity upon receipt of any electronic discovery, litigation holds, discovery searches and expert testimonies related to the Purchasing Entity’s data under the Master Agreement, or which in any way might reasonably require access to the data of the Purchasing Entity. The Contractor shall not respond to subpoenas, service of process and other legal requests related to the Purchasing Entity without first notifying and obtaining the approval of the Purchasing Entity, unless prohibited by law.

7. Termination and Suspension of Service:
a. In the event of an early termination of the Master Agreement, Participating or SLA, Contractor shall allow for the Purchasing Entity to retrieve its digital content and provide for the subsequent secure disposal of the Purchasing Entity’s digital content. b. During any period of service suspension, the Contractor shall not take any action to intentionally erase or otherwise dispose of any of the Purchasing Entity’s data. c. In the event of early termination of any Services or agreement in entirety, the Contractor shall not take any action to intentionally erase any Purchasing Entity’s data for a period of 1) 45 days after the effective date of termination, if the termination is for convenience; or 2) 60 days after the effective date of termination, if the termination is for cause. After such day period, the Contractor shall have no obligation to maintain or provide any Purchasing Entity data and shall thereafter, unless legally prohibited, delete all Purchasing Entity data in its systems or otherwise in its possession or under its control.

In the event of either termination for cause, the Contractor will impose no fees for access and retrieval of digital content to the Purchasing Entity. d. The Purchasing Entity shall be entitled to any post termination assistance generally made available with respect to the services, unless a unique data retrieval arrangement has been established as part of an SLA.
e. Upon termination of the Services or the Agreement in its entirety, Contractor shall securely dispose of all Purchasing Entity’s data in all of its forms, such as disk, CD/ DVD, backup tape and paper, unless stipulated otherwise by the Purchasing Entity. Data shall be permanently deleted and shall not be recoverable, according to National Institute of Redlands Regular Meeting of 10-15-24
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Standards and Technology (NIST)-approved methods. Certificates of destruction shall be provided to the Purchasing Entity.

8. Background Checks:
a. Upon the request of the Purchasing Entity, the Contractor shall conduct criminal background checks and not utilize any staff, including subcontractors, to fulfill the obligations of the Master Agreement who have been convicted of any crime of dishonesty, including but not limited to criminal fraud, or otherwise convicted of any felony or misdemeanor offense for which incarceration for up to 1 year is an authorized penalty. The Contractor shall promote and maintain an awareness of the importance of securing the Purchasing Entity’s information among the Contractor’s employees and agents.
b. The Contractor and the Purchasing Entity recognize that security responsibilities are shared. The Contractor is responsible for providing a secure infrastructure. The Purchasing Entity is responsible for its secure guest operating system, firewalls and other logs captured within the guest operating system. Specific shared responsibilities are identified within the SLA.
c. If any of the stated personnel providing services under a Participating Addendum is not acceptable to the Purchasing Entity in its sole opinion as a result of the background or criminal history investigation, the Purchasing Entity, in its’ sole option shall have the right to either (1) request immediate replacement of the person, or (2) immediately terminate the Participating Addendum and any related service agreement.

9. Access to Security Logs and Reports:
a. The Contractor shall provide reports on a schedule specified in the SLA to the Purchasing Entity in a format as specified in the SLA and agreed to by both the Contractor and the Purchasing Entity. Reports will include latency statistics, user access, user access IP address, user access history and security logs for all Purchasing Entity files related to the Master Agreement, Participating Addendum, or SLA.
b. The Contractor and the Purchasing Entity recognize that security responsibilities are shared. The Contractor is responsible for providing a secure infrastructure. The Purchasing Entity is responsible for its secure guest operating system, firewalls and other logs captured within the guest operating system. Specific shared responsibilities are identified within the SLA.

10. Contract Audit: The Contractor shall allow the Purchasing Entity to audit conformance to the Master Agreement terms. The Purchasing Entity may perform this audit or contract with a third party at its discretion and at the Purchasing Entity’s expense.

11. Data Center Audit: The Contractor shall perform an independent audit of its data centers at least annually at its expense, and provide an unredacted version of the audit report upon Redlands Regular Meeting of 10-15-24
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request to a Purchasing Entity. The Contractor may remove its proprietary information from the unredacted version. A Service Organization Control (SOC) 2 audit report or approved equivalent sets the minimum level of a third-party audit.

12. Change Control and Advance Notice: The Contractor shall give a minimum forty eight (48) hour advance notice (or as determined by a Purchasing Entity and included in the SLA) to the Purchasing Entity of any upgrades (e.g., major upgrades, minor upgrades, system changes) that may impact service availability and performance. A major upgrade is a replacement of hardware, software or firmware with a newer or better version in order to bring the system up to date or to improve its characteristics. It usually includes a new version number.

Contractor will make updates and upgrades available to Purchasing Entity at no additional costs when Contractor makes such updates and upgrades generally available to its users.

No update, upgrade or other charge to the Service may decrease the Service’s functionality, adversely affect Purchasing Entity’s use of or access to the Service, or increase the cost of the Service to the Purchasing Entity.

Contractor will notify the Purchasing Entity at least sixty (60) days in advance prior to any major update or upgrade.

13. Security: As requested by a Purchasing Entity, the Contractor shall disclose its non-proprietary system security plans (SSP) or security processes and technical limitations to the Purchasing Entity such that adequate protection and flexibility can be attained between the Purchasing Entity and the Contractor. For example: virus checking and port sniffing — the Purchasing Entity and the Contractor shall understand each other’s roles and responsibilities.

14. Non-disclosure and Separation of Duties: The Contractor shall enforce separation of job duties, require commercially reasonable non-disclosure agreements, and limit staff knowledge of Purchasing Entity data to that which is absolutely necessary to perform job duties.

15. Import and Export of Data: The Purchasing Entity shall have the ability to import or export data in piecemeal or in entirety at its discretion without interference from the Contractor at any time during the term of Contractor’s contract with the Purchasing Entity. This includes the ability for the Purchasing Entity to import or export data to/from other Contractors. Contractor shall specify if Purchasing Entity is required to provide its’ own tools for this purpose, including the optional purchase of Contractors tools if Contractors applications are not able to provide this functionality directly.

16. Responsibilities and Uptime Guarantee: The Contractor shall be responsible for the acquisition and operation of all hardware, software and network support related to the services being provided. The technical and professional activities required for establishing, managing and maintaining the environments are the responsibilities of the Contractor. The system shall be available 24/7/365 (with agreed-upon maintenance downtime), and provide service to customers as defined in the SLA.

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17. Subcontractor Disclosure: Contractor shall identify all of its strategic business partners related to services provided under this Master Agreement, including but not limited to all subcontractors or other entities or individuals who may be a party to a joint venture or similar agreement with the Contractor, and who shall be involved in any application development and/or operations.

18. Business Continuity and Disaster Recovery: The Contractor shall provide a business continuity and disaster recovery plan upon request and ensure that the Purchasing Entity’s recovery time objective (RTO) of XXX hours/days is met. (XXX hour/days shall be provided to Contractor by the Purchasing Entity.) Contractor must work with the Purchasing Entity to perform an annual Disaster Recovery test and take action to correct any issues detected during the test in a time frame mutually agreed between the Contractor and the Purchasing Entity.

19. Compliance with Accessibility Standards: The Contractor shall comply with and adhere to Accessibility Standards of Section 508 Amendment to the Rehabilitation Act of 1973 or any other state laws or administrative regulations identified by the Participating Entity..

20. Web Services: The Contractor shall use Web services exclusively to interface with the Purchasing Entity’s data in near real time.

21. Encryption of Data at Rest: The Contractor shall ensure hard drive encryption consistent with validated cryptography standards as referenced in FIPS 140-2, Security Requirements for Cryptographic Modules for all Personal Data as identified in the SLA, unless the Contractor presents a justifiable position that is approved by the Purchasing Entity that Personal Data, is required to be stored on a Contractor portable device in order to accomplish work as defined in the scope of work.

22. Subscription Terms: Contractor grants to a Purchasing Entity a license to: (i) access and use the Service for its business purposes; (ii) for PaaS, use underlying software as embodied or used in the Service; and (iii) view, copy, upload and download (where applicable), and use Contractor’s documentation.

No Contractor terms, including standard click through license or website terms or use of privacy policy, shall apply to Purchasing Entities unless such terms are included in this Master Agreement.

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Exhibit 3 to the Master Agreement: Infrastructure-as-a-Service

1. Data Ownership: The Purchasing Entity will own all right, title and interest in its data that is related to the Services provided by this Master Agreement. The Contractor shall not access Purchasing Entity user accounts or Purchasing Entity data, except (1) in the course of data center operations, (2) in response to service or technical issues, (3) as required by the express terms of this Master Agreement, Participating Addendum, SLA, and/or other contract documents, or (4) at the Purchasing Entity’s written request.

Contractor shall not collect, access, or use user-specific Purchasing Entity Data except as strictly necessary to provide Service to the Purchasing Entity. No information regarding a Purchasing Entity’s use of the Service may be disclosed, provided, rented or sold to any third party for any reason unless required by law or regulation or by an order of a court of competent jurisdiction. This obligation shall survive and extend beyond the term of this Master Agreement.

2. Data Protection: Protection of personal privacy and data shall be an integral part of the business activities of the Contractor to ensure there is no inappropriate or unauthorized use of Purchasing Entity information at any time. To this end, the Contractor shall safeguard the confidentiality, integrity and availability of Purchasing Entity information and comply with the following conditions:
a. The Contractor shall implement and maintain appropriate administrative, technical and organizational security measures to safeguard against unauthorized access, disclosure or theft of Personal Data and Non-Public Data. Such security measures shall be in accordance with recognized industry practice and not less stringent than the measures the Contractor applies to its own Personal Data and Non-Public Data of similar kind. b. All data obtained by the Contractor in the performance of the Master Agreement shall become and remain the property of the Purchasing Entity. c. All Personal Data shall be encrypted at rest and in transit with controlled access. Unless otherwise stipulated, the Contractor is responsible for encryption of the Personal Data. Any stipulation of responsibilities will identify specific roles and responsibilities and shall be included in the service level agreement (SLA), or otherwise made a part of the Master Agreement.
d. Unless otherwise stipulated, the Contractor shall encrypt all Non-Public Data at rest and in transit. The Purchasing Entity shall identify data it deems as Non-Public Data to the Contractor. The level of protection and encryption for all Non-Public Data shall be identified in the SLA.
e. At no time shall any data or processes — that either belong to or are intended for the use of a Purchasing Entity or its officers, agents or employees — be copied, disclosed or retained by the Contractor or any party related to the Contractor for subsequent use in any transaction that does not include the Purchasing Entity.

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f. The Contractor shall not use any information collected in connection with the Services issued from this Master Agreement for any purpose other than fulfilling the Services.

3. Data Location: The Contractor shall provide its services to the Purchasing Entity and its end users solely from data centers in the U.S. Storage of Purchasing Entity data at rest shall be located solely in data centers in the U.S. The Contractor shall not allow its personnel or contractors to store Purchasing Entity data on portable devices, including personal computers, except for devices that are used and kept only at its U.S. data centers. The Contractor shall permit its personnel and contractors to access Purchasing Entity data remotely only as required to provide technical support. The Contractor may provide technical user support on a 24/7 basis using a Follow the Sun model, unless otherwise prohibited in a Participating Addendum.

4. Security Incident or Data Breach Notification: The Contractor shall inform the Purchasing Entity of any security incident or data breach related to Purchasing Entity’s Data within the possession or control of the Contractor and related to the service provided under the Master Agreement, Participating Addendum, or SLA. Such notice shall include, to the best of Contractor’s knowledge at that time, the persons affected, their identities, and the Confidential Information and Data disclosed, or shall include if this information is unknown. a. Security Incident Reporting Requirements: The Contractor shall report a security incident to the Purchasing Entity identified contact immediately as soon as possible or promptly without out reasonable delay, or as defined in the SLA. b. Breach Reporting Requirements: If the Contractor has actual knowledge of a confirmed data breach that affects the security of any purchasing entity’s content that is subject to applicable data breach notification law, the Contractor shall (1) as soon as possible or promptly without out reasonable delay notify the Purchasing Entity, unless shorter time is required by applicable law, and (2) take commercially reasonable measures to address the data breach in a timely manner.

5. Breach Responsibilities: This section only applies when a Data Breach occurs with respect to Personal Data within the possession or control of the Contractor and related to the service provided under the Master Agreement, Participating Addendum, or SLA. a. The Contractor, unless stipulated otherwise, shall immediately notify the appropriate Purchasing Entity identified contact by telephone in accordance with the agreed upon security plan or security procedures if it reasonably believes there has been a security incident.
b. The Contractor, unless stipulated otherwise, shall promptly notify the appropriate Purchasing Entity identified contact within 48 hours or sooner by telephone, unless shorter time is required by applicable law, if it has confirmed that there is, or reasonably believes that there has been a data breach. The Contractor shall (1) cooperate with the Purchasing Entity as reasonably requested by the Purchasing Entity to investigate and resolve the Data Breach, (2) promptly implement necessary remedial measures, if necessary, and (3) document responsive actions taken related to the Data Breach, including any post-incident Redlands Regular Meeting of 10-15-24
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review of events and actions taken to make changes in business practices in providing the services, if necessary.

6. Notification of Legal Requests: If legally permissible, the Contractor shall contact the Purchasing Entity upon receipt of any electronic discovery, litigation holds, discovery searches and expert testimonies related to the Purchasing Entity’s data under the Master Agreement, or which in any way might reasonably require access to the data of the Purchasing Entity. The Contractor shall not respond to subpoenas, service of process and other legal requests related to the Purchasing Entity without first notifying and obtaining the approval of the Purchasing Entity, unless prohibited by law.

7. Termination and Suspension of Service:
a. In the event of an early termination of the Master Agreement, Participating or SLA, Contractor shall allow for the Purchasing Entity to retrieve its digital content and provide for the subsequent secure disposal of the Purchasing Entity’s digital content. b. During any period of service suspension, the Contractor shall not take any action to intentionally erase or otherwise dispose of any of the Purchasing Entity’s data. c. In the event of early termination of any Services or agreement in entirety, the Contractor shall not take any action to intentionally erase any Purchasing Entity’s data for a period of 1) 45 days after the effective date of termination, if the termination is for convenience; or 2) 60 days after the effective date of termination, if the termination is for cause. After such day period, the Contractor shall have no obligation to maintain or provide any Purchasing Entity data and shall thereafter, unless legally prohibited, delete all Purchasing Entity data in its systems or otherwise in its possession or under its control. In the event of either termination for cause, the Contractor will impose no fees for access and retrieval of digital content to the Purchasing Entity.
d. The Purchasing Entity shall be entitled to any post termination assistance generally made available with respect to the services, unless a unique data retrieval arrangement has been established as part of an SLA.
e. Upon termination of the Services or the Agreement in its entirety, Contractor shall securely dispose of all Purchasing Entity’s data in all of its forms, such as disk, CD/ DVD, backup tape and paper, unless stipulated otherwise by the Purchasing Entity. Data shall be permanently deleted and shall not be recoverable, according to National Institute of Standards and Technology (NIST)-approved methods. Certificates of destruction shall be provided to the Purchasing Entity.

8. Background Checks:
a. Upon the request of the Purchasing Entity, the Contractor shall conduct criminal background checks and not utilize any staff, including subcontractors, to fulfill the obligations of the Master Agreement who have been convicted of any crime of dishonesty, Redlands Regular Meeting of 10-15-24
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including but not limited to criminal fraud, or otherwise convicted of any felony or misdemeanor offense for which incarceration for up to 1 year is an authorized penalty. The Contractor shall promote and maintain an awareness of the importance of securing the Purchasing Entity’s information among the Contractor’s employees and agents. b. The Contractor and the Purchasing Entity recognize that security responsibilities are shared. The Contractor is responsible for providing a secure infrastructure. The Purchasing Entity is responsible for its secure guest operating system, firewalls and other logs captured within the guest operating system. Specific shared responsibilities are identified within the SLA.
c. If any of the stated personnel providing services under a Participating Addendum is not acceptable to the Purchasing Entity in its sole opinion as a result of the background or criminal history investigation, the Purchasing Entity, in its’ sole option shall have the right to either (1) request immediate replacement of the person, or (2) immediately terminate the Participating Addendum and any related service agreement.

9. Access to Security Logs and Reports:
a. The Contractor shall provide reports on a schedule specified in the SLA to the Contractor directly related to the infrastructure that the Contractor controls upon which the Purchasing Entity’s account resides. Unless otherwise agreed to in the SLA, the Contractor shall provide the public jurisdiction a history or all API calls for the Purchasing Entity account that includes the identity of the API caller, the time of the API call, the source IP address of the API caller, the request parameters and the response elements returned by the Contractor. The report will be sufficient to enable the Purchasing Entity to perform security analysis, resource change tracking and compliance auditing b. The Contractor and the Purchasing Entity recognize that security responsibilities are shared. The Contractor is responsible for providing a secure infrastructure. The Purchasing Entity is responsible for its secure guest operating system, firewalls and other logs captured within the guest operating system. Specific shared responsibilities are identified within the SLA.

10. Contract Audit: The Contractor shall allow the Purchasing Entity to audit conformance to the Master Agreement terms. The Purchasing Entity may perform this audit or contract with a third party at its discretion and at the Purchasing Entity’s expense.

11. Data Center Audit: The Contractor shall perform an independent audit of its data centers at least annually and at its own expense, and provide an unredacted version of the audit report upon request. The Contractor may remove its proprietary information from the unredacted version. For example, a Service Organization Control (SOC) 2 audit report would be sufficient.

12. Change Control and Advance Notice: The Contractor shall give a minimum forty eight (48) hour advance notice (or as determined by a Purchasing Entity and included in the SLA) to the Purchasing Entity of any upgrades (e.g., major upgrades, minor upgrades, system changes) that Redlands Regular Meeting of 10-15-24
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may impact service availability and performance. A major upgrade is a replacement of hardware, software or firmware with a newer or better version in order to bring the system up to date or to improve its characteristics. It usually includes a new version number.

Contractor will make updates and upgrades available to Purchasing Entity at no additional costs when Contractor makes such updates and upgrades generally available to its users.

No update, upgrade or other charge to the Service may decrease the Service’s functionality, adversely affect Purchasing Entity’s use of or access to the Service, or increase the cost of the Service to the Purchasing Entity.

Contractor will notify the Purchasing Entity at least sixty (60) days in advance prior to any major update or upgrade.

13. Security: As requested by a Purchasing Entity, the Contractor shall disclose its non-proprietary system security plans (SSP) or security processes and technical limitations to the Purchasing Entity such that adequate protection and flexibility can be attained between the Purchasing Entity and the Contractor. For example: virus checking and port sniffing — the Purchasing Entity and the Contractor shall understand each other’s roles and responsibilities.

14. Non-disclosure and Separation of Duties: The Contractor shall enforce separation of job duties, require commercially reasonable non-disclosure agreements, and limit staff knowledge of Purchasing Entity data to that which is absolutely necessary to perform job duties.

15. Import and Export of Data: The Purchasing Entity shall have the ability to import or export data in piecemeal or in entirety at its discretion without interference from the Contractor at any time during the term of Contractor’s contract with the Purchasing Entity. This includes the ability for the Purchasing Entity to import or export data to/from other Contractors. Contractor shall specify if Purchasing Entity is required to provide its’ own tools for this purpose, including the optional purchase of Contractors tools if Contractors applications are not able to provide this functionality directly.

16. Responsibilities and Uptime Guarantee: The Contractor shall be responsible for the acquisition and operation of all hardware, software and network support related to the services being provided. The technical and professional activities required for establishing, managing and maintaining the environments are the responsibilities of the Contractor. The system shall be available 24/7/365 (with agreed-upon maintenance downtime), and provide service to customers as defined in the SLA.

17. Subcontractor Disclosure: Contractor shall identify all of its strategic business partners related to services provided under this Master Agreement, including but not limited to all subcontractors or other entities or individuals who may be a party to a joint venture or similar agreement with the Contractor, and who shall be involved in any application development and/or operations.

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18. Business Continuity and Disaster Recovery: The Contractor shall provide a business continuity and disaster recovery plan upon request and ensure that the Purchasing Entity’s recovery time objective (RTO) of XXX hours/days is met. (XXX hour/days shall be provided to Contractor by the Purchasing Entity.) Contractor must work with the Purchasing Entity to perform an annual Disaster Recovery test and take action to correct any issues detected during the test in a time frame mutually agreed between the Contractor and the Purchasing Entity.

19. Subscription Terms: Contractor grants to a Purchasing Entity a license to: (i) access and use the Service for its business purposes; (ii) for IaaS, use underlying software as embodied or used in the Service; and (iii) view, copy, upload and download (where applicable), and use Contractor’s documentation.

No Contractor terms, including standard click through license or website terms or use of privacy policy, shall apply to Purchasing Entities unless such terms are included in this Master Agreement via amendment.

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AttachmentB ʹ Identification of Service Models Matrix
Offerors
must complete the following form to identify the service models your firm offers under this RFP. You may provide a list of the different SaaS, IaaS, and/or PaaS services that you offer, including the Categorization of Risk that you have the ability to store and secure. This document is to provide purchasing entities and eligible users a quick snap shot of the cloud solutions your firm provides.

Service Model: Low Risk Data Moderate Risk Data High Risk Data Deployment Models Offered:

Saas Varies by
Manufacturer
Offer
Varies by
Manufacturer
Offer
Varies by
Manufacturer
Offer
AODocs, CA Technologies, DocuSign, FireEye,
Goog
le, QTS, Salesforce, SAP, ServiceNow,
Virtru, VMware
IaaS Varies by
Manufacturer
Offer
Varies by
Manufacturer
Offer
Varies by
Manufacturer
Offer
FireEye, Google, QTS, Virtustream, VMware
PaaS Varies by
Manufacturer
Offer
Varies by
Manufacturer
Offer
Varies by
Manufacturer
Offer
Google, QTS, Salesforce, SAP, ServiceNow,
Virtustream
CĂƌĂŚƐŽĨƚΖƐ ƐŽůƵƚŝŽŶ ƉƌŽǀŝĚĞƌƐ ĞĂĐŚ ŚĂǀĞ ĚŝĨĨĞƌĞŶƚ ĨŽƌŵƐ ĂŶĚ ƉƌŽĐĞĚƵƌĞƐ ĨŽƌ ƉƌŽǀŝĚŝŶŐ ƐŽůƵƚŝŽŶƐ ĂŶĚ ƐĞƌǀŝĐĞƐ ǁŝƚŚ ǀĂƌLJŝŶŐ ůĞǀĞůƐ ŽĨ ĚĂƚĂ ŵĂŶĂŐĞŵĞŶƚ ĨŽƌ ĞĂĐŚ ƐŽůƵƚŝŽŶ͘ PůĞĂƐĞ ƐĞĞ CĂƌĂŚƐŽĨƚΖƐ TĞĐŚŶŝĐĂů RĞƐƉŽŶƐĞ ĨŽƌ ĂĚĚŝƚŝŽŶĂů ŝŶĨŽƌŵĂƚŝŽŶ ƌĞŐĂƌĚŝŶŐ ƌŝƐŬ ĚĂƚĂ ŵĂŶ ĂŐĞŵĞŶƚ ŽĨ ůŽǁ͕
ŵŽĚĞƌĂƚĞ͕ ĂŶĚ ŚŝŐŚ ƌŝƐŬ ĚĂƚĂ͘
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Attachment C – Cost Schedule
_________________________________________________________________________________________________ Solicitation Number CH16012
NASPO ValuePoint Cloud Solutions RFP
Cloud Solutions By Category. Specify Discount Percent % Offered for products in each category. Highest discount will apply for products referenced in detail listings for multiple categories. Provide a detailed product offering for each category.

Software as a Service Discount % 0-21.60
Infrastructure as a Service Discount % _0-10__
Platform as a Services Discount % _0-11__
Value Added Services Discount % _0-13__
-------------------------------------------------------------------------------------------------------------------------- Additional Value Added Services:

Maintenance Services
Onsite Hourly Rate $ _250________
Remote Hourly Rate $ _175_______
Professional Services
 Deployment Services Onsite Hourly Rate $ __350_______ Remote Hourly Rate $ _275_______
 Consulting/Advisory Services Onsite Hourly Rate $ __300_______ Remote Hourly Rate $ _225_______
 Architectural Design Services Onsite Hourly Rate $ __300__ _____ Remote Hourly Rate $ _225_______
 Statement of Work Services Onsite Hourly Rate $ __250_______ Remote Hourly Rate $ _175_______
Partner Services Onsite Hourly Rate $ ___250______
Remo
te Hourly Rate $ __175______
Tr
aining Deployment Services Onsite Hourly Rate $ ___250______ Online Hourly Rate $ ___175______
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City Council Meeting I. 11.

DATE: 10/15/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Cooperative Agreement Time Extension with the San Bernardino County Transportation Authority (SBCTA) for the Interstate 10/Alabama Street Improvement Project and determine that approval of a Third Amendment to the Cooperative Agreement with SBCTA is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move to determine that approval of a Third Amendment to the Cooperative Agreement with SBCTA is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act; and

1. I move that City Council approve a Cooperative Agreement Time Extension with SBCTA.

2. RECOMMENDATION:

Staff recommends City Council approval of a Cooperative Agreement Time Extension with SBCTA for the Interstate 10/Alabama Street Improvement Project.

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DISCUSSION:

The Interstate 10 (I-10)/Alabama Street Improvement Project (Project) is listed as the sixth-highest priority Measure I project for the 2010-2040 Freeway Interchange Program. Alabama Street is a north-to-south primary arterial within the City of Redlands (City) that serves shopping centers, local businesses, logistics centers, and residential communities. This segment of Alabama Street experiences high levels of traffic congestion and significant commuter delays. In May 2016, the City Council approved Cooperative Agreement No. 17-1001603 (Agreement) with SBCTA to define Project roles, responsibilities, funding, and to identify SBCTA as the lead agency for Project administration. In June 2020, the City Council approved Agreement Amendment No. 1 to redefine each Party's funding responsibilities based on a revised Project construction cost estimate, and to update the Project schedule. In October 2022, the City Council approved Agreement Amendment No. 2 to update the Project schedule.

The Project widened and added dedicated right-turn lanes to the eastbound and westbound off-ramps. Construction was substantially completed in early 2023 and the Agreement will expire on December 31, 2024. Agreement Amendment No. 3 extends the Agreement expiration date by four (4) years to December 31, 2028, to cover the four-year extended landscape maintenance period, after which the Project may be administratively closed.

Furthermore, approval of the Third Amendment to the Cooperative Agreement with SBCTA is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act (CEQA) as the activity will not have a significant effect on the environment.

ALTERNATIVES:

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

STRATEGIC PLAN:

N/A
SUBMITTED BY:

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

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

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REVIEWED BY:

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

Goutam K. Dobey, City Engineer
Fiscal Impact
Discussion:

There is no fiscal impact associated with this action.

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Attachments
A. Amendment No. 3 to SBCTA Cooperative Agreement - I-10 Alabama Interchange
B. SBCTA Coop Agreement (Reference only)
C. SBCTA Coop Agreement - 1st Amend (Reference only)
D. SBCTA Coop Agreement - 2nd Amend (Reference only)
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17-1001603-2

AMENDMENT NO. 3
TO COOPERATIVE AGREEMENT NO. 17-1001603

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF REDLANDS
FOR

PLANNING, PROJECT REPORT AND ENVIRONMENTAL DOCUMENT,

PLANS, SPECIFICATIONS AND ESTIMATE (PS&E), RIGHT-OF-WAY (ROW),

AND CONSTRUCTION PHASES FOR THE ALABAMA STREET AND
INTERSTATE 10 IN THE CITY OF REDLANDS

THIS AMENDMENT No. 3 to the Cooperative Agreement No. 17-1001603 (AGREEMENT) is made and entered into by and between the San Bernardino County Transportation Authority (hereinafter referred t o as AUTHORITY) and the City of Redlands (hereinafter referred to as CITY). AUTHORITY and CITY may be referred to herein as a “PARTY” and collectively “PARTIES”.

RECITALS
A. AUTHORITY and CITY entered into the AGREEMENT on November 9, 2016, to delineate their respective roles, responsibilities, and funding commitments relative to the Project Management, Planning, Environmental, PS&E, ROW and Construction activities of the Interstate 10 (I -10) Alabama Street Improvement Project in the City of Redlands (PROJECT); and
B. AUTHORITY and CITY entered into Amendment No. 1 on August 17, 2020 to redefine their respective funding responsibilities based on the revised PROJECT costs and to provide a new, updated, estimated schedule for completion of the PROJECT; and
C. AUTHORITY and CITY entered into Amendment No. 2 on October 25, 2022 to extend the AGREEMENT termination date from December 31, 2022 to December 31, 2024 and to update the Project schedule; and D. PARTIES now desire to amend the AGREEMENT to extend the AGREEMENT termination date to December 31, 2028 and to update the Project schedule to cover the four-year extended landscape maintenance period as well as the closeout activities for the Project.

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2 17-1001603-3

IT IS THEREFORE MUTUALLY AGREED TO AMEND THE AGREEMENT
AS FOLLOWS:

1. Section I. B of the AGREEMENT is amended in its entirety to read as follows:
“This Agreement shall terminate upon completion of the AUTHORITY’s management of the planning, environmental, design, right of way (to include both ROW acquisition and utility relocation work) and construction, or December 31, 2028, whichever is earlier in time, except that the indemnification provisions shall remain in effect until terminated or modified, in writing, by mutual agreement.

Should any claims arising out of this Agreement be asserted against one of the Parties, the Parties agree to extend the fixed termination date of this Agreement, until such time as the claims are settled, dismissed or paid.”

2. The Project Schedule in Attachment A to the AGREEMENT is amended and replaced in its entirety with the Project Schedule in Attachment A to this AMENDMENT No. 3, incorporated by this reference.

3. Except as amended by this AMENDMENT No. 3, a ll other provisions of the AGREEMENT, including all previous amendments, shall remain in full force and effect and are incorporated herein by this reference

4. The Recitals set forth above are incorporated herein by this reference.

5. This AMENDMENT No. 3 is effective upon execution by AUTHORITY.

--------------------------SIGNATURES ON FOLLOWING PAGE---------------------------- Redlands Regular Meeting of 10-15-24
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3 17-1001603-3

SIGNATURE PAGE TO
AMENDMENT NO. 3 TO COOPERATIVE AGREEMENT NO. 17-1001603

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
and CITY OF REDLANDS

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY

CITY OF REDLANDS

By:___ ________________________

By:__________________________
Raymond W. Wolfe Eddie Tejeda
Executive Director Mayor, City of Redlands

Date:__________________________

Date:__________________________

APPROVED AS TO FORM APPROVED AS TO FORM AND
PROCEDURE:

By:____________________________

By:____________________________
Julianna K. Tillquist Yvette Abich Garcia
General Counsel

City Attorney

ATTEST:

By: ____________________________
Jeanne Donaldson
City Clerk

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4 17-1001603-3
Attachment A

PROJECT DESCRIPTION

The project funding is based on a design layout that adds two lanes each on the westbound and eastbound off-ramps, adds a northbound right-turn lane to eastbound on- ramp, and adds a southbound right-turn lane to the westbound on-ramp.

PROJECT FUNDING TABLE
Public Share: 49.5%
Nexus Development Impact Fee Share (DIF or “Local Share”): 50.5% Caltrans Financial Contribution (FCO): Lump Sum $1,250,000

Project Cost* Public Share** DIF Caltrans FCO***
Planning,
Environmental,
Design, and Right -
of-way
$1,920,600 $950,697 $969,903 $0
Construction
Management
$1,500,000 $742,500 $757,500 $0
Construction Capital $10,900,000 $4,776,750 $4,873,250 $1,250,000 Landscape
Maintenance (EEP)
$500,000 $247,500 $252,500 $0
Project Management $330,000 $0 $330,000 $0
$15,150,600 $6,717,447 $7,183,153 $1,250,000
*Project Cost is based on 2019’s Authority’s Estimate At Completion and 65% Engineer’s Estimate **Public Share will be funded with Measure I Valley Freeway Interchange fund ***Caltrans FCO will be available in fiscal year 2020/2021 upon execution of a separate cooperative agreement between Authority and Caltrans

PROJECT SCHEDULE

Milestones Estimated Completion Date (Actual)
Environmental Approval (February 2019)
PS&E Approval (June 2021)
Construction Contract Award (September 2021)
Complete for Beneficial Use (December 2022)
Project Close-Out September 2028

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AMENDMENT NO 1
TO COOPERATIVE AGREEMENT NO. 17- 1001603

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF REDLANDS
FOR

PLANNING, PROJECT REPORT AND ENVIRONMENTAL DOCUMENT,

PLANS, SPECIFICATIONS AND ESTIMATE ( PS& E), RIGHT- OF- WAY( ROW),

AND CONSTRUCTION PHASES FOR THE ALABAMA STREET AND
INTERSTATE 10 IN THE CITY OF REDLANDS
THIS AMENDMENT No 1 (AMENDMENT) to the Cooperative Agreement No 17- 1001603 (AGREEMENT) is madeand enteredinto by and betweenthe SanBernardino CountyTransportationAuthority (hereinafterreferredto asAUTHORITY) andtheCity of Redlands ( hereinafter referred to as CITY) AUTHORITY and CITY may be referred to herein as a" PARTY" and collectively" PARTIES"

RECITALS
A. AUTHORITY and CITY entered into the AGREEMENT on November 9, 2016, to delineate their respective roles, responsibilities, and funding commitments relative to the Project Management, Planning, Environmental, PS&E, ROW and Construction activities of the Alabama Street and Interstate 10 interchange in the City of Redlands ( PROJECT), and
B Pursuant to the AGREEMENT, AUTHORITY is the lead agency for the PROJECT and is responsiblefor the diligent undertaking and completion of the Planning, Environmental, PS& E, ROW, and Construction phases of the PROJECT, and
C The AGREEMENT presentlyprovides that the cost of the PROJECT is estimated at $ 10, 968, 000 which includes $ 330, 000 for AUTHORITY to provide project management services for the Planning, Environmental, PS& E, ROW, and Construction phases of the PROJECT, and
D The PROJECT is now estimated to cost a total of $ 15, 150, 600 which includes 330,000 for the AUTHORITY to provide project managementservicesfor the Planning, Environmental, PS& E, ROW, and Construction Phases of the PROJECT, and
17- 1001603- 1
L:\ ca\ djm\ Agreementc\ Amendment No. 1 to SBCTA Cooperative Agreement- 1- 10 Alabama lnterchange. doc. jn Redlands Regular Meeting of 10-15-24
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E. On November 13, 2019, the California Department of Transportation ( Caltrans) committed to make a financial contribution ( FCO) of $ 1, 250, 000 towards the constructionof the eastboundoff-ramp widening portion of thePROJECT, and F The remaining PROJECT cost, aside from AUTHORITY project management costs and the abovementioned Caltrans FCO, now is estimated at $ 13, 570, 600, which shall be funded with 50. 5% Development Share funds and 49 5% Public Sharefunds, asdefinedby AUTHORITY'sNexusStudyandtheMeasureI 2010- 2040 Strategic Plan, and
G The PARTIES desire to amend the AGREEMENT, and its Attachment A, to redefine their respectivefunding responsibilitiesbasedon the revised PROJECT costsandto providea new, updated, estimatedschedulefor completionof the

PROJECT

IT IS THEREFORE MUTUALLY AGREED TO AMEND THE AGREEMENT
AS FOLLOWS:
1 Section III. C of the AGREEMENT is amended in its entirety to read as follows.

To contribute towards the Planning, Environmental, PS&E, ROW, Construction and ProjectCloseoutphasesof the PROJECTcost an amountnot to exceed 6,717,447, as shown in Attachment A. The actual cost of specific phase may ultimately vary from the estimatesprovided in Attachment A, however, under no circumstances is the total combined AUTHORITY contribution to exceed 6, 717, 447 without an amendment to this Agreement.

2. Section III. J of the AGREEMENT, is amended in its entirety to read as follows To provide CITY an opportunity to review and comment on the Planning, Environmental, PS& E, ROW, and Construction documents. For construction change orders, the construction change order documents submitted to AUTHORITY by contractors performing construction work on the PROJECT will be forwarded to CITY for review and comment.
3 Section IV A of the AGREEMENT is amended in its entirety to read as follows To reimburse AUTHORITY for the actual costs incurred estimated at $ 6,853, 153 towards the Planning, Environmental, PS&E, ROW, Construction and Project Closeout phases of the PROJECT cost and $ 330, 000 for AUTHORITY project management for a total amount not to exceed$ 7, 183, 153, as shown in Attachment A. The actual cost of a specific phasemay ultimately vary from the estimates providedin AttachmentA, however,undernocircumstancesis thetotalcombined CITY contribution to exceed $ 7,183,153 or AUTHORITY project management costs to exceed$ 330, 000 without an amendment to this Agreement. 2 17- 1001603- 1
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4 Section IV of the AGREEMENT is amendedby the addition of SubsectionG which shall read as follows
To provide permits, inspections, reviews, and oversight at no cost to AUTHORITY or to consultantsand contractorscontractedby AUTHORITY to work on the PROJECT
5 Section V. R of the AGREEMENT is amended in its entirety to read as follows Any noticeor othercommunicationrequired, or whichmaybegiven, pursuantto thisAgreement, shallbein writing. Any suchnoticeshallbedeemeddelivered(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 couner; or ( iv) on the date sent by facsimile, if confirmedwith a copysentcontemporaneouslyby first class, certified, registered or expressmail, in eachcaseproperlypostedandfully prepaidto theappropriate address set forth below, or such other address as a Party may provide notice in accordance with this section.

If to AUTHORITY Paula Beauchamp
Director of Project Delivery
1170 West Third Street, Second Floor
San Bernardino, CA 92410- 1715
Telephone- ( 909) 884- 8276
If to CITY City Clerk
City of Redlands
35 Cajon Street
P O Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands. org
909) 798- 7531
6 Attachment A to the AGREEMENT is amended and replaced in its entirety with Attachment A to this AMENDMENT, which is attached to and made a part of this AMENDMENT
7 PARTIES understandthat the PROJECTcost provided in this AMENDMENT is an estimate and there is a potential for cost increasesor decreases. If a cost increasebecomesapparent, PARTIES agreeto work in good faith to amendthe

AGREEMENT
8 All other terms and conditions of the AGREEMENT shall remain in full force and effect.
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9 This AMENDMENT is deemed to be included and made part of the

AGREEMENT
10 This AMENDMENT is effective upon executionby AUTHORITY

SIGNATURES ON FOLLOWING PAGE---------------------------- 4 17- 1001603- 1
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SIGNATURE PAGE TO
AAWNDACEM NO. I TO COOPERATIVE. AGREEN[ ENT NO. 174001603

BRT EEY

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
and CITY OF REDLANDS

SAN BERNNARDIN COUNTY CITY OF REDIIANDS

TRANSPORTAT O AUTHORITY
Y _
an J41 wAvarro Paul W FosWr
President, Board. of Duvctors Mayors City of Redlands
Date a,. ! Z,O? Date- A20

APPROVED AS TO FORM APPROVED AS TO FORM
y- 94IJ 8/ 12/ 2020 $' -
I da L. Daniel Dame J AcHugh
Assistant General Counsel City Attorney

CONCURRENCE ATTEST
By By
3eff ail I e Donaldson
P ent Manager C.ty Clerk
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Attachment A

PROJECT DESCRIPTION
Theprojectfundingisbasedonadesignlayoutthataddstwolaneseachonthe westbound and eastbound off- ramps, adds a northbound right- turn lane to eastbound on- ramp, andaddsa southboundright-turnlaneto thewestboundon-ramp 1 PROJECT FUNDING TABLE
Public Share: 49. 5%
Nexus Development Impact Fee Share( DIF or" Local Share") 50. 5% Caltrans Financial Contribution( FCO) Lump Sum$ 1,250,000 Project Cost* Public Share** DIF Caltrans FCO*** Planning, 1, 920, 600 950, 697 969, 903 0
Environmental,
Design, and Right-
of-way
Construction 1, 500, 000 742, 500 757, 500 0
Management
Construction Capital 10, 900, 000 4, 776, 750 $ 4, 873, 250 1,250, 000 Landscape 500, 000 247, 500 252, 500 0
Maintenance ( EEP)
Project Management 330, 000 0 33000 1 0
15, 150, 600 6, 717, 447 $ 7, 183, 153 1 1, 250, 000 Project Cost is based on 2019' s Authority' s Estimate At Completion and 65% Engineer' s Estimate Public Sharewill be funded with MeasureI Valley Freeway Interchangefund CaltransFCO will be available in fiscal year 2020/2021 upon execution of a separatecooperative agreementbetweenAuthority and Caltrans

PROJECT SCHEDULE
Milestones Estimated Completion Date( Actual)
Environmental Approval February 2019)
PS& E Approval December 2020
Construction Contract Award April 2021
Complete for Beneficial Use March 2022
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AMENDMENT NO. 2
TO COOPERATIVE AGREEMENT NO. 17-1001603

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF REDLANDS
FOR

PLANNING, PROJECT REPORT AND ENVIRONMENTAL DOCUMENT,

PLANS, SPECIFICATIONS AND ESTIMATE (PS&E), RIGHT-OF-WAY (ROW),

AND CONSTRUCTION PHASES FOR THE ALABAMA STREET AND
INTERSTATE 10 IN THE CITY OF REDLANDS
THIS AMENDMENT No. 2 to the Cooperative Agreement No. 17-1001603 (AGREEMENT) is made and entered into by and between the San Bernardin o County Transportation Authority (here inaft er referred to as AUTHORITY) and the City of Redlands (hereinafter referred to as CITY). AUTHORITY and CITY may be referred to herein as a "PARTY " and collectively " PARTIES " .

RECITALS
A. AUTHORITY and CITY entered into the AGREE MENT on Novemb er 9, 2016 , to delineate their respective roles , responsibilities , and funding commitments relative to the Project Management , Planning , Environmental , PS& E, ROW and Construction activities of the Inters tate IO (1-10) Alabama Street Improvement Project in the City of Redland s (PRO JECT); and
B. AUTHORITY and CITY entered into the Amen dment No. 1 on August 17, 2020 to redefine their respective funding responsibilities based on the revised PROJ ECT costs and to provide a new, updat ed, esti mated sche dule for completion of the PROJECT.

C. PARTIES now desire to amend the AGREEMENT to extend the AGREEMENT termination date currently set to exp ire on December 31 , 2022, by two (2) years to December 31 , 2024 , and to update the Project schedule .

IT IS THEREFORE MUTUALLY AGREED TO AMEND THE AGREEMENT
AS FOLLOWS:

1. Section I. B of the AGREEMENT is amended in its entirety to read as follows:
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"This Agreement shall terminate upon completion of the AUTHORITY's management of the planning , environmental , design , right of way (to include both ROW acquisition and utility relocation work) and construction , or December 31, 2024 , whichever is earlier in time , except that the indemnification provisions shall remain in effect until terminated or modified , in writing , by mutual agreement.

Should any claims arising out of this Agreement be asserted against one of the Parties , the Parties agree to extend the fixed termination date of this Agreement , until such time as the claims are settled, dismissed or paid ."

2. The Project Schedule in Attachment A to the AGREEMENT is amended and replaced in its entirety with the Project Schedule in Attachment A to this AMENDMENT No. 2, incorporated by this reference .

3. Except as amended by this AMENDMENT No. 2, all other provisions of the AGREEMENT , including all pre vious amendments , shall remain in full force and effect and are incorporated herein by this reference

4. The Recitals set forth above are incorporated herein by this reference.

5. This AMENDMENT No. 2 is effective upon execution by AUTHORITY. --------------------------SIG NATURES ON FOLLO WING PA GE---------------------------- 2 17-1 00 1603-2
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SIGNATURE PAGE TO
AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT N0.17-1001603

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
and CITY OF REDLANDS

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY
By fh;W4
RaymonW. Wolfe
Executive Director

APPROV ED AS TO FORM
17-1 00 1603-2
3 CITY OF REDLANDS
B~~
Paul Barich
Mayor, City of Redlands
Date: fO /4 /22-. I I

APPROVED AS TO FORM AND
PROCEDURE :
ette Abich Garc ia
City Attorney
ATTEST:

By ~ ~ nneDonald son
City Clerk
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Attachment A

PROJECT DESCRIPTION
The project fundin g is based on a design layout that adds two lanes each on the westbound and eastbound off-ramps , adds a northbound right-turn lane to eastbound on- ramp, and adds a southbound right-turn lane to the westbound on-ramp. ·

PROJECT FUNDING TABLE
Public Share: 49.5%
Nexus Development Impact Fee Share (DIF or "Loca l Share"): 50.5% Caltrans Financial Contribution (FCO) : Lump Sum $ 1,250 ,000 Project Cost* Public Share** DIF Caltrans FCO***
Plannin g, $1 ,920,600 $950 ,697 $969,903
Environmental ,
Design, and Right-
of-wa y
Construction $1,500 ,000 $742 ,500 $757 ,500
Management
Construction Capital $10,900 ,000 $4,776 ,750 $4,873,250 Landscape $500 ,000 $247 ,500 $252 ,500
Maintenance (EEP)
Project Management $330 ,000 $0 $330 ,000
$15,150,600 $6,717,447 $7,183,153
*Project Cost is based on 20 l 9's A uthori ty's Estima te At Comp letion and 65% Eng ineer's Estima te **Public Share wi ll be fund ed with Measure I Valley Freewa y Interchan ge fund ***Ca ltrans FCO will be available in fiscal year 2020 /202 1 upon exec ution of a separate cooperative agree ment between Authority and Ca ltrans

PROJECT SCHEDULE
$0
$0
$1 ,250 ,000
$0
$0
$1,250,000
Mile stones Estima ted Completion Date (Act ual)
Environmental Approval (February 2019)
PS&E Approval (June 2021)
Construction Contract A ward (September 2021)
Complete for Beneficial Use January 2023
Project Close-Out June 2024
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City Council Meeting I. 12.

DATE: 10/15/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8632 establishing time-restricted parking zones on Columbia Street between Colton Avenue and Sun
Avenue and determine that approval of the resolution is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris) MOTION(S):

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

I move that City Council determine that approval of Resolution No. 8632 is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move to adopt Resolution No. 8632.2.

RECOMMENDATION:

TRAFFIC AND PARKING COMMISSION RECOMMENDATION
On July 25, 2024, the Traffic and Parking Commission voted 4-3 to recommend City Council approval of the establishment of a 1-hour time-restricted parking zone on Columbia Street between Sun Avenue and the Alley (located midway between Sun Avenue and Colton Avenue), and a 2-hour time-restricted parking zone on Columbia Street between Colton Avenue and the Alley between 6 AM to 8 PM.

STAFF RECOMMENDATION
Staff recommends City Council adopt Resolution No. 8632 establishing a 1-hour time-restricted parking zone on Columbia Street between Sun Avenue and the Redlands Regular Meeting of 10-15-24
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Alley (located midway between Sun Avenue and Colton Avenue), and a 2-hour time-restricted parking zone on Columbia Street between Colton Avenue and the Alley between 6 AM to 8 PM. Staff further recommends that City Council determine that approval of the resolution is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act.

DISCUSSION:

Residents of Columbia Street recently reported that patrons and employees of local businesses are parking on residential streets for long periods, disrupting street cleaning, trash pick-up, and access for visitors. Residents have also noted that events hosted by these businesses have increased traffic, noise, and trash in the area. Frequent traffic violations, such as illegal U-turns, collisions, and speeding, have also been reported. These activities significantly inconvenience residents. In hopes of mitigating these issues, several Columbia Street residents requested a 20-minute time-restricted parking zone and the issuance of residential parking permits along Columbia Street. MUED staff contacted the Columbia Street businesses to inform them of this request. The businesses indicated that a 20-minute parking zone would not provide sufficient time for their customers, and suggested implementing a 2-hour parking zone instead.

Almost all residents on Columbia Street have on-site or off-street parking. Most residents can access their garages, driveways, and/or parking areas through gates that open to adjacent alleys. These alleys are aligned parallel to Columbia Street and split into a "T" shape perpendicular to Columbia Street. The perpendicular part of the alleys separate residences north of the alleys from businesses located to the south. Additionally, residents at the corner of Sun Avenue and Columbia Street have driveway entrances accessible from Sun Avenue.

Staff scheduled this issue for discussion and action during the July 2024 Traffic and Parking Commission (TPC) meeting. During the meeting, both residents of Columbia Street and employees of local businesses expressed their concerns regarding the proposed time limit and the areas in which the parking restrictions should be established. After considering the feedback from both parties, the TPC proposed a compromise. They noted that a 20-minute time limit might not be realistically enforceable. Therefore, the TPC proposed a 1-hour parking time restriction for Columbia Street between the Alley and Sun Avenue, and a 2-hour parking time restriction for Columbia Street between the Alley and Colton Avenue. These restrictions would apply during business hours from 6 AM to 8 PM. MUED staff concurs with the TPC recommendations. During the TPC deliberation and public comment period, it was suggested that a preferential parking zone also be established along Columbia Street between the alley and Sun Avenue to allow residents along this corridor to be issued parking permits.

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Ultimately, the TPC decided against including this preferential parking zone in its City Council recommendation due to enforcement difficulties.

Adoption of Resolution No. 8632 is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act as the project involves negligible or no expansion of the existing street.

ALTERNATIVES:

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

STRATEGIC PLAN:

N/A
SUBMITTED BY:

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

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

Albert Maldonado, Special Counsel
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Tabitha Crocker, Facilities and Community Services Director Rachel Tolber, Police Chief
Rich Sessler, Fire Chief
Goutam K. Dobey, City Engineer
PREPARED BY:

Johana Silva, Associate Engineer
Fiscal Impact
Fiscal Year: FY 24/25
Appropriation Required Y/N: No
Budgeted Y/N: Yes
Discussion:

There is no fiscal impact associated with this action. The project includes Redlands Regular Meeting of 10-15-24
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There is no fiscal impact associated with this action. The project includes routine maintenance tasks that are included in the approved FY 24/25 Facilities & Community Services operating budget.

Attachments
Resolution No. 8632
Location Map
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1 I:\cmo\Resolutions\8632 Establishing Traffic Regulations (Columbia Street).docx-ms RESOLUTION NO. 8632

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ESTABLISHING TRAFFIC REGULATIONS PURSUANT TO TITLE 10 OF

THE REDLANDS MUNICIPAL CODE

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

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

Section 1. This City Council determines that approval of this Resolution is exempt from review under California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301(c) which exempts minor street alterations that involve negligible or no expansion of existing or former use. This City Council finds with certainty that there is no possibility the approval of this Resolution will have a significant effect on the environment.

Section 2. Pursuant to section 10.40.090 of the Redlands Municipal Code, the City Council hereby establishes a 1-hour time restriction on Columbia Street between Sun Avenue and the Alley (located midway between Sun Avenue and Colton Avenue ), and a 2 -hour time restriction on Columbia Street between Colton Avenue and the Alley. Both restrictions will be in effect between the hours of 6:00 AM and 8:00 PM.

Section 3. City staff is hereby directed to take all necessary actions to install signage and/or curb markings to implement this Resolution.

ADOPTED, SIGNED AND APPROVED this 15th day of October 2024.

________________________
Eddie Tejeda, Mayor

ATTEST:

____________________________
Jeanne Donaldson, City Clerk

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2 I:\cmo\Resolutions\8632 Establishing Traffic Regulations (Columbia Street).docx-ms

I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 15th day of October 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Jeanne Donaldson, City Clerk
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City Council Meeting I. 13.

DATE: 10/15/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Third Amendment to the Non-Professional Services Agreement with TESCO Controls, LLC for the Water Distribution System Supervisory Control and Data Acquisition (SCADA) Upgrade Project to extend the project time for completion to June 30, 2025 and determine that approval of a Third Amendment to the Non-Professional Services Agreement with TESCO Controls, LLC is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move to determine that approval of a Third Amendment to the Non-Professional Services Agreement with TESCO Controls, LLC 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 that City Council approve the Third Amendment to the Non-Professional Services Agreement with TESCO Controls, LLC.

2. RECOMMENDATION:

Staff recommends City Council approval of the Third Amendment to the Non-Professional Services Agreement with TESCO Controls, LLC for the Water Distribution System Supervisory Control and Data Acquisition (SCADA) Upgrade Project to extend the project time for completion to June 30, 2025, and determine that approval of a Third Amendment to the Non-Professional Services Agreement with TESCO Controls, LLC is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act.

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DISCUSSION:

The Municipal Utilities and Engineering Department (MUED) utilizes a supervisory control and data acquisition (SCADA) system to remotely operate and monitor fifty-five (55) facilities within the water distribution system. Initially, twenty-four (24) of these facilities were on the San Bernardino County (County) analog radio network, ten (10) of these facilities were on a City-owned radio network, and the remaining twenty-one (21) facilities were operated manually. In April 2018, the County notified MUED staff that their analog radio network would soon be abandoned, and agreed to maintain their network only until the City's SCADA system is transitioned to the City-owned radio network. Soon after, MUED staff initiated the process to design a comprehensive SCADA system upgrade, which included a system review, field investigation of all sites, and preparation of plans, specifications and cost estimates to transition all water distribution system facilities to the City-owned radio network. Several sites have already been transitioned to the City-owned radio network. The remaining sites are scheduled to transition onto the City-owned radio network with this Project.

On December 7, 2021, City Council approved a Non-Professional Services Agreement with TESCO Controls, LLC (TESCO) to complete the project in two (2) annual phases. On November 15, 2022, City Council approved the First Amendment to the Agreement to combine the two phases of the project into one phase and extend the term until December 7, 2023, and on November 7, 2023, City Council approved a Second Amendment to extend the agreement to December 31, 2024. However, due to continued constraints on technology resources such as Program Logic Controllers (PLCs) and specialized programming support staff at TESCO, the project cannot be successfully completed before the Agreement termination date. Therefore, staff recommends extending the project time for completion to June 30, 2025. No additional revisions to the original Agreement are proposed.

Furthermore, approval of the Third Amendment to the Non-Professional Services Agreement with TESCO Controls, LLC is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act (CEQA) as the activity will not have a significant effect on the environment.

ALTERNATIVES:

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

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STRATEGIC PLAN:

N/A
SUBMITTED BY:

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

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

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

Paul Mariscal, Water Utility Manager
Fiscal Impact
Fiscal Year: FY 24/25
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: Y
Account No.: 501900
Discussion:

There is no fiscal impact associated with this action.

Attachments
Third Amendment
Second Amendment (Reference only)
First Amendment (Reference only)
Tesco Controls Agreement (Reference only)
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1 I:\cmo\Agreements\Third Amendment TESCO Controls, LLC FY24-0034.docx-ms

THIRD AMENDMENT TO AGREEMENT TO PERFORM NON-PROFESSIONAL

SERVICES FOR IMPROVEMENT TO PUBLIC BUILDING AND GROUNDS

This third amendment (“Third Amendment”) to the agreement for the water distribution system supervisory control and data acquisition ("SCADA") upgrade project (“Agreement”), dated December 7, 2021, by and between the City of Redl ands, a municipal corporation and a general law city (“City”), and TESCO Controls, LLC, a Delaware limited liability company (“Contractor”), is made and entered into this 15th day of October, 2024.

RECITALS

WHEREAS, it is the desire of the City and Contractor to amend their existing Agreement, specifically to extend the time for completion of the services to June 30, 2025; and

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

AGREEMENT

Section 1. Section 4.2 of the Agreement, entitled “ Performance of Services ,” is hereby amended to read as follows:

“4.2 Contractor shall complete the Services by June 30, 2025, unless the Services are earlier terminated as permitted herein.”

Section 2. All other provisions of the Agreement , as previously amended by the first amendment and the second amendment, shall remain unchanged by this Third Amendment and in effect.

Section 3. This Third Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment, to be effective as of October 15, 2024.

CITY OF REDLANDS TESCO CONTROLS, LLC

________________________________ By: ________________________________ Eddie Tejeda, Mayor Jason Martin, VP Project Management

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk
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SECOND AMENDMENT TO AGREEMENT TO PERFORM NON- PROFESSIONAL

SERVICES FOR IMPROVEMENT TO PUBLIC BUILDING AND GROUNDS This second amendment (" Second Amendment") to the agreement for the water distribution system supervisory control and data acquisition (" SCADA") upgrade project Agreement"), dated December7, 2021, by and between the City of Redlands, a municipal corporation and a general law city (" City"), and TESCO Controls, LLC, a Delaware Limited Liability Company (" Contractor"), is madeandenteredinto this 7th dayof November, 2023.

RECITALS
WHEREAS, it is the desireof the City andContractorto amendtheir existing Agreement, specifically to extend the time for completion of the services to December 31, 2024; and WHEREAS, it is further the desire of the City and Contractor to amend Article 5. 3of their existing Agreement to reflect a change in the contact name, phone number, and email of Contractor;
NOW, THEREFORE, for goodandvaluableconsiderationinthereceiptofwhichishereby acknowledged City and Contractor agree as follows:

AGREEMENT
Section 1. Section 4.2 of the Agreement, entitled " Performance of Services," is hereby amended to read as follows:

4. 2 Contractorshall completethe Servicesby December31, 2024, unlessthe Services are earlier terminated as permitted herein."
Section 2. Subsection 5.3 of Article 5 of the Agreement, which Article is entitled Payments to Contractor," is hereby amended to read as follows:

CONTRACTOR
Delven Diaz, Director of Sales
TESCO Controls, LLC
8440 Florin Road
Sacramento, CA, 95828
ddiaz@tescocontrols. com
916) 849- 9779
Section3. All otherprovisions of the Agreementshall remain unchangedby this Second Amendment and in effect.

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IN WITNESS WHEREOF, the parties have executed this Second Amendment, to be effective as of November 7, 2023.

CITY 0
ddie Tejeda, Mayor
ATTEST:
e Donaldson, City Clerk

TESCO CONTROLS, LLC
By: c
Delven Diaz, Direc r of Sales
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City Council Meeting I. 14.

DATE: 10/15/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8637 in support of Proposition 36, the Homelessness, Drug Addiction and Theft Reduction Act (Police Chief Tolber)
MOTION:

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

I move that City Council Adopt Resolution No. 8637 in support of Proposition 36.

RECOMMENDATION:

Staff recommends that City Council adopt Resolution No. 8637 in Support of Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act DISCUSSION:

Background:

On November 4, 2014, California voters passed Proposition 47, a law that changed certain low-level crimes from potential felonies to misdemeanors. The savings from reduced incarceration costs were designated to be invested into drug and mental health treatment; programs for at risk students in K-12 schools; and victim services.

While Proposition 47 aimed to make California’s criminal justice system more equitable, Proposition 47 has also led to some unintended consequences over the past decade. These include repeat and often organized retail theft, inner-city store closings, and difficulty convincing people to seek drug and mental health treatment. These consequences can only be corrected by the voters at the ballot box with modest amendments to Proposition 47.

Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act is a Redlands Regular Meeting of 10-15-24
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Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act is a bi-partisan measure that provides sensible, targeted reforms to Proposition 47 that legislative proposals alone are unable to deliver. The Redlands Police Department believes Proposition 36 provides important fixes to Proposition 47 to provide further leverage in its efforts to address crimes in the city.

Issues/Analysis:

The consequences of Proposition 47 have significantly impacted public safety in California. The dramatic increase in retail theft throughout the state is driving up prices and pushing businesses out of communities due to costs and the safety of employees and customers. It is estimated that losses due to organized retail crime amount to over $2 billion per year. Like the rest of the state, Redlands has experienced a steady rise in property crimes including retail theft since 2020.

Drug addiction and mental illness are intricately linked to homelessness. In the City of Redlands, there was reported to have been a 76% increase in unhoused individuals from 2022 to 2023. It often takes the City’s Homeless Solutions Team multiple interactions with homeless individuals before they accept the resources offered. Moreover, it often takes more than five attempts for homeless individuals to successfully complete the rehabilitation process, stop using drugs, and achieve sobriety.

Additionally, the fentanyl crisis has reached alarming levels and is now responsible for 20 percent of youth deaths in California. Drug overdoses now kill two to three times the number of people in California as car accidents. In 2020, in response to an increased number of emergency calls related to overdoses, Redlands Police Department officers were trained to carry and administer Narcan, a life-saving overdose treatment. Officers currently deploy Narcan in emergency situations more than once a month in the City of Redlands. In response to community safety concerns and increased calls for service related to thefts and homelessness, Redlands Police Department implemented a Community Engagement Team (CET) in March of 2024. The team of four officers works closely with local businesses in the downtown area and retailers in major shopping centers to combat retail crime and enhance safety. CET is also focused on addressing homelessness in our community by identifying sustainable solutions and providing support to those in need. Data-driven technology helps the team achieve measurable results, with recent reductions in theft, overdoses, and calls for service related to transient issues.

If approved by voters, Proposition 36 would create a deterrent for repeat retail theft offenders and direct more individuals into treatment rather than incarceration by rolling back parts of Proposition 47 that reclassified certain theft and drug crimes. The Redlands Police Department believes Proposition 36 introduces essential changes to further curb crime in the city. Proposition 36 incentivizes drug and mental health treatment by providing a third-time hard drug possessor with a choice between jail or drug treatment; permits a felony to be charged when a habitual retail thief has two prior convictions for theft-related Redlands Regular Meeting of 10-15-24
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offenses or commits multiple thefts; enacts laws that permit a judge to add more time onto an offender’s sentence for a theft that involves property values over $50,000 or for a theft that is committed by three or more perpetrators working together; updates several of California’s hard drug laws to add fentanyl; and permits judges to sentence drug dealers to state prison for dealing large quantities of hard drugs or for dealing drugs while armed with a firearm.

If approved, Proposition 36 will implement the following provisions:

Reclassify retail theft with two or more prior convictions as a felony.

Permit the aggregation of multiple theft offenses to reach a total of $950 and charge as a
felony.

Impose enhanced penalties for excessive theft or property damage.

Impose enhanced penalties for acting in concert or participating in takeover theft or destruction of property.

Grant discretion to charge a third hard drug possession offense as a treatment-mandated felony after two prior hard drug convictions.

Address the fentanyl crisis by targeting fentanyl drug traffickers.

If approved, Proposition 36 would help address the critical issues of retail theft, homelessness, and the fentanyl crisis, while restoring balance to the criminal justice system in California. By reducing repeat offenses and organized crime, the measure promotes fairness while ensuring access to rehabilitation where necessary. The Redlands Police Department believes Proposition 36 provides important changes to Proposition 47 that would provide further leverage in enhancing public safety and fostering strong, healthy communities.

SUBMITTED BY:

Rachel Tolber, Police Chief
RECOMMENDED BY:

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

Janice McConnell, Assistant City Manager
Tabitha Crocker, Facilities and Community Service Director PREPARED BY:

Jennifer Macias, Management Analyst
Attachments
Proposition 36 FAQ
Reso. 8637
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1 Proposition 36 Frequently Asked Questions
ABOUT PROP 36
What is Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act Initiative?
Proposition 36 makes commonsense and responsible changes to current laws, including to Proposition 47, to reduce drug addiction and theft problems, which have afflicted our communities and neighborhoods for far too long. Drug addiction and mental illness are at the root of most homelessness. Drug overdoses now kill two to three times the number of people in California as car accidents. The dramatic increase in retail theft in California is driving up prices and driving businesses out of communities due to costs and the safety of employees and customers. Prop 36 helps compel more people with serious drug addictions into drug and mental health treatment and holds hard drug dealers and career thieves accountable.

Specifically, it will:
• Increase penalties for habitual retail theft offenders and thieves who steal large quantities of property or merchandise.
• Increase penalties for “smash and grab” thefts that result in significant losses and damage or that are committed by multiple thieves working together. • Provide drug and mental health treatment and job training for people who are addicted to fentanyl, methamphetamine, cocaine, heroin, and PCP.
• Toughens penalties for trafficking in large quantities of and adds fentanyl to existing laws that prohibit the possession of hard drugs while armed with a loaded firearm. • Permit judges to use their discretion to sentence drug dealers to state prison instead of county jail when they deal hard drugs in large quantities or are armed with a firearm while dealing drugs.
• Warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result. • Reinstate penalties for hard drug dealers whose trafficking kills or seriously injures a drug user.

Why is Prop 36 Needed?
In 2014, Proposition 47 reduced penalties for hard drug possession and theft. These changes to the law significantly reduced the incentive for offenders to participate in drug treatment because a lengthy jail sentence was no longer permitted. Offenders are more likely to take treatment seriously when facing possible jail time. Offenders who repeatedly steal property with a value of $950 or less face only misdemeanor charges which usually are just a citation.

California has experienced a rise in drug addiction and mental illness, which fuels homelessness. In addition, the prevalence of fentanyl in California has had deadly Redlands Regular Meeting of 10-15-24
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2 consequences, and California’s laws have not been changed to treat fentanyl as the dangerous drug that it is.

Prop 36 incentivizes drug and mental health treatment by providing a third-time hard drug possessor with a choice between jail or drug treatment; permits a felony to be charged when a habitual retail thief has two prior convictions for theft-related offenses or commits multiple thefts; enacts laws that permit a judge to add more time onto an offender’s sentence for a theft that involves property values over $50,000 or for a theft that is committed by three or more perpetrators working together; updates several of California’s hard drug laws to add fentanyl; and permits judges to sentence drug dealers to state prison for dealing large quantities of hard drugs or for dealing drugs while armed with a firearm.

How does Prop 36 hold drug traffickers accountable?
Prop 36 makes several changes to California law in order to hold drug traffickers accountable. It will:
● Create a new law that requires judges to warn convicted hard drug dealers that drug dealing can kill someone, and that if the offender sells, manufactures, furnishes, or gives away drugs that result in the death of a person, the offender can be charged with murder. Proof that an offender knows how dangerous drug dealing is can aid a later murder prosecution. ● Permit judges to sentence traffickers who deal in large quantities of hard drugs to state prison instead of to county jail. This would apply to fentanyl, methamphetamine, heroin, cocaine, and PCP.
● Permit judges to sentence drug traffickers who are armed with a firearm while dealing to state prison instead of to county jail.
● Add a provision to an existing California law that anyone who sells, furnishes, administers, or gives away a drug to a person who then uses the drug and suffers a significant or substantial physical injury is eligible to have additional time of at least three years added to their sentence.

How does Prop 36 help combat fentanyl trafficking?
Fentanyl is lethal in very small doses. In fact, fentanyl is up to 50 times stronger than heroin.

One kilogram (2.2 pounds) of fentanyl provides enough of the drug to manufacture four to ten million doses, which is enough to kill 500,000 people.

Prop 36 helps combat fentanyl trafficking by updating the California code section that permits judges to add additional time to the sentence of drug traffickers who deal in large quantities of drugs. Because fentanyl is so lethal in small quantities, the Initiative creates a separate list of weights for fentanyl ranging from one ounce (28.35 grams) to 80 kilograms (over 176 pounds) and permits judges to impose additional punishment ranging from three years to 25 years in state prison, depending on the amount of fentanyl involved in the case.

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3 Prop 36 also creates a new law that requires judges to warn convicted drug dealers, including those who deal fentanyl, that drug dealing can kill someone and that if the offender sells, manufactures, furnishes, or gives away drugs that result in the death of a person, the offender can be charged with murder. Proof that an offender knows the dangers of drug dealing can aid a later murder prosecution.

CURRENT LAW
What is Proposition 47?
Passed in 2014, Proposition 47 reduced the penalty for hard drug possession from a felony to a misdemeanor, thereby significantly reducing the incentive for offenders to agree to treatment since a lengthy jail sentence was no longer permitted. Proposition 47 also created the new crime of shoplifting, which permits an offender to steal up to $950 worth of merchandise and be charged only with a misdemeanor crime, regardless of how many times the offender shoplifts.

Proposition 47 also repealed the repeat theft crime that had permitted a felony to be charged when a career thief committed a misdemeanor petty theft and had three or more prior convictions for theft-related offenses.

The unintended consequences of Proposition 47, such as a drastic reduction in offenders participating in drug and mental health treatment and an increase in serious theft and repeat theft crimes, need to be fixed. Prop 36 addresses these unintended consequences and it addresses the explosion of fentanyl in California.

What are the current penalties for retail theft and how does Prop 36 improve them? Current law allows felony charges only if a person steals property worth more than $950 during a single occurrence. That means a person can steal thousands of dollars from multiple stores by committing multiple thefts and face only misdemeanor charges which usually only results in a citation.

Prop 36 permits a felony to be charged when a habitual retail theft offender has two prior convictions for theft-related offenses and steals any amount of property.

Current law does not permit any additional jail time for a thief who steals more than $50,000 worth of property. Prop 36 goes after high-value theft and smash-and-grabs by permitting judges to add on one, two, three, or four years to an offender’s sentence if the offender steals property worth more than $50,000, $200,000, $1 million, or $3 million. Prop 36 also creates a new law that permits judges to add one, two, or three years to the sentence of an offender who steals property while acting jointly with at least two other perpetrators.

California has one of the lower thresholds for a felony ($950) so what is not working? Prop 36 does not lower the current $950 felony theft threshold because that is not the problem.

The problem with California’s current law is that offenders can commit multiple thefts of property with a value of $950 or less and face only misdemeanor charges. Prop 36 creates a new law Redlands Regular Meeting of 10-15-24
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4 that permits the value of multiple thefts to be added together (to be aggregated) so that a felony theft can be charged. Prop 36 also creates a new repeat theft crime so that a career thief who has two prior convictions for theft-related crimes and then steals any amount of property can be charged with a felony.

Current law does not permit any additional jail time for a thief who steals more than $50,000 worth of property. Prop 36 creates a new law that permits judges to add on one, two, three, or four years to an offender’s sentence if the offender steals property worth more than $50,000, $200,000, $1 million, or $3 million. Prop 36 also creates a new law that permits judges to add one, two, or three years to the sentence of an offender who steals property while acting jointly with at least two other perpetrators.

What is the difference between theft, robbery, burglary, shoplifting, smash-and-grabs and grand theft?
Petty Theft: State law defines petty theft as taking $950 or less of property during a single occurrence. This commonly occurs in shoplifting. Petty theft is a misdemeanor, as set out in Proposition 47.

Burglary: California defines burglary as entering a home, locked vehicle or building with the intent to steal. Burglary of a residential home is a felony, while burglary of a commercial property can be charged as a misdemeanor or felony at the prosecutor’s discretion.

Shoplifting: Proposition 47 created the crime of shoplifting, which is defined as entering a commercial establishment with the intent to steal, during regular business hours, and where the value of the property taken is not over $950. It is a misdemeanor crime. Repeat shoplifting cannot be charged as a felony.

Robbery: State law defines robbery as using force or threats to take property directly from another person and against that person’s will. It is punishable as a felony and by up to 9 years in state prison.

Grand Theft: Stealing property worth more than $950 or stealing a firearm or automobile is grand theft. Grand theft can typically be charged as a felony or misdemeanor at the prosecutor’s discretion.

Smash-and-Grabs: California currently does not have a dedicated law for smash-and-grab thefts. These occurrences are generally charged under the state’s organized retail theft statute which requires proving two or more people acted in concert to steal items and that they had the intent to sell those items. If the amount stolen exceeds $950 dollars over multiple occurrences, then current law allows felony charges that are punishable by up to three years in jail.

Prop 36 creates new penalties to better address high-profile smash-and-grab crimes that have captured national headlines. Current law does not permit any additional jail time for a thief who steals more than $50,000 worth of property. Prop 36 creates a new law that permits judges to add on one, two, three, or four years to an offender’s sentence if the offender steals property Redlands Regular Meeting of 10-15-24
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5 worth more than $50,000, $200,000, $1 million, or $3 million. Prop 36 also creates a new law that permits judges to add one, two, or three years to the sentence of an offender who steals property while acting jointly with at least two other perpetrators.

Why do Prop 36’s changes to drug possession and theft laws need to go to the ballot? The language of Proposition 47 permits amendment by the Legislature only if the amendments are “consistent with and further the intent” of Proposition 47 or further reduce criminal penalties.

Because the intent of Proposition 47 was to lower penalties for drug possession and theft, any amendment that is seen as a penalty increase for these crimes must be approved by the voters.

ACCOUNTABILITY
What is the aggregation of theft crimes and how does Prop 36 change it? Why are current laws insufficient to address repeat retail theft and other types of theft? Current law only allows the value of multiple thefts to be added together to reach over $950 so that a felony can be charged instead of a misdemeanor if all the thefts are committed with one intent, one general impulse, and one plan. This limitation on adding together theft values (aggregating) means that it is difficult for prosecutors to use aggregation to be able to charge a felony theft instead of multiple misdemeanor thefts. Prop 36 removes this restriction on aggregation and permits the value of any stolen property or merchandise to be added together so that a felony may be charged. This change in the law means that career thieves will no longer be able to commit multiple thefts under a $950 value to avoid felony theft charges.

What are the current penalties for drug possession and how does Prop 36 fix them? Possession of hard drugs such as fentanyl, methamphetamine, cocaine, heroin, and PCP is only a misdemeanor crime. Because the penalty imposed is often just a citation, there is no incentive for offenders to engage in a serious drug treatment program that may last for a year or more.

Prop 36 creates a Treatment-Mandated Felony which permits a felony to be charged if a person possesses a hard drug and has two prior convictions for drug-related crimes. These offenders can avoid jail by successfully participating in drug treatment. If an offender successfully completes the program, their record is expunged.

Will more people go to jail for possessing a hard drug under Prop 36? No. Prop 36 creates a “Treatment-Mandated Felony,” which permits prosecutors to charge a felony instead of a misdemeanor when an offender possesses a hard drug (fentanyl, methamphetamine, cocaine, heroin, or PCP) and already has two prior convictions for drug- related crimes. In other words, a felony charge is permitted for an offender’s third drug offense.

This new law permits the offender to choose drug treatment instead of jail. And, the treatment program may include mental health treatment and job training, in addition to drug treatment. If an offender successfully completes the program, their record is expunged.

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6 Will Prop 36 create over-incarceration or cause a large increase in prison populations? No. Prop 36 creates two new “wobbler” offenses (i.e., alternative misdemeanor/felony offenses).

This does not mean individuals will automatically be charged with felonies, but it gives prosecutors and judges the discretion based on the offender’s record and the circumstances of the crime.

The nonpartisan Legislative Analyst’s Office (LAO) estimates that under Prop 36, “the prison population could increase by around a few thousand people. (There are about 90,000 people in prison now.)”
Prop 36 permits a prosecutor to charge a person with a felony for possession of hard drugs (e.g. heroine, fentanyl, meth) only if the defendant has two or more prior convictions for qualifying drug offenses, and the defendant declines drug and mental health treatment. Any defendant who chooses treatment will serve no jail time and will have their records expunged after successfully completing treatment—helping provide accountability to incentivize treatment while avoiding incarceration.

Similarly, Prop 36 also permits a prosecutor to charge a person with a felony for certain theft crimes, but only if the defendant has two or more theft-related prior convictions. The maximum one-year sentence would be served in county jail. A fourth or more theft conviction would allow a Judge to impose the maximum one-year sentence in state prison. In all cases, Judges retain discretion about whether or not to impose any incarceration, and if so, how much.

Courts consider the nature and circumstances of the offense, an offender’s criminal history, and the amount of time that has passed since the prior conviction, ensuring that courts properly determine whether an offender has a pattern of behavior that warrants a particular level of punishment. Regardless of how a case is filed, courts retain ultimate discretion to determine whether the offense is a felony or a misdemeanor. Judges retain discretion to reduce a felony “wobbler” offense to a misdemeanor.

According to 2019 state prison records, only 1,200 inmates in California were in state prison for drug possession, while less than 1,000 were serving sentences for theft (not including vehicle theft). More than 75% of individuals in state prisons were serving sentences for violent crimes.

As a result, it is clear that Prop 36 will not result in a large increase in prison population.

FUNDING/COST
How much will Prop 36 cost? Can California afford it?
The nonpartisan Legislative Analyst’s Office (LAO) estimates Prop 36 will increase costs “ranging from several tens of millions of dollars to the low hundreds of millions of dollars each year (annually). This amount is less than one-half of 1 percent of the state’s total General Fund budget. (The General Fund is the account the state uses to pay for most public services, including education, health care, and prisons.)”
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7 Those estimated costs are even likely an overestimate. A disproportionate amount of current public safety issues stem from a small number of repeat offenders who are responsible for the vast majority of crimes.

The cost of inaction against rising theft and drug abuse is far higher. California small businesses and stores lost nearly $9 billion in 2022 from theft. Additionally, the cost of deterring theft is far higher due to increased security costs and lost sales due to the need to lockup items. Official statistics do not fully show the scale of the problem since many thefts are often never reported to law enforcement and theft also results in lost tax revenue. Focusing on the small group of criminals who repeatedly steal will result in huge savings for consumers. Treating addiction is a smart way to address illegal drug use and overdoses that cost California $60 billion annually for opioids alone, according to the CDC.

While Prop 36 will result in some increased costs to the state, it will help address the root causes of its biggest public safety issues. The cost of Prop 36 is small in comparison to California’s nearly $300 billion annual budget.

How will California pay for additional drug and mental health treatment mandated by Prop 36?
Prop 36 builds on reforms that are already underway in California to provide services for substance abuse and mental health. Prop 36 leverages programs within Medi-Cal–which receives the majority of its funding from the federal government–to keep costs affordable to the state while providing incentives so individuals with addictions have the necessary accountability to complete their treatment.

Medi-Cal is currently implementing the Cal-AIM program, which creates a more cohesive and integrated behavioral health care system to treat substance abuse disorder and mental illness, ensuring that offenders under Prop 36 receive appropriate levels of care.

Will this measure reduce available funding for victims’ services? No. Prop 36 has no impact on this funding stream, and in fact, it will help victims of theft by authorizing greater consequences and improved chances of recovering restitution for their losses.

Does Prop 36 take away funding or reduce funding for current diversion or treatment programs or for any program currently being operated pursuant to Prop 47? No. In fact, a section of Prop 36 provides that offenders who want drug and mental health treatment are eligible for any appropriate Medi-Cal or Medicare programs or services.

HOMELESSNESS
How does Prop 36 reduce homelessness?
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8 Various studies have demonstrated that up to 75% of people chronically experiencing homelessness have a substance abuse or mental illness disorder (Stanford) while another study from UCLA reports 75% of the unsheltered homeless report substance abuse conditions.

Furthermore, California’s homeless population has increased by nearly 60% since 2014, when Proposition 47 passed—almost five times more than the national rate. Recovering addict and homelessness expert Tom Wolfe from Rescue SF has cited that the cycle of addiction and homelessness drives many to repeatedly steal to support a person’s substance abuse.

Prior to Proposition 47, drug courts allowed a person convicted of drug possession to avoid prison or jail time by undergoing court-mandated drug treatment. However, Proposition 47 removed this accountability measure with no incentive to compel people with addictions to get the treatment they need.

Prop 36 helps break the cycle of homelessness and theft by motivating people with addiction into treatment by offering drug treatment in lieu of jail after the third conviction. In addition to drug treatment, mental health services and job training will also be available. Once an individual successfully completes the program, the person’s record is expunged.

Prop 36 will help ensure individuals who are homeless due to drug addiction receive the help they need and have the accountability measures needed to break the cycle and reduce the number of deaths from drug overdoses. This is a proven strategy that will reduce homelessness and help combat the rise of theft to support drug addiction.

LEGISLATURE
Does Prop 36 prevent the Legislature from passing its own laws that address theft or drug addiction?
No, the measure does not impact other statutes that would enhance theft or drug laws.

Furthermore, Prop 36 authorizes amendments to its provisions with a two-thirds vote of the Legislature as long as it furthers the intent of the measure to provide accountability for repeat theft offenders and hard drug dealers or increases treatment for people addicted to hard drugs.

Many of the bills currently under debate in the Legislature deal with other types of policies, such as cracking down on the online resale of stolen goods, which do not conflict with the measure.

Ad paid for by Yes on Prop 36 - Californians for Safer Communities, sponsored by Golden State Communities
Ad Committee’s Top Funders
Walmart
Target
Home Depot USA
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9 Funding details at www.fppc.ca.gov
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I:\cmo\Resolutions\8637 Prop 6 Theft, Drugs, Homelessness.docx RESOLUTION NO. 8637

A RESOLUTION IN SUPPORT OF PROPOSITION 36, THE HOMELESSNESS,

DRUG ADDICTION, AND THEFT REDUCTION ACT

WHEREAS: While Prop 47 achieved notable success in making California’s criminal justice system more equitable, Prop 47 has also led to unintended consequences over the past decade.

WHEREAS: Prop 47 has contributed to increases in repeat and often organized retail theft, the shuttering of local businesses, and difficulty convincing people to seek drug and mental health treatment.

WHEREAS: Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act is a bi-partisan measure that provides common sense, targeted reforms to Prop 47 that, with the recently adopted legislative Retail Theft Package, provide more tools to increase safety in our communities.

WHEREAS: Spikes in retail theft, violent smash -and-grab robberies, fentanyl deaths and illicit drug use, as well as strained social services, are creating challenges beyond the capacity of local governments.

WHEREAS: Cities are partnering with the state to advance solutions that help reduce crime and provide more support to residents struggling with substance abuse, while avoiding a return to the days of mass incarceration.

WHEREAS: Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers.

WHEREAS: Breaking the cycle of repeat offenders means addressing the many root causes of retail theft.

WHEREAS: Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act allows critical behavioral health services, drug treatment, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse.

NOW, THEREFORE, BE IT RESOLVED by the City of Redlands, that the City Council formally expresses support for Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act and the benefit that it provides for our community’s safety.

ADOPTED, SIGNED AND APPROVED this 15th day of October 2024.

________________________
Eddie Tejeda, Mayor
ATTEST:

___________________________
Jeanne Donaldson, City Clerk
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I:\cmo\Resolutions\8637 Prop 6 Theft, Drugs, Homelessness.docx I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 15th day of October 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Jeanne Donaldson, City Clerk

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City Council Meeting J. 1.

DATE: 10/15/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Discussion and possible action concerning Resolution No. 8635 in support of Proposition 4: The Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 (Mayor Tejeda and Council Member Saucedo)
MOTION:

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

I move that the City Council adopt Resolution No. 8635.

RECOMMENDATION:

Mayor Tejeda and Council Member Saucedo recommend that the City Council adopt Resolution No. 8635 in support of Proposition 4: The Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024.

DISCUSSION:

Proposition 4: The Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024, appearing on the November 2024 Ballot, includes $10 billion to comprehensively address the varied climate impacts and challenges facing California’s current communities and future generations. The investments included in Proposition 4 aim to help communities avoid and recover from the impacts of wildfire, flood, drought, extreme heat, or other climate-related events, as well as to help restore and protect natural systems experiencing such impacts. The City of Redlands could be eligible for many of the programs identified if Proposition 4 passes on the November 2024 ballot.

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Funding will be allocated as itemized below: TOTAL – $10 BILLION Water – $3.8 billion
Wildfire Preparedness and Forest Resilience – $1.5 billion Coastal Resilience – $1.2 billion
Extreme Heat – $450 million
Biodiversity Protection – $1.2 billion
Climate-Smart and Sustainable Agriculture – $300 million Parks and Outdoor Access – $700 million
Clean Air and Energy – $850 million
The following are general provisions included in Proposition 4:

State agencies administering funding shall give priority to projects that leverage private, federal, and local funding or produce the greatest public benefit.

State agencies administering funding may provide advanced payments in the amount of 25% to the recipient of grant-awarded projects to initiate the project in a timely manner.

The Secretary of the Natural Resources Agency shall publish a list of all program and project expenditures not less than annually, in written form, and shall post an electronic form of the list on the agency’s internet website in a downloadable spreadsheet format.

An eligible applicant is a public agency, local agency, nonprofit organization, special district, joint powers authority, tribe, public utility, local publicly owned utility, or mutual water company.

At least 40% of the total funds shall be allocated for projects that provide meaningful and direct benefits to vulnerable populations or disadvantaged communities (DAC). At least 10% of the total funds shall be allocated for projects that provide meaningful and direct benefits to severely disadvantaged communities (SDAC).

A project whose application includes the use of services of the California Conservation Corps or certified community conservation corps, as defined in Public Resources Code Section 14507.5, shall be given preference as a grant receipt to the extent feasible.

Up to 10% of the funds available in each chapter may be allocated for technical assistance to disadvantaged communities, severely disadvantaged communities, or vulnerable populations. Funds used for providing technical assistance may exceed 10%, if the state agency administering the funding determines that there is a need for the additional funding.

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SUBMITTED BY:

Eddie Tejeda, Mayor
Mario Saucedo, Counci Member
REVIEWED BY:

Charles M. Duggan Jr., City Manager
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Rich Sessler, Fire Chief
Tabitha Crocker, Facilities and Community Services Director John Harris, Municipal Utilities and Engineering Director Brian Desatnik, Development Services Director
PREPARED BY:

Jennifer Macias, Management Analyst
Attachments
Resolution 8635 Prop 4
Economic Study
League of Cal Cities Guide to Prop 4
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I:\cmo\Resolutions\8635 Prop 4 Climate Bond Support.docx1-jm

RESOLUTION 8635

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS IN SUPPORT OF PROPOSITION 4: THE SAFE DRINKING WATER, WILDFIRE PREVENTION, DROUGHT PREPAREDNESS, AND CLEAN AIR BOND ACT OF 2024

WHEREAS California faces devastating wildfires, vulnerable drinking water supplies, extreme summer heat, and other major threats from a changing climate; AND;

WHEREAS California cities are at the forefront of these climate challenges impacting community health, safety, and infrastructure, AND;

WHEREAS Recent California wildfires have burned two million acres, released toxic smoke into our air, and polluted drinking water supplies, with wildfires between 2008-2018 causing up to $456 billion in damages across California AND;

WHEREAS Today, Californians across the state lack access to drinking water that meets safety and reliability standards and water supply reliability varies in the face of recent megadroughts; according to the State Water Board, there are hundreds of thousands of Californians who live in communities where water supplies are contaminated with unsafe levels of substances like arsenic, lead, nitrates, uranium, and perchlorate that impact everyday household water use, AND;

WHEREAS Extreme heat took the lives of several hundred Californians, led to thousands of hospitalizations and emergency room visits, and caused $7.7 billion worth of economic damages between 2013-2022, AND;

WHEREAS Cal Cities and its member cities advocate for necessary resources to improve community and infrastructure resiliency, AND;

WHEREAS The $10 billion of investments included in Proposition 4 aim to help communities avoid and recover from the impacts of wildfire, flood, drought, extreme heat, or other climate-related events, as well as to help restore and protect natural systems experiencing such impacts, AND;

WHEREAS We are already seeing the impacts of a changing climate on nature and California communities and the result of investing in smart planning and action to better manage forests to reduce the risk of fires or to restore lands along rivers that can absorb floodwaters is proven to pay off, with a recent study finding that for every dollar invested to reduce our risk from disasters before they occur, we save roughly seven dollars in emergency response and clean-up, AND;

NOW, THEREFORE BE IT RESOLVED, that the City of Redlands supports Proposition 4 on the November 2024 ballot to prevent devastating wildfires and smoke; provide safe, reliable drinking water and boost water supplies for all; protect California’s iconic forests, mountains, rivers, and coasts; and ensure all Californians have access to clean water and healthy, resilient communities.

ADOPTED AND APPROVED this 15th day of October 2024.

Eddie Tejeda, Mayor

ATTEST:

Jeanne Donaldson, City Clerk
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310 of 503
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/11 /32 /41 /14 /77 /78 /79 /80 /78 /79 /81 /82 /i255 /84 /80 /85 /81 /80 /i255 /86/87/88 /89 /90/91/92 /89 /93 /94/95/i255 /96 /97 /89 /i255 /98 /93 /99 /92 /99 /100 /90 /89 /i255 /99 /92 /101 /90 /99 /i255 /97 /94 /i255 /98 /92/102/92/95/90 /99 /82 /i255 /90 /103 /97 /94 /97/102/93/103 /i255 /93 /102/91/92 /103 /100 /i255/104/i255 /105 /106 /107 /106 /i255 /108 /109 /92/102/110/90 /89 /i255 /97 /96 /i255 /108 /97/102/102/90/89 /103 /90 /109 /100 /100/91/99 /85 /78 /78 /111 /111 /111 /106 /112 /99 /103 /109 /92/102/110/90 /89 /106 /103 /97/102/78/99 /90 /103 /112 /89 /93 /100/113/78 /110 /90 /93 /94/95/114/91/89 /90/91/92 /89 /90 /98 /114 /96 /97 /89 /114 /100 /109 /90 /114 /94 /90 /115 /100 /114 /98 /93 /99 /92 /99 /100 /90 /89 /114/91/92/113/99 /114 /97 /96 /96 /114 /94 /90 /111 /114 /99 /100 /112 /98/113/114 /99 /109 /97 /111 /99 /116 /85 /117 /85 /100 /90 /115 /100 /118 /119 /94 /i255 /96 /92 /103 /100/120/79/108 /i255 /93 /94 /i255 /100 /109 /90 /i255 /79 /121 /82 /110/113/i255/120/79/81 /122/120/79/108 /i255 /92 /96 /100 /90 /89 /i255 /100/123/79/78 /124 Redlands Regular Meeting of 10-15-24
311 of 503
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A Guide to Proposition 4:

The Safe Drinking Water,
Wildfire Prevention, Drought
Preparedness, and Clean
Air Bond Act of 2024

Published: August 2024
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