Redlands City Council
December 17, 2024

CITY OF REDLANDS

CITY COUNCIL

A G E N D A
DECEMBER 17, 2024

EDDIE TEJEDA
Mayor
PAUL T. BARICH
Mayor Pro Tempore

DENISE DAVIS
Council Member
JENNA

GUZMAN-LOWERY
Council Member

MARIO SAUCEDO
Council Member
***

JEANNE DONALDSON
City Clerk

PHILLIP DOOLITTLE
City Treasurer
CHARLES M. DUGGAN JR.

City Manager
YVETTE M. ABICH GARCIA
City Attorney
5:00 p.m. Open Public Meeting, Public Comment (Closed Session) 6:00 p.m. Open Session (Public Meeting)
* * *
City Council Chambers
Civic Center, 35 Cajon Street, Redlands, California
Recycled Paper
Redlands Regular Meeting of 12-17-2024 1 of 1598

A G E N D A
The following information comprises the agenda for the regular meeting of the City Council of the City of Redlands at the times noted below in the City Council Chambers, Civic Center, 35 Cajon Street, Redlands, California, on:

TUESDAY, DECEMBER 17, 2024
To join via Zoom on a computer, laptop, or smart device Please visit www.zoom.us, click on Join a Meeting
Enter the Meeting ID 896 2789 8341, then run the Zoom launcher To join via Zoom with audio only (cell phone or landline):

Dial 1-877-853-5247
Enter the Meeting ID 896 2789 8341
Should the City lose connectivity on Zoom, we will halt the meeting until it can be restored. To check on the status of remote connectivity in the event of an outage, go to the City’s website at www.cityofredlands.org or to the City’s Facebook page at @CityofRedlands or the Instagram page at @CityofRedlands_CityHall.

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

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

To provide comment while participating from Council Chambers:

Although it is not required, speakers are encouraged to submit a "Speaker Sign Up Sheet" before the meeting is convened. Forms are available in the Office of the City Clerk or in Council Chambers.

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

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

Click the "Raise Hand" button and the moderator will unmute you when it is your turn to speak To provide comment via audio only (cell phone or landline):

Dial *9 to "Raise Hand". The moderator will identify you by your area code and last 3 numbers of your telephone number when it is your turn to speak.

PLEASE SILENCE CELL PHONES, PAGERS AND OTHER ELECTRONIC

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

A. Call City Council Meeting to Order.

B. Public Comment
(Any person wishing to provide public comment on a closed session matter may do so at this time.)
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Redlands Regular Meeting of 12-17-2024 2 of 1598
C. Recess City Council Meeting to a Closed Session

1. Conference with legal counsel - Anticipated litigation pursuant to Government Code Sections 54956.9(d)(2) and (e)(3):

A point has been reached where, in the opinion of the legislative body of the local agency, and on the advice of its legal counsel based on existing facts and circumstances, there is a significant exposure to litigation against the local agency, based on the  local agency’s receipt of communication dated November 25, 2024, from Jonathan Shardlow, legal counsel for Prologis, Inc. to City Attorney Yvette Abich Garcia threatening litigation (copy available for public inspection in City Clerk’s Office)

2. Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1)(City Attorney Garcia)
One Case:
a. Miller & Associates, LLC v. City of Redlands, San Bernardino Superior Court, Case No.

CIVSB2203755

3. Conference with real property negotiators - Government Code §54956.8 (Assistant City Manager Boatman)
Property: APN: 0171-191-30-0000
Agency
Negotiators:

Charles M. Duggan, City Manager; Christopher Boatman,
Assistant City Manager
Negotiating Party: Steve Stockton, President, Redlands Historical Museum Association
Under
Negotiation:

Terms of possible lease with City.
6:00 P.M.

D. Reconvene City Council Meeting
E. Invocation by Mayor Pro Tem Barich
Pledge of Allegiance by the Student Council of Smiley Elementary School (In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief invocation. Such invocations are not intended to proselytize or advance any one, or to disparage any other, faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.) F. Closed Session Report
(No reportable action taken in closed session unless otherwise announced by the City Attorney at this time.)
G. Presentations

1. Performance by Barry Johansson (Mayor Tejeda)
H. Certification of Election - Oaths of Office - Reorganization of the City Council

1. Consideration of Resolution No. 8638 of the City Council of the City of Redlands reciting the facts Recycled Paper
Redlands Regular Meeting of 12-17-2024 3 of 1598

1. Consideration of Resolution No. 8638 of the City Council of the City of Redlands reciting the facts of the General Municipal Election held on Tuesday, November 5, 2024, declaring the results and such other matters as provided by law (City Clerk Donaldson)

2. Presentation of certificates of election - Administration of oaths of office a. Newly re-elected City Clerk (Mayor Tejeda)
b. Newly elected City Treasurer (City Clerk Donaldson)
c. Newly re-elected Council Member District 2 (City Clerk Donaldson) d. Newly elected Council Member District 4 (City Clerk Donaldson

3. Discussion and possible action relating to Resolution No. 8508 establishing the process for the selection of the Mayor and Mayor Pro Tempore and their respective terms of office and repealing Resolution No. 8414 (Mayor Tejeda)

4. Selection of Mayor and Mayor Pro Tempore (City Clerk Donaldson)

5. Comments from Mayor, Mayor Pro Tempore, and newly elected and re-elected City Council Members, City Clerk, and City Treasurer

6. Brief Recess
I. Reconvene City Council Meeting
J. Public Comment - City Council
(At this time, the City Council will provide an opportunity for the public to address them on any subject, within the jurisdiction of the City Council, which is not already scheduled on this agenda. However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.) K. Consent Calendar
(The following routine items have been recommended for approval and will be acted upon simultaneously unless separate discussion and/or action is requested by a Councilmember or a member of the audience.)

1. Approve the regular meeting minutes December 3, 2024 (City Clerk Donaldson)

2. Approve recommendations for the reappointment of Margo Mullen and Edie Punt to serve on the Cultural Arts Commission (Mayor Tejeda)

3. Approve recommendations for the reappointment of Andrew Hoder, and the appointments of Patrick Taylor and Donivan Fox to the Traffic and Parking Commission (Mayor Tejeda and Council Member Saucedo)

4. Approve recommendation for reappointment of William Hardy, Jr. to the Library Board of Trustees (Council Member Davis)

5. Approve the acceptance of a grant award from the County of San Bernardino Office of Homeless Services in the amount of $300,000 from Homeless, Housing, Assistance, and Prevention 4 (HHAP-4) grant for case management at the Project Home Key site; approve the Homeless Resource Services Agreement with Step Up on Second Street, Inc. for case management services at Project Home Key in an amount not-to-exceed $300,000; approve the associated additional appropriation in the amount of $300,000; and determine that the services provided are 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) Recycled Paper
Redlands Regular Meeting of 12-17-2024 4 of 1598

6. Approve the First Amendment to the sole source Professional Services Agreement with Dyett & Bhatia, Urban and Regional Planners, to include an additional Scope of Services, an increase to the Agreement by $21,600 from $129,800 to a total aggregate amount not-to-exceed $151,400, to extend the agreement term to December 31, 2025, and determine that the proposed action is categorically exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Development Services Director Desatnik)

7. Approve the Professional Services Agreement with EnviroMINE, Inc., to perform annual site inspections and related services associated with the Surface Mining and Reclamation Act of 1975 Compliance, for an aggregate amount not to exceed $122,500 over a five-year period (Development Services Director Desatnik)

8. Adopt Resolution No. 8646  Designating the City's Authorized Agents for cost recovery purposes for the California Governor's Office of Emergency Management (CalOES) and the Federal Emergency Management Agency (FEMA) (Fire Chief Sessler)

9. Approve the purchase of a mobile office from Mobile Modular for the California Street Landfill at a cost of $117,550.24 (Facilities and Community Services Director Crocker)

10. Approve the Professional Services Agreement with Higginson Architects Inc. for general architecture design services for an amount not to exceed $100,000, and determine that approval of the agreement is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines (Facilities and Community Services Director Crocker)

11. Approve a $30,000 contribution for the 2025 Fourth of July Celebration to the Redlands 4th of July Committee and determine that the financial support serves a public benefit and approve the additional appropriation in the amount of $30,000 (Facilities and Community Services Department Director Crocker)

12. Adopt Salary Resolution No. 8650 establishing a Salary Schedule and Compensation Plan for City Employees and rescinding Resolution No. 8624 (Human Relations and Risk Management Director Meteau)

13. Approve the invoice payment to Systems & Software, Inc. for support of the enQuesta Utility Database for Customer Management in an amount of $203,771 for annual software maintenance and support (Management Services/Finance Director Garcia)

14. Approve the $75,000 JCI Jones Chemical, Inc. purchase order modification and determine this action is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

15. Adopt Resolution No. 8644 establishing a contractor list pursuant to the Uniform Public Construction Cost Accounting Act, and determine that approval of the Resolution is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

16. Approve the Third Amendment to the Professional Services Agreement with CASC Engineering and Consulting, Inc. for the California Street and Redlands Boulevard Intersection Widening Project to extend the time for completion to December 31, 2025, 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 (Municipal Utilities and Engineering Director Harris)
Recycled Paper
Redlands Regular Meeting of 12-17-2024 5 of 1598

17. Approve purchase of four (4) chemical fume hoods with cabinets and one (1) sample refrigerator unit from Thomas Scientific, LLC, for a total purchase price of $85,673.25, 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 (Municipal Utilities and Engineering Director Harris)

18. Approve the Professional Services Agreement with AGA Engineers, Inc. to design and provide construction support services for the installation of a new traffic signal at the Church Street/San Bernardino Avenue intersection for an amount not-to-exceed $115,000, and determine that approval of the Agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

19. Accept the grant award from the FY 2023 Homeland Security Grant Program, and approve an additional appropriation of $23,962 to the Police Department (Police Chief Tolber) L. New Business

1. 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)

2. 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)

3. 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)

4. 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)

5. 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)

6. 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)

7. Consideration of a Professional Services Agreement with Activu Corporation for an amount not to Recycled Paper
Redlands Regular Meeting of 12-17-2024 6 of 1598

7. 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)

8. Consideration of a $12,058,362.99 construction contract with MCC Pipeline, Inc. for construction of the 2023 CIP Water Pipeline and Highline Replacement Project, Project No. 501063, approval of an additional appropriation in the amount of $3,058,363, and determination that the project is categorically exempt under Sections 15302 and 15303 of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

9. Consideration of Resolution No. 8645 to adopt a Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program prepared for the proposed California Street and Redlands Boulevard Intersection Widening Project in accordance with Section 15074 of the California Environmental Quality Act Guidelines (Municipal Utilities and Engineering Director Harris) M. Individual Council Member Announcements and/or Reports on Activities (No collective discussion or action.)
N. Adjournment
The next regular meeting of the City Council will be held on January 21, 2025.

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

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

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

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

Recycled Paper
Redlands Regular Meeting of 12-17-2024 7 of 1598
City Council Meeting H. 1.

DATE: 12/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Resolution No. 8638 of the City Council of the City of Redlands reciting the facts of the General Municipal Election held on Tuesday, November 5, 2024, declaring the results and such other matters as provided by law (City Clerk Donaldson) MOTION(S):

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

I move to adopt Resolution No. 8638.

Certificates of Election - Administration of Oath of Office Mayor Tejeda to administer oath of office to newly elected City Clerk, Jeanne Donaldson
City Clerk Donaldson to administer oath of office to newly elected Council Member Eddie Tejeda, District 2
City Clerk Donaldson to administer oath of office to newly elected Council Member Marc Shaw, District 4
City Clerk Donaldson to administer oath of office to newly elected City Treasurer Phillip Doolittle
Seating of new Mayor and Mayor Pro Tempore.

Comments from the newly elected Council Members and comments from the new Mayor and new Mayor Pro Tempore
Redlands Regular Meeting of 12-17-2024 8 of 1598
RECOMMENDATION:

It is recommended the City Council adopt Resolution No. 8638, a resolution of the City Council of the City of Redlands reciting the facts of the General Municipal Election held on Tuesday, November 5, 2024, declaring the results and such other matters as provided by law.

DISCUSSION:

Pursuant to the requirements of the laws of the State of California relating to General Law cities, the Redlands City Council adopted Resolution No. 8567 on June 18, 2024, calling and ordering to be held in the City of Redlands, California, a General Municipal Election, and requesting the Board of Supervisors of the County of San Bernardino authorize the Registrar of Voters to canvass the returns and provide the necessary services pertaining to the election to be held Tuesday, November 5, 2024, for the purpose of electing one Member of the City Council in District 2 and one Member of the City Council in District 4, a City Clerk at-large, and a City Treasurer at-large for the full term of four years.

The San Bernardino County Registrar of Voters provided a Statement of Certification of Election results of the 2024 Statewide General Election, showing the total number of votes cast in San Bernardino County and that the totals as shown are full, true and correct.

ALTERNATIVES:

Not Applicable
STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:

Jeanne Donaldson, City Clerk
RECOMMENDED BY:

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Redlands Regular Meeting of 12-17-2024 9 of 1598
PREPARED BY:

Altheresa Rothschild, Assistant City Clerk
Fiscal Impact
Discussion:

Certification of Election Results will not have an impact on the City of Redlands General Fund.

Attachments
Resolution No. 8638 Election Results
Exhibit A - Certified Election Results
Redlands Regular Meeting of 12-17-2024 10 of 1598
1 I:\cmo\Resolutions\8638 Election Results 11.05.24 .docx-ms RESOLUTION NO. 8638

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 5, 2024, AND DECLARING THE RESULTS

AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a general municipal election was held and conducted in the City of Redlands on Tuesday, November 5, 2024, as required by law; and
WHEREAS, notice of the election was given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed; and that in all respects the election was held and conducted and the votes were cast, received, and canvassed, and the returns made and declared in time, form and manner as required by the provisions of the California Elections Code for the holding of elections in general law cities; and WHEREAS, pursuant to City Council action approved on June 18, 2024, the County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council; said results are received, attached and made a part hereof as Exhibit "A." NOW, THEREFORE, the City Council of the City of Redlands does resolve, declare, determine and order as follows:

Section 1. That the names of persons voted for at the election for Member of the City Council, were as follows:

DISTRICT 2:
• EDDIE TEJEDA
• JENNIFER MARAVILLAS
DISTRICT 4:
• JENNA GUZMAN-LOWERY
• JESUS CISNEROS
• MARC R. SHAW
That the names of the persons voted for at the election for City Clerk were as follows:
• JEANNE DONALDSON
That the names of the persons voted for at the election for City Treasurer were as follows:
• PHILLIP DOOLITTLE
• JOHN PAUL MAIER
Redlands Regular Meeting of 12-17-2024 11 of 1598
2 I:\cmo\Resolutions\8638 Election Results 11.05.24 .docx-ms Section 2. That the number of votes given at each precinct and the number of votes given in the City to each of the persons named above for the respective office for which the persons were candidates are as listed in Exhibit "A" attached hereto.

Section 3. That the City Council of the City of Redlands does hereby declare and determine that:

EDDIE TEJEDA was elected as a Member of the City Council, District 2, for the full term of four years;
MARC R. SHAW was elected as a Member of the City Council, District 4, for the full term of four years;
JEANNE DONALDSON was elected as City Clerk for the full term of four years; PHILLIP DOOLITTLE was elected as City Treasurer for the full term of four years; Section 4. The City Clerk shall enter on the records of the City Council of the City of Redlands a statement of the results of the election showing the whole number of votes cast in the City; the names of the persons voted for; for what office each person was voted for; the number of votes given at each precinct to each person, and the total number of votes given to each person.

Section 5. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk; and each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.

ADOPTED, SIGNED AND APPROVED this 17th day of December, 2024. _________________________________
Eddie Tejeda, Mayor
ATTEST:
_______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 12-17-2024 12 of 1598
3 I:\cmo\Resolutions\8638 Election Results 11.05.24 .docx-ms I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution No. 8638 was duly adopted by the City Council at a regular meeting thereof held on the 17th day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 12-17-2024 13 of 1598
4 I:\cmo\Resolutions\8638 Election Results 11.05.24 .docx-ms EXHIBIT “A”

CERTIFIED RESULTS
Redlands Regular Meeting of 12-17-2024 14 of 1598
Redlands Regular Meeting of 12-17-2024 15 of 1598
Final Certified Election Results
Redlands Regular Meeting of 12-17-2024 16 of 1598
Redlands Regular Meeting of 12-17-2024 17 of 1598
Redlands Regular Meeting of 12-17-2024 18 of 1598
Redlands Regular Meeting of 12-17-2024 19 of 1598
City Council Meeting H. 3.

DATE: 12/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Discussion and possible action relating to Resolution No. 8508 establishing the process for the selection of the Mayor and Mayor Pro Tempore and their respective terms of office and repealing Resolution No. 8414 (Mayor Tejeda)
MOTION:

Should the City Council concur with Mayor Tejeda's recommendation, the following motion is provided.

I move to adopt Resolution No. 8508.

DISCUSSION:

At the request of Mayor Tejeda this item has been added to the agenda to allow City Council discussion relating to the process for the selection of the Mayor and Mayor Pro Tempore and their respective terms of office. Resolution No. 8508 restores the process for selecting the Mayor and Mayor Pro Tempore to a nomination selection process.

SUBMITTED BY:

Mayor Eddie Tejeda
Attachments
Resolution No. 8414
Resolution No. 8508
Redlands Regular Meeting of 12-17-2024 20 of 1598
RESOLUTION NO. 8414

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

ESTABLISHING THE PROCESS FOR THE SELECTION OF THE MAYOR

AND MAYOR PRO TEMPORE AND THEIR RESPECTIVE TERMS OF
OFFICE
WHEREAS, Section 2.02. 020 ofthe Redlands Municipal Code, titled " Selection of Mayor and Mayor Pro Tempore; Terms of Office," presently establishes a process whereby the City' s Mayor and Mayor Pro Tempore are selected, individually, by their colleagues of the City Council for a two- year term; and
WHEREAS, the process for the selection of Mayor and Mayor Pro Tempore has been codified in the Redlands Municipal Code, without substantive change for more than 35 years, since 1985 and, in uncodified ordinance form, without substantive change, since 1955; and WHEREAS, this Resolution relating to the selection ofthe Mayor and Mayor Pro Tempore is the first substantive governmental business action taken by the City Council during this century when the residents of Redlands are fully represented by their respective selection of five individuals, from five council member districts; and
WHEREAS, because this is a historic time for Redlands and its City Council, this City Council believes the first action taken by the City Council should be one of unanimity, reflecting the Council members acting as a whole without regard to the districts they were selected from; and one of vision, choosing its leadership not only now for the following year, but also for, the next four years for continuity and good government purposes; and WHEREAS, the process established by this Resolution is transparent, open, and performed in a manner which avoids randomness or adherence to numbers or labels, and instead provides certainty; and
WHEREAS, the process established by this Resolution ensures that each City Council member voting on this Resolution who has not yet had an opportunity to serve as the Mayor of Redlands is given that opportunity; and
WHEREAS, the process established by this Resolution recognizes the natural hierarchal ascension of officers in governmental and non -governmental organizations, and private business entities; and further takes advantage of Council member wisdom gained through experience in the ascension to the role of Mayor; and
WHEREAS, this City Council has decided to change the process for the selection of the Mayor and Mayor Pro Tempore and will hold a first reading of, and introduce, Ordinance No. 2953 to amend section 2. 02.020 of the Redlands Municipal Code relating to such process for purposes of efficiency, and to promulgate good government practices as stated herein; 1 C\ Resolutions\Res 8400- 8499\ 8414 Selection ofMayor Mayor Pro Tem.docx Redlands Regular Meeting of 12-17-2024 21 of 1598

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

Section 1. The Mayor and Mayor Pro Tempore shall be chosen by the City Council December of each even -numbered year upon the affirmative vote of the majority of the total membership of the City Council. The Mayor and Mayor Pro Tempore serve at the pleasure of the City Council.

Section 2. At its regular meeting in December 2024, the selection of a Mayor and Mayor Pro Tempore shall be determined by seniority based on a Council Member' s continuous length of service on the City Council without having served as Mayor. The Council Member with the longest continuous service on the City Council without having served as Mayor shall be appointed to serve as Mayor. The Council Member with the second longest continuous length of service on the City Council without having served as Mayor shall be appointed to serve as Mayor Pro Tempore. In the event two or more Council Members have equal seniority based upon their continuous length of service on the City Council without having served as Mayor, the Council Member with the higher vote count in his or her most recent election is considered to have higher seniority and shall be selected Mayor. The Council Member with the second highest vote count in his or her most recent election is considered to have the second highest seniority and shall be selected Mayor Pro Tempore.

Section 3. At its regular meeting in December 2026, the current Mayor Pro Tempore shall automatically succeed to the position of Mayor. The Council Member with the next longest continuous service on the City Council who has not yet served as Mayor shall be selected as Mayor Pro Tempore. Council Members having equal seniority shall be selected in the same manner as set forth in Section 2.

Section 4. The Mayor and Mayor Pro Tempore shall hold office from the date of their selection, until their identified successors take office or their successors are chosen. In the event a Council Member resigns from the position ofMayor or resigns from the City Council, the Mayor Pro Tempore shall automatically succeed to the position ofMayor. In the event a Council Member resigns from the position of Mayor Pro Tempore or resigns from the City Council, the position of Mayor Pro Tempore shall be filled in the same manner as set forth in Section 2.

Section 5. A Council Member may decline the position of Mayor or Mayor Pro Tempore. In that event, priority shall be given to the next most senior Council Member based on his or her length of service on the City Council without having served as Mayor.

Section 6. In the event that application of these rules would result in no Council Member being eligible to fill either the Mayor or Mayor Pro Tempore position, then the City Council may vote to appoint any one of its members to serve.

I:AResolutions\ Res 8400- 8499\ 8414 Selection of Mayor Mayor Pro Tem.docx Redlands Regular Meeting of 12-17-2024 22 of 1598
Section 7. This Resolution shall take effect on the effective date of City of Redlands Ordinance No. 2953.

ADOPTED, SIGNED AND APPROVED this 20th c
Eddie Tejeda, Ma
ATTEST;
naldson, City Clerk Fort 01
AResolubonslRes 8400- 8499\ 8414 Selection of Mayor Mayor Pro Tem.docx Redlands Regular Meeting of 12-17-2024 23 of 1598
1, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 20th day of December, 2022, by the following vote:

AYES: Councilmembers Barich, Davis, Guzman -Lowery, Saucedo; Mayor Tejeda NOES: None
ABSENT: None
ABSTAINED: None
S " t,- IL3"
Jea Donaldson, City Clerk
4 FResolutions%Res 8400-8499\ 8414 Selection ofMayor Mayor Pro Tcm,docx Redlands Regular Meeting of 12-17-2024 24 of 1598
1 I:\cmo\Resolutions\8508 Selection of Mayor Mayor Pro Temv2.docx-jm RESOLUTION NO. 8508

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

ESTABLISHING THE PROCESS FOR THE SELECTION OF THE MAYOR

AND MAYOR PRO TEMPORE AND THEIR RESPECTIVE TERMS OF
OFFICE AND REPEALING RESOLUTION NO. 8414
WHEREAS, on December 20, 2022, the City Council discussed potential changes to the selection process by which the council selects the Mayor and Mayor Pro Tempore; and WHEREAS on January 17, 2023, the City Council adopted Ordinance No. 2953 amending Chapter 2.02 of the Redlands Municipal Code and Resolution 8414 amending the procedure for selecting the Mayor and the Mayor Pro Tempore; and WHEREAS, Resolution No. 8414 amended the process by which the City Council selects the next Mayor and Mayor Pro Tempore and introduced a seniority-based rotation for these positions; and
WHEREAS, it is the desire of the City Council to repeal Resolution No. 8414 and to adopt Resolution No. 8508 to restore the language and the process that existed in former Chapter

2.02 describing the Mayor and Mayor Pro Tempore Selection Process to that which existed previously; and
WHEREAS, the adoption of Resolution No. 8508 restores the process for selecting the Mayor and Mayor Pro Tempore to a nomination selection process.

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

Section 1. Pursuant to Government Code Section 36801, the City Council shall meet after each general municipal election and choose one of its members as Mayor, and one of its members as Mayor Pro Tempore by way of council member nomination. The terms of office of the Mayor and Mayor Pro Tempore shall be for (2) years, except as provided in Section 2, and Section 3.

Section 2. In the event of the terms of the Council member are shortened or extended, as a result of any change in the election date for City Council members, the terms of the Mayor and Mayor Pro Tempore shall be correspondingly shortened or, in the case of an extension of the Council members’ terms, the City Council shall meet and select one of its members to serve as Mayor and one of its members as Mayor Pro Tempore for the period of time the Council members’ terms are extended until the next municipal election.

Section 3. The Mayor and Mayor Pro Tempore shall hold office, at the pleasure of the City Council, from the date of their selection and until their successors are chosen.

Redlands Regular Meeting of 12-17-2024 25 of 1598
2 I:\cmo\Resolutions\8508 Selection of Mayor Mayor Pro Temv2.docx-jm Section 4. The City Council hereby repeals Resolution No. 8414.

Section 5. This Resolution shall take effect immediately upon its adoption.

ADOPTED, SIGNED AND APPROVED this 17th day of December, 2024. ________________________
, Mayor
ATTEST:
____________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 12-17-2024 26 of 1598
3 I:\cmo\Resolutions\8508 Selection of Mayor Mayor Pro Temv2.docx-jm I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 17th day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 12-17-2024 27 of 1598
City Council Meeting K. 1.

DATE: 12/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the regular meeting minutes December 3, 2024 (City Clerk Donaldson)
MOTION:

I move to approve the meeting minutes of December 3, 2024.

Attachments
Regular meeting minutes of December 3, 2024
Redlands Regular Meeting of 12-17-2024 28 of 1598

MINUTES
Regular meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on December 3, 2024 at 5:00 P.M.

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

Mayor Tejeda called the meeting to order and explained that comments could be presented in-person, via Zoom, via cell phone or landline. Council Member Davis announced that due to property ownership within 500 feet of the Grove School, she recused herself from Closed Session Item C-4 related to property negotiations with the Redlands Unified School District regarding Grove School. The Mayor offered the public an opportunity to provide comment on any item on the agenda for the closed session.

PUBLIC COMMENT
None forthcoming
CLOSED SESSION
Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney Garcia)
One Case:
a. Harper v. City of Redlands, et al. , U.S. District Court Central District of California , Case No. 5:23-cv-00695-SSS-KKy
Conference with real property negotiators - Government Code §54956.8 (Assistant City Manager Boatman)
Property:                   APNs: 0173-231-23-0000 and 0173-231-26-0000  (England Grove)
Agency
Negotiators:

Charles M. Duggan, City Manager; Christopher Boatman,
Assistant City Manager
CC_December 3, 2024

Redlands Regular Meeting of 12-17-2024 29 of 1598
Negotiating Party: Johanna Crooker, ACIP Director of Forward Planning - Entitlements, Southern California; Meritage Homes of
California, Inc.

Under Negotiation: Terms of payment and price of possible land purchase by City.

Conference with real property negotiators - Government Code §54956.8 (Assistant City Manager Boatman)

Property: APN: 0171-191-30-0000
Agency
Negotiators:

Charles M. Duggan, City Manager; Christopher Boatman,
Assistant City Manager
Negotiating Party: Steve Stockton, President, Redlands Historical Museum Association
Under
Negotiation:

Terms of possible lease with City.

Conference with real property negotiators - Government Code §54956.8 (Assistant City Manager Boatman)

Property: APN: 0292-166-08-0000 (Grove School)
Agency
Negotiators:

Charles M. Duggan, City Manager; Christopher Boatman,
Assistant City Manager
Negotiating
Party:

Jason Hill, Deputy Superintendent, Business Services/CBO; Redlands Unified School District
Under
Negotiation:

Terms of possible property transfer to Redlands Unified School District.

RECONVENE CITY COUNCIL MEETING
The meeting reconvened at 6:14 P.M. with an invocation by Council Member Davis followed by the pledge of allegiance to the American flag.

CLOSED SESSION REPORT
City Attorney Garcia announced that no reportable action was taken during the closed session.

PRESENTATIONS
Holiday Performance
The Redlands Girls Vocal Ensemble, led by Katharine Bond, performed musical selections celebrating the holiday season.

City's 2024 Holiday Video
CC_December 3, 2024

Redlands Regular Meeting of 12-17-2024 30 of 1598
City's 2024 Holiday Video
Mayor Tejeda presented the City's 2024 Holiday video wishing the community a wonderful holiday season. The Mayor thanked Multimedia Production Coordinator, Cheryl Williams, and volunteer Kam Kalanui, for their outstanding production work.

Donation to Animal Shelter
Mayor Pro Tem Barich introduced Tom Bell, from Tom Bell Chevrolet, who donated a $25,000 check to Animal Services Supervisor Jodi Kroeger and the Animal Shelter.

PUBLIC COMMENT
Acknowledging Council Member Guzman-Lowery - Chamber of Commerce Executive Director Evan Sanford expressed his gratitude for the dedication, insight, and thoughtful approach of Council Member Guzman-Lowery as she served the City over the last four years.

Various Musings - Dennis Bell thought the Christmas decorations did not live up to his expectations, considering the City recently approved the contract for $180,000. He suggested the Fire Department follow the direction of the Corona Fire Department and consider adding portable mobile blood bank kits to their emergency vehicles.

Respect for All - Anthony Dobbs voiced frustration with those that choose to speak showing little respect for others and, in particular, showing disrespect towards women. All voices should be provided the utmost respect.

Appreciation of Renaming Public Facilities - Ediberto Flores, of the Northside Impact Committee, sincerely thanked Mayor Tejeda and the City for renaming the Community Senior Center in honor of him and his dear wife, Gloria Flores, who recently passed. He personally was grateful to Mayor Tejeda and his work towards unifying the north and south sides of Redlands through the renaming of other facilities, including the Community Center in honor of Joe Gonzales, the dining room of the Community Senior Center in honor of Mary Reyes Sanchez, and the Community Park in honor of Norman N. Martinez and Oddie J. Martinez.

A City's Vision - Stephen Rogers cited the quote that can be found at the Prosellis of the Redlands Bowl, "Without Vision a People Perish", and he urged the Council to take notice because, in his opinion, the City lacked the necessary vision to thrive.

CONSENT CALENDAR
Minutes
On motion of Council Member Denise Davis, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the regular meeting minutes of November 19, 2024.

Vote: 5 - 0 Passed
CC_December 3, 2024

Redlands Regular Meeting of 12-17-2024 31 of 1598

Local Appointments List for 2025
City Manager Duggan introduced the local appointments list for calendar year 2025 and discussed the need for the City to comply with Government Code Section 54972 and prepare a list of all regular and ongoing commissions and boards which are appointed by the City Council. The list is to include all appointive terms which will expire during the next calendar year with the name of the incumbent appointee, the date of appointment, the date the term expires and the necessary qualifications for the position. Council Member Saucedo raised questions about the terms of each commission and committee member, consideration of term limits, and the process for removing a commissioner or committee member. Council Members directed the City Manager to review the language that governs the terms of service for all commissions and committees, including the Planning Commission, and to report back to the Council at a future meeting.

On motion of Mayor Eddie Tejeda, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the Local Appointments List for 2025 of all regular and ongoing commissions and boards of the City of Redlands as required by Government Code Section 54972.

Vote: 5 - 0 Passed
Resolution No. 8642 Surplus Lands Annual Report
Assistant City Manager Boatman summarized Resolution No. 8642 to receive an annual report of City of Redlands surplus lands. On January 1, 2020, new laws require the City to annually report on surplus land held by the City. The intent of this legislation is to improve the process for providing notice of surplus land to facilitate the development of affordable housing around the State. The new law requires that any land “not necessary for the agency’s use” be declared surplus. Prior to the disposition of the land, “Agency’s use” is defined in the new law as land that is used or planned to be used for the agency’s work or operations, such as a water treatment plant, park, detention basin, or other agency use. The state law definition of “Agency use” expressly excludes commercial or industrial uses, such as non-government retail, entertainment, or office development. If an agency disposes of land to finance such a project or activity, that disposition must go through the surplus land process under the new law. As public comment, Stephen Rogers expressed confusion with the list and the way in which it was presented, adding that the list identified properties that are not considered surplus.

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously adopted, by roll call vote, Resolution No.8642 declaring certain City-owned properties classified as "not surplus" or “exempt property”, and determined that adoption of the Resolution is exempt from environmental review pursuant to Section 15061(b)(3) of the State's Guidelines implementing the California Environmental Quality Act.

Vote: 5 - 0 Passed
CC_December 3, 2024

Redlands Regular Meeting of 12-17-2024 32 of 1598

Second Amendment Field Survey / Mapping / Improvement Plan Review Services Development Services Director Desatnik stated the Second Amendment to the Professional Services Agreement with CASC Engineering and Consulting, Inc., was a simple amendment to an existing contract to increase the Agreement by $50,000 to an aggregate amount not-to-exceed $125,000 to allow for the continued performance of professional services for field survey and survey mapping/improvement plan review services for the City. As public comment Stephen Rogers complained that CASC, as a consultant, had been doing work for the City longer than any employee he could think of, and he was concerned that the contract was being managed by the Development Services Department and not Municipal Utilities and Engineering.

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of the agreement amendment is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and approved the Second Amendment to the Professional Services Agreement with CASC Engineering and Consulting, Inc. increasing the aggregate amount of the Agreement to $125,000 to allow for the continued performance of professional services for field survey and survey mapping/improvement plan review services.

Vote: 5 - 0 Passed
Resolution No. 8648 One-year Time Extension CRA No. 949 On motion of Council Member Denise Davis, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8648 authorizing a one-year Extension of Time to the expiration date of Commission Review & Approval No. 949 for the construction of a 48,079 square-foot light industrial building with ancillary office space on a 2.56-acre parcel located at the northeast corner of New Jersey Street and West Park Avenue (APN: 0292-153-20-0000) in the Commercial Industrial (EV/IC) District of the East Valley Corridor Specific Plan.

Vote: 5 - 0 Passed
Reject Bids Fire Department Hazardous Waste Collection Site Metal Canopy On motion of Council Member Denise Davis, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously rejected, by roll call vote, all bids received for the Redlands Fire Department Household Hazardous Waste Collection Site Metal Canopy. Funding for this project was to be provided by a grant from CalRecycle in the amount of $244,500. The bids received exceeded the available budget and construction cost estimate for the project and no additional funding has been allocated for this project.

Vote: 5 - 0 Passed
CC_December 3, 2024

Redlands Regular Meeting of 12-17-2024 33 of 1598

Reject Bids Joslyn Senior Center HVAC/Roofing Project
On motion of Council Member Denise Davis, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously rejected, by roll call vote, all bids received for the Joslyn Senior Center HVAC and Roofing project. The bids received exceeded the available budget and construction cost estimate for the project.

Vote: 5 - 0 Passed
Emergency Management Comprehensive Training Agreement
On motion of Council Member Denise Davis, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the Professional Services Agreement with Jacob Green & Associates, Inc in the amount of $71,950 for the development and implementation of an Emergency Management Comprehensive Training and Exercise program.

Vote: 5 - 0 Passed
Annual Payment Police Department Computer Aided Dispatch/Records Management On motion of Council Member Denise Davis, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the annual maintenance payment to Motorola Solutions, Inc. in the amount of $110,887.77 for the Police Department's Spillman Computer Aided Dispatch/Records Management System.

Vote: 5 - 0 Passed
Cooperative Agreement with SBMWD Regional Biosolids Program Feasibility Study Municipal Utilities and Engineering Director Harris explained the City's Wastewater Treatment Plant (WWTP) operates three primary anaerobic digesters and one secondary digester. These digesters treat and stabilize sludge, which is a byproduct of the wastewater treatment process. The digesters function in the absence of oxygen and use bacteria to break down organic matter in the sludge. The City currently contracts with Synagro-WWT, Inc. to haul and dispose of approximately 5,000 tons of Class B biosolids each year to composting facilities. Regulatory agency requirements related to biosolids land application, as well as the City's reliance on hauling and disposal contractors, have driven the WWTP staff to explore more resilient and sustainable strategies for long-term biosolids management.

Over the past several months, representatives from several Southern California wastewater treatment agencies have collaborated to develop a Regional Biosolids Program Feasibility Study scope of work to identify and evaluate potential regional solutions for biosolids management. The draft agreement for participation in this project is still under development and will be subject to review by the City’s legal team prior to finalization. Council Member Saucedo pointed out how important it was to maintain the City's infrastructure, including the WWTP.

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On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Mario Saucedo, the City Council unanimously determined, by roll call vote, that approval of a Cooperative Agreement is exempt from environmental review pursuant to Section 15378 of the State's guidelines implementing the California Environmental Quality Act, approved the Cooperative Agreement with San Bernardino Municipal Water Department and partnering agencies for the development of a Regional Biosolids Program Feasibility Study for an amount not-to-exceed $50,000; and designated the City Manager or his designee as the City's representative.

Vote: 5 - 0 Passed
Watershed Sanitary Survey 5-Year Updates Agreement
Municipal Utilities and Engineering Director Harris described a Professional Services Agreement with Leslie Palencia, doing business as Palencia Consulting Engineers, for an amount not-to-exceed $79,280 to prepare Watershed Sanitary Survey 5-Year Updates. The City owns and operates two conventional surface water treatment plants (SWTP) that are regulated by the State Water Resources Control Board Division of Drinking Water (DDW), which requires a watershed sanitary conditions evaluation and summary report of findings every five years. These engineering reports are used by regulators and staff to ensure treatment processes align with current water quality monitoring, and watershed control practices and activities. Council Member Saucedo stressed the value of these summary reports and asked for a status update of the Highline Replacement Project. Director Harris stated that he would have more information regarding the project at the next Council meeting.

On motion of Council Member Mario Saucedo, seconded by Mayor Pro Tempore Paul Barich, the City Council unanimously determined, by roll call vote, that approval of a Professional Services Agreement with Leslie Palencia, doing business as Palencia Consulting Engineers, is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and approved the Professional Services Agreement with Palencia Consulting Engineers for an amount not-to-exceed $79,280 to prepare Watershed Sanitary Survey 5-Year Updates.

Vote: 5 - 0 Passed
Resolution No. 8640 DOJ Tobacco Grant FY 2024-25
On motion of Council Member Denise Davis, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously adopted, by roll call vote, Resolution No. 8640 authorizing the Redlands Police Department's participation in the Tobacco Grant Program funded by the California Department of Justice; and approved the appropriation of the grant of $43,148.00 to the Police Department.

Vote: 5 - 0 Passed
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MOU Inland Regional Narcotics Enforcement
On motion of Council Member Denise Davis, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the Memorandum of Understanding with the Inland Regional Narcotics Enforcement Team; and authorized the Chief of Police to execute the Memorandum of Understanding.

Vote: 5 - 0 Passed
Facility Request Form Police Department Training
On motion of Council Member Denise Davis, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the submission of a Facility Request Form to the University of Redlands for use of its facilities January 1, 2025 through December 31, 2026 for the Redlands Police Department to conduct training, testing, and presentations; and authorized the Chief of Police, or her designee, to execute the facility use request form and other related facility use documents for Redlands Police Department to conduct training, presentations, and testing from January 1, 2025 through December 31, 2026 at the University of Redlands.

Vote: 5 - 0 Passed

COMMUNICATIONS
Recognition of Council Member Jenna Guzman-Lowery
Council Member Davis requested Matt Swenson, President of the Redlands Professional Firefighters Association, along with other RPFA members to assist in presenting Council Member Guzman-Lowery with a beautiful floral arrangement. They offered their thanks and appreciation for her vision, heart, and selfless service. On behalf of the State Senate, Maria Brunner, Field Representative of the Office of Senator Eloise Gomez Reyes, presented a Certificate of Recognition to Ms. Guzman-Lowery for her noteworthy leadership.

As public comment, Germaine Miles, Valerie Taber, Roux Whitmore, Janelle Martin of Stronger Together Now, Michael Paisner, Jennifer Maravillas, Jennifer Kim, Kathy Sadanala, Dominique Swanson, Amy Hudec, Sam Trad, Alex Beltran, Stephen Rogers and Karen Brandon conveyed their deep appreciation of the commitment and dedication and service of Jenna Guzman-Lowery. The consistent message throughout each of the eloquent speeches included an outpouring of love and respect and praise for the Council Member. She was seen as a valued leader who was honest and caring and passionate throughout all her work.

For her dedication and service as a Member of the City Council, Jenna Guzman-Lowery received accolades from each of her fellow Council Members, and Ms. Guzman-Lowery was presented with a fine plaque honoring her time with the City. She thanked her colleagues and all those with whom she has worked. She praised City staff for their many contributions and expressed sincere gratitude to everyone who participated in her final Council meeting.

PUBLIC HEARINGS
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"Tennessee Village” Project Development Applications
Mayor Tejeda declared the meeting open as a public hearing and called on Principal Planner Sean Reilly for a presentation of Resolution No. 8641 related to the development applications for the proposed “Tennessee Village” project located on vacant land consisting of 13.48-acre site located on the east side of Tennessee Street approximately 600 feet north of West Lugonia Avenue within the Special Development (EV/SD) District of the East Valley Corridor Specific Plan (APN: 0167-171-15-0000).

The Planning Commission voted 6-0 to adopt Resolution No. 1688 recommending approval of the project entitlements and the Density Bonus Agreement to the City Council. The Commission discussed site design, the density bonus, requirements for the project to provide electric vehicle charging and the timing of project phasing and were supportive of the project and its design. They suggested possible improvements related to service for electric vehicles and electric appliance service for residential units. The Applicant agreed to a condition of approval requiring all garage parking spaces to be EV charger ready, which exceeds the typical building code standards. This condition of approval includes nine additional spaces (a total of 178) that are all located within garage spaces where they are the most beneficial to the residents.

The project proposal provides for ten buildings, which includes a mix of residential and commercial uses, with 460 residential units and approximately 18,000 square feet of commercial space. The mixed-use buildings are adjacent to Tennessee St. and include commercial space on the first floor, with the residential units above, and six live/work lofts.

Commercial uses within the project are located near the southwestern corner of the project site. The remainder of the buildings within the project are residential apartments only.

Representing the project owner, Lugonia Park Associates, LLC, Matt Jordan and Nolan Leggio offered background on the developer with local roots, and they provided a more detailed look at the project amenities including, a resort style pool/spa, clubhouse/fitness center, theater and a rooftop deck.

As public comment, Stephen Rogers questioned the decision to remove this site from the EVC Specific Plan and not establish a new specific plan for the project, as has been done for nearby project sites. He said traffic will most definitely be an issue in the future, and he thought a full EIR should be conducted. Bobby Garrity requested the Council approve the project because the City was in a housing shortage and, in particular, an affordable housing shortage, and he urged the Council to push for policy reforms to allow for increased density that does not inhibit development. Tessa Richard, of Redlands YIMBY, fully supported the project because of the City's need for more housing. Michael Paisner warned the Council to be diligent when reviewing development projects, and to demand more from developers, by demanding the best for Redlands as a community. Andy Hoder wondered what affordable housing would actually look like, and he was worried that once the development was completed, the roads would be unable to handle the flow of traffic.

One written letter was received from Marjan Abubo, of Lozeau Drury LLP, on behalf of Supporters of Alliance for Environmental Responsibility (SAFER), who urged the Council to conduct a full EIR because they claim there is substantial evidence that the project may have significant impacts on biological resources, energy and greenhouse impacts and on human health that have not been mitigated.

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health that have not been mitigated.

Mayor Tejeda closed the public hearing. Council Members were pleased the developer was willing to address the needs of the City and add an affordable housing element to the project.

The renderings were beautifully done, and the Council appreciated the robust outreach efforts with stakeholders and appreciated that no subsidies were requested. Mayor Tejeda raised concerns about traffic and pointed out there was already congestion in this area. He asked if the roads would accommodate an increase in cars and trucks.

Regarding traffic analysis, Development Services Director Desatnik explained that under CEQA, studies were based on vehicle miles traveled, which is how many miles per capita that the project generates. The General Plan provides direction and includes for the study of determining whether the project itself degrades the level of service in the surrounding intersections and if there is no degradation, the City can't require a specific project to take on the burden of upgrading full traffic signals or any other major roadway improvements. It is the City's responsibility and traffic impact fees are charged in order to allow for the City to make regional improvements.

On motion of Mayor Pro Tempore Paul Barich, seconded by Mayor Eddie Tejeda, the City Council unanimously adopted, by roll call vote, Resolution No. 8641, approving the Tennessee Village Mixed Use Project. Approvals included: 1) Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the project; 2) Socio-Economic Cost/Benefit Study prepared for the proposed project as required by Measure U; 3) Amendment No. 50 to Specific Plan 40 to remove the project site consisting of 13.48 acres from the boundaries of SP 40 area; 4) Zone Change No. 477 to change the zoning designation to General Commercial (C-3) District; 5) Tentative Parcel Map No. 20688 to subdivide the entire project site into four parcels; 6) Conditional Use Permit No. 1173 to construct a mixed-use project consisting of 460 apartments and approximately 18,000 square feet of commercial space on a vacant 13.48-acre site; 7) Commission Review and Approval No. 956 for site plan approval and architectural design review; 8) Density Bonus Agreement with Declaration of Affordable Housing Covenants and Restrictions to approve a Density Bonus Agreement which sets forth the terms and conditions to allow the Density Bonus Units and increased density for the project, the concessions and waivers that the developer is entitled to pursuant to State law, and affordability covenants to ensure the affordability of twenty (20) apartment units for Very Low Income households.

Vote: 5 - 0 Passed
NEW BUSINESS
Aerial Mapping Land Surveying Services
Facilities and Community Services Director Crocker summarized the Agreement with Schmidt Geomatic Mapping, Inc. to provide aerial mapping and land surveying services for the California Street Landfill for a potential total amount not-to-exceed $266,976. The Solid Waste Division operates the landfill located on Nevada Street, adjacent to the Santa Ana River wash. The California Street Landfill is required by Federal, State, and County agencies to remain in compliance with regulatory requirements associated with the daily operations, monitoring and adjustments, topographic maps, slope analysis, drainage diagrams, and volumetric calculations of the landfill. This includes regular field mapping and surveying to CC_December 3, 2024

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ensure an accurate understanding of airspace utilization and to maintain water quality compliance specific to the Santa Ana Regional Water Quality Control Board standards.

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of the Agreement is exempt from environmental review pursuant to Section 15301 of the State’s guidelines implementing the California Environmental Quality Act; and approved the Agreement with Schmidt Geomatic Mapping, Inc. to provide aerial mapping and land surveying services for the California Street Landfill for a potential total amount not-to-exceed $266,976.

Vote: 5 - 0 Passed
WWTP Secondary Clarifier Rehabilitation Project Services Agreement Municipal Utilities and Engineering Director Harris introduced the Non-Professional Services Agreement with Clean Infusion LLC for the Wastewater Treatment Plant Secondary Clarifier Rehabilitation Project for an amount not-to-exceed $430,000. The secondary clarifiers were constructed at the WWTP in 1972 to meet new treatment standards mandated by the Clean Water Act. These clarifiers process approximately 1.0-1.5 million gallons of wastewater each day before the treated effluent is discharged to percolation ponds for groundwater recharge. It is now necessary to repair, replace, and upgrade the secondary clarifier components to ensure treatment system reliability.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that the Wastewater Treatment Plant Secondary Clarifier Rehabilitation Project is exempt from environmental review in accordance with Section 15302(c) of the State's guidelines implementing the California Environmental Quality Act; and approved the Non-Professional Services Agreement with Clean Infusion LLC for the Wastewater Treatment Plant Secondary Clarifier Rehabilitation Project for an amount not-to-exceed $430,000.

Vote: 5 - 0 Passed
COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES
Mayor Tejeda attended the community celebration commemorating the renaming of three city facilities on November 20, 2024 at the Redlands Community Center.

Mayor Pro Tem Barich was proud to attend a recent gathering at Crafton Hills College to celebrate the unveiling of the Paul and Joann Barich Terrace, as part of the Fire Academy, enjoyed the downtown tree lighting ceremony, the Redlands Police Department's Thanksgiving meal community event, and the Police Department Awards, Promotions and Recognition ceremony. Again, he thanked Jenna Guzman-Lowery for her friendship and service.

Council Member Davis participated in a lively discussion centered around childcare and child care workers hosted by Zocalo Public Square and The James Irvine Foundation held at the County Museum, and attended the Loma Linda Children's Hospital Groundbreaking, CC_December 3, 2024

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Council Member Guzman-Lowery recognized that this constituted her final moments as a council member, and she expressed her appreciation of her colleagues and offered a huge thank you to staff who consistently showed their kindness, patience, and guidance.

Council Member Saucedo attended the Loma Linda Children's Hospital Groundbreaking, the Redlands Police Department's Thanksgiving meal community event, and enjoyed the Police Department Awards, Promotions and Recognition ceremony held earlier in the day.

ADJOURNMENT

There being no further action required, Council Member Guzman-Lowery adjourned the meeting at 9:13 P.M. The next regular meeting of the City of Redlands City Council will be held on December 17, 2024.

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Redlands Regular Meeting of 12-17-2024 40 of 1598
City Council Meeting K. 2.

DATE: 12/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve recommendations for the reappointment of Margo Mullen and Edie Punt to serve on the Cultural Arts Commission (Mayor Tejeda)
MOTION:

I move to reappoint Margo Mullen to serve a second four-year term on the Cultural Arts Commission ending January 6, 2029.

1. I move to reappoint Edie Punt to serve her first full four-year term on the Cultural Arts Commission ending January 6, 2029.

2. RECOMMENDATION:

It is recommended by Mayor Tejeda that the City Council consider the reappointment of Margo Mullen and Edie Punt to the Cultural Arts Commission to each serve a four-year term. Pursuant to the Redlands Municipal Code, appointments to this commission are made by the Mayor and approved by the City Council.

DISCUSSION:

Two commissioners on the Cultural Arts Commission have terms ending on January 6, 2025, Margo Mullen and Edie Punt. Both commissioners are seeking reappointment, are eligible for reappointment, and are in good standing with the commission. A public notice was released on October 28, 2024, requesting interested residents to submit an application for the Cultural Arts Commission. In addition, the public notice was concurrently aired on Redlands TV and posted at the community bulletin board at the A. K. Smiley Public Library. The local newspapers also received distribution of the public notices. Four new applications were received from the recent posting, and seven from previous postings.

Redlands Regular Meeting of 12-17-2024 41 of 1598
The Cultural Arts Commission consists of seven members as follows:

Brian Ball
Rick Cummings
Dennis Christensen
Edie Punt
Daniel Rodriguez
Daniel Gohman
Margo Mullen
ALTERNATIVE:

The City Council may choose not to support the recommendation and direct staff to seek further applications for consideration.

SUBMITTED BY:

Janice McConnell, Assistant City Manager
REVIEWED BY:

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

Jennifer Macias, Management Analyst
Attachments
Public Notice
Cultural Arts Applications
Redlands Regular Meeting of 12-17-2024 42 of 1598
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Address verified - AE
Received by the City Manger's
Office 11.18.24
Redlands Regular Meeting of 12-17-2024 44 of 1598
Additional References:

Ryan Bailey
Citrograph Printing Co.
113 E. State Street
Redlands, CA. 92373
Al Hernandez
Citrograph Printing Co.
113 E. State Street
Redlands, CA. 92373
Redlands Regular Meeting of 12-17-2024 45 of 1598

CHRISTINA LONG VAIL
Redlands, CA
(
Social impact leader specializing in education, policy analysis, and program development.

Research design and implementation
Local, federal, and state policy analysis
Stakeholder engagement
Project management
Program evaluation
Writing policy memos, briefs, and reports
Cross-team collaboration
State and local budget analysis
External presentations
Design thinking for social impact
Multi-faceted, proactive, and action-oriented
Curriculum development
01/2024 to Current

UNIVERSITY OF CALIFORNIA, BERKELEY
Remote
Research Associate, Blueprint for Belonging
Advance the belonging framework across California projects through research support, literature reviews, survey development, and coordination of co-development processes with partners.

Support and grow partnerships in the Blueprint for Belonging network. 04/2019 to 08/2022

YOUNG INVINCIBLES
Austin, TX
Senior Southern Policy Manager
Senior Southern Policy Manager (2022), Southern Policy and Advocacy Manager (2021), Southern Program Manager (2019-2020)
Managed Texas policy and research, bringing forward young adult perspectives on key issues in health care, higher education, and the workforce.

Led statewide coalition, engaging partners in statewide events and initiatives reaching 200+ key stakeholders.

Coalition launched first-ever event series and supported successful initiatives becoming state law.

RealCollege TX Advisory Council: provided policy guidance to Texas higher education researchers.

Primary liaison to public officials, state offices, coalitions, and higher education organizations.

Collaborated with Comms team to drive engagement. Texas social media events reached 4 million+ views. 02/2018 to 09/2018

THE URBAN LEADERS FELLOWSHIP
TX
Regional Director- Contract Role
Led partnerships and funding to support summer policy fellowship; brought region to financial sustainability.

Worked alongside elected District Trustee to design policy projects.

Former Policy Fellow (2016) researching district mental health policy alongside District Trustee. 08/2015 to 07/2016

NEW ALBANY LOCAL SCHOOLS
New Albany, OH
School Counselor
Provided academic, personal, and crisis response counseling services for 6th-8th grade students. 08/2013 to 05/2015

OHIO STATE UNIVERSITY, DIVERSITY & INCLUSION
Columbus, OH
Study Skills Specialist and Instructor
Co-taught First Year Student Success Course with focus on study strategies and served as direct study skills advising support to 100+ scholars.

Facilitated time management workshops for OSU First Year Success Series.

I KNOW I CAN
Columbus, OH

SUMMARY
SKILLS

EXPERIENCE HIGHLIGHTS
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Ohio College Advisor, AmeriCorps 08/2011 to 06/2013
Led college-advising software implementation across six Columbus City schools, teaching 2,000+ students and preparing school faculty in software.

Selected for the Ohio College Access Network Chenelle Leadership Class, a statewide leadership program for rising college access leaders.

MASTER OF ARTS: POLICY, ORGANIZATIONS, AND LEADERSHIP 08/2017 Stanford University
Program Evaluation, Strategic Philanthropy, Nonprofit Management Graduate School of Business: Certificate in Entrepreneurship MASTER OF ARTS: COUNSELOR EDUCATION - SCHOOL COUNSELING 05/2015 The Ohio State University
Executive Board, Counselor Honor Society
BACHELOR OF ARTS: POLITICAL SCIENCE, MINOR IN PUBLIC AFFAIRS 03/2010 University of California, Los Angeles
Center for American Politics and Public Policy - Quarter in Washington, D.C.

Dancing, singing, and acting. Former performer in 30+ shows.

Graduate of the Orange County School of the Arts in Santa Ana, CA.

EDUCATION

PASSIONS
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CITY OF REDLANDS

COMMISSION APPLICATION FORM
(Please note that this form is a public record that may be subject to disclosure upon request.) COMMISSION\BOARD APPLIED FOR
______________________________________________________________________________ Name_________________________________________________________________________ Address _____________________________________________________ Telephone (Work)_________________________ (Cell / Home) ___________ Email __________________
Occupation ____________________________________________________________________ Reasons for desiring to serve – relevant experience and qualifications:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Signature ___________________________________________ Date __________________ * If appointed, please be advised that all City commissioners and committee/board members must complete mandatory harassment prevention training consistent with the requirements of Assembly Bill No. 1825. (Resolution No. 7206 adopted July 26, 2012)
Two References: (Please do not include Councilmembers or City Staff) (1) _________________________________ (2) ____________________________________ ________________
_________________________________ ____________________________________ Telephone _ ________ Telephone
Return Application to: Office of the City Council, C/O Office of the City Manager 300 E. State Street, Suite 690, Redlands, CA 92373
OR by email to [email protected]
You will be notified of appointments by the City Council. Your application will be retained for one year. PLEASE NOTE: Planning Commissioners and Historic & Scenic Preservation Commissioners are required to file Statements of Economic Interest in accordance with California State Law.

Received by the City
Manger's Office 11.18.24
Address Verified - AE
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Address verified - AE
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City Council Meeting K. 3.

DATE: 12/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve recommendations for the reappointment of Andrew Hoder, and the appointments of Patrick Taylor and Donivan Fox to the Traffic and Parking Commission (Mayor Tejeda and Council Member Saucedo)
MOTION:

I move to reappoint Andrew Hoder to serve his first full four-year term on the Traffic and Parking Commission ending December 20, 2028; and

1. I move to appoint Patrick Taylor to serve a four-year term on the Traffic and Parking Commission ending December 20, 2028, and

2. I move to appoint Donivan Fox to serve the remainder of a four-year term on the Traffic and Parking Commission ending December 20, 2025

3. RECOMMENDATION:

It is recommended by Mayor Tejeda and Council Member Saucedo that the City Council consider these appointments to the Traffic and Parking Commission.

Pursuant to the Redlands Municipal Code, appointments to this commission are made by the Mayor and approved by the City Council. However, Mayor Tejeda has expressed his desire to rotate recommendations for commission/board appointments among the City Council Members; therefore, Council Member Saucedo has been delegated authority by Mayor Tejeda to make the recommendation for these appointments.

DISCUSSION:

Traffic and Parking Commissioners Andrew Hoder and Eric Shamp's terms expire on December 20, 2024. Andrew Hoder expressed interest in being reappointed to a full term and Eric Shamp gave notice of his resignation at the end of his term. Commissioner Cassie MacDuff also issued her resignation prior to her term ending December 20, 2025. In October, the City issued a public notice soliciting applications for the Traffic and Parking Commission. Due to the Redlands Regular Meeting of 12-17-2024 57 of 1598
notice soliciting applications for the Traffic and Parking Commission. Due to the lack of applications a second public notice was posted in November. The public notices were concurrently aired on Redlands TV and posted on the community bulletin board at the A. K. Smiley Public Library. The local newspapers also received distribution of the public notices. Three new applications were received for consideration. After reviewing all applications, Andrew Hoder is being recommended for reappointment to serve his first full four-year term ending on December 20, 2028 and Patrick Taylor is being recommended to serve a four-year term ending on December 20, 2028 and Donivan Fox is being recommended to serve the remainder of a four year term ending December 20, 2025.

The Traffic and Parking Commission consists of six members as follows:

Carl Davis
Kavin Morningstar
Bill Waddell
Andrew Hoder (term expires 12.20.24)
Vacant
Eric Shamp (term expires 12.20.24)
Benjamin Daniel Perez (student)
ALTERNATIVE:

The City Council may choose not to support the recommendation and direct staff to seek further applications for consideration.

SUBMITTED BY:

Janice McConnell, Assistant City Manager
REVIEWED BY:

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

Jennifer Macias
Attachments
Traffic Notice 10.3.24
Traffic Notice 11.4.24
Traffic & Parking Applications
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City of

REDLANDS
Incorporated 1888
35 Cajon Street, Redlands, CA 92373
909-798-7510
www.ci.redlands.ca.us

P U B L I C N O T I C E
NOTICE IS HEREBY GIVEN that the City Council of the City of Redlands encourages residents to apply for a position on the following commission:

TRAFFIC AND PARKING COMMISSION - The Traffic and Parking Commission carries on educational activities in traffic matters, supervises the preparation and publication of traffic reports, receives complaints relating to traffic matters, and recommends to the City Council ways and means of improving traffic conditions and the administration and enforcement of traffic regulations. This commission also advises the City Council on the development of adequate parking for commercial and retail uses, recommend policies to encourage, develop and support adequate parking within the City, recommend actions for the establishment of long-term parking plans for the City and, in particular, the Downtown Redlands Business Area, and advises the City Council in the administration of resources for the development of parking. The Commission may also assist other advisory groups such as the Planning Commission in matters relating to parking.

The Traffic and Parking Commission meets bi-monthly on the fourth Thursday of odd-numbered months at 6:00 p.m. Residents interested in applying for the non-salaried position on this commission may request application forms from the City Clerk's Office, City Hall, 35 Cajon Street, Suite 4, Phone: 798-7510, or by downloading an application from the City’s website at www.cityofredlands.org
Deadline for filing applications is October 24, 2024.
___________________________________________
Amy Edwards, Senior Administrative Assistant
City Manager’s Office
City of Redlands, California
10/3/24
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City of

REDLANDS
Incorporated 1888
35 Cajon Street, Redlands, CA 92373
909-798-7510
www.ci.redlands.ca.us

P U B L I C N O T I C E
NOTICE IS HEREBY GIVEN that the City Council of the City of Redlands encourages residents to apply for a position on the following commission:

TRAFFIC AND PARKING COMMISSION - The Traffic and Parking Commission carries on educational activities in traffic matters, supervises the preparation and publication of traffic reports, receives complaints relating to traffic matters, and recommends to the City Council ways and means of improving traffic conditions and the administration and enforcement of traffic regulations. This commission also advises the City Council on the development of adequate parking for commercial and retail uses, recommend policies to encourage, develop and support adequate parking within the City, recommend actions for the establishment of long-term parking plans for the City and, in particular, the Downtown Redlands Business Area, and advises the City Council in the administration of resources for the development of parking. The Commission may also assist other advisory groups such as the Planning Commission in matters relating to parking.

The Traffic and Parking Commission meets bi-monthly on the fourth Thursday of odd-numbered months at 6:00 p.m. Residents interested in applying for the non-salaried position on this commission may request application forms from the City Clerk's Office, City Hall, 35 Cajon Street, Suite 4, Phone: 798-7510, or by downloading an application from the City’s website at www.cityofredlands.org
Deadline for filing applications is November 18, 2024.
___________________________________________
Amy Edwards, Senior Administrative Assistant
City Manager’s Office
City of Redlands, California
11/4/24
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address verified -AE
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Address Verified - AE
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City Council Meeting K. 4.

DATE: 12/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve recommendation for reappointment of William Hardy, Jr. to the Library Board of Trustees (Council Member Davis)
MOTION:

I move to reappoint William Hardy Jr. to serve a three-year term on the Library Board of Trustees ending January 1, 2028.

RECOMMENDATION:

It is recommended by Mayor Tejeda and Council Member Davis that the City Council consider this reappointment to the Library Board of Trustees. Pursuant to the Redlands Municipal Code, appointments are made by the Mayor and approved by the City Council. However, Mayor Tejeda has expressed his desire to rotate recommendations for commission/board appointments among the City Council Members; therefore, Council Member Davis has been delegated authority by Mayor Tejeda to make the recommendation for this reappointment.

DISCUSSION:

The term of Library Board Member William Hardy Jr. will expire on January 1, 2025. Board Member Hardy has expressed an interest in reappointment to the Library Board of Trustees. Because Library Board members are governed by the State Education Code and are not subject to the City's two, four-year term limitation as other City commissioners, Board Member Hardy is eligible for reappointment.

A public notice requesting interested residents to submit an application for the Library Board of Trustees was issued in October. In addition, the public notice was concurrently aired on Redlands TV and posted at the community bulletin board at the A. K. Smiley Public Library. The local newspapers also received distribution of the public notice. One application was received in response.

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The Library Board of Trustees Commission consists of five members as follows:

Martin Davis
Rosa Gomez
William T. Hardy, Jr. - Term Expires 1.1.25
William D. Hatfield
Kate Pretorious
ALTERNATIVE:

The City Council may choose not to support the recommendation and direct staff to seek further applications for consideration.

SUBMITTED BY:

Janice McConnell, Assistant City Manager
REVIEWED BY:

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

Jennifer Macias, Management Analyst
Attachments
Public Notice
Library Board Applications
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City Council Meeting K. 5.

DATE: 12/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the acceptance of a grant award from the County of San Bernardino Office of Homeless Services in the amount of $300,000 from Homeless, Housing, Assistance, and Prevention 4 (HHAP-4) grant for case management at the Project Home Key site; approve the Homeless Resource Services Agreement with Step Up on Second Street, Inc. for case management services at Project Home Key in an amount not-to-exceed $300,000; approve the associated additional appropriation in the amount of $300,000; and determine that the services provided are 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 acceptance of the Homeless, Housing, Assistance, and Prevention 4 (HHAP-4) grant and the award of a Homeless Resource Services Agreement with Step Up on Second Street, Inc. for case management services are exempt from environmental review pursuant to Sections 15061(b)(3) of the State's Guidelines implementing the California Environmental Quality Act;

1. I move that City Council accept the Homeless, Housing, Assistance, and Prevention 4 (HHAP4) grant in the amount of $300,000 for case management services at the Project Home Key site; and

2. I move that the City Council approve a Homeless Resource Services Agreement for the provision of case management services with Step Up on Second Street, Inc., in an amount not-to-exceed $300,000.

3. I move to approve the additional appropriation in the amount of $300,000 as described in the staff report.

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RECOMMENDATION:

Staff recommends City Council approve the acceptance of a grant award from the County of San Bernardino Office of Homeless Services in the amount of $300,000 from Homeless, Housing, Assistance, and Prevention 4 (HHAP-4) grant for case management at the Project Home Key site; approve the Homeless Resource Services Agreement to Step Up on Second Street, Inc. in an amount not-to-exceed $300,000; approve the associated additional appropriation in the amount of $300,000; and deem the approval of a professional services agreement and the provision of homeless case management services are exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act.

DISCUSSION:

In April 2022, the City of Redlands was awarded a Project Homekey grant from the California Department of Housing and Community Development (HCD). This grant supported the conversion of a former motel into permanent housing for individuals experiencing homelessness in Redlands. To implement this project effectively, the City partnered with Step Up on Second Street, Inc. (Step Up on Second), a nonprofit organization, to provide essential case management and supportive services for residents at the Project Homekey site. The City has now been awarded $300,000 through Round 4 of the Homeless Housing, Assistance, and Prevention (HHAP) Program from the County of San Bernardino Office of Homeless Services. These funds will be allocated to Step Up on Second to sustain and enhance the ongoing case management and supportive services provided at the Project Homekey facility.

The Project Homekey initiative is a state-led effort to provide permanent housing solutions and wraparound services for individuals experiencing or at risk of homelessness. The City’s collaboration with Step Up on Second has been instrumental in ensuring that residents of the converted motel receive the comprehensive support necessary to stabilize and improve their quality of life.

The HHAP funding will reinforce these efforts by enabling continued service provision, including mental health support, job placement assistance, and other critical resources that help clients transition toward long-term independence.

The acceptance of this grant funding will enhance the City’s ability to provide critical support services for some of its most vulnerable residents. The continued partnership with Step Up on Second aligns with the City’s commitment to addressing homelessness through sustainable and compassionate solutions.

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ALTERNATIVES:

City Council may elect not to accept the grant funding, not approve the agreement and provide alternative direction to staff.

STRATEGIC PLAN:

Supports Strategic Objective 4. Homelessness - Develop methods to reduce and prevent homelessness.

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:

Nancy Felix Administrative Assistant II
Fiscal Impact
Fiscal Year: FY2024-25
Revenue Generating: N
Appropriation Required Y/N: Y
Amount: 300000
Budgeted Y/N: N
Account No.: 200120-6710
Discussion:

This agreement is grant funded and will not impact the general fund.

Attachments
HHAP Award Grant Contract
HHAP Award Letter
Appropriation Form
HHAP 4 Step Up Services Agreement
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BOS Standard Contract Page 1 of 49

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Office of Homeless Services
Department Contract Representative Marcus Dillard
Telephone Number (909) 501-0625
Contractor City of Redlands
Contractor Representative Eddie Tejeda
Telephone Number (909) 798-7533
Contract Term December 3, 2024 – June 30, 2027
Original Contract Amount $300,000
Amendment Amount N/A
Total Contract Amount $300,000
Cost Center 6210002479
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, the San Bernardino City and County Continuum of Care (SBC CoC) has been allocated funds by the State of California, Homeless Coordinating and Financing Council in the Business, Consumer and Housing Agency, hereinafter called State, under the Homeless Housing, Assistance and Prevention Round 4 (HHAP-4) Program authorized by AB 140 (Health & Safety Code§ 50218.6, et seq.), which was signed into law by Governor Gavin Newsom on July 19, 2021; and
WHEREAS, the San Bernardino County (County) Office of Homeless Services, hereinafter referred to as OHS, is the Administrative Entity authorized to act on behalf of the County to administer HHAP-4 as designated by the SBC CoC, the eligible recipient of HHAP-4 funding; and
WHEREAS, the SBC CoC conducted a competitive process to find City of Redlands (Contractor) to provide these services, and
WHEREAS, Contractor has the required qualifications, experience and expertise to provide services and is willing to use State funds to serve individuals and families experiencing homelessness; and WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below;
NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:

Contract Number
SAP Number
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TABLE OF CONTENTS

SECTION PAGE
A. DEFINITIONS 3
B. CONTRACTOR RESPONSIBILITIES 6
C. GENERAL CONTRACT REQUIREMENTS 7
D. TERM OF CONTRACT 15
E. COUNTY RESPONSIBILITIES 15
F. FISCAL PROVISIONS 15
G. INDEMNIFICATION AND INSURANCE REQUIREMENTS 16
H. RIGHT TO MONITOR AND AUDIT 19
I. CORRECTION OF PERFORMANCE DEFICIENCIES 19
J. NOTICES 19
K. ENTIRE AGREEMENT 20
L. ELECTRONIC SIGNATURES 20

ATTACHMENTS
EXHIBIT 1 – HHAP-4 AWARD BY CATEGORY
EXHIBIT 2 – FISCAL PROVISIONS
EXHIBIT 3 – SCOPE OF WORK
EXHIBIT 4 – HMIS CLIENT DATA REPORT SAMPLE
EXHIBIT 5 – HMIS DATA QUALITY REPORT
EXHIBIT 6 – CALIFORNIA WELFARE AND INSTITUTIONS CODE SECTION 8255 EXHIBIT 7 – HHAP-4 EXPENDITURE REPORT
EXHIBIT 8 – HHAP-4 EXPENDITURE REPORT CHECKLIST
EXHIBIT 9 – HHAP-4 DISBURSEMENT REQUEST
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A. DEFINITIONS
A.1 Administrative Entity: A unit of general-purpose local government (city, county, or a city that is also a county) or nonprofit organization that has (1) previously administered federal Department of Housing and Urban Development (HUD) Continuum of Care (CoC) funds as the collaborative applicant pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations, and (2) been designated by the CoC to administer program funds.

A.2 Case Management: The coordination of community-based services by a professional team to provide people the quality health care that is customized accordingly to an individual’s setbacks or persistent challenges and aid them to their recovery. In addition, it can be defined as a collaborative process that assesses, plans, implements, coordinates, monitors, and evaluates the options and services required to meet the client’s health and human service needs.

A.3 Continuum of Care (CoC): The group organized to carry out the responsibilities required under this part and that is composed of representatives of organizations, including nonprofit homeless providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons to the extent these groups are represented within the geographic area and are available to participate.

A.4 Continuum of Care (CoC) Service Providers: A network of Community Based Organizations partnered with the SBC CoC to provide services to homeless individuals and families.

A.5 Coordinated Entry System (CES): The CES is a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool.”
A.7 Emergency Aid: Any urgent and immediate services, which include housing that will be provided to homeless individuals. Broad categories of uses include, but are not limited to, shelters, shelter beds, public toilets, shower facilities, tiny-shed homes, etc.

A.8 Emergency Shelter: Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of any inability to pay.

A.9. General Service Area: The geographically defined area where a service entity provides outreach and direct services to homeless people.

A.10 Homeless: The same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019:
(1) An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
(i) An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground; (ii) An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, State, or local government programs for low-income individuals); or
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(iii) An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution;
(2) An individual or family who will imminently lose their primary nighttime residence, provided that:
(i) The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance;
(ii) No subsequent residence has been identified; and
(iii) The individual or family lacks the resources or support networks, e.g., family, friends, faithbased or other social networks, needed to obtain other permanent housing; (3) Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:
(i) Are defined as homeless under section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a), section 637 of the Head Start Act (42 U.S.C. 9832), section 41403 of the Violence Against Women Act of 1994 (42 U.S.C. 14043e–2), section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)), or section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a); (ii) Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance;
(iii) Have experienced persistent instability as measured by two moves or more during the 60- day period immediately preceding the date of applying for homeless assistance; and (iv) Can be expected to continue in such status for an extended period of time because of chronic disabilities; chronic physical health or mental health conditions; substance addiction; histories of domestic violence or childhood abuse (including neglect); the presence of a child or youth with a disability; or two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; or
(4) Any individual or family who:
(i) Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence;
(ii) Has no other residence; and
(iii) Lacks the resources or support networks, e.g., family, friends, and faith-based or other social networks, to obtain other permanent housing.

A.11 Homeless Management Information System (HMIS): A web-enabled database used by homeless service providers to capture information about the San Bernardino County persons they serve. The database tracks services provided to homeless individuals and families by the collaborative agencies. Services tracked include: emergency, transitional, and permanent housing bed usage, employment, veteran’s status, as well as referrals to health and human service providers, or other relevant supportive service agencies. As required by the U.S. Department of Housing and Urban Development, the Continuum of Care utilizes the captured information to make informed decisions in planning, homeless advocacy, and policy development that result in target services. HMIS also includes that use of a comparable database by a victim services provider or legal services provider that is permitted under Part 576 of Title 24 of the Code of Federal Regulations.

A.12 Homeless Youth: An unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinneyVento Homeless Assistance Act [42 U.S.C. Sec. 11434a(2)]; includes unaccompanied youth who are pregnant or parenting.

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A.13 Housing First: An approach to quickly and successfully connect individuals and families experiencing homelessness to permanent housing without preconditions and barriers to entry, such as sobriety, treatment or service participation requirements. Supportive services are offered to maximize housing stability and prevent returns to homelessness as opposed to addressing predetermined treatment goals prior to permanent housing entry.

A.14 Housing Search and Placement: Services to assist clients to locate, secure, and navigate the rental market. Housing Search and Placement activities may include, but are not limited to, unit identification, unit inspection, determining rent reasonableness, contracts, advocating for households, land/lord/ tenant mediation, and any other housing requirements.

A.15 Interagency Council on Homelessness (ICH): The policy making body for the San Bernardino County Homeless Partnership. ICH works to ensure that the recommendations listed in the County’s 10-Year Strategy to End Homelessness are realized. ICH Membership is composed of elected officials, state and local representatives, community and faith-based organizations, and corporate advocates.

A.16 Instance of Service: Each encounter with a member of the target population where services are provided for each of the eligible grant activities. For example, one individual checks into a warming center operated by Provider X on Tuesday. The same individual checks into the same warming center the next night. This counts as two instances of service for this activity.

A.17 Navigation Center: A Housing First, low barrier, service-enriched shelter focused on moving homes individuals and families into permanent that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

A.18 Office of Homeless Services (OHS): The lead agency for the San Bernardino County Continuum of Care (SBC CoC). The SBC CoC coordinates services with the San Bernardino County Homeless Partnership consisting of community and faith-based organizations, educational institutions, nonprofit organizations, private industry, and Federal, State and local governments.

A.19 Permanent Supportive Housing (PSH): Low-barrier permanent housing with services. The type of services depends on the needs of the residents. Services may be short-term, sporadic, or ongoing indefinitely. PSH units are for individuals and families who are homeless or chronically homeless. PSH is housing combined with services, which may include mental health and health services, drug and alcohol treatment, education and job training.

A.20 Point-In-Time-Count (PITC): An unduplicated one-night estimates of both sheltered and unsheltered homeless populations conducted by Continuums of Care nationwide on a predetermined date within the last 10 days of each January pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations.

A.21 Program: The Homeless Housing, Assistance and Prevention Round 4 (HHAP-4) Program, established pursuant to Chapter 5 of Part 1 of Division 31 of the Health and Safety Code, and HHAP-4 are used interchangeably throughout this document.

A.22 Rapid Re-Housing (RRH): An intervention designed to help individuals and families quickly exit homelessness and return to permanent housing. Using the Housing First model, move families and individuals into permanent affordable housing as quickly as possible with minimal barriers, assist with move-in costs such as security and utility deposits and short-medium term declining rental subsidies, and provide intensive social services while families or individual’s stability and equip them with skills and resources they need to sustain and thrive in housing and avoid future homelessness.

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A.23 San Bernardino City and County Continuum of Care (SBC CoC): Provides leadership in creating a comprehensive countywide network of service delivery to homeless individuals and families and those at-risk of becoming homeless.

A.24 State of California, Homeless Coordinating and Financing Council (State): Created pursuant to Section 8257 of the Welfare and Institutions Code to, among other things, identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California.

A.25 Subcontractor: An individual, company, firm, corporation, partnership or other organization, not in the employment of or owned by Contractor who is performing services on behalf of Contractor under a separate contract with or on behalf of Contractor.

A.26 Target Population: Any person who is homeless as defined for this grant (see A.10 above).

A.27 Transitional Housing (TH): Designed to provide homeless individuals and families with the interim stability and support to successfully move to and maintain permanent housing. TH may be used to cover the costs of up to 24 months of housing with accompanying supportive services.

A.28 United States Department of Housing and Urban Development (HUD): A Federal agency established in 1965, HUD’s mission is to increase homeownership, support community development, and increase access to affordable housing free from discrimination. To fulfill this mission, HUD will embrace high standards of ethics, management and accountability and forge new partnerships, particularly with faith-based and community organizations, that leverage resources and improve HUD’s ability to be effective on the community level.

B. CONTRACTOR RESPONSIBILITIES
B.1 General Requirements
B.1.1 Contractor shall be in compliance with all applicable Federal, State, and local laws, required to perform this Contract. Contractor shall be required to repay the County in the event of non-compliance with any applicable law if the County is required to repay any amount of funds to the State as a result of Contractor’s non-compliance.

B.1.2 Contractor and its Subcontractors shall perform the work in accordance with Federal, State and local housing and building codes, as applicable.

B.1.3 Contractor shall be responsible to accomplish the levels of performance as set forth in EXHIBIT 1 – HHAP-4 AWARD BY CATEGORY for the services outlined in EXHIBIT 2 – FISCAL PROVISIONS and report such measures quarterly to the County with each quarterly expenditure report as directed in EXHIBIT 3 – SCOPE OF WORK. The County will review Contractor performance to assess expenditure and performance progress. If Contractor is not meeting expenditure and performance measures, the County will work with Contractor to identify strategies and remediate performance issues.

B.1.4 Contractor’s obligation to the County shall not end until all closeout requirements are completed. Activities during closeout period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent funds, and accounts receivable to the County), and determining the custodianship of records.

B.2 Scope of Work
The project description for services to be provided by Contractor under this Contract are identified in EXHIBIT 3 – SCOPE OF WORK.

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C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.

C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part.

C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other Contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney’s fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney’s fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (d) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for Contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.

C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.

C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

C. 9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including Subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the Redlands Regular Meeting of 12-17-2024 79 of 1598
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provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or Contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.

County shall have the right to require Contractor’s employees, agents, representatives and Subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.

C.10 Confidentiality
Contractor shall protect from unauthorized use or disclosure the names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any purpose other than carrying out the Contractor's obligations under this Contract, except as may otherwise be required by law. This provision will remain in force even after the termination of the Contract.

C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.

Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

C.12 County Representative
The Chief of Homeless Services or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

C.13 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.

C. 14 Debarment and Suspension
Contractor certifies that neither it nor its principals or Subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov).

Contractor further certifies that if it or any of its Subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

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C.15 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:

C.15.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

C.15.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

C.15.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

The Contractor shall inform all employees that are performing service for the County-on-County property, or using County equipment, of the County’s objective of a safe, healthful and productive workplace and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.

The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.

C.16 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, OHSs, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

C.17 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.

Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

C.18 Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.

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C.19 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

C.20 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

C.21 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.

To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

C.22 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

C.23 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

C.24 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

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C.25 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

C.26 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

C.27 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

C.28 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section D–Term of Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

C.29 Reserved
C.30 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

C.31 Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.

All records relating to the Contractor’s personnel, consultants, Subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy. The CONTRACTOR shall retain all documentation related to the services provided and all financial records associated with this Agreement for a period of five (5) years following the termination of this contract.

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C.32 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

C.33 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.

C.34 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.

C.35 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

C.36 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any Subcontractors who may supply any part of the Services to County. At County’s request, Contractor shall provide information regarding the Subcontractor’s qualifications and a listing of a Subcontractor’s key personnel including, if requested by the County, resumes of proposed Subcontractor personnel. Contractor shall remain directly responsible to County for its Subcontractors and shall indemnify County for the actions or omissions of its Subcontractors under the terms and conditions specified in Section G. All approved Subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.

For any Subcontractor, Contractor shall:

36.1 Be responsible for Subcontractor compliance with the Contract and the subcontract terms and conditions; and

36.2 Ensure that the Subcontractor follows County’s reporting formats and procedures as specified by County.

36.3 Include in the Subcontractor’s subcontract substantially similar terms as are provided in Sections B. CONTRACTOR RESPONSIBILITIES and C. GENERAL CONTRACT REQUIREMENTS.

Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.

C. 37 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense Redlands Regular Meeting of 12-17-2024 84 of 1598
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of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

C.38 Termination for Convenience
The County reserves the right to terminate the Contract, for its convenience, with or without cause, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination.

Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

C.39 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

C.40 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.

C.41 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or Subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.

Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.

C.42 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.

The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

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C.43 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.

Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.

Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

C.44 Reserved
C.45 Reserved
C.46 Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205.

C.47 Reserved
C.48 Reserved
C.49 Executive Order N-6-22 Russia Sanctions
March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine Redlands Regular Meeting of 12-17-2024 86 of 1598
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(https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-countryinformation/ukraine-russia-related-sanctions), as well as any sanctions imposed under state law (https://www.dgs.ca.gov/OLS/Ukraine-Russia). The EO directs state agencies and their Contractors (including by agreement or receipt of a grant) to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should it be determined that Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. Contractor shall be provided advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the County.

C.50 Reserved
C.51 Reserved
D. TERM OF CONTRACT
This Contract is effective as of December 3, 2024, and expires June 30, 2027 but may be terminated earlier in accordance with provisions of this Contract.

E. COUNTY RESPONSIBILITIES
E.1 OHS shall provide technical assistance to Contractor.

E.2 OHS shall participate in evaluating the progress of the overall program.

E.3 OHS shall monitor Contractor on a regular basis in regard to compliance with Contractual requirements.

F. FISCAL PROVISIONS
County shall pay Contractor for services performed, products provided, or expenses incurred in accordance with EXHIBIT 2 - FISCAL PROVISIONS. County is not responsible for any fees or costs incurred above or beyond the contracted amount and shall have no obligation to purchase any specified amount of services or product. Unless otherwise specifically stated in EXHIBIT 2 - FISCAL PROVISIONS, County shall not be responsible for payment of any of Contractor’s expenses related to this Contract. One hundred percent (100%) of HHAP funds allocated to Contractor, pursuant to this Contract, shall be expended by May 14, 2027 (“Expenditure Deadline”).

G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the Redlands Regular Meeting of 12-17-2024 87 of 1598
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performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, Contractors and Subcontractors.

All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.

The Contractor hereby waives all rights of subrogation against the County.

G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or selfinsurance programs carried or administered by the County.

G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross-liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.

G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.

G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore Redlands Regular Meeting of 12-17-2024 88 of 1598
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unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.

If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:

G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract.

If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.

G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.

G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

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If the Contractor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.

G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

G.11.5 Professional Liability – Professional Liability Insurance with limits of not less than one million ($1,000,000) per claim and two million ($2,000,000) aggregate limits or
Errors and Omissions Liability Insurance – Errors and Omissions Liability Insurance with limits of not less than one million ($1,000,000) and two million ($2,000,000) aggregate limits
or
Directors and Officers Insurance coverage with limits of not less than one million ($1,000,000) shall be required for Contracts with charter labor committees or other not-for-profit organizations advising or acting on behalf of the County.

If insurance coverage is provided on a “claims made” policy, the “retroactive date” shall be shown and must be before the date of the state of the contract work. The claims made insurance shall be maintained or “tail” coverage provided for a minimum of five (5) years after contract completion.

G.11.6 Reserved
G.11.7 Cyber Liability Insurance - Cyber Liability Insurance with limits of no less than $1,000,000 for each occurrence or event with an annual aggregate of $2,000,000 covering privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion and network security. The policy shall protect the involved County entities and cover breach response cost as well as regulatory fines and penalties.

Abuse/Molestation Insurance – Contractor shall have abuse or molestation insurance providing coverage for all employees for the actual or threatened abuse or molestation by anyone of any person in the care, custody, or control of any insured, including negligent employment, investigation and supervision. The policy shall provide coverage for both defense and indemnity with liability limits of not less than one million dollars ($1,000,000) with a two million dollars ($2,000,000) aggregate limit.

H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, Redlands Regular Meeting of 12-17-2024 90 of 1598
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and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.

H.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of five years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.

I. CORRECTION OF PERFORMANCE DEFICIENCIES
I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.

I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County
Office of Homeless Services
560 E. Hospitality Ln. Ste. 200
San Bernardino, CA 92415-0044
City of Redlands
35 Cajon Street, Suite 222
Redlands, CA 92373
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated Redlands Regular Meeting of 12-17-2024 91 of 1598
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by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

L. ELECTRONIC SIGNATURES
This Agreement may be executed in any number of counterparts, each of which so executed shall be deemedtobeanoriginal,andsuchcounterparts shalltogether constituteoneandthesameAgreement. The parties shall be entitledtosignandtransmitanelectronic signatureofthisAgreement(whether by facsimile, PDF or other mail transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement uponrequest.

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IN WITNESS WHEREOF, San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Suzanne Bryant, Deputy County Counsel Marcus Dillard, Chief of Homeless Services Date Date Date
SAN BERNARDINO COUNTY City of Redlands
(Print or type name of corporation, company, Contractor, etc.) B
y
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Eddie Tejeda
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Mayor
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:

Deputy
Address 35 Cajon Street, Suite 222
Redlands, CA 92373
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EXHIBIT 1
HHAP-4 AWARD BY CATEGORY
Project Component Type Operating Subsidy
Funding Costs for Case Management for PSH program
Population Focus Individuals who were formerly chronically homeless residents living at Step Up in Redlands
Eligible Use
Category Description of Services Cost Award / Allocation Service Unit Number
Expected to be
Served
Operating
Subsidies
• Staffing expenses
• (salaries + benefits)
• Operating facilities to provide
services to clients
- Supplies, Equipment, software,
telephone, communications,
insurance and staff
training/travel/Development
$300,000 $300,000 120 120
Total Award $300,000
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EXHIBIT 2

FISCAL PROVISIONS
A. Method, Time, and Conditions of Payment
a. CONTRACTOR shall be reimbursed by COUNTY, for an amount not to exceed $300,000. Said funds shall be spent according to the Budget shown below.

Agency: City of Redlands
Budget
December 3, 2024, through June 30, 2027
Eligible Use Category Award/Allocation Service Unit
(Individuals)
Average Cost
per client
Operating Subsidies:
• Case Management $300,000 120 $2,500
Total Award $300,000.00 120 Individuals $2,500 per client Note: The table above may be changed (without changing the Total amount) with written approval from OHS. b. CONTRACTOR’s expenses will only be utilized for eligible costs. CONTRACTOR shall submit Expenditure Reports (see EXHIBIT 7 – EXPENDITURE REPORT) of eligible costs on a monthly basis no later than thirty (30) days after the end of each month in which the costs were incurred. Each claiming period shall consist of a calendar month.
c. With each Expense Report of eligible costs, CONTRACTOR shall submit:

1. All general and approved activity specific items identified in the Expenditure Report Checklist of the Comprehensive HHAP-4 (see EXHIBIT 8 – HHAP-4 EXPENDITURE REPORT CHECKLIST).

2. If the required supporting documentation is not provided, COUNTY may delay advancements until the documentation is received by COUNTY. COUNTY reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this Contract.

3. The following items shall be submitted for Case Management and Service Coordination:
i. Cost allocation reports covering the month claimed for the HHAP-4 program.

4. The following must be submitted for employee wages and fringe benefits claimed:
i. Employee Time and Activity Logs for each employee that includes date work was performed, description of work, notes, eligible activity, hours worked for the day, total number of hours worked related to project worked and signed by employee and supervisor. ii. Time sheet that details all hours worked, including holiday, vacation, sick and any other time charged to contract.
iii. Proof of direct deposit which includes employee’s full name, hourly rate, taxes, benefits, total amount that was deposited into the employee’s account.

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iv. Payroll Registers for the pay periods included in the claim. v. Proof of payment for all fringe benefits premiums claimed for reimbursement.

5. At least once per fiscal year provide:
i. Worker’s Compensation Insurance rates for each class of employee charged to the program. ii. Fringe benefits premium rates with a breakdown of the employee and employer’s contributions. Contractor will not be compensated for the employee’s contribution to fringe benefits premiums (if applicable).
iii. Rate of employer’s contribution to employee retirement accounts (if applicable).

6. For all non-payroll related expenses submit copies of receipts, invoices, or bill expenses with reimbursement for this category along with proof of payments, (i.e., copy of canceled check/EFT with bank statements or credit card) and proof that the credit card was paid, if a credit card was used.

7. The following items shall be submitted for Rapid Rehousing and Rental Assistance:
i. Submit copies of leases, rental assistance agreements, receipts, invoices, or bill expenses with reimbursement for this category along with proof of payments, (i.e., copy of canceled check/EFT with bank statements or credit card) and proof that the credit card was paid, if a credit card was used.

8. Travel expenses must be kept in a mileage log and have maps associated with each of the trips.

The log should maintain a start and end vehicle mileage with the total number of miles traveled and for what purpose. All travel claimed must be associated with the HHAP-4 program. d. All complete reports submitted in a timely manner shall be processed within thirty (30) calendar days.
e. All HHAP-4 funds shall be expended by the termination date of this Contract. f. Expenditure Deadlines:

Percentage of HHAP-4
Award That Must be
Expended
Milestone Deadlines
20% 120 Days after Execution of Contract
50% 364 Days after Execution of Contract
75% 310 Days Prior to the Expenditure Deadline
g. CONTRACTOR must expend:

1. No less than fifty percent (50%) of HHAP-4 funds by December 31, 2025.

2. One hundred percent (100%) of HHAP-4 funds by May 14, 2027.

3. “Expend” means all HHAP-4 funds obligated under this Contract or subcontracts have been fully paid and receipted, and no invoices remain outstanding.

Reports submitted by the CONTRACTOR will be used to ensure that CONTRACTOR is on track to expend fifty percent (50%) of HHAP-4 funds by December 31, 2025, and one hundred percent (100%) Redlands Regular Meeting of 12-17-2024 96 of 1598
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of HHAP-4 funds by May 14, 2027. CONTRACTOR may submit a request to OHS prior to December 31, 2025, if CONTRACTOR is not on track to expend 50% of the HHAP-4 funds by December 31, 2025, proposing an alternative expenditure rate to meet the May 14, 2027, 100% expenditure deadline with justification. The Chief of Homeless Services may approve, modify, or deny such request.

If, by August 24, 2026, CONTRACTOR has not submitted reports showing an expenditure of at least seventy five percent (75%) of the HHAP-4 funds, the remaining twenty percent (25%) will be returned and reallocated.
h. HHAP-4 funds may not be obligated and expended prior to the effective date of this Contract. “Obligate” means that CONTRACTOR has placed orders, entered into sub-contracts, received services, or entered into similar transactions that require payment from the Contract award. i. All proceeds from any interest-bearing account established by the CONTRACTOR for the deposit of HHAP-4 funds must be used for HHAP-4 eligible activities. Documentation of all expenditures and accrued interest shall be reported on the forms provided by OHS (see EXHIBIT 7 – Expenditure Report). j. Any housing-related activities funded with HHAP-4 funds, including but not limited to, emergency shelter, rapid-rehousing, rental assistance, transitional housing and permanent supportive housing must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institution Code Section 8255(b).
k. CONTRACTOR confirms that rental assistance will be issued directly to a property owner, or an agent authorized to act on behalf of a property owner.
l. For all programs and services for which there are sources of funds in addition to COUNTY funds as provided under this Contract, CONTRACTOR shall provide proof of such funding. CONTRACTOR must be able to account for the receipt, obligation and expenditure of funds.

1. The COUNTY shall NOT pay for any services provided by CONTRACTOR which are funded by other sources. All restrictions and/or requirements provided in this Contract relative to accounting, budgeting, and reporting apply to the total program regardless of funding sources. m. The COUNTY reserves the right to reduce the Contract award when the COUNTY’s fiscal monitoring indicates that CONTRACTOR’s rate of expenditure will result in unspent funds at the end of the Contract term or if it is determined that costs incurred are not in conformance with eligible costs as defined in Health and Safety Code Section 50214. Changes in the Contract award will be done after consultation with CONTRACTOR. Such changes shall be incorporated into this Contract by written amendment(s). n. CONTRACTOR shall accept all payments from COUNTY via electronic funds transfer (EFT) directly deposited into the CONTRACTOR’s designated checking or other bank account. CONTRACTOR shall promptly comply with directions and accurately complete forms provided by COUNTY required to process EFT payments.
o. COUNTY is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on CONTRACTOR or on any taxes levied on employee wages. The County shall only pay for any state or local sales or use taxes on the services rendered or equipment and/or parts supplied to the COUNTY pursuant to the Contract.
p. Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by COUNTY. CONTRACTOR shall not use current year funds to pay prior or future year obligations. Disbursements to Contractor are Net 30. q. Funds made available under this Contract shall not supplant any federal, state or any governmental Redlands Regular Meeting of 12-17-2024 97 of 1598
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funds intended for services of the same nature as this Contract. CONTRACTOR shall not claim reimbursement or payment from COUNTY for, or apply sums received from COUNTY with respect to that portion of its obligations that have been paid by another source of revenue. CONTRACTOR agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the COUNTY.
r. CONTRACTOR shall adhere to the COUNTY’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the COUNTY.

In addition, CONTRACTOR is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.

A.1 Documentation of Costs and Other Financial Reporting a. CONTRACTOR will be required to maintain books, records, documents, and other evidence directly related to the performance of work in accordance with Generally Acceptable Accounting Procedures.

Costs shall be supported by properly executed payrolls, time records, invoices, receipts, vouchers or other official documentation, as evidence of the nature and propriety of the charges. b. The CONTRACTOR shall retain all documentation related to the services provided and all financial records associated with this Agreement for a period of five (5) years following the termination of this contract. Such records shall be made available for inspection upon reasonable request by the COUNTY during this retention period.
c. All accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible, and upon reasonable notice, the COUNTY shall have the right to audit the records of the CONTRACTOR as they relate to the Contract and the activities and services described herein.

CONTRACTOR shall also:

1. Maintain an effective system of internal fiscal control and accountability for all HHAP-4 funds and property acquired or improved with HHAP-4 funds, and make sure the same are used solely for authorized purposes.

2. Keep a continuing record of all disbursements by date, payment method, amount, vendor, description of items purchased and line item from which the money was expended, as reflected in the CONTRACTOR’s accounting records.

3. Maintain payroll, financial, and expense reimbursement records for a minimum period of five (5) years after the termination of this Contract.

4. Permit inspection and audit of its records with respect to all matters authorized by this Contract by representatives of the County at any time during normal business hours and as often as necessary.

5. Inform the COUNTY concerning any funds allocated to CONTRACTOR, that the CONTRACTOR anticipates will not be expended during the term of this Contract.

6. Repay the COUNTY any funds in its possession at the time of the termination of this Contract that may be due to the COUNTY (e.g., ineligible costs, unexpended funds, etc.).

A.2 Funding
a. This Contract is valid and enforceable only if sufficient funds are made available to COUNTY by legislative appropriation. In addition, this Contract is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether Federal or those of the State, or of any agency, Redlands Regular Meeting of 12-17-2024 98 of 1598
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department, or any political subdivision of Federal or the State governments, which may affect the provisions, terms or funding of this Contract in any manner. b. CONTRACTOR must establish and maintain effective internal controls over all funding awarded to CONTRACTOR by the COUNTY to provide reasonable assurance that CONTRACTOR complies with Federal, State, and COUNTY statutes, regulations, and terms and conditions of the Contract. c. COUNTY may base funding for CONTRACTOR upon positive performance outcomes, which OHS will monitor throughout the year.
d. CONTRACTOR must be able to demonstrate that HHAP-4 funds were expended for eligible uses to benefit members of the Target Population.
e. Funds allocated pursuant to this Contract shall be used exclusively for costs included in CONTRACTOR’s program budget (see EXHIBIT 1 – HHAP-4 AWARD BY CATEGORY). Contract funds shall not be used as security or to guarantee payments for any non-program obligations nor as loans for non-program activities.
f. CONTRACTOR certifies and agrees that it will not use funds provided through this Contract to pay for entertainment, gifts, or fundraising activities.

A.3 Ineligible Costs
a. HHAP-4 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of HHAP-4 and the eligible uses identified in California Health and Safety Code Sections 50218 and 50219.
b. The COUNTY or the State reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this Contract. If CONTRACTOR or its Subcontractors use HHAP-4 funds to pay for ineligible activities, Contractor shall be required to reimburse these funds to the COUNTY within thirty (30) days of the request.

1. An expenditure which is not authorized by this Contract, or which cannot be adequately documented, shall be disallowed and must be reimbursed to the COUNTY by CONTRACTOR.

2. The State, at its sole and reasonable discretion, shall make the final determination regarding the allowability of expenditures of HHAP-4 funds.

3. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. HHAP-4 funds cannot replace local funds that are committed to an existing or developing homeless assistance program. However, if funds previously supporting a service or project end or are reduced for reasons beyond the control of CONTRACTOR and services or housing capacity will be lost as a result of these funds ending, HHAP-4 funds may be used to maintain the service or program and are not considered supplanting [examples include, but are not limited to, a time-limited city and/or county tax or one-time block grant, such as Homeless Emergency Aid Program (HEAP) grant].

A.4Withheld Payments
Payments to CONTRACTOR may be withheld by COUNTY if CONTRACTOR fails to comply with any provision of this Contract.

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A.5 Disallowance
a. If CONTRACTOR receives payment under this Contract which is later disallowed by COUNTY for nonconformance with this Contract, CONTRACTOR shall be required to promptly reimburse these funds to COUNTY and shall be prohibited from submitting to COUNTY reimbursement requests for subsequent HHAP-4 funds until COUNTY is fully reimbursed or, at its option, COUNTY may offset the amount disallowed from any payment due to CONTRACTOR.
b. If it is determined that a CONTRACTOR falsified any certification, RFA information, financial, or contract report, CONTRACTOR shall be required to reimburse the full amount of HHAP-4 award to COUNTY, and may CONTRACTOR be prohibited from any further participation in HHAP-4. COUNTY may impose any other actions permitted under 24 CFR 576.501 (c).

A.6 Fiscal Accountability
a. CONTRACTOR agrees to manage funds received through COUNTY in accordance with sound accounting policies; incur and claim only eligible costs for reimbursement; and adhere to accounting standards established in 2 CFR Part 200.
b. CONTRACTOR must establish and maintain on a current basis an accrual accounting system in accordance with generally accepted accounting principles and standards. Further, CONTRACTOR must develop an accounting procedure manual. Said manual shall be made available to COUNTY upon request or during fiscal monitoring visits.

A.7 Financial Management
a. Review, understanding, and certification that quarterly expenditure reports submitted to the COUNTY meet eligible expenses under HHAP-4 and State requirements. The COUNTY shall have no obligation to advance or pay CONTRACTOR with any funds other than HHAP-4 funds (with the exception of CONTRACTOR receiving a HHAP-5 AWARD) the COUNTY receives from the State. b. CONTRACTOR attests that by submitting a monthly expenditures report to OHS, it has completed all due diligence necessary and verified eligibility for HHAP-4 funding. CONTRACTOR shall be required to repay COUNTY for non-eligible expenditures that may inadvertently be processed by the COUNTY. c. Subsequent disbursements after the first disbursement, are dependent upon CONTRACTOR properly documenting the expenses/expenditure reports to cover the previous disbursement.

A.8 Budget Changes
a. CONTRACTOR agrees that no changes shall be made to CONTRACTOR’s HHAP-4 budget without first obtaining prior approval. No more than the amounts specified in EXHIBIT 1 – HHAP-4 AWARD BY CATEGORY may be spent for the separate cost categories specified in the budget summary. Any changes to this Contract must be requested by CONTRACTOR in writing through OHS. Changes must be approved by the COUNTY and/or the State.

A.9 Budget Amendments
a. CONTRACTOR shall make no changes to the budget without first obtaining written approval from the COUNTY. Any budget amendments must be requested by the CONTRACTOR in writing within 180 days of the contract expiration.

A.10 Equipment and Other Property
a. All equipment, materials, supplies or property of any kind (including vehicles, publications, copyrights, etc.) purchased with HHAP-4 funds received under the terms of this Contract which has a life Redlands Regular Meeting of 12-17-2024 100 of 1598
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expectancy of one (1) year or more shall be the property of the COUNTY and shall be subject to the provisions of this paragraph. The disposition of equipment or property of any kind shall be determined by the COUNTY when the Contract is terminated. Additional terms are as follows:

1. The purchase of any furniture or equipment which was not included in CONTRACTOR’s approved budget, shall require the prior written approval of the COUNTY, and shall fulfill the provisions of this Contract which are appropriate and directly related to CONTRACTOR’s services or activities under the terms of the Contract. The COUNTY may refuse approval for any cost resulting from such items purchased, which are incurred by CONTRACTOR, if prior written approval has not been obtained from the COUNTY.

2. Before equipment purchases made by CONTRACTOR are approved by the COUNTY, CONTRACTOR must submit paid vendor receipts identifying the purchase price, description of the item, serial numbers, model number and location where equipment will be used during the term of this Contract.

3. CONTRACTOR shall submit an inventory of equipment purchased under the terms of this Contract as part of the expenditures report for the month in which the equipment is purchased.

CONTRACTOR must also maintain an inventory of equipment purchased that, at a minimum, includes the description of the property, serial number or other identification number, title holder, acquisition date, cost of the equipment, location, use and condition of the property, and ultimate disposition data. A physical inventory of the property must be reconciled annually. Equipment should be adequately maintained and a control system in place to prevent loss, damage, or theft.

Equipment with cost exceeding COUNTY’s capitalization threshold of $5,000 must be depreciated.

4. No costs incurred prior to the Contract commencement date shall be eligible for reimbursement with HHAP-4 funds.

5. Upon termination of this Contract, CONTRACTOR will provide a final inventory to the COUNTY and shall at that time query the COUNTY as to requirements, including the manner and method in returning equipment to the COUNTY. Final disposition of such equipment shall be in accordance with instructions from the COUNTY.

A.11 Final Advance
Unless approved by OHS in writing, all final requests for disbursement of authorized HHAP-4 expenditures under this Grant must be submitted to OHS no later than January 1, 2027.

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EXHIBIT 3

SCOPE OF WORK
A. GENERAL REQUIREMENTS
CONTRACTOR shall carry out the following responsibilities between December 3, 2024, to June 30, 2027:

A.1 Service Requirements
The City of Redlands seeks operating subsidies for case management services for up to 120 formerly chronically homeless residents of Step Up in Redlands, a motel conversion project funded by the Housing and Community Development's Project Homekey Round 2 that provides 98 permanent supportive housing units.

Services will include:
a. Case Management
Case Management is provided onsite at Step Up on Second Homekey Redlands site. Frequency is dependent on members’ acuity levels as outlined in individualized service plan (ISP). b. Frequency ranges from multiple times a week to once a month to equip and improve their quality of life.
c. Service Coordinators are available Monday – Friday (except holidays), during regular business hours (8:00-4:30) for a total of 40 hours per week.
d. Linkages to all services, includes:

1. Increasing income,

2. Linkages to mainstream benefits,

3. Vocational services,

4. Basic life skills development,

5. Food resources,

6. Mental health services,

7. Connection to health care services,

8. In-home supportive services,

9. Securing identification cards, driver’s license, and birth certificates,

10. Linkage to apply for SSI, Medicaid, or VA benefits

11. Connections to nutrition services, and other essential entities to increase independence.

12. Referrals to mental and physical health services,

13. Linkage to primary care physician, mental health providers, or community health clinic.

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14. On site linkage support through Health Homes, ILOS, ECM.

Performance Measurement Requirements
Measurement Outcome
# of households
(Note: Performance Report should include
breakdown of each type e.g. Single Adult, Youth
and Families)
98 households
# of people served
(Note: Performance Report should include
breakdown of each type e.g. Single Adult, Youth
and Families)
120 of Persons
# of households to achieve housing stability 88 Households # of persons to achieve housing stability 108 Persons
Percentage of persons exiting back into
Homelessness No more than 10%
Percentage of eligible/willing persons served to
retain or obtain mainstream benefits 90%
Percentage of eligible and willing person to
maintain or increase income/employment 90%
A.2 Project Detail
Project Component Type Services
Funding Costs for Case Management for PSH program
Population Focus Individuals who were formerly chronically homeless residents living at Step Up in Redlands
A.3 Presentation of Services
CONTRACTOR shall:
a. Provide effective administrative management of the budget, staffing, recording, and reporting portion of the Contract with the COUNTY. If administrative responsibilities are delegated to Subcontractors, the CONTRACTOR must ensure that any Subcontractor(s) possess the qualifications and capacity to perform all delegated responsibilities. Responsibilities include but are not limited to the following:

1. Designate the responsible position(s) in your organization for managing the funds allocated to this program.

2. Maximize the use of the allocated funds.

3. Ensure timely and accurate reporting.

4. Maintain appropriate staffing levels.

5. Ensure staff possess the qualification and capacity to perform responsibilities tied to the staff’s position.

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6. Effectively communicate and monitor the program for its success.

7. Maintain communication between the CONTRACTOR and OHS.

8. Act quickly to identify and solve problems.
b. Ensure that all program sites are well maintained.
c. Provide one (1) or more staff will work with the participants to apply for available housing units.

The staff should work closely with any Housing Navigators working and collaborate with existing systems to ensure maximum utilization of services and reduce duplicative efforts. This includes, but is not limited to, assistance with all issues related to securing housing such as developing housing leads, identifying landlords willing to work with the population, creating suitable housing plans from available stock, working with landlords to develop positive relationships, assisting participants to be document ready for housing interviews, and assisting with transportation for housing search purposes. Staff will meet with property managers, coach residents to be successful when meeting with potential property managers and prepare them for moving into a unit. Staff may also work to develop shared housing options for residents. Staff will work in collaboration with the participant’s case manager to ensure both parties are aware of one another’s efforts and progress. Caseloads should be limited to fifteen (15) participants at any given time.
d. Provide one (1) or more staff will assist the participants with linkage to supportive services if participants are not connected to supportive services in order to receive needed services. Staff will also assist with all housing search activities as described above. e. CONTRACTOR shall, at a minimum, provide the following staffing pattern expressed in Full-Time Equivalents (FTEs) continuously throughout the term of the Contract. One (1) FTE shall be equal to an average of forty (40) hours work per week.

PROGRAM FTEs
Program Manager 0.25
Service Coordinator 1
Service Coordinator 0.85
TOTAL FTEs 2.10
f. CONTRACTOR shall maintain personnel files for each staff member, which will include, but not be limited to, an application for employment, qualifications for the position, documentation of bicultural/bilingual capabilities (if applicable), pay rate and evaluations justifying pay increases.

B. PROGRAM REQUIREMENTS
Contractor shall adhere to the following:

B.1 Coordinated Entry System (CES)
a. The CES is a referral process that currently coordinates with the SBC CoC. All those participating with CES will need to apply to participate with the Homeless Management Information System (HMIS).
b. CONTRACTOR must notify the CES within 10 days of award of the HHAP-4 funding by utilizing the online 211 Registration form located at: 211 Registration Form (wufoo.com) Redlands Regular Meeting of 12-17-2024 104 of 1598
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c. CONTRACTOR must work in collaboration with CES and SBC CoC to ensure the screening, assessment, and referral of HHAP-4 participants are consistent with the eligible uses under HHAP-4.
d. CONTRACTOR agrees to receive referrals from CES prior to providing services with the exception of individuals receiving emergency assistance. In such cases, immediate services can be provided, but individuals and/or families must be referred by Contractor to CES for assessment and prioritization within seventy-two (72) hours. CONTRACTOR understands that individuals and/or families may not be referred to CONTRACTOR and may be referred to another service provider based upon the CES assessment.

B.2 Data Reporting
a. CONTRACTOR will submit to OHS detailed reports containing information listed in EXHIBIT 3 – SCOPE OF WORK, Section C.
b. A report will be due forty-five (45) days after the date of expiration of this Contract or upon completion of Contract services. Reports should be submitted via File Transfer Program (FTP). c. CONTRACTOR shall submit additional reports as required by the State or COUNTY.

B.3 Monitoring
a. The COUNTY has the right to monitor the Contract during the Contract period to ensure accuracy of expenditure reports and compliance with applicable laws and regulations. b. CONTRACTOR agrees to furnish duly authorized representatives from the COUNTY and the State access to all financial records necessary to review or audit Contract services and to evaluate the cost, quality, and appropriateness of services.
c. If the State or the COUNTY determines that all, or any part of, the payments made by the COUNTY to CONTRACTOR pursuant hereto are not eligible expenses in accordance with this Contract, said funds will be repaid by CONTRACTORto the COUNTY. In the event such payment is not made on demand, the COUNTY may withhold future disbursements to CONTRACTOR until such disallowances are paid by CONTRACTOR. If disallowable expenses are not reimbursed within thirty (30) days of demand, the Contract will terminate without consultation at the COUNTY’s sole and absolute discretion.
d. If there is a conflict between a State audit of this Contract and a COUNTY audit of this Contract, the State audit shall take precedence.

B.4 Closeout
a. CONTRACTOR shall submit a closeout report including a narrative of the project outcomes, an inventory of all equipment and property acquired or improved by HHAP-4 funds, and a final financial report, upon termination or completion of the services specified in this Contract. b. CONTRACTOR agrees to adhere to and comply with all the closeout procedures detailed below; including, but not limited to the following:

1. Disposition of program assets shall be determined by the COUNTY when the Contract is terminated.

2. CONTRACTOR shall submit within forty-five (45) days after the date of expiration of this Contract, all financial, performance, and other reports required by this Contract; and in addition, will cooperate in a program audit by the COUNTY.

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3. Any unobligated/unexpended funds disbursed in advance to CONTRACTOR shall be returned to the COUNTY within thirty (30) days after the expiration of the Contract term, or in accordance with Section B.3.5.h, whichever occurs first. This obligation shall survive the termination of the Contract.

4. CONTRACTOR must account for any real and personal property acquired with HHAP-4 funds.

5. Closeout will remain pending until all requirements are met and all outstanding issues with the CONTRACTOR have been resolved to the satisfaction of the COUNTY.

B.5 Homeless Management Information System
The HMIS is a local database application used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness in the COUNTY. CONTRACTOR must ensure that data on all persons served are entered into the countywide HMIS. HMIS is managed and operated by OHS. HMIS technical and data standards are set forth in the Final 2024 HMIS Data Standards, on file with OHS. a. CONTRACTOR shall enter into a Memorandum of Understanding (MOU) with the HMIS Lead Agency where the CONTRACTOR agrees to share HMIS data with other HHAP-4 funded agencies, unless prohibited by law.
b. CONTRACTOR is required to work with OHS staff to ensure the timely and accurate set-up of their HMIS program profile and to ensure the HMIS program profile is setup in a manner that accurately captures the data pertinent to CONTRACTOR’s program. CONTRACTOR’s program profile must be setup prior to CONTRACTOR submitting their first HHAP-4 Disbursement Request form (see EXHIBIT 9 – HHAP-4 DISBURSEMENT REQUEST).
c. CONTRACTOR shall submit a copy of HMIS reports (see EXHIBIT 4 – HMIS CLIENT DATA REPORT SAMPLE) with the quarterly expenditure reports. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the CONTRACTOR is using a comparable database shall be delivered to the COUNTY. The contact information for the "HMIS Lead Agency" is:

Christopher Salazar, HMIS Lead
San Bernardino County
Office of Homeless Services
560 E. Hospitality Ln., Ste. 200
San Bernardino CA 92415-0044
[email protected]
Phone: 909-501-0610
d. CONTRACTOR must ensure all required data elements, as listed below, are entered into the HMIS system for HHAP-4 participants, in a timely manner, and is inputted no later than two (2) working days after program entry. Services rendered to clients must be entered into HMIS no later than two (2) working days from date of service(s). All clients who exit the program must have an updated status in HMIS within two (2) working days from actual exit date. Failure to meet the above data inputting requirements will constitute a violation of the terms and conditions of this Contract. CONTRACTOR will be notified by OHS, and if not rectified, the Contract may be terminated at the COUNTY’s sole and absolute discretion. e. In addition to the timely entry of HMIS data, CONTRACTOR is required to enter accurate and complete data. The COUNTY will ensure CONTRACTOR adheres to Data Quality Standards, as established by HUD, and data entry requirements, as set forth in the HMIS MOU and the OHS Redlands Regular Meeting of 12-17-2024 106 of 1598
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Policy Handbook. The Data Quality Standards assess the data quality and completeness of the following Data Elements entered:

1. Client Demographic Data
i. Name
ii. Social Security Number
iii. Date of Birth
iv. Race
v. Ethnicity
vi. Gender
vii. Veteran Status

2. Universal Data
i. Disabling Condition
ii. Project Start Date
iii. Project Exit Date
iv. Destination
v. Relationship to Head of Household
vi. Client Location
vii. Housing Move-in Date
viii. Living Situation

3. Common Program Specific Data Elements
i. Income and Sources
ii. Non-Cash Benefits
iii. Health Insurance
iv. Disability Elements
v. Physical Disability
vi. Developmental Disability
vii. Chronic Health Condition
viii. HIV/AIDS
ix. Mental Health Problem
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x. Substance Abuse
xi. Domestic Violence
xii. Contact
xiii. Date of Engagement
xiv. Bed-Night Date
xv. Housing Assessment Disposition

4. Data Timeliness
i. Entry Timeliness
ii. Exit Timeliness
f. According to Data Quality Standards, CONTRACTOR is required to have a five-percent (5%) or less error rate to ensure data accuracy and less than a five-day lapse in timeliness for entry of data at time of client entry, services are rendered, and client exit. Any performance benchmarks not meeting these standards will be captured on CONTRACTOR’s HMIS Data Quality Report Sample (see EXHIBIT 5 – HMIS DATA QUALITY REPORT). The report will be generated by CONTRACTOR and submitted quarterly with expenditure reports. OHS will review reports and data deficiencies, if any, will be identified and discussed with CONTRACTOR to determine methods to remediate and/or improve data quality scores. g. If CONTRACTOR continues to not meet data entry and data quality benchmarks, as established by HUD and set forth in the HMIS MOU and the OHS Policy Handbook, COUNTY may terminate Contract as set forth in Section I - CORRECTION OF PERFORMANCE DEFICIENCIES. h. CONTRACTOR agrees to provide the COUNTY and/or the State access to HMIS data collected and entered into HMIS, upon request, and to participate in any statewide data initiative as directed by the State including, but not limited to, a statewide data integration environment.

B.6 Housing First
The methodology of providing services will follow the Housing First policy. This is an approach that offers permanent, affordable housing as quickly as possible for individuals and families experiencing homelessness, and then provides the supportive services and connections to the community-based supports people need to avoid returning to homelessness. HHAP-4 projects must align and comply with the core components of Housing First as defined in California Welfare and Institutions Code Section 8255(b) (see Exhibit 6 – CALIFORNIA WELFARE AND INSTITUTIONS CODE SECTION 8255).

B.7 Program Participant Eligibility
CONTRACTOR shall ensure that:
a. HHAP-4 participants meet the Homeless definition as defined in Section 578.3 of Title 24 of the Code of Federal Regulations:

1. An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
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beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;
ii. An individual or family living in a supervised publicly or privately-operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by Federal, State and local government programs for low-income individuals); or iii. An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.

2. An individual or family who will imminently lose their primary nighttime residence, provided that:
i. The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance;
ii. No subsequent residence has been identified; and
iii. The individual or family lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, needed to obtain other permanent housing;

3. Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:
i. Are defined as homeless under Section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a), Section 637 of the Head Start Act (42 U.S.C. 9832), Section 41403 of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2), Section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), Section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)), or Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a);
ii. Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance;
iii. Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance; and iv. Can be expected to continue in such status for an extended period of time because of chronic disabilities; chronic physical health or mental health conditions; substance addiction; histories of domestic violence or childhood abuse (including neglect); the presence of a child or youth with a disability; or two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; or

4. Any individual or family who:
i. Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within Redlands Regular Meeting of 12-17-2024 109 of 1598
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the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence; ii. Has no other residence; and
iii. Lacks the resources or support networks, e.g., family, friends, and faith-based or other social networks, to obtain other permanent housing.
b. HHAP-4 participants are referred by CES to CONTRACTOR. c. CONTRACTOR coordinates program enrollment and services in collaboration with CES.

B.8 Job Training and Employment
CONTRACTOR agrees to refer HHAP-4 clients that are eligible for job training and employment services to the County of San Bernardino Workforce Development Department (WDD). Number of participants who have been referred to WDD will be reported on a quarterly basis by CONTRACTOR.

B.9 Staffing Requirements
CONTRACTOR shall provide the necessary professional staff to meet the needs of the homeless population following the Housing First model (e.g. Case managers, Clinicians, medical staff, peer advocates, employment specialists, and eligibility specialists). CONTRACTOR must have the readiness capacity to immediately perform and administer homeless efforts through HHAP-4 funding.

B.10 Non-Discrimination Requirements
CONTRACTOR and its subcontractors shall not deny the HHAP-4 contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONTRACTOR shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

CONTRACTOR and Subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. CONTRACTOR shall permit access by representatives of the Civil Rights Department and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. CONTRACTOR and its Subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
C. HHAP-4 REPORTING REQUIREMENTS
C.1 Detailed reports
a. CONTRACTOR shall submit reports containing, at minimum, the following information:

1. Amount awarded to CONTRACTOR with activity(ies) identified.

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2. Contract expenditures.

3. Unduplicated number of homeless persons and households served by HHAP-4 funds.

4. Unduplicated number of persons and households at imminent risk of homelessness served by HHAP-4 funds.

5. Number of instances of service.

6. Increases in capacity for new and existing programs.

7. Number of unsheltered homeless persons and homeless households becoming sheltered.

8. Number of homeless persons and homeless households entering permanent housing.

9. Number of homeless persons and households successfully exited from HHAP-4 (i.e., in permanent housing) that remain in permanent housing 12 months post-exit from HHAP-4.

10. Number of persons and households at imminent risk of homelessness successfully exited from HHAP-4 (i.e., in permanent housing) that remain in permanent housing 12 months post-exit from HHAP-4.

C.2 Reporting Breakdown by Activity
a. CONTRACTOR will provide reports with a breakdown for each activity (i.e. services, capital improvements, rental assistance, etc.) and program type (i.e. emergency shelter, rapid rehousing, outreach, etc.) for the supplemental reporting requirements listed above, when applicable. The same information will also be requested specifically for the following subpopulations, based on priorities defined by the U.S. Department of Housing and Urban Development (HUD):

1. Chronically homeless

2. Homeless veterans

3. Unaccompanied homeless youth

4. Homeless persons in families with children
Note: Counts by subpopulation will not be required in cases where that information is unavailable but is expected in cases where client information is entered in the Homeless Management Information System (HMIS).

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EXHIBIT 4

HMIS CLIENT DATA REPORT SAMPLE
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EXHIBIT 5

HMIS DATA QUALITY REPORT SAMPLE
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EXHIBIT 6
CALIFORNIA WELFARE AND INSTITUTIONS CODE SECTION 8255
State of California

WELFARE AND INSTITUTIONS CODE
Section 8255
8255.

For purposes of this chapter:
(a) “Council” means the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council established pursuant to Section 8257. (b) “Core components of Housing First” means all of the following:
(1) Tenant screening and selection practices that promote accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services. (2) Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of “housing readiness.” (3) Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness. (4) Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals. (5) Participation in services or program compliance is not a condition of permanent housing tenancy. (6) Tenants have a lease and all the rights and responsibilities of tenancy, as outlined in California’s Civil, Health and Safety, and Government codes.
(7) The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for eviction. (8) In communities with coordinated assessment and entry systems, incentives for funding promote tenant selection plans for supportive housing that prioritize eligible tenants based on criteria other than “first-comefirst-serve,” including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents. (9) Case managers and service coordinators who are trained in and actively employ evidence-based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling.
(10) Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants’ lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses. (11) The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health and community and independence among tenants.

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(c) “Homeless” has the same definition as that term is defined in Section 91.5 of Title 24 of the Code of Federal Regulations.
(d) (1) “Housing First” means the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Housing First providers offer services as needed and requested on a voluntary basis and that do not make housing contingent on participation in services.
(2) (A) “Housing First” includes time-limited rental or services assistance, so long as the housing and service provider assists the recipient in accessing permanent housing and in securing longer term rental assistance, income assistance, or employment.
(B) For time-limited, supportive services programs serving homeless youth, programs should use a positive youth development model and be culturally competent to serve unaccompanied youth under 25 years of age. Providers should work with the youth to engage in family reunification efforts, where appropriate and when in the best interest of the youth. In the event of an eviction, programs shall make every effort, which shall be documented, to link tenants to other stable, safe, decent housing options.

Exit to homelessness should be extremely rare, and only after a tenant refuses assistance with housing search, location, and move-in assistance.
(e) “State programs” means any programs a California state agency or department funds, implements, or administers for the purpose of providing housing or housing-based services to people experiencing homelessness or at risk of homelessness, with the exception of federally funded programs with requirements inconsistent with this chapter.
(Amended by Stats. 2021, Ch. 398, Sec. 3. (AB 1220) Effective January 1, 2022.) Redlands Regular Meeting of 12-17-2024 116 of 1598
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EXHIBIT 7

EXPENDITURE REPORT
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EXHIBIT 8

EXPENDITURE REPORT CHECKLIST
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EXHIBIT 9

DISBURSEMENT REQUEST
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September 10, 2024
City of Redlands
Attn: David Rabindranath
35 Cajon Street, Suite 222
Redlands, CA 92373
Re: Homeless Housing, Assistance and Prevention Program- Round 4 (HHAP-4) Request for Applications (RFA)
Dear Agency:

We are pleased to inform you that the Interagency Council on Homelessness (ICH) has adopted the funding recommendations for the Central Region and your agency has been recommended to receive HHAP-4 funding in the amount of $300,000.00.

Please submit an updated Scope of Work, Performance Metrics, and a Budget reflective of the recommended award by Thursday, September 19, 2024 to [email protected] and copy [email protected].

This award is tentative and conditional upon completion of contract negotiations and contract approval by the San Bernardino County Board of Supervisors.

If you have any questions, please contact the Office of Homeless Services at 909-501-0610.

Sincerely,
Annette Florez, Programs Administrative Supervisor
Office of Homeless Services
cc: Marcus Dillard
Christopher Salazar
Office of Homeless Services
Diane Rundles
Assistant Executive Officer
Carrie Harmon
Director, Community
Development & Housing
Marcus Dillard
Chief of Homeless Services
560 East Hospitality Lane, Suite 200, San Bernardino, CA 92415-0052 | Phone: 909.501.0600 Fax: 909.501.0646 Redlands Regular Meeting of 12-17-2024 122 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

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1 I:\cmo\Agreements\Step Up on Second Street, Inc. (HHAP 4 Grant SUS Homekey) FY24-0078 v.2.docx-msv2

HOMELESS RESOURCE SERVICES AGREEMENT
This agreement for the provision of Case Management Services related to maintaining and operating a Project HomeKey facility in Redlands, California (“Agreement”) is made and entered in this 17
th day of December 2024 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Step Up on Second Street, Inc., a California nonprofit public benefit corporation (“Provider”). City and Provider are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Provider agree as follows:

ARTICLE 1 – ENGAGEMENT OF PROVIDER

1.1 This Agreement is being funded by a Homeless Housing Assistance and Prevention Program (HHAP 4) Grant from the County of San Bernardino utilizing Step Up on Second as a subcontractor to provide Case Management Services at the Step Up In Redlands Homekey project.

1.2 City hereby engages Provider to provide case management services related to maintaining and operating a Project HomeKey facility in Redlands, California, and services for City (the “Services”).

1.3 The Services shall be performed by Provider in a professional manner, and Provider 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 Providers in the industry providing like and similar types of Services.

ARTICLE 2 – SERVICES OF PROVIDER

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

2.2 Provider 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. This Agreement is subject to any additional restrictions, limitations, conditions or statutes, regulations or any other laws whether federal, State of California or any agency, department or any political subdivision of the federal or State of California which may affect the provisions, terms or funding and this Agreement in any manner.

ARTICLE 3 – RESPONSIBILITIES OF CITY

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

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

4.2 The term of this Agreement shall be for a period of no more than two (2) years commencing as of the Effective Date, or unless terminated earlier as provided herein.

4.3 Provider shall provide all information required by City to conform to the reporting and auditing requirements of the HHAP 4 Grant as shown in Exhibit “B”, for which Services are associated as required by this Agreement. Submission of monthly expenditure report must be provided to the City no later than 15 days after the end of each month

4.4 If Provider’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 Provider to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO PROVIDER

5.1 Total compensation for Contractor’s performance of the Services shall not exceed the amount of Three Hundred Thousand Dollars ($300,000). City shall pay Provider on a time and materials basis up to the not to exceed amount in accordance with Exhibit “C,” titled “Rate Sheet,” which is attached hereto and incorporated herein by this reference.

5.2 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 PROVIDER
City Clerk Ivan Garcia, Senior Director of Programs
City of Redlands Step Up on Second Street, Inc.
35 Cajon Street 1328 Second Street
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3 I:\cmo\Agreements\Step Up on Second Street, Inc. (HHAP 4 Grant SUS Homekey) FY24-0078 v.2.docx-msv2 P.O. Box 3005 (mailing) Santa Monica, CA 90401
Redlands, CA 92373 [email protected]
[email protected] (909) 963-5335 Ext. 1902
(909) 798-7531
ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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

Provider 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 Provider is self-insured or exempt from the workers’ compensation laws of the State of California. Provider 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 ($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 Provider owned vehicles used in connection with Provider’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 Provider 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 Provider, or its officers, employees and agents in performing the Services.

Redlands Regular Meeting of 12-17-2024 126 of 1598
4 I:\cmo\Agreements\Step Up on Second Street, Inc. (HHAP 4 Grant SUS Homekey) FY24-0078 v.2.docx-msv2 ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Provider 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 Provider’s Services. Provider 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 Provider agrees it is not a designated employee within the meaning of the Political Reform Act because Provider:

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 Provider must disclose its financial interests, Provider 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 No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of City to enforce at any time the provisions of this Agreement, or to require at any time, performance by Provider of this Agreement, shall in no way be construed to be a waiver of such provision nor to affect the validity of this Agreement or the right City to enforce the provisions of this Agreement.

8.2 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 Redlands Regular Meeting of 12-17-2024 127 of 1598
5 I:\cmo\Agreements\Step Up on Second Street, Inc. (HHAP 4 Grant SUS Homekey) FY24-0078 v.2.docx-msv2 entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of inhouse counsel by a Party.

8.3 Provider 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.

8.4 Provider 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 Provider or Provider’s employees, except as herein set forth. Provider shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Provider are for its account only, and in no event shall Provider 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. Providershall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Provider have any authority, express or implied, to bind City to any obligation.

8.5 This Agreement may be terminated by either party, in its sole discretion, by providing not less than thirty (30) days prior written notice to Provider or City of their intent to terminate.

If this Agreement is terminated, an adjustment to Provider’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Provider at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Provider. Upon receipt of a termination notice, Provider 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, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Provider in performing the Services. Provider shall be compensated on a pro-rata basis for Services completed up to the date of termination.

8.6 Providershall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of five (5) years, or for any longer period required by law, from the date of final payment to Provider pursuant to this Agreement. City shall have the right to review, obtain and copy all records and supporting documentation pertaining to the performance of Services under the Agreement.

Such books shall be available upon reasonable notice and during normal business hours for examination, inspecting and copying of records and documentation related to the Services provided under this Agreement, by City at the office of Provider.

8.7 During the performance of this Agreement, Provider and its employees and subcontractors shall not unlawfully discriminate, harass, or allow harassment against an employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin, pregnancy, physical disability, mental disability, medical condition, age, genetic information, marital Redlands Regular Meeting of 12-17-2024 128 of 1598
6 I:\cmo\Agreements\Step Up on Second Street, Inc. (HHAP 4 Grant SUS Homekey) FY24-0078 v.2.docx-msv2 status, military and veteran status, denial of medical and family care leave, pregnancy disability leave or any other protected class under state or federal law. Provider shall ensure that the valuation and treatment of its employees and applicants for employment are free from such discrimination and harassment. Provider shall comply with the provisions of California law against discriminatory practices relating to such protected classes.

8.8 Provider agrees to comply with the Drug-Free Workplace Act of 1990 (Government Code Section 8350, et seq.) and have or will provide a drug-free workplace.

8.9 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 Provider.

8.10 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.

8.11 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 Provider have signed in confirmation of this Agreement.

CITY OF REDLANDS STEP UP ON SECOND STREET, INC.

By: ___________________________ By: _________________________ , Mayor Ivan Garcia, Senior Director of
Programs
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 12-17-2024 129 of 1598
7 I:\cmo\Agreements\Step Up on Second Street, Inc. (HHAP 4 Grant SUS Homekey) FY24-0078 v.2.docx-msv2 EXHIBIT "A"

SCOPE OF SERVICES
Case management will be provided onsite at Step Up on Second Homekey Redlands site located at 1675 Industrial Park Avenue, Redlands, CA 92374. Frequency is dependent on members’ acuity levels as outlined in individualized service plan (ISP). Frequency ranges from multiple times a week to once a month to equip and improve resident quality of life. Service Coordinators are available Monday – Friday (except holidays), during regular business hours (8:00 AM-4:30 PM) for a total of 40 hours per week. • Linkages to all services, including increasing income, linkages to mainstream benefits, vocational services, basic life skills development, food resources, mental health services, connection to health care services, in-home supportive services, securing identification cards, driver’s license, and birth certificates, SSI, Medicaid, nutrition services, and other essential entities to increase independence. • Referrals to mental and physical health services: Linkage to primary care physician, mental health providers, or community health clinic. On site linkage support through Health Homes, ILOS, ECM.

Performance Metrics
• Prevention of new instances of homelessness: Through proactive case management and early intervention strategies. The project will hold a 90% retention rate. • Data tracking: Utilize Homeless Management Information System (HMIS) data to track housing status, duration of homelessness, and retention rate. • Assessment of client need: Conduct annual assessments of clients housing stability and service engagement.

Redlands Regular Meeting of 12-17-2024 130 of 1598
8 I:\cmo\Agreements\Step Up on Second Street, Inc. (HHAP 4 Grant SUS Homekey) FY24-0078 v.2.docx-msv2 Staffing Profile
• Program Manager (.25 FTE)
• Service Coordinator I (1.85 FTE)
• Total=2.10 FTE
Redlands Regular Meeting of 12-17-2024 131 of 1598
9 I:\cmo\Agreements\Step Up on Second Street, Inc. (HHAP 4 Grant SUS Homekey) FY24-0078 v.2.docx-msv2 EXHIBIT "B"
Exhibit 2 – Fiscal Provisions
From the HHAP 4 Grant Agreement Between
County of San Bernardino
and
City of Redlands
Redlands Regular Meeting of 12-17-2024 132 of 1598
Revised 9/6/24 Page 23 of 49
EXHIBIT 2

FISCAL PROVISIONS
A. Method, Time, and Conditions of Payment
a. CONTRACTOR shall be reimbursed by COUNTY, for an amount not to exceed $300,000. Said funds shall be spent according to the Budget shown below.

Agency: City of Redlands
Budget
December 3, 2024, through June 30, 2027
Eligible Use Category Award/Allocation Service Unit
(Individuals)
Average Cost
per client
Operating Subsidies:
• Case Management $300,000 120 $2,500
Total Award $300,000.00 120 Individuals $2,500 per client Note: The table above may be changed (without changing the Total amount) with written approval from OHS. b. CONTRACTOR’s expenses will only be utilized for eligible costs. CONTRACTOR shall submit Expenditure Reports (see EXHIBIT 7 – EXPENDITURE REPORT) of eligible costs on a monthly basis no later than thirty (30) days after the end of each month in which the costs were incurred. Each claiming period shall consist of a calendar month.
c. With each Expense Report of eligible costs, CONTRACTOR shall submit:

1. All general and approved activity specific items identified in the Expenditure Report Checklist of the Comprehensive HHAP-4 (see EXHIBIT 8 – HHAP-4 EXPENDITURE REPORT CHECKLIST).

2. If the required supporting documentation is not provided, COUNTY may delay advancements until the documentation is received by COUNTY. COUNTY reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this Contract.

3. The following items shall be submitted for Case Management and Service Coordination:
i. Cost allocation reports covering the month claimed for the HHAP-4 program.

4. The following must be submitted for employee wages and fringe benefits claimed:
i. Employee Time and Activity Logs for each employee that includes date work was performed, description of work, notes, eligible activity, hours worked for the day, total number of hours worked related to project worked and signed by employee and supervisor. ii. Time sheet that details all hours worked, including holiday, vacation, sick and any other time charged to contract.
iii. Proof of direct deposit which includes employee’s full name, hourly rate, taxes, benefits, total amount that was deposited into the employee’s account.

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iv. Payroll Registers for the pay periods included in the claim. v. Proof of payment for all fringe benefits premiums claimed for reimbursement.

5. At least once per fiscal year provide:
i. Worker’s Compensation Insurance rates for each class of employee charged to the program. ii. Fringe benefits premium rates with a breakdown of the employee and employer’s contributions. Contractor will not be compensated for the employee’s contribution to fringe benefits premiums (if applicable).
iii. Rate of employer’s contribution to employee retirement accounts (if applicable).

6. For all non-payroll related expenses submit copies of receipts, invoices, or bill expenses with reimbursement for this category along with proof of payments, (i.e., copy of canceled check/EFT with bank statements or credit card) and proof that the credit card was paid, if a credit card was used.

7. The following items shall be submitted for Rapid Rehousing and Rental Assistance:
i. Submit copies of leases, rental assistance agreements, receipts, invoices, or bill expenses with reimbursement for this category along with proof of payments, (i.e., copy of canceled check/EFT with bank statements or credit card) and proof that the credit card was paid, if a credit card was used.

8. Travel expenses must be kept in a mileage log and have maps associated with each of the trips.

The log should maintain a start and end vehicle mileage with the total number of miles traveled and for what purpose. All travel claimed must be associated with the HHAP-4 program. d. All complete reports submitted in a timely manner shall be processed within thirty (30) calendar days.
e. All HHAP-4 funds shall be expended by the termination date of this Contract. f. Expenditure Deadlines:

Percentage of HHAP-4
Award That Must be
Expended
Milestone Deadlines
20% 120 Days after Execution of Contract
50% 364 Days after Execution of Contract
75% 310 Days Prior to the Expenditure Deadline
g. CONTRACTOR must expend:

1. No less than fifty percent (50%) of HHAP-4 funds by December 31, 2025.

2. One hundred percent (100%) of HHAP-4 funds by May 14, 2027.

3. “Expend” means all HHAP-4 funds obligated under this Contract or subcontracts have been fully paid and receipted, and no invoices remain outstanding.

Reports submitted by the CONTRACTOR will be used to ensure that CONTRACTOR is on track to expend fifty percent (50%) of HHAP-4 funds by December 31, 2025, and one hundred percent (100%) Redlands Regular Meeting of 12-17-2024 134 of 1598
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of HHAP-4 funds by May 14, 2027. CONTRACTOR may submit a request to OHS prior to December 31, 2025, if CONTRACTOR is not on track to expend 50% of the HHAP-4 funds by December 31, 2025, proposing an alternative expenditure rate to meet the May 14, 2027, 100% expenditure deadline with justification. The Chief of Homeless Services may approve, modify, or deny such request.

If, by August 24, 2026, CONTRACTOR has not submitted reports showing an expenditure of at least seventy five percent (75%) of the HHAP-4 funds, the remaining twenty percent (25%) will be returned and reallocated.
h. HHAP-4 funds may not be obligated and expended prior to the effective date of this Contract. “Obligate” means that CONTRACTOR has placed orders, entered into sub-contracts, received services, or entered into similar transactions that require payment from the Contract award. i. All proceeds from any interest-bearing account established by the CONTRACTOR for the deposit of HHAP-4 funds must be used for HHAP-4 eligible activities. Documentation of all expenditures and accrued interest shall be reported on the forms provided by OHS (see EXHIBIT 7 – Expenditure Report). j. Any housing-related activities funded with HHAP-4 funds, including but not limited to, emergency shelter, rapid-rehousing, rental assistance, transitional housing and permanent supportive housing must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institution Code Section 8255(b).
k. CONTRACTOR confirms that rental assistance will be issued directly to a property owner, or an agent authorized to act on behalf of a property owner.
l. For all programs and services for which there are sources of funds in addition to COUNTY funds as provided under this Contract, CONTRACTOR shall provide proof of such funding. CONTRACTOR must be able to account for the receipt, obligation and expenditure of funds.

1. The COUNTY shall NOT pay for any services provided by CONTRACTOR which are funded by other sources. All restrictions and/or requirements provided in this Contract relative to accounting, budgeting, and reporting apply to the total program regardless of funding sources. m. The COUNTY reserves the right to reduce the Contract award when the COUNTY’s fiscal monitoring indicates that CONTRACTOR’s rate of expenditure will result in unspent funds at the end of the Contract term or if it is determined that costs incurred are not in conformance with eligible costs as defined in Health and Safety Code Section 50214. Changes in the Contract award will be done after consultation with CONTRACTOR. Such changes shall be incorporated into this Contract by written amendment(s). n. CONTRACTOR shall accept all payments from COUNTY via electronic funds transfer (EFT) directly deposited into the CONTRACTOR’s designated checking or other bank account. CONTRACTOR shall promptly comply with directions and accurately complete forms provided by COUNTY required to process EFT payments.
o. COUNTY is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on CONTRACTOR or on any taxes levied on employee wages. The County shall only pay for any state or local sales or use taxes on the services rendered or equipment and/or parts supplied to the COUNTY pursuant to the Contract.
p. Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by COUNTY. CONTRACTOR shall not use current year funds to pay prior or future year obligations. Disbursements to Contractor are Net 30. q. Funds made available under this Contract shall not supplant any federal, state or any governmental Redlands Regular Meeting of 12-17-2024 135 of 1598
Revised 9/6/24 Page 26 of 49
funds intended for services of the same nature as this Contract. CONTRACTOR shall not claim reimbursement or payment from COUNTY for, or apply sums received from COUNTY with respect to that portion of its obligations that have been paid by another source of revenue. CONTRACTOR agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the COUNTY.
r. CONTRACTOR shall adhere to the COUNTY’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the COUNTY.

In addition, CONTRACTOR is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.

A.1 Documentation of Costs and Other Financial Reporting a. CONTRACTOR will be required to maintain books, records, documents, and other evidence directly related to the performance of work in accordance with Generally Acceptable Accounting Procedures.

Costs shall be supported by properly executed payrolls, time records, invoices, receipts, vouchers or other official documentation, as evidence of the nature and propriety of the charges. b. The CONTRACTOR shall retain all documentation related to the services provided and all financial records associated with this Agreement for a period of five (5) years following the termination of this contract. Such records shall be made available for inspection upon reasonable request by the COUNTY during this retention period.
c. All accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible, and upon reasonable notice, the COUNTY shall have the right to audit the records of the CONTRACTOR as they relate to the Contract and the activities and services described herein.

CONTRACTOR shall also:

1. Maintain an effective system of internal fiscal control and accountability for all HHAP-4 funds and property acquired or improved with HHAP-4 funds, and make sure the same are used solely for authorized purposes.

2. Keep a continuing record of all disbursements by date, payment method, amount, vendor, description of items purchased and line item from which the money was expended, as reflected in the CONTRACTOR’s accounting records.

3. Maintain payroll, financial, and expense reimbursement records for a minimum period of five (5) years after the termination of this Contract.

4. Permit inspection and audit of its records with respect to all matters authorized by this Contract by representatives of the County at any time during normal business hours and as often as necessary.

5. Inform the COUNTY concerning any funds allocated to CONTRACTOR, that the CONTRACTOR anticipates will not be expended during the term of this Contract.

6. Repay the COUNTY any funds in its possession at the time of the termination of this Contract that may be due to the COUNTY (e.g., ineligible costs, unexpended funds, etc.).

A.2 Funding
a. This Contract is valid and enforceable only if sufficient funds are made available to COUNTY by legislative appropriation. In addition, this Contract is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether Federal or those of the State, or of any agency, Redlands Regular Meeting of 12-17-2024 136 of 1598
Revised 9/6/24 Page 27 of 49
department, or any political subdivision of Federal or the State governments, which may affect the provisions, terms or funding of this Contract in any manner. b. CONTRACTOR must establish and maintain effective internal controls over all funding awarded to CONTRACTOR by the COUNTY to provide reasonable assurance that CONTRACTOR complies with Federal, State, and COUNTY statutes, regulations, and terms and conditions of the Contract. c. COUNTY may base funding for CONTRACTOR upon positive performance outcomes, which OHS will monitor throughout the year.
d. CONTRACTOR must be able to demonstrate that HHAP-4 funds were expended for eligible uses to benefit members of the Target Population.
e. Funds allocated pursuant to this Contract shall be used exclusively for costs included in CONTRACTOR’s program budget (see EXHIBIT 1 – HHAP-4 AWARD BY CATEGORY). Contract funds shall not be used as security or to guarantee payments for any non-program obligations nor as loans for non-program activities.
f. CONTRACTOR certifies and agrees that it will not use funds provided through this Contract to pay for entertainment, gifts, or fundraising activities.

A.3 Ineligible Costs
a. HHAP-4 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of HHAP-4 and the eligible uses identified in California Health and Safety Code Sections 50218 and 50219.
b. The COUNTY or the State reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this Contract. If CONTRACTOR or its Subcontractors use HHAP-4 funds to pay for ineligible activities, Contractor shall be required to reimburse these funds to the COUNTY within thirty (30) days of the request.

1. An expenditure which is not authorized by this Contract, or which cannot be adequately documented, shall be disallowed and must be reimbursed to the COUNTY by CONTRACTOR.

2. The State, at its sole and reasonable discretion, shall make the final determination regarding the allowability of expenditures of HHAP-4 funds.

3. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. HHAP-4 funds cannot replace local funds that are committed to an existing or developing homeless assistance program. However, if funds previously supporting a service or project end or are reduced for reasons beyond the control of CONTRACTOR and services or housing capacity will be lost as a result of these funds ending, HHAP-4 funds may be used to maintain the service or program and are not considered supplanting [examples include, but are not limited to, a time-limited city and/or county tax or one-time block grant, such as Homeless Emergency Aid Program (HEAP) grant].

A.4Withheld Payments
Payments to CONTRACTOR may be withheld by COUNTY if CONTRACTOR fails to comply with any provision of this Contract.

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A.5 Disallowance
a. If CONTRACTOR receives payment under this Contract which is later disallowed by COUNTY for nonconformance with this Contract, CONTRACTOR shall be required to promptly reimburse these funds to COUNTY and shall be prohibited from submitting to COUNTY reimbursement requests for subsequent HHAP-4 funds until COUNTY is fully reimbursed or, at its option, COUNTY may offset the amount disallowed from any payment due to CONTRACTOR.
b. If it is determined that a CONTRACTOR falsified any certification, RFA information, financial, or contract report, CONTRACTOR shall be required to reimburse the full amount of HHAP-4 award to COUNTY, and may CONTRACTOR be prohibited from any further participation in HHAP-4. COUNTY may impose any other actions permitted under 24 CFR 576.501 (c).

A.6 Fiscal Accountability
a. CONTRACTOR agrees to manage funds received through COUNTY in accordance with sound accounting policies; incur and claim only eligible costs for reimbursement; and adhere to accounting standards established in 2 CFR Part 200.
b. CONTRACTOR must establish and maintain on a current basis an accrual accounting system in accordance with generally accepted accounting principles and standards. Further, CONTRACTOR must develop an accounting procedure manual. Said manual shall be made available to COUNTY upon request or during fiscal monitoring visits.

A.7 Financial Management
a. Review, understanding, and certification that quarterly expenditure reports submitted to the COUNTY meet eligible expenses under HHAP-4 and State requirements. The COUNTY shall have no obligation to advance or pay CONTRACTOR with any funds other than HHAP-4 funds (with the exception of CONTRACTOR receiving a HHAP-5 AWARD) the COUNTY receives from the State. b. CONTRACTOR attests that by submitting a monthly expenditures report to OHS, it has completed all due diligence necessary and verified eligibility for HHAP-4 funding. CONTRACTOR shall be required to repay COUNTY for non-eligible expenditures that may inadvertently be processed by the COUNTY. c. Subsequent disbursements after the first disbursement, are dependent upon CONTRACTOR properly documenting the expenses/expenditure reports to cover the previous disbursement.

A.8 Budget Changes
a. CONTRACTOR agrees that no changes shall be made to CONTRACTOR’s HHAP-4 budget without first obtaining prior approval. No more than the amounts specified in EXHIBIT 1 – HHAP-4 AWARD BY CATEGORY may be spent for the separate cost categories specified in the budget summary. Any changes to this Contract must be requested by CONTRACTOR in writing through OHS. Changes must be approved by the COUNTY and/or the State.

A.9 Budget Amendments
a. CONTRACTOR shall make no changes to the budget without first obtaining written approval from the COUNTY. Any budget amendments must be requested by the CONTRACTOR in writing within 180 days of the contract expiration.

A.10 Equipment and Other Property
a. All equipment, materials, supplies or property of any kind (including vehicles, publications, copyrights, etc.) purchased with HHAP-4 funds received under the terms of this Contract which has a life Redlands Regular Meeting of 12-17-2024 138 of 1598
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expectancy of one (1) year or more shall be the property of the COUNTY and shall be subject to the provisions of this paragraph. The disposition of equipment or property of any kind shall be determined by the COUNTY when the Contract is terminated. Additional terms are as follows:

1. The purchase of any furniture or equipment which was not included in CONTRACTOR’s approved budget, shall require the prior written approval of the COUNTY, and shall fulfill the provisions of this Contract which are appropriate and directly related to CONTRACTOR’s services or activities under the terms of the Contract. The COUNTY may refuse approval for any cost resulting from such items purchased, which are incurred by CONTRACTOR, if prior written approval has not been obtained from the COUNTY.

2. Before equipment purchases made by CONTRACTOR are approved by the COUNTY, CONTRACTOR must submit paid vendor receipts identifying the purchase price, description of the item, serial numbers, model number and location where equipment will be used during the term of this Contract.

3. CONTRACTOR shall submit an inventory of equipment purchased under the terms of this Contract as part of the expenditures report for the month in which the equipment is purchased.

CONTRACTOR must also maintain an inventory of equipment purchased that, at a minimum, includes the description of the property, serial number or other identification number, title holder, acquisition date, cost of the equipment, location, use and condition of the property, and ultimate disposition data. A physical inventory of the property must be reconciled annually. Equipment should be adequately maintained and a control system in place to prevent loss, damage, or theft.

Equipment with cost exceeding COUNTY’s capitalization threshold of $5,000 must be depreciated.

4. No costs incurred prior to the Contract commencement date shall be eligible for reimbursement with HHAP-4 funds.

5. Upon termination of this Contract, CONTRACTOR will provide a final inventory to the COUNTY and shall at that time query the COUNTY as to requirements, including the manner and method in returning equipment to the COUNTY. Final disposition of such equipment shall be in accordance with instructions from the COUNTY.

A.11 Final Advance
Unless approved by OHS in writing, all final requests for disbursement of authorized HHAP-4 expenditures under this Grant must be submitted to OHS no later than January 1, 2027.

Redlands Regular Meeting of 12-17-2024 139 of 1598
10 I:\cmo\Agreements\Step Up on Second Street, Inc. (HHAP 4 Grant SUS Homekey) FY24-0078 v.2.docx-msv2 EXHIBIT "C"

RATE SHEET
Redlands Regular Meeting of 12-17-2024 140 of 1598
11 I:\cmo\Agreements\Step Up on Second Street, Inc. (HHAP 4 Grant SUS Homekey) FY24-0078 v.2.docx-msv2 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.

STEP UP ON SECOND STREET, INC.

By:____________________________________ Date: _________________ Ivan Garcia, Senior Director of Programs
Redlands Regular Meeting of 12-17-2024 141 of 1598
City Council Meeting K. 6.

DATE: 12/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the First Amendment to the sole source Professional Services Agreement with Dyett & Bhatia, Urban and Regional Planners, to include an additional Scope of Services, an increase to the Agreement by $21,600 from $129,800 to a total aggregate amount not-to-exceed $151,400, to extend the agreement term to December 31, 2025, and determine that the proposed action is categorically exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Development Services Director Desatnik)
MOTION(S):

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

I move that City Council determine that approval of the First Amendment to the Professional Services Agreement with Dyett & Bhatia Urban and Regional Planners is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move to approve the First Amendment to the Professional Services Agreement with Dyett & Bhatia.

2. RECOMMENDATION:

Staff recommends approval of the First Amendment to the sole source Professional Services Agreement with Dyett & Bhatia, Urban and Regional Planners (Dyett & Bhatia), to amend the Scope of Services, increase the total not-to-exceed amount to $151,400.00 and extend the term of the Agreement to December 31, 2025.

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DISCUSSION:

On December 19, 2023 (Agenda Item No. I-2), an agreement in the amount of $129,800.00 was approved by the City Council for professional services related to the preparation of the City's Climate Action Plan Update. The proposed First Amendment to the sole source Professional Services Agreement with Dyett & Bhatia will allow for continued work on the project and progress being made to update the Climate Action Plan. Due to unforeseen additional time needed to obtain data to prepare the updated greenhouse gas (GHG) inventory and Progress Report and candidate strategies, the Project Schedule (Exhibit "B" of the Agreement) has correspondingly been extended, and a contract extension is needed to perform the remaining work described in the Scope of Services (Exhibit "A" of the Agreement).

Additionally, effective January 1, 2026, Assembly Bill No. 98 of the State of California will require all cities and counties in the warehouse concentration region (which includes Redlands) to update its circulation element to include truck routes, as specified in Government Code Section 65302.02. The additional scope of services will ensure that the City’s General Plan is consistent with the requirements in Government Code Section 65302.02(c) for the applicable warehouse concentration region. Dyett & Bhatia previously prepared the City's 2035 General Plan in 2016-17 and can readily complete the required work.

Based on the State's requirements, an amendment to the project budget is required to provide funding for this additional task.

Approval of the First Amendment to the sole source professional services agreement with Dyetta & Bhatia is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3), which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. There is no possibility that the approval of this First Amendment to the sole source agreement with Dyett & Bhatia may result in a significant effect on the environment.

ALTERNATIVES:

The City Council may elect not to approve the First Amendment and provide staff with direction.

STRATEGIC PLAN:

Supports Priority D - Sustainability
Redlands Regular Meeting of 12-17-2024 143 of 1598
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
Brian Foote, City Planner/Planning Manager
PREPARED BY:

Tricia Munoz, Development Services Management Analyst
Fiscal Impact
Fiscal Year: 2024-2025
Revenue Generating: N
Appropriation Required Y/N: N
Amount: $21,600
Budgeted Y/N: N
Account No.: 101164-6106
Discussion:

There is no additional impact on the General Fund, sufficient appropriation exists in the Development Services Department Planning Division 2024-2025 Budget (101164-6106). This action will increase the total agreement amount from $129,800 by $21,600 to an aggregate total amount not-to-exceed $151,400.

Attachments
First Amendment Dyett & Bhatia
Original Agreement_Dyett & Bhatia
Redlands Regular Meeting of 12-17-2024 144 of 1598
1 I:\cmo\Agreements\First Amendment Dyett & Bhatia, Urban and Regional Planners FY24-0082.docx-ms

FIRST AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES This first amendment (“First Amendment”) to the agreement for the provision of professional environmental consulting services to update the City’s Climate Action Plan (“Agreement”), dated December 19, 2023, by and between the City of Redlands, a municipal corporation and a general law city (“City”), and Dyett & Bhatia, Urban and Regional Planners, a California corporation (“Consultant”), is made and entered into this 17th day of December 2024.

RECITALS
WHEREAS, the Parties entered into a Professional Services Agreement (“Agreement”) on December 19, 2023, for the provision of professional environmental consulting services related to updating the City’s Climate Action Plan;
WHEREAS, it is the desire of the Parties to amend their existing Agreement, specifically to expand the Scope of Services, increase the total not-to-exceed amount of the Agreement, and extend the deadline for the performance of the services by the Consultant.

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

AGREEMENT
Section 1. Article 4 of the Agreement, entitled “Performance of Services,” is hereby amended to read as follows:
“4.2 Consultant shall complete the Services by December 31, 2025, unless the services are terminated earlier as provided for herein.”
Section 2. Article 5 of the Agreement, entitled “Payments to Consultant,” is hereby amended to read as follows:
“5.1 Compensation: Total compensation for Consultant’s performance of the Services shall not exceed the amount of One Hundred Fifty-One Thousand Four Hundred Dollars ($151,400). City shall pay Consultant on a time and materials basis up to the not-to-exceed amount in accordance with Exhibit “C,” titled “Budget,” which is attached hereto and incorporated herein as reference.

Section 3. Exhibit “A” of the Agreement, entitled “Scope of Services,” is hereby amended as shown in Attachment “1,” attached to this Amendment.

Section 4. Exhibit “B” of the Agreement, entitled “Project Schedule,” is hereby amended as shown in Attachment “2,” attached to this First Amendment.

Section 5. Exhibit “C” of the Agreement, entitled “Budget,” is hereby amended as shown in Attachment “3,” attached to this First Amendment.

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2 I:\cmo\Agreements\First Amendment Dyett & Bhatia, Urban and Regional Planners FY24-0082.docx-ms Section 6. All other provisions of the Agreement shall remain unchanged by this First Amendment and in effect.

Section 7. The recitals above are true and correct and are hereby incorporated herein by this reference.

Section 8. This First Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of December 17, 2024.

CITY OF REDLANDS DYETT & BHATIA,

URBAN AND REGIONAL PLANNERS
________________________________ By: ________________________________ Eddie Tejeda, Mayor Rajeev Bhatia, President
ATTEST:
__________________________________
Jeanne Donaldson, City Clerk
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3 I:\cmo\Agreements\First Amendment Dyett & Bhatia, Urban and Regional Planners FY24-0082.docx-ms Attachment 1
EXHIBIT "A"

SCOPE OF SERVICES
Redlands Climate Action Plan Update

SCOPE OF WORK
This section outlines the proposed work program for the Redlands CAP Update. The CAP will be designed to meet the latest State requirements and guidelines. The program is organized into four tasks in two phases: The first phase is an evaluation of progress that sets up for the second phase, which would involve updates to the CAP. The sequence of work products, community meeting/survey, and Planning Commission and City Council meetings are also incorporated in the scope. Each task is followed by a table summary of deliverable formats and content.

Initials in parentheses identify the lead firm for each sub-task:
• D&B: Dyett & Bhatia, Urban and Regional Planners. D&B will lead the overall effort and community outreach.
• F&P: Fehr and Peers, Transportation Planners. F&P will provide vehicle miles traveled, transportation emission factors, and other transportation-related model inputs for existing and future conditions. F&P worked with D&B on the City’s General Plan and the CAP in a similar role.

Phase I: Project Initiation, GHG Inventory Update, and Target Setting
TASK 1: PROJECT INITIATION
A. Conduct a Kickoff Meeting with City Staff (D&B). D&B will conduct a kickoff meeting with City staff to discuss their ideas for the project and identify key issues and opportunities. Roles and responsibilities will be clarified, and communication protocols Redlands Regular Meeting of 12-17-2024 147 of 1598
4 I:\cmo\Agreements\First Amendment Dyett & Bhatia, Urban and Regional Planners FY24-0082.docx-ms will be established. Agreement will be pursued on the scope of emissions activities to include in the CAP, key assumptions to be used in forecasts and targets, and parties responsible for providing needed emissions data.

B. Review Background Information (D&B). D&B will review the current 2017 Climate Action Plan, the 2035 General Plan, San Bernardino Council of Governments’ (SBCOG's) San Bernardino County Regional Greenhouse Gas Reduction Plan (2021), 2022 CARB Scoping Plan, and other related documents and recent planning efforts. D&B will work with City staff to identify and collect updated data (electricity and natural gas consumption, water use, wastewater generation, and solid waste generation) to quantify existing GHG emissions.

C. Ongoing Project Management (D&B). D&B will conduct ongoing coordination with staff, as needed, in the form of emails and monthly check-in audio/video calls or meetings to discuss project status, key milestones, and any constraints or limitations encountered while completing the work. D&B will also prepare monthly progress reports to provide updates on project status and identify any potential risks to the scope or budget.

Meeting Products
Project Kickoff Meeting Monthly Progress Reports
TASK 2: GHG INVENTORY UPDATE AND PROGRESS REPORT
A. Prepare Baseline Community GHG Inventory (D&B). D&B will develop the 2022 (or the most recent year for which complete data is available) community inventory, consistent with the latest guidance from ICLEI – Local Governments for Sustainability (ICLEI) U.S. Community Protocol for Accounting and Reporting of Greenhouse Gas Emissions (2019). A unified set of socioeconomic data (population, jobs by industry, and households by type) is required to support inventory development; D&B will work with City staff to collect the requisite information, including the technical inputs described below, and establish these baseline numbers.

The community inventory will be compiled by emissions sector, using information from the City and other utility providers like Southern California Edison as well as regional agencies like the South Coast Air Quality Management District, the San Bernardino Council of Governments (SBCOG), and San Bernardino County Transportation Authority (SBCTA). Transportation sector emissions will be based on communitywide Redlands Regular Meeting of 12-17-2024 148 of 1598
5 I:\cmo\Agreements\First Amendment Dyett & Bhatia, Urban and Regional Planners FY24-0082.docx-ms vehicle miles traveled (VMT) estimates provided by F&P (see Task 2B).

B. Transportation Modeling (F&P). F&P will estimate and forecast VMT associated with residents, workers, students, visitors, etc. engaged in activities occurring within the City of Redlands using the San Bernardino Transportation Analysis Model (SBTAM) for current conditions, 2030 and 2045. The SBTAM+ (currently under development for the 2024 regional transportation plan) will be utilized if available when the project begins.

Prior to preparing the VMT estimates, F&P will review and confirm land use and transportation system inputs to the “off-the-shelf” SBTAM for Redlands with D&B and City staff; this scope does not include land use modifications or new model runs.

The VMT will be calculated using the “RTAC” origin/destination methodology that tracks all trips to/from Redlands and assigns 100% of II, 50% of IXXI, and 0% of XX trips to the City. The VMT data will be provided for both passenger vehicles and trucks and provided by speed bin to assist with conversion into GHG emissions (see sub-task C); F&P will prepare a memo including tables summarizing the VMT data and will provide a brief description on the methodology used to calculate the VMT.

C. Develop Updated GHG Forecasts (D&B). Building on Tasks 2A and 2B, D&B will adjust the business-as-usual (BAU) forecasts of emissions by sector for 2030 and 2045 based on the anticipated citywide population and employment growth as projected from the 2035 General Plan and transportation projections from F&P. The adjusted forecasts will also consider foreseeable regulatory changes at the federal, state, and local levels, including SB X7-7 (water conservation), SB 100 (carbon-free electricity), Advanced Clean Cars Program, Renewables Portfolio Standard, and California Code of Regulations Title 24 CALGreen).

D. Updated GHG Inventory and Reduction Progress Report (D&B). D&B will prepare a Progress Report thatsynthesizes background information from Task 1B and the findings and recommendations from Tasks 2A through 2C. The report will provide an assessment of Redland’s trajectory toward GHG reduction targets established in the 2017 CAP and identify need for additional GHG reduction.

E. Present Report to Decision-Makers (D&B). D&B will present the Progress Report at one meeting of the City Council and review additional reductionslikely needed to comply with the new State targets. Presentation to the Planning Commission could also be done by building in an additional meeting.

Meetings Products
Updated GHG Inventory
GHG Reduction Progress Report
Phase II: Climate Action Plan Strategy, Draft and Final Documents, and Environmental Review
TASK 3: CLIMATE ACTION PLAN STRATEGY
A. Confirm GHG Reduction Targets (D&B). The current (2017) CAP establishes GHG emission reduction targets for 2030 (40 percent below 1990 levels per EO B-30-15) and Redlands Regular Meeting of 12-17-2024 149 of 1598
6 I:\cmo\Agreements\First Amendment Dyett & Bhatia, Urban and Regional Planners FY24-0082.docx-ms for 2035 (linearly derived from 80 percent below 1990 levels by 2050 per EO S-3-05 for the General Plan horizon year). D&B will prepare and confirm with staff updated targets that align with the latest State requirements, including AB 1279 and EO B-55-18 to achieve carbon neutrality no later than 2045, which correspond to 85 percent below 1990 levels. Unlike the previous(2017) Scoping Plan, the 2022 Scoping Plan does not explicitly recommend efficiency metrics to demonstrate that local governments comply with these statewide targets. D&B will work with staff to develop GHG Reduction Targets that meet State requirements based on a review of the latest State and regional guidance.

B. Stakeholder Meetings (D&B). D&B will conduct up to two Zoom meetings with stakeholder groups to gather input and ideas from stakeholders and build a collaborative relationship for future CAP implementation. D&B will work with City staff to identify and reach out to stakeholders, such as staff from relevant City departments and other agencies, partner organizations and neighboring jurisdictions, and utility service providers.

C. Community Sustainability and Resiliency Planning Workshops (D&B). D&B will conduct two workshops—one in person and one on Zoom—covering the same materials, to provide community members attendance flexibility. The workshops will introduce the project, present findings from the GHG Inventory Progress Report (Task 1D), provide an opportunity to hear the community’s goals and priorities for sustainability and resiliency, and vet initial ideas for candidate strategies (to be developed in Task 3C). Activities may include interactive polls, gamification, and other visualizations to help explain technical concepts and explore potential actions with the public. Results of the workshops will be summarized in a memorandum.

D. Develop Candidate Strategies (D&B). Once GHG reduction targets have been confirmed, D&B will conduct a gap analysis to determine the amount of local reductions that would be required to meet the targets. D&B will compile and evaluate candidate GHG mitigation measures, including those from the current 2017 CAP, and other existing City policies, recent environmental impact reports(EIRs) and CAPsfrom other cities, and best practices throughout California. It is assumed that the City would provide any relevant data, as available. to quantify reductions from existing City programs. The range of programs will address:
• Energy efficiency and conservation
• Increased use of alternative energies in transportation and buildings (such as building insulation and solar energy)
• Waste prevention, reduction, and diversion
• Education and motivation
The updated CAP would reflect General Plan policies related to land use density and mix and strategies to enhance alternative transportation (pedestrian, bicycle, and transit) and identify any additional opportunities for improvement as feasible. In addition to programs that may result in GHG reduction from new development, strategies to reduce emissions from existing development will also be explored. The list of potential/ candidate programs will be submitted to City staff for approval prior to further evaluation.

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7 I:\cmo\Agreements\First Amendment Dyett & Bhatia, Urban and Regional Planners FY24-0082.docx-ms E. Evaluate GHG Reduction Measures (D&B). Using the screened list of potential programs provided by the City, D&B will work with City staff to evaluate each program against:
• Degree of local jurisdictional control
• Ease of implementation and enforcement, roughly estimated (low, moderate, high) • Private and City cost of implementation, roughly estimated (low, moderate, high) • Co-benefits of the measure, such as cost savings or air quality benefits It is assumed that about 15 to 20 measures would be evaluated in detail. As part of the co- benefits analysis, D&B will consider financial feasibility of GHG reduction measures such as by identifying federal, state, local, and other potential funding sources (e.g., eligible projects and programs, funding amounts, and schedules for application and award of funds) and implementation mechanisms linked to specific GHG reduction programs and projects to be included in the CAP.

D&B will deliver a summary of methodology and a matrix with each potential measure and its reduction potential toward each established reduction target year. D&B will confirm that the sum of these reductions can reach the targets confirmed by the City in Task 3A. If the sum does not reach the target, then D&B will select additional mitigation measures from the original program mix (Task 3D) or other sources to be evaluated by D&B for GHG reduction potential until the citywide target can be met.

F. Online Community Survey on Climate Action Strategies (D&B). D&B will conduct an online survey using Survey Monkey to help develop and select GHG reduction strategies so that they maximize co-benefits and reflect community priorities. City staff will advertise the survey on social media, translate the survey in Spanish, and collate Spanish open-ended question responses; D&B will coordinate with City staff in these efforts.

G. Outline Preferred Strategy (D&B). D&B and City staff will work together to select a suite of feasible mitigation measures and a related implementation program. • Determine Program Mix. D&B will prepare a matrix/brief memo recommending a set of mitigation measures, based on the program evaluations and final emissions reduction target. City staff will review the evaluations and recommendations and determine which measures to recommend for adoption. The program mix selected will need to be able to feasibly achieve the selected target(s). This program mix selection will occur at a single time without multiple iterations. • Set Implementation Strategy. City staff and D&B will work together to determine an implementation strategy for the City’s selected mitigation program mix. Factors to consider will include required and optional measures, City actions vs. private actions, and measures that may only be triggered by certain conditions (project size, type, etc.).

Selection of the preferred approach will be led by the City with D&B participating in Redlands Regular Meeting of 12-17-2024 151 of 1598
8 I:\cmo\Agreements\First Amendment Dyett & Bhatia, Urban and Regional Planners FY24-0082.docx-ms up to two conference calls. The selected program mix will be combined with the preferred approach into a working Preferred Strategy document that will evolve into the Draft CAP.

H. Planning Commission Study Session on Preferred CAP Strategy (D&B). Emission reductions targets and any needed strategies will be reviewed with the Planning Commission. A list of potential strategies for future and likely emission reduction ranges from them will be included.

Meetings Products
Stakeholder Meetings (up to 2)
Community Workshops (2 – one inperson
and one on Zoom)
Planning Commission Study Session
Online Community Survey and Summary
Memo
List of Candidate CAP Strategies
Preferred CAP Strategy
TASK 4: DRAFT AND FINAL CLIMATE ACTION PLAN AND ENVIRONMENTAL REVIEW
A. Administrative Draft Climate Action Plan (D&B). D&B will prepare an Administrative Draft CAP, using the materials and strategies developed Tasks 2 and 3. The CAP will include:
• Purpose and goals described in public-friendly terms, with an emphasis on articulating expected community benefits of implementing the CAP; • An overview of global climate change and GHGs, including State and federal policies and regulatory actions;
• A summary of the City’s GHG emissions inventory and reduction target(s); • A comprehensive, citywide strategy to manage and reduce future GHG emissions, including targets;
• The roster of GHG emission reduction measures, each including estimated reduction impact and other evaluative factors;
• An implementation and monitoring program, with clear thresholds and methods of compliance established; and
• Recommendations for administration, timeline/phasing, and prioritization of next steps.

B. Public Review Draft Climate Action Plan (D&B). Comments from the City on the Administrative Draft will be provided as one consolidated set. D&B will then produce a Public Review Draft.

C. CEQA Negative Declaration (D&B). Climate Action Plans are subject to CEQA review. Because the CAP is likely to result in environmental benefits, a Negative Redlands Regular Meeting of 12-17-2024 152 of 1598
9 I:\cmo\Agreements\First Amendment Dyett & Bhatia, Urban and Regional Planners FY24-0082.docx-ms Declaration should likely suffice and is included in our scope. This review will be program level, and will not cover project-specific impacts, such as changes to infrastructure or site-specific improvements that may be undertaken subsequent to CAP adoption.

D. Public Hearings(D&B). D&B will conduct public review and successfully take the Draft CAP and related environmental documentation through the public hearing process. Our scope assumes one meeting each with the Planning Commission and the City Council. We will closely coordinate with City staff prior to the hearingsto ensure that our presentations respond to specific questions and issues likely to be encountered during the hearings.

E. Adopted Climate Action Plan (D&B). Following public review by the City Council, documents will be revised to incorporate specific text and diagram changes made by the City Council at adoption, if any.

Meetings Products
Planning Commission
Hearing City Council
Hearing
Draft and Adopted Climate
Action Plan CEQA Negative
Declaration

MEETINGS SUMMARY
Planning Commission/City
Council
3 Stakeholder Meetings Up to 2
Community Workshops 2

ADDITIONAL SCOPE OF SERVICES AND BUDGET
Task 1C: Ongoing Project Management
As described in Exhibit A of the Agreement, Task 1C includes monthly coordination meetings and progress reports, between City staff and D&B. A contract extension would require additional budget of $5,400 to conduct these administrative tasks for an additional year (through December 31, 2025).

Estimated cost for Additional Services: $5,400

MEETINGS SUMMARY
Meetings Products
Coordination Meetings (monthly) Monthly Progress Reports Redlands Regular Meeting of 12-17-2024 153 of 1598
10 I:\cmo\Agreements\First Amendment Dyett & Bhatia, Urban and Regional Planners FY24-0082.docx-ms A. (New) Task 5: Technical Support for Assembly Bill 98 Pursuant to AB 98 (Juan Carrillo, 2024), any proposed new or expanded logistics use developments must submit for approval a truck routing plan to and from the state highway system based on the City’s latest truck route map, which must be updated in the General Plan Circulation Element by January 1, 2026 for cities in the warehouse concentration region. This task will also ensure that the City’s standards are consistent with the requirements in Government Code Section 65302.02(c) for the warehouse concentration region.

B. AB 98 Truck Route GIS Analysis. D&B, in coordination with City staff, will conduct an interdepartmental meeting, such as with staff from the Municipal Utilities and Engineering and Management Services (GIS) departments, to confirm the applicable criteria in Government Code Section 65302.02 and corresponding data needs. City staff will provide D&B with relevant GIS data necessary for D&B to conduct the truck routes analysis, in addition to analysis pertaining to sensitive receptors and the corresponding buffers (900, 100, and 50 feet from the property line of sensitive receptors) within which certain logistics use facilities would be subject to additional requirements of Government Code Section 65098.2.

C. AB 98 Truck Route Map. D&B will compile work from Task 5A to prepare a new map for the Circulation Element of specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate additional truck traffic and avoid residential areas and concentrations of sensitive receptors, as defined in Government Code Section 65098. D&B will package final GIS data for inclusion on the City’s GeoHub and coordinate preparation of an online version of the AB 98 Truck Route map, as required by Sec. 65302.02(e), with City staff.

D. Public Outreach. Using information from the GIS analysis in Task 5A, D&B will conduct up to two (2) outreach events via Zoom, such as with identified sensitive receptors and other stakeholders including South Coast Air Quality Management District, in accordance with Government Code Sections 65302.02(f) and 65302.02(g). City staff will be responsible for adequately satisfying all filing and noticing requirements associated with the updated Circulation Element in the manner required under CEQA and/or other applicable regulations.

E. (Optional) Public Hearings. As needed, D&B will provide support to City staff and attend up to two hearings (assumed one Planning Commission and one City Council) to ensure successful adoption of the updated Circulation Element to include the new AB 98 Truck Route Map from Task 5B.

This work would require an additional budget of $16,200 as described below and included in the updated Budget – Exhibit “C”.

Estimated cost for Additional Services:
• Task 5A. Truck Route GIS Analysis: $8,090
• Task 5B. AB 98 Truck Route Map: $4,090
Redlands Regular Meeting of 12-17-2024 154 of 1598
11 I:\cmo\Agreements\First Amendment Dyett & Bhatia, Urban and Regional Planners FY24-0082.docx-ms • Task 5C. Public Outreach: $4,020
• (Optional) Task 5D. Public Hearings: $2,500
• Total additional cost: $16,200
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12 I:\cmo\Agreements\First Amendment Dyett & Bhatia, Urban and Regional Planners FY24-0082.docx-ms Attachment 2
EXHIBIT "B"

PROJECT SCHEDULE

UPDATED PROJECT SCHEDULE
The following table shows the updated project schedule reflecting current project status as of November 8, 2024, and the anticipated time frame (by calendar quarters) through completion of remaining tasks, as described in Exhibit A of the Agreement, and additional services described in
the previous section of this memorandum.

Scope Task/Product Anticipated Time Frame
CAP
Update
Project Initiation and Kick-Off Quarter 1 2024
GHG Inventory Progress Report Quarter 2 2024
GHG Reduction Candidate Strategies Quarter 3 2024
Community Outreach and Stakeholder
Meetings
Quarter 3-Quarter 4 2024
Preferred CAP Strategy Quarter 1 2025
Planning Commission Study Session Quarter 1 2025
Admin Draft Climate Action Plan Quarter 2 2025
Public Review Draft Climate Action Plan Quarter 3 2025
CEQA Negative Declaration Quarter 3 2025
Public Hearings and Adoption Quarter 3-Quarter 4 2025
AB 98
Support
Initial Meeting with City Staff and Data
Collection
Quarter 1 2025
GIS Analysis Quarter 1 2025
AB 98 Truck Route Mapping Quarter 1 2025
Public Outreach Quarter 1-Quarter 2 2025
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13 I:\cmo\Agreements\First Amendment Dyett & Bhatia, Urban and Regional Planners FY24-0082.docx-ms Attachment 3
EXHIBIT "C"
BUDGET
The proposed budget is $129,800, broken down as follows. This budget covers all personnel and direct costs for Dyett & Bhatia and Fehr and Peers.

Task Sub-Task/Product Budget
1: Project Initiation Project Initiation, Kick-Off, and Background Information Review
$1,500
Ongoing Project Management and
Coordination
$3,000
Task 1C (NEW) Monthly Coordination Meetings $5,400
Task 1 Subtotal $9,900
2: GHG Inventory
Update and Progress
Report
Transportation Modeling $15,000
Baseline Community GHG Inventory,
Updated Business As Usual GHG
Forecasts, and GHG Progress Report
$22,000
Decision-Maker Meeting
Preparation and Presentation
$1,000
Task 2 Subtotal $38,000
3: Climate Action
Plan Strategy
GHG Reduction Targets, Candidate
Strategies, and GHG Reduction
Measures Evaluation
$12,000
Stakeholder Meetings $1,500
Community Workshop (2; oneperson, one Zoom)
$3,500
Online Survey $7,000
Preferred CAP Strategy $6,000
Task 3 Subtotal $30,000
4: Draft and Final
CAP and
Environmental
Review
Draft CAP $35,000
CEQA Negative Declaration $8,000
Public Hearings and Final CAP $2,500
Task 4 Subtotal $45,500
Task 5A. Truck Route GIS Analysis $8,090
Task 5B. AB 98 Truck Route Map $4,090
Task 5C. Public Outreach $4,020
Redlands Regular Meeting of 12-17-2024 157 of 1598
14 I:\cmo\Agreements\First Amendment Dyett & Bhatia, Urban and Regional Planners FY24-0082.docx-ms (Optional) Task 5D. Public Hearings $2,500
Task 5 Subtotal (NEW) $16,200
Subtotal of All Tasks $139,600
Additional Meetings and Printing Allowance $11,800
Grand Total $151,400
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City Council Meeting K. 7.

DATE: 12/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Professional Services Agreement with EnviroMINE, Inc., to perform annual site inspections and related services associated with the Surface Mining and Reclamation Act of 1975 Compliance, for an aggregate amount not to exceed
$122,500 over a five-year period (Development Services Director Desatnik)
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 the Agreement with EnviroMINE, Inc.

RECOMMENDATION:

Staff recommends that the City Council approve the Agreement with EnviroMINE, Inc., for an initial term of three (3) years with an option to extend for two additional one-year terms for an annual amount of $24,500 and an aggregate amount not to exceed $122,500 over a five-year period for the provision of professional services for sand and gravel annual site inspections and related services associated with the Surface Mining and Reclamation Act of 1975 (SMARA).

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DISCUSSION:

There are five (5) regulated mining sites, including East Quarry South, East Quarry North, Plunge Creek Processing Plant and Silt Pond Quarry, Alabama Street Quarry and West Quarry, which traverse or are within the jurisdictional boundaries of the City of Redlands and the City of Highland.

Under the State Mining and Reclamation Act (SMARA), the City is required to periodically review and process surface mining reclamation plans, perform annual on-site inspections of mining operations, and prepare various reports to the Department of Conservation. In July 2007, the California Department of Conservation’s Office of Mine Reclamation (OMR) notified the City of Highland of the need to have a single reclamation plan prepared for all the proposed mining areas within the Upper Santa Ana River Wash Land Management and Habitat Conservation Plan (“Wash Plan”). This was based on the provisions of the Public Resources Code, Sections 2771 and 2774, which state that when a proposed or existing surface mining operation is: (1) located within the jurisdiction of two public entities, and (2) is a permitted use within the entities and is not separated by a natural or man-made barrier coinciding with the boundaries of the entities, one of those two public entities must be designated the “Lead Agency” for the purpose of conducting the review and preparation of documents required under the Surface Mining and Reclamation Act of 1975 (SMARA) and applicable regulations. An agreement was approved by the Redlands City Council on April 21, 2009, and the Highland City Council on April 15, 2009, designating the City of Redlands as the Lead Agency for the required reclamation, as the City of Redlands is the larger stakeholder of mining operations within respective city boundaries.

On September 22, 2024, a Request for Proposal (RFP) (No. RFP20240922TM) for professional services related to sand and gravel site inspections and SMARA compliance was posted to the City's online procurement system, PlanetBids.

EnviroMINE, Inc., was the only proposal received. Their proposal includes a versatile team necessary to perform inspections and complete financial assurance reviews as well as other related services. The single bid proposal was reviewed for clarity and understanding of the project as well as the work to be performed, explanation of compensation structure, cost, expertise and experience, flexibility, range of services, qualifications of key personnel, ability to service the city, and strong references which include the City of Redlands.

EnviroMINE, Inc., was a single bid proposer who has performed the necessary services for the City and has substantial experience with the completion of the requested services, having worked with the City of Redlands and the City of Highland performing SMARA services for over 30 years.

Redlands Regular Meeting of 12-17-2024 175 of 1598
ALTERNATIVES:

The City Council may elect not to approve this action and provide staff with alternate direction.

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
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:

Tricia Munoz, Development Services Management Analyst
Fiscal Impact
Fiscal Year: 2024-2025
Revenue Generating: N
Appropriation Required Y/N: N
Amount: $24,500
Budgeted Y/N: Y
Account No.: 101164-6106
Discussion:

There is no impact on the General Fund associated with approval of this action.

Costs associated with this agreement are reimbursed to the City from deposit accounts associated with each Miner. Sufficient appropriation exists in the FY 2024-2025 Development Services Department Planning (101164-6106), was included in the 2025-2026 budget and will be included in future budgets.

Redlands Regular Meeting of 12-17-2024 176 of 1598
Attachments
Agreement_EnviroMINE, Inc.

Proposal_EnviroMINE Inc
RFP20240920TM_SMARA Services
Redlands Regular Meeting of 12-17-2024 177 of 1598
1 I:\cmo\Agreements\Enviromine, Inc. Agreement FY24-0081.docx-ms

AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of surface mining compliance 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 EnviroMINE, 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 surface mining compliance in support of the City’s obligation under the state Surface Mining and Reclamation Act of 1975 and other applicable laws 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 Brian Desatnik, Development Services Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

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

4.2 The term of this Agreement shall be for a period of three (3) years 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”), Redlands Regular Meeting of 12-17-2024 178 of 1598
2 I:\cmo\Agreements\Enviromine, Inc. Agreement FY24-0081.docx-ms on the same terms and conditions, by providing written notice to Consultant at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term.

4.3 If Consultant’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to 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 The compensation for Consultant’s performance of the Services shall not exceed the amount of Twenty-Four Thousand Five Hundred Dollars ($24,500) annually for the Services provided during the initial three (3) year term. Should this Agreement be extended annually for two additional terms, the compensation for Consultant’s performance for the Services shall not exceed the amount of Twenty-Four Thousand Five Hundred Dollars ($24,500) annually for each extended term for a total amount not-to-exceed One Hundred Twenty-Two Thousand Five Hundred Dollars ($122,500) in total. The City shall pay Consultant on a time and materials basis up to the not to not-to-exceed amount in accordance with the rates specified in Exhibit “C” 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 Warren R. Coalson, President
City of Redlands EnviroMINE, Inc.
35 Cajon Street 4711 Viewridge Avenue, Suite 270
P.O. Box 3005 (mailing) San Diego, CA 92123
Redlands, CA 92373 Email: [email protected]
[email protected] Phone: (619) 284-8515
Phone: (909) 798-7531 Fax: (619) 284-0115
Redlands Regular Meeting of 12-17-2024 179 of 1598
3 I:\cmo\Agreements\Enviromine, Inc. Agreement FY24-0081.docx-ms ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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

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

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers’ compensation laws of the State of California. Consultant shall execute and provide City with Exhibit “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 ($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 Redlands Regular Meeting of 12-17-2024 180 of 1598
4 I:\cmo\Agreements\Enviromine, Inc. Agreement FY24-0081.docx-ms occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services.

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 Redlands Regular Meeting of 12-17-2024 181 of 1598
5 I:\cmo\Agreements\Enviromine, Inc. Agreement FY24-0081.docx-ms assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City’s immediate termination of this Agreement.

8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant’s employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be 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, 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.

Redlands Regular Meeting of 12-17-2024 182 of 1598
6 I:\cmo\Agreements\Enviromine, Inc. Agreement FY24-0081.docx-ms

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 ENVIROMINE, INC.

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Warren R. Coalson, President
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 12-17-2024 183 of 1598
7 I:\cmo\Agreements\Enviromine, Inc. Agreement FY24-0081.docx-ms EXHIBIT "A"

SCOPE OF SERVICES
Currently, the City has five (5) regulated mining sites. These sites are listed as follows:
• East Quarry South (formerly Old Webster Quarry)
• East Quarry North (formerly Redlands Aggregate Pit, Johnson Pit, and Orange Street Processing Plant)
• Plunge Creek Processing Plant and Silt Pond Quarry
• Alabama Street Quarry (formerly Alabama Street Northwest) • West Quarry (formerly Alabama Street Northeast and Southeast) The Consultant will complete the following scope of services is proposed for each of the listed mining sites:

1. Perform inspections of SMARA-regulated mining operations to assure compliance with the approved reclamation plan and conditions of approval.

2. Review the Mining Operation Annual Reports (Annual Reports) form MMRC-2 and the Financial Assurance Cost Estimates (FACE) to determine adequacy under SMARA.

3. Prepare inspection report(s) to verify compliance with the reclamation plan and conditions of approval.

4. Prepare performance review letters for each site for City information and action.

5. Review Mitigation Monitoring Program (Program) for each site and submit a report to the City that identifies the operator’s compliance with the approved program.

6. Attend the City’s Planning Commission and City Council meetings on an as needed basis.

7. Perform other work requested by the City relating to SMARA or land-use entitlements on an as needed basis.

The deliverables for these services include a Notice of Completion of Inspection, Inspection Report (including photos and maps), FACE Adequacy Letter, Compliance Review Letter for User Permit/ RP Conditions, and reports of the operator’s compliance with the Mitigation Monitoring Program.

The work program for this project is divided into eight distinct functions: A) File Review, B) Annual Mine Reports, C) Mining Inspection, D) Financial Assurance Review, E) Prepare Inspection Report, F) Permit/Reclamation Plan Review and Approval, G) Mitigation Monitoring Verification, (H) Meeting Attendance.

Redlands Regular Meeting of 12-17-2024 184 of 1598
8 I:\cmo\Agreements\Enviromine, Inc. Agreement FY24-0081.docx-ms A. File Review/Site Familiarity
Prior to arriving at the mine site to conduct an inspection, it will be necessary to become familiar with the physical conditions of the site and complete a thorough review of all pertinent information relating to approvals for the project. This review provides the inspector with the necessary background to allow for a thorough inspection of the site. File review will include the approved reclamation plan, use permit, environmental documentation, and any other documents important to the site inspection.

The City is responsible for providing Consultant with a copy of the operator’s annual report (MMRC-2), approved Reclamation Plan, Conditional Use Permit, financial assurance, and Mitigation Monitoring Program for each site.

B. Annual Mine Reports
It is necessary for all Mine Operators to complete and submit annual reporting forms for active and idle mines. These reports provide an update to the City on any site conditions that may have changed within the past year and help inform the site inspectors.

Consultant will review the annual reports for adequacy and reach out to the Mine Operators on the City’s behalf to ensure all operators complete and submit their reports.

C. Mining Inspections
It should be the goal of any inspection program to work as a problem-solving tool. Not only are mine inspectors responsible for reviewing mining operations for compliance, the inspector must also serve as an ambassador of the lead agency. At times there are disagreements with the requirements of the approval conditions and mitigation measures. The inspector will be charged with interpreting and finding solutions to these problems. For this reason, it is important to develop a cordial working relationship with the mine operator. In most cases, solutions should be determined in the field with the mine operator. This approach will result in fewer complaints for the lead agency and assure implementation of all compliance conditions.

Consultant will perform the inspection for the listed operations. This will include contacting the Mine Operators to set up a date and time and inspecting the sites for compliance with the Conditional Use Permit, CEQA mitigation measures, and Reclamation Plan.

In some instances, it may be necessary to return to the site to follow-up on deficiencies noted in the site inspection. Where deficiencies are noted, the mine inspector may be required to specifically identify violations and note these on inspection reports. Should this occur, SMARA allows mine operators 30 days to correct deficiencies before being re-inspected. If additional inspections are required, an additional cost proposal will need to be approved.

Consultant understands the benefits to developing cooperative working relationships between the mine operator and the Lead Agency. As such, we will attempt to allow the operator to correct any deficiencies in the field on the day of the inspection. If satisfactory resolution cannot be reached in the field, we will consult with City staff to gain direction for further action. Our goal is to find solutions to problems.

Redlands Regular Meeting of 12-17-2024 185 of 1598
9 I:\cmo\Agreements\Enviromine, Inc. Agreement FY24-0081.docx-ms D. Financial Assurance Review
Annual review of financial assurances is required by SMARA to ensure that adequate surety is available should the operator default on the reclamation requirements. Review and adjustment of financial assurances can be time consuming. This depends, in large part, on the operator’s willingness to provide adequately detailed and justified estimates.

Consultant is uniquely qualified to review financial assurances. EnviroMINE authored the estimating procedure utilized by the State Mining and Geology Board as adopted in their Financial Assurance Guidelines. In addition, prepared several estimates for mining projects throughout California.

E. Inspection Reports
Site Inspection Reports shall be completed on the forms provided by the State Department of Conservation Division of Mine Reclamation.

Other items to be included with the report will include a listing of problem areas and issues of potential variance from the conditions of the use permit for the mining operation (land-use entitlements). When problem areas are identified (e.g. accelerated erosion), steps for correcting the problem will be suggested and listed in the report. This information may then be used by the operator and the City to assist with implementing corrective measures.

The City is recognized as the lead agency with ultimate authority for direction and content of information included in the inspection reports. Inspection reports will be completed within 90 days following the mine site inspections. The inspection report will be prepared and submitted to the operator, the City, and the State.

F. Permit/Reclamation Plan Review and Approval
The Santa Ana River floodplain is identified as a regionally significant aggregate resource and has historically been the subject of negotiations between resource agencies, the City, and mine operators. As a result of this activity, other work as requested by the City may also be conducted in the event that the City continues to receive mining permit applications. We are pleased to offer assistance with the review of permit and reclamation plan applications submitted to the City.

Consultant will work with City staff to review and comment on mining permit applications provided to the City for processing. All permit and reclamation plan applications will be reviewed against the City’s surface mining ordinances and SMARA to determine completeness and technical competence. Where deficiencies are identified, Consultant will provide comments for consideration by the City and ultimately for consideration by the applicant(s).

As the permit/reclamation plan applications progress through the review process, Consultant will assist with CEQA review and with the preparation of findings and conditions of approval.

Development of conditions of approval that meet compliance objectives requires substantial experience with permitting and compliance. Our experience with permitting for operators and lead agencies and with annual compliance reviews provides the necessary experience to develop conditions that will meet compliance objectives.

Redlands Regular Meeting of 12-17-2024 186 of 1598
10 I:\cmo\Agreements\Enviromine, Inc. Agreement FY24-0081.docx-ms Mining permit review services will be completed on an as-needed basis at the discretion of the City. Each request will be considered individually and completed on a time and materials basis.

G. Mitigation Monitoring Verification
In conjunction with the annual mine inspection and conditions of approval review, and at other times as required by the approved Mitigation Monitoring Program, Consultant. shall review each sand and gravel operation to determine compliance with the approved Program. Upon receipt and review of each operation’s Program, a report that identifies the operator’s compliance with the approved program will be prepared and submitted to the City. We will coordinate with the operator to correct any deficiencies that may exist. If satisfactory resolution cannot be reached with the operator, Consultant. will provide support to City staff with enforcement actions.

However, Consultant is not a code compliant service. Our role will be to monitor for compliance and report the findings of our investigation.

H. Meeting Attendance
Consultant may be asked to attend the City’s Planning Commission and the City Council meetings on an as needed basis. Additionally, the City may request to meet with staff in the field, or at the City to review and discuss specific Wash related issues, as well as being contacted by telephone from time to time for advice and comments on such issues.

Redlands Regular Meeting of 12-17-2024 187 of 1598
11 I:\cmo\Agreements\Enviromine, Inc. Agreement FY24-0081.docx-ms EXHIBIT "B"

PROJECT SCHEDULE
The work will commence December 3, 2024, and shall include Annual Inspections due through December 2, 2027. The contract shall initially be for a term of three (3) years with an option to extend two additional years subject to annual renewal upon satisfactorily completing the previous year’s scope of work.

Mining inspections must be completed within six months following the receipt of the annual report (between July and December) and financial assurances must be updated yearly (within 30 days of the annual inspection) to assure adequate surety is available to complete reclamation on the subject mining site.

Redlands Regular Meeting of 12-17-2024 188 of 1598
12 I:\cmo\Agreements\Enviromine, Inc. Agreement FY24-0081.docx-ms EXHIBIT "C"
Fee Schedule
Costs are based on labor and materials that are required to complete the scope of services. Total labor and materials charges to complete the annual mine compliance requirements through January 1, 2027, shall not exceed $24,500 per year.

The following budget represents the average cost of completing annual mine compliance for an individual site. The actual cost per site will depend on a number of factors, which include the amount of change the site has experienced in the past year and any compliance issues that are encountered
Task Hours Rate Total
File Review 2.00 $185 $370
Site Inspection 2.00 $185 $370

2.00 $155 $310
Financial Assurance Review 3.00 $185 $555
Complete Inspection Reports/
Mitigation Monitoring Verification

10.00 $155 $1,550
Principal Oversight 1.00 $265 $265
Travel Charge $0.65/mi $30
Average Cost Per Mine Site (5 Sites) $3,450
If necessary, Consultant will request approval from the City prior to completing any work that would result in exceeding the proposed budget. Copies of the inspection reports will be provided to the operator, the City and the Department of Conservation.

Should additional work be required, such as follow-up inspections, attending additional meetings or reviewing new mining projects, costs will be based on labor and materials that are required.

Redlands Regular Meeting of 12-17-2024 189 of 1598
13 I:\cmo\Agreements\Enviromine, Inc. Agreement FY24-0081.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.

ENVIROMINE, INC.

By: Date: ___________________
Warren R. Coalson, President
Redlands Regular Meeting of 12-17-2024 190 of 1598
RFP No. 20240920TM

PROPOSAL COVER PAGE
Name of Firm, Entity or Organization:

Federal Employer Identification Number (EIN):

State of California License Number (If Applicable):

Name of Contact Person:

Title:

E-Mail Address:

Mailing Address:

Street Address (if different):

City, State, Zip:

Telephone: Fax:

Organizational Structure – Please Check One:

Corporation Partnership Proprietorship Joint Venture Other If Corporation:

Date of Incorporation: State of Incorporation:

States Registered in as Foreign Corporation:

Authorized Signature:

Print Name: ______________________________________________________ Signature: _______________________________________________________ Title: ____________________________________________________________ Phone: __________________________________________________________ This document must be completed and returned with your Submittal.

EnviroMINE, Inc.

James DeCarolis
Project Manager
[email protected]
4711 Viewridge Ave., Suite 270
San Diego, CA 92123
619-284-8515 619-284-0115
James DeCarolis
1/24/2002 CA
Project Manager
619-284-8515
N/A
N/A
Redlands Regular Meeting of 12-17-2024 191 of 1598
October 3, 2024
Ms. Tricia Munoz
Development Services Department
City of Redlands
35 Cajon Street
Suite 20
Redlands, CA 92373
Re: Proposal for Surface Mining and Reclamation Act (SMARA) Compliance Support Services for the City of Redlands
Dear Ms. Munoz:

EnviroMINE, Inc. is pleased to present this proposal to provide annual mining compliance services for the City of Redlands through 2027 (three years). These services are intended to support City staff with lead agency annual compliance duties.

EnviroMINE has more than 30 years of experience with conducting SMARA surface mining inspections and financial assurance reviews. This experience has been gained in the Cities of Highland, Redlands, Lake Elsinore, Rialto, Upland, Twentynine Palms, Lake Forest, Town of Apple Valley, and the Counties of Santa Barbara, Calaveras, Tulare, and San Bernardino. Our knowledge of compliance objectives spans a variety of lead agency perspectives. We can bring this knowledge and experience to bear for the City of Redlands.

As indicated in the Request for Qualification, three (3) sets of the response and one electronic copy have been attached. A separate sealed envelope, with three (3) copies of the pricing information, is included separately.

Thank you for the opportunity to offer on this proposal. Should you have questions or comments, feel free to call at your convenience.

Sincerely,
EnviroMINE, Inc.,
James A. DeCarolis
Redlands Regular Meeting of 12-17-2024 192 of 1598
Proposal for
Sand and Gravel Annual Site Inspections,
Review of Financial Assurances, and Related
Inspection Services for Compliance with the
State Surface Mining & Reclamation Act
(SMARA)
RFP No. 20240920TM
Submitted to:

Development Services Department
35 Cajon Street, Suite 20
Redlands, CA 92373
Submitted By:
4711 Viewridge Avenue, Suite 270
San Diego, CA 92123
619-284-8515, Fax 619-284-0115
October 2024
Redlands Regular Meeting of 12-17-2024 193 of 1598
Table of Contents
I. Executive Summary and Company Information ................................ 1 II. Approach and Methodology .............................................................. 1 A. File Review/Site Familiarity……………………………………………………………..2 B. Annual Mine Reports…………………………………………………………………… .3
C. Mining Inspections………………………………………………………………………..3
D. Financial Assurance Review…………………………………………………………….3
E. Inspection Reports………………………………………………………………………...4
F. Permit/Reclamation Plan Review and Approval…………………………………….4 G. Mitigation Monitoring Verification……………………………………………………..5 H. Meeting Attendance……………………………………………………………………….5
III. Firm Information ............................................................................. 5 A. Seminars and Workshops Attended……………………………………………………5 B. Inspections Performed…………………………………………………………………….6
C. Lead Agency Compliance Services……………………………………………………..6 D. Financial Assurance Reviews……………………………………………………………6
E. Permit and Reclamation Plan Assistance…………………………………………….6 F. Permits Processed………………………………………………………………………….7
G. Years of SMARA Experience…………………………………………………………….7
IV. Organization/Qualifications ............................................................. 7 A. Key Personnel……………………………………………………………………………….8
B. Specialty Sub Consultants………………………………………………………………9
V. Staffing ............................................................................................ 9 VI. References ..................................................................................... 10 VII. Fee/Cost Proposal ......................................................................... 11 Attachments
Attachment 1 Statement of Qualifications
Attachment 2 Exceptions or Deviations Form
Attachment 3 Proposer Certification / Addenda Acknowledgement Form Attachment 4 IRS W-9 Form
Attachment 5 Current Certificate of Insurance
Redlands Regular Meeting of 12-17-2024 194 of 1598
1 I. Executive Summary and Company Information
EnviroMINE, Inc. is pleased to present this proposal to provide annual mining compliance services for the City of Redlands (City). The Agreement period will be for three (3) years beginning on December 3, 2024, through December 2, 2027, with the option to extend two (2) additional one-year (1) periods with the same terms and conditions by providing written notice at least 30 days prior to the expiration of the initial term or any extended term. These services are intended to support City staff with lead agency annual compliance duties. We have a unique consulting company with over 30 years of experience working in the Surface Mining and Reclamation Act of 1975 (SMARA) programs. EnviroMINE provides SMARA-related services to the construction aggregates industry and SMARA program management services for lead agencies throughout the State. We are unique because our hands-on mining experience enhances our abilities to understand the intricacies of SMARA as it relates to the needs of private and public interests.

EnviroMINE employs a staff of seven (7) full-time professionals with offices in San Diego, California. Firm President, Warren Coalson, has over 40 years of experience with the mining industry. This experience includes management of permitting and reclamation efforts at the nation's largest surface coal mine, supervision of mining reclamation, overburden and coal production, and processing plant operations.

EnviroMINE developed the financial assurance estimating guidelines adopted by the State Mining and Geology Board in 1993 and has developed a workshop on the preparation and review of reclamation cost estimates. EnviroMINE currently serves as SMARA compliance consultants for the Cities of Redlands, Highland, Upland, Twentynine Palms, the Town of Apple Valley and serves as lead agency representative for the City of Lake Elsinore. We have also completed mining compliance services for the counties of San Bernardino, Santa Barbara, Calaveras and Tulare, and have developed a SMARA compliance program for Contra Costa County. EnviroMINE’s staff has assisted lead agencies with the preparation of SMARA ordinances and establishment of internal forms and procedures for implementing SMARA compliance programs.

II. Approach and Methodology
The proposed compliance services would be undertaken to complete annual compliance requirements as outlined in SMARA and the City’s Surface Mining Ordinance. Mining inspections must be completed within 12 months of the previous inspection and financial assurances must be updated yearly, within 30 days of the annual inspection, to assure adequate surety is available to complete reclamation on the subject mining site.

Currently, the City has five (5) regulated mining sites. These sites are listed as follows:
• East Quarry South (formerly Old Webster Quarry)
• East Quarry North (formerly Redlands Aggregate Pit, Johnson Pit, and Orange Street Processing Plant)
• Plunge Creek Processing Plant and Silt Pond Quarry
• Alabama Street Quarry (formerly Alabama Street Northwest) Redlands Regular Meeting of 12-17-2024 195 of 1598
2 • West Quarry (formerly Alabama Street Northeast and Southeast) The following scope of services is proposed for each of the listed mining sites:

1. Perform inspections of SMARA-regulated mining operations to assure compliance with the approved reclamation plan and conditions of approval.

2. Review the Mining Operation Annual Reports (Annual Reports) form MMRC-2 and the Financial Assurance Cost Estimates (FACE) to determine adequacy under SMARA.

3. Prepare inspection report(s) to verify compliance with the reclamation plan and conditions of approval.

4. Prepare performance review letters for each site for City information and action.

5. Review Mitigation Monitoring Program (Program) for each site and submit a report to the City that identifies the operator’s compliance with the approved program.

6. Attend the City’s Planning Commission and City Council meetings on an as needed basis.

7. Perform other work requested by the City relating to SMARA or land-use entitlements on an as needed basis.

The deliverables for these services include a Notice of Completion of Inspection, Inspection Report (including photos and maps), FACE Adequacy Letter, Compliance Review Letter for User Permit/ RP Conditions, and reports of the operator’s compliance with the Mitigation Monitoring Program.

The work program for this project is divided into eight distinct functions: A) File Review, B) Annual Mine Reports, C) Mining Inspection, D) Financial Assurance Review, E) Prepare Inspection Report, F) Permit/Reclamation Plan Review and Approval, G) Mitigation Monitoring Verification, (H) Meeting Attendance.

A. File Review/Site Familiarity
Prior to arriving at the mine site to conduct an inspection, it will be necessary to become familiar with the physical conditions of the site and complete a thorough review of all pertinent information relating to approvals for the project. This review provides the inspector with the necessary background to allow for a thorough inspection of the site. File review will include the approved reclamation plan, use permit, environmental documentation, and any other documents important to the site inspection.

The City is responsible for providing EnviroMINE with a copy of the operator’s annual report (MMRC-2), approved Reclamation Plan, Conditional Use Permit, financial assurance, and Mitigation Monitoring Program for each site.

Redlands Regular Meeting of 12-17-2024 196 of 1598
3 B. Annual Mine Reports
It is necessary for all Mine Operators to complete and submit annual reporting forms for active and idle mines. These reports provide an update to the City on any site conditions that may have changed within the past year and help inform the site inspectors.

EnviroMINE will review the annual reports for adequacy and reach out to the Mine Operators on the City’s behalf to ensure all operators complete and submit their reports.

C. Mining Inspections
It should be the goal of any inspection program to work as a problem-solving tool. Not only are mine inspectors responsible for reviewing mining operations for compliance, the inspector must also serve as an ambassador of the lead agency. At times there are disagreements with the requirements of the approval conditions and mitigation measures. The inspector will be charged with interpreting and finding solutions to these problems. For this reason, it is important to develop a cordial working relationship with the mine operator. In most cases, solutions should be determined in the field with the mine operator. This approach will result in fewer complaints for the lead agency and assure implementation of all compliance conditions.

EnviroMINE will perform the inspection for the listed operations. This will include contacting the Mine Operators to set up a date and time and inspecting the sites for compliance with the Conditional Use Permit, CEQA mitigation measures, and Reclamation Plan.

In some instances, it may be necessary to return to the site to follow-up on deficiencies noted in the site inspection. Where deficiencies are noted, the mine inspector may be required to specifically identify violations and note these on inspection reports. Should this occur, SMARA allows mine operators 30 days to correct deficiencies before being re-inspected. If additional inspections are required, an additional cost proposal will need to be approved.

EnviroMINE understands the benefits to developing cooperative working relationships between the mine operator and the Lead Agency. As such, we will attempt to allow the operator to correct any deficiencies in the field on the day of the inspection. If satisfactory resolution cannot be reached in the field, we will consult with City staff to gain direction for further action. Our goal is to find solutions to problems.

D. Financial Assurance Review
Annual review of financial assurances is required by SMARA to ensure that adequate surety is available should the operator default on the reclamation requirements.

Review and adjustment of financial assurances can be time consuming. This depends, in large part, on the operator’s willingness to provide adequately detailed and justified estimates.

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4 EnviroMINE is uniquely qualified to review financial assurances. EnviroMINE authored the estimating procedure utilized by the State Mining and Geology Board as adopted in their Financial Assurance Guidelines. In addition, we also prepare several estimates for mining projects throughout California.

E. Inspection Reports
Site Inspection Reports shall be completed on the forms provided by the State Department of Conservation Division of Mine Reclamation.

Other items to be included with the report will include a listing of problem areas and issues of potential variance from the conditions of the use permit for the mining operation (land-use entitlements). When problem areas are identified (e.g. accelerated erosion), steps for correcting the problem will be suggested and listed in the report.

This information may then be used by the operator and the City to assist with implementing corrective measures.

The City is recognized as the lead agency with ultimate authority for direction and content of information included in the inspection reports. Inspection reports will be completed within 90 days following the mine site inspections. The inspection report will be prepared and submitted to the operator, the City, and the State.

F. Permit/Reclamation Plan Review and Approval
The Santa Ana River floodplain is identified as a regionally significant aggregate resource and has historically been the subject of negotiations between resource agencies, the City, and mine operators. As a result of this activity, other work as requested by the City may also be conducted in the event that the City continues to receive mining permit applications. We are pleased to offer assistance with the review of permit and reclamation plan applications submitted to the City.

EnviroMINE has provided similar services to the City in the past 30 years. We have also worked with a number of lead agencies in this capacity. The details of those specific projects are listed in the Firm Information (pg. 5).

EnviroMINE will work with City staff to review and comment on mining permit applications provided to the City for processing. All permit and reclamation plan applications will be reviewed against the City’s surface mining ordinances and SMARA to determine completeness and technical competence. Where deficiencies are identified, EnviroMINE will provide comments for consideration by the City and ultimately for consideration by the applicant(s).

As the permit/reclamation plan applications progress through the review process, EnviroMINE will assist with CEQA review and with the preparation of findings and conditions of approval. Development of conditions of approval that meet compliance objectives requires substantial experience with permitting and compliance. Our experience with permitting for operators and lead agencies and with annual compliance reviews provides the necessary experience to develop conditions that will meet compliance objectives.

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5 Mining permit review services will be completed on an as-needed basis at the discretion of the City. Each request will be considered individually and completed on a time and materials basis.

G. Mitigation Monitoring Verification
In conjunction with the annual mine inspection and conditions of approval review, and at other times as required by the approved Mitigation Monitoring Program, EnviroMINE, Inc. shall review each sand and gravel operation to determine compliance with the approved Program. Upon receipt and review of each operation’s Program, a report that identifies the operator’s compliance with the approved program will be prepared and submitted to the City. We will coordinate with the operator to correct any deficiencies that may exist. If satisfactory resolution cannot be reached with the operator, EnviroMINE, Inc. will provide support to City staff with enforcement actions.

However, EnviroMINE, Inc. is not a code compliant service. Our role will be to monitor for compliance and report the findings of our investigation.

H. Meeting Attendance
EnviroMINE, Inc. may be asked to attend the City’s Planning Commission and the City Council meetings on an as needed basis. Additionally, the City may request to meet with staff in the field, or at the City to review and discuss specific Wash related issues, as well as being contacted by telephone from time to time for advice and comments on such issues.

III. Firm Information
A. Seminars & Workshops Attended
1) Annual attendance at the CalCIMA Educational Conference 2) Attendance at the Harrison, Temblador, Hungerford, & Johnson (HTHJ) SMARA Seminar
3) Division of Mine Reclamation, Lead Agency Training
4) Division of Mine Reclamation, Reclamation Plan Training 5) Division of Mine Reclamation, Inspection Training
6) EnviroMINE, Inc. Financial Assurance Cost Estimating Workshop 7) MSHA Update Training
B. Inspections Performed
EnviroMINE has conducted annual mine inspections for the following lead agencies:

Lead Agency Years of Experience Annual Mine
Inspections
City of Redlands 1993-Present 5
City of Highland 1993-Present 3
City of Upland 2006-Present 3
City of Lake Elsinore 2009-Present 5
Redlands Regular Meeting of 12-17-2024 199 of 1598
6 City of Twentynine Palms 2019-Present 1
Town of Apple Valley 2021-Present 1
County of Calaveras 2023 3
City of Rialto 1993-2019 2
City of Lake Forest 1995-1996 1
Santa Barbara County 1996-1998 1
Tulare County 2006-2007 20
County of San Bernardino 2012 - 2013 50
C. Lead Agency Compliance Services
1) Mine site closures pursuant to California Code of Regulations (CCR) Title 14, Division 2, Chapter 8, Section 3805.5. in Lake Elsinore. 2) Provided annual compliance review services for the Cities of Rialto (1993- 2019), Upland (2006-Present), Twentynine Palms (2019-Present), Redlands and Highland (1993-Present), the Town of Apple Valley (2021-Present), as well as for the Counties of Calaveras (2023), San Bernardino (2012-2013), Santa Barbara (1996-1998) and Tulare (2006-2007). The latter involved training for County staff with inspections, inspection reporting and financial assurance review.
3) Attended numerous Office of Mine Reclamation (OMR) Lead Agency Review Team (LART) site inspections in San Diego, Santa Clara Counties and the City of Lake Elsinore.
4) Successfully defended City of Lake Elsinore at State Mining and Geology Board Hearings concerning Lead Agency assumption by the Board.

D. Financial Assurance Reviews
1) Reviewed annual financial assurance estimates for all operations in the Cities of Redlands, Highland, Upland, Lake Elsinore, Twentynine Palms and the Town of Apple Valley (18 sites) and approximately 50 sites in San Bernardino County.

E. Permit and Reclamation Plan Assistance
EnviroMINE has provided SMARA review and processing services to the following Lead Agencies:
1) City of Highland. Working as an extension of staff, assisted with the review of 2 major mining permit applications. Duties included scoping and review of EIRs for both projects (1993).
2) Assisted City staff (Rialto) with review of the Mid-Valley Landfill and Aggregate Recovery project (1996). Tasks included application review, and development of the staff report for City Council hearing. 3) San Bernardino County. Working as an extension of staff, conducted lead agency review of the Lytle Creek aggregates expansion. Assignment involved review of application for completeness, coordination with DOC staff and response to comments on reclamation plan, CEQA analysis (MND), Redlands Regular Meeting of 12-17-2024 200 of 1598
7 development of permit conditions and presentation before the Planning Commission (1997).
4) Assisted with review of 5 CUP/RP applications in the City of Redlands. This included CEQA review and preparing conditions of approval (2010). 5) Provide turnkey SMARA compliance and Reclamation Plan review services for the City of Lake Elsinore. Tasks involves high level coordination between the City and OMR staff, conducting all annual compliance inspections and review of financial assurances, follow up on enforcement and providing assistance with review of a new permit application (2009 - current).

F. Permits Processed
1) City of Highland. Working as an extension of staff, assisted with the review of 2 major mining permit applications. Duties included scoping and review of EIRs for both projects (1993).
2) Assisted City staff (Rialto) with review of the Mid-Valley Landfill and Aggregate recovery project (1996). Tasks included application review, and development of the staff report for City Council hearing. 3) San Bernardino County. Worked as an extension of staff, conducted lead agency review of the Lytle Creek aggregates expansion. Assignment involved review of application for completeness, coordination with DOC staff and response to comments on reclamation plan, CEQA analysis (MND), development of permit conditions and presentation before the Planning Commission (1997).
4) Assisted with review of 5 CUP/RP applications in the City of Redlands.

Provided comments for City staff and prepared conditions of approval (2010).
5) Provide turnkey SMARA compliance and permit review services for the City of Lake Elsinore. Task involved high level coordination between the City and OMR staff, conducting all annual compliance inspections and review of financial assurances; follow up on enforcement, modification of 3 reclamation plans to address compliance concerns, and providing assistance with review of one new permit application.
6) Appeared at Lake Elsinore City Council and City Planning Commission meetings to answer questions on mine operations within the City.

G. Years of SMARA Experience
1) Warren Coalson – 37 years (10 years Federal SMCRA experience) 2) Travis Jokerst – 21 years
3) James DeCarolis – 10 years
IV. Organization/Qualifications
A complete Statement of Qualifications (SOQ) is provided as Attachment 1 of this proposal. Staff assigned to this project are:

Redlands Regular Meeting of 12-17-2024 201 of 1598
8 A. Key Personnel
Warren R. Coalson, President, established EnviroMINE in 1992. He has over 40 years of experience with the mining industry. This experience has been established from a combination of hands-on application of permitting and operations assignments.

Gaining experience from a variety of industry and agency permitting and compliance assignments, Mr. Coalson is a recognized expert in the implementation of the California Surface Mining and Reclamation Act of 1975 (SMARA). He has prepared numerous environmental impact assessment documents covering a wide range of impact issues. He also has detailed knowledge of the construction aggregates industry including issues addressing mineral royalties, market dynamics, operations, and site reclamation.

Mr. Coalson oversees all of EnviroMINE's contracts and will provide support to the team and City as needed (expected 5% - 10% of his time devoted to this project and is based in Yuma, Arizona).

Travis Jokerst, Vice President, Senior Project Manager/Site Inspector, has 21 years of experience with mining operations, compliance and permitting. Mr. Jokerst conducts inspections, reporting, FACE reviews, and provides overall compliance advice.

Mr. Jokerst will assist with annual SMARA compliance objectives and will provide support to the team and City as needed (expected 5% - 10% of his time devoted to this project and is based in San Diego County).

James DeCarolis, Site Inspector/Project Manager, has 10 years of experience with mining operations, compliance, Geographic Information Systems (GIS), and operating an Unmanned Aerial Vehicle (UAV). Mr. DeCarolis also conducts inspections, reporting, FACE reviews, and provides overall compliance advice. He has acted as the Project Manager for lead agency SMARA compliance efforts as described below:

Lead Agency Years of Experience Annual Mine
Inspections
City of Redlands 2019-Present 5
City of Highland 2019-Present 3
City of Upland 2019-Present 3
City of Lake Elsinore 2021-Present 5
Mr. DeCarolis will serve as the Account Manager for City of Redlands SMARA compliance efforts. He will be fully involved in the successful completion of the project objectives. This effort will include review of all coordination of resources, report review, attendance at important meetings with operators and elected officials at the City's request. He will also be responsible for coordinating the efforts of technical specialists if necessary. Mr. DeCarolis will maintain communications with all City staff during this contract (expected 30% - 40% of his time devoted to this project and is based in San Diego County).

Redlands Regular Meeting of 12-17-2024 202 of 1598
9 All staff listed above who would be responsible for conducting mine inspections have completed the required Mine Inspector Training Workshop, taught by the California Department of Conservation Division of Mine Reclamation and are therefore certified to conduct mine inspections. Complete resumes for the professional staff identified are provided with this proposal.

Other EnviroMINE Staff (Available if needed, but not expected to participate with the services described herein):

Chris Boyer, Information Technology, Project Manager, Certified Mine Inspector, has more than 20 years of experience in a variety of technical applications. His varied background and technical education serve as a basis for providing professional level assistance on any assignment. His current assignments include project management duties for exploratory drilling operations and associated federal permitting, claims staking, the preparation of market studies, reclamation plans and performs UAV operations.

Mr. Boyer may assist with annual SMARA compliance objectives. He may be responsible for file review, assisting with onsite inspections and reporting, and assisting with reviewing FACEs.

Adam Berg, Office Manager/Project Assistant, Certified Mine Inspector, assists on a variety of projects. New to the mining and reclamation field, Adam is gaining experience with various regulations that affect mining operators and is learning how Lead Agencies implement these regulations. His duties include vendor communications, management of the official archives, and providing assistance to project managers. Like most EnviroMINE staff, Adam is trained in GIS software and has been certified to conduct mine inspections.

Mr. Berg may assist with annual SMARA compliance objectives. He may be responsible for similar tasks as Mr. Boyer as well as providing GIS support for any mapping needs.

B. Specialty Sub Consultants
Our proposal assumes that no sub consultants would be required.

V. Staffing
Warren Coalson is the sole principal for our firm and his qualifications have been provided. EnviroMINE, Inc. will provide the experienced staff resources to complete the assignment in the time frames requested. Each team member has adequate time available to complete the scope of work.

All staffing changes, including the involvement of any subcontractors, will be approved by the City, and we are committed to maintaining continuity and expertise throughout the contract term.

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10 VI. References
Over the past five (5) years, we have successfully completed numerous projects similar in scope and size to the services required. Below, we provide details of the relevant projects that demonstrate our capability to perform these services, including client contacts, project timelines, and key staff involved.

A. Ms. Tricia Munoz
Management Analyst
Development Services Department
City of Redlands
35 Cajon St., Suite 20
Redlands, CA 92373
(909) 335-4755 ext. 9
[email protected]
1) Annual SMARA Compliance Reviews (Refer to Section III. for project description and demonstrated capabilities).
2) 1993 - Present.
3) EnviroMINE staff: Warren Coalson (Inspector, Project Manager), Travis Jokerst (Inspector, Project Manager), James DeCarolis (Inspector, PM).

B. Mr. Joshua Winter
Senior Planner
Planning Division
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
(909) 931-4143
[email protected]
1) Annual SMARA Compliance Reviews (Refer to Section III. for project description and demonstrated capabilities).
2) 2006 - Present.
3) EnviroMINE staff: Warren Coalson (Inspector, Project Manager), Travis Jokerst (Inspector, Project Manager), James DeCarolis (Inspector, PM).

C. Mr. Carlos Norvani
Capital Improvement Projects Engineer
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
(951) 674-3124, ext. 248
[email protected]
1) Annual SMARA Compliance Reviews (Refer to Section III. for project description and demonstrated capabilities).
2) 2009 - Present.
3) EnviroMINE staff: Warren Coalson (Inspector, Project Manager), Travis Jokerst (Inspector, Project Manager), James DeCarolis (Inspector, PM).

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11 D. Mr. Ian Stevenson
Division of Mine Reclamation
California Department of Conservation
801 K Street, MS 09-06
Sacramento, CA 95814
(916) 323-5435
[email protected]
1) Coordinated on updating the Financial Assurance Cost Estimate forms and improving the inspection reporting process.
2) 2016 - 2017
3) EnviroMINE staff: Warren Coalson, Travis Jokerst
E. Mr. Kieth Gardner
Community Development Director
City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
(760) 367-6799 ext. 1008
[email protected]
1) Annual SMARA Compliance Reviews (Refer to Section III. for project description and demonstrated capabilities).
2) 2019 – Present.
3) EnviroMINE staff: Travis Jokerst (Inspector, Project Manager).

VII. Fee/Cost Proposal
In accordance with the instructions outlined in the RFP, our detailed fee and cost proposal has been submitted in a separate sealed envelope, clearly marked as "RFP No. 20240920TM SMARA Services Fee Proposal." This proposal includes a comprehensive breakdown of hourly rates, material costs, travel expenses, and any other associated charges related to the scope of work.

We have ensured that our pricing is competitive and aligned with the services requested.

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ATTACHMENT 1
Redlands Regular Meeting of 12-17-2024 206 of 1598
0 STATEMENT OF

QUALIFICATIONS
October 2024
4711 Viewridge Avenue, Suite 270
San Diego, CA 92123
619-284-8515 · (800) 755-3995
Fax (619)-284-0115
[email protected]
Redlands Regular Meeting of 12-17-2024 207 of 1598
i

STATEMENT OF QUALIFICATIONS
Contents

1.0 Introduction

2.0 Mining Services

2.1 Project Management for Mine Permitting

2.2 Resource Evaluation Studies

2.3 Due Diligence

2.4 Reclamation Planning

2.5 Mine Permitting

2.6 Reclamation Cost Estimates

2.7 Public Agency Services

2.8 Environmental Disclosure for Mining Projects

2.9 Mineral Property Management Strategies

2.10 Mineral Royalty Surveys

2.11 Mineral Royalty Negotiations

2.12 Market Studies for the Construction

2.13 Geographic Information Systems (GIS)

2.14 Aerial Mapping and Topographic Services

3.0 Qualifications

3.1 EnviroMINE Staff
Warren Coalson, President
Travis Jokerst, Vice President/Senior Project Manager
James DeCarolis, Project Manager/GIS & AutoCAD Specialist Chris Boyer, Assistant Project Manager
Adam Berg, Office Manager/Project Assistant

4.0 Partial List of Clients

5.0 Partial List of Projects
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1 1.0 Introduction
EnviroMINE, Inc. offers project planning, project management for permitting efforts, regulatory compliance, and resource valuation services. The firm consists of mining and environmental specialists with a broad understanding of mineral resource development and compliance, including the permitting requirements associated with site development, operations, and closure. The firm’s services extend to project management, resource evaluation, mine planning, permit acquisition, development of land use alternatives, land management, and environmental compliance and documentation. These services include mineral resource development on both private and public land holdings.

The EnviroMINE team’s primary mission is to provide outstanding professional and technical services, with customer service as our top priority. Since 1992, EnviroMINE has successfully carried out more than 2,000 projects for its clients and has developed an outstanding reputation for the quality of its services. Its experienced project managers work diligently to facilitate all aspects of project development. EnviroMINE prides itself on the firm’s ability to perform services in conformance with client’s scheduling demands and budget constraints.

The EnviroMINE team of experienced project managers brings over 40 years of experience in environmental impact and technical studies to any project. The firm offers leadership necessary to bring about the successful outcome of complex project issues, and has organized a team of technical experts and project management professionals particularly well suited to accomplish your project goals.

Warren Coalson, President, has over 40 years of experience with mine planning, land use, and environmental mediation in a variety of geographical areas throughout the western United States. Gaining experience from a variety of industry and agency permitting efforts, Mr. Coalson is a recognized expert in the implementation of the California Surface Mining and Reclamation Act of 1975 (SMARA). He has prepared numerous environmental impact assessment documents covering a wide range of impact issues. His entrepreneurial spirit and practical experience are beneficial in finding creative solutions to complex problems.

Travis Jokerst, Vice President, Senior Project Manager, has 20 years of experience with project management, the implementation of GIS technologies, preparing cost estimates, and conducting annual SMARA surface mining inspections. Mr. Jokerst’s assignments find him working in a project management function to facilitate permitting of aggregate projects throughout California. He has developed and processed many applications for mining development projects to include preparation of reclamation plans, Conditional Use Permit and Major Use Permit applications, Specific Plan Amendments, and subdivision maps. These duties include communicating with the client, coordination with technical specialists, and representing the client’s needs before regulatory agencies. He is also fully capable with GIS technologies, enhancing his ability to bring a variety of information sources to bear to facilitate permitting efforts. His versatility and willingness to address the needs of our clients makes him a valuable addition to any project team.

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2 James DeCarolis, Project Manager/GIS & AutoCAD Specialist, has 10 years of experience using GIS and AutoCAD software to implement spatial analysis on projects. These included site plans, mine designs, and volume calculations with both civil and environmental aspects. Mr. DeCarolis also serves as the head of EnviroMINE’s Unmanned Aerial Vehicle (UAV) program and is a licensed Part 107 Pilot. He conducts annual SMARA compliance reviews and has prepared numerous compliance and permitting documents such as financial assurance cost estimates, reclamation plans, and use permits throughout California. Mr. DeCarolis has prepared or assisted on economic, market, and royalty studies as well as estimated mining property valuations. Most recently, his work has included project management duties for projects such as exploratory drilling operations, habitat mitigation banks, and vested rights determinations. These duties include communicating with clients, coordinating with technical specialists, and representing the client’s needs before regulatory agencies.

Chris Boyer, Information Technology and Assistant Project Manager, has more than 20 years of experience in a variety of technical applications. His varied background and technical education serve as a basis for providing professional level assistance on any assignment. His current assignments include project management duties for exploratory drilling operations and associated federal permitting, claims staking, the preparation of market studies, reclamation plans and performs UAV operations. Chris has a winning attitude and is a key player on team assignments.

Adam Berg, Office Manager/Project Assistant, assists on a variety of projects. New to the mining and reclamation field, Adam is gaining experience with various regulations that affect mining operators and is learning how Lead Agencies implement these regulations.

His duties include vendor communications, management of the official archives, and providing assistance to project managers. Like most EnviroMINE staff, Adam is trained in GIS software. He is well organized, highly personable, and understands EnviroMINE’s devotion to immediacy.

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3 2.0 Mining Services

2.1 Project Management for Mine Permitting
EnviroMINE has extensive knowledge regarding all aspects of mining operations and development. The firm’s technical expertise sets it apart and allows EnviroMINE to confidently represent mining clients in the preparation of plans and permit documents for mining development projects. This experience extends to the day-to-day oversight of all consultants involved in site development activities, as well as the management of permitting and development efforts. EnviroMINE’s specific responsibilities may range from maintaining detailed schedules and budget management to the management of technical consultants, the performance of cost/benefit evaluations, and other assigned duties. The firm’s experience with all facets of project development, including site acquisition, mineral resource evaluation, and environmental review and permitting allows us to effectively guide a project from conception to production.

EnviroMINE has managed permitting and site development for a number of projects on both private and federal land holdings. Federal efforts have included permitting locatable and common variety mineral sites.

2.2 Resource Evaluation Studies
Mining companies must continuously search for new resources. This can be a timeconsuming and costly endeavor. EnviroMINE provides a number of valuable services that limit an investor’s liability during the resource acquisition phase. These services include evaluation of historical production rates and mining methods, geological reconnaissance, resource quality assessments, resource development and constraints analysis, market analysis, environmental permitting, and miscellaneous project management functions. It is difficult for mining companies to conduct evaluations without alerting competitors or raising undue concern from the public, EnviroMINE carries out its project tasks with strict adherence to client confidentiality to avoid unnecessary exposure to industry competition.

Resource evaluation services include coordination between the various specialists to identify exploration goals and cost/benefit assessments to determine the break point between required investment inputs and necessary returns. Our capabilities include the identification of broad regional exploratory programs that coordinate with marketing strategies to site specific resource drilling and testing programs to determine resource suitability for specific product needs.

EnviroMINE has also prepared and processed numerous exploration Notices through the Bureau of Land Management. These assignments have included the preparation of all maps, description of exploration activities, bond calculations, and management of environmental consultants required to address biological and cultural resource concerns.

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4 2.3 Due Diligence
Due diligence investigations typically involve the review of all elements of property transfer. This would include a review of property title, Phase I environmental audits, and review of state and federal permit documents to identify compliance problems and the potential for future liability. Due to the firm’s extensive experience working with a variety of mining operations and permitting requirements, EnviroMINE is able to identify issues of potential concern and suggest remedies for consideration, while identify potential issues as early as possible in the process.

2.4 Reclamation Planning
The development of an effective reclamation plan is an important element in the mine development process. The reclamation plan identifies minerals that will be recovered, environmental conditions of the project site, methods of recovery, schedules for mining and reclamation, and outlines methods needed to return the land to a beneficial post mining use. With the additional requirement for annual site inspections by local lead agencies, the reclamation plan has escalated as an important enforcement document for local resource agencies.

Post mining land use planning is an under explored issue in the development of reclamation plans. Often, land uses are proposed that do not adequately forecast future land use patterns and community needs and concerns. EnviroMINE seeks to develop post mining land use plans that address these concerns and identify potential community issues as early as possible in the process.

New development in reclamation methods evolves daily as environmental awareness receives greater attention. EnviroMINE's knowledge of current reclamation techniques results in the development of cost effective methods for restoring a mining site to a beneficial second use.

2.5 Mine Permitting
In California, the primary approvals required for a mining project revolve around the “Use Permit” and Reclamation Plan. EnviroMINE has assisted in the permitting efforts for over 2,000 mining proposals. These projects have ranged in size and scope from multidimensional aggregate operations, to roadside borrow pits. Our firm’s seasoned experience with Lead Agency permitting requirements includes both private industry and lead agency representation. As a result, EnviroMINE is fully versed in the nuances of the Surface Mining and Reclamation Act (SMARA) and companion approval processes.

EnviroMINE is adept in all areas of mine planning and permitting. This includes the development of mining and reclamation plans that allow efficient recovery of resources, while also providing measures for reducing reclamation liabilities. With specific reference to mining projects, the firm has extensive experience with blasting and extractive operations, soil management, revegetation, hydrology, and groundwater studies.

Beyond local land use permitting, a number of resource and permitting agencies play a significant role in the permitting process for mining projects. These include a number of agencies, such as the U.S. Army Corps of Engineers, Water Quality Control Boards, and Redlands Regular Meeting of 12-17-2024 212 of 1598
5 Air Pollution Control Districts. EnviroMINE has completed numerous assignments where it was necessary to obtain responsible agency permits for mining projects. These permitting efforts have included: air quality studies, NPDES compliance, U.S. Army Corps of Engineers Section 404 permits, California Department of Fish & Game Streambed Alteration Agreements, and U.S. Fish & Wildlife Services endangered species permits.

The firm undertakes these responsibilities with a spirit of finding sensible solutions to problems. EnviroMINE is well versed in the technical mandates of mining operations and permitting requirements. The EnviroMINE team is comfortable in all aspects of mineral resource development and compliance, from ensuring a thorough permit application to an appropriate regulatory agency, to assembling and coordinating a collaborate team to work on all aspects of mining operations. The firm is not too large to take on smaller permitting projects, and we are flexible enough to match a client’s needs to the appropriate member of our team to accommodate smaller projects, as needed.

2.6 Reclamation Cost Estimates
EnviroMINE developed the reclamation cost estimating procedures adopted by the California Board of Mining and Geology as the standard procedures for all mining projects. These guidelines have helped to standardize estimating procedures for the government and industry as well as reducing conjecture, thereby offering simple solutions for developing accurate cost estimates.

Reclamation cost estimates are required to determine the financial assurance requirements for a given mining site. The development of adequate cost estimates is a complex undertaking requiring experience estimating and implementation of reclamation plans. A detailed knowledge of mining methods, demolition, and reclamation is an important first step in this process.

2.7 Public Agency Services
EnviroMINE assists Lead Agencies in carrying out their annual inspection responsibilities under Public Resources Code (PRC) §2774(b) of the Surface Mining and Reclamation Act of 1975 (SMARA). Our inspectors attend training classes hosted by the Department of Conservation’s Division of Mine Reclamation (DMR) to stay abreast of current techniques, processes and any updates to the SMARA and the regulations. Our staff members also attend numerous DMR Lead Agency Review Team (LART) site inspections for our clients.

These teams are assembled, and inspections conducted, by DMR to evaluate a Lead Agency’s Management of the SMARA program.

The process requires the inspector to review and evaluate the Reclamation Plan, Annual Report, prior inspection reports and the current Financial Assurance Cost Estimates (FACE). This includes becoming familiar with the site’s history of compliance and permitting. A site visit is completed and a draft of the Department of Conservation’s Form MMRC_1 is completed. A conference is then held with the operator to discuss the observations. Each inspector utilizes discretion in addressing the circumstances particular to each mine site. Final inspection reports are completed and distributed to the Operator, the Lead Agency and the Department of Conservation. If necessary, EnviroMINE will develop a written Notice of Violation and provide assistance to the Lead Agency in all follow up and additional inspections as directed.

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6 Lead Agencies often find that SMARA is a difficult program to manage as it is seasonal effort and requires that specific timelines, reporting and enforcement procedures are followed. Because of this seasonality, staff members do not routinely work with these requirements and, as a result, may not oversee the requirements of the program as required by SMARA or the Lead Agency’s ordinance. If the DOC considers that the program is deficient they have the ability to issue a 15 day notice to the Lead Agency SMGB requiring that an action be taken or the DOC will take the required action. If the Lead Agency does not address the issues raised, the State Mining and Geology Board (SMGB) will issue a 45-day notice in which the lead agency status may be taken over by the State.

EnviroMINE has assisted multiple Lead Agencies in the State who have found their program in this situation by representing the Lead Agency at public hearings and developing a tailored SMARA compliance program for their jurisdiction. Our staff members summarize specific requirements under SMARA and make a number of recommendations for program design and management. This can include a complete evaluation of the Lead Agency’s program including organization, fees and ordinance review plus training of staff in inspection procedures and financial assurance review.

Information and recommendations are then used to assist the Lead Agency in responding to any State Notice to Correct Deficiencies and in retaining their Lead Agency status.

2.8 Environmental Disclosure for Mining Projects
The majority of mining projects require scrutiny through environmental disclosure reports. The staff’s hands-on experience with the mining industry results in a clear project description that can be used to ensure an accurate analysis of project-related impacts. When significant impacts are identified, EnviroMINE works with environmental specialists to identify attainable mitigation measures.

With plan-to-product experience, EnviroMINE endeavors to provide clients with costeffective services that achieve their intended results. In other areas, the firm cooperates with a network of highly qualified professionals to satisfy technical analysis requirements (archaeology, biology, traffic, air, etc.) and assure the accurate presentation of facts on sensitive issues. This results in credible findings and feasible, effective mitigation measures that limit liability and minimize delays.

2.9 Mineral Property Management Strategies
Mining companies devote their time to what they do best, mining. Vacant or idle properties owned by mining companies have the potential to generate income, or conversely, become a liability. EnviroMINE has experience preparing property inventories, categorizing their highest and best use, developing management plans to generate income, and make recommendations to reduce liability. Having property management plans in-place adds value to a company’s portfolio.

2.10 Mineral Royalty Surveys
EnviroMINE has completed numerous royalty surveys for public and private properties across California. These surveys are completed annually and are offered to selected Redlands Regular Meeting of 12-17-2024 214 of 1598
7 clients on a subscription basis. Data included in these studies includes descriptions of different types of royalties that are paid, actual prices paid, and comparison of royalties against other types of royalty agreements that may exist within the mining agreements.

Royalty rate surveys can also be matched with market studies to support royalty negotiations.

2.11 Mineral Royalty Negotiations
Property owners and mining companies need to understand the current fair market value of their assets when negotiating potential transactions. This valuation can be performed by an independent fee appraiser who typically makes a determination of what the market will bear. Appraisers often overlook other factors such as costs for site development and transportation because they are not addressed in standard appraisal procedures. Mineral royalties are different, however. EnviroMINE analyzes necessary factors in determining a range of fair market values of mineral royalties for negotiation purposes. Depending on the financial expectations of the client, EnviroMINE can recommend maximum rates of royalties to be paid, purchase price of royalty points, and report comparable examples.

EnviroMINE can also provide educational materials on behalf of the mining company to the property owner explaining the reasoning and fairness of royalty rates being negotiated.

2.12 Market Studies for the Construction Aggregates Industry EnviroMINE conducts market studies for specified areas. Market studies are useful for determining the need for new sites within a given area, support for alternatives analyses for environmental documents, support for royalty negotiations, and legal support for vested rights challenges. These studies typically document market demand, supply characteristics within the study area (i.e., reserve base, permit status, estimated annual production), and transportation economics.

2.13 Geographic Information Systems (GIS)
EnviroMINE can provide basic GIS services to fully document and present a variety of technical features. These features may include the analysis of local market influences, habitat constraints, transportation corridors, site selection analysis, and other issues of importance. EnviroMINE also uses GIS to complement its commitment to providing excellent customer service. The majority of the EnviroMINE staff is GIS capable and can respond quickly to all client needs.

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8 2.14 Aerial Mapping and Topographic Survey Services
EnviroMINE employs an Unmanned Aerial Vehicles (UAV) (or drone) to produce highquality, low cost aerial photos and topographic maps and aerial videos. Available applications for this advanced technology include:
• High Resolution Aerial Photos
• Second-day topographic contour mapping deliverables
• Stockpile inventories
• Reserve estimates
• Reclamation grading conformance
• Revegetation success criteria analysis.

EnviroMINE’s aerial services produce higher resolution aerial photos than traditional photos taken from a plane because our UAV flies much closer to the ground. This technology and associated software are capable of creating a surface model that is used to generate a topographic map at a significantly higher accuracy than traditional method.

The data collected has a relative accuracy from 10 cm down to 4cm. Sub-inch absolute accuracy (real-world coordinates) is achievable.

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9 3.0 Qualifications

3.1 EnviroMine Staff
Warren R. Coalson
President
Warren Coalson has over 40 years of experience with mine planning, land use, and environmental mediation in a variety of geographical areas throughout the western United States. Gaining experience from a variety of industry and agency permitting efforts, Mr.

Coalson is a recognized expert in the implementation of the California Surface Mining and Reclamation Act of 1975 (SMARA). He has prepared numerous environmental impact assessment documents covering a wide range of impact issues. His entrepreneurial spirit and practical experience are beneficial in finding creative solutions to complex problems.

Experience:

EnviroMINE, Inc., President
San Diego, California, 1992 – Present
Mr. Coalson established EnviroMINE in August of 1992. As President of EnviroMINE, he is personally involved with all facets of the business. Mr. Coalson has extensive professional experience in land use and environmental projects ranging from management of mining crews, market and resource evaluation studies for the aggregates industry, development of baseline environmental studies for mine permitting efforts, and current planning functions for agency planning departments.

Industry planning efforts range from identification of potential mining properties to the development of mining and reclamation plans, to completion of annual compliance audits and financial assurance estimates. Mr. Coalson has extensive lead agency experience where he has worked as an extension of staff in the review of mining applications, including the preparation of staff reports and conditions of approval. His experience with operations has allowed for the development of verifiable approval conditions that require limited field interpretation.

Mr. Coalson has gained a reputation as an expert in royalty negotiations between property owners and mining companies. His work has included detailed analysis of market conditions, evaluation of market competition factors and completion of royalty surveys for various clients. These assignments are taken on a participation basis to ensure the greatest return for the property owner.

Vested Mining Rights are the gold standard in mine permitting. This eliminates the need to obtain conditional mining permits and greatly reduces the cost to the property owner.

Mr. Coalson has successfully completed a number of vested mining rights determinations in lead agencies throughout California.

As an expert witness, Mr. Coalson has assisted parties with expert opinions on a variety of subjects including royalty disputes, eminent domain takings, professional malpractice, agency penalties, vested mining rights, and disputes between landowners and mining Redlands Regular Meeting of 12-17-2024 217 of 1598
10 operators. He is a skilled public speaker and is known for his ability to get directly to the point of his arguments.

Zucker Systems, Manager of Environmental Services
San Diego, California, 1989 - 1992
• Preparation of Environmental Impact Reports (EIR) and negative declarations for general plan amendments, subdivisions, water development, and mining projects. • Manager of Planning Services for the City of Imperial Beach. • Assistance in Planning Department Management Studies.

Black Butte Coal Company, Environmental / Reclamation Supervisor Point of Rocks, Wyoming, 1980 – 1988
Mr. Coalson was responsible for the preparation and maintenance of all mining permit documents for a 40,000-acre mine permit area. He supervised an on-site staff of nine full-time staff specialists, and was responsible for legislation review and negotiating mine permit stipulations with state and federal agencies. Other duties included evaluation and oversight of mineral lease acquisitions. He also served as Project Manager for a number of Environmental Impact Statements for mineral leasing and mining related land acquisitions. Mr. Coalson coordinated the work of a number of competing mining interests and Department of Interior personnel. In other areas, he was charged with the development and application of reclamation programs sufficient to reclaim an average of 300+ acres per year. His responsibilities included the development of operating budgets, reclamation bonding, reclamation design, monitoring, scheduling, equipment evaluations, reclamation supervision, water development and irrigation design.

Mr. Coalson was later transferred to field operations where he served as Reclamation Foreman, Blasting, Coal Production Foreman and Processing Plant Foreman. In these assignments, Mr. Coalson learned to apply reclamation practices, heavy equipment operations, blasting, and heavy equipment maintenance. For the completion of these assignments, he was required to hold certification as a Mine Foreman and Blaster.

Peter Kiewit Sons’ Company, Soil Scientist/Reclamation Specialist Omaha, Nebraska, 1979-1980
Mr. Coalson served as Soil Scientist/Reclamation Specialist while assisting with the acquisition and maintenance of mining permits for company mining projects. His responsibilities included:
• Preparation of soil and overburden studies for company coal mining permit applications for active and proposed mining operations in Montana, Wyoming and New Mexico.
• Environmental evaluations of potential mining sites throughout the western United States.
• Vegetation surveys for pre-mining base line studies.
• Development of company-wide soil erosion monitoring program. • Preparation of reclamation plans for mining permit applications. • Assisted with the preparation of environmental documents for six coal mine development projects.

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11 California Department of Forestry, Research Assistant Sacramento, California, 1978
Mr. Coalson served as a Research Assistant by gathering information on factors affecting soil erosion rates on over 250 timber-harvested lands in northern California. His efforts included soil mapping, preparing soil profiles, inventory of plant species, and establishing soil erosion measurement transects.

Plumas County Planning & Engineering Department, Engineering Aide 1975 - 1976
Mr. Coalson assisted with engineering evaluations of all land development projects under consideration with the Planning Department. This included field check and review of survey calculations, inspection of road improvements, and water systems. Other areas of responsibility involved designing and processing of grant applications for the expansion of three county airports.

Education:

B.A. Double Major, Geography and Environmental Reclamation California State University Chico, 1979
Memberships and Professional Affiliations:
• California Asphalt Pavement Association (CalAPA)
• California Construction and Industrial Minerals Association (CalCIMA) • East County Posse, Past President
• San Diego Regional Chamber of Commerce
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12 Travis A. Jokerst
Vice President, Senior Project Manager
Travis Jokerst has 20 years of experience with project management, the implementation of GIS technologies, preparing cost estimates, and conducting annual SMARA surface mining inspections. Mr. Jokerst’s assignments find him working in a project management function to facilitate permitting of aggregate projects throughout California.

These duties include communicating with the client, coordination with technical specialists, and representing the client’s needs before regulatory agencies. He is also fully capable with GIS technologies, enhancing his ability to bring a variety of information sources to bear to facilitate permitting efforts.

Mr. Jokerst has also reviewed and prepared numerous cost estimates for reclaiming mine sites throughout California. His experience with conducting annual SMARA compliance reviews and inspections has been gained in the Cities of Redlands, Highland, Rialto, Upland, Lake Elsinore, Twentynine Palms, as well as the Town of Apple Valley and the County of San Bernardino.

Experience:
• More than three years of office management experience at EnviroMINE’s main office location in San Diego.
• Preparation of Reclamation Plans and several Financial Assurance Cost Estimates for a variety of mining operations, some of which include inert debris landfills. • Managed technical consultants and coordinated with public agencies on a joint Environmental Impact Statement (EIS) / Environmental Impact Report (EIR) for a rock quarry in southern San Diego County.
• Site location analysis for a rock quarry and aggregate processing facilities using various limiting data sets. These data sets include population density, geology, roadway circulation, availability of critical public services, land use compatibility, and biological constraints.
• Coordination and oversight of multiple UAV/drone projects throughout the southwestern United States.
• Completion of annual mining inspections since 2003 for sites throughout the County of San Bernardino.
• Managed numerous projects involving permit processing for Site Plans, Major Use Permits, Conditional Use Permits, Surface Mining Permits, Tentative Parcel Maps, Boundary Adjustments, Rezones, and Building Permits.
• Identification of permeable land surface area through interpretation of soil classification, land use development, geology, elevation, and climatic influences. • Coordination with sub-contractors, consultants, community planning groups and county/city staff.

Work History:

EnviroMINE, Inc., Vice President, Project Manager, GIS Specialist, 2003-Current San Diego Police Department, Crime Analysis Unit, GIS Technician, 2003 U.S. Geological Survey, Water Resources Division, GIS Assistant, 2002 Redlands Regular Meeting of 12-17-2024 220 of 1598
13 Education:

BA Geography, San Diego State University, 2002
Seminars and Training
CEQA Workshop, Association of Environmental Professionals (AEP), 2003 Surface Mining and Reclamation Act Seminar, HTHJ Law, 2006 Site Work & Heavy Construction Estimating Seminar, RS Means, 2007 CalCIMA Annual Educational Conference, 2010
Surface Mining and Reclamation Act Lead Agency Workshop; Presented by the Office of Mine Reclamation, 2012
Situational Leadership II Seminar, The Ken Blanchard Companies, 2013 Historic Preservation & Native American Cultural Resources, HTHJ Law, 2014 CalCIMA Annual Educational Conference, 2014
Federal Lands Minerals Permitting, HTHJ Law/Lilburn Corp., 2015 CalCIMA's SWPPP Training Seminar, Haley Aldrich, 2015
Confident, Assertive & In Charge: Developing Attitudes of Leadership, Dale Carnegie Training, 2015
Surface Mining and Reclamation Act Seminar, HTHJ Law, 2018 Surface Mining and Reclamation Act Seminar, HTHG Law, 2022 SMARA Mine Inspector Training Workshop, Division of Mine Reclamation, 2023 Professional Affiliations:

California Construction and Industrial Materials Association (CalCIMA) Association of Environmental Professionals (AEP)
The Associated General Contractors (AGC)
The American Concrete Institute (ACI)
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14 James A. DeCarolis
Project Manager/GIS & AutoCAD Specialist
James DeCarolis has nearly 10 years of experience using GIS and AutoCAD software to implement spatial analysis on projects. These included site plans, mine designs, and volume calculations with both civil and environmental aspects. Mr. DeCarolis also serves as the head of EnviroMINE’s Unmanned Aerial Vehicle (UAV) program and is a licensed Part 107 Pilot. He has prepared numerous compliance and permitting documents such as financial assurance cost estimates, reclamation plans, and use permits throughout California.

Mr. DeCarolis has prepared or assisted on economic, market, and royalty studies as well as estimated mining property valuations. Most recently, his work has included project management duties for projects such as exploratory drilling operations, habitat mitigation banks, and vested rights determinations. These duties include communicating with clients, coordinating with technical specialists, and representing the client’s needs before regulatory agencies. Vested rights determinations are especially tough projects to get approved by lead agencies. Mr. DeCarolis has become proficient researching and proving vested rights for multiple clients while gaining a good working knowledge of the relevant case law that shapes those determinations.

Experience:
• Performed or supervised the aerial photography and topographic mapping of more than 200 mine sites.
• Completion of annual mine inspections for various lead agencies in Southern California.
• Prepared and updated Financial Assurance Cost Estimates, Annual Reports, and Initial Studies.
• Researched and prepared a request for a Vested Rights Determination which was approved in 2022.
• Prepared Exploration Plan of Operations, Environmental Assessments, and worked as the NEPA coordinator for projects on public lands.
• Researched, prepared, and updated multiple Reclamation Plans. • Analyzed volume calculations of mine plans using AutoCAD software.

Skills/Qualifications:
• ASPRS UAS Technologist
• Part 107 UAS Pilot
• ArcGIS software
• AutoCAD
• SMARA Inspection Workshop
• Qbase
• Pix4D
• VG4D UAV Explorer
Work History:

EnviroMINE, Inc., Project Manager, GIS & AutoCAD Specialist San Diego, California, 2014 – Present
Southern California Mountains Foundation, Restoration Intern/Supervisor Big Bear, California, Summer 2014
Jackman Group, Accounting Clerk/ Administrative Assistant Redlands Regular Meeting of 12-17-2024 222 of 1598
22 Coronado, California, Summer 2012-2013
Education:

Bachelor of Arts in Environmental Business, University of Redlands, 2014

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23 Chris Boyer
Information Technology and Assistant Project Manager
Chris Boyer has more than 20 years of experience in technical and project management experience. His varied background and technical education serve as a basis for providing professional level assistance on any assignment. His current assignments include the preparation of market studies, reclamation plans, claim staking research and technical support for UAV operations.

Experience:
• Preparation of Market Studies.
• Preparation of Reclamation Plans.
• Updated Financial Assurance Cost Estimates.
• Assists in UAV operations aerial photography and topographic mapping. • Provide technical support for UAV operations.
• Claim Staking Operations
Skills/Qualifications:
• ArcGIS (3D Analyst)
• AutoCAD
• Postflight/Pix4D
• Microsoft Project
• DJI GO 4
• FlyLitchi
• Premier Pro
Certifications/Awards:

Certified Associate in Project Management (CAPM)®
Certified Cisco Meraki Network Operator
Top Tech Exec Awards Nominee 2015-2020
Microsoft Office Specialist: Master
Work History:

EnviroMINE, Inc., Assistant Project Manager
San Diego, California, 2020 – Present
Academy of Our Lady of Peace, Director of Technology
San Diego, California, 1998 – 2020
Lantech Technologies, Owner
San Diego, California, 1998 – Present
Logical USA, IT Support
San Diego, California, 1990 – 1998
Education:

M.S. Information Technology Management, Western Governors University, 2019 B.S. Mathematics, San Diego State University, 1998
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24 Adam R. Berg
Office Manager and Project Assistant
Adam assists on a variety of projects. New to the mining and reclamation field, Adam is gaining experience with various regulations that affect mining operators and is learning how Lead Agencies implement these regulations. His duties include vendor communications, management of the official archives, and providing assistance to project managers. Like most EnviroMINE staff, Adam is trained in GIS software. He is well organized, highly personable, and understands EnviroMINE’s devotion to immediacy.

Work History
2022-Current Office Manager and Project Assistant, EnviroMINE, Inc.

San Diego, CA
2021-2022 GIS Intern, Hargis and Associates
San Diego, CA
2018-2022 Service Advisor, Wheels Inc.

Chicago, IL
2000-2016 Senior Specialist Technician, Nissan/Infiniti North America Escondido, CA
Education
2022 GIS Certificate, San Diego Mesa College
2019 B.A. Geological Sciences, San Diego State University 2016 A.S. Geology, Palomar College
Redlands Regular Meeting of 12-17-2024 225 of 1598
21 4.0 Partial List of Clients
Mining Industry
All American Asphalt
Arnold Schmidt
Argent Materials
Associated Concrete
Cemex
Central Valley Concrete
C.W. McGrath Materials
EBI Construction, Inc.

Endangered Habitats Conservancy
Ennis Enterprises
First Industrial Realty Trust
G3 (Gallow Industires)
Golden Queen Mining Company, LLC
Granite Construction Company
Gregory Canyon Landfill
Hester’s Granite Company
JEB Sand & Gravel
Kingreg Capital
Kirkland Mining Company
KORE Mining
Lapeyre Industrial Sand
Liberty Bell Resources
Lehigh Hanson
Lomerias Muertas Quarry
M. J. Baxter Drilling & Blasting
Merced River Aggregates, Inc.

Modoc County Road Department
Nordic Industries, Inc.

Northern Aggregates, Inc.

Palomar Grading & Paving
Pacific Clay Products
Pioneer Southwest, Inc.

Placer Mining Corporation
Pleasanton Gravel Company
Pyramid Construction & Aggregates
Quinault Nation
Rancho Arroyo Seco
Robertson’s Ready Mix
RCP Block & Brick
R. J. Noble
Superior Ready Mix
United Rock Products/Sully-Miller Contracting
Vulcan Materials
Wier Asphalt
Yavapai/Apache Nation
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22 Zanker Road Resource Management, LT
Public Agency Mining Clients
Arizona Department of State Lands
Contra Costa County
Modoc County
Riverside County
San Bernardino County
San Diego County
Santa Barbara County
Tulare County
City of Highland
City of Lake Elsinore
City of Lake Forrest
City of San Diego
City of Redlands
City of Rialto
City of Upland
Other Clients
AirTouch Cellular
American Towers Corporation
Arie DeJong, Hilltop Ranch
Centex Homes
Cottonwood Golf Course
Chaparral Estates Corporation
Cushman & Wakefield Appraisals
Dick Con Construction
DMB Associates
Endangered Habitats Conservancy
FMV Appraisals
G. M. Brown Construction
Headquarters West Appraisals
Helix Water District
Jacumba Valley Ranch
Jones, Roach & Caringella Appraisals
Legacy Partners
McKinnon Broadcasting
New Urban West, Inc.

Northwest Development, Inc.

Otay Water District
Quinault Nation
Searles Company
Shopoff Development
Sweetwater Authority
TC Construction
Ventura County Water Protection District
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23 5.0 Partial List of Projects
Mining Development and Reclamation Planning
Newman Ridge Quarry – Resource Evaluation and Permitting, Rancho Arroyo Seco Guadalupe Canyon Quarry – CUP and Reclamation Plan, CA, Evans Brothers, Inc.

Grimes Rock- CUP and Reclamation Plan, Grimes Rock, Inc.

Rosemary’s Mountain – MUP and Reclamation Plan Amendments, Granite Construction
Parks Bar Quarry – Reclamation Plan, Nordic Industries
El Monte Sand Pit – Nelson & Sloan Company
El Monte Sand Mine and Nature Preserve, Resource Evaluation and Permitting, El Monte Nature Preserve, LLC
Sedco Hills D. G. Pit – D. Younger Company
Vigilante Quarry - Hanson Aggregates and M. J. Baxter Drilling & Blasting Superior Ready Mix – Various confidential projects
Resource Classification and Designation, Superior Ready Mix Jamul Quarry Permit Compliance - CalMat Company
Sloan Canyon Sand Company, Corps of Engineers 404 Permit, CalMat Co.

National Quarries Resource Evaluation, Mining/Reclamation Plan – National Quarries Litigation Support for Vested Rights Determination, National Quarries Olsen Canyon Quarry, Resource Evaluation and Permitting, Kingreg Capital Otay Ranch Pit, Mining & Reclamation Plan – Hanson Aggregates Otay Hills Quarry, Resource Evaluation, Planning and Permitting, Superior Ready Mix Sweetwater Reservoir Sand Pit Closure Plan - Sweetwater Authority Santa Margarita Quarry, Mine Planning Alternatives, Hanson Aggregates Pala Sand Pit, Corps of Engineers 404 Permit, Hanson Aggregates Slaughterhouse Canyon Quarry, Major Use Permit Modification, Hanson Aggregates Circle F Ranch, Resource Evaluation and Permitting, RCP Block & Brick Channel Road, Major Use Permit for Site Development, Hanson Aggregates Hester’s Granite Company, Plan of Operations/EA for BLM Sales Contract Turvey DG Pit, Major Use Permit and Reclamation Plan, Mark Turvey Blasting Plan for Rosemary’s Mountain Quarry, Granite Construction Post Approval Compliance for Oceanside Batch Plant, Hanson Aggregates Mead Valley Quarry, Resource Evaluation and Permitting, First Industrial Realty Trust Permanente Quarry, CUP and Reclamation Plan, Lehigh-Hanson Brisa Del Mar Reclamation and Riparian Restoration Plan, EWM Investments San Diego River Restoration, Resource Evaluation and Permitting, County of San Diego
El Monte Sand Pit Wetland Restoration Plan, Endangered Habitats Conservancy Jackpot Gold, Placer Mining Corporation
Gold Nugget Mine, Crystal Pistol Resources
Resource Evaluations
Mineral Resources Valuation for Arizona Department of State Lands Valuation Support for Otay Ranch Pit Appraisal, Cushman & Wakefield Quarry and Batch Plant Site Selection and Permitting, Confidential Client Hanson Aggregates West, Santa Margarita Quarry, Reserve Enhancement Preliminary Quarry Siting Investigations, Confidential Clients Pacific Clay Products, Lake Street Operations, Lake Elsinore, CA Waialua Sand, Resource Evaluation, Dole Corporation
Alternative Site Assessment for Aggregate Development, Granite Construction Schmidt Aggregate Resource Assessment and support for Inverse Condemnation Golden Queen Mining Company LLC, Aggregate Resource Evaluation Redlands Regular Meeting of 12-17-2024 228 of 1598
24 Preparation of NI 43-101 Technical Report Mineral Resource Estimate for Hell’s Kitchen Geothermal, Inc., Imperial County, CA.

Economics, Market Studies, and Royalty Surveys
Aggregate Investment Analysis and Market Study, First Industrial Realty Trust, LLC.

Arizona Construction Aggregates Market Study, Lehigh-Hanson Vernallis Resource Evaluation and Market Analysis, FMV Opinions Economic Assessment to support EIR, Northern Aggregates, Inc.

Quarry Investment Analysis, Various Clients
Sacramento Area Construction Aggregates Market Study, Confidential Client Southern California Construction Aggregates Market Study, Granite Construction Southern California Construction Aggregate, Asphalt and Ready-Mix Concrete Market Study, Confidential Client
Southern California Construction Aggregate, Asphalt and Ready-Mix Concrete Market Study, KORE Mining
San Diego County Market Study, Homeland Investments
Southern San Diego County Market Study, Cushman & Wakefield Northern San Diego County Market Study, Cushman & Wakefield Twenty-Nine Palms/Coachella Valley Market Study, Cushman & Wakefield Los Angeles Area Construction Aggregates Market Study, Confidential Client Inland Empire Construction Aggregates Market Study, Confidential Client San Joaquin Valley Construction Aggregates Market Study, Confidential Client Mineral Valuation using Discounted Cash Flow Methodology, Confidential Clients National Quarries, Vested Rights and Demand Analysis, National Quarries, Inc San Benito County Construction Aggregates Study, Lomerias Muertas Quarry Statewide Royalty Survey, Annually
Sacramento Area Royalty Survey, 2008
Sacramento Valley, Average Sales Price/Fair Market Value Survey, Confidential Client Sediment Management Evaluation, Ventura County Department of Public Works Hallwood Fruit Company, Royalty Negotiations, Yuba County Hanson Aggregates West, Inland Rock, Royalty Negotiations Hanson Aggregates Pacific Southwest, Vigilante Rock, Royalty Negotiations Hanson Aggregates West, Statewide Royalty Survey
Palo Verde Ranch Home Owners Association, Royalty Negotiations Lew Family Trust, Royalty Negotiations
County of San Diego Real Estate Services Division, Royalty Negotiations Helix Water District, Royalty Negotiations
Soledad Canyon Royalty Survey, Headquarters West (for US Forest Service) Market and Royalty Evaluation, San Bernardino Water Conservation District Ventura County Construction Aggregates Market Study, Ventura County West Coast Port Cities Aggregate Market Evaluation, Quinault Nation Yavapai-Apache Asphalt Market Study, Central Arizona
Environmental Assessments for Mining Projects
Vigilante Quarry EIR – Hanson Aggregates/Baxter Drilling White Pit EIR - Imperial County Planning Department
Emergency Coal Lease EIS - Black Butte Coal Company
Redlands Aggregate Pit Mitigated Negative Declaration, City of Redlands Alabama Street Pit Mitigated Negative Declaration, City of Redlands El Monte Sand Pit Negative Declaration, Nelson & Sloan Co.

Road Abandonment and Land Exchange EA and FONSI - Decker Coal Company.

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25 Sloan Canyon Sand Company, EA for Army Corps of Engineers, CalMat Company Hester’s Granite Company, EA for Plan of Operations
Circle F Ranch Sand Project, EIR – RCP Block & Brick
Lytle Creek – Mitigated Negative Declaration, County of San Bernardino Other Mining Related Assignments
Financial Assurance Guidelines for State Mining and Geology Board Financial Assurance Estimates, Various Clients - (Approximately 70 annually) Due Diligence Review for Property Acquisitions, Various Clients CalMat Co. (Vulcan Materials), Master Permit Manuals
Hanson Aggregates, Master Permit Manuals
Surface Mining and Reclamation Act Planning Efforts
Contra Costa County - SMARA Compliance Program
City of Highland - Development Review Services
City of Redlands - Development Review Services
City of Rialto - Development Review Services
Riverside County - Fee Nexus Study for SMARA Program
State Board of Mining and Geology - Financial Assurance Estimating Guidelines San Bernardino County – Development Review Services and annual mine inspections Annual Monitoring for Mining Projects
San Bernardino County -- Annual SMARA Compliance
Santa Barbara County - Annual SMARA Compliance
Tulare County – Annual SMARA Compliance
City of Lake Elsinore - Annual SMARA Compliance
City of Lake Forest Annual SMARA Compliance
City of Highlands - Annual SMARA Compliance
City of Redlands - Annual SMARA Compliance
City of Rialto – Annual SMARA Compliance
City of 29 Palms – Annual SMARA Compliance
City of Upland – Annual SMARA Compliance
Environmental Impact Assessments (General)
Stage Coach Springs Subdivision EIR – County of San Diego Dick-Con Corporation Subdivision EIR - County of San Diego Vista Pacifica Subdivision EIR – County of San Diego
Imperial Beach Club EIR - City of Imperial Beach
El Monte Golf Course EIR – Helix Water District
Water Development Projects
Otay Mesa Groundwater Development Environmental Assessment, Otay Water Dist.

Regulatory Site Water Storage and Pipeline EIR, Otay Water District Daley Ranch Groundwater Development, Otay Water District Rancho Jamul Reservoir Siting and Alternatives Analysis, Otay Water District On-Call Environmental Services, Otay Water District
Hillsdale Reservoir Siting and Alternatives Analysis, Otay Water District Redlands Regular Meeting of 12-17-2024 230 of 1598
ATTACHMENT 2
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RFP No. 20240920TM

EXCEPTIONS OR DEVIATIONS TO SPECIFICATIONS
Note: Proposer must sign the appropriate statement below as applicable. ( ) Proposer understands and agrees to all terms, conditions, requirements and specifications stated herein.

Firm:

Signature:
( ) Proposer takes exceptions to terms, conditions, requirements, or specifications stated herein. (Proposer must itemize each exception below and return with the Proposal Form.)
Firm:

Signature:

The proposer should note that any exceptions taken from the stated terms and/or specifications may, but not necessarily will be cause for their submittal to be deemed “non-responsive”, risking rejecting of the submittal.

Attached are _________ additional pages.

This document must be completed and returned with your Submittal X
EnviroMINE, Inc.

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RFP No. 20240920TM
PROPOSER’S CERTIFICATION
Submit To: City of Redlands
City of Redlands
Development Services Department
35 Cajon Street, Suite 20
P.O. Box 3005
Redlands, CA 92373

CITY OF REDLANDS

REQUEST FOR PROPOSAL (RFP) CERTIFICATION

AND ADDENDA ACKNOWLEDGMENT
DUE DATE: October 7, 2024 DUE TIME: 4:00pm PST RFP No. 20240920TM TITLE: SMARA Consulting
VENDOR NAME: PHONE NUMBER:

VENDOR MAILING ADDRESS: FAX NUMBER:

CITY/STATE/ZIP: E-MAIL ADDRESS:
“I, the undersigned, certify that I have reviewed the addenda listed below (list all addenda received to date). I understand that timely commencement will be considered in award of this RFP and that cancellation of award will be considered if commencement time is not met, and that untimely commencement may be cause for assessment of liquidated damages claims. I further certify that the services will meet or exceed the RFP requirements. I, the undersigned, declare that I have carefully examined the RFP, specifications, terms and conditions as applicable for this Request, and that I am thoroughly familiar with all provisions and the quality and type of coverage and services specified. I further declare that I have not divulged, discussed, or compared this RFP with any other Offer or and have not colluded with any offerors or parties to an RFP whatsoever for any fraudulent purpose.” _______________________ ____________ ____________ ____________ Addendum # Addendum# Addendum # Addendum # Addendum #
“I certify that this quote is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting an RFP for the same material, supplies, equipment or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this RFP and certify that I am authorized to sign this response and that the offer is in compliance with all requirements of the RFP, including but not limited to certification requirements. In conducting offers with an agency for the City of Redlands respondent agrees that if this proposal is accepted, the respondent will convey, sell, assign, or transfer to the City all rights, title and interest in and to all causes of action it may now or hereafter acquire under the anti-trust laws of the United States for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City’s discretion, such assignment shall be made and become effective at the time the purchasing agency renders final payment to the respondent.”
__________________________________________________ _______________________________________________ Authorized Agent Name, Title (Print) Authorized Signature Date This form must be completed and returned with your Submittal EnviroMINE, Inc.
4711 Viewridge Ave., Suite 270
619-284-8515
619-284-0115
San Diego, CA 92123 [email protected]
1 James DeCarolis 10/2/2024
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ATTACHMENT 5
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RFP No. 20240920TM Page 1 of 24
City of Redlands
Development Services Department
www.cityofredlands.org

REQUEST FOR PROPOSAL
RFP No. 20240920TM
TO PROVIDE:

Sand and Gravel Annual Site Inspections,
Review of Financial Assurances, and
Related Inspection Services for Compliance with the
State Surface Mining & Reclamation Act (SMARA)
Date Issued: September 20, 2024
Date Due: October 7, 2024 @ 4:00 p.m. P.S.T.

Responses received and opened at:

City of Redlands,
Development Services Department
35 Cajon Street, Suite 20
Redlands, CA 92373
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RFP No. 20240920TM Page 2 of 24
I. INTRODUCTION
A. Background
The City was incorporated in 1888. The City is a general law city and has a council-manager form of government with a five-member City Council serving five districts. The City Council Members are elected at large to serve as council members for four-year terms. Full-service functions of the City government are carried out by approximately 635 full-time and part-time staff members. The population of the City is approximately 72,000 residents and consists of 36 square miles within the City limits. The City’s General Fund Budget for fiscal year 2024-25 is approximately $127.5 million.

B. Purpose
The City is seeking to enter into a contract with a firm which can serve as the City’s Contract Sand and Gravel Specialist and assist Department Staff and the various Boards and Commissions which are concerned with sand and gravel operations in the Santa Ana River Wash area adjacent to the City. Two (2) major sand and gravel operations (Robertson Ready Mix and CEMEX) are located in the Upper Santa Ana River Wash area within the Cities of Highland and Redlands. These operations include five (5) sand and gravel mines, two (2) sand and gravel processing plants, cement batch plants, asphalt batch plants and related activities. The mining activities are subject to requirements of the State Surface Mining and Reclamation Act (SMARA) and various land use entitlements. Total mining production for CEMEX and Robertson’s is 4.5 million tons per year (MTPY). Current Conditional Use Permits as specified by the Upper Santa Anna River Wash Land Management Plan, maximum production of the aggregate processing plants would be 3.0 million tons per year for each mining company, with a combined total of 6.0 MTPY in total production. The existing mining footprint covers approximately 865 acres. The combined footprint of CEMEX and Robertson’s quarries and associated facilities would total 1,191 acres, an approximately 37.6 percent increase in acreage. In addition to the sand and gravel operations, the San Bernardino Valley Water Conservation District manages extensive portions of the wash for water spreading purposes, the Department of Interior (Bureau of Land Management), the San Bernardino County Flood Control District and others are responsible for other activities in the Wash area.

C. RFP Contact
All correspondence, including Proposals and questions, must be submitted to the person identified below (RFP Contact):

City of Redlands
Development Services Department
Attn: Tricia Munoz, Management Analyst
35 Cajon Street, Suite 20
Redlands Regular Meeting of 12-17-2024 242 of 1598
RFP No. 20240920TM Page 3 of 24
Redlands, CA 92374
(909) 335-4599 Ext. 9 Phone
Email: [email protected]
Proposals will not be accepted by email or facsimile. Proposals must be submitted via hard copy with original signature submitted to the address indicated above.

II. PROPOSAL TIMELINE
Listed below are the important dates and times by which the actions noted must be completed. All dates are subject to change by the Purchasing Manager. If the Purchasing Division finds it necessary to change any of these dates or times prior to the proposal due date, the change will be accomplished by addendum.

Release of RFP No. 20240920TM Friday, September 20, 2024 Deadline for Submission of
Questions (submitted online)
Thursday, September 26, 2024, at 4:00
pm PST
Submittal of Answers to Questions
(posted online)
Wednesday, October 2, 2024, by 4:00
pm PST
Deadline for Proposals Monday, October 7, 2024, by 4:00 pm PST
Date for Tentative Contract Award November 2024
Note: The City is closed on alternate Fridays (September 27 th).

Questions regarding the contents of this RFP must be submitted on or before the Deadline for Submission of Questions and directed to the RFP Contact online through PlanetBids https://pbsystem.planetbids.com/portal/24639/portal-home. All questions will be answered, and both the question and answer will be posted as an Addendum to the RFP in PlanetBids.

III. DEFINITIONS
Capitalized terms used in this RFP shall have the meanings given to them in the RFP and as defined below:

Agreement: The Contract between the City and the Proposer resulting from the award issued pursuant to this RFP to the successful Proposer.

Consultant: Any individual, company, firm, corporation, partnership or other organization to whom a contract award is made by the City. Consultant is also referred to as “Proposer” or “Vendor” within this RFP.

Facilitator: A City designated individual tasked with managing the processes of the evaluation panel.

Proposal: The offer to provide specific goods or services at specified prices and/or other conditions specified in the RFP.

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Request For Proposal (RFP): The request for an offer from Proposers interested in providing the identified services sought to be procured by the City. The RFP specifies the evaluation factors to be used and contains or incorporates by reference contractual terms and conditions applicable to the procurement.

Reference Terms: Any headings in this document are for the purposes of reference only and shall not limit or otherwise affect the meaning thereof. Any reference to gender shall be construed to include all genders, firms, partnerships and corporations. References in the singular shall be construed to include the plural and references in the plural shall be construed to include the singular. Any reference to the “City” or the “City of Redlands” shall be construed to refer to the City for which the solicitation was issued, and the City shall be the legislative authority for all matters concerning this solicitation or the resulting contract(s).

Services: The requested professional services described in this RFP.

Subcontractor: An individual, company, firm, corporation, partnership or other organization, not in the employment of or owned by Consultant who is performing services on behalf of Consultant under the Agreement or under a separate contract with or on behalf of Consultant.

IV. SCOPE OF WORK
The selected firm will provide adjunct staff support to ensure that the sand and gravel operations are conducted in compliance with the State Surface Mining and Reclamation Act including conducting annual site audits, reviewing financial assurances, determining whether the operations are conducted in compliance with the various land use entitlements, performing mitigation monitoring as appropriate and associated Reclamation Plans, etc. Fees for the various tasks will be on a time and materials basis and will be paid for by deposits from the sand and gravel operators. In addition, other work as requested by the City may also be conducted relating to activities in the Wash area. The contract shall initially be for a term of three (3) years subject to annual renewal upon satisfactorily completing the previous year’s scope of work and the contract will have the option to extend the term for two (2) additional one-year periods for a total of five (5) years (refer to Section AA.

Agreement Term: Service Period).

A. SERVICE DESCRIPTIONS

1. Surface Mining and Reclamation Act Compliance - The Surface Mining and Reclamation Act (Act) requires that at a minimum, each year, the local jurisdiction shall conduct an inspection (site inspection) to determine whether the surface mining operation is in compliance with the Act. The inspection shall include a review of the annual report prepared and submitted by the operator as required by the Act, a review of any reclamation plan to determine whether reclamation of mining is in compliance with the approved plan and a review of the financial assurances to determine their adequacy under the Act.

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The consultant shall work with the operator where necessary to bring all surface mining activities into compliance with the Act.

2. Land Use Entitlement Compliance (Entitlement) - In conjunction with the Act, the consultant will inspect all sand and gravel operations in each jurisdiction to ensure compliance with all applicable land use entitlements.

Inspection shall include an analysis to determine compliance with all conditions of approval. The consultant shall work with the operator where necessary to bring all surface mining activities into compliance with the entitlement.

3. Mitigation Monitoring (Program) - In conjunction with the annual site audit, the annual land use entitlement review, and at other times as required by the approved Mitigation Monitoring Program, the consultant shall review each sand and gravel operation to determine compliance with the approved Program. The consultant shall prepare and submit a report to the City identifying the operator’s compliance with the approved Program. The City may from time-to-time request additional mitigation monitoring in conjunction with the various sand and gravel operations.

4. Meeting Attendance – The consultant may be asked to attend the City’s Planning Commission and the City Council meetings on a as needed basis.

The consultant shall provide to the City annually a completed Inspection Form as required by the Act, a report identifying the sand and gravel operator’s compliance with the various land use entitlements, and reports on the operator’s compliance with the Mitigation Monitoring Program.

The consultant may from time to time be requested by either City to review and comment on new land use entitlements for future mining operations and prepare conditions of approval for such new entitlements. The consultant may be asked to meet with staff in the field, or at the City to review and discuss specific Wash related issues, as well as being contacted by telephone from time to time for advice and comments on such issues.

V. GENERAL PROPOSAL INSTRUCTIONS
You must have experience in the areas listed in this RFP, and you must include municipal references with your proposal.

Firms interested in submitting a proposal are advised to closely examine the ALL SECTIONS contained within the Request for Proposals. Firms interested in submitting a hard copy proposal shall submit three (3) color copies of their proposal, and in addition to the hard copies and sealed cost proposal in a separate envelope, an electronic copy on a flash drive shall be included with the proposal submitted. Proposals should be clearly marked as “RFP No. 20240920TM Redlands Regular Meeting of 12-17-2024 245 of 1598
RFP No. 20240920TM Page 6 of 24
SMARA Services” and the proposal fee structure shall be submitted in a separate envelope clearly marked as “RFP No. 20240920TM Fee and Service Structure”.

The proposals shall include the name of the respondent.

City of Redlands
Development Services Department
Attn: Tricia Munoz, Management Analyst
35 Cajon Street, Suite 20
Redlands, CA 92373
All proposals and copies of proposals shall be submitted on recycled content paper and contain no non-recyclable materials. To be considered for award of this work, proposals must be received on or before the date and time set forth in Section II:

Proposal Timeline: 4:00 pm PST on Monday, October 7, 2024.

Proposals sent by email or facsimile will not be accepted. It is the sole responsibility of each proposer to ensure that its proposal reaches the City by the time and dates specified above. Once opened, all responses become a public record and will be available for the public to review.

If you opt to submit electronically, please submit according to the Proposal Format Guidelines below and refer to Section VI. Process for Submitting Proposal Subsection C. Submittal of Proposal.

PROPOSAL FORMAT GUIDELINES
All proposals shall be submitted in the format outlined herein. Any proposal that does not comply with the requirements in the sole opinion of the City, may be rejected. The City of Redlands will receive competitive proposals from vendors having specific experience and qualifications in the areas identified in this RFP. Under competitive negotiation procedures, the terms of the service contract, the price of the service, the method of service delivery, and the conditions of performance are all negotiable. A negotiated contract will be awarded to the vendor that best meets the proposed needs at a reasonable price, not necessarily the lowest price.

Proposal Forms
• Proposal cover page
• Exceptions or Deviations Form
• Proposer Certification / Addenda Acknowledgement Form or No-Proposal Response Form
• IRS W-9 Form
• Current Certificate of Insurance
Interested firms should provide the City with the following information:

A. Cover Page
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This is to be used as the first page of the submission. This form must be fully completed and signed by an authorized officer of the firm.

B. Executive Summary
This part of the response to the RFP should be limited to a brief narrative highlighting the proposer’s qualifications and experience. Typically, this section should not exceed one (1) page.

C. Approach and Methodology
Provide a straightforward and concise presentation. The proposal should include a description of your understanding of the City and emphasize a clear understanding of the scope of services required and demonstrate the necessary resources to perform the intended services.

D. Firm Information/Organization
The Proposer must identify the Account Manager who will be working directly with the City and engaged in managing the work. Resumes must be included which reference the individual’s qualifications and experience in managing similar projects. List relevant projects worked on, dates showing length of time spent on each project and the specific duties responsibilities for each project.

Identify the responsibilities of the key individuals, other than the Account Manager, who will be assigned to the proposed contract, and who will have major responsibilities for the performance of the services required.

Include resumes that list relevant projects worked on, dates showing length of time spent on each project and the specific duties and responsibilities for each project.

The City reserves the right to approve or disapprove any change to the successful Proposer’s Account Manager. Personnel changes that impact the contract may result in the cancellation of the contract.

E. Staffing
Provide a list of principals, including subcontractors, with their qualifications. Upon award of contract, principals may not be changed without approval of the City. Describe firm’s support organization, accessibility and quality assurance methods for optimizing staff utilization.

F. References
The information requested in this section should describe your qualifications within the past five (5) years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:

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1. Names of key staff that participated on named projects and their specific responsibilities.

2. A summary of your firm's demonstrated capability, including the length of time that you have provided the services being requested in this Request for Proposal.

3. Provide at least three references that received similar services from your firm. The City may contact the organizations and individuals.

Information provided shall include:
a. Client name.
b. Project description.
c. Project start and end dates
d. Client project manager name, telephone, and electronic mail address.

G. Fee/Cost Proposal
A fee proposal should be submitted and include material, supplies, and any associated travel expense rates, if not already included in the personnel rate. This proposal should be in a separate sealed envelope marked with “RFP No. 20240922TM SMARA Services Fee Proposal” and your firm’s name. Failure to do so may result in your firm’s disqualification.

The cost proposal will specifically address the cost to consumers for the services and products proposed.

1. The Cost Proposal must provide a detailed fee schedule itemizing the services including (but should not be limited to) the following:

2. Hourly rates for regular business hours (state regular business hours).

3. Any addition

4. Travel or trip charges, if any.

5. Include any minimums that apply

6. Include any alternate pricing structures (such as block of hours).

7. Cost proposal must refer/reference specific Scope of Work items

8. If a specific requested service, function, or option is not offered/ available please indicate.

9. Provide the total cost for this assignment.

10.Include any general comments on pricing, or different levels of service.

11.Pricing should include all fees associated with this task.

12.It is expected that all proposers responding to this RFP will offer government or comparable most favorable rates. Any and all discounts offers must be clearly delineated.

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13.In addition, all prices must be firm and fixed for this assignment following the notice of award
VI. PROCESS FOR SUBMITTING PROPOSAL
A. Content of Proposal
The proposal must be submitted using the format as indicated in the proposal format guidelines.

B. Number of Proposals
Submit three (3) color copies of your proposal to allow for thorough evaluation and comparative analysis.

Proposal should be 8 ½ x 11 inches, printed two-sided on recycled and recyclable paper with removable bindings.

An electronic version in PDF format on a flash drive will also be required with your submittal if not submitting electronically in our eProcurement system.

C. Submission of Proposal
The proposal shall be signed by an authorized individual of the professional firm.

Complete written proposals must be submitted in sealed envelopes, with a separate envelope for the Fee Proposal no later than 4:00 p.m. PST on Monday, October 7, 2024.

The outside of the proposal package shall be prominently marked with the following identification: “RFP No. 20240920TM for SMARA Services” together with the name and address of the submitter.

Proposals can be mailed, hand-delivered or sent by courier to:

City of Redlands
Development Services Department
Attn: Tricia Munoz, Management Analyst
35 Cajon Street, Suite 20
Redlands, CA 92374
Electronic Submission of Proposal: Proposal can be submitted electronically in lieu of hard copies in our eProcurement systems at system subject to the same proposal deadline as stated above in this section.

D. Inquiries
Any inquiry or request for interpretation received by the city before the indicated questions due date will be given consideration. Post all questions online at Redlands Regular Meeting of 12-17-2024 249 of 1598
RFP No. 20240920TM Page 10 of 24
eProcurement system at www.cityofredlands.org/RFP by 4:00 pm PST Thursday, September 26, 2024. Answers will be provided and posted at the city website eProcurement system https://www.cityofredlands.org/rfp by 4:00 pm PST on Wednesday, October 2, 2024.

E. Conditions of Acceptance
This RFP does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with any qualified source, or to cancel this RFP in part or its entirety, and to waive minor irregularities in any proposal.

VII. EVALUATION
Proposals will be subject to an Initial Review to confirm responsiveness, by determining whether each Proposal includes the stipulated content, required certifications or licensing, etc., and is presented in the required format, in order for the Proposal to advance for evaluation. Any reasonable person reviewing for responsiveness must be able to ascertain that the Proposal meets these requirements.

The City’s evaluation and selection process is based upon the following criteria in evaluation and comparison of proposals submitted. The criteria listed are not necessarily all-inclusive.

A. Ability to provide services in a timely manner add clarification of timely manner
B. References
C. Qualifications (work experience and directly related experience) D. Compliance with RFP requirements and
E. Methodology to be employed in conducting the scope of services The following is an outline of the procedures the City will use in the selection process:

A. The city organizes the Screening and Selection Committee (Committee).

B. The Committee reviews the proposals submitted by the prospective vendors.

C. The Committee selects proposals which qualify based on the qualifications and previous experience performing similar work.

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required. Vendors with top ranking proposals may be selected for an interview.

E. The Committee will make a selection based on qualifications.

Negotiations will be undertaken with the firm ranked most qualified with the City’s goal being to secure the services at a cost equivalent to the lowest cost offered to the City by an approved and qualified vendor and provides to the City the best long range economic value by the qualified vendors.

F. If a contract cannot be successfully negotiated with the top-rated vendor /firm, the negotiations with the designated vendor /firm may be terminated in writing and negotiations may be started with the next highest rated proposal. This process will continue until the negotiations are successfully concluded with a vendor /firm.

The City may, at its sole discretion, create a shortlist of Proposals for further evaluation; require an oral interview, presentation, or demonstration; and utilize outside experts to assist in the evaluation process.

The City will establish an evaluation panel with responsibility for reviewing all Proposals and conducting the qualifications evaluation. A Facilitator will manage the integrity of the qualifications evaluation process and will not be a voting member of the evaluation panel. An initial meeting will be scheduled and held with the evaluation panel members, wherein the Facilitator will distribute all relevant documents to the evaluators including the RFP, evaluation worksheets for each Proposal, and written evaluation instructions.

After the initial meeting, evaluators will independently review and score the Proposals. The evaluation panel will then convene again to discuss the individual scores to resolve questions and to discuss the basis for individual scores, but not for the evaluators to agree upon scoring. At the end of this discussion, each evaluator will be given an option to revise his/her scores.

Evaluators will make independent determinations for scores, including review and understanding of any additional information obtained by the group discussion. In the event a score is revised, the evaluator will strike out the original score, document the new score, and provide comments to support the revision.

If clarifying information is needed at any point, the Facilitator will contact Proposer(s) to obtain the necessary information. The Facilitator will then provide the information to the evaluation panel electronically or verbally, as appropriate.

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coordinate those with evaluators. Individual scoring and any subsequent evaluation panel meetings with respect to such components must be conducted.

Once all scorings are finalized and documented, the Facilitator will collect individual evaluation worksheets to create a final qualifications evaluation scoring worksheet and rank the proposals first, second, third, etc.

Following the qualifications evaluation and ranking of the proposals, the Facilitator will open all fee proposals. The ranking of the proposals will not be altered once the fee proposals have been opened. However, the fee proposals will be used during negotiations with the selected Proposer(s).

VIII. STANDARD TERMS AND CONDITIONS
A. Cost for Preparing Proposal
The cost for developing the proposal is the sole responsibility of the proposer.

All proposals submitted become the property of the City of Redlands. Submitted proposals, including fee proposals, are subject to the California Public Records Act.

B. Firm’s Current Workload and Schedule
Provide information supporting firm’s ability to perform in a timely fashion.

Present workload of key personnel assigned to this project. Indicate that the personnel listed in the submittal shall be available for and assigned to the City based on illustrated workload. Indicate firm’s ability to meet budget and schedule. It will be important to limit response to similar projects based on current and near future workload.

C. Sub-consultants/Subcontractors
Contractor shall submit a list of sub-consultants and subcontractors. No substitutions shall be made without prior written approval by the City.

D. Intangibles
Describe any significant or unique accomplishments or awards for work performed for similar agencies. Provide any additional information which may be relevant to the evaluation of your submission relative to the City’s project.

E. Litigation
Please list any past and/or pending litigation or disputes relating to the work described herein, that the firm has been involved in within the last five (5) years.

List shall include project name, nature of litigation and outcome of litigation (if resolved).

F. Licenses
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Firm shall submit proof of licensing as may be required by local, state, or federal agencies to perform the required work.

G. INSURANCE REQUIREMENTS
A Certificate of Insurance will be furnished by the successful Contractor upon Notice of Award. The certificate(s) shall be completed by the Contractor’s authorized agent and submitted to the City’s Risk Management Department.

The successful Contractor shall not commence any work in connection with the Agreement until it has obtained all of the following types of insurance and shall maintain such insurance for the duration of the Agreement. The Contractor shall secure the minimum insurance coverage described below, and such insurance shall be primary with respect to any insurance or self-insurance programs maintained by the City.
• Comprehensive Commercial General Liability. Contractor shall obtain, and maintain throughout the life of the Agreement, Comprehensive Commercial General Liability Insurance in an amount of $1,000,000 per occurrence and $2,000,000 aggregate with an insurance carrier acceptable to the City and name the City as additional insured. • Commercial Automobile Liability Insurance. Contractor shall obtain, and maintain throughout the life of the Agreement, Comprehensive Automobile Liability Insurance with minimum limits of $1,000,000, combined single limit for bodily injury liability and property damage liability and name the City as additional insured. This coverage shall include all owned vehicles, hired and non-owned vehicles, and employee non-ownership vehicles.
• Workers’ Compensation and Employer’s Liability Insurance. If applicable, the Contractor shall obtain, and maintain throughout the life of the Agreement, Workers’ Compensation and Employer’s Liability Insurance in the amount that meets the statutory requirement and shall be in force with an insurance carrier acceptable to the City. Contractor and any sub-consultants or subcontractors shall comply fully with the California Workers’ Compensation Law.
• Professional Liability Insurance. If applicable, the Vendor shall obtain and maintain throughout the life of the Agreement Professional Liability Insurance in an amount of $1,000,000 per claims made and $2,000,000 aggregate with an insurance carrier accepted to the City. • The Contractor shall instruct their insurance broker to furnish properly executed certificates of insurance to the City. o The name of the insured Contractor, the specified job by name Redlands Regular Meeting of 12-17-2024 253 of 1598
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and/or RFP number, the name of the insurer, the number of the policy, its effective date and its termination date.
o Certificates of insurance shall clearly evidence coverage required above.
o Certificates of insurance shall be submitted by the broker directly either via email ([email protected]) or US Mail to:

City of Redlands, Risk Management Division PO Box 3005
Redlands, CA 92373. The insurer will notify the City at least thirty (30) days prior to any material changes in provisions or cancellation of the policy.
o The city reserves the right to modify the insurance requirements set forth at any time during the process of solicitation or subsequent thereto.

H. EXAMINATION OF PROPOSAL DOCUMENTS
Each vendor shall carefully examine the Specifications and other applicable documents and inform himself/herself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress or performance of the work to be performed under the Contract. Ignorance on the part of the Contractor will in no way relieve him/her of the obligations and responsibilities assumed under the Contract.

Should a vendor find discrepancies or ambiguities in, or omissions from the Specifications, or should he/she be in doubt as to their meaning, he/she shall at once notify the City,
I. INTERPRETATIONS, CLARIFICATIONS AND ADDENDA
No oral interpretations will be made to any vendor as to the meaning of the Proposal Documents. Any inquiry or request for interpretation received by the City before the indicated due date will be given consideration. Post all questions online at eProcurement system at www.cityofredlands.org/RFP.

Answers will be provided posted at the city website, eProcurement system:
www.cityofredlands.org/rfp
The City reserves the right to amend this RFP prior to the proposal due date.

Addenda or addendum will be sent published on the City’s website, eProcurement system at www.cityofredlands.org/rfp. In case any Proposer fails to acknowledge receipt of such addenda or addendum, his/her proposal will nevertheless be construed as though it had been received and acknowledged and the submission of his/her Proposal will constitute acknowledgment of the Redlands Regular Meeting of 12-17-2024 254 of 1598
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receipt of same. All addenda are a part of the Proposal Documents, and each Proposer will be bound by such addenda, whether or not received by him/her. It is the responsibility of each Proposer to verify that he/she has received all addenda issued before Proposals are opened.

In the case of unit price items, the quantities of work to be done and materials to be furnished under this Proposal/Contract are to be considered as approximate only and are to be used solely for the comparison of Proposals received. The City and its Vendors do not expressly or by implication represent that the actual quantities involved will correspond exactly therewith; nor shall the Proposer plead misunderstanding or deception because of such estimate or quantities of work performed or material furnished in accordance with the Specifications and other proposal documents, and it is understood that the quantities may be increased or diminished as provided herein without in any way invalidating any of the unit or lump sum prices proposal.

J. CHANGES / MODIFICATIONS
The City reserves the right to order changes in the scope of work and resulting contract. The successful Proposer has the right to request an equitable price adjustment in cases where modifications to the contract under the authority of this clause result in increased costs to the contractor. Price adjustments will be based on the unit prices proposed by the Contractor in response to this solicitation. Any contract resulting from this solicitation may be modified upon written and mutual consent of both parties.

K. GOVERNING LAWS AND REGULATIONS
The Proposer is required to be familiar with and shall be responsible for complying with the City’s Purchasing Policies and Procedures, City resolutions, City rules, all federal, state and local laws, ordinances, rules and professional standards or regulations that in any manner affect this solicitation, the selection process, protests, award of contract, contract management or any other activity associated with this solicitation and the subsequent work required of the successful Proposer.

L. PREVAILING WAGES
When applicable, the City is subject to the State of California prevailing wage laws as set forth in California Labor Code Section 1770 et seq. The contractor is responsible for determining the appropriate Department of Industrial Relations (DIR) classification for the various employees and subcontractors used for a particular project or service. The rates for each classification are posted on the DIR website at http://www.dir.ca.gov/DIRdatabases.html. All contractors performing work for the City are responsible for abiding by all applicable prevailing wage laws and must furnish the City with Certified Payroll Records upon request.

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M. BLACK OUT PERIOD
The blackout period is defined as between the time the submittals for an Invitation to Bid, Request for Proposals, Request for Qualifications or the Invitation to Negotiate, as applicable, are issued by the City’s Purchasing Division and the time the City Council awards the contract. During this black out period, any attempt to influence the thinking of City staff or officials for or against a specific cause related to a solicitation for goods or services, in person, by mail, by facsimile, by telephone, by electronic mail, or by any other means of communication, may result in disqualification of their award and/or contract. This does not apply to pre-solicitation conferences, oral presentations before the selection committee, contract negotiations, or communications with staff not concerning this solicitation.

N. CONTRACT NEGOTIATION
Upon receipt of the proposals, the Selection Committee shall first determine and identify those persons or organizations that are qualified to perform the services and shall rank such persons and organizations based on their demonstrated competence and professional qualifications deemed necessary for the satisfactory performance of the services required.

Second, the cost proposals submitted by all qualified persons and organizations shall be opened and reviewed.

Third, negotiations shall be undertaken with the person or organization ranked most qualified in an attempt to secure the services at a cost equivalent to the lowest cost offered to the city by the qualified persons and organizations. If the person or organization ranked is unwilling to provide the services at a cost equivalent to such lowest cost: 1) such person or organization may nevertheless be awarded a contract, provided the purchasing agent, city manager or city council, as appropriate, determines the initiating city department director has substantiated that the cost for the services is reasonable and appropriate; or 2) negotiations with the most qualified person or organization may be terminated and the initiating city department may undertake similar negotiations with the other qualified person and organizations in order of rank.

The proposal signed by the successful Proposer along with documentation included in the proposal as required by this solicitation and other additional materials submitted by the Proposer and accepted by the City shall be the basis for negotiation of a contract addressing the requirements of the solicitation. The resulting contract will be approved in accordance with the City’s Purchasing Ordinance.

O. FISCAL YEAR FUNDING APPROPRIATION
Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interests of the City, Redlands Regular Meeting of 12-17-2024 256 of 1598
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provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the fiscal period at the time of the contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation by the City of funds thereafter.

When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the contractor shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred but not advertised in the price of the supplied or services delivered under the contract or otherwise recoverable.

P. PAYMENTS
Payments shall be made 30 days from the receipt of the invoice and follow all City policies promulgated thereby.

Q. BUSINESS LICENSES
The successful proposer will be required to obtain a City of Redlands business license prior to commencement of work.

R. INDEMNIFICATION
The successful Proposer must fully indemnify the City. Such indemnification will be documented in the contract documents.

S. RIGHT OF REJECTION
The City of Redlands reserves the right to reject any and/or all proposals, reserve the right to waive any informalities or irregularities in the proposal or examination process, reserve the right to select low proposal per item, and reserve the right to award proposals and/or contracts in the best interest of the City.

T. REFERENCE TERMS
Any headings in this document are for the purposes of reference only and shall not limit or otherwise affect the meaning thereof. Any reference to gender shall be construed to include all genders, firms, partnerships, and corporations.

References in the singular shall be construed to include the plural and references in the plural shall be construed to include the singular. Any reference to the “City” or the “City of Redlands” shall be construed to refer to the City for which the solicitation was issued, and the City shall be the legislative authority for all matters concerning this solicitation or the resulting contract(s).

U. RIGHT TO AUDIT RECORDS
The City shall be entitled to audit the books and records of the Contractor or any sub-contractor to the extent that such books and records relate to the performance of the Agreement or any sub-contract to the Agreement. Such books and records shall be maintained by the Contractor for a period of ten (10) Redlands Regular Meeting of 12-17-2024 257 of 1598
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years from the date of final payment under the Agreement and by the subcontractor for a period of ten (10) years from the date of final payment under the sub-contract unless a shorter period is otherwise authorized in writing.

V. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the proposal response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this proposal. If submitted either purposefully through intent or design or inadvertently appearing separately in transmitting letters, specifications, literature, price lists or warranties, it is understood and agreed the general and special conditions in this solicitation are the only conditions applicable to this proposal and the Proposer’s authorized signature affixed to the proposal attests to this.

W. PROPRIETARY INFORMATION
Responses to this Request for Proposals, upon receipt by the City, become public records. If any proposer believes that any portion of all of the response is confidential and proprietary, proposer shall clearly assert such exception and the specific legal authority of the asserted exemption. Such designation of an item as a trade secret may be challenged in court by any person. By the proposer’s designation of material submitted to the City as a “trade secret”, the proposer agrees to hold harmless the City for any award to a plaintiff for damages, costs or attorney’s fees and for costs and attorney’s fees incurred by the City by reason of any legal action challenging the proposer’s “trade secret” claim.

X. ADDITIONAL SERVICES/PURCHASES BY OTHER PUBLIC AGENCIES The Proposer by submitting a proposal acknowledges that other public agencies may seek to “Piggy-Back” under the same terms and conditions during the effective period of any resulting contract services and/or purchases being offered in this proposal/bid for the same prices and/or terms being proposed. The successful Proposer has the option to agree or disagree to allow contract Piggybacks on a case-by-case basis. Before a public agency is allowed to PiggyBack any contract, the agency must first obtain the Proposer’s approval. Without the Proposer’s approval, the seeking agency cannot Piggy-Back.

Y. QUALIFICATION CRITERIA
The information requested in this section should describe your qualifications within the past five years that are similar in size and scope to demonstrate competence to perform these services.

All documents should be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements and specifications of the RFP. Proposals will be evaluated by the City Committee. The most qualified firm will be selected based on, but not limited Redlands Regular Meeting of 12-17-2024 258 of 1598
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to, the following considerations. The successful proposer will have a strong combination of:
• Knowledge of Code
• Professional quality service;
• Expertise and experience;
• Strong administrative support personnel;
• Sense of value and creativity;
• Excellent communication;
• Flexibility;
• Ability to provide additional services as necessary
• Explanation of compensation structure;
• Excellent references; and
• Organizational stability.

AA. AGREEMENT TERM: Service Period
The Agreement period will be for three (3) years beginning on December 3, 2024, through December 2, 2027, with the option to extend two (2) additional one-year (1) periods with the same terms and conditions by providing written notice at least thirty (30) days prior to the expiration of the initial term or any extended term.

As part of the contract/agreement, the City of Redlands will reserve the right to select or reject employees and sub-contractors providing services.

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PROPOSAL DOCUMENTS
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PROPOSAL COVER PAGE
Name of Firm, Entity or Organization:

Federal Employer Identification Number (EIN):

State of California License Number (If Applicable):

Name of Contact Person:

Title:

E-Mail Address:

Mailing Address:

Street Address (if different):

City, State, Zip:

Telephone: Fax:

Organizational Structure – Please Check One:

Corporation Partnership Proprietorship Joint Venture Other If Corporation:

Date of Incorporation: State of Incorporation:

States Registered in as Foreign Corporation:

Authorized Signature:

Print Name: ______________________________________________________ Signature: _______________________________________________________ Title: ____________________________________________________________ Phone: __________________________________________________________ This document must be completed and returned with your Submittal.

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EXCEPTIONS OR DEVIATIONS TO SPECIFICATIONS
Note: Proposer must sign the appropriate statement below as applicable. ( ) Proposer understands and agrees to all terms, conditions, requirements and specifications stated herein.

Firm:

Signature:
( ) Proposer takes exceptions to terms, conditions, requirements, or specifications stated herein. (Proposer must itemize each exception below and return with the Proposal Form.)
Firm:

Signature:

The proposer should note that any exceptions taken from the stated terms and/or specifications may, but not necessarily will be cause for their submittal to be deemed “non-responsive”, risking rejecting of the submittal.

Attached are _________ additional pages.

This document must be completed and returned with your Submittal Redlands Regular Meeting of 12-17-2024 262 of 1598
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PROPOSER’S CERTIFICATION
Submit To: City of Redlands
City of Redlands
Development Services Department
35 Cajon Street, Suite 20
P.O. Box 3005
Redlands, CA 92373

CITY OF REDLANDS

REQUEST FOR PROPOSAL (RFP) CERTIFICATION

AND ADDENDA ACKNOWLEDGMENT
DUE DATE: October 7, 2024 DUE TIME: 4:00pm PST RFP No. 20240920TM TITLE: SMARA Consulting
VENDOR NAME: PHONE NUMBER:

VENDOR MAILING ADDRESS: FAX NUMBER:

CITY/STATE/ZIP: E-MAIL ADDRESS:
“I, the undersigned, certify that I have reviewed the addenda listed below (list all addenda received to date). I understand that timely commencement will be considered in award of this RFP and that cancellation of award will be considered if commencement time is not met, and that untimely commencement may be cause for assessment of liquidated damages claims. I further certify that the services will meet or exceed the RFP requirements. I, the undersigned, declare that I have carefully examined the RFP, specifications, terms and conditions as applicable for this Request, and that I am thoroughly familiar with all provisions and the quality and type of coverage and services specified. I further declare that I have not divulged, discussed, or compared this RFP with any other Offer or and have not colluded with any offerors or parties to an RFP whatsoever for any fraudulent purpose.” ___________

____________ ____________ ____________ ____________
Addendum # Addendum# Addendum # Addendum # Addendum #
“I certify that this quote is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting an RFP for the same material, supplies, equipment or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this RFP and certify that I am authorized to sign this response and that the offer is in compliance with all requirements of the RFP, including but not limited to certification requirements. In conducting offers with an agency for the City of Redlands respondent agrees that if this proposal is accepted, the respondent will convey, sell, assign, or transfer to the City all rights, title and interest in and to all causes of action it may now or hereafter acquire under the anti-trust laws of the United States for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City’s discretion, such assignment shall be made and become effective at the time the purchasing agency renders final payment to the respondent.”
__________________________________________________ _______________________________________________ Authorized Agent Name, Title (Print) Authorized Signature Date This form must be completed and returned with your Submittal Redlands Regular Meeting of 12-17-2024 263 of 1598