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City Council Meeting L. 1.
DATE: 12/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Lease Agreement with the Redlands Historical Museum Association for the Museum of Redlands property located at 1 North Center Street, for a not to exceed amount of $36,000 and determine that approval of the lease agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:
I move that City Council determine that approval of the lease agreement with the Redlands Historical Museum Association 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 the lease agreement with the Redlands Historical Museum Association.
2. RECOMMENDATION:
Staff recommend that City Council approve the lease agreement with the Redlands Historical Museum Association and determine that approval of the lease 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 vision for a community museum for Redlands began at the end of the last century when the Redlands Historical Museum Association (RHMA) was formed. In October 2000, the Redlands City Council acted upon this community desire by adopting Resolution 5800 which designated the former City Hall Building (Police Annex) at 30 Cajon Street to be the future site of the Redlands Historical Museum and designated the Board of Trustees of A.K. Smiley Public Library to be the administrator of the proposed museum. However, in subsequent years the location was determined not to be feasible for the site as it was still needed for city administration and public safety personnel. As a result, a search was undertaken by the RHMA to find an alternative location for the museum. After considering and ultimately rejecting several other sites, in 2014 the property located at 700 Brookside Avenue was acquired by the RHMA for the future site of the museum, which was subsequently given the name Museum of Redlands (MOR).
Following this development, the City Council passed Resolution 7445 in September 2014 agreeing to take possession of the museum once constructed and again designated the A.K. Smiley Library Board of Trustees as the future administrators. The City Council made these commitments based upon their finding that a historical museum serves a future public benefit by providing cultural enrichment to the Redlands community and contributes to the City's goals of enhancing tourism and economic development. Construction was divided into three phases and began in January 2021 as fundraising continued.
Phase 1 included the renovation of the exterior of the main building (formerly the Redlands Daily Facts building). Phase 2 included the interior of the main building. Phase 3 included the Event Pavilion space just west of the main building.
Since 2021, in recognition of the community benefit of the MOR, the City Council has contributed to the fundraising for the project. At their April 19, 2022 meeting, the City Council approved a midyear grant agreement with RHMA for $1 million toward the construction of the museum. At their May 7, 2024 meeting the City Council agreed to provide the RHMA a loan of $1 million by the City to RHMA with interest at 4% to be repaid in 2 years. At that same May 7, 2024 meeting, the City Council also agreed to a promissory note with RHMA, advancing $2 million at zero interest to the RHMA. This grant will be repaid by a $2 million grant from the state of California to the city of Redlands, which the state has committed to send to the city upon the conclusion of the construction.
Thanks to these efforts, combined with grants and loans from the A.K. Smiley Public Library Endowment Fund as well as millions of dollars in contributions from donors large and small, the 25-year dream of a museum dedicated to Redlands Regular Meeting of 12-17-2024 490 of 1598
from donors large and small, the 25-year dream of a museum dedicated to sharing the story of Redlands and its residents is close to fruition. The construction of the MOR is scheduled to be substantially completed by the end of 2024. The RHMA is desirous of turning the building over to the City as soon as possible. In a spirit of cooperation, the RHMA and the City have agreed to conclude a lease arrangement for a limited period (2 – 6 months) in 2025 until the transfer agreement can be finalized and adopted. This will address the RHMA’s desire to expeditiously turn the building over to the city, as well as enable the city, through the Library’s Special Collections Division staff, to begin the process of installing artifacts, documents and exhibits in the MOR in January. This in turn will assist with the mutual goal of having the building open to the public as soon as possible thereafter. The proposed lease agreement between the Redlands Historical Museum Association (Landlord) and the City of Redlands (Tenant) establishes a short-term arrangement to facilitate the City’s use and operation of the property. The lease is intended to provide the City access to the property for museum-related activities, administrative setup, and cultural promotions, while allowing the City to assume operational costs prior to the anticipated donation of the property. This agreement outlines the terms of use, rent, responsibilities for maintenance, and insurance requirements, ensuring a clear framework for both parties during this interim period leading up to the property transfer. Below is a summary of the key terms of the lease:
Term: Four months starting February 4, 2025, with a two-month extension option. Lease terminates automatically upon transfer of the Premises to Tenant.
Rent: $6,000 per month, plus Tenant is responsible for utilities and janitorial services. Landlord covers property maintenance and landscaping.
Use: Museum exhibit staging, artifact storage, office setup, cultural promotions, and Landlord-approved activities.
Alterations: Tenant may not make structural changes without written Landlord consent.
Access: Landlord may access the property for specified uses, including a donor reception, with Tenant’s approval.
Insurance: Tenant must maintain liability, property, and additional insurance as specified.
Termination: Lease may be terminated upon transfer of the Premises or for default by either party under outlined conditions.
ALTERNATIVES:
City council may choose to not approve the lease and provide staff alternate direction.
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STRATEGIC PLAN:
Priority A-3 Quality of Life - Historic Preservation and Small Town Feel SUBMITTED BY:
Christopher Boatman, Assistant City Manager
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Don Craw, Facilities and Community Services Department Senior Manager Fiscal Impact
Fiscal Year: 2025
Revenue Generating: N
Appropriation Required Y/N: N
Amount: 36000
Budgeted Y/N: Y
Account No.: 101190 and 101301
Discussion:
Sufficient funds for the rent and operating costs associated with the proposed lease agreement is included in the 2024/26 Library and Facilities and Community Services budgets. Staff will provide a fiscal impact analysis and recommended appropriation when the Transfer Agreement is considered by the City Council as part of a future agenda item.
The $6,000 per month lease cost will cover expenses incurred by the RHMA related to the building and property until the transfer to the City is completed.
These costs are estimated in the table below:
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Expense Category Monthly Cost
Building Maintenance and Supplies $600
Landscape Maintenance $800
Property Insurance $1970
Property Taxes $130
Security and Alarm $144
Insurance Liability, D and O $1145
TOTAL $4789
Attachments
Lease Agreement
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2 I:\cmo\Agreements\Redlands Historical Museum Lease FY24-0088.docx-ms LEASE
THIS LEASE, referred to herein as the “Lease,” is made and entered into as of February 4, 2025 (the “Effective Date”) by and between REDLANDS HISTORICAL MUSEUM ASSOCIATION, a California nonprofit public benefit corporation (which is also a 501(c)(3) corporation), hereafter referred to as “Landlord” and THE CITY OF REDLANDS, a California Municipal Corporation and General Law City, hereafter referred to as “Tenant”. Landlord and Tenant may be referred to as each a “Party” or collectively as the “Parties”.
RECITALS
A. Landlord is the owner of the real property located in Redlands, California, commonly referred to as 1 North Center Street, Redlands, CA (APN 0171191300000) consisting of a parcel of land together with all easements and appurtenances thereto, and a recently constructed multi-purpose event and exhibition building and related offices (the “Building”) and all other improvements located thereon (“Premises”).
B. Lessor and Lessee wish to enter this Lease to provide access to the Premises to Lessee and in anticipation of a contemplated donation of the Premises to Lessee while allowing for Lessee to assume the costs of maintenance and operations prior to donation.
AGREEMENT
NOW, THEREFORE, the Parties agree as follows:
1.0 LEASE AND USE OF PREMISES
1.1 In consideration of the provisions of this Lease, Landlord leases to Tenant and Tenant leases from Landlord, the Premises, together with all easements and appurtenances thereto. The uses Tenant may make of the Premises during the term of the Lease shall be limited exclusively to the following:
a. Staging and installation of exhibits related to the museum’s collections or other cityapproved cultural displays. b. Storage of museum exhibits, artifacts, and related materials. c. Setting up and configuring offices for potential future use, including administrative planning and preparation for full operations.
d. Other activities related to preparation for full operations and promotion of the Premises (such as tours).
e. Other activities (other than as set forth in paragraphs a-d above) only with the express written permission of Landlord which shall not be unreasonably withheld, conditioned or delayed.
f. Tenant shall not make any structural alterations or significant improvements or changes to the Premises without written consent of Landlord. Any such alterations must comply with all relevant laws, building codes and regulations.
1.2 With the prior Notice to AK Smiley Library Director Don McCue, or the City Manager or his designee, Landlord shall have access to the Premises during the Lease term to complete Redlands Regular Meeting of 12-17-2024 494 of 1598
3 I:\cmo\Agreements\Redlands Historical Museum Lease FY24-0088.docx-ms any ongoing construction and for inspections, social events, fundraising and donor outreach functions and tours, and other administrative uses. Landlord currently has events scheduled in 2025 on the following dates: January 15, 16, 25, and February 2. Landlord shall submit to City a special event application, consistent with City’s standard requirements for such events a minimum of four weeks in advance. City shall review the special event application and either approve or provide comment on the application within one week following submittal. Approval for events shall not be unreasonably withheld by City. Landlord may also provide tours consisting of less than 15 attendees with a minimum of 48 hours advanced notice. No such events shall take place until a Certificate of Occupancy for the Premises suitable to Tenant is in place. Notwithstanding anything herein to the contrary, Landlord shall be in compliance with Section 10 prior to any access and use of the Premises by Landlord or any employee, agent or contractor of Landlord, and any such use shall be subject to the terms of Section 12.2.
2.0 RENT AND TERM
2.1 Term. The Lease shall commence on February 4, 2025, and continue for four (4) months until and including June 30, 2025 (the “Term”). Tenant shall have the right to extend the Term of this Lease, at its option, for two additional months on the same terms as contained herein upon providing Landlord with thirty (30) days’ notice in writing prior to the end of the original term. Subsequent terms may be agreed upon by the Parties in writing. The Lease shall be automatically terminated in the event the Premises are transferred to Tenant prior to the expiration of the Lease.
2.2 Rent. Tenant agrees to pay to Landlord monthly, on or before the first day of each month, the sum of $6,000.00 as rent. Rent shall be paid in immediately available funds to “Redlands Historical Museum Association.” In addition to this sum, Tenant shall be responsible during the Term of this Lease to pay directly all costs for electricity, gas, water, internet, telephone service, waste disposal, and sewer that relate to the Premises. Tenant shall also be responsible for all janitorial services within the Premises during the Term of the Lease. Landlord shall be responsible for all maintenance, other than janitorial services, of the interior and exterior of the Premises, including all landscaping.
3.0 PROPERTY TAXES
3.1 Landlord and Tenant acknowledge that no property taxes are expected to be owing or payable as to the Premises during the Term of this Lease. If any property taxes are payable during the Term of this Lease, Landlord shall be responsible for payment.
4.0 WORK OF IMPROVEMENT
4.1 Landlord shall have no obligation to perform any work with respect to the Premises except as needed to obtain a Certificate of Occupancy (the “Work”). Following completion of such Work, Tenant shall accept the Premises in a strictly "AS-IS" condition, provided, however, that Landlord shall deliver: the structural components of the Building and building systems (plumbing, electrical, HVAC, fire/life/safety) in good working order as of the date of completion of the Work and the roof and Building envelope water tight.
Unless otherwise specified herein, no promise of Landlord to alter, remodel, repair or improve the Premises has been made to Tenant by Landlord.
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5.0 LEASEHOLD IMPROVEMENTS; TENANT’S PROPERTY
5.1 All movable partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment located in the Premises and acquired by or for the account of Tenant, which can be removed without structural damage to the Building, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively "Tenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that if any of Tenant's Property is removed, Tenant shall promptly repair any damage to the Premises or to the Building resulting from such removal.
6.0 ASSIGNMENT AND SUBLETTING
6.1 No assignment or hypothecation of this Lease and no subletting of all or any part of the Premises shall be permitted, without the prior written consent of Landlord. Any of the foregoing acts without Landlord's consent shall be void and shall, at the option of Landlord, terminate this Lease.
7.0 HOLDING OVER
7.1 If after expiration of the Term, as such Term may have been extended as provided in Section 2.1 of this Lease, Tenant remains in possession of the Premises with Landlord's permission (express or implied), Tenant shall become a tenant from month to month only, upon all the provisions of this Lease (except as to term), and unless otherwise specified herein, such tenancy shall (a) have a rent of one hundred percent (100%) of the rent payable during the last month of the Term; and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. Such rent shall be payable in advance on or before the first day of each month. If either Party desires to terminate such month-to-month tenancy, it shall give the other Party not less than thirty (30) days advance written notice of the date of termination; provided that in such event Tenant shall have up to ninety (90) days following the termination of this Lease to remove all personal property from the Premises and make any repairs to the Premises as may be required pursuant to Section 5.1 of this Lease.
8.0 SURRENDER OF PREMISES
8.1 No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord.
9.0 REPRESENTATIONS AND WARRANTIES
9.1 Tenant represents and warrants to Landlord as follows:
a. That the execution and delivery of this Lease by Tenant does not contravene, result in a breach of, or constitute a default under any contract or agreement to which Tenant is a party or by which Tenant may be bound and does not violate or contravene any law, order, decree, rule or regulation to which Tenant is subject. b. There are no judicial or administrative actions, suits, or proceedings pending or to Tenant's knowledge threatened against or affecting Tenant.
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5 I:\cmo\Agreements\Redlands Historical Museum Lease FY24-0088.docx-ms c. Tenant, upon Landlord’s request, will deliver evidence satisfactory to Landlord that the execution and delivery of this Lease has been duly authorized and properly executed by Tenant.
d. Where applicable, Tenant has obtained all licenses, permits and certificates necessary for the use and operation of the Premises, except where the failure to have such licenses, permits and certificates would not materially and adversely affect the value, use or operation of the Premises.
9.2 Landlord represents and warrants to Tenant as follows:
a. Landlord is the sole and exclusive owner of fee simple title to the Premises and has the full right and power to grant to Tenant the leasehold interest created by this Lease. b. Landlord has no written or oral agreement or contractual or other restrictions which would materially and adversely affect the use of the Premises by Tenant. c. That the execution and delivery of this Lease by Landlord does not contravene, result in a breach of, or constitute a default under any contract or agreement to which Landlord is a party or by which Landlord may be bound and does not violate or contravene any law, order, decree, rule or regulation to which Landlord is subject. d. Landlord, upon Tenant’s request, will deliver evidence satisfactory to Tenant that the execution and delivery of this Lease has been duly authorized and properly executed by Landlord.
e. No claims, lawsuits or allegations of any kind, are pending, or to the best of Landlord's knowledge, threatened or asserted, against or affecting the Premises. f. No eminent domain proceedings for the condemnation of the Premises are pending or, to the best of Landlord's knowledge, threatened.
g. To the best of Landlord's knowledge, there are no design, material or structural defects in the improvements situated on the Premises.
h. Landlord and its tenants of the Premises have access to and a valid right to utilize all access roads, easements and rights-of-way serving the Premises.
10.0 INSURANCE
10.1 Liability Insurance. Tenant shall, at its sole cost and expense, maintain comprehensive public liability insurance with combined single limits of liability of not less than two million dollars ($2,000,000.00) per occurrence, for bodily injury or property damage, insuring against any and all liability of Tenant with respect to the Premises or arising out of the maintenance, use or occupancy of the Premises by Tenant. Annually, during the term of this Lease. Landlord shall review such limits of liability and if Landlord determines in its reasonable discretion, that such limits are inadequate, then the limits of liability which Tenant shall be required to maintain under this Section shall be increased to an amount which Landlord reasonably determines is adequate.
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10.2 Property Insurance. Tenant, at its sole cost and expense, shall keep the Premises insured against loss or damage by fire and other risks embraced by coverage of the type now known as extended coverage (excluding flood and earthquake coverage, except for sprinkler leakage caused by earthquake, and insurance covering loss of rents by Landlord for a minimum period of one (1) year), and against such other risks or hazards as Landlord may from time to time designate, in an amount not less than one hundred percent (100%) of the then full replacement cost of the Premises without deduction for physical depreciation.
Such policy or policies shall contain a replacement cost endorsement and full replacement cost shall be determined from time to time by the insurance carrier, upon the request of Landlord or Tenant.
10.3 Other Types of Insurance. Tenant, at its sole cost and expense, shall maintain such other insurance in such amounts, as may from time to time be required by Landlord, against other insurable hazards which at the time are commonly insured against in the case of premises similarly situated, due regard being given to the height and type of buildings thereon and their construction, use and occupancy. Without limiting the effect of the forgoing, Tenant, at its sole cost and expense, shall maintain the following insurance:
a. Workers compensation insurance covering all persons employed by Tenant and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant or the Premises, with statutory limits as then required under the laws of the State of California; and
b. Automobile Liability insurance covering all owned, non-owned, and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage; and c. Umbrella liability policy “following form” of not less than Two Million Dollars ($2,000,000), including a “drop down” feature in case the limits of the primary policy are exhausted; and
d. In the event Tenant will generate, handle, use, or store Hazardous Substances at the Premises, pollution legal liability insurance of not less than One Million Dollars ($1,000,000).
10.4 Nature of Policies. All insurance which Tenant maintains shall be affected under valid and enforceable policies issued by insurers of recognized responsibility which are admitted to transact business in California and which have a rating of B+5 or better in the then current edition of Bests Key Rating Guide. Upon execution of this Lease and thereafter, not less than thirty (30) days prior to the expiration date of each policy furnished by Tenant, the original of each policy (or with Landlord's consent, a certificate of the insurance carrier which is reasonably satisfactory to Landlord) bearing a notation evidencing the payment of the premium or accompanied by other evidence reasonably satisfactory to Landlord of such payment, shall be delivered to Landlord. At all times, Landlord shall have the right to require duplicate certified copies of all policies of insurance required to maintained by Tenant as provided in this Lease. In addition, each policy of insurance which is maintained by Tenant, shall contain (a) a provision that no act or omission of Tenant which would otherwise result in forfeiture or reduction of the insurance, shall affect or limit the obligation of the insurance carrier to pay the amount of any loss sustained, (b) a provision waiving subrogation against Landlord and (c) an agreement by the insurance carrier that such policy shall not be modified or cancelled without at least thirty (30) days prior notice, in writing, to Landlord. Notwithstanding anything in this Section 10 to the contrary, Tenant Redlands Regular Meeting of 12-17-2024 498 of 1598
7 I:\cmo\Agreements\Redlands Historical Museum Lease FY24-0088.docx-ms may self-insure for the Tenant insurance coverages stated above by notifying Landlord that Tenant has elected to self-insure for such coverages.
10.5 Landlord as Additional Insured and Adjustment of Loss. All policies of insurance maintained by Tenant shall name Landlord as an additional insured and shall provide for loss under any such policy of insurance, to be adjusted by Landlord.
10.6 Tenant Compliance with Policies. Tenant shall observe and comply with the requirements of all policies of insurance at any time in force with respect to the Premises and Tenant shall also perform and satisfy the requirements of the insurance carriers of such policies, so at all times companies of good standing which are satisfactory to Landlord shall be willing to write or to continue such insurance.
10.7 Tenant's Certification of Insurance. Tenant shall furnish Landlord annually, or more often in the event that Landlord requires, a certificate signed by an authorized officer of Tenant containing a detailed list of the insurance policies maintained by Tenant which are then outstanding and in force with respect to the Premises and stating that such insurance complies with the requirements of this Section 10. Such certificates shall also be provided in the event Tenant has elected to meet its insurance obligations with self-insurance in accordance with Section 10.4, above.
10.8 Landlord’s Insurance. Landlord shall maintain and cause any contractor performing services at the Premises to maintain, as applicable, the following insurance:
(a) Commercial General liability insurance. Landlord shall maintain, and cause any contractor performing services at the Premises to maintain, commercial general liability insurance with combined single limits of liability of not less than $2,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage.
(b) Workers Compensation. Workers compensation insurance covering all persons employed Landlord, and any persons employed by any contractor performing services at the Premises (or cause such contractor to maintain workers compensation insurance with respect to such contractor’s employees), and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant or the Premises, with statutory limits as then required under the laws of the State of California. (c) Automobile Liability. Automobile liability insurance covering all owned, nonowned, and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage.
(d) Umbrella Liability. Umbrella liability policy “following form” of not less than Two Million Dollars ($2,000,000), including a “drop down” feature in case the limits of the primary policy are exhausted.
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11.0 DESTRUCTION OR DAMAGE
11.1 If the Premises or any portion thereof are destroyed or damaged, Tenant shall at its own expense, promptly repair the damage, and Landlord shall make any applicable and available insurance proceeds available for such purpose.
11.2 In the event that then existing laws do not permit the restoration of the Premises to substantially the same nature as they we immediately before any such destruction or damage or in the event that the Premises are, in Landlord's opinion, substantially or totally destroyed, then at Landlord's sole election, this Lease shall terminate as of the date of such destruction or damage and all insurance proceeds for damage or loss to the Premises shall be paid to Landlord and all insurance proceeds for damage or loss to the leasehold improvements and to Tenant's property shall be retained by Tenant.
12.0 INDEMNIFICATION
12.1 Without limiting Tenant's obligation to maintain insurance under Section 10 hereof, Tenant shall indemnify and hold Landlord harmless against and from liability and claims of any kind for loss or damage to property of Tenant or any other person, or for any injury to or death of any person, arising out of: (1) Tenant's use and occupancy of the Premises, or any work, activity or other thing allowed or suffered by Tenant to be done in, on or about the Premises; (2) any breach or default by Tenant of any of Tenant's obligations under this Lease; or (3) any negligent or otherwise tortious act or omission of Tenant, its agents, employees, invitees or contractors; provided that such indemnity shall not extend to any liability or claim to the extent arising from the occurrence of any event or circumstance for which indemnity by the Landlord is provided for pursuant to Section 12.2. Tenant shall, at Tenant's expense, and by counsel reasonably satisfactory to Landlord, defend Landlord in any action or proceeding arising from any such claim and shall indemnify Landlord against all costs, reasonable attorneys' fees, expert witness fees and any other reasonable expenses incurred in such action or proceeding. As a material part of the consideration for Landlord's execution of this Lease, Tenant hereby assumes all risk of damage or injury to any person or property in, on or about the Premises from any cause.
12.2 Landlord shall indemnify and hold Tenant harmless against and from liability and claims of any kind for loss or damage to property of Landlord or any other person, or for any injury to or death of any person, arising out of: (1) Landlord’s use of the Premises, or any work, activity or other thing allowed or suffered by Landlord to be done in, on or about the Premises; (2) any breach or default by Landlord of any of Landlord’s obligations under this Lease; or (3) any negligent or otherwise tortious act or omission of Landlord, its agents, employees, invitees or contractors; provided that such indemnity shall not extend to any liability or claim to the extent arising from the occurrence of any event or circumstance for which indemnity by the Tenant is provided for pursuant to Section 12.1. Landlord shall, at Landlord's expense, and by counsel reasonably satisfactory to Tenant, defend Tenant in any action or proceeding arising from any such claim and shall indemnify Tenant against all costs, reasonable attorneys' fees, expert witness fees and any other reasonable expenses incurred in such action or proceeding. As a material part of the consideration for Landlord's use of the Premises for special events and tours as set forth in Section 1.2, Landlord hereby assumes all risk of damage or injury to any person or property in, on or about the Premises from any cause.
13.0 WAIVER OF SUBROGATION
13.1 Landlord and Tenant each hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that Redlands Regular Meeting of 12-17-2024 500 of 1598
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14.0 TENANT ESTOPPEL CERTIFICATES
14.1 Within ten (10) days after written request from Landlord, Tenant shall execute and deliver to Land- lord or Landlord's designee, a written statement certifying (a) that this Lease is unmodified and in full force and effect, or is in full force and effect as modified and stating the modifications; (b) the amount of rent and the date to which rent and any additional rent have been paid in advance; and (c) that Landlord is not in default hereunder or, if Landlord is claimed to be in default, stating the nature of any claimed default. Any such statement may be relied upon by a purchaser, assignee or lender. Tenant's failure to execute and deliver such statement within the time required shall be conclusive upon Tenant that: (1) this Lease is in full force and effect and has not been modified except as represented by Landlord; (2) there are no uncured defaults in Landlord's performance and that Tenant has no right of offset, counterclaim or deduction against Rent; and (3) not more than one (1) month’s Rent has been paid in advance.
15.0 TRANSFER OF LANDLORD’S INTEREST
15.1 In the event of any sale or transfer by Landlord of the Premises, Landlord shall be and is hereby entirely freed and relieved of any and all liability and obligations contained in or derived from this Lease arising out of any act, occurrence or omission relating to the Premises occurring after the consummation of such sale or transfer. If any security deposit or prepaid rent has been paid by Tenant, Landlord may transfer the security deposit or prepaid rent to Landlord's successor and upon such transfer, Landlord shall be relieved of any and all further liability with respect thereto. In such event, Tenant shall attorn to the purchaser, transferee or assignee as the case may be, and recognize that party as Landlord under this Lease.
15.2 Notwithstanding anything herein to the contrary, no assignment, transfer or conveyance of the Premises by Landlord shall be permitted without the prior written consent of Tenant, which consent may be withheld in Tenant’s sole and absolute discretion, and any such transfer or conveyance without Tenant’s consent shall be a breach of this Lease. In the event of any such assignment, transfer or conveyance without Tenant’s consent, Tenant may, at the option of Tenant, terminate this Lease upon written notice to Landlord.
16.0 DEFAULT
16.1 Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant abandons or vacates the Premises; or
b. If Tenant fails to pay any rent or any other charges required to be paid by Tenant under this Lease and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, provided that Landlord shall no longer be required to give such notice if the payment is late more than one time in any calendar year; or c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided if such default cannot reasonably be cured within such thirty (30) days period, and Tenant has commenced curing that default within that thirty (30) day period and thereafter diligently and expeditiously proceeds to cure that default, then that thirty (30) day period will be extended for so long as reasonably required by Tenant in the exercise of due diligence to cure that default, up to a maximum of 90 days after the notice to Tenant of the default; or
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10 I:\cmo\Agreements\Redlands Historical Museum Lease FY24-0088.docx-ms d. If a writ of attachment or execution is levied on this Lease or on any of Tenant’s property and is not satisfied or released within fifteen (15) days of such levy; or e. If Tenant makes a general assignment for the benefit of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws is filed and not withdrawn or dismissed within sixty (60) days thereafter, or if under the provisions of any law pro- viding for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force relinquished, unstayed or unterminated for a period of sixty (60) days.
16.2 Remedies. In the event of Tenant's default hereunder, then in addition to any other rights or remedies Landlord may have under any law and at equity, Landlord shall have the right, at Landlord's option, without further notice or demand of any kind to do the following:
a. Terminate this Lease and Tenant's right to possession of the Premises, and reenter the Premises and take possession thereof, and Tenant shall have no further claim to the Premises under this Lease; or
b. Continue this Lease in effect, reenter and occupy the Premises for the account of Tenant; or c. Continue this Lease in effect, reenter and occupy the Premisesfor the account ofTenant and collect any unpaid rent or other charges which have or thereafter become due and payable.
16.3 Waiver. The waiver by Landlord of any breach of any term, covenant or condition of this Lease shall not be deemed a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition. Acceptance of rent by Landlord subsequent to any breach hereof shall not be deemed a waiver of any preceding breach other than the failure to pay the particular rent so accepted, regardless of Landlord's knowledge of any breach at the time of such acceptance of rent. Landlord shall not be deemed to have waived any term, covenant or condition unless Landlord gives Tenant written notice of such waiver.
16.4 Landlord’s Default. If Landlord fails to perform any covenant, condition or agreement contained in this Lease within thirty (30) days after receipt of written notice from Tenant specifying such default, provided if such default cannot reasonably be cured within such thirty (30) days period, and Landlord has commenced curing that default within that thirty (30) day period and thereafter diligently and expeditiously proceeds to cure that default, then that thirty (30) day period will be extended for so long as reasonably required by Landlord in the exercise of due diligence to cure that default, up to a maximum of 90 days after the notice to Landlord of the default, then Landlord shall be liable to Tenant for any damages sustained by Tenant as a result of Landlord’s breach. If, after notice to Landlord of default, Landlord (or any mortgage or deed of trust beneficiary of Landlord) fails to cure the default as provided herein, then Tenant shall have the right to cure that default at Landlord’s expense.
16.5 Remedies Cumulative. The various rights and remedies reserved to Landlord in this Lease, including those not specifically described in this Lease, shall be cumulative and Landlord may pursue any or all of such rights and remedies, whether at the same time or otherwise.
Redlands Regular Meeting of 12-17-2024 502 of 1598
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16.6 Late Charge. WITHOUT LIMITING THE EFFECT OF ANY OTHER PROVISION IN THIS LEASE, IF TENANT IS FIFTEEN (15) DAYS OR LATER IN THE PAYMENT
OF ANY SUM DUE LANDLORD UNDER THIS LEASE, LANDLORD AND TENANT
AGREE THAT IT WOULD BE IMPRACTICABLE AND EXTREMELY DIFFICULT TO ASCERTAIN THE ACTUAL RESULTING DAMAGES TO LANDLORD.
ACCORDINGLY, LANDLORD AND TENANT AGREE THAT FIVE PERCENT (5%)
OF THE LATE PAYMENT IS A REASONABLE ESTIMATE OF SUCH DAMAGES
AND SHALL CONSTITUTE LIQUIDATED DAMAGES PAYABLE BY TENANT TO LANDLORD IN EACH SUCH EVENT.
Landlord Initials Tenant Initials
17.0 CURING TENANT’S DEFAULTS
17.1 If Tenant defaults in the performance of any of its obligations under this Lease, Landlord may (but shall not be obligated to) without waiving such default, perform the same for the account and at the expense of Tenant. Tenant shall pay Landlord all reasonable costs of such performance promptly upon receipt of an itemized bill therefor.
18.0 MISCELLANEOUS
18.1 Accord and Satisfaction; Allocation of Payments. No payment by Tenant or receipt by Landlord of a lesser amount than the rent provided for in this Lease shall be deemed to be other than on account of the earliest due rent, nor shall any endorsement or statement on any check or letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord’s right to recover the balance of the rent or pursue any other remedy provided for in this Lease. In connection with the foregoing, Landlord shall have the absolute right in its sole discretion to apply any payment received from Tenant to any account or other payment of Tenant then not current and due or delinquent.
18.2 All provisions of this Lease to be performed by Tenant, whether covenants or conditions on the part of Tenant, shall be deemed to be both covenants and conditions.
18.3 Attorneys’ Fees. If any action or proceeding is brought by either party against the other pertaining to or arising out of this Lease, the finally prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' fees, incurred on account of such action or proceeding.
18.4 Waiver of Jury Trial. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, LANDLORD AND TENANT HEREBY AGREE NOT TO ELECT A TRIAL BY
JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND WAIVE ANY RIGHT
TO TRIAL BY JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT NOW OR HEREAFTER EXISTS WITH REGARD TO THIS LEASE. THIS WAIVER OF RIGHT
TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY
LANDLORD AND TENANT, AND IS INTENDED TO ENCOMPASS INDIVIDUALLY
EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A TRIAL BY JURY WOULD OTHERWISE ACCRUE. LANDLORD OR TENANT IS HEREBY
AUTHORIZED TO FILE A COPY OF THIS SECTION IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER.
Redlands Regular Meeting of 12-17-2024 503 of 1598
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18.5 Captions Articles and Section Numbers. The captions appearing within the body of this Lease have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope or meaning of this Lease.
18.6 Choice of Law and Forum. This Lease shall be construed and enforced in accordance with the laws of the State of California. Any action with respect to this Lease shall be brought in any court with jurisdiction in the County of San Bernardino.
18.7 Counterparts. This Lease may be executed in multiple counterparts, all of which shall constitute one and the same Lease.
18.8 Force Majeure. If due to acts of God, governmental restrictions or regulations or controls, judicial orders, enemy or hostile government actions, civil commotion, or other causes beyond the reasonable control of the Parties hereto, a Party shall fail to perform any of the terms of this Lease, such failure and performance shall be excused for a period equal to the duration of that prevention, delay or stoppage, and such prevention, delay or stoppage shall not constitute an event of default under this Lease. Market factors or economic factors shall not under any circumstances be deemed to excuse Landlord’s or Tenant's performance of any of the terms of this Lease.
18.9 Further Assurances. The Parties agree to promptly sign all documents reasonably requested to give effect to the provisions of this Lease.
18.10 Prior Agreements; Amendments. This Lease contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provision of this Lease may be amended or added to except by an agreement in writing signed by the Parties or their respective successors in interest.
18.11 Severability. In the event that any term or provision of this Lease or the application of the same to any person or circumstance is, to any extent, invalid or unenforceable, the remainder of this Lease or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law.
18.12 Successors and Assigns. This Lease shall apply to and bind the heirs, personal representatives, and permitted successors and assigns of the Parties.
18.13 Time of the Essence. Time is of the essence of this Lease.
18.14 Waiver. No failure in the exercise of any right or remedy provided for herein shall impair such right or remedy or be construed as a waiver. The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment for the particular rent payment involved. No act or conduct of Landlord, including, without limitation, the acceptance of keys to the Premises, shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term.
Only a written notice from Landlord to Tenant shall constitute acceptance of the surrender of the Premises and accomplish a termination of the Lease. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant. Any Redlands Regular Meeting of 12-17-2024 504 of 1598
13 I:\cmo\Agreements\Redlands Historical Museum Lease FY24-0088.docx-ms waiver of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provisions of the Lease.
18.15 Notices. All notices required or permitted to be given under this Lease shall be in writing and shall be deemed to have been given and received (a) when personally delivered, or delivered by same-day courier; or (b) on the third business day after mailing by registered or certified mail, postage prepaid, return receipt requested; or (c) upon delivery when sent by prepaid overnight express delivery service (e.g., FedEx, UPS); or (d) when sent by email or facsimile and upon the receipt by the sending party of written confirmation by the receiving party; provided, however, that an automated facsimile or email confirmation of delivery or read receipt shall not constitute such confirmation.
18.15.1 If to Landlord: ___________________ Email: ___________________________
18.15.2 If to Tenant: ___________________ Email: ___________________________ IN WITNESS HEREOF, Parties hereto have executed this Lease as of the date set forth on page 1.
Redlands Historical Museum Association
By: _____________________________
Name: _____________________________
Title: _____________________________
City of Redlands
By: _____________________________
Name: _____________________________
Title: Mayor________________________
ATTEST:
_____________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 12-17-2024 505 of 1598
City Council Meeting L. 2.
DATE: 12/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Sole Source Procurement Waiver and Professional Services Agreement with Tilden-Coil Constructors, Inc., for Master Construction Management Services for State Street City Hall for an amount not to exceed $1,363,358, approval of an additional appropriation, and determination that this action is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:
I move that the City Council determine approval of a Professional Services Agreement with Tilden-Coil Constructors, Inc., for Master Construction Management Services for State Street City Hall 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 further move that the City Council approval to waive competitive procurement procedures to contract directly with Tilden-Coil Constructors, Inc., for Master Construction Management Services for State Street City Hall; and
2. I further move that the City Council approve the Professional Services Agreement with Tilden-Coil Constructors, Inc. for Master Construction Management Services for State Street City Hall in the amount not to exceed $1,363,358; and
3. Approve an additional appropriation of $1,363,358.
4. Redlands Regular Meeting of 12-17-2024 506 of 1598
RECOMMENDATION:
Staff recommends that City Council approve the Professional Services Agreement with Tilden-Coil Constructors, Inc. for Master Construction Management Services for State Street City Hall in the amount not to exceed $1,363,358, waive the competitive procurement process, approve an additional appropriation in the same amount, and determine that this action is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act.
DISCUSSION:
In September 2023, City Council approved a Professional Services Agreement with Tilden-Coil Constructors, Inc. for Master Construction Management Services of the City's new Police Department Safety Hall Facility. The traditional model for cities to undergo a construction project is referred to as "design-bid-build." That process includes hiring an architect, bidding on the project, and awarding a construction contract to a contractor. However, many public agencies are beginning to use a method referred to as construction management/ multiple prime delivery to better manage large projects and mitigate risk. Construction Management Multi-Prime, as it is commonly referred to, is a project delivery method in which the professional contractor/ construction manager ("CM") serves as a consultant on a project from inception to completion. The City also enters into separate construction contracts directly with subcontractors who are managed by the CM.
During the design phase, the contractor collaborates with the architect to perform constructability reviews and to ensure that cost estimates are accurate.
The CM will also assist the City with bidding on the construction contracts and reviewing subcontractor qualifications. During construction, the contractor manages the project and helps ensure timely delivery. “Multi-Prime” refers to the City’s direct contracting with more than one trade contractor instead of utilizing a General Contractor to procure trade contractor services. The advantages of this method include access to an independent, construction-based perspective during the design phase; competitive bidding processes; reduced change orders; greater control over schedule; and use of the CM as the City's representative and or advocate throughout the construction process. For these reasons, the CM/Multiple Prime approach is recognized and widely used in the public and private sectors as an effective and efficient means of successfully delivering construction projects.
State Street City Hall Project
In 2021, the City acquired the facility known as the Citrus Center, located at 300 East State Street, for development into a new City Hall facility. In September Redlands Regular Meeting of 12-17-2024 507 of 1598
2023, the City Council awarded a contract to Miller Architectural Corporation for the design and construction management of the City's new City Hall Facility located at 300 E. State Street, Redlands, CA 92373.
As the development of the new City Hall Facility has progressed, staff have determined that the need for Master Construction Management Services is necessary for this facility improvement project as it has been successful with the City's Police Department Safety Hall Facility development. The pre-construction evaluation of the design and master construction management services will provide expertise for the City, lowering potential costs associated with change orders, and other unexpected challenges that occur during major construction projects. To avoid delays and reduce liability for the City, staff is recommending waiving the competitive procurement process and contracting directly with Tilden Coil Constructors, Inc. for these services. Staff negotiated a reasonable fee to provide these services, similar to services being provided for the City's Safety Hall project. The agreement total is in the amount of $1,363,358, which includes $50,000 for pre-construction phase services, $813,358 for general conditions (project site support services), and a construction management fee based on 5% of the project construction budget.
Approval of the Professional Services Agreement with Tilden-Coil Constructors, Inc. for Master Construction Management Services is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act, since it can be seen with certainty that doing so will not have a significant effect on the environment.
ALTERNATIVES:
City Council may elect not to approve the agreement and direct staff accordingly.
STRATEGIC PLAN:
Supports Priority B - Public Health and Safety.
SUBMITTED BY:
Christopher Boatman, Assistant City Manager
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Redlands Regular Meeting of 12-17-2024 508 of 1598
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:
Tricia Swope, Manager, Facilities and Community Services Fiscal Impact
Fiscal Year: FY 2024-25
Amount: 1,363,358
Account No.: 406501.8501
Discussion:
This expense will be offset with a release of the Future Facilities Reserve from the General Fund. The current balance of that reserve is $18,805.890.
Attachments
Agreement
Additional Appropriation Form
Redlands Regular Meeting of 12-17-2024 509 of 1598
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AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for Master Construction Management Services (“Agreement”) is made and entered in this 17th day of December 2024 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Tilden-Coil Constructors, 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 and perform services in connection with the preconstruction, bidding, and construction management of the projects in connection with the State Street City Hall Facility (SSCH) Project as assigned from time-to-time by the City to the Consultant under this Agreement (the “Services) as set forth herein.
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 – SERVICES OF CONSULTANT
2.1 The Construction Management (CM) Services that Consultant shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.
2.2 Standard of Performance. Consultant shall at all times faithfully and competently perform the Services in accordance in a manner satisfactory to the City and consistent with the skill and standard of care generally exercised by like professionals under similar circumstances.
2.3 Time of Performance. Consultant shall commence the Services upon receipt of a written notice to proceed from City and shall perform all Services in conformance with the timeline established by the Parties in writing.
2.4 Personnel. Consultant has, or shall secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services shall be performed by Consultant or under its supervisions, and all personnel engaged in the work shall be qualified to perform such Services.
2.5 Consultant 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.
2.6 Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Services under this Agreement, including a business license.
Redlands Regular Meeting of 12-17-2024 510 of 1598
2 I:\cmo\Agreements\Tilden-Coil Constructors, Inc. (State Street) FY24-0084.docx-ms ARTICLE 3 – RESPONSIBILITIES OF CITY
3.1 City designates Chris Boatman, Assistant City Manager, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, 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 timelines set forth in this Agreement as otherwise established by the Parties in writing.
4.2 The Term of this Agreement shall commence on December 1, 2024, and shall terminate sixty (60) months thereafter on December 1, 2029. Notwithstanding expiration of the Term, if at such time, there are remaining Services or Additional Services authorized by City in advance pursuant to Section 5.3 to be performed by the Consultant in connection with the Project, the Consultant shall continue to diligently perform and complete all such remaining Services or authorized Additional Services for the Project subject to; notwithstanding expiration of this Agreement, the City will continue to make payment for the Services and authorized Additional Services performed in connection with the Project after expiration of this Agreement.
4.3 If Consultant’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Counciladopted 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 Compensation: Total compensation for Consultant’s performance of the Services shall be in an amount not to exceed One Million Three Hundred Sixty-Three Thousand Three Hundred FiftyEight Dollars ($1,363,358) without written authorization by the City. City shall pay Consultant in accordance with Exhibit “B,” titled “Fee Schedule and Hourly Rates” which is attached hereto and incorporated herein by this reference. The Contract Price includes the fee of the Consultant, and personnel expenses of the Consultant and sub-consultants, inclusive of all benefits and burdens, travel for personnel of the Consultant and sub-consultants to and from the Site, travel within the Counties of Los Angeles, Orange, Riverside and San Bernardino, insurance and other overhead costs associated with or arising out of performance and completion of Services for an Assigned Project. The Contract Price due the Consultant for an Assigned Project shall be established by mutual agreement of the Consultant and the City, and shall be determined using the following:
1. Consultant Fee. Consultant Fee shall be calculated based on the anticipated sum of prime contracts for the Assigned Project at the rates identified in Exhibit “B”.
2. Preconstruction Labor. A not to exceed budget based upon Consultant’s rates listed in Exhibit “B”.
3. General Conditions – A not to exceed budget base upon Consultant’s rates listed in Exhibit “B” and agreed upon reimbursable expenses to support the Assigned Project.
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5.2 Expenses. City shall reimburse Consultant for those expenses expressly set forth in the approved General Conditions budget. Any expenses incurred by Consultant which are not expressly authorized by this Agreement or the approved General Conditions Budget will not be reimbursed by the City.
5.3 Additional Services. City shall not allow any claims for Additional Services performed by Consultant, unless the City Council or City Representative, as applicable, and the Consultant Representative authorize the Additional Services in writing prior to Consultant’s performance of the Additional Services or incurrence of additional expenses. Any Additional Services or expenses authorized by the City Council or City Representative shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. City shall make payment for Additional Services and expenses in accordance with Section 5 of this Agreement.
5.4 Invoices. The Consultant will submit monthly billings for payment of the Contract Price due in accordance with the following:
Consultant Fee: Upon commencement of the Construction Phase of the Assigned Project, the CM may invoice the City for twenty five percent (25%) of its Services Fee. The CM shall thereafter invoice the balance of the Services Fee in monthly increments based upon the percent complete of the Assigned Project
Preconstruction and General Conditions: The Consultant’s billings shall: (i) identify each member of the Consultant’s personnel who performed any Services or authorized Additional Services in the preceding month; (ii) a detailed description of the services, tasks or other activities for each time entry; (iii) time entries shall be in increments of no more than one-half hour; all approved reimbursable costs shall be supported by an invoice, receipt or acceptable documentation. If the compensation due the Consultant is a lump sum fixed price, the Consultant’s monthly billings shall be for the portion of the lump sum, fixed price due for the immediately preceding month. If requested by the City, the Consultant shall provide reasonably satisfactory substantiating data for payment requested by the Consultant.
5.5 Payment. City shall pay all undisputed invoice amounts within 30 business days after receipt.
City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant.
5.6 Audit of Records. Consultant shall make all records, invoices, timecards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.
ARTICLE 6 – NOTICES
6.1 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 Redlands Regular Meeting of 12-17-2024 512 of 1598
4 I:\cmo\Agreements\Tilden-Coil Constructors, Inc. (State Street) FY24-0084.docx-ms contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY: CONSULTANT:
City Clerk Dayne Brassard, President & CEO
City of Redlands Tilden-Coil Constructors, Inc.
35 Cajon Street 3612 Mission Inn Ave.
P.O. Box 3005 (mailing) Riverside, CA 92501
Redlands, CA 92373 Email: [email protected]
[email protected] Phone: 951-684-5901
Phone: (909) 798-7531
ARTICLE 7 – INSURANCE AND INDEMNIFICATION
7.1 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 “D,” 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 ($2,000,000) per occurrence and Two Million Dollars ($4,000,000) 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 noncontributing 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 Two Million Dollars ($2,000,000) per claim made.
D. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property 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 nonownership 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 Redlands Regular Meeting of 12-17-2024 513 of 1598
5 I:\cmo\Agreements\Tilden-Coil Constructors, Inc. (State Street) FY24-0084.docx-ms without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor. This provision 7.1 shall survive termination or expiration of this Agreement.
7.2 Indemnity for Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify, defend and hold harmless the City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent consultants in the role of City officials (“Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, are claimed to arise out of, pertain to, or relate, in whole or in part, to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, servants, employees, subcontractors, material men, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by Indemnitees in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the Indemnitees. Notwithstanding, the provisions of this section pertaining to the duty and cost to defend shall not apply where a project-specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis.
This provision 7.2 shall survive termination or expiration of this Agreement.
7.3 Other Indemnities. Other than in the performance of professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages and whether for personal or bodily injury and/or death, property damage, or economic injury (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, Consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal Redlands Regular Meeting of 12-17-2024 514 of 1598
6 I:\cmo\Agreements\Tilden-Coil Constructors, Inc. (State Street) FY24-0084.docx-ms expenses and costs incurred by the Indemnitees in connection therewith. This provision 7.3 shall survive termination or expiration of this Agreement.
7.4 Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 7 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, Consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. This provision 7.4 shall survive termination or expiration of this Agreement.
ARTICLE 8 – CONFLICTS OF INTEREST
8.1 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.
8.2 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 specified in City’s Conflict of Interest Code under Government Code section 87302.
8.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Redlands Regular Meeting of 12-17-2024 515 of 1598
7 I:\cmo\Agreements\Tilden-Coil Constructors, Inc. (State Street) FY24-0084.docx-ms Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.
8.4 Independent Contractor.
A. Consultant is and shall at all times remain as to City a wholly independent contractor.
Personnel performing the Services on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither the City, nor any of its officers, employees, or agents shall have control over the conduct of Consultant, or its officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or bind the City in any manner.
B. Consultant expressly acknowledges and agrees that City has no obligation to pay or withhold state or federal taxes or to provide workers’ compensation or unemployment insurance or other employee benefits and that any person employed by Consultant shall not be in any way an employee of the City. Consultant shall have the sole legal responsibility to remit all federal and state income and social security taxes and to provide for his/her own workers compensation and unemployment insurance and that of his/her employees or subcontractors. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
8.5 Responsible Principal(s). Consultant’s responsible principal Bryant Ismerio, Project Executive, shall be principally responsible for Consultant’s obligations under this Agreement and shall serve as principal liaison between City and Consultant. Designation of another Responsible Principal by Consultant shall not be made without prior written consent of City. City’s Responsible Principal shall be Chris Boatman, Assistant City Manager, who shall administer the terms of the Agreement on behalf of City.
Consultant’s management and supervision personnel assigned to an Assigned Project shall be approved by the City.
Consultant shall not substitute any of the above-named individuals without the express written consent of the City.
ARTICLE 9 – GENERAL CONSIDERATIONS
9.1 Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
Redlands Regular Meeting of 12-17-2024 516 of 1598
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9.2 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of in-house counsel by a Party.
9.3 Consultant 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, result in City’s immediate termination of this Agreement.
9.4 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 Services, 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.
9.5 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.
9.6 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, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant.
9.7 Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check.
However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents of its indemnification obligations under Section 7 or for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
Redlands Regular Meeting of 12-17-2024 517 of 1598
9 I:\cmo\Agreements\Tilden-Coil Constructors, Inc. (State Street) FY24-0084.docx-ms
9.8 Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s reports or plans, or other submittals. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
9.9 Non-Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s services beyond the current fiscal year, the Agreement shall cover payment for Consultant’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
9.10 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.
9.11 Rules of Construction. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
9.12 Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
9.13 Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. Consultant declares and warrants that no officer or employee of the City will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
9.14 Prevailing Wage and Payroll Records. If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then Consultant shall comply with the provisions of Exhibit C titled, “Terms for Compliance with California Labor Redlands Regular Meeting of 12-17-2024 518 of 1598
10 I:\cmo\Agreements\Tilden-Coil Constructors, Inc. (State Street) FY24-0084.docx-ms Law Requirements,” which is attached hereto and incorporated herein by this reference.
Consultant shall indemnify, defend and hold harmless City, and City’s elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent consultants for any alleged failure to comply with California Labor Law requirements.
9.15 Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
9.16 Statement of Experience. By executing this Agreement, Consultant represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to City. Consultant represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that Consultant is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public City. The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
9.17 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, the parties have executed this Agreement, to be effective as of December 17, 2024.
CITY OF REDLANDS TILDEN-COIL CONSTRUCTORS, INC.
By: ___________________________ By: _________________________ , Mayor Dayne Brassard, President & CEO
ATTEST:
_________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 12-17-2024 519 of 1598
11 I:\cmo\Agreements\Tilden-Coil Constructors, Inc. (State Street) FY24-0084.docx-ms EXHIBIT "A"
SCOPE OF SERVICES
Preconstruction Phase
a. Value Engineering and Constructability. Provide plan review and constructability services with an emphasis on ensuring that the project can be completed within the established schedule and within the available budget. Provide a detailed analysis of all major project systems with an emphasis on possible value engineering items. Provide clash detection review using the Building Information Model provided by the Architect.
b. Detailed Construction CPM Schedule. Produce detailed construction CPM schedule to be incorporated into the project documents including identification of the project critical path. c. Preliminary and Detailed Estimates. Provide a preliminary construction estimate using like kind construction costs. Upon receipt of plans and specifications, provide a detailed construction estimate showing the values of all major components of the project. d. Bidding Strategies. Consult with the Architect and City staff regarding bidding strategies with an emphasis upon timing, development of alternates, and bid package scoping. e. Project Accounting and Management Systems. In concert with City staff, develop the project accounting and budget management systems.
f. General Conditions Document Preparation. The Construction Manger shall ensure that the General Conditions are suitable for the Construction Management Multi-Prime delivery system. g. Project Scoping. Multiple Prime Construction Management requires that the project be divided into logical categories of work.
h. Bidder Interest. Generate and encourage bidder interest in the project and provide assistance with such issues as bonding, insurance, and prevailing wage compliance. i. Advertisements. Assist City staff with the placement of both the project legal advertisements and any other pre-bid advertisements.
j. Pre-bid Conferences. In cooperation with City staff conduct pre-bid and site visit meetings with potential bidders.
k. Responses to Bidder Inquiries. Provide coordination of and, when possible, responses to bidder inquiries.
l. Plan and Addenda Distribution. Distribute all plan sets, bid packages, and addenda electronically.
Redlands Regular Meeting of 12-17-2024 520 of 1598
12 I:\cmo\Agreements\Tilden-Coil Constructors, Inc. (State Street) FY24-0084.docx-ms m. Bid Evaluation and Review. Review and evaluate all bids for responsiveness and certify the construction bid results.
n. Contract Documents. Prepare contract packages for City review. Distribute and monitor completion of these contract packages.
o. NOA's and NTP's. Issue Notices of Award (NOA) and Notices to Proceed (NTP) on behalf of the City.
Construction Phase
a. CPM Schedule Maintenance. Maintain a detailed and date specific CPM schedule. Continue to update the CPM construction schedule and distribute to the appropriate parties. b. Budget Control and Maintenance. Prepare cumulative project budget reports updated regularly with the latest construction cost and soft cost data.
c. Storm Water Pollution Plan. Ensure that Storm Water Pollution Prevention Plan is initiated and maintained.
d. Schedule of Values. Review and reconcile each contractor’s schedule of values for each of the activities included in the construction schedule. Incorporate this report into the project standard billing package and use as the basis for all future progress payments during the construction phase.
e. Monthly Billing Procedures. Generate a standard billing process and confirm billing information from the contractors. Review and obtain Inspector and Architect approvals. Forward monthly contractor billing packages to the City.
f. Safety Programs. To the extent required by OSHA or any other public agency, obtain each Contractor’s safety programs and monitor their implementation along with any necessary safety meetings. Construction Manager’s responsibilities for monitoring of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractors. g. Conduct Pre-Construction Conference. Conduct pre-construction conference for the benefit of the successful contractors. Provide information with regard to reporting procedures and site rules and regulations prior to the start of construction. h. Project Record Documents. Coordinate and expedite all activities in connection with the contractors’ obligation to provide “as-built” documents. Ensure that all as-builts are incorporated into a single set of Project Record Documents.
i. Document Control. Establish and implement procedures for submittals, change orders, and requests for information. Maintain logs, files, and other necessary documentation. j. Building Information Modeling. Conduct trade coordination meetings with the contractors within the Building Information Model, including incorporation of shop drawings within the model.
Redlands Regular Meeting of 12-17-2024 521 of 1598
13 I:\cmo\Agreements\Tilden-Coil Constructors, Inc. (State Street) FY24-0084.docx-ms k. Shop Drawings & Submittals. Review and monitor the status of shop drawings and related correspondence.
l. Administration of the Construction Contracts. Management and Supervision: Manage, supervise and coordinate all construction activities in accordance with the Construction Documents and project schedule. Provide full-time onsite management of the project as necessary. Ensure that City requirements regarding certified payrolls and subcontractor and material supplier releases are carried out.
m. Change Order Review. Establish and implement a change order processing system that provides review of scope, price, and added contract time.
n. Contractor Claims. Evaluate and mitigate all claims for additional cost or time due to any alleged cause.
o. Project Meetings. Coordinate and attend weekly job-site progress meetings with the City, Architect, Inspector, and Prime Contractors if and when needed. p. Insurance Certificates. Monitor Prime Contractor insurance certificates for coverages, endorsements, limits, and expiration dates.
q. Relocation. Coordinate the arrival and installation of any City furnished materials and FF&E.
Provide coordination schedules for user relocation if needed. r. User Training. Schedule and document all City training sessions. Arrange for supplementary information where needed. Arrange for manufacturers to conduct training for maintenance and operations staff.
s. Punch lists. Develop punch list of defective work. Create a punch list schedule for completion.
Verify completion of punch list items.
t. Submit As-Builts. Review contractual requirements for As-Built Documents and submission procedures.
u. Project Closeout and Warranties. Create Operation and Maintenance Manuals. Compile all contractor turn-over items and deliver to the City. Process and coordinate all post construction project warranty and guarantee claims.
v. Final Lean Releases. Verify requirements in the Construction Documents.
Redlands Regular Meeting of 12-17-2024 522 of 1598
EXHIBIT “B”
FEE SCHEDULE & HOURLY RATES
Redlands Regular Meeting of 12-17-2024 523 of 1598
15 I:\cmo\Agreements\Tilden-Coil Constructors, Inc. (State Street) FY24-0084.docx-ms EXHIBIT “C”
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts.
The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
Redlands Regular Meeting of 12-17-2024 524 of 1598
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8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.
Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultant or any subcontractor becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified Redlands Regular Meeting of 12-17-2024 525 of 1598
17 I:\cmo\Agreements\Tilden-Coil Constructors, Inc. (State Street) FY24-0084.docx-ms prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.
Redlands Regular Meeting of 12-17-2024 526 of 1598
18 I:\cmo\Agreements\Tilden-Coil Constructors, Inc. (State Street) FY24-0084.docx-ms EXHIBIT "D"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
TILDEN-COIL CONSTRUCTORS, INC.
By: Date: ___________________
Dayne Brassard, President & CEO
Redlands Regular Meeting of 12-17-2024 527 of 1598
DATE OF REQUEST:
An additional appropriation is hereby requested as follows:
Department:
JUSTIFICATION:
Requested By:
Recommended By Finance Director: Recommended:
Yes No Signed
Comments: Approved by City Council:
Date:
Signed:
City Clerk
REVENUE APPROPRIATION INCREASE (if applicable)
EXPENDITURE APPROPRIATION INCREASE (if applicable)
$ -
$ -
TRANSACTION NO:
ACCOUNTING PERIOD:
Account Description Orgkey Object Code Job Ledger (If
applicable) Amount
Job Ledger (If
applicable) Account Description Orgkey Object Code Amount Department Head
City Manager
CITY OF REDLANDS
REQUEST FOR ADDITIONAL APPROPRIATION
FINANCE USE ONLY
Redlands Regular Meeting of 12-17-2024 528 of 1598
City Council Meeting L. 3.
DATE: 12/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Professional Services Agreement with TK Security, Inc., for the provision of unarmed, on-site security services at the Step-Up In Redlands Project Home Key facility, in an amount not-to-exceed $196,560 for the initial term of one year, with the option to extend by two additional one-year terms for a total amount not-to-exceed $589,680 (Assistant City Manager Boatman)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move that the City Council approve a Professional Services Agreement with TK Security, Inc. for the provision of unarmed, on-site security services.
RECOMMENDATION:
Staff recommends that the City Council approve a Professional Services Agreement with TK Security, Inc., for the provision of on-site security services at the Step-Up In Redlands Project Home Key facility, in an amount not-to-exceed $196,560 for the initial term of one year, with the option to extend by two additional one-year terms for a total amount not-to-exceed $589,680.
DISCUSSION:
In 2022, the City of Redlands was awarded a Housing and Community Development grant for permanent supportive housing known as Project Home Key. The project involved converting a hotel to 98 studio apartments for use by formerly unhoused people in the city of Redlands. The Project Home Key facility, known as Step Up In Redlands, currently houses 120 people and provides supportive services such as mental health counseling and medical services. The original grant agreement included Step Up on Second, a nonprofit partner, to Redlands Regular Meeting of 12-17-2024 529 of 1598
original grant agreement included Step Up on Second, a nonprofit partner, to provide case management and property management services, which are still being provided at the site. With the City of Redlands being a partner in the State Project Home Key grant, the City is committed to providing safety to the residents at the housing site. The City has agreed to provide an onsite security presence at the facility, up to 24 hours daily, to assist in maintaining the desired atmosphere and activities at the facility. After the initial period, the City will reassess the need for full-time onsite security. Additionally, staff may reassess the times a security guard is necessary and adjust the schedule as needed during the term of the agreement.
In accordance with the City's procurement policies, a Request for Bid for unarmed, on-site security services was advertised on October 21, 2024. On November 4, 2024, the City Clerk received and opened thirty-one bids. Staff evaluated the bids for total price and minimum requirements, Good Guard under-bid by $94,936.32, excluding them as the lowest bid. The second lowest bid, Stanley Protection Solutions, Inc, was deemed non-responsive for not including the required three references. Staff carefully reviewed the third lowest bid, TK Security, Inc. TK Security, Inc. met all the bidding requirements and was deemed the apparent low bidder.
Company Name Bid Amount
Good Guard Security, Inc., Riverside, CA $119,828.16*
Stanley Protection Solutions, Douglasville, GA $192,528.00** TK Security, Inc., Porter Ranch, CA $196,560.00
8 Sspaider Security, Inc., Reseda, CA $197,812.80
American Global Security, Inc., Chatsworth, CA $203,282.00 Sky Power Secure Solutions, Inc., Gardena, CA $207,480.00 SafeRock, Mission Viejo, CA $211,202.88
Scaife Protection Services, Lawndale, CA $213,608.64
Contact Security, Inc., Brea, CA $214,976.16
Brapga Security Systems, Inc., San Bernardino,
CA
$220,369.00
A&A Security Group, Chatsworth, CA $221,709.60
IronGate Private Security, Inc., San Bernardino,
CA
$224,952.00
Palisades Security Management, Grand Terrace,
CA
$226,161.60
Esprit De Security Services, Inc., Gardena, CA $227,088.00 Triton Global Services, Inc., Ontario, CA $227,236.80
M4 Security Guard Services, Inc., Corona, CA $239,962.80 Alltech Industries, Inc., Montebello, CA $240,240.00
Redlands Regular Meeting of 12-17-2024 530 of 1598
Allied International Security, Inc., Los Angeles, CA $240,324.00 GSSI., Inc., Riverside, CA $241,160.64
NEP-G Private Security, Riverside, CA $243,526.08
Power Security Solutions, Murrieta, CA $249,312.00
Public Security, Inc., Los Angeles, CA $259,106.40
Absolute International Security, Inc., Irwindale, CA $262,489.92 Southwest Patrol, Inc., Brea, CA $262,668.00
Professional Security Consultants, Los Angeles,
CA
$269,347.68
Sterling Enterprise, Redlands, CA $271,684.32
ISMG, Rancho Cucamonga, CA $285,585.60
USGI/Upland Group, Santa Ana, CA $287,148.00
SJA Security, Beaumont, CA $309,120.00
American Guard Services, Inc., Gardena, CA $310,215.36
Delta Private Security, Redlands, CA $45/hr***
*under bid, mathematical error
** deemed unresponsive - did not include required references ***only hourly rate provided
ALTERNATIVES:
City Council may elect not to approve the agreement and direct staff accordingly.
STRATEGIC PLAN:
Supports Strategic Plan Priorities A - Quality of Life and B - Public Health and Safety
SUBMITTED BY:
Christopher Boatman, Assistant City Manager
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurment Manager
PREPARED BY:
Redlands Regular Meeting of 12-17-2024 531 of 1598
PREPARED BY:
Nancy Felix, Administrative Assistant II
Fiscal Impact
Fiscal Year: FY2024-25
Revenue Generating: N
Appropriation Required Y/N: N
Discussion:
The funding for this agreement is included in the FY2024/25 Homeless Solutions Division budget as part of the City’s ongoing financial commitment to the Project Homekey property.
Attachments
Project Home Key Award Letter
Agreement
City Clerk Bid Opening
Redlands Regular Meeting of 12-17-2024 532 of 1598
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670, 95833
P.O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov
March 14, 2022
Paul T Barich, Mayor Andrew Meyers Abdul-Wahab, Chief Executive Officer City of Redlands Shangri-La Industries, LLC
35 Cajon Street, Suite 200 660 South Figueroa Street, Suite 1888 Redlands, CA 92373 Los Angeles, CA 90017
Tod Lipka, President and CEO
Step Up on Second Street, Inc.
1328 Second Street
Santa Monica, CA 90401
Dear Paul T Barich, Andrew Meyers Abdul-Wahab and Tod Lipka:
RE: Award Announcement – Homekey Program
Notice of Funding Availability Fiscal Year 2021/2022, Round 2 City of Redlands, Shangri-La Industries, LLC, Step Up on Second Street, Inc. – Redlands Good Nite Inn
Contract No. 21-HK-17166
The California Department of Housing and Community Development (Department) is pleased to announce that the City of Redlands, (Awardee) has been awarded a Homekey Round 2 award in the amount of $30,000,000. This letter constitutes notice of the designation of Homekey funds for the Awardee.
Awardees will be able to draw down funds when the Standard Agreement is fully executed, and any general and special conditions have been cleared in writing.
Your Ambassador will be in communication with you to develop a standard agreement and confirm any documents needed to execute this contract.
Congratulations on your successful application. For further information, please contact Jason Blair, Homekey Program Manager, Program Design and Implementation Branch, at (916) 776-7671 or [email protected].
Sincerely,
Jennifer Seeger
Deputy Director
Division of State Financial Assistance
Redlands Regular Meeting of 12-17-2024 533 of 1598
I:\cmo\Agreements\TK Security, Inc. Agreement (Step Up Security) FY24-0088.docx-ms 1 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of unarmed security services (“Agreement”) at Step Up In Redlands facility is made and entered in this 17th day of December, 2024 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and TK Security, Inc., a California corporation (“Contractor”). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE 1 – ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to perform unarmed security services for City (the “Services”). The Services that Contractor shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 – RESPONSIBILITIES OF CONTRACTOR
2.1 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City’s Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373.
2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771.6.
2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.
2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection.
Redlands Regular Meeting of 12-17-2024 534 of 1598
I:\cmo\Agreements\TK Security, Inc. Agreement (Step Up Security) FY24-0088.docx-ms 2 2.5 Contractor acknowledges that eight (8) hours constitutes a legal day’s work pursuant to Labor Code section 1810.
2.6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
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 David Rabindranath, Homeless Solutions Manager, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.
ARTICLE 4 – PERFORMANCE OF SERVICES
4.1 The Services shall commence as of 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,” which is attached hereto and incorporated herein by this reference.
4.2 The term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the “Initial Term”). The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.
4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit “B,” which is attached hereto and incorporated herein by this reference, in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement.
ARTICLE 5 – PAYMENTS TO CONTRACTOR
5.1 Compensation: The compensation for Contractor’s performance of the Services shall not exceed the amount of One Hundred Ninety Six Thousand Five Hundred Sixty Thousand Dollars ($196,560) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of One Hundred Ninety Six Thousand Five Hundred Sixty Thousand dollars ($196,560) for the first Extended Term; and One Hundred Ninety Six Thousand Five Hundred Sixty Thousand dollars ($196,560) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of Five Hundred Eighty Nine Thousand Six Hundred Eighty Dollars ($589,680). For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up Redlands Regular Meeting of 12-17-2024 535 of 1598
I:\cmo\Agreements\TK Security, Inc. Agreement (Step Up Security) FY24-0088.docx-ms 3 to the not to not-to-exceed amount in accordance with the rates specified in Exhibit “C,” titled “Price and Fee Bid,” which is attached hereto and incorporated herein by reference.
5.2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom.
City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY CONTRACTOR
City Clerk Sarik Kadri, Operations Manager
City of Redlands TK Security, Inc.
35 Cajon Street 10747 Reseda Blvd.
P.O. Box 3005 (mailing) Porter Ranch, CA 91326
Redlands, CA 92373 [email protected]
[email protected] Phone: 909-904-0093
(909) 798-7531 Fax: 213-380-4511
ARTICLE 6 – INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor.
Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.
A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “D,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.
Redlands Regular Meeting of 12-17-2024 536 of 1598
I:\cmo\Agreements\TK Security, Inc. Agreement (Step Up Security) FY24-0088.docx-ms 4 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 selfinsurance maintained by City.
6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services.
ARTICLE 7 – CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor’s Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.
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 Redlands Regular Meeting of 12-17-2024 537 of 1598
I:\cmo\Agreements\TK Security, Inc. Agreement (Step Up Security) FY24-0088.docx-ms 5 position specified in City’s Conflict of Interest Code under Government Code section 87302.
7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.
ARTICLE 8 – GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of inhouse counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.
8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor 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 five (5) days prior written notice to Contractor of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor’s compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.
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 Redlands Regular Meeting of 12-17-2024 538 of 1598
I:\cmo\Agreements\TK Security, Inc. Agreement (Step Up Security) FY24-0088.docx-ms 6 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, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable 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 TK SECURITY, INC.
By: ___________________________ By: _________________________ , Mayor Sarik Kadri, Operations Manager
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 12-17-2024 539 of 1598
I:\cmo\Agreements\TK Security, Inc. Agreement (Step Up Security) FY24-0088.docx-ms 7 EXHIBIT "A"
SCOPE OF SERVICES
Holidays:
There are 14 recognized holidays: New Year’s Day, Martin Luther King Day, Presidents Day, Cesar Chavez Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and the Friday after, Christmas Eve, and Christmas Day.
Post Orders: Assignment instructions for each post, whether a fixed location or roaming locations, must be adhered to in their entirety.
Pass Downs: Additional or special instructions by City of Redlands for posts on a temporary basis and must be adhered to in their entirety.
Security Guard-Site Specific Shift-Regular Time-Hourly Rate: For weekly scheduled security guard shift, M-F, excludes holidays.
Security Guard-Site Specific Weekend Shift Time-Hourly Rate: For weekly scheduled 19 hr. weekend security guard shift, Sat-Sun, excludes holidays.
Security Guard-Holiday-Hourly Rate: For all security guard shifts on City recognized holidays only.
Table: Holiday:
Only the listed City holidays are subject to any premium (overtime, etc.) rates.
DATE EVENT
January 1 New Year’s Day
Third Monday in January Martin Luther King’s Birthday
Third Monday in February President’s Day
March 31 Cesar Chavez Day
Last Monday in May Memorial Day
June 19 Juneteenth
July 4 Independence Day
First Monday in September Labor Day
Second Monday in October Columbus Day
November 11 Veteran’s Day
Fourth Thursday in November Thanksgiving Day
Friday after Thanksgiving
December 24 Christmas Eve
December 25 Christmas Day
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I:\cmo\Agreements\TK Security, Inc. Agreement (Step Up Security) FY24-0088.docx-ms 8 Monday-Sunday: Security Total
Hours
Start End
A Shift 08:00 (8am) 14:00 (2pm) 8
B Shift 14:00 (2pm) 00:00 (Midnight) 8
C Shift 00:00
(Midnight)
08:00 (8am) 8
Services Provided:
A) The Property, known as Step Up In Redlands, is located at 1675 Industrial Park Ave.
Redlands, CA 92374
B) Provide a security “presence” through patrolling on foot throughout the property.
C) Security personnel shall call the designated FCS staff personnel to report any maintenance concerns or for miscellaneous questions.
D) Security personnel shall call the Redlands Police Department (depending on the incident) upon the observance of any illegal activity, vandalism, or suspicious or inappropriate behavior.
E) Restrooms are available at the property for security staff use.
F) Submit activity reports from the prior security shift within six hours.
G) Include any pertinent information or backup documentation with your reports.
H) Ensure that all reports are submitted prior to submission of the invoice.
I) General: Report immediately, verbally and or in writing as soon as practically possible taking safety into consideration; especially concerning issues that may require immediate action to avoid potential escalation. If possible, take photos of the observation or interaction and attach to email, text, pictures, and written reports.
J) Safety, Injury, or Damage: any impending, occurring, or potential hazards, incidents, or accidents that have harmed, are harming, or could likely harm persons, animals, plants, property, environment, or the like.
K) Public Nuisances: any observations of any public nuisances.
L) Business Interactions: any interactions with business owners and or persons.
M) Work Performance Delays: anything that is or could potentially delay or prevent work from being performed within the designated times and locations.
N) Follow up Activities: all action items from the above section, which may have been verbally reported, but a written report was not possible at the time; and all action items as required by City Representative.
NOTE: During breaks and meals, security service may be temporarily halted; however, the guard must return promptly to their post afterward.
Redlands Regular Meeting of 12-17-2024 541 of 1598
I:\cmo\Agreements\TK Security, Inc. Agreement (Step Up Security) FY24-0088.docx-ms 9 EXHIBIT "B"
LABOR AND MATERIAL BOND
Whereas, the City of Redlands, State of California, and TK Security, Inc., (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to unarmed security services at the City’s Step-Up in Redlands Facility (the “Work”), which said agreement, dated December 17, 2024, and titled as “Agreement to Perform Non-Professional Services for Improvement to Public Builds and Grounds” is hereby referred to and made a part hereof; and Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Five Hundred Eighty Nine Thousand Six Hundred Eighty Dollars ($589,680) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 20____.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:
_______________________________________
________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( ) ___________________________
Redlands Regular Meeting of 12-17-2024 542 of 1598
I:\cmo\Agreements\TK Security, Inc. Agreement (Step Up Security) FY24-0088.docx-ms 10 EXHIBIT “C”
FEE SCHEDULE
Description Unit Hourly Rate
Security Guard – A Shift, M – F, hourly rate, as per all bid specifications HOUR $22.50 Security Guard – B Shift, M – F, hourly rate, as per all bid specifications HOUR $22.50 Security Guard – C Shift, M – F, hourly rate, as per all bid specifications HOUR $22.50 Security Guard – A Shift, WEEKEND Sat - Sun, hourly rate, as per all bid specifications HOUR $22.50 Security Guard – B Shift, WEEKEND Sat - Sun, hourly rate, as per all bid specifications HOUR $22.50 Security Guard – C Shift, WEEKEND Sat - Sun, hourly rate, as per all bid specifications HOUR $22.50 Security Guard – A Shift, Holiday Time, for any shift that begins or ends on a holiday as listed in the bid specifications HOUR $22.50
Security Guard – B Shift, Holiday Time, for any shift that begins or ends on a holiday as listed in the bid specifications HOUR $22.50
Security Guard – C Shift, Holiday Time, for any shift that begins or ends on a holiday as listed in the bid specifications HOUR $22.50
Redlands Regular Meeting of 12-17-2024 543 of 1598
I:\cmo\Agreements\TK Security, Inc. Agreement (Step Up Security) FY24-0088.docx-ms 11 EXHIBIT “D”
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
TK SECURITY, INC.
By: Date: _______ __________
Sarik Kadri, Operations Manager
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Redlands Regular Meeting of 12-17-2024 545 of 1598
Redlands Regular Meeting of 12-17-2024 546 of 1598
City Council Meeting L. 4.
DATE: 12/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the California Department of Housing and Community Development (HCD) Encampment Resolution Funding Program (ERF-3) grant award in the amount of $5,341,800, authorizing the City Manager or his designee to execute the grant agreement and related program documents, and authorize an additional appropriation of $5,341,800 (Assistant City Manager Boatman)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion(s) is/are provided:
I move to accept the award of $5,341,800, and authorize the City Manager or his designee to execute the grant agreement and related program documents;
1. I move to authorize the additional appropriation of $5,341,800 as shown in the staff report.
2. I move to approve the limited-term positions as described in the staff report for the Homeless Solutions Division with a term for each not-to-exceed two years.
3. RECOMMENDATION:
Staff recommends that the City Council accept the grant award of $5,341,800, from the California Department of Housing and Community Development (HCD) for the Encampment Resolution Funding Program, authorize the City Manager or his designee to execute the grant agreement and related program documents, and authorize the additional appropriation of $5,341,800. Staff further recommends the approval of the limited term positions as described in the staff report below with a term for each not to exceed 2 years.
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DISCUSSION:
In January 2024, Governor Gavin Newsom announced a significant $300 million initiative aimed at addressing homelessness by assisting individuals living in encampments to transition into safe and stable housing. This funding reflects California's ongoing commitment to reducing homelessness and supporting vulnerable populations across the state. As part of this initiative, the City of Redlands received over $5.3 million through the Encampment Resolution Fund (ERF-3) grant. These funds will focus on addressing homelessness and creating sustainable pathways to housing within Redlands. The program will specifically target approximately 100 homeless individuals currently residing in encampments along major transportation corridors, including the Interstate 10 and 210 freeways, Highway 38, and the Santa Ana River basin. Services offered under this program include street outreach, shelter provision, housing navigation, rapid rehousing, permanent housing placements, and temporary accommodations through hotel vouchers.
The majority of the grant funds will be allocated to local nonprofit organizations, which will act as subcontractors to deliver critical services aligned with the program's goals. This approach leverages the expertise of community-based organizations to ensure efficient and effective service delivery. Upon the City Council's formal acceptance of the grant, staff will prepare detailed agreements with these subcontractors for future Council approval. In addition to funding service delivery, a portion of the grant will be used to bolster the City's Homeless Solutions Division by hiring dedicated personnel, including:
Two full-time outreach workers (the grant will provide two years of additional funding for existing positions)
One limited-term lead outreach worker
One limited-term outreach worker
One full-time Management Analyst
Two limited-term maintenance workers
These roles are designed to provide on-the-ground support, facilitate program coordination, and maintain areas impacted by encampments.
The proposed budget spans the next three years, ensuring a sustained impact through structured resource allocation. This investment is expected to not only help individuals secure housing but also contribute to the broader goal of reducing visible homelessness and improving public spaces. The table below shows the proposed budget for the grant funds over the next three years:
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Description Estimated
Amounts
Staffing:
Funding for two existing outreach workers and one additional limited-term Community Outreach Worker:
Field-based street outreach and collaboration with community partners.
One limited-term Lead Community Outreach Worker:
Provide field-based outreach oversight.
One full-time Management Analyst:
Administration, tracking, and support for grant-funded
agreements and services.
Two limited-term Maintenance Workers:
Homeless encampment cleanups.
$1,023,700
Subcontractor Outreach and Engagement Services $875,000 Emergency Shelter Beds; Motel Interim Housing $1,274,500 Delivery of Permanent Housing (Security Deposits, Rental Subsidies)
$1,368,600
Subsidy to Project Homekey Site (provides permanent
supportive housing, case management to 30 persons from
prioritized encampment area)
$50,000
Services Coordination $750,000
Total Grant Award $5,341,800
The Encampment Resolution Fund reflects a growing recognition of the need for targeted, data-driven solutions to homelessness. The program prioritizes addressing immediate needs while working toward long-term stability for individuals. Redlands' participation highlights the importance of localized approaches, combining state funding with community-based execution to maximize impact.
This initiative is an opportunity for Redlands to demonstrate how effective coordination and sustained funding can mitigate homelessness and improve the quality of life for all residents.
ALTERNATIVES:
City Council may elect not to approve the agreement to accept the grant funding and provide alternative direction to staff.
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STRATEGIC PLAN:
Supports Priority B - Public Health and Safety - Strategic Objective 4 - Homelessness
SUBMITTED BY:
Chris Boatman, Assistant City Manager
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Nancy Felix, Administrative Assistant II
Fiscal Impact
Fiscal Year: FY 2024-25
Revenue Generating: N
Appropriation Required Y/N: Y
Amount: 5341800
Budgeted Y/N: N
Account No.: 200120
Discussion:
Funding for the services outlined in the staff report will be provided by the grant. An additional appropriation in the amount of $5,341,800 is necessary to allocate the grant funds to the program.
Attachments
ERF-3 Award Letter
ERF 3 HCD
Additional Appropriation
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
September 27, 2024
David Rabindranath
Homeless Solutions Manager
City of Redlands
35 Cajon St, Suite #222
Redlands, CA 92373
RE: ERF Award Announcement – City of Redlands
#24-ERF-3-R-100029 Award Amount: $5,341,800.00
Dear David Rabindranath:
This award is under a media and public announcement embargo until publicly released by the California Department of Housing and Community Development (HCD) or otherwise notified by HCD staff.
HCD is pleased to announce that the City of Redlands has been awarded an Encampment Resolution Funding award for their application under ERF Round 3R, Window 2 in the amount of $5,341,800.00.
Awardees will be able to draw down funds when the Standard Agreement is fully executed, and any general and special conditions have been cleared in writing.
HCD intends to issue a Standard Agreement within 90 days of receipt of the documentation required to execute this contract. A program representative will be in communication with you to discuss and confirm any documents needed.
Congratulations on your successful application. For further information, please contact Jeannie McKendry at [email protected] or [email protected].
Sincerely,
Megan Kirkeby
Deputy Director, Housing Policy Development Division
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2. The term of this Agreement is:
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EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
AUTHORITY, PURPOSE, AND SCOPE OF WORK
1. Authority
The State of California has established the Encampment Resolution Funding Program (“ERF” or “Program”) pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. ERF was amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022).
The Program is administered by the California Department of Housing and Community Development (“HCD”) in the Business, Consumer Services and Housing Agency (“Agency”). ERF provides one-time, competitive grant funds to Continuums of Care and / or Local Jurisdictions as defined below. To date, there have been three rounds of the Encampment Resolution Funding Program. This Standard Agreement governs the Rolling Disbursement in Round 3 of the ERF Program (“ERF-3-R”). For this Standard Agreement, ERF-3-R is synonymous with “ERF” or “Program” and refers to programs and grantees under Health and Safety Code 50252.1(c)(1).
This Standard Agreement along with all its exhibits (“Agreement”) is entered into by HCD and a Continuum of Care or a Local Jurisdiction (“Grantee”) under the authority of, and in furtherance of, the purpose of the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (“NOFA”) dated November 27, 2023, under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance or directives, and the requirements appearing in the statutory authority for the Program cited above.
2. Purpose
As stated in the NOFA, the Program’s objective is to fund actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code section 8255. Proposals may bolster existing, successful models and/or support new approaches that provide safe stable, and ultimately permanent housing for people experiencing homelessness in encampments.
Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.
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EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
3. Definitions
The following Encampment Resolution Funding Program terms are defined in accordance with Health and Safety Code section 50250, Subdivisions (a) – (m);
A. “Additional funding round moneys” means moneys appropriated for the program in or after fiscal year 2022–23.
B. “Agency” means the Business, Consumer Services, and Housing Agency.
C. “Applicant” means a continuum of care or local jurisdiction.
D. “Continuum of Care” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
E. “Council” means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
F. “County” includes, but is not limited to, a city and county.
G. “Department” means the California Department of Housing and Community Development.
H. “Funding round 1 moneys” means moneys appropriated for the program in fiscal year 2021–22.
I. “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
J. “Local Jurisdiction” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
K. “Program” means the Encampment Resolution Funding program established pursuant to this chapter.
L. “Recipient” means an applicant that receives grant funds from HCD for the purposes of the program.
M. “State right-of-way” means real property held in title by the State of California Additional definitions for the purposes of ERF program:
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EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
“Grantee” is “a Continuum of Care or a Local Jurisdiction that receives grant funds from HCD for the purposes of the program. Grantee is synonymous with “Recipient.” “Subrecipients” or “Subgrantees” are entities that receive subawards from “Recipients” or “Grantees” to carry out part of the Program.
“Expended” means all ERF funds obligated under contract or subcontract that have been fully paid and receipted, and no invoices remain outstanding. “Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF funding.
Grantees must expend and obligate the funds by the statutory deadlines set forth in this Exhibit A.
4. Scope of Work
This Scope of Work identifies the terms and conditions necessary to accomplish the Program’s intended objectives.
As detailed in Exhibit A.2, the Program’s objective is to fund grantees to implement actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments.
Grantees will implement their ERF funded local proposals in compliance with the terms and conditions of this Agreement, the NOFA under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance and directives, and the requirements per the authorizing statute.
Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.
Permissible eligible uses and activities are detailed below in Exhibit B, Budget Details and Payment Provisions.
Grantees are expected to be close partners with HCD. This means timely and accurate reporting, candid communication of successes and challenges, and availability of persons, information, or materials.
Quarterly reporting requirements are detailed below in Exhibit D.4, Reporting, Evaluation, and Audits.
Fiscal deadlines are detailed below in Exhibit A.6, Effective Date, Term of Agreement, and Deadlines.
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EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
Grantees shall complete a Final Work Product (as detailed below in Exhibit A.6.D) and participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will make Technical Assistance available.
HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.
5. HCD Contract Coordinator
HCD’s Contract Coordinator for this Agreement is HCD’s Grant Program Design Section Chief or the Grant Program Design Section Chief’s designee. Unless otherwise instructed, any communication shall be conducted through email to the HCD Contract Coordinator or their designee. If documents require an original signature, the strongly preferred form is an e-Signature in accordance with the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable to sign a document electronically, HCD shall accept wet or original signed documents. These documents containing wet signatures should be both mailed to HCD and scanned and emailed as instructed. State law or policy may require the use of wet signatures for specific documents. The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
ENTITY: California Department of Housing and
Community Development City of Redlands
SECTION/UNIT: Policy and Program Support
ADDRESS: 651 Bannon Street, Suite 400
Sacramento, CA, 95811
35 Cajon St Suite #222
Redlands, CA 92373
CONTRACT
COORDINATOR: Jeannie McKendry David Rabindranath
PHONE
NUMBER: (916) 490-9589 (909) 761-5196
EMAIL
ADDRESS:
[email protected]
[email protected] [email protected]
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EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
The Department reserves the right to change their HCD Contract Coordinator, designee, contract administering entity, and / or contact information at any time with reasonable notice to the Grantee.
All requests to update the Grantee information listed within this Agreement shall be emailed to the HCD grant’s general email box at
[email protected].
Notice to either party may be given by email. Such notice shall be effective when received as indicated on email. Changes to the HCD Contract Coordinator, designee, and / or contact information or grantee information can be made without a formal amendment.
6. Effective Date, Term of Agreement, and Deadlines
A. This Agreement is effective upon execution by HCD, which includes signature from the Grantee and HCD. This is indicated by the HCD provided signature and date on the second page of the accompanying STD. 213, Standard Agreement.
B. Performance shall start no later than 30 days, or on the express date set by HCD and the Grantees, after all approvals have been obtained and the Grant Agreement is fully executed. Should the Grantee fail to commence work at the agreed upon time, HCD, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement.
C. Grantees will continue to perform until the Agreement is terminated, including data reporting and participation in program evaluation activities, as needed.
D. This Agreement will terminate on April 15, 2029.
Grantees shall submit a Final Work Product by April 1, 2028. The Final Work Product will include programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by HCD.
HCD will review submitted Final Work Products and collaborate with Grantees to cure any deficiencies by April 15, 2029.
Grantees are expected to continue performing until April 15, 2029. This means timely and accurate reporting, candid communication of success or shortcomings, and availability of persons, information, or materials.
E. Expenditure and Obligation Deadlines:
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EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
1) Grantees shall expend no less than 50 percent and obligate 100 percent of Program funds by June 30, 2025.
2) Grantees that have not obligated 100 percent of their Program funds by June 30, 2025, shall submit an alternative disbursement plan to HCD for approval no later than July 30, 2025. This alternative disbursement plan should detail the explanation for the delay and plans for all future obligations and expenditures.
3) Grantees not meeting the requirements outlined in (i) may be subject to additional corrective action, as determined by HCD.
4) All Program funds (100 percent) shall be expended by June 30, 2027.
Any funds not expended by this date shall revert to the fund of origin pursuant to HSC Section 50253(e)(5).
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EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Payee
Name: City of Redlands Amount: $5,341,800.00
2. General Conditions Prior to Disbursement
All Grantees must submit the following completed forms prior to ERF being released:
A. Request for Funds Form (“RFF”)
B. STD 213 Standard Agreement form and Exhibits A, B, D and E C. STD 204 Payee Data Record or Government Agency Taxpayer ID Form
3. Disbursement of Funds
ERF will be disbursed to the Grantee in one allocation upon receipt, review and approval of the completed Standard Agreement and RFF by HCD.
The RFF must include the proposed eligible uses and the amount of funds proposed to be expended.
4. Budget Details and Expenditure of Funds
The Grantee shall expend Program funds on eligible uses and activities as detailed in the submitted, approved budget. HCD reserves the right to direct specific line-item changes in the originally submitted Application budget or subsequently submitted budgets.
A. Budget Changes
1) Process:
Budget modification requests should be made as part of the quarterly report process. These requests will be reviewed in the first week after quarterly reports are received. HCD may consider budget change requests outside of this process, through email as needed due to documented, exigent circumstances. Grantees carry the burden to anticipate foreseeable budget change requests and should plan accordingly.
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EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
HCD reserves the right to amend or adjust this process as necessary. 2) Conditions requiring a budget modification request:
Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by HCD so long as the total expenditures (actual and projected) for each eligible use category remain the same as approved in the standardized budget.
Any decrease or increase to the total expenditures for any eligible use category must be approved by HCD’s Grant Program Design Section Chief or their designee, in writing, before the Grantee may expend Program funds according to an alternative standardized
budget. The Grants Program Design Section Chief will respond to Grantee with approval or denial of request. Failure to obtain written approval from HCD as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed below in Exhibit D.6, Breach and Remedies.
Regardless of an increase or decrease of an expenditure amount, any significant or material programmatic or fiscal change shall be submitted to HCD for prior approval.
B. Eligible Uses
Eligible uses and activities must be consistent with HSC Sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.
Eligible uses and activities include, but are not limited to, the following:
Rapid Rehousing: Rapid rehousing, including housing identification services, rental subsidies, security deposits, incentives to landlords, and holding fees for eligible persons, housing search assistance, case management and facilitate access to other community-based services.
Operating Subsidies: Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.
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EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
Street Outreach: Street outreach to assist eligible persons to access crisis services, interim housing options, and permanent housing and services.
Services Coordination: Services coordination, which may include access to workforce, education, and training programs, or other services needed to improve and promote housing stability for eligible persons, as well as direct case management services being provided to persons.
Systems Support: Systems support for activities that improve, strengthen, augment, complement, and/or are necessary to create regional partnerships and a homeless services and housing delivery system that resolves persons’ experiences of unsheltered homelessness.
Delivery of Permanent Housing: Delivery of permanent housing and innovative housing solutions, such as unit conversions that are well suited for eligible persons.
Prevention and Shelter Diversion: Prevention and shelter diversion to permanent housing, including flexible forms of financial assistance, problem solving assistance, and other services to prevent people that have been placed into permanent housing from losing their housing and falling back into unsheltered homelessness. This category is only available to serve people who were formerly residing in the prioritized ERF encampment site.
Interim Sheltering: Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing non-congregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible persons.
Improvements to Existing Emergency Shelters: Improvements to existing emergency shelters to lower barriers, increase privacy, better address the needs of eligible persons, and improve outcomes and exits to permanent housing.
Administration: up to 5% of awarded Program funds may be applied to administrative costs.
Program funds shall not be expended on Site Restoration or other Ineligible Costs as detailed immediately below.
5. Ineligible Costs
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EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
ERF shall not be used for costs associated with activities in violation, conflict, or inconsistent with Health and Safety Code sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.
Moreover, no parties to this contract nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.
HCD, at its sole and absolute discretion, shall make the final determination regarding the allowability of ERF expenditures.
HCD reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use ERF funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to HCD at an amount and timeframe determined by HCD.
An expenditure which is not authorized by this Agreement, or by written approval of HCD, or which cannot be adequately documented, shall be disallowed, and must be reimbursed to HCD by the Grantee at an amount and timeframe determined by HCD.
Program funds shall not be used to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution.
Unless expressly approved by HCD in writing reimbursements are not permitted for any Program expenditures prior to this Agreement’s date of execution.
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EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
ERF GENERAL TERMS AND CONDITIONS
1. Termination and Sufficiency of Funds
A. Termination of Agreement
HCD may terminate this Agreement at any time for cause by giving a minimum of 14 days’ notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, violation of any federal or state laws; or withdrawal of HCD’s expenditure authority as described in Exhibit D, Breach and Remedies. Violation of any federal or state laws; or withdrawal of HCD’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by HCD, any unexpended funds received by the Grantee shall be returned to HCD within 30 days of HCD’s specified date of termination.
B. Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to HCD by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.
2. Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D.12, Special Conditions – Grantees/Subgrantee or with the prior written approval of HCD and a formal amendment to this Agreement to affect such subcontract or novation.
3. Grantee’s Application for Funds
Grantee submitted a standardized budget to HCD as part of their application for the Program.
Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee’s knowledge. In the event that any part of the application, or any approved modification or addition thereto is untrue, incorrect, Redlands Regular Meeting of 12-17-2024 564 of 1598
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EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
incomplete, or misleading in such a manner that would substantially affect HCD approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then HCD may declare a breach of this Agreement and take such action or pursue such remedies as are legally available.
4. Reporting, Evaluation, and Audits
A. Reporting Requirements
1) Timing and Format of Reports.
Grantee is required to provide HCD or its agents with all data and outcomes that may inform an assessment of the funded proposal.
Grantees shall report quarterly and have one Final Work Product submitted prior to this Agreement’s termination.
The quarterly reports shall be submitted on a template to be provided by HCD at least 90 days prior to the first reporting deadline. HCD may request interim reports as needed and will provide no less than 30 days’ notice to Grantees.
2) Required Data
Grantees will be required to provide, at minimum:
• Outreach and service path data at the anonymized, individual level. • Current housing status of persons served in the aggregate. • Status of funding as presented in the HCD approved, standardized budget.
• Continued confirmation that projects receiving ERF funds are populated timely into HMIS and use HCD supplied funding codes.
HCD’s discretion in identifying which information shall be included in these reports is final. Grantees shall also report information in the form and manner required by HCD. Failure to comply will be considered a breach.
Pursuant to HSC Section 50254, grantees shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.
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EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
Pursuant to HSC Section 50254(b)(3), Grantees shall report individual, client-level data for persons served by grant funding to HCD, in addition to any data reported through local Homeless Management Information System, as required by HCD for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.
Grantees shall comply with the data entry requirements of AB 977, located at Welfare and Institutions Code section 8256(d).
3) HCD usage of Reports
Pursuant to HSC Section 50254(b)(4), HCD may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.
4) Failure to Report
If the Grantee fails to provide any such report, HCD may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.
B. Evaluation
1) At HCD’s discretion, Grantees shall participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will contract a third party to complete the evaluation. 2) Grantees are expected to be close partners with HCD for this program evaluation and for all evaluative aspects of this Program. This means timely and accurate reporting, candid communication of successes or challenges, and availability of persons, information, or materials. More specifically, Grantees must cooperate with HCD, or its designee as reasonably required to implement an evaluation plan. This includes providing or facilitating the collection of data and materials as reasonably requested by HCD or its designee.
3) For the purpose of evaluation, HCD or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee’s operations during normal business hours and with reasonable advance notice.
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City of Redlands
24-ERF-3-R-100029
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
4) Grantees should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation by the Grantee or subgrantee.
5) Grantees shall notify HCD and provide copies of any reports or findings if Grantee conducts or commissions any third-party research or evaluation regarding their funded project.
6) All terms and conditions that apply to reporting similarly apply to evaluation.
C. Auditing
HCD reserves the right to perform or cause to be performed a financial audit. At HCD request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. Should an audit be required, the Grantee shall adhere to the following conditions:
1) The audit shall be performed by an independent certified public accountant.
2) The Grantee shall notify HCD of the auditor’s name and address immediately after the selection has been made. The contract for the audit shall allow access by HCD to the independent auditor’s working papers. 3) The Grantee is responsible for the completion of audits and all costs of preparing audits.
4) If there are audit findings, the Grantee must submit a detailed response acceptable to HCD for each audit finding within 90 days from the date of the audit finding report.
5. Inspection and Retention of Records
A. Record Inspection
HCD or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement.
The Grantee agrees to provide HCD, or its designee, with any relevant information requested within 30 days of a written request.
Redlands Regular Meeting of 12-17-2024 567 of 1598
City of Redlands
24-ERF-3-R-100029
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
The Grantee agrees to give HCD or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the ERF laws, HCD guidance or directives, and this Agreement.
B. Record Retention
The Grantee further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this Agreement.
If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.
C. Public Records Act
The grantees’ final ERF-3-R application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.
6. Breach and Remedies
A. Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
1) Grantee’s failure to comply with the terms or conditions of this Agreement.
2) Use of, or permitting the use of, Program funds provided under this Agreement for any ineligible activities.
3) Any failure to comply with the deadlines set forth in this Agreement.
B. Remedies for Breach of Agreement
In addition to any other remedies that may be available to HCD in law or equity for breach of this Agreement, HCD may:
Redlands Regular Meeting of 12-17-2024 568 of 1598
City of Redlands
24-ERF-3-R-100029
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
1) Conduct program monitoring which will include a corrective action plan (CAP) with findings, remedies, and timelines for resolving the findings. 2) Bar the Grantee from applying for future ERF funds.
3) Revoke any other existing ERF award(s) to the Grantee. 4) Require the return of any unexpended ERF funds disbursed under this Agreement.
5) Require repayment of ERF funds disbursed and expended under this Agreement.
6) Require the immediate return to HCD of all funds derived from the use of ERF.
7) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with ERF requirements.
C. All remedies available to HCD are cumulative and not exclusive.
D. HCD may give written notice to the Grantee to cure the breach or violation within a period of not less than 14 days.
7. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of HCD to enforce at any time the provisions of this Agreement, or to require at any time performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of HCD to enforce these provisions.
8. Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law.
Redlands Regular Meeting of 12-17-2024 569 of 1598
City of Redlands
24-ERF-3-R-100029
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
9. Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code Section 1090 and Public Contract Code Sections 10410 and 10411.
A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.
B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelvemonth period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.
C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, Section 81000 et seq.).
Redlands Regular Meeting of 12-17-2024 570 of 1598
City of Redlands
24-ERF-3-R-100029
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
D. Representatives of a County: A representative of a County serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the County.
10. Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:
Publish a statement notifying employees and subrecipients that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code Section 8355, subdivision (a)(1).
A. Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following:
1) The dangers of drug abuse in the workplace.
2) Grantee’s policy of maintaining a drug-free workplace. 3) Any available counseling, rehabilitation, and employee assistance program.
4) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.
B. Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:
1) Will receive a copy of Grantee’s drug-free policy statement, and 2) Will agree to abide by terms of Grantee’s condition of employment or Redlands Regular Meeting of 12-17-2024 571 of 1598
City of Redlands
24-ERF-3-R-100029
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
subcontract.
11. Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:
A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and
B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
12. Special Conditions – Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of HCD prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of ERF. Failure to comply with these conditions may result in termination of this Agreement.
A. The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to:
1) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.
2) Maintain at least the minimum State-required worker’s compensation for those employees who will perform the work or any part of it. 3) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it.
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City of Redlands
24-ERF-3-R-100029
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
4) Agree to include and enforce all the terms of this Agreement in each subcontract.
13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations
The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, land use, homelessness, housing element, fair housing, and all other matters applicable and/or related to the ERF program, the Grantee, its subrecipients, and all eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to HCD upon request.
14. Inspections
A. Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.
B. HCD reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.
C. Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected.
15. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of HCD, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.
Redlands Regular Meeting of 12-17-2024 573 of 1598
City of Redlands
24-ERF-3-R-100029
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
B. The Grantee shall notify HCD immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or HCD, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of HCD.
Redlands Regular Meeting of 12-17-2024 574 of 1598
City of Redlands
24-ERF-3-R-100029
EXHIBIT E
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
SPECIAL TERMS AND CONDITIONS
1. All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities. Grantees must maintain records of all expenditures of the proceeds from these interest-bearing accounts for five (5) years and report on these expenditures as required by HCD. HCD reserves the right to perform or cause to be performed a financial audit on the use of proceeds from interest bearing accounts.
2. Grantee shall utilize its local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by funding (e.g., by creating appropriate ERF-specific funding sources and project codes in HMIS).
3. Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System, in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code Section 50254. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act. For purposes of this paragraph, “health information” means “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code. The Council or HCD may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement.
4. Grantee agrees to accept technical assistance as directed by HCD or by a contracted technical assistance provider acting on behalf of HCD. Grantee will report to HCD on programmatic changes the Grantee will make as a result of the technical assistance and in support of their grant goals.
5. Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.
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City of Redlands
24-ERF-3-R-100029
EXHIBIT E
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 10-04-2024
6. HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Per HSC Section 50252.1(d), HCD has authority to:
A. Monitor grantee performance.
B. Require a grantee not meeting goals to accept technical assistance from the Department.
C. Limit the allowable uses of program funds for a grantee that is not meeting goals.
7. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.
8. Non-Bond Funded
The Department represents that the intent of Exhibit D.1.B, Sufficiency of Funds is only to preserve the legislature’s ability to make changes to appropriations and matters that are lawfully subject to change through the Budget Act. The Department represents and warrants that as of the date of this Agreement the non-bond funds referenced in the Encampment Resolution Funding Program, Round 3 Notice of Funding Application dated November 27, 2023, for this Agreement are appropriated to and available for the purposes of this Agreement, and further, that upon execution of this Agreement said funds are deemed allocated to and encumbered for the purposes described in this Agreement and shall not be terminated or reduced as a result of Exhibit D.1.B, Sufficiency of Funds once construction has commenced in compliance with Program requirements and in accordance with the construction commencement requirements within this Agreement. If not continuously appropriated, said funds must still be disbursed prior to any applicable disbursement or expenditure deadline set forth in this Agreement.
Redlands Regular Meeting of 12-17-2024 576 of 1598
DATE OF REQUEST:
An additional appropriation is hereby requested as follows:
Department:
JUSTIFICATION:
Requested By:
Recommended By Finance Director: Recommended:
Yes No Signed
Comments: Approved by City Council:
Date:
Signed:
City Clerk
REVENUE APPROPRIATION INCREASE (if applicable)
EXPENDITURE APPROPRIATION INCREASE (if applicable)
$ -
$ -
TRANSACTION NO:
ACCOUNTING PERIOD:
Account Description Orgkey Object Code Job Ledger (If
applicable) Amount
Job Ledger (If
applicable) Account Description Orgkey Object Code Amount Department Head
City Manager
CITY OF REDLANDS
REQUEST FOR ADDITIONAL APPROPRIATION
FINANCE USE ONLY
Redlands Regular Meeting of 12-17-2024 577 of 1598
City Council Meeting L. 5.
DATE: 12/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the 2025-2026 Community Development Block Grant Program Year proposed project listing, and authorization for submittal of the 2025-2026 Cooperating City Recommended Projects Form to the County of San Bernardino Community and Housing Division (Development Services Director Desatnik) MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to direct staff to prepare the 2025-2026 Community Development Block Grant Program Cooperating City of Recommended Projects Form and submit to the County of San Bernardino Community Development and Housing Division.
RECOMMENDATION:
Staff recommends the City Council approve the following funding requests for the projects listed below based on an evaluation and analysis of all the applications submitted, received and deemed eligible for the 2025-2026 Community Development Block Grant (CDBG) Program Year beginning on July 1, 2025:
Redlands Regular Meeting of 12-17-2024 578 of 1598
No. Provider Project/Program Amount
1 Sylvan Park Rehabilitation
Project - City of Redlands
Restroom Replacement & ADA
Sidewalk Improvements
$265,386.16
2 Family Service Association
of Redlands
Housing and Food Assistance $ 9,340
3 Boys & Girls Club of Greater
Redlands - Riverside
Family Strengthening $ 9,340
4 YMCA of the East Valley Legal Aid Services $ 9,340
5 Partners Against Violence Supportive Services for Victims of Violence
$ 9,340
6 Girls on the Run Youth Services $ 9,340
DISCUSSION:
The County of San Bernardino (County) released the annual CDBG Notice of Funds Availability (NOFA) to the public on Tuesday, September 24, 2024, for the 2025-2026 CDBG Program Year that begins July 1, 2025. The NOFA solicited applications from eligible non-profit public service agencies (PSAs) as well as applications for other CDBG activities such as capital improvement projects (CIPs) for funding consideration by the City Council. (Attachment A) The County establishes each participating city's annual allocation based on the most current U.S. Census statistics for poverty, overcrowded housing conditions and population. The estimated allocation for Redlands Fiscal Year (FY) 2025-2026 is $311,347, which represents a decrease of $22,794 from the prior FY award. Each year this allocation is an estimate subject to change dependent upon federal appropriations and the final allocation to the County's CDBG Participating Cities Program from the Department of Housing and Urban Development (HUD). The County limits the number of total allowable projects that each participating city can fund annually. Redlands annual CDBG allocation is limited to funding a maximum of nine (9) total projects with a maximum cap of 15% of the total allocation awarded to eligible PSA projects. For the FY 2025-2026 Program Year, Redlands has one (1) CIP project and five (5) eligible PSA projects for a total of six (6) projects. (Attachment B) In response to this year’s NOFA, the County received a total of eight (8) applications for Redlands, of which five (5) are eligible PSAs, one (1) eligible City CIP and two (2) PSA applications were deemed ineligible by the County.
The total funding requests for eligible applications was $433,370, of which $350,000 for the City CIP and $83,370 for the PSAs. The County determines eligibility based on their consistency with CDBG National Objectives and the strategies and goals of the Consolidated Plan. A list of all applications received with a brief description of the proposed CDBG project is attached to this report (Attachment C).
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Staff is recommending funding the City CIP for the Sylvan Park Restroom Replacement and ADA Improvements Project (Project), which includes replacement of an existing restroom that is beyond its useful life, full ADA accessible amenities, and the installation of an ADA compliant sidewalk that allows for access to the playground, a large picnic area as well as the restroom.
Recommending funding for this Project is $265,386.16, which includes $736.16 in unprogrammed funds (Attachment C).
Further recommendations include funding all five (5) of the eligible PSA applications. A comprehensive eligibility analysis was completed for all PSA applications received. Four (4) of the PSA's have a history of providing services to the residents of the City and are consistent with previous Council CDBG funding priorities, have demonstrated the ability to successfully meet project objectives and perform the administrative obligations of the CDBG program. One (1) PSA application for Girls on the Run is a new CDBG applicant to provide youth services and is recommended for approval.
While there is no minimum award for PSA projects, administration of a CDBG project, which is the responsibility of City staff, can be very time-intensive. For this reason, the City Council previously determined a minimum award of $7,500.
The City does not receive any portion of the CDBG award to administer the program, thereby making it a general fund expense. Staff is recommending all five (5) of the awards in the amount of $9,340, which meets the minimum funding award threshold; their services are eligible, align with the funding priorities of the City Council as well as with the CDBG National Objectives. (Attachment C)
The City's 2025-2026 final funding recommendations will be included in the 2025-2026 Annual Action Plan prepared by the County and presented to the County Board of Supervisors during a public hearing to be held in March 2025.
Once approved, the 2025-2026 Annual Action Plan will be submitted by the County to HUD prior to the May 15, 2025, deadline. Once the County's 2025-2026 Annual Action Plan is approved by HUD, the City will be notified of the award, at which time a staff report and resolution will be presented on a future City Council date for proposed acceptance of the grant award and approval of the resolution. The approved 2025-2026 CDBG Funding would then become available to awardees on July 1, 2025.
ALTERNATIVES:
The City Council may elect not to approve the funding recommendations and provide alternative funding recommendations within the funding thresholds described in this report. However, electing not to submit the 2025-2026 Cooperating City Recommended Projects Form to the County by the January 7, 2025, deadline may result in a loss of the CDBG funding for Fiscal Year 2025-2026 and could result in a reduction of or loss of funding in future years.
Redlands Regular Meeting of 12-17-2024 580 of 1598
STRATEGIC PLAN:
Not applicable.
SUBMITTED BY:
Brian Desatnik, Development Services Director
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Tricia Munoz, Development Services/Management Analyst
Fiscal Impact
Discussion:
There is no impact on the General Fund with approval of this item.
Attachments
Attachment A - NOFA
Attachment B - Funding Form
Attachment C - Project Applications List
Redlands Regular Meeting of 12-17-2024 581 of 1598
SAN BERNARDINO COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING (CDH)
NOTICE OF FUNDING AVAILABILITY (NOFA)
FOR THE
PROGRAM YEAR 2025-26 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM San Bernardino County, as a direct recipient of federal Community Planning and Development (CPD) funds from the United States Department of Housing and Urban Development (HUD), announces the availability of funding for the Community Development Block Grant (CDBG) program for the 2025-26 Program Year. These funds are designated to support projects that provide decent housing, create suitable living environments, and expand economic opportunities, particularly for lowto moderate-income individuals and communities.
The County seeks applications from eligible entities, including cities and nonprofit organizations, capable of delivering public services or capital improvement projects that align with the goals outlined in the County’s HUD Five-Year Consolidated Plan.
For the 2025-26 Program Year, beginning on July 1, 2025, the County anticipates receiving approximately $2.6 million in CDBG funds. These funds are available for use in Participating Cities under the County’s CDBG program. To be eligible, projects must meet one of the three HUD national objectives:
1. Benefit low- to moderate-income persons.
2. Address or eliminate slums and blight.
3. Address urgent community needs, such as natural disasters.
The following cities and surrounding communities are part of the County’s CDBG Participating Cities Program: Adelanto, Barstow, Big Bear Lake, Colton, Grand Terrace, Highland, Loma Linda, Montclair, Needles, Redlands, Twentynine Palms, Yucaipa, and Yucca Valley.
Applicants from these cities are encouraged to apply for funding. Examples of eligible activities include:
• Public Service Activities: such as senior services, health services, legal services, and employment training. • Capital Improvement Projects: including infrastructure improvements, neighborhood facilities, and special needs facilities.
HOW TO APPLY
Applications for CDBG funding will be available starting Tuesday, September 24, 2024. Guidelines and instructions can be found on the Community Development and Housing website: https://cdh.sbcounty.gov/community-development-andhousing-department/nofas-notices-rfps/. The deadline for submitting applications is Tuesday, October 29, 2024, by 4:00 P.M.. Applications must be submitted through the online Web Application Management System (WAMS):
https://sbc.hdsoftware.net/login. Any applications received after the deadline will not be accepted.
For any questions regarding the CDBG application process or to request assistance due to a disability, please contact Bryan Anderson, Supervising Analyst, by phone at (909) 501-0625 or via email at [email protected]. San Bernardino County is committed to complying with the Americans with Disabilities Act (ADA) and will provide reasonable accommodations upon request to ensure equal access to all applicants.
NOTE
The following cities are not part of the County’s CDBG Participating Cities Program: Chino, Chino Hills, Fontana, Hesperia, Ontario, Rancho Cucamonga, Rialto, San Bernardino, Upland, Victorville, and the Town of Apple Valley. These cities are direct recipients of federal HUD funding. Interested applicants in these cities should contact the respective city for application details.
Redlands Regular Meeting of 12-17-2024 582 of 1598
Attachment "B"
City (1): City Council Hearing Date (2):
$ 311,347 Public Service Limit (15%) (4): $ 46,702 $739.16 Public Service
YIN
(8)
Applicant's
Requested Amount (9)
City's 2025-2026
Recommended
Allocation Amount
(10)
Available
Unprogrammed
Funds to Commit
to Activity
(11)
Public Service
Amount
(12)
Activity
Total
(13)
N $ 350,000 $ 264,647.00 $ 739.16 $ - $ 265,386.16
Y $ 15,000 $ 9,340 $ - $ 9,340 $ 9,340.00
Y $ 10,000 $ 9,340 $ - $ 9,340 $ 9,340.00
Y $ 10,000 $ 9,340 $ - $ 9,340 $ 9,340.00
Y $ 38,370 $ 9,340 $ - $ 9,340 $ 9,340.00
Y $ 10,000 $ 9,340 $ - $ 9,340 $ 9,340.00
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
Totals (14) $ 433,370 $ 311,347.00 $ 739.16 $ 46,700.00 $ 312,086.16 Public Service Calculation (15):
$ 46,702
Less Total Public Service
Activity Amount: $ 46,700.00 $ 2
$ -
Signature Date (18)
The City agrees to enter into a "General Fund Guarantee" in order for the County to recommend activity funding.
Remaining Balance of Unprogrammed Funds (16):
Public Service Limit:
Authorized City Representative (17):
General Fund Guarantee Certification (19)
For Third-Party capital improvement activities, the City understands that reimbursements received from the County for which no measurable outcome is achieved may subsequently be required to be repaid by the City (using non-federal funds) to County. Measurable outcomes are defined as providing benefits to low- to moderate-income individuals, families, organizations, and communities and are derived from the project or program.
Amount Available to Program to Public
Service Activities:
Project Title
(* indicates project requires a "General Fund Guarantee") (7)
Sylvan Park Restroom Replacement & ADA Improvements
Family Service Association of Redlands - Housing & Food Assistance Boys and Girls Club - Family Strengthening
Girls on the Run - Youth Services
Victims of Violence - Supportive Services
YMCA of the East Valley - Legal Serivces
REDL25PS-023
REDL25PS-018
REDL25PS-033
REDL25PS-039
REDL25PS-053
COUNTY OF SAN BERNARDINO
Community Development and Housing Department
2025-2026 Community Development Block Grant (CDBG) Program Cooperating City Recommended Projects Form
CDH Application Log #
(6)
REDL25CN-016
City's 2025-2026 Allocation (3):
Available Unprogrammed Funds From
Prior Years (5):
City of Redlands Tuesday, December 17, 2024
YES
Redlands Regular Meeting of 12-17-2024 583 of 1598
San Bernardino County
Department of Community Development and Housing
2025-26 CDBG Project Proposals
Location Applicant Application # Project Title Amount
Requested Comments Eligible:
Yes/NO
Redlands
Tricia Munoz, Management Analyst
35 Cajon Street, Suite 20
Redlands, CA 92373
[email protected]
909-335-4755 ext. 9
REDL25CN-016 Redlands: Sylvan Park Restroom Replacement and ADA Improvements Project $350,000.00
Construction project - City of Redlands will manage installation of approximately 11,865 sq ft of ADA compliant sidewalk to allow for access to the Zanja drainage channel pathway, connect existing restroom concrete areas with existing, playground concrete areas and allow access to a large park picnic area. Project will also include replacement of current restrooms with ADA compliant restrooms at Sylvan Park, City of Redlands. Restrooms and Park Pathways will benefit the community's 8,510 residents of which 6,190 are of low-to moderate-income. Federal Davis-Bacon Wage Rates may increase costs.
Yes
Redlands
Kyra Stewart, Executive Director
612 Lawton Street
Redlands, CA 92374
[email protected]
9097932673
REDL25PS-018 Redlands: Housing and Food Program - FSA of Redlands $15,000.00
Public Service - Family Service Association of Redlands (FSA of Redlands), under contract with the City of Redlands, will provide housing case management services and emergency food to approximately 150 low-and moderate-income persons in the City of Redlands. Public Services are limited to low-and moderate-income persons and require documentation of at least 51% of the persons served are from are low- to moderate-income households. Also, should FSA of Redlands receive an increase in funding allocation a quantifiable increase in the level of service or a new additional service is required in order to continue to be eligible for CDBG funding. This contractor will provide increased units of service. This activity was funded in previous years (less than 12 months) and is a continuing activity.
Yes
Redlands
Michael Wells, Chief Executive Director
Boys & Girls Club of Greater Redlands -
Riverside
1251 Clay St.
Redlands, CA, 92374
[email protected]
909-798-4599
REDL25PS-023 Redlands: Boys and Girls Club - Family
Strengthening Program $10,000.00
Public Service - The Boys and Girls Club of Redlands-Riverside, under contract with the City of Redlands, will provide a Family Strengthening Program that will include food, counseling services, and referrals to other needed resources to approximately 2,100 low-and moderate-income persons in the City of Redlands. Public Services are limited to low-and moderate-income persons and require documentation of at least 51% of the persons served are from are low- to moderate-income households. Also, should The Boys and Girls Club of Redlands-Riverside receive an increase in funding allocation a quantifiable increase in the level of service or a new additional service is required in order to continue to be eligible for CDBG funding. This contractor will provide increased units of service. This activity was funded in previous years (less than 12 months) and is a continuing activity.
Yes
Attachment "C"
Redlands Regular Meeting of 12-17-2024 584 of 1598
San Bernardino County
Department of Community Development and Housing
2025-26 CDBG Project Proposals
Location Applicant Application # Project Title Amount
Requested Comments Eligible:
Yes/NO
Redlands
Molly Widdicombe, Council Director
Girls on the Run Inland Empire
P.O. Box 21044
Riverside, CA 92516
mollywiddicombe@girlson the run.org
(951) 394-3141
REDL25PS-033 Redlands: Girls on the Run $10,000.00
Public Service - Girls on the Run, under contract with the City of Redlands, will provide a 8-10 week program for approximately 40 girls ages 8-14 from low-to moderate-income households to empower themselves, improve physical activity, adopt healthy behaviors, boost their confidence, and develop positive connections by creating a 5K run event. Public Services are limited to low-and moderate-income persons and require documentation of at least 51% of the persons served are from are low- to moderate-income households. Since this is a new request for CDBG funding, if Girls on the Run - Colton has other funding sources currently identified to fund the program, a quantifiable increase in the level of service or a new additional service is required in order to be eligible for CDBG funding. CDBG funds cannot replace another funding source. If the program is new and has no other sources currently identified to date then an increase in services is not required.
Yes
Redlands
Cassandra Black, Associate Director of
Operations
Partners Against Violence
444 N. Arrowhead Ave, Ste. 101
San Bernardino, CA 92401
[email protected]
909-885-8884
REDL25PS-039 Redlands: Supportive Services for Victims of Violence - PAV $38,370.00
Public Service - Partners Against Violence (PAV), under contract with the City of Redlands, will provide outreach, counseling, and crisis intervention to approximately 110 victims of abuse and domestic violence within the City of Redlands. Public Services are limited to low-and moderate-income persons and require monthly documentation that at least 51% of the persons served qualify as low-and moderate-income. Battered and abused spouses are a presumed 51% low-to moderate-income population. However, documentation is still required. Also, should PAV receive an increase in funding allocation a quantifiable increase in the level of service or a new additional service is required in order to continue to be eligible for CDBG funding. This contractor will provide increased units of service. This activity was funded in previous years (less than 12 months) and is a continuing activity.
Yes
Redlands Regular Meeting of 12-17-2024 585 of 1598
San Bernardino County
Department of Community Development and Housing
2025-26 CDBG Project Proposals
Location Applicant Application # Project Title Amount
Requested Comments Eligible:
Yes/NO
Redlands
Brandi Collato, Chief Executive Officer
YMCA of the East Valley
500 E. Citrus Avenue
Redlands, CA 92373
[email protected]
909-798-9622 ext. 7107
REDL25PS-053 Redlands: YMCA of the East Valley - Legal
Services $10,000.00
Public Service - The YMCA of the East Valley, under contract with the City of Redlands, will provide legal services to approximately 600 low-and moderateincome persons in the City of Redlands. Public Services are limited to lowand moderate-income persons and require documentation of at least 51% of the persons served are from are low- to moderate-income households. Also, should YMCA of the East Valley receive an increase in funding allocation a quantifiable increase in the level of service or a new additional service is required in order to continue to be eligible for CDBG funding. This contractor will provide increased units of service. This activity was funded in previous years (less than 12 months) and is a continuing activity.
Yes
Redlands Regular Meeting of 12-17-2024 586 of 1598
San Bernardino County
Department of Community Development and Housing
2025-26 CDBG Project Proposals
Location Applicant Application # Project Title Amount
Requested Comments Eligible:
Yes/NO
Redlands
Sami Durham, Executive Director
Outdoor Journeys, Inc
4650 Jenks Lake Road E
Angelus Oaks, CA 92305
[email protected]
909-251-5020
REDL25CN-015 Redlands: Outdoor Journeys - Camp Nawakwa
Renovations $32,000.00
Ineligible Construction Project - Outdoor Journeys (non-profit) is asking City of Redlands for funds to repair one generator, replace one generator, replace three water heaters, renovate indoor meeting space cabin, and grade the road into Camp Nawakwa in Angeles Oaks. This Camp is a recreation camp for Los Angeles, Riverside, San Bernardino, San Diego & Orange Counties. The CDBG National Objective of Area Benefit (City of Redlands) to low-and moderate-income persons has not been shown to be met.
No
Redlands
Janelle Martin, CEO/COO
Stronger Together Now
330 N D St Suite 506
San Bernardino, CA 92401
[email protected]
213-595-8735
REDL25PS-028 Redlands: Stronger Together Now - Basketball Tournaments $74,000.00
Ineligible Project - Stronger Together Now focuses on monthly basket ball tournaments at local schools and gyms in the Inland Empire for people of all ages to pay for their Sports Director, referees, and winners. The CDBG National Objective of benefiting low-and moderate income persons or households has not been met.
No
Redlands Regular Meeting of 12-17-2024 587 of 1598
City Council Meeting L. 6.
DATE: 12/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Resolution No. 8643 determining that a proposed mixed-use development on an approximately 3.15-acre site located at the northeast corner of Stuart Avenue and Eureka Street is exempt from Measure 'U' (Development Services Director Desatnik)
MOTION(S):
If the City Council determines that the Planning Commission's recommendation is appropriate, the following motion is provided:
I move to adopt Resolution No. 8643 and find that the proposed mixed use project near the Downtown Redlands train station qualifies for exemption from Measure 'U'.
RECOMMENDATION:
On November 12, 2024, the Planning Commission reviewed the application and unanimously recommended that the City Council determine that the proposed project qualifies for exemption from Measure 'U.'
DISCUSSION:
A) Background
Project Site: The proposed development site consists of approximately 3.15 net acres located at the northeast corner of Eureka Street and Stuart Avenue (Attachment A). The project site is currently vacant except for a transformer in the southeast portion of the site.
Measure "U": The citizen-sponsored initiative measure from 1997 commonly known as Measure “U” was an amendment to the Redlands General Plan to implement certain growth management principles. Measure U is 17 pages long and includes special findings that must be made before a high-density residential project in the High Density Residential land use classification may either: a) exceed 18 dwelling units per acre, however, in no case may exceed 27 dwelling units per acre; and b) exceed two stories high or 35 feet in height. Measure U, by its own provisions, recognizes that certain types of development or projects may be determined to be exempt from those provisions of Redlands Regular Meeting of 12-17-2024 588 of 1598
the Redlands General Plan established by Measure U, including five “Special Categories of Development” specifically listed in the measure. Among the Special Categories of Development, Measure U provides a specific exemption that states, “Development directly related to proposed Metrolink stations in the City of Redlands, including one at the University of Redlands.”
Redlands Passenger Rail: For more than two decades, the City has planned cooperatively with the San Bernardino County Transportation Authority, other local public authorities, and private interests to establish a Metrolink rail line, Arrow passenger rail line, and train stations to serve the citizens, employees, and visitors in Redlands. On June 19, 2012, the City Council adopted Resolution No. 7173 determining that the creation of a General Plan “Transit Village Overlay” land use classification was exempt from Measure 'U' to promote the development of high density residential and non-residential uses within walking distance of Metrolink stations to reduce vehicular usage, improve air quality, provide health benefits, and provide economic development opportunities, among other public benefits. These actions laid the foundation for the General Plan Update adopted on December 5, 2017, that included the Transit Villages Concept as a central theme and strategy for more than 100 Policies and Actions contained in the new 2035 General Plan.
City Council Resolution No. 7173: The language in Measure U does not provide any specific guidance as to how to interpret the meaning of the phrase "directly related" to Metrolink stations. Because of this, on June 19, 2012, the City Council adopted Resolution No. 7173 determining that establishment of the "Transit Village Overlay" land use classification was exempt from Measure U in accordance with category D as "development directly related to proposed Metrolink stations in the City of Redlands, including one at the University of Redlands." This would promote the development of high-density residential and non-residential uses within walking distance of Metrolink stations. The resolution stated that this exemption would promote the development of high density residential uses within walking distance of Metrolink stations and had the objective of reducing the use of motor vehicles, improving air quality, providing health benefits, and providing economic development opportunities, among other public benefits.
A) Proposed Project
At this time, this application is limited to reviewing the proposed development project for exemption from Measure 'U' (Attachment B). This application for Measure 'U' exemption is not subject to the California Environmental QualityAct (CEQA) according to CEQA Guidelines Section 15060 because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. Formal environmental evaluation of the associated development project will occur after the development application has been deemed to be complete.
Project Description: The proposed project is a mixed-use development with a total of 85 apartments and 7,686 square feet of ground-floor commercial space on 3.15 acres. The development is up to four stories high and characterized as garden-style apartments designed in a California Contemporary architectural style. Commercial suites would be located at the street intersection of Eureka St./Stuart Ave. and along the Stuart Avenue frontage. Residential units would be distributed throughout the site and upper floors, and arranged around landscaped courtyards.
The proposed development features an integrated and cohesive architectural design in which Redlands Regular Meeting of 12-17-2024 589 of 1598
residential units are interconnected by elevated and ground-level pedestrian walkways, blending indoor and outdoor spaces. Other project features include 53 off-street parking spaces inside two ground-level parking garages, provision of a public access walkway extending across the site between Ruiz Street and Stuart Avenue, a private community room, on-site landscaping, frontage improvements, and the reconfiguration of easements along Eureka Street and Stuart Avenue.
General Plan: According to the General Plan land use map (Attachment D), the project site is designated 'Transit Village' which represents areas to be developed with mixed-use, transit-oriented development. Furthermore, the site is within the Transit Village Overlay Zone representing a half-mile radius around the downtown train station. The proposed development, combining residential and commercial uses, is consistent with this designation.
Zoning: According to the Redlands zoning map (Attachment E), the site is in the "Village Center (VC)" district of the Transit Villages Specific Plan (TVSP). The Village Center district applies to parcels immediately surrounding the three train stations. In this zone, new buildings are allowed to reach an average height of four stories and are mixed-use (i.e., retail/commercial and residential uses within the same building or site), all residential use, or all commercial uses.
Residential units within a mixed-use development having a commercial component are Permitted by right in this district (subject to Commission Review & Approval).
Development Review Process: The applicant has submitted a Development Application for the project, including a request for a Commission Review & Approval permit (which is now being processed), and will be scheduled for future review by the Planning Commission after the application has been accepted as Complete and has been reviewed by staff.
B) Request for Exemption from Measure "U"
The applicant is requesting a determination that the proposed project is exempt from the provisions of Measure 'U.' The City Council may determine whether a proposed project is exempt from Measure 'U,' which includes provisions specifically exempting certain categories of development under Section 2, Part B (Exemptions), the text of which is provided below. The applicant is requesting the exemption pursuant to category D on the basis that the development is "directly related" to the adjacent Downtown Redlands Metrolink station.
Special Categories of Development.
The provisions of this initiative measure shall not apply to the following:
A. New individual infill construction of single family homes on existing lots of record bounded by developed property as of March 1, 1997;
B. Rehabilitation, remodeling or additions to existing single family residential structures;
C. Reconstruction or replacement of any uses to the same density, intensity and classification of use as existed on the Effective Date, including legal non-conforming uses;
D. Development directly related to proposed Metrolink stations in the City of Redlands, including one at the University of Redlands;
E. New development projects subject to the Downtown Specific Plan 45, upon a four-fifths(4/5ths) vote of the total authorized membership of the City Council; and Redlands Regular Meeting of 12-17-2024 590 of 1598
F. Special, temporary or occasional uses of public streets including parades, local sporting and cultural events, graduation ceremonies, approved school activities and other occasional public gatherings.
C) Evaluation of Measure 'U' Exemption Request
As recommended by staff, the Planning Commission and City Council have evaluated the previous three Measure U exemption requests, pursuant to the Category D exemption, based on the following two criteria:
1. The project site is located within one-quarter (1/4) mile of a transit station and a clear pedestrian route is available from the project site to the transit station.
This criterion is useful for the evaluation of these requests as a 1/4 mile radius covers areas that are within a 5-minute walking distance from the transit station. The 1/4 mile radius is utilized in the City's General Plan to define a "mixed use core" around a passenger rail station as an area with the potential for the highest development intensity and ability to support transit ridership.
Sites within a one-quarter mile of a rail station have been shown to have significantly higher rates of using trains or transit to commute to and from work destinations, due to the convenience of its location and transit stops. Some households within these types of transit-oriented multi-family residential developments may choose to not own any automobiles.
The project site is located across Stuart Avenue from the Redlands - Downtown Metrolink station (direct pedestrian access available along the public sidewalk on Eureka Street) and is a short walking distance away from the station platform. The maximum length of the pedestrian route, measured from the opposite side of the development site to the platform, is roughly 550 feet, which is substantially less than one-quarter mile (1,320 feet).
2. The project provides residential units at a density of a minimum of 20 units/acre.
This criterion is useful for the evaluation of these requests as, consistent with the objectives identified in City Council Resolution No. 7173 described above, increased density around a passenger rail station facilitates walkable neighborhoods that are less automobile-dependent and promotes transit ridership, which in-turn reduce the use of motor vehicles and improve air quality. The residents within the units will also support the nearby commercial, retail, and restaurant uses found in the downtown area, providing economic development opportunities also as identified in Resolution No. 7173. Greater amounts of pedestrian activity also enhance the sense of safety in the area by having more presence and activity on the street.
The project includes 85 dwelling units on a 3.15-acre site, which exceeds 20 units per acre. The TVSP/VC district of the TVSP does not have any limitations on density, but rather uses form-based development standards, such as building setbacks and height, that place limitations on building location and size.
ALTERNATIVES:
1. The City Council may continue the item and direct staff to address any issues or bring back additional information; or
2. The City Council may continue the item and direct staff to prepare findings for denial of the request.
Redlands Regular Meeting of 12-17-2024 591 of 1598
STRATEGIC PLAN:
The proposed project would be consistent with the strategic objective for Economic Vitality under Priority A, Quality of Life:
Implement policies and programs to expand the City’s affordable housing opportunities.
Encourage redevelopment efforts in the transit corridor (i.e. University Village and mall site).
SUBMITTED BY:
Brian Desatnik, Development Services Director
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Kevin Beery, Senior Planner
Fiscal Impact
Fiscal Year: 24-25
Revenue Generating: No
Appropriation Required Y/N: No
Discussion:
No fiscal impact. The applicant paid the applicable application filing fees.
Attachments
Attachment A: Location Map & Aerial Photo
Attachment B: Measure U Exemption Application
Attachment C: Site Plan and Rendering
Attachment D: General Plan Land Use Map
Attachment E: Zoning Map
Attachment F: City Council Resolution No. 7173
Attachment G: Resolution 8643
Redlands Regular Meeting of 12-17-2024 592 of 1598
W 10 FRWY
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E 10 FRWY
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ALTA
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CLAY
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THE TERRACE
E COLTON AVE
3RD ST 3RD ST
RUIZ ST
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W PEARL AVE E PEARL AVE
W HIGH AVE
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US Feet
Legend
Parcels
Streets
Streets
City of Redlands
Measure 'U' Exemption No. 4 — Location Map
Author: Redlands GIS Date: 2024-10-15
PROJECT SITE
Redlands Regular Meeting of 12-17-2024 593 of 1598
Redlands Regular Meeting of 12-17-2024 594 of 1598
STUART & EUREKA STUART + EUREKA
Redlands Regular Meeting of 12-17-2024 595 of 1598
SCALE:
DATE PRINTED:
PROJECT NUMBER:
SHEET TITLE:
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED WORK
OF THE ARCHITECT AND MAY NOT BE DUPLICATED, USED
OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE
ARCHITECT.
BROOKS + SCARPA ARCHITECTS, INC.
3929 W. 139TH STREET
HAWTHORNE, CA. 90250
t: 323.596.4700
9/20/2024 6:21:58 PM
A0.04
3D VIEWS
THE PINES
23005.0
NE CORNER OF STUART AVE & EUREKA ST
REDLANDS, CA 92374
06 VIEW OF STUART FACING EAST
07 VIEW OF STUART ENTRANCE DRIVEWAY
08 VIEW OF EUREKA ENTRANCE DRIVEWAY
03 VIEW OF RUIZ ENTRANCE DRIVEWAY & PASEO
14 VIEW OF STUART FACING WEST
15 VIEW @ ADJACENT PROPERTY ON STUART
16 VIEW @ ADJACENT PROPERTY ON EUREKA
04 VIEW @ STUART AVE & EUREKA ST
KEYPLAN
SE
NE
SW
NW
06 04
07 15
08 03
N
16 05 14
05 VIEW OF STUART FACING EAST
SCHEMATIC DESIGN/PLANNING SUBMITTAL 2024-09-16
STUART & EUREKA STUART + EUREKA
Redlands Regular Meeting of 12-17-2024 596 of 1598
SCALE:
DATE PRINTED:
PROJECT NUMBER:
SHEET TITLE:
ALL DRAWINGS AND WRITTEN MATERIAL APPEARING
HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED WORK
OF THE ARCHITECT AND MAY NOT BE DUPLICATED, USED
OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE
ARCHITECT.
BROOKS + SCARPA ARCHITECTS, INC.
3929 W. 139TH STREET
HAWTHORNE, CA. 90250
t: 323.596.4700
9/20/2024 6:21:59 PM
A0.05
3D VIEWS
THE PINES
23005.0
NE CORNER OF STUART AVE & EUREKA ST
REDLANDS, CA 92374
05 VIEW @ PASEO
KEYPLAN
SE
NE
SW
NW
06 VIEW OF LOBBY ENTRY @ STUART
07 VIEW OF DRIVEWAY ENTRY @ STUART
08 VIEW OF RETAIL @ EUREKA
03 VIEW OF PASEO & DRIVEWAY @ STUART
14 VIEW @ DECK
15 VIEW @ DECK
16 VIEW @ DECK
04 VIEW @ STUART AVE & EUREKA ST
13 VIEW @ DECK
04 06
13 14
16 05
15 07
08 03
N
SCHEMATIC DESIGN/PLANNING SUBMITTAL 2024-09-16
STUART & EUREKA STUART + EUREKA
Redlands Regular Meeting of 12-17-2024 597 of 1598
City of Redlands
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Transit Village
Transit
Village Transit
Village
Transit
Village
Transit
Village
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Village
Transit
Village
RAIL RAIL RAIL
Transit
Village
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Legend
Parcels
General Plan 2035
DESCRIPTIO
Low Density Residential
DESCRIPTION
Transit Village
Streets Measure U Exemption No. 4 — General Plan Land Use Map Streets
PROJECT
SITE
Redlands Regular Meeting of 12-17-2024 598 of 1598
City of Redlands
TVSP/COR
TVSP/VG
TVSP/VG
TVSP/VG
TVSP/VG
TVSP/VC
TVSP/VG
TVSP/VG
TVSP/VG
TVSP/VG
TVSP/COR TVSP/COR TVSP/COR TVSP/COR TVSP/VG
TVSP/VG
TVSP/COR TVSP/COR TVSP/COR TVSP/COR
TVSP/VG TVSP/VC
TVSP/VC
TVSP/VC
TVSP/VC
TVSP/VG
TVSP/VC
TVSP/VC
TVSP/DT
TVSP/CS
TVSP/CS
TVSP/VG
TVSP/VC
W 10 FRWY
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E 10 FRWY
N 5TH ST
ORANGE
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ALTA
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W STUART AVE
CLAY
ST
OHIO
ST
LAWTON ST
W 10 FRWY
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STUART
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HIGH
AVE
THE TERRACE
E COLTON AVE
3RD ST 3RD ST
RUIZ ST
3RD ST
W PEARL AVE E PEARL AVE
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AL HARRIS LN
LAWTON ST
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0 180 360 540 720 90
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Author: Redlands GIS Date: 2024-10-15
Legend
Parcels
Transit Village Specific Plan (TVSP)
CODE
TVSP/COR
TVSP/CS
TVSP/DT
TVSP/NG1
TVSP/NG2
TVSP/VC
TVSP/VG Measure U Exemption No. 4 — Zoning Map Streets
PROJECT
SITE
Redlands Regular Meeting of 12-17-2024 599 of 1598
RESOLUTION NO. 7173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS INTERPRETING THE PROVISIONS OF MEASURE'- U," AN INITIATIVE ORDINANCE
AMENDING THE CITY' S GENERAL PLAN, RELATING TO LAND USE
CLASSIFICATIONS AND THE DEVELOPMENT OF METROLINK STATIONS WHEREAS, on November 4, 1997, the voters of Redlands, approved Measure. " U," an initiative ordinance of the people of Redlands to amend the City' s General Plan by establishing principles of managed development; and
WHEREAS, the results of the election relating to Measure " U" were certified on December 2, 1997, and Measure" U' subsequently took effect on December 12, 1997; and WHEREAS, Measure " U," by its own provisions, recognizes that the City Council of the City of Redlands ( the " City Council") may, from time to time, find it reasonable or necessary to interpret, or resolve ambiguities within, Measure" U;" and WHEREAS, Measure " U" further provides that when interpreting or resolving ambiguities of Measure" U," the City Council should do so in the manner which most vigorously and effectively accomplishes its purposes and operative provisions; and WHEREAS, for almost two decades, the City has planned cooperatively with San Bernardino Associated Governments, other local public authorities, and private interests to establish a Metrolink rail line and Metrolink stations to serve the City of Redlands; and WHEREAS, the provisions of Measure" U" recognize the importance of the development of the Metrolink rail line and Metrolink stations by exempting from its provisions" Development directly related to proposed Metrolink stations in the City of Redlands, including one at the University ofRedlands;" and
WHEREAS, to directly facilitate the development of Metrolink stations, City staff has determined it is appropriate and necessary for the City to establish a new General Plan" TransitVillage Overlay" land use classification to permit the development of high density residential and non- residential users within walking distance of Metrolink stations to reduce vehicular usage, improve air quality and provide health benefits, and provide economic development opportunities; and
WHEREAS, Section IA.30 Principle Three of Measure " U" provides that " The density standards set forth in Paragraph 4. 40, ' Residential Land Use Classifications," of Section 4. 0, Land Use El t< of the Redlands General Plan shall not be increased, and no new residential land use classifications shall be added, without a vote of the people;" and WHEREAS, based upon the information provided by, and recommendation of,City staff, the City Council proposes to resolve the ambiguity arising, on one hand, from the recognition by Measure " U" of the importance of the development of Metrolink stations, and on the other hand, 4-
1Acc1etk\ RcsWufiowUtes 7100- 71W7173 1eame U In tion.
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the prohibition against adding new land use classifications to the City' s General Plan which might be necessary for the development of such Metrolink stations, by determining that the proposed Transit-Village Overlay is exempt from the provisions of Measure " U" and thus does not run afoul of the Measure' s provision against adding new land classifications without a prior vote of the people;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows:
S' tion 1. The City Council hereby finds and determines that the above recitals are true and correct
Section 2. The City Council hereby intends to resolve an ambiguity within Measure U" by interpreting Measure " U" as exempting the establishment of a" Transit-Village Overlay" land use classification for the purposes of developing Metrolink stations from the prohibition of Measure " U" against adding new land use classifications to the General Plan without a vote of the peopleSection 3. The City Council hereby finds and determines that the adoption of this resolution is exempt from review and under the California Environmental Quality Act(" CEQX') pursuant to CEQA Guidelines Section 15061{ b) 3) because the City Council has determined that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the enviromnent.
ADOPTED, SIGNED AND APPROVED this 19' h
day of June, 2012.
Pete Aguilar, Mayor
ATTEST:
Sam ACy herk
2-
L%" 1erk\ ResotufimW-a 7IW7199X7173 Was= U Interpretaion. doe Redlands Regular Meeting of 12-17-2024 601 of 1598
I, Sam Irwin, City Clerk ofthe City of Redlands, hereby certify that the foregoing resolution was adopted by the City Council at a regular meeting thereof held on 19th
day of June, 2012, by the
following vote:
AYES: Councilmembers Harrison, Bean, Foster, Gardner; Mayor Aguilar NOES: None
ABSTAIN: None
ABSENT: None
Sam irwin—,- City Clerk
3-
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1 I:\cmo\Resolutions\8643 Determining Mixed Use Development Corner of Stuart Ave & Eureka Street Exempt Measure U.docx-msv2 RESOLUTION NO. 8643
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
DETERMINING THAT A PROPOSED MIXED-USE DEVELOPMENT ON
APPROXIMATELY 3.15 ACRES AT THE NORTHEAST CORNER OF
STUART AVENUE AND EUREKA STREET IS EXEMPT FROM THE
GENERAL PLAN PROVISIONS ESTABLISHED BY MEASURE “U”
WHEREAS, on November 4, 1997, the qualified voters of the City of Redlands approved a citizen-sponsored initiative measure, commonly known as Measure “U,” as an amendment to the Redlands General Plan to implement comprehensive growth management principles to preserve, enhance, and maintain the quality of life in the Redlands community; and WHEREAS, Measure “U,” by its own provisions, recognizes that certain types of development or projects may be determined to be exempt from those provisions of the Redlands General Plan established by Measure “U,” including five “Special Categories of Development” specifically listed in the measure; and
WHEREAS, the City’s development entitlement applications request an applicant to inform the City whether its proposed project qualifies for any of the exemptions of Measure “U” in order to assist the City in determining which Redlands General Plan provisions will be applicable to the project for determining first, whether the application is “complete” in accordance with section 65943 of the California Government Code and second, to identify the applicable Redlands General Plan provisions, and other City laws govern the City’s subsequent processing of the project; and
WHEREAS, Balboa Park Properties, LLC has filed development entitlement applications with the City, including a Commission Review and Approval, for a four-story, 85-unit apartment complex with 7,686 square feet ground-floor commercial space and related site improvements on approximately 3.15 acres (the “Project”); and
WHEREAS, among the Special Categories of Development, Measure “U” provides a specific exemption for “development directly related to proposed Metrolink stations in the City of Redlands, including one at the University of Redlands;” and WHEREAS, for more than two decades, the City has planned cooperatively with the San Bernardino County Transportation Authority (formerly known as the San Bernardino Associated Governments), other local public authorities, and private interests, to establish a Metrolink rail line, Arrow passenger rail line, and train stations to serve the City; and WHEREAS, on June 19, 2012, the City Council adopted Resolution No. 7173 determining that the creation of a General Plan “Transit Village Overlay” land use classification was exempt from Measure “U” to promote the development of high density residential and non-residential uses within walking distance of Metrolink stations to reduce vehicular usage, improve air quality, provide health benefits, and provide economic development opportunities, among other public benefits; and
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2 I:\cmo\Resolutions\8643 Determining Mixed Use Development Corner of Stuart Ave & Eureka Street Exempt Measure U.docx-msv2 WHEREAS, on December 5, 2017, the City Council adopted the Redlands General Plan which features the Transit Villages Concept as an organizing strategy around which more than one hundred “Principles and Actions” are designed to promote sustainable infill-development within a half-mile radius of the future train stations in Redlands; and WHEREAS, on December 5, 2017, the City Council adopted the Climate Action Plan that provides policies and guidelines to enable the City’s residents and businesses to operate effectively while reducing their environmental impacts from motor vehicle trips, electricity consumption/production, water use, and other effects from urbanized development; and WHEREAS, the 2035 General Plan incorporates the Transit Villages Concept and seeks to encourage transit-oriented development that will reduce motor vehicle trips and vehicle miles traveled; reduce greenhouse gases emissions, improve air quality both within Redlands and regionally, promote infill development and discourage sprawl, preserve agricultural land within and around Redlands, protect open space and conservation areas around the periphery of the city, and preserve natural hills and scenic views around the periphery of the City; and WHEREAS, on October 18, 2022, the City adopted the Transit Villages Specific Plan to fully implement the community’s vision for compact, efficient, attractive, transit-oriented, environmentally-sustainable, and pedestrian-friendly urban form with higher density developments consistent with Redlands’ historical character within approximately half-mile radius of the three future train stations in Redlands, including the new Metrolink platform and Arrow platform adjacent to the historic Santa Fe Depot at the Downtown Station location; and WHEREAS, the proposed Project site is located across Stuart Avenue from the Redlands - Downtown Metrolink station and has pedestrian access along the public sidewalk on Eureka Street by a direct route which, measured from the opposite side of the proposed development site to the station platform, is roughly 550 feet, which is substantially less than a quarter-mile (1,320 feet); and
WHEREAS, the preliminary site plan for the proposed Project indicates the Project will be in substantial conformance with the design intent and pedestrian-orientation requirements contained in the draft Transit Villages Specific Plan for the preferred future buildout of the transit villages areas around the train stations, including the Project site; and WHEREAS, on November 12, 2024, the Redlands Planning Commission held a public meeting and reviewed the application for Measure “U” Exemption related to the Project, considered the written staff report, testimony from staff and the applicant, and the public comments that were submitted and read into the public record; and WHEREAS, on November 12, 2024, the Redlands Planning Commission determined that the requested Measure “U” Exemption is consistent with the intent and provisions of Section 2, Part B, subsection 2 (titled “Special Categories of Development”) of Measure “U” for “Development directly related to proposed Metrolink stations in the City of Redlands, including one at the University of Redlands” and voted 7 to 0 recommending that City Council determine that the Project is exempt from Measure “U.”
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
Section 1. The City Council of the City of Redlands hereby determines that the proposed Project (depicted in the preliminary Site Plan in Exhibit “A” attached hereto) is exempt from those provisions of the Redlands General Plan established by Measure “U,” in accordance with the exemption provided for “Development directly related to proposed Metrolink stations in the City of Redlands, including one at the University of Redlands” contained in Section 2, Part B, subsection 2 (titled “Special Categories of Development”) of Measure “U.” Section 2. This Resolution shall become effective upon adoption.
ADOPTED, SIGNED AND APPROVED this 17th day of December 2024. _________________________________
, Mayor
ATTEST:
_________________________________
Jeanne Donaldson, City Clerk
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4 I:\cmo\Resolutions\8643 Determining Mixed Use Development Corner of Stuart Ave & Eureka Street Exempt Measure U.docx-msv2 I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Resolution was duly adopted by the City Council at the regular meeting thereof, held on the 17th day of December, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
Jeanne Donaldson, City Clerk
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EXHIBIT A
CONCEPTUAL SITE PLAN
Redlands Regular Meeting of 12-17-2024 610 of 1598
City Council Meeting L. 7.
DATE: 12/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Professional Services Agreement with Activu Corporation for an amount not to exceed $257,779, for the purchase and installation of an audiovisual system for the City's Emergency Operations Center (EOC) as part of the grant-funded EOC Renovation Project (Fire Chief Sessler)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move that the City Council approve a Professional Services Agreement with Activu Corporation.
RECOMMENDATION:
Staff recommends the City Council approve a Professional Services Agreement with Activu Corporation for the purchase and installation of an audiovisual system as part of the grant-funded EOC Renovation Project.
DISCUSSION:
On April 18, 2023, the City Council approved the award of the FY22 Emergency Operations Center Grant for the City's EOC Renovation Project. The grant is designed to enhance emergency management and preparedness by supporting flexible, sustainable, secure, strategically located, and fully interoperable EOCs, with a focus on addressing identified deficiencies and needs. Key renovations include optimizing the space for improved functionality, upgrading workspaces, IT/computer systems, and audiovisual equipment, and addressing facility enhancements. Priorities include replacing the EOC's aging rooftop HVAC units and roofing, as well as upgrading the audiovisual system. To meet the need for modernized audiovisual capabilities, staff conducted research on audiovisual providers and identified Activu as the best option. The Activu EOC Visualization Redlands Regular Meeting of 12-17-2024 611 of 1598
providers and identified Activu as the best option. The Activu EOC Visualization System provides a comprehensive solution for improving situational awareness and decision-making. It integrates multiple data sources into a centralized platform, displaying critical information on large video walls or connected devices. This system allows users to manage, share, and control visual data in real-time, fostering better team collaboration. With its open, flexible architecture, the Activu system can distribute a common operating picture across various locations, including conference rooms, mobile devices, and remote offices, ensuring key personnel have access to crucial information wherever they are.
Activu's Visability software further enhances team collaboration with a streamlined interface. Using Commercial-off-the-Shelf (COTS) hardware, Visability allows operators to control connected display areas from any Windows-based device, easily managing and manipulating content—known as "sources"—within the control room and sharing it beyond, to conference rooms, supervisor offices, and mobile devices.
Activu Visability software is exclusively developed by Activu Corporation and only available to direct purchasers. It is not sold through any distribution networks, and no authorized resellers exist for integration, support, troubleshooting, or repair services for Activu’s software or systems. After thorough research on audiovisual systems suitable for the Emergency Operations Center (EOC), staff has determined that Activu Visability is the most responsive and responsible choice to effectively address the needs of the City of Redlands EOC. This solution not only meets the technical requirements but also aligns with the city's commitment to ensuring efficient and effective operations in critical situations. For these reasons, staff is seeking approval for this purchase as a sole-source procurement.
ALTERNATIVES:
The City Council may opt not to award the contract to Activu and instead provide staff with alternative direction.
STRATEGIC PLAN:
Priority B - Health & Safety
SUBMITTED BY:
Rich Sessler, Fire Chief
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
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REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:
Bruni Reyes, Management Analyst
Fiscal Impact
Fiscal Year: 2024-2025
Revenue Generating: N
Appropriation Required Y/N: N
Discussion:
The total cost for the EOC Visualization System Upgrade Project is $257,779.
However, there is no fiscal impact associated with approving the Professional Services Contract with Activu, as the project is funded through a grant.
Attachments
Sole Source Form
Activu PSA
Exhibit A - Scope of Work
Exhibit D - Contract Provisions for Non-Federal Contracts Under Federal Awards
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AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of the purchase of Emergency Operations Center Visualization System Software and Equipment (“Agreement”) is made and entered in this 17th day of December, 2024 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Activu Corporation, 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 Emergency Operations Center Visualization Software and Equipment services for City (the “Services”).
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 – SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” 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 Agreement including, but not limited to, any applicable State prevailing wage laws.
ARTICLE 3 – RESPONSIBILITIES OF CITY
3.1 City designates Rich Sessler, Fire Chief, 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 accordance with the schedule set forth in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference
4.2 Consultant shall complete the Services by April 30, 2025, unless the Services are terminated earlier as provided for herein.
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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 City, 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 Compensation: Total compensation for Consultant’s performance of the Services shall be in the amount of Two Hundred Fifty-Seven Thousand and Seven Hundred Seventy-Nine Dollars and Five Cents ($257,779.05). City shall pay Consultant in accordance with Exhibit “B,” titled “Fee Schedule” which is attached hereto and incorporated herein by this reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant’s invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY: CONSULTANT:
City Clerk Suzanne Rajsteter, Director of Compliance
City of Redlands Activu Corporation dba Imtech Corporation 35 Cajon Street 301 Round Hill Drive
P.O. Box 3005 (mailing) Rockaway, NJ 07866
Redlands, CA 92373 [email protected]
[email protected] Phone: (973) 343-4931
Phone: (909) 798-7531
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.
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3 I:\cmo\Agreements\Activu Corporation Professional Services Agreement FY24-0077.docx-msv.2 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 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. 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 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 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 selfinsurance maintained by City.
E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor.
6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services.
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4 I:\cmo\Agreements\Activu Corporation Professional Services Agreement FY24-0077.docx-msv.2 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 specified 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, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.
ARTICLE 8 – GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of inhouse counsel by a Party.
8.2 Consultant 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, result in City’s immediate termination of this Agreement.
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8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant’s employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed 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 Services, 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 in addition to Exhibit “D” titled “Contract Provisions for Non-Federal Entity Contacts Under Federal Awards,” 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, any 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 ACTIVU CORPORATION
By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Suzanne Rajsteter, Director of
Compliance
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
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7 I:\cmo\Agreements\Activu Corporation Professional Services Agreement FY24-0077.docx-msv.2 EXHIBIT "A"
SCOPE OF SERVICES
[Attached]
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8 I:\cmo\Agreements\Activu Corporation Professional Services Agreement FY24-0077.docx-msv.2 EXHIBIT "B"
FEE SCHEDULE
Payment 1 : Hardware and Software - Invoiced upon delivery of properly provisioned equipment to the Redlands Emergency Operations Center.
Payment 2 : Labor and Support Services - Invoiced upon completion of installation and training, as validated by signed Customer Acceptance
System Installed Price
Display Devices $ 14,031.76
Process & Control $ 45,137.10
Audio System $ 16,532.33
Cable, Wire, Racks $ 15,358.18
Activu Software $ 52,718.00
$ 143,777.37
Item Total Price
Labor, Travel, Shipping & Logistics 97,104.83 $
1st Year Silver Level Support 16,896.85 $
$ 114,001.68
GRAND TOTAL: 257,779.05 $
PAYMENT I
PAYMENT II
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9 I:\cmo\Agreements\Activu Corporation Professional Services Agreement FY24-0077.docx-msv.2 EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
ACTIVU CORPORATION
By:_________________________________________ Date: ______________ Suzanne Rajsteter, Director of Compliance
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10 I:\cmo\Agreements\Activu Corporation Professional Services Agreement FY24-0077.docx-msv.2 EXHIBIT “D”
CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER
FEDERAL AWARDS
[Attached]
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Proposal to: City of Redlands, CA
Project: EOC Visualization System
Activu contacts
Matt Troedson Erik Walker Mark Roy
[email protected] [email protected] [email protected] 858.232.0512 973.343.4908 973.343.4928
Western Regional Sales
Manager
Sales Administrator Senior Sales and Systems
Engineer
Activu reference #: ES-0120
Proposal Date: November 4, 2024
Proposal valid for 45 days from proposal date unless extended in writing by Activu.
EXHIBIT "A"
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TABLE OF CONTENTS
EXECUTIVE SUMMARY...........................................................................................................................2 THE ACTIVU SOLUTION..........................................................................................................................5 Product: vis|ability Software ........................................................................................................... 5 Hardware Reliability......................................................................................................................... 9 PROPOSED ACTIVU SOLUTION DESIGN ................................................................................................11 APPENDICES........................................................................................................................................18 Appendix 1: Project Implementation............................................................................................. 19 Appendix 2: Pricing......................................................................................................................... 21 Appendix 3: Terms & Conditions.................................................................................................... 22 Appendix 4: Warranty & Support Plans ......................................................................................... 30 Appendix 5: Vis|ability Information............................................................................................... 34 Appendix 6: Training & Manuals.................................................................................................... 35 Appendix 7: Manufacturer’s Equipment literature........................................................................ 36 Redlands Regular Meeting of 12-17-2024 630 of 1598
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Executive Summary
The City of Redlands has been discussing their needs to update and upgrade their current Emergency Operations Center so that they can properly respond to incidents in the future. The facility will monitor cameras, ALERTCalifornia, weather, news, and many other applications. The space will feature Displays dispersed throughout the EOC, Briefing Room and Watch Commanders Office. Once completed, the EOC will be modernized and ready to take on the incidents of today and the future.
Activu vis|ability empowers your team with a highly flexible collaborative visualization suite, carefully tailored to the needs of City of Redlands
Activu’s commitment to exceptional products and services reaches back 40 years. We have provided in this document our unbiased professional insight and opinion on what is necessary to dramatically enhance your critical operation’s efficiency and collaboration and exceed the stated goals for this project.
Welcome to the community:
1000+ global Activu-enabled critical facilities,
Tens-of-thousands of the most experienced,
collaborative critical operations professionals,
Impacting the daily safety, movement,
commerce, and comfort for billions of people
around the world.
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Activu is trusted to provide operational
vis|ability for mission-critical visual
Activu software & intelligence
solutions make critical
information visible &
collaborative, improving
incident response,
decision-making, &
management.
Transportation
Traffic Management Centers, &
Departments of Transportation
Rail & Mass Transit Operators
Airports & Federal Air Travel
Agencies
Shipping & Ports
1 Trillion
Miles of road
travel per day
1 Billion
Transit Passengers
Annually
Utilities & Industry
Electricity Generation & Transmission
Oil & Gas
Water & Sewage
300
Million
U.S. Energy
Customers
Monitoring
200,000
Kilometers of
power lines
Government Agencies
Department of Defense
Department of Homeland Security
Many Other Federal Agencies
Helping Protect
330 Million U.S. Citizens
Public Safety & Smart Cities
Emergency Operations Centers
Fire, Police, & Disaster Response
Fusion Centers
100+ Million
Metropolitan Area Citizens
Corporate & Government IT 91 Billion
Cyber Attacks Prevented Every Year
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Activu vis|ability is the only Event-Driven Intelligent Visualization platform available, anywhere.
See Share Respond
Easily introduce & manipulate
content Sources in the control
room, to assemble a common
operating picture for display on
video walls, desktops,
conference room displays,
mobile devices, and more.
Any type and number of Sources
are available over the network:
enterprise applications, video,
actual or virtual computer
screens, web sources, mobile
devices, or local applications.
Effortlessly share the content of
the common operating pictures
entire screen, or just a portion
of the visualization.
Whether the actual content is
on a display, or virtually
arranged in Spaces, it can be
shared anywhere: from the
video wall to other rooms, to
other offices, or subject matter
experts, and bidirectionally to
and from authenticated mobile
devices.
Systems which are common in
control operations—video
management, access control, IT
service management, process
historians, SCADA—are
interconnected through the
Activu platform.
Vis|ability users can easily
setup threshold conditions that
instantly trigger the display of
sources and messages on the
video wall or any screen
automatically, separating signal
from noise, improving incident
response, and focusing your
team on what matters.
Separate signal from noise.
Focus your team on what’s important.
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The Activu Solution
An intelligent Video Display System deployment is an endeavor our clients typically undertake once or twice in a career. Activu brings the experience and the know-how that comes from tackling these projects every day, from managing a thousand of them over four decades, and adding fifty more every year.
Every Activu solution consists of the professional services we provide as experts dedicated to the control room visualization domain, the vis|ability software solution, and the specific design proposed for the physical and functional needs of City of Redlands.
Product: vis|ability Software
Activu vis|ability enables highly flexible and immersive team collaboration around visual information, through a clean and efficient software interface.
Vis|ability is an open platform that utilizes Commercial-off-the-Shelf (COTS) hardware to provide a powerful, flexible solution that enables the operator to take control of any connected display area from a Windows-based device. They can easily introduce and manipulate content, or “sources” in the control room, and share the common operating picture beyond the control room to conference rooms, supervisor offices, mobile devices and more.
Take a tour of the platform and interface below:
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Vis|ability Desktop Client: Control software, with you in control Activu's software is flexible and powerful. With it, City of Redlands can use vis|ability software to create a simple, Windows-based preset interface for operators to select layouts they need to see, and it can run on their computer, or tablet, or mobile device.
Additionally, users have a robust interface to freely move sources, change them, access all the displays (the video wall and others), plus save new layouts.
Capture Client screen sharing
Activu’s approach to control room
visualization and collaboration is unique.
It is software based securely leveraging
your existing IP network(s) to assimilate
information sources into your common
operating picture, the ones you know you need today and other desktop applications that you will adopt in the future.
A component of the vis|ability Desktop Client is the Capture Client which is an innovative method of sharing information sources of varying type, (e.g., application windows, images from single or multi-headed displays) of any resolution over your network to any Activu-powered display (e.g., video walls, single panels, desktops, including mobile devices). These sources can come from any computer on your network, even virtual machines. Please see Appendix 5: Vis|ability Information for additional details.
Vis|ability Display Node
The design of your Activu solution includes the Activu Display Node software running on the video wall processor. This same software can be run on any standard Windows-based computer attached to any display, so your future plans to extend your operating picture beyond the control room to your conference rooms and other rooms can easily made a reality. In fact, the operating picture can be extended anywhere in City of Redlands, accessible and controlled by authenticated users as a “destination” for the system, able to display any sources in the vis|ability system. Many of our Clients expand the system in this way, in preparation for the future and the inevitable change of operational needs.
Vis|ability Collaboration
The vis|ability platform provides integrated collaboration capabilities, including simplified and powerful desktop sharing (including application, individual screen, or full desktop), as well as introduces a powerful tool called Spaces, which are user-managed virtual video walls that can be used to share multiple sources with other vis|ability users, displayed on a video wall, or directed to a user’s mobile device, or all three.
With integrated chat and markup, spontaneous situational collaboration, in context and in real time, is simple, powerful and intuitive.
Activu Integration with Applications
Vis|ability offers a comprehensive interface that enables integration of external software and systems to the platform.
An SDK is offered to allow third party application developers (and control systems) programmatic access to the vis|ability platform. The SDK definition is available freely from Activu and is implemented in System Manager component. Support for developers that might require assistance in building and integrated solutions is also available at modest cost. The SDK is delivered as a Rest API.
Figure 1: Vis|Ability Simple Button
Panel
Figure 2: Capture Client
Screen Sharing
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Vis|ability offers an integrated scripting interface within its Desktop Client, with programmatic access to vis|ability capabilities, and the ability to interface with external applications and systems. This is a standard part of the vis|ability software platform.
Monitoring Services
Activu provides self-monitoring and reporting of vis|ability system components and their hosting machine state, with detailed live configuration information and configurable live logs. • Ability to monitor multiple vis|ability components simultaneously, determining connection and active status, and review configuration.
• Full web interface allows monitoring without installation of a client application. o Secure access and proper authentication required to access. • Provides robust information regarding the state of each computer connected to, or using, vis|ability software, including:
o Component(s) installed, versions, and their current running state. o Computer information including OS versions and patch levels, CPU, memory and disk usage.
• Specialized information presentation for core components, including Nexus, MUXrouter, and Display Nodes.
Security
To date, Activu software is successfully operating on classified networks across the Department of Defense and the Intelligence Community. These standards provide a level of security the City of Redlands can have absolute confidence in.
Our software was the first "video wall controller" software to meet NERC CIP requirements for auditing. It also meets the Federal Information Protection Standards (FIPS) for encryption.
Activu uses 256-AES encryption for our network transport, 192-bit triple DES encryption for all communication between all Activu server components, and 160 SHA-1 hashing for all password protection and can be integrated with Active Directory. No other "video wall controller" software provides this level of security.
Activu Corporation undertakes significant efforts to continually improve our cybersecurity posture. In keeping with these efforts, we hold an ISO 27001 certification which represents a critical step in meeting international security standards and is an indicator for our clients that Activu will continue to monitor emerging security requirements at the Federal and international level and align software upgrades to maintain compliance.
An internationally accepted third-party accreditation, The ISO 27001 certification underscores Activu’s commitment to the highest information security standards and practices. It affirms that Activu holds its systems, people, and facilities to the rigorous requirements outlined in the ISO 27001 specification. Activu’s compliance with this standard satisfies the requirements of a wide range of customers using Activu's software to support critical operations at all levels of government and within a number of regulated industries and private organizations.
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QSC Q-SYS Integration
Q-SYS is an audio, video, and control platform built around a modern, standards-based IT architecture. Activu has developed a Certified Q-SYS plug-in integration that enables the user to quickly and easily control the vis|ability software platform with a fixed, seamless touch panel interface. Benefits include:
Dynamic Pick and Place Video Wall Control – Simplified video wall control that enables users to quickly change display templates and dynamically place sources on the video wall in a preconfigured template. This allows a user to quickly and easily load any source to a vis|ability Display Node with one press of a button, and to just as easily remove it. • User Configurable – Activu can configure the Q-SYS touch panel system to meet your needs.
Should your needs change over time (as they often do), the system can be modified without the delay or expense of having to use specialized programmers. The Q-SYS customizable user control interface is designed to be easily deployed and updated by users without any programming experience. These modifications include layout presets, scripting recalls, and source placement.
Optional vis|ability Components (future capability)
In addition to the above core vis|ability capabilities, our clients routinely expand the use of Activu beyond their initial requirements. For comparatively small and incremental investments, they expand the value of Activu with some of the following add-on components. Detailed descriptions of these optional functionalities listed below are provided in Appendix 5: vis|ability Information Link
Operators are challenged with separating signal from noise among the myriad of systems, data sources, and alarms in the control room. To help with this challenge, we developed Link, a component of our software that enables alerts from key applications to spawn changes to the common operating picture being displayed by Activu – on a section of the video wall, other shared displays, operator desktops, or all of these.
Web Portal
Web Portal provides simple and effective tools to securely manage the publication and management of live web shares of vis|ability Spaces to any device or user with a web browser. It enables users to share critical information with executives and managers, share live company metrics to a corporate web site, share information with external SMEs to help solve an internal problem, remotely, or simply share information needed to keep other organizations in the loop of your operations. Information can be edited and changes are delivered live to the Web Portal, even annotation. Web Portal streams are secured through randomly generated URLs and passcodes and is transmitted using https.
Web Client
Web Client is an optional vis|ability component that provides standard web-based access to the vis|ability platform, allowing users to view Sources, Spaces, load layouts and interact with Action Panels – from any web browser. Web users can browse Sources – viewing live content defined within the platform – images, media, network sources, streaming media (limited to browser compatible IP streams, VMShosted camera streams are generally not compatible), and web content. Additionally, if the user is accessing network sources from a computer with keyboard and mouse – soft KVM is possible. vis|ability Spaces are viewable live within the use of optional App Servers.
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Vis|ability Web Client users can browse and load layouts onto video walls, with full graphical preview, with a simple click.
Web client is compatible with browsers on desktops, tablets and mobile devices supporting modern browsers: Chrome, Safari, and Edge.
CameraSync
CameraSync is an optional module that provides automated synchronization of camera definitions between a host Video Management System (VMS) platform and the vis|ability system – replicating the VMS camera tree inside the vis|ability Source Hub. Synchronizes on a user configurable schedule. • Provides scheduled, automatic synchronization of camera definitions from a VMS platform to vis|ability.
• Employing more than one CameraSync module can allow synching more than one VMS platform into a single vis|ability system.
• Saves the time and effort of manually supporting two separate camera databases.
Redundancy, with Auto Failover
When the highest availability is required, Activu can provide its unique, fully redundant, auto failover solution to City of Redlands. This capability has been employed by many of our customers, who are operating in the most critical environments, from power utility applications, to transit and traffic management, to defense and public safety.
Virtualization
Were City of Redlands to want to virtualize the Activu system in keeping with IT standards that may emerge, you are investing in a solution already compatible in VM infrastructures. Other than the computer running the Activu Display Node, which is necessarily connected via video cables to the video wall, the rest of the Activu system components and modules can be installed and supported in a VM architecture. This would reduce the computer hardware footprint of the Activu system and streamline City of Redlands’s local IT support requirements.
Hardware Reliability
Activu has full control over the software suite that we have developed, but there are other parts of the solution where we don’t have as much control. With hundreds of installations in the U.S. and around the world, hardware reliability is of critical importance to Activu. We made two critical business decisions in bringing the most reliable solutions to market:
1. Commercial-off-the-Shelf (COTS) hardware: Activu pioneered the move away from specialized, proprietary AV "processors" to using standard IT servers to drive video walls. This allows us to leverage the billions of dollars in R&D of firms like Dell, the computers proposed for City of Redlands. These have the reliability, redundancy, hot-swappable hard drives and power supplies, plus manufacturer’s support service to provide the performance expected from any mission critical IT hardware.
2. LG LCD Displays: Name brand products with world class service and support. Two things to highlight for you:
• Designed for the commercial marketplace, resulting in reduced maintenance over Consumer products.
• Major brand assures mass market volume providing greater and easier availability to spares in the event they are required.
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Figure 3: Vis|Ability Generic System Diagram
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Proposed Activu Solution Design
Based upon our review of the City of Redlands requirements and our many years of experience, we are proposing a system designed to best meet your operational needs and technical requirements.
Our solution includes multiple large LCD displays in the City of Redlands Emergency Operations Center and supporting spaces. The Activu system will provide graphic output these System Displays and enhanced situational awareness and dynamic display of content to the operators during normal times, and in the event of an incident.
Activu will design, provide, install, integrate and test the proposed solution. Operator training and manuals will be provided for City of Redlands personnel. Technical Support will be provided for one (1) year.
Figure 4: Proposed Activu System Diagram-EOC Area
vis|ability Display Node provides graphic output to the system’s displays, including LCD panels, DV LED and remote mirroring for collaborating positions through feeding source information from IP and video capture Inputs.
vis|ability Desktop Client provides operators the tools to control Activu system displays as well as Source content, and to collaborate with other vis|ability users. vis|ability Capture Client provides a means of capturing the contents of a workstation – individual applications or whole screens – and distributing it across the network to any display, be it a video wall, other workstations, or mobile clients.
vis|ability System Manager manages the system configuration database, including definitions for all sources, displays, & devices, user rights & permissions, and provides authentication and roaming profiles.
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Figure 5: Proposed Activu System Diagram-Watch Commander, Briefing Room, Break Room & Report Writing Area Redlands Regular Meeting of 12-17-2024 641 of 1598
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System Displays
Display Area Display
Type
Display
Array /
Quantity
Manufacturer /
Model Additional Information
Emergency
Operations
Center
LCD 6
LG
65UR640S9UD
65-inch display
The Activu Display Node will provide an HD
(1920x1080) resolution video signal to each LCD
Watch
Commander LCD 2
OFE (Owner
Furnished
Equipment)
The Activu Display Node will provide an HD
(1920x1080) resolution video signal to each LCD
Briefing Room LCD 1
LG
75UR640S9UD
75-inch display
The Activu Display Node will provide an HD
(1920x1080) resolution video signal to each LCD
Break Room
Area LCD 2
LG
65UR640S9UD
65-inch display
The Activu Display Node will provide an HD
(1920x1080) resolution video signal to each LCD
Report Writing
Area LCD 2
LG
65UR640S9UD
65-inch display
The Activu Display Node will provide an HD
(1920x1080) resolution video signal to each LCD
The Customer must provide and install plywood reinforced backing for the display installations, where applicable.
Manufacturer’s Specifications are attached in Appendix 8 of the Proposal.
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Display Wall Controller
The proposed Activu Display Wall Controller will enable City of Redlandsto display all the requested sources on the Control Room wall, and provide the ability to easily control and flexibly change that information using our software running on operator computers.
Activu allows system sources to be displayed anywhere on the video wall, and sized to suit the operator’s viewing requirements. Many Activu customers also create multiple wall view presets, so that certain sources can easily and quickly be displayed at desired positions to suit operational needs based on scheduled activity or emergency situations, and the position of each operator and the information needed for their particular responsibility.
As a truly network based solution Activu enables content sharing from network connected sources, collaboration with authorized network connected users and display of system content on network connected displays. Our project staff has vast experience deploying Activu systems in similar control centers and will consult with City of Redlands’s IT personnel to connect the system in a manner that provides maximum flexibility and adheres to your network policies Activu Computer Description
Purpose Qty. Hardware Additional Information
System
Manager 1
Dell PowerEdge R360
Server
Manages the system configuration database,
including definitions for all sources, displays, &
devices, user rights & permissions, and provides
authentication and roaming profiles.
Display
Node 2
Dell Precision R7960
Workstation
Provides graphic output to the video wall displays.
• 1 Display Node for the EOC Displays
• 1 Display Node for the Watch Commander, Briefing
Room, Break Room Area and Report Writing Area
Displays
Please note that due to rapid product evolution in the major brand server market, models and specifications are subject to change, based on availability at the time of purchase .
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Source and Display Content Description
The sources to be displayed are as follows:
Type Description Qty Residing
Network Additional Information
Users & Other
Network-Connected
Computers
Operator
Desktops 10 Corporate
Capture Client (Desktop Client) licenses to
support 10 network-connected computers.
(In streaming mode, each source is converted to
an H.264 IP stream*, to be decoded by the
Display Node)
Digital Applications
TBD TBD Corporate
Windows applications can run natively on the
machine running the Activu Display Node
software and be viewed and controlled as a
native application.
Video Capture
OFE PC -
running Con
Fire
1 n/a Video signal (up to 1920 x 1080 resolution) will
be captured by the Display Node for display on
the System Displays that it outputs to.
Guest PC 1 n/a
OFE PCs –-
Call Log thick
clients
4 n/a Video signal will be converted to IP video
streams*, making them viewable on any Activu
display. OFE CATV
Tuners 4 n/a
Web Pages
TBD TBD
Web sources can be viewed and controlled
directly on the Activu Display Node. Alternatively,
they may be run on dedicated PCs that connect
to the Activu system over a network via the
Capture Client or video capture.
IP Cameras
IP Camera TBD Corporate The proposed solution can support display of H.264 IP Video streams*.
*Note: Sources that connect to the Activu system as IP streams include Network Sources (via Capture Client in streaming mode only), h.264 Video Streams from encoded TV Tuner and PC sources end h.264 IP video cameras. These source streams will all be decoded directly in the Activu Display Nodes.
Up to a total of twenty-four (24) of any combination of these IP streams, at 1920 x 1080 resolution @ 30 frames per second, can be decoded on each Display Node and displayed on the displays that it outputs to.
(Actual quantities displayed may vary depending on actual resolution and frame rate of each source.
Performance assumes a ‘multi-cast’ network and is dependent on network conditions) As is the case with many of our customers who are modernizing their control room display systems, new applications and systems are being brought on-line and new operational methods developed at the same time. The flexibility and capabilities of the Activu system offers City of Redlands options that will support initial implementation of critical practices both on day one and in the weeks, months and years ahead as your information needs change.
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System Control – vis|ability Desktop Client software
Authorized Users control the Activu system through vis|ability Desktop Client control software running on their local PC.
Vis|ability Desktop Client is a client application for Windows-based systems, which is typically installed on (OFE) operator workstations. Its primary function is to allow Authorized Users to add and dynamically manage content across vis|ability-empowered display wall and/or LCD panels and collaborate directly with other vis|ability users. The vis|ability hub enables Authorized Users to control assignment of a selected input source(s) and associated sizing and location for viewing.
In operating environments where multiple users will control and use the Display System, the vis|ability Desktop Client provides the customer with the ability to customize the way in which individual users or user groups use the system, per their operator login. Access to system interfaces, sources and Display Nodes, is entirely defined by profile. User profiles are created and centrally managed by administrators.
Depending on user needs and requirements, custom interfaces can be designed and distributed on the-fly to multiple users on the network.
The system has the capability of storing and recalling individual presets, as well as responding to certain external alerts, the scripting of routines and sequences, and creating scheduled events with the Activu application.
Licenses
Provided
Users and
Administrators Qty Residing Network Additional Information vis|ability
Desktop
Client
TBD 10 Corporate
Provides the ability to manage information on a
video wall, share information directly from a
user’s desktop and to share content and
collaborate with any user logged into the
vis|ability platform.
Client licenses are connected to named users
• Additionally, for administrative or maintenance purposes, a hardwired, rack mounted 17” LCD display with integrated keyboard and mouse on a KVM Extender will be provided for the operation of the system at the equipment rack location.
System Control – Touch Panel Simplified Control
Activu will provide, install and program three (3) Q-SYS TSC-70-G3 touch panel control systems; one (1) each in the Briefing Room, Watch Commander and Break Room Area. Each 7-inch touch panel enables users to select video wall system presets, pick-and-place sources on pre-determined “templates” and control the audio system. It utilizes the TCP/IP capabilities of the QSC processor to control the vis|ability software. Activu installation includes programming of up to six (6) video wall presets.
The Q-SYS Core 110f processor (See Audio section below) is an audio, video and control processing system which provides all central audio processing and for control processing for the provided QSC touch panel controller.
Cabling
Activu will provide and install video signal cables from Activu Display Nodes to the System Displays, as well as other signal and communication cables between Activu provided components.
Note: The Customer will need to provide additional power for receivers at appropriate locations, to be verified by Activu
Figure 6: Q-SYS Sample Activu
Preset Page on Touch-Panel
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Audio
The Audio Playback System proposed provides amplification and distribution to eight (8) ceiling mounted speakers in various rooms, as described in the table below.
Sources for the Audio system include four (4) OFE CATV tuners and one (1) Guest PC (hardwired connection).
Purpose Qty. Hardware Additional Information
Processor 1 Q-SYS Core 110f
Audio, video and control processing system. 24
local in/out , 128 x 128 network in/out
channels
Audio
Amplifier 1 Q-SYS MP-A40V 800-Watt, 4-channel amplifier Speakers 8 Q-SYS AC-C6T
6.5” two-way ceiling mount speakers
• 2 in the Briefing Room
• 2 in the Watch Commander
• 2 in the Break Room
• 4 in the EOC
• 1 in the Report Writing area
Equipment Racks
The Activu supplied computers, and all additional system equipment, except for display components and OFE workstations, will be mounted in one (1) standard 19” electronic equipment rack.
Activu understands that a Customer provided (building wide) UPS will provide power backup for the equipment mounted in the Activu Equipment Rack
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Appendices
Appendix # Appendix Name
1 Project Implementation
2 Pricing
3 Terms and Conditions
4 Warranty and Support
5 Vis|ability Information
6 Training & Manuals
7 Manufacturers’ Equipment Specifications
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Appendix 1: Project Implementation
Process
Activu follows a proven implementation process. When selected to manage a video wall project, Activu assigns a Project Manager (PM) as the primary point-of-contact for all aspects of the project.
While each project is unique, the information in this section provides an overview of our standard methodology.
PHASE I
Planning, finalizing and ordering
• Project Manager (PM) creates project plan and schedule. In parallel, our System Design Engineer finalizes system design and completes a working set of drawings (including mechanical, structural and electrical requirements).
• Project coordinator reviews the Bill of Materials, begins ordering all hardware components of the video wall, except equipment designated as Owner Furnished Equipment (“OFE”).
PHASE II
Building
• Project team receives equipment, begins assembling, building and testing racks, computers and other components. Install all interconnect wiring, cables and connectors provided. • Evaluate OFE for performance and operational integrity. Inform Customer of any OFE not meeting or performing to specifications and recommend modification or replacement.
Load & Test Software
• Software installation specialist loads and tests software and configures the system to project requirements.
PHASE III
System assembly and factory testing
• Assembly and testing of hardware and software at Activu’s facility prior to installation at customer site. Upon approval by Activu’s internal Quality Control team, the Customer will be notified for scheduling of Factory Acceptance Test (“FAT”). During this phase, Activu will integrate hardware and software components, make any necessary adjustments, and take corrective action as required to bring the supplied System into compliance with agreed upon Phase I
• Create Project Plan
and Project
Schedule
• Finalize and
Submit design
drawings and BoM
• Commence
Hardware
Procurement
Planning, Finalizing,
Ordering
Phase II
• Stage, Inventory
hardware, cabling
at Activu facility
• Order missing,
replacement parts
• Load, configure
and test software
Building,
Load & Test
Software
Phase III
• Assemble system to
replicate client
environment
• Test system
functionality,
troubleshoot
• Conduct Factory
Acceptance Test
for client
System Assembly &
Testing
Phase IV
• Port Integrate
system to client
facility
• Fine tune display
hardware, install
GUI on desktop
• Perform System
Acceptance Test
and GO LIVE
Installation &
Integration at Client
Site
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specifications and to the satisfaction of Activu’s Quality Control assurances, within the limitations of all OFE sources provided and available at that time. If not available, Activu will provide test material, simulating OFE as best as possible for this purpose. • At the Activu facility, we perform a detailed Factory Acceptance Test with the Customer in attendance. Signed copies of FAT results issued to Customer for review. • After optional Customer sign off, the system is packed and shipped to the Customer installation site.
PHASE IV
Initial Installation
• The project team reassembles and integrates the final working configuration (including displays, equipment racks, processing equipment, final terminations, and configuration of the displays). Activu then verifies functionality at the same level as the FAT by displaying images on the System Displays as a standalone system (not dependent on Customer provided sources or infrastructure (network, etc.).
Integration
• A System Integration Specialist installs and configures Activu elements on each of the workstations used to control the display, and integrates the Activu System Manager Server and Activu Display Node into Customer’s existing network. • Activu performs System Acceptance Test (SAT) and declares system fully operational. We then train users and administrators, receive Customer’s acceptance and turn operations over to the Customer Control Center team.
• Activu gives the Customer copies of block diagrams, equipment rack elevations, system cable schedules, system hardware and software manuals, warranties, etc.
Project Duration
A typical project schedule covers approximately 16 to 18 weeks, though the actual length of time of course, is dependent on the project size and complexity Each project is unique, and the information described above outlines the typical activities involved in executing a Display Wall project. Please note that due to current global supply chain problems, we are experiencing delays from suppliers that are outside of our control. We are in continual discussion with these suppliers to improve the situation.
Documentation
Activu will provide the following documentation:
• Hardware system block diagrams
• Equipment rack elevations
• System cable schedules for equipment racks and video walls • Hardcopy and softcopy of Activu Software manuals (see Appendix 6: Training & Manuals on page 35).
• Information about the equipment, displays, equipment racks and such for the assistance in designing the mechanical, electrical, grounding, HVAC and architectural infrastructure for the System.
• Manufacturer’s warranties, guarantees, and directions on use and maintenance of equipment
Upon completion of the installations and acceptance testing and proof of performance, Activu will turn over a final documentation package.
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Appendix 2: Pricing
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Appendix 3: Terms & Conditions
Payment Terms
Payment terms are per the accompanying Price proposal, submitted along with this proposal and are as follows:
Payment 1 : Hardware and Software - Invoiced upon delivery of properly provisioned equipment to the customer site.
Payment 2 : Labor and Support Services - Invoiced upon completion of installation and training, as validated by signed Customer Acceptance.
Price Quotes are valid for 45 days
All quotes are in USD unless specifically stated otherwise on the Schedule of Values (Price Quote) Payment is due Net 30 days from invoice
All materials and work to be performed shall be subject to mutually agreeable terms and conditions All hardware is FOB destination
Activu software license purchases are one-time charges (no annual renewal required) Our pricing proposal is based on a firm-fixed price. Any changes requested may affect the price.
Implementation Services pricing are based on shift 1 work hours (7-6pm) Stated payment terms are part of the proposal; Activu reserves the right to modify payment terms in the event that it is determined such revision is appropriate due to creditworthiness of customer.
Delays in the installation schedule due to reasons outside of Activu’s responsibility, such as customer-initiated delays, site conditions (network, power or facility readiness, unforeseen mission orientated circumstances, unavailable facility escorts), construction or other contractor activity, may require Activu to provide additional labor and to adjust the installation schedule accordingly. Additional labor, travel expenses and / or shipping and handling charges may apply.
Activu reserves the right to revoke or deactivate the software license if payment for the proposed system is late beyond 6 months from the delivery of license device (Dongle)
Activu will confirm with the Customer that the system is ready for the SAT, per the date indicated in the Activu project schedule. If the SAT or any portion of the work proposed is delayed by the Customer by more than 30 days beyond the originally scheduled date, and this is preventing project closeout and final payment, project closeout will proceed and Activu will invoice for the final payment. The outstanding portion of the work that was delayed by the Customer will then be completed as a punch list item at the earliest opportunity for the Customer and Activu.
The proposed price does not include any state and local sales taxes that may apply. This pricing policy is applicable to any sales to resellers, end users and any and all other customers:
Should a sale be deemed to be taxable, the appropriate sales tax will be billed separately and will be in addition to the amount proposed here. Further, sales tax will be charged in all cases where proper documentation of exemption from sales tax is not provided. Additionally, sales tax will not be charged to any customer domiciled in any state where Activu is not licensed to collect sales tax. In this instance the customer or re-seller will be responsible for remittance of its own applicable use tax.
The proposed pricing does not include any type of Bond; however, upon request Bonding can be added to the proposal at an additional charge.
The work associated with this proposal may be terminated, without penalty or further liability except as provided herein, by either party upon 30 days prior written notice to the other party. Such notice shall specify the reason for said termination. Activu Corporation is entitled to payment of the services performed up to the termination date and any hardware procured on behalf of the Customer, associated cancellation and carrying charges Activu will follow all customer protocols regarding (COVID-19) virus transmission.
Activu agrees, to the extent applicable, to comply with Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, as amended, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, and the implementing regulations for each found at 41 CFR Part 60. Activu incorporates into this Agreement, as applicable, the Equal Opportunity clauses found at 41 CFR § 60-1.4(a), 60-741.5(a), and 60-300.5(a), and will likewise incorporate the clauses into all applicable subcontracts as required by 41 CFR § 60-1.4(d).
In the event of a price increase by our suppliers due to tariffs, the difference will be added to the project price without any markup. It will be a direct pass through to our customers.
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Software End User License Agreement
All software and firmware is subject to license and is not sold. Activu software is licensed directly or through a third party to the End User.
Use of all Activu software is subject to your agreement with the terms and conditions of Activu’s end user license agreement (EULA). This agreement is accessible through the Activu software System Information screen and at http://www.activu.com/eula.
By installing, copying, or using the Software you are demonstrating your agreement to be bound by the terms of the EULA. If you do not agree to all of such terms, you are not authorized to install, copy or use such software in any respect.
The Customer shall have a perpetual, royalty-free site license to use all software delivered to Customer under this Agreement. The license includes the right to use Activu's software for the purpose of testing, back-up, disaster recovery, or archive.
Change Orders
All changes to the proposed scope of work must be conducted through a written and signed Change Order. In some cases, a separate purchase order may be required.
Key Project Assumptions
The purpose of this section is to clarify with you in writing, our expectations based on forty years of experience managing video wall implementation projects. Some of these may or may not be relevant to your project, as it is a comprehensive list based on that full experience, but it is important that we properly set expectations for this project and the relationship we hope to form with you over time. After reviewing it, we ask that you would notify us if any of these are not agreed to by you. If we are not notified, additional and unexpected work, equipment, or both could arise resulting in unplanned costs to you
1) Special
a. Activu warranty and support services cover only new equipment proposed here. It does not cover preexisting equipment (e.g. existing displays and other OFE equipment) or equipment provided by others. b. Due to current global supply chain problems, we are experiencing delays due to circumstances outside of our control and will not be held responsible for these delays. 2) General
a. Any and all equipment or services required by the customer that are not described within this proposal will be supplied by others.
b. The proposed system provides the functionality described in this proposal. Functionality that is not expressly mentioned in this proposal cannot be presumed. Please contact Activu Corporation with any questions about specific functionality of the proposed system. c. The proposed work for the Customer is tax exempt and the Customer will provide a certificate accordingly.
d. There is no requirement to utilize Union or other third-party labor to perform the work proposed for this project.
e. Where actual calendar dates may be proposed as part of a proposed project schedule, any delay in the project start (typically PO date) will result in delay to the project completion date. 3) Site Conditions
a. The Customer will provide a clean, safe working environment, including the conditions and floor space necessary for this project, as identified by the Activu Project Manager b. Activu is not responsible for any modifications to the building whatsoever, including but not limited to floor tiles, wall openings, etc. unless proposed by Activu and agreed to by Customer in this Proposal. c. The Customer will identify floor locations for all components, connections and equipment. d. The Customer will provide furniture / cabinets / wall cutouts / supports, if required. e. The Customer will provide for any unique site-specific requirements (i.e., cabling requirements, telecommunications connections, router connectivity etc.).
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f. Access to the site and rooms will be granted during normal business hours or otherwise agreed to times.
g. For installations of a video wall array with base structures, the finishing of the front of the base structure and any other space in front of or around the video wall is the responsibility of others, unless proposed by Activu and agreed to by Customer in this Proposal. h. For installation of wall mounted video wall displays, the Customer must provide and install plywood reinforced backing for the video wall installation, unless proposed by Activu and agreed to by Customer in this Proposal.
i. After installation by Others, clear access to the OFE LCDs will be available, for the purposes of connecting Activu system cables, etc.
j. The Customer or others will provide UPS backup for the computers and other equipment provided and installed in the Activu equipment rack.
k. The Customer is responsible for providing an environment for the Activu supplied equipment that meets the operating requirements for the equipment, as stated by the original manufacturer’s specifications, including Electrical Power, Ambient Temperature, Ambient Relative Humidity, airflow, and dust, etc. Conditions outside of these parameters can damage the provided equipment. 4) Integration and Other / Owner Furnished Equipment:
a. Any third-party or customer-supplied equipment not supplied by Activu that will interface with the Activu system must be supplied to Activu for integration and testing prior to the Activu Factory Acceptance Test (FAT), unless otherwise specified and agreed to in writing. Activu does not guarantee successful integration with third party equipment or systems that have not been tested and approved in advance. Any additional work required to integrate untested equipment into the Activu system is outside the scope of this project.
b. All source signals from any customer or third party supplied video (HDMI, Display Port, DVI, RGB, etc.) and audio sources will be brought, via appropriate customer supplied, installed and terminated cables, to the location of the Activu equipment rack. All source signals must conform to the appropriate signal standards and parameters (e.g., VESA for computer graphics sources; SMPTE for analog video sources) at the point of connection to the Activu rack.
c. Activu integration with customer-owned third-party software platforms may not preclude the need for the customer to purchase additional licenses allowing Activu access to network cameras, VMS servers, Web portals, network video recorders, and potentially other system elements. It is the responsibility of the customer to ensure that all licenses for their systems are sufficient to support the proposed Activu installation.
d. IP Video Sources
1. Activu provides wide compatibility with streaming video sources by utilizing a combination of our own, internally developed, streaming video viewer, and/or VLC or Windows Media Player, where appropriate. Incompatible sources that are introduced to the system, although unlikely to, could require additional development of a new vis|ability viewer or vendor specific viewer not included in this proposal.
2. In the case of IP Video streams [such as camera sources], the streaming content is provided by a third party (i.e., the manufacturer of the encoders, DVR, cameras, camera management system, transported by the customer network infrastructure), each element will have a direct impact on the quantity and quality of streams displayed.
3. The quantity of streams listed is estimated, based on controlled testing that may or may not reflect each Customer’s conditions. Many conditions, including the window size, image resolution and encoding format of video streams can affect the actual number and performance of streams displayed. Tests based on H.264 streams; additional video steam types such as MPEG-2, MPEG-4 are supported, but reduced quantities of streams can be decoded.,
e. For Web Applications Sources:
1. Testing the impact on system performance of the listed URLs running was not possible prior to this proposal. If system performance is not adequate due to excessive processing Redlands Regular Meeting of 12-17-2024 653 of 1598
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requirements of the web application on the Activu Display Node, it may be necessary to offload some applications to additional PCs connected via the Activu Capture Client
2. Automated log-in to the various web applications is not a requirement of this scope of work. Completion of any automation programming, therefore, cannot be a valid reason for delaying system acceptance. Following further assessment of any automation requirements, Activu can provide a quote for programing services if this becomes necessary or desired. In that case, Activu will assist the Customer with this programming, but does not guarantee results.
f. Vis|ability desktop collaboration capabilities require graphics and processor resources to effectively operate. Computers that are provisioned such that there is minimal processing and graphics headroom when operating without Activu software may experience performance impact when using desktop collaboration capabilities. Sharing multiple screens, high resolution desktops, or desktops that are displaying multiple high-resolution video streams will likely experience performance impact during direct desktop sharing via desktop collaboration capabilities. g. The Customer is solely responsible for service restrictions and/or charges associated with local cable TV, satellite, internet or other similar service providers. h. Third party vendors working with the Customer must provide all software (i.e., SDK), hardware (i.e., routers, switchers etc.) and technical support in order to integrate their products into the Activu system for display on the Activu display wall. Any additional costs to achieve this goal will be the responsibility of the Customer and will result in a change order to this original order. i. All existing owner or other furnished hardware that will be utilized as part of the project or integrated with the Activu system, must be available at the time of system installation, and in good working order.
Any such equipment that is found not to be in good working order must be repaired or replaced (at the expense of the owner or others) in order for the proposed system to function as described. Any impact on schedule and / or work required as a result of equipment unavailability may result in additional charges to the purchaser.
j. Activu is not responsible for supporting, maintaining or ensuring the functionality of any owner furnished equipment.
k. Access to all network and source applications must be available and functioning properly before installation.
l. The Customer’s IT network must be configured and maintained to support bandwidth requirements and quality of service to video distribution. Minimum 1Gb network recommended m. Activu Corp reserves the right to charge the Customer for additional services and expenses required to address issues related to Operating Systems or applications that are not supported by the original software manufacturer (for example Microsoft no longer supports Windows XP or NT). n. All required content that is available via the Customer’s network will be available via the same Customer’s network that the Activu system is connected to. Any required bridging or other method to make content available on the proper network is the responsibility of the Customer. o. Whenever future major upgrades are undertaken by Customer to software running on the Activu system, Activu will be consulted to validate proper operation of the Activu system. 5) Activu Supplied Software and Hardware
a. If the actual cable length required between the Activu equipment rack and the displays (LCDs, etc.) is not identified to Activu by the Customer prior to issuing this proposal, a cable length of 150 feet will be presumed for quotation. If additional cable length is required, additional charges will apply. b. All hardware is COTS (commercial off the shelf) and generally major brand. Future upgrades to the system, e.g., to new operating system (OS) or Activu versions, may be limited by the availability of compatible manufacturer supplied firmware or software.
c. It is understood that Activu Corp owns and retains all rights to its’ developed software. This includes any customizations performed for the Customer.
d. The Activu system is purpose-designed and configured to provide functionality and control of the visualization system. The Customer will notify Activu of any additional application that is intended to run directly on any Activu supplied server or workstation. Additional Customer supplied software applications may be successfully loaded and run on the Activu supplied computers; however, some Redlands Regular Meeting of 12-17-2024 654 of 1598
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applications such as network monitoring, remote access, or anti-virus (and others) may be incompatible with the Activu software and should not be loaded on the Activu supplied computers without prior consultation with Activu.
6) Personnel
The successful completion of the proposal effort depends on the full commitment and participation of the Customer’s personnel. The responsibilities listed in this section are to be provided at no charge to Activu. a. The Customer will make available to Activu the appropriate personnel necessary for the completion of the system during the installation period. This will be discussed prior to system installation. b. Prior to commencement of services, the Customer will designate a Customer Project Manager, to whom all Activu communications may be addressed and who has the authority to act for the Customer in all aspects of these services. The Customer Project Manager will have the authority to make decisions, authorize modification using a Change Authorization, and will be the primary focal point for communications with the Activu Project Manager.
c. The Customer will perform the role of System Administrator for this solution/system. 7) Installation
The Customer shall provide and assume responsibility and pay all costs, expenses and fees as incurred for the following:
a. Any and all infrastructure reasonably required for the installation of the data/video wall and the associated equipment as specified by Activu, including, but not limited to:
1. Conduits, cable pathways, through-floor wire chases
2. Interior space design, particularly taking into account weight loads
3. Power mains and electrical distribution with appropriate isolation, conditioning and filtering
4. HVAC design, installation and balancing at the site, and any and all necessary regulatory requirements and approvals by governing agencies.
5. Appropriate lighting
6. Appropriately re-enforced walls or ceilings to support the installation of any wall or ceiling mounted equipment
b. Provided shift requirements or time of day when Activu personnel can perform the installation. c. A staging area for the equipment prior to the installation. d. Badge access and/or escorts for Activu individuals.
e. Confirm that safety, security, and procedural requirements are followed during installation. f. Any additional communication links required.
g. Internet Protocol (IP) addresses, and access to a network administrator during a pre-determined period of the installation.
h. Provide Activu with architectural and engineering documentation necessary for planning and execution of the System, as available.
i. Assume liability of all equipment and materials upon receipt at Job Site, unless received directly by Activu’s personnel.
j. Access to freight elevators and loading docks, if applicable, during extended working hours, if required. k. Arrange for access to the facility during non-business hours at various phases of the on-site installation period to insure timely completion. Such arrangements to be coordinated with the Activu staff on site at that time.
l. Coordinate the necessary time schedule with Activu to accommodate a nine-hour workday for Activu technicians prior to installation commencement.
m. All cable trays, lighting, HVAC and electrical work will be complete, and all floor and wall coverings and finishes shall be complete or if not shall not impede Activu’s ability to install its system in a timely manner.
n. Any union trades or other mandated or required third party labor.
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o. System installation site shall be free of any encumbrances such as other Trades and construction materials during System installation, to enable efficient and timely installation. It is understood that any such encumbrances may impact on the installation schedule and budget resulting in changes to same, and that Owner shall be responsible for any costs, expenses and fees involved with such changes.
p. Obtain and secure the services of any trade or professional experts, including, but not limited to, architects and consulting and professional engineers, necessary to ensure that the structural design takes into consideration any environmental conditions such as ambient lighting, reflections, heat loads, electrical requirements, seismic considerations etc.
q. Provide any and all completed assemblies, racks, enclosures, infrastructure, data and audio/video signal feeds etc., necessary for system integration that are not included into the Activu supplied equipment rack, however noted in the specification.
8) Security
a. The Customer will be responsible for the establishment of the procedures to provide physical site security for the hardware and software systems and their elements. b. It will also be the Customer’s responsibility to implement any procedure necessary to safeguard the integrity and security of software and data used in this project from access by unauthorized persons.
The content of any data file, the selection and implementation of controls on its access and use, and the security of stored data are the responsibility of the Customer. 9) Laws, Regulations, and Statutes
The Customer is responsible for the identification and interpretation of any applicable laws, regulations, and statutes that affect the Customer application systems and programs. It is the responsibility of the Customer to ensure that the systems and programs meet the requirements of those laws. 10) Asbestos, Hazardous Waste, and Pollutants
The detection or removal of asbestos, lead paint, hazardous waste, or other pollutants is not included in this Proposal.
The Customer represents, and Activu relies upon this representation, that a diligent and thorough program of investigation, detection, and abatement or removal of asbestos, hazardous waste, or other pollutants has been completed with regard to the site and all structures thereon, and that the same are “clean” and in compliance with all applicable standards.
If asbestos, hazardous waste, or other pollutants are uncovered during the course of Work, then the Customer will be responsible for such asbestos, hazardous waste, or other pollutants. The Customer will be responsible for any testing and for corresponding with appropriate government authorities. 11) Other
The Customer shall provide to Activu all applicable payment for use of space, utilities and facilities at Activu Corporation from completion of the FAT and delivery to the Job Site if that time period exceeds the schedule agreed by both Activu and Customer, due to Customer constraints.
The Customer shall not be responsible for expenses directly incurred by Activu due to its own errors and omissions.
Support Plan Terms & Conditions
1) Term of Contract.
Maintenance coverage items and period are described in Support SOV. 2) Maintenance & Service Limitations.
Maintenance and service requests due to causes other than normal wear and tear, macro scripting of programs, training or system enhancements will be billed at Activu’s standard published rates then in effect.
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normal wear and tear. In such cases, Activu reserves the right to repair or replace such equipment, components or subassemblies and bill the Customer accordingly.
Examples of causes other than normal wear and tear are:
a. Unauthorized attempts by other than Activu personnel to repair, maintain or modify components or sealed units,
b. Fault or negligence of the Customer,
c. Neglect, improper use or misuse of equipment,
d. Modifications not executed or authorized by Activu,
e. Causes deemed to be from equipment not covered by this agreement, or f. Causes external to the equipment such as, but not limited to, acts of God, catastrophic events or humidity, temperature or electric fluctuations.
3) Responsibilities of Customer.
The Customer shall provide and assign a designated person who shall act on behalf of the Customer as the System Operator (“SysOp”). This person shall be the responsible for the day-to-day operation and basic maintenance of the System and shall be the Primary contact between Customer and Activu regarding matters of maintenance and repair. Said SysOp or Customer Media Engineering Personnel shall have authority to request on site service calls. For billable requests or services, only Customer Media Engineering Personnel have the authority to issue Purchase Orders back by the full faith and guaranty of the Customer. a. The Customer shall ensure that its personnel are adequately trained by Activu in the use of isolation and diagnostic programs and procedures.
b. The Customer will use isolation programs and processes to isolate failure to the system. c. Throughout the term of this Agreement, Customer shall control site environmental conditions.
Temperature, humidity and electricity should be monitored and controlled as specified in the applicable product specification.
d. The Customer agrees not to open, or allow others to open, sealed components whether for the purpose of repair or otherwise. Customer also agrees not to tamper with the systems in any way.
e. Subject to Customer security policies, the Customer shall provide Activu customer support representatives with full and free access to perform the services specified by this Agreement including unlimited access to the facility during non-working business hours, if required. f. The Customer shall provide Activu with the names of the Primary Contacts. 4) Charges.
The charge for this Maintenance Agreement is listed in SOV. Activu shall have the right to charge for additional hours resulting from Activu’s technicians not being able to perform their work on site in an efficient manner due to encumbrance beyond control of Activu or Activu’s technicians. Such charges will be in accordance with the Activu standard published rates then in effect. a. The maintenance charge under this Agreement will be billed annually, in advance. b. Charges for maintenance service resulting from Customer requests for reasons other than normal wear and tear, macro scripting of programs, training or system enhancements will be billed after completion of the service.
c. Payment of all charges is due net 30 and payable upon receipt of invoice. Activu shall have no obligation to provide maintenance services if payment of any maintenance charge is past due by more than ten (10) days.
d. Activu will provide a 30-day advance notice to the Customer of the expiration and renewal of this Agreement.
e. System enhancements to be included under this agreement such as equipment and/or software added during the term of this agreement or renewal term will be billed to the Customer on a pro-rata basis.
f. In addition to the charges due under this Agreement, the Customer agrees to pay or reimburse Activu for any sales, use or like taxes or charges resulting from this Agreement.
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