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2019/08/21 - Agenda Packet
AGENDA 10500 Civic Center Drive, Council Chambers, Rancho Cucamonga CA 91730 FIRE PROTECTION DISTRICT BOARD -HOUSING SUCCESSOR AGENCY - SUCCESSOR AGENCY - PUBLIC FINANCE AUTHORITY - CITY COUNCIL Wednesday, August 21, 2019 10500 Civic Center Drive Rancho Cucamonga, CA 91730 REGULAR MEETINGS: 1st and 3rd Wednesdays - 7:00 P.M. ORDER OF BUSINESS: CLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M. REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M. MEMBERS: MAYOR L. Dennis Michael CITY MANAGER John R. Gillison MAYOR PRO TEM Lynne B. Kennedy COUNCIL MEMBERS Ryan A. Hutchison Kristine D. Scott Sam Spagnolo CITY ATTORNEY James L. Markman CITY CLERK Janice C. Reynolds CITY TREASURER James C. Frost Rancho Cucamonga City Council Mission Statement • Make decisions, and be perceived as making decisions, for the general welfare of the community. • Always work to improve existing services and develop policies to meet the expected as well as anticipated needs of the community. • Work together cooperatively to respect all persons and their ideas in order to develop and maintain the trust of the community. • Reflect the community's desires and priorities by assuring that decisions accurately reflect the community's interests by fairly translating public feedback into public policy. • Enhance the quality of life of all Rancho Cucamonga residents through the continued pursuit of excellence and commitment to the City's core values and goals. • Set the vision for the community for the future. • Have a professional, objective and respectful relationship with each other in order to more effectively address the challenges of the future. Page 1 Aft A_ . INFORMATION FOR THE PUBLIC Le gA'HO &CAMONGA TO ADDRESS THE FIRE BOARD, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL The Fire Board, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board, Housing Successor Agency, Successor Agency, Public FinanceAuthority and City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. Any handouts for the Fire Board, Successor Agency, Public Finance Authority or City Council should be given to the City Clerk for distribution. During "Public Communications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other "Public Communications" which have not concluded during this one-hour period may resume after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. If you are present to speak on an "Advertised Public Hearing" or on an "Administrative Hearing" Item(s), your name will be alled when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, the City's Public Libraries and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Fire Board, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 7:00 p.m. Streaming Video on Demand is available on the City's website at www.cityofrc.us/cityhall/council/videos.asp. The Fire Board, Successor Agency, Public Finance Authority and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. Copies of the agendas and minutes can be found @ www.cityofrc.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please silence all cell phones and devices while the meeting is in session. Page 2 AUGUST 21, 2019 FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL AGENDA CLOSED SESSION - 4:30 P.M. Roll Call: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION - Tapia Conference Room D.1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEE GROUP. - DISTRICT D.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF HAVEN AVENUE AND JERSEY BOULEVARD IDENTIFIED AS PARCEL NUMBERS 0209- 131-01; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND POWER MEDIC TECHNOLOGIES, INC., THE PROPERTY OWNER; REGARDING PRICE AND TERMS OF PAYMENT. — CITY D.3. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1); NAME OF CASE: CITY OF RANCHO CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 - CITY DA. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-162-14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING PRICE AND TERMS. — CITY D.5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229- 131-07; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST AND BONNIE CATHRYN STRACK & WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO AN UNDIVIDED 1/3 Page 3 INTEREST, OWNERS; REGARDING PRICE AND TERMS — CITY D.6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229- 162-15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 1/3 INTEREST, JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED 1/3 INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED 1/3 INTEREST, OWNERS; REGARDING PRICE AND TERMS — CITY D.7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0229- 131-15, 16 & 26; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND DP ETIWANDA, LLC, OWNER; REGARDING PRICE AND TERMS - CITY D.8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 0209-272-11, 0209-143-21, AND 0209-272-22; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, CARRIE SCHINDLER REPRESENTING SBCTA, AND MICHAEL DIEDEN REPRESENTING EMPIRE YARDS AT RANCHO, LLC; REGARDING PRICE AND TERMS. — CITY D.9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE IDENTIFIED AS PARCEL NUMBER 0229-012-10-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND STEVE AGGAZZOTTI, PROPERTY OWNER; REGARDING PRICE AND TERMS. -CITY E. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY, AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. REGULAR MEETING - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY, AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AGENCIES, AUTHORITY BOARD AND COUNCIL. Pledge of Allegiance Roll Call: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and Spagnolo A. ANNOUNCEMENT/ PRESENTATIONS A.1. Presentation of a Proclamation Declaring the Month of September 2019 as "National Senior Center Month". A.2. Video Presentation of the Distinguished Budget Presentation Award from Government Finance Officers Association (GFOA) for the Fiscal Year 2018/19 Adopted Budget. Page 4 B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council Member for discussion. C. CONSENT CALENDAR - FIRE PROTECTION DISTRICT C.1. Consideration of Meeting Minutes: Regular Meetings of August 7, 2019 and Special Meetings of August 5 and August 7, 2019. C.2. Consideration to Approve Bi -Weekly Payroll in the Amount of $1,304,447.96 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $1,226,806.82 Dated July 17, 2019 Through August 12, 2019. C.3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of $608.87 Dated July 17, 2019 Through August 12, 2019. CA. Consideration to Receive and File Current Investment Schedule as of July 31, 2019. C.5. Consideration to adopt a Resolution to add Chino Valley Independent Fire District and Apple Valley Fire Protection District as parties to the Consolidated Fire Agencies ("CONFIRE") Joint Powers Agreement and rescind Resolution No. FD 19-002. RESOLUTION NO. FD 19-016 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, TO AMEND THE CONSOLIDATED FIRE AGENCIES ("CONFIRE") JOINT POWERS AGREEMENT TO ADMIT CHINO VALLEY INDEPENDENT FIRE DISTRICT AS A PARTY AND APPLE VALLEY FIRE PROTECTION DISTRICT AS A PARTY C.6. Consideration to approve documents executing a Lot Line Merger and an Easement Deed for parcels of land owned by the Rancho Cucamonga Fire Protection District located at the north eastern corner of Vineyard Avenue and San Bernardino Road. C.7. Consideration of an Easement Deed to the City of Rancho Cucamonga for Public Utilities Purposes and an Encroachment Agreement with Day Creek Senior Housing Partners, L.P. a California Limited Partnership and Day Creek Senior Housing Partners 2 L.P. a California Limited Partnership, at the Day Creek Station. C.8. Consideration to Award a Contract to ASSI Security Incorporated for Maintenance, Repairs, and Installations of Security Access Control Equipment in Fire District Facilities in an Amount Not to Exceed $10,000 for FY 2019/2020. Page 5 C.9. Consideration to Award a Contract to MIJAC Alarm for Fire and Burglar Alarm System Services in an Amount Not to Exceed $8,000 for FY 2019/2020. C.10. Consideration to Adopt a Resolution Updating the Rancho Cucamonga, Fire Protection District - Fire Management Employees Group Salary Schedule Effective for Fiscal Year 2019/20. RESOLUTION NO. FD 19- 018 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FIRE MANAGEMENT EMPLOYEES GROUP SALARY SCHEDULE EFFECTIVE AUGUST 10, 2019 C.11. Consideration to Adopt a Resolution Approving the Memorandum of Understanding Between the Rancho Cucamonga Fire Protection District and the Fire Management Employees Group. RESOLUTION NO. FD 19-019 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND RANCHO CUCAMONGA FIRE MANAGEMENT EMPLOYEES GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FROM AUGUST 1, 2019 TO JULY 31, 2023. C.12. Consideration to Adopt a Resolution Updating the Rancho Cucamonga Fire Protection District - Firefighter Local 2274 Salary Schedule Effective August 10, 2019. RESOLUTION NO. FD 19- 020 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FIREFIGHTER LOCAL 2274 SALARY SCHEDULE EFFECTIVE AUGUST 10, 2019. C.13. Consideration to Adopt a Resolution Approving the Memorandum of Understanding Between the Rancho Cucamonga Fire Protection District and Firefighters Local 2274. RESOLUTION NO. FD 19- 021 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND RANCHO CUCAMONGA FIREFIGHTER LOCAL 2274 RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT D. CONSENT CALENDAR - HOUSING SUCCESSOR AGENCY D.1. Consideration of Regular Meeting Minutes of August 7, 2019. E. CONSENT CALENDAR - SUCCESSOR AGENCY E.1. Consideration of Regular Meeting Minutes of August 7, 2019. F. CONSENT CALENDAR - PUBLIC FINANCE AUTHORITY F.1. Consideration of Regular Meeting Minutes of August 7, 2019. G. CONSENT CALENDAR- CITY COUNCIL G.1. Consideration of Meeting Minutes: Regular Meetings of August 7, 2019 and Special Meetings of August 5 and August 7, 2019. G.2. Consideration to Approve Bi -Weekly Payroll in the Amount of $2,367,773.50 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $8,781,972.69 Dated July 17, 2019 Through August 12, 2019 . G.3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of $8,430.06 Dated July 17, 2019 Through August 12, 2019. GA. Consideration to Receive and File Current Investment Schedule as of July 31, 2019. G.5. Consideration of a Contract Change Order to Kimley-Horn and Associates, Inc.(CO18-126), in the Amount of $7,160 and Authorization of an Appropriation in the Total Amount of $82,160 from Page 6 the Transportation Fund (Fund 124), for the Fiscal Year 2018/19 Installation of Two Traffic Signals and Three Flashing Yellow Arrow Signal Modifications Project. G.6. Consideration of a Sublease Agreement with Day Creek Senior Housing Partners, L.P. a California Limited Partnership and Day Creek Senior Housing Partners 2 L.P. a California Limited Partnership for access to the Pacific Electric Trail related to the Day Creek Villas Senior Housing Development (Case No. DRC2016-00966). G.7. Consideration of a Small Cell License Agreement with Crown Castle Fiber LLC for the Placement of Small Cell Infrastructure on City -Owned Poles. G.8. Consideration to Accept Public Improvements Located on Santa Anita Avenue North of 6th Street, Related to Case No. DRC2015-00797, as Complete, File the Notice of Completion, and Authorize Release of Bonds. G.9. Consideration of Professional Services Agreements for Five -Year On -Call Construction Management and Inspection Services. G.10. Consideration of Professional Services Agreements for Five -Year On -Call Design and Construction Surveying Services. G.11. Consideration of a Correction in the Rancho Cucamonga Municipal Utility's Electric Rates Under the Large Industrial Energy Charge: Summer Season - Off -Peak Rate. G.12. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Fiscal Year 2018/19 ADA Access Ramp Improvements at Various Locations Project. G.13. Consideration to Approve the Final Map of Tract No. 202441 (Case No. SUBTT202441), Located South of 6th Street Between Haven Avenue and Milliken Avenue, Submitted by the New Home Company Inc. G.14. Consideration to Purchase 765 Itron Smart Meters from the Authorized Distributor, McAvoy and Markham Engineering and Sales in the Amount of $244,021 and Authorize an Appropriation in the Amount of $244,021 from the Municipal Utility Fund (Fund 705). G.15. Consideration of a Resolution Adopting the Measure "I" Five -Year Capital Improvement Plan Covering Fiscal Years 2019/2024. RESOLUTION NO. 19-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PLAN COVERING FISCAL YEARS 2019/2024 FOR THE EXPENDITURE OF MEASURE "I" FUNDS G.16. Consideration to Award a Contract to ASSI Security Incorporated for Maintenance, Repairs, and Installations of Security Access Control Equipment in City Facilities in an Amount Not to Exceed $62,000 for FY 2019/2020. G.17. Consideration to Award a Contract to MIJAC Alarm for Fire and Burglar Alarm System Services in an Amount Not to Exceed $72,000 for FY 2019/2020. G.18. Consideration of a Purchase and Sale Agreement Between the City of Rancho Cucamonga and Stephen L. Aggazzotti and Martha Aggazzotti Trustees of the Aggazzotti Trust for Property Commonly Known as APN 0229-012-10-0000 Generally Located at the Northwest Corner of Arrow Route and Rochester Avenue and Consideration to Authorize an Appropriation in the amount of $1,844,000 for the purchase. H. CONSENT ORDINANCES The following Ordinances have been introduced for first reading. Second readings are expected to be routine and non -controversial. The City Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by a Council Member. I. ADMINISTRATIVE HEARING ITEM J. ADVERTISED PUBLIC HEARINGS - CITY COUNCIL/FIRE PROTECTION DISTRICT K. CITY MANAGER'S STAFF REPORTS Page 7 K.1. Consideration of a Fire Protection District Resolution Waiving the Collection of Certain Inspection, Permit, and Special Services Fees for Fiscal Year 2019-20. RESOLUTION NO. FD19-017 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, WAIVING THE COLLECTION OF CERTAIN INSPECTION, PERMIT, AND SPECIAL SERVICES FEES FOR FISCAL YEAR 2019-20 K.2. Consideration to Approve the Renewal of Contract CO 13-227 with Tot Lot Pros for Playground Resurfacing Maintenance in an Amount Not to Exceed $848,900 for FY 2019/2020. L. COUNCIL BUSINESS L.1. Designation of Voting Delegates and Alternates for the League of California Cities Annual Business Meeting. L.2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) L.3. INTER -AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) M. IDENTIFICATION OF ITEMS FOR NEXT MEETING N. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy -Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website. Page 8 Page 9 DATE: TO: FROM: INITIATED BY: SUBJECT August 21, 2019 Mayor and Members of the City Council John R. Gillison, City Manager Linda A. Troyan, City Clerk Services Director CONSIDERATION OF MEETING MINUTES: REGULAR MEETINGS OF AUGUST 7, 2019 AND SPECIAL MEETINGS OF AUGUST 5 AND AUGUST 7, 2019. RECOMMENDATION: Staff recommends approval of the Meeting Minutes of Regular Meeting of August 7, 2019 and Special Meetings of August 5 and August 7, 2019. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: N/A COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 - Aug 7, 2019 Regular Mtg. Minutes Attachment 2 - Aug 5, 2019 Special Mtg. Attachment 3 - Aug 7, 2019 Special Mtg. Minutes Page 10 August 7, 2019 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City of Rancho Cucamonga City Council held a closed session on Wednesday, August 7, 2019 in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 4:30 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, and Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nick Ghirelli, Assistant City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services; Matt Burris, Deputy City Manager/Economic and Community Development. No public communications were made. No discussion or actions were taken. D.1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEE GROUP. -DISTRICT D.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF HAVEN AVENUE AND JERSEY BOULEVARD IDENTIFIED AS PARCEL NUMBERS 0209- 131-01; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND POWER MEDIC TECHNOLOGIES, INC., THE PROPERTY OWNER; REGARDING PRICE AND TERMS OF PAYMENT. — CITY D.3. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1); NAME OF CASE: CITY OF RANCHO CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 - CITY D.4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-162-14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING PRICE AND TERMS. — CITY DRAFT August 7, 20191 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 1 of 8 Page 11 D.S. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229- 131-07; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST AND BONNIE CATHRYN STRACK & WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO AN UNDIVIDED 1/3 INTEREST, OWNERS; REGARDING PRICE AND TERMS — CITY D.6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229- 162-15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 1/3 INTEREST, JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED 1/3 INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED 1/3 INTEREST, OWNERS; REGARDING PRICE AND TERMS —CITY D.7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIEDAS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0229- 131-15, 16 & 26; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND DP ETIWANDA, LLC, OWNER; REGARDING PRICE AND TERMS - CITY D.8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 0209-272-11, 0209-143-21, AND 0209-272-22; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, CARRIE SCHINDLER REPRESENTING SBCTA, AND MICHAEL DIEDEN REPRESENTING EMPIRE YARDS AT RANCHO, LLC; REGARDING PRICE AND TERMS. — CITY D.9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE IDENTIFIED AS PARCEL NUMBER 0229-012-10-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND STEVE AGGAZZOTTI, PROPERTY OWNER; REGARDING PRICE AND TERMS. -CITY D.10.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(2) — ONE MATTER (1) - FIRE/CITY DRAFT August 7, 20191 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 2 of 8 Page 12 The closed session recessed at 6:39 p.m. The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and the City of Rancho Cucamonga City Council were held on August 7, 2019 in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, and Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nick Ghirelli, Assistant City Attorney, and Linda A. Troyan, City Clerk Services Director. Council Member Scott led the Pledge of Allegiance. A.1. Presentation of Certificate of Recognition to Park Ranger, Christopher Kivett for his Exceptional Work in Sage Theft Prevention. Mayor Michael along with Members of the City Council, Ashley Wysocki, Community Services Superintendent, and Captain Mahoney presented a Certificate of Recognition to Christopher Kivett for his exceptional work in Sage Theft Prevention. A.2. Presentation of a Proclamation in Appreciation to Assembly Member James Ramos for his Support to the Rancho Cucamonga Dog Park. Mayor Michael along with Members of the City Council and Veronica Fincher, Animal Services Director presented a Proclamation to Assemblymember James Ramos for his support to the Rancho Cucamonga Dog Park. Assemblymember Ramos presented a check to the City Council in the amount of $3 million dollars in support of the Rancho Cucamonga Dog Park. Mayor Michael and Members of the City Council thanked Assemblymember Ramos for his support and efforts in bringing a dog park to the community. Agenda Changes: Mayor Michael requested item K1 be moved to item 11 of the agenda to allow the public an opportunity to speak on the item. MOTION: Moved by Council Member Spagnolo, seconded by Mayor Pro Tem Kennedy, to amend the agenda to move item K1 to Administrative Hearing item 11. Motion carried unanimously, 5-0. **DRAFT** August 7, 20191 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 3 of 8 Page 13 Mark Feldmam, representing AWI Builders Inc., spoke about item C4 on the agenda, award of the Public Safety Facility Project; and displayed documents in protest to the award of the contract. Robert Mekikyan, representing AWI Builders Inc., spoke about item C4 on the agenda, award of the Public Safety Facility Project; and displayed documents in protest to the award of the contract. Matthew Kraus, representing Robert Clapper Construction Services Inc., spoke about item C4 on the agenda and shared that Robert Clapper Construction Services Inc. is excited to work with the City on the Public Safety Facility Project and committed to doing a good job. Max Cherubil, spoke in support of a dog park in the City and congratulated the City Council, Police and Fire Department for doing a great job. CONSENTCALENDARSC. • DA' PROTECTION C.1. Consideration of Meeting Minutes: Regular Meetings of July 17, 2019. C.2. Consideration to Approve Bi -Weekly Payroll in the Amount of $962,574.48 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $626,168.38 Dated July 09, 2019 Through July 29, 2019 and Electronic Debit Register for the Month of June in the Amount of $531,436.64. C.3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of $152.11 Dated July 09, 2019 Through July 29, 2019. CA. Consideration to Accept the Bid Submitted by Robert Clapper Construction Services, Inc., of Rialto, California, and Award and Authorize the Execution of a Contract Totaling $13,533,000 for the Public Safety Facility Construction Project. C.5. Consideration to Approve the Renewal of Contract CO 13-008 with Able Building Maintenance for Window Cleaning Services in an Amount Not to Exceed $5,000 for FY 2019/2020. C.6. Consideration to Approve the Renewal of Contract CO 14-175 with ABC Locksmith, Inc. for Fire District Keys, Key Repair and Replacement on an As -Needed Basis in an Amount Not to Exceed $7,500 for FY 2019/2020. MOTION: Moved by Council Member Spagnolo, seconded by Mayor Pro Tem Kennedy, to approve Consent Calendar Items C1 through C6. Motion carried, 5-0, with Council Member Scott abstaining from item C3, due to her employment with Southern California Gas Company. CONSENTD. DA' — HOUSING SUCCESSOR AGENCY D.1. Consideration of Regular Meeting Minutes of July 17, 2019. **DRAFT** August 7, 20191 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 4 of 8 Page 14 MOTION: Moved by Agency Member Scott, seconded by Agency Member Hutchison, to approve Consent Calendar Item D1. Motion carried unanimously, 5-0. E.1. Consideration of Regular Meeting Minutes of July 17, 2019. MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Agency Member Spagnolo, to approve Consent Calendar Item E1. Motion carried unanimously, 5-0. F.1. Consideration of Regular Meeting Minutes of July 17, 2019. MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to approve Consent Calendar Item F1. Motion carried unanimously, 5-0. G.1. Consideration of Meeting Minutes: Regular Meetings of July 17, 2019 and Special Meeting of June 17, 2019. G.2. Consideration to Approve Bi -Weekly Payroll in the Amount of $1,130,614.98 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $9,846,515.51 Dated July 09, 2019 Through July 29, 2019 and Electronic Debit Register for the Month of June in the Amount of $489,536.54. G.3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of $2,249.59 Dated July 09, 2019 Through July 29, 2019. GA. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Hellman Avenue and 8th Street Widening, Traffic Signal, and At- Grade Improvements at the Metrolink Tracks Project. G.S. Consideration of Amendment No. 11 to the Professional Services Agreement with All City Management Services, Inc. for Crossing Guard Services (C0#1 3-150) to Amend Certain Terms and Renew the Agreement for Fiscal Year 2019/20. G.6. Consideration of an Increase in Construction Contingency in the Total Amount of $127,000 from the Landscape Maintenance District LMD-3B Fund for the Construction of the Fiscal Year 2018/19 Local Street Pavement Rehabilitation Slurry Seal of Various Streets Project. G.7. Consideration to Accept the Bid Submitted by Robert Clapper Construction Services, Inc., of Rialto, California, and Award and Authorize the Execution of a Contract Totaling $13,533,000 for the Public Safety Facility Construction Project. G.B. Consideration to Approve the Renewal of Contract CO 13-008 with Able Building Maintenance for Window Cleaning Services in an Amount Not to Exceed $78,000 for FY 2019/2020. **DRAFT** August 7, 20191 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 5 of 8 Page 15 G.9. Consideration to Approve the Renewal of Contract CO 16-112 with Amtech Elevator Services for Elevator Maintenance and Repair Services in an Amount Not to Exceed $30,000 for FY 2019/2020. G.10. Consideration to Approve the Renewal of Contract CO 18-066 with AquaBio Environmental Technologies for Maintenance, Repair, and Preventative Maintenance Services of Red Hill Lake in an Amount Not to Exceed $26,000 for FY 2019/2020. G.11. Consideration to Approve the Renewal of Contract CO 14-175 with ABC Locksmiths, Inc. for Citywide Keys, Key Repair and Replacement on an As -Needed Basis in an Amount Not to Exceed $42,400 for FY 2019/2020. G.12. Consideration to Approve the Renewal of Contract CO 15-095 with UPSCO PowerSafe Systems, Inc., for Uninterruptible Power Supply (UPS) System Maintenance and Repair and Battery Replacements in an Amount Not to Exceed $49,900 for FY 2019/2020. G.13. Consideration to Approve the Renewal of Contract CO 18-108 with Albert Grover and Associates for Traffic Signal Communication Services in an Amount Not to Exceed $50,000 for FY 2019/2020. G.14. Consideration to Approve Amendment No. 01 to the Memorandum of Understanding with Chaffey Community College District Concerning the Public Art Partnership. G.15. Consideration of a Resolution to Establish the Community Parks and Landscape Citizens' Oversight Committee and to Appoint Committee Members. RESOLUTION NO. 19-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING THE COMMUNITY PARKS AND LANDSCAPE CITIZENS' OVERSIGHT COMMITTEE AND REPEALING PRIOR RESOLUTIONS ESTABLISHING THE LANDSCAPE MAINTENANCE DISTRICT CITIZENS' OVERSIGHT COMMITTEE AND THE WEST -SIDE DISTRICTS CITIZENS' OVERSIGHT COMMITTEE MOTION: Moved by Council Member Spagnolo, seconded by Mayor Pro Tem Kennedy, to approve Consent Calendar Items G1 through G15. Motion carried, 5-0, with Council Member Scott abstaining from item G3, due to her employment with Southern California Gas Company. No Items. 1.1. Consideration of the Purchase of Fixed Position Automatic License Plate Reader Cameras to be Installed at Three Intersections - Base Line Road/Carnelian Street, Haven Avenue/19th Street and Day Creek Boulevard/Highland Avenue - From Vigilant Solutions as a Single Source Vendor in the Amount of $510,000 from the Law Enforcement Reserve Fund. City Manager Gillison introduced Darryl Polk, Director/Chief Innovation Officer and Captain Mahoney, RCPD, who gave the Staff Report. Mayor Michael opened the Administrative Hearing Item. **DRAFT** August 7, 20191 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 6 of 8 Page 16 Michael Cherubil, spoke in support of camera readers and inquired if the system is only for law enforcement agencies. Captain Mahoney clarified that the information collected by the Police Departments automatic license plate readers can only be accessed by the Police Department and the system is trustworthy. Mayor Michael closed the Administrative Hearing. Council Member Spagnolo thanked the Police Department for their efforts in keeping the community safe. In response to Mayor Pro Tem Kennedy's question, Captain Mahoney clarified that the system allows for detailed information to be collected on a vehicle and that all data is available based on query selection. Council Member Hutchison spoke in support of cameras and chosen locations. MOTION: Moved by Council Member Hutchsion, seconded by Mayor Pro Tem Kennedy, to approve the Purchase of Fixed Position Automatic License Plate Reader Cameras to be installed at three intersections - Base Line Road/Carnelian Street, Haven Avenue/19th Street and Day Creek Boulevard/Highland Avenue - from Vigilant Solutions. Motion carried unanimously, 5-0. No Items. K.2. Consideration of the City's Traffic Signal Communications Master Plan and Award of a Professional Services Agreement with Iteris, Inc., in the Amount of $429,756, Plus a 10% Contingency for Design and Construction Support Services for the Advanced Traffic Management System Phase 1 Project. City Manager Gillison introduced Jason Welday, Director of Engineering Services/City Engineer and Franco Laurie, Senior Civil Engineer, who gave the Staff Report. Discussion ensued on timing of phases and importance of having a master plan in place; funding for phases; and ability for residents to view benefits on street traffic improvements. City Manager Gillison shared that the infrastructure is improving to adapt with high speed connectivity of signals and that the City would also have to come to an agreement and communicate with signals owned by Cal Trans. **DRAFT** August 7, 20191 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 7 of 8 Page 17 MOTION: Moved by Council Member Spagnolo, seconded by Mayor Pro Tem Kennedy, to approve the City's Traffic Signal Communications Master Plan and award of a Professional Services Agreement with Iteris, Inc. Motion carried unanimously, 5-0. K.3. Consideration to Award a Contract to Social Vocational Services for Daily Litter and Trash Pick- up At the Metrolink Station and Semi -Weekly Pick -Up Along the Pacific Electric Trail in an Amount Not to Exceed $50,350 for FY 2019/2020. City Manager Gillison introduced Albert Espinoza, Acting Public Works Director and Hope Velarde, Management Analyst I, who gave the Staff Report. Council Member Scott spoke in support of the program. Council Member Spagnolo spoke in support and importance of program. MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Hutchison, to award a contract to Social Vocational Services. Motion carried unanimously, 5-0. L.1. COUNCIL ANNOUNCEMENTS Council Member Spagnolo thanked the City, Police Department, Fire Department and community sponsors for their support in the National Night Out event on Tuesday, August 6, 2019. L.2. INTER -AGENCY UPDATES None. None. Mayor Michael adjourned the meeting at 8:16 p.m. Approved: Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director **DRAFT** August 7, 20191 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 8 of 8 Page 18 August 5, 2019 CITY OF RANCHO CUCAMONGA CITY COUNCIL AND FIRE PROTECTION DISTRICT SPECIAL MEETING MINUTES The City of Rancho Cucamonga City Council held a special meeting on Monday, August 5, 2019, in Paul A. Biane Library, Second Story Exhibit Space, 12505 Cultural Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 8:38 a.m. Present were Councilmembers Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Elisa Cox, Deputy City Manager/Civic and Cultural Services; Lori Sassoon, Deputy City Manager/Administrative Services; Matt Burris, Deputy City Manager/Community and Economic Development; and Linda A. Troyan, City Clerk Services Director. No public communications were made. C1. City Council Teambuilding Workshop. City Manager Gillison and the City Council reviewed effective and efficient governance, discussed the relationship between the City Council and the City Manager in the Council -Manager form of government, policy and administrative decision making and goal setting. Recess: The meeting recessed at 11:50 a.m. for lunch. Reconvene: The meeting reconvened at 1:10 p.m. Present were Councilmembers Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tem Lynne Kennedy, and Mayor L. Dennis Michael. Discussion continued. Next Council workshop to focus on Mission, Vision, Values and Goals Mayor Michael adjourned the meeting at 2:45 p.m. Approved: Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director August 5, 2019 1 City Council Fire Protection District Special Meeting Minutes City of Rancho Cucamonga I Page 1 of 1 Page 19 August 7, 2019 CITY OF RANCHO CUCAMONGA JOINT CITY COUNCIL AND PLANNING COMMISSION SPECIAL MEETING MINUTES A special meeting of the Rancho Cucamonga City Council and Planning Commission was held on Wednesday, August 7, 2019 in in Tri -Communities Conference Room at City Hall located at 10500 Civic Center Drive, Rancho Cucamonga. Mayor L. Dennis Michael called the meeting to order at 3:01 p.m. Planning Commissioner Dopp led the Pledge of Allegiance. Present were Council Members Hutchison, Scott, Spagnolo, Mayor Pro Tem Kennedy and Mayor Michael. Present were Planning Commission Members Dopp, Munoz, Oaxaca and Vice Chair Wimberly. Chairman Guglielmo was absent. Also present were: Nick Ghirelli, Assistant City Attorney, Matt Burris, Deputy City Manager/Economic and Community Development and Linda A. Troyan, City Clerk Services Director. There were no public comments. Presentation on Integration of the Retail and Warehouse Sectors (Verbal Report). City Council received a presentation by Brandon Birtcher, Birtcher Development Legal Real Estate, on the Impacts on Land Planning caused by the integration of the retail and warehouse sectors. Mayor Michael adjourned the meeting at 4:22 p.m. Approved: Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director August 7, 20191 City Council and Planning Commission Joint Special Meeting Minutes Page 1 of 1 Page 20 DATE: August 21, 2019 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE BI -WEEKLY PAYROLL IN THE AMOUNT OF $1,304,447.96 AND WEEKLY CHECK REGISTERS (EXCLUDING CHECKS ISSUED TO SOUTHERN CALIFORNIA GAS COMPANY) IN THE AMOUNT OF $1,226,806.82 DATED JULY 17, 2019 THROUGH AUGUST 12, 2019. RECOMMENDATION: Staff recommends Fire Board approve payment of demands as presented. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 Check Register Page 21 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00009172 07/17/2019 MICHAEL BAKER INTERNATIONAL INC 3,625.00 0.00 3,625.00 AP 00009173 07/17/2019 RE ASTORIA 2 LLC 119,674.04 0.00 119,674.04 AP 00009174 07/17/2019 SAN BERNARDINO COUNTY 81.00 0.00 81.00 AP 00009175 07/17/2019 TANKO LIGHTING 5,000.00 0.00 5,000.00 AP 00009176 07/17/2019 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 22,278.98 0.00 22,278.98 AP 00009177 07/17/2019 RCCEA 1,694.50 0.00 1,694.50 AP 00009178 07/17/2019 RCPFA 11,712.07 0.00 11,712.07 AP 00009179 07/17/2019 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00 AP 00009180 07/18/2019 BIBLIOTHECA LLC 12,445.79 0.00 12,445.79 AP 00009193 07/18/2019 BRODART BOOKS 31,164.15 0.00 31,164.15 AP 00009194 07/18/2019 CITRUS MOTORS ONTARIO INC 0.00 72.08 72.08 AP 00009195 07/18/2019 DUNN EDWARDS CORPORATION 366.74 0.00 366.74 AP 00009196 07/18/2019 INLAND VALLEY DAILY BULLETIN 4,629.99 0.00 4,629.99 AP 00009197 07/18/2019 KME FIRE APPARATUS 0.00 1,734.74 1,734.74 AP 00009198 07/18/2019 LENOVO (UNITED STATES) INC. 3,557.05 4,047.09 7,604.14 *** AP 00009199 07/18/2019 MITY LITE INC. 7,203.22 0.00 7,203.22 AP 00009200 07/18/2019 OFFICE DEPOT 3,552.74 0.00 3,552.74 AP 00009201 07/18/2019 SIEMENS MOBILITY INC 12,750.66 0.00 12,750.66 AP 00009202 07/18/2019 SIMPLOT PARTNERS 518.28 0.00 518.28 AP 00009203 07/18/2019 SUNRISE FORD 2,218.79 0.00 2,218.79 AP 00009204 07/18/2019 TARGET SPECIALTY PRODUCTS 5,391.91 0.00 5,391.91 AP 00009205 07/18/2019 BIBLIOTHECA LLC 11,876.46 0.00 11,876.46 AP 00009206 07/18/2019 DIAMOND ENVIRONMENTAL SERVICES 73.20 0.00 73.20 AP 00009207 07/18/2019 GRANICUS INC 2,054.00 0.00 2,054.00 AP 00009208 07/18/2019 HOSE MAN INC 0.00 130.04 130.04 AP 00009209 07/24/2019 GEMINI PROJECTS 5,000.00 0.00 5,000.00 AP 00009210 07/24/2019 MOFFATT & NICHOL 164,883.50 0.00 164,883.50 AP 00009211 07/24/2019 TANKO LIGHTING 387.60 0.00 387.60 AP 00009212 07/25/2019 AHUMADA, ALEXANDER R 0.00 653.66 653.66 AP 00009213 07/25/2019 ALMAND, LLOYD 0.00 653.66 653.66 AP 00009214 07/25/2019 BANTAU, VICTORIA 0.00 511.48 511.48 AP 00009215 07/25/2019 BAZAL, SUSAN 0.00 677.47 677.47 AP 00009216 07/25/2019 BELL, MICHAEL L. 0.00 1,551.56 1,551.56 AP 00009217 07/25/2019 BERRY, DAVID 0.00 1,101.28 1,101.28 AP 00009218 07/25/2019 BROCK, ROBIN 0.00 1,102.61 1,102.61 AP 00009219 07/25/2019 CAMPBELL, GERALD 0.00 806.38 806.38 AP 00009220 07/25/2019 CAMPBELL, STEVEN 0.00 1,608.88 1,608.88 AP 00009221 07/25/2019 CARNES, KENNETH 0.00 511.48 511.48 AP 00009222 07/25/2019 CLABBY, RICHARD 0.00 1,101.28 1,101.28 AP 00009223 07/25/2019 CLOUGHESY, DONALD R 0.00 2,057.83 2,057.83 AP 00009224 07/25/2019 CORCORAN, ROBERT ANTHONY 0.00 707.78 707.78 AP 00009225 07/25/2019 COSTELLO, DENNIS M 0.00 2,057.83 2,057.83 AP 00009226 07/25/2019 COX, KARL 0.00 653.66 653.66 AP 00009227 07/25/2019 CRANE, RALPH 0.00 1,072.30 1,072.30 AP 00009228 07/25/2019 CROSSLAND, WILBUR 0.00 511.48 511.48 AP 00009229 07/25/2019 DAGUE, JAMES 0.00 1,072.30 1,072.30 AP 00009230 07/25/2019 DE ANTONIO, SUSAN 0.00 707.78 707.78 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 22 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00009231 07/25/2019 DEANS, JACKIE 0.00 258.83 258.83 AP 00009232 07/25/2019 DOMINICK, SAMUEL A. 0.00 1,102.61 1,102.61 AP 00009233 07/25/2019 EAGLESON, MICHAEL 0.00 1,551.56 1,551.56 AP 00009234 07/25/2019 EGGERS, BOB 0.00 2,057.83 2,057.83 AP 00009235 07/25/2019 FRITCHEY, JOHN D. 0.00 511.48 511.48 AP 00009236 07/25/2019 HEYDE, DONALD 0.00 653.66 653.66 AP 00009237 07/25/2019 INTERLICCHIA, ROSALYN 0.00 258.83 258.83 AP 00009238 07/25/2019 KILMER, STEPHEN 0.00 1,101.28 1,101.28 AP 00009239 07/25/2019 LANE, WILLIAM 0.00 1,102.61 1,102.61 AP 00009240 07/25/2019 LARKIN, DAVID W 0.00 1,472.46 1,472.46 AP 00009241 07/25/2019 LEE, ALLAN J. 0.00 1,306.22 1,306.22 AP 00009242 07/25/2019 LENZE, PAUL E 0.00 1,203.50 1,203.50 AP 00009243 07/25/2019 LONCAR, PHILIP 0.00 1,101.28 1,101.28 AP 00009244 07/25/2019 LONGO, JOE 0.00 187.74 187.74 AP 00009245 07/25/2019 LUTTRULL, DARRELL 0.00 511.48 511.48 AP 00009246 07/25/2019 MACKALL, BEVERLY 0.00 187.74 187.74 AP 00009247 07/25/2019 MAYFIELD, RON 0.00 653.66 653.66 AP 00009248 07/25/2019 MCKEE, JOHN 0.00 653.66 653.66 AP 00009249 07/25/2019 MCNEIL, KENNETH 0.00 653.66 653.66 AP 00009250 07/25/2019 MICHAEL, L. DENNIS 0.00 1,102.61 1,102.61 AP 00009251 07/25/2019 MORGAN, BYRON 0.00 1,731.23 1,731.23 AP 00009252 07/25/2019 MYSKOW, DENNIS 0.00 1,101.28 1,101.28 AP 00009253 07/25/2019 NAUMAN, MICHAEL 0.00 511.48 511.48 AP 00009254 07/25/2019 NEE, RON 0.00 677.47 677.47 AP 00009255 07/25/2019 NELSON, MARY JANE 0.00 187.74 187.74 AP 00009256 07/25/2019 O'BRIEN, TOM 0.00 1,124.82 1,124.82 AP 00009257 07/25/2019 PLOUNG, MICHAEL J 0.00 584.82 584.82 AP 00009258 07/25/2019 POST, MICHAEL R 0.00 1,503.07 1,503.07 AP 00009259 07/25/2019 PROULX, PATRICK 0.00 1,551.56 1,551.56 AP 00009260 07/25/2019 REDMOND, MIKE 0.00 1,102.61 1,102.61 AP 00009261 07/25/2019 ROEDER, JEFF 0.00 1,551.56 1,551.56 AP 00009262 07/25/2019 SALISBURY, THOMAS 0.00 653.66 653.66 AP 00009263 07/25/2019 SMITH, RONALD 0.00 511.48 511.48 AP 00009264 07/25/2019 SORENSEN, SCOTT D 0.00 1,979.02 1,979.02 AP 00009265 07/25/2019 SPAGNOLO, SAM 0.00 511.48 511.48 AP 00009266 07/25/2019 SPAIN, WILLIAM 0.00 806.38 806.38 AP 00009267 07/25/2019 SULLIVAN, JAMES 0.00 511.48 511.48 AP 00009268 07/25/2019 TAYLOR, STEVE 0.00 1,605.35 1,605.35 AP 00009269 07/25/2019 TULEY, TERRY 0.00 1,551.56 1,551.56 AP 00009270 07/25/2019 VANDERKALLEN, FRANCIS 0.00 653.66 653.66 AP 00009271 07/25/2019 VARNEY, ANTHONY 0.00 1,102.61 1,102.61 AP 00009272 07/25/2019 WALTON, KEVIN 0.00 1,472.46 1,472.46 AP 00009273 07/25/2019 YOWELL, TIMOTHY A 0.00 1,072.30 1,072.30 AP 00009274 07/25/2019 AIRGAS USA LLC 882.24 182.47 1,064.71 *** AP 00009275 07/25/2019 VISTA PAINT 30.74 0.00 30.74 AP 00009281 07/25/2019 BRODART BOOKS 11,796.30 0.00 11,796.30 AP 00009282 07/25/2019 DUMBELL MAN FITNESS EQUIPMENT, THE 0.00 150.00 150.00 User: VLOPEZ - VERONICA LOPEZ Page: 2 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 23 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00009283 07/25/2019 EMCOR SERVICES 10,850.00 0.00 10,850.00 AP 00009284 07/25/2019 INLAND VALLEY DAILY BULLETIN 5,948.12 0.00 5,948.12 AP 00009285 07/25/2019 MITY LITE INC. 12,192.43 0.00 12,192.43 AP 00009286 07/25/2019 OFFICE DEPOT 5,093.98 1,510.58 6,604.56 *** AP 00009287 07/25/2019 PSA PRINT GROUP 99.14 116.37 215.51 *** AP 00009288 07/25/2019 SITEONE LANDSCAPE SUPPLY LLC 3,718.02 0.00 3,718.02 AP 00009289 07/31/2019 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 13,705.00 0.00 13,705.00 AP 00009290 07/31/2019 RCCEA 1,714.00 0.00 1,714.00 AP 00009291 07/31/2019 RCPFA 11,736.29 0.00 11,736.29 AP 00009292 08/01/2019 CARQUEST AUTO PARTS 1,989.39 0.00 1,989.39 AP 00009293 08/01/2019 HOSE MAN INC 15.93 0.00 15.93 AP 00009294 08/01/2019 KME FIRE APPARATUS 0.00 40.41 40.41 AP 00009295 08/01/2019 MCFADDEN DALE HARDWARE 141.37 0.00 141.37 AP 00009296 08/01/2019 OFFICE DEPOT 1,630.57 147.72 1,778.29 *** AP 00009297 08/01/2019 PSA PRINT GROUP 545.22 0.00 545.22 AP 00009298 08/01/2019 SUNRISE FORD 99.57 0.00 99.57 AP 00009299 08/05/2019 ABC LOCKSMITHS 174.00 1,992.12 2,166.12 *** AP 00009300 08/05/2019 AIRGAS USA LLC 359.97 330.85 690.82 *** AP 00009313 08/05/2019 BRODART BOOKS 36,130.28 0.00 36,130.28 AP 00009314 08/05/2019 EMCOR SERVICES 8,530.00 0.00 8,530.00 AP 00009315 08/05/2019 OFFICE DEPOT 3,068.37 0.00 3,068.37 AP 00009316 08/05/2019 PSA PRINT GROUP 77.58 0.00 77.58 AP 00009317 08/05/2019 SIEMENS MOBILITY INC 27,091.68 0.00 27,091.68 AP 00009318 08/05/2019 SITEONE LANDSCAPE SUPPLY LLC 529.94 0.00 529.94 AP 00009319 08/07/2019 EDF TRADING NORTH AMERICA LLC 69,300.00 0.00 69,300.00 AP 00009320 08/07/2019 EXELON GENERATION CO LLC 326,346.40 0.00 326,346.40 AP 00009321 08/07/2019 SAN BERNARDINO CTY SHERIFFS DEPT 3,211,240.78 0.00 3,211,240.78 AP 00009322 08/07/2019 SAN BERNARDINO COUNTY 8.00 0.00 8.00 AP 00009323 08/08/2019 ABC LOCKSMITHS 90.00 0.00 90.00 AP 00009324 08/08/2019 AIRGAS USA LLC 0.00 105.64 105.64 AP 00009325 08/08/2019 CRAFCOINC 410.53 0.00 410.53 AP 00009326 08/08/2019 EMCOR SERVICES 34,392.78 10,986.42 45,379.20 *** AP 00009327 08/08/2019 FIRE ETC. 0.00 487.69 487.69 AP 00009328 08/08/2019 GRANICUS INC 3,405.24 0.00 3,405.24 AP 00009329 08/08/2019 KME FIRE APPARATUS 0.00 3,070.37 3,070.37 AP 00009330 08/08/2019 OC TANNER RECOGNITION COMPANY 117.53 0.00 117.53 AP 00009331 08/08/2019 OFFICE DEPOT 1,718.55 0.00 1,718.55 AP 00009332 08/08/2019 PSA PRINT GROUP 176.71 0.00 176.71 AP 00009333 08/08/2019 OFFICE DEPOT 2,153.65 0.00 2,153.65 AP 00009334 08/08/2019 SIEMENS MOBILITY INC 82,565.99 0.00 82,565.99 AP 00402408 07/17/2019 ALBRECHT, JEFFREY 997.20 0.00 997.20 AP 00402409 07/17/2019 ALLERGY & ASTHMA CENTER 42.96 0.00 42.96 AP 00402410 07/17/2019 ALLIANCE BUS LINES INC 2,825.00 0.00 2,825.00 AP 00402411 07/17/2019 ALPHAGRAPHICS 201.36 0.00 201.36 AP 00402412 07/17/2019 AMTECH ELEVATOR SERVICES 1,514.70 0.00 1,514.70 AP 00402413 07/17/2019 AT&T MOBILITY 0.00 86.66 86.66 AP 00402414 07/17/2019 AUFBAU CORPORATION 8,990.00 0.00 8,990.00 User: VLOPEZ - VERONICA LOPEZ Page: 3 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 24 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402415 07/17/2019 AUFBAU CORPORATION 20,300.00 0.00 20,300.00 AP 00402416 07/17/2019 AUNTIE ROXIES LIFE OF THE PARTY 1,674.00 0.00 1,674.00 AP 00402417 07/17/2019 BAUER COMPRESSORS 0.00 4,264.55 4,264.55 AP 00402418 07/17/2019 BENAVIDES, RENE 450.00 0.00 450.00 AP 00402419 07/17/2019 BENEFIT FINANCIAL SERVICES GROUP 3,125.00 0.00 3,125.00 AP 00402420 07/17/2019 BERN MARIE'S PROMOTIONAL PRODUCTS 1,450.82 0.00 1,450.82 AP 00402421 07/17/2019 BEST GOLF CARTS INC. 2,229.10 0.00 2,229.10 AP 00402425 07/17/2019 C V W D 45,055.98 873.11 45,929.09 *** AP 00402426 07/17/2019 CAGLES APPLIANCE 0.00 71.07 71.07 AP 00402427 07/17/2019 CALIFORNIA DIVISION OF THE STATE ARCHITECT 1,159.70 0.00 1,159.70 AP 00402428 07/17/2019 CALIFORNIA, STATE OF 1,806.00 0.00 1,806.00 AP 00402429 07/17/2019 CALIX INC. 2,340.00 0.00 2,340.00 AP 00402430 07/17/2019 CAMERON -DANIEL PC 91.50 0.00 91.50 AP 00402431 07/17/2019 CDW GOVERNMENT INC 1,694.31 0.00 1,694.31 AP 00402432 07/17/2019 CHARTER COMMUNICATIONS 7,892.45 6,362.54 14,254.99 *** AP 00402433 07/17/2019 CIVIC SOLUTIONS INC 20,835.00 0.00 20,835.00 AP 00402434 07/17/2019 CONSOLIDATED ELECTRICAL DISTR INC 102.36 0.00 102.36 AP 00402435 07/17/2019 CORODATA MEDIA STORAGE INC 786.46 0.00 786.46 AP 00402436 07/17/2019 CUMMINS SALES AND SERVICE 72,005.56 0.00 72,005.56 AP 00402437 07/17/2019 D AND K CONCRETE COMPANY 4,339.64 0.00 4,339.64 AP 00402438 07/17/2019 DEALER ALTERNATIVE SOLUTIONS 549.94 0.00 549.94 AP 00402439 07/17/2019 DLIMAGING 917.98 0.00 917.98 AP 00402440 07/17/2019 DREAM21NSPIRE LLC 39.00 0.00 39.00 AP 00402441 07/17/2019 FORD OF UPLAND INC 7,677.22 0.00 7,677.22 AP 00402442 07/17/2019 FORTUNE FENCING 45.00 0.00 45.00 AP 00402443 07/17/2019 GAIL MATERIALS 3,325.81 0.00 3,325.81 AP 00402444 07/17/2019 GEOGRAPHICS 3,963.00 0.00 3,963.00 AP 00402445 07/17/2019 GEORGE HILLS COMPANY 1,112.20 0.00 1,112.20 AP 00402446 07/17/2019 GOLDEN STATE RISK MANAGEMENT AUTHORITY 98,114.00 1,381.00 99,495.00 *** AP 00402447 07/17/2019 GOVERNMENTJOBS.COM INC. 30,000.00 0.00 30,000.00 AP 00402448 07/17/2019 GRAPHICS FACTORY PRINTING INC. 262.91 0.00 262.91 AP 00402449 07/17/2019 HAWORTH, JUSTIN 27.58 0.00 27.58 AP 00402450 07/17/2019 HI WAY SAFETY INC 591.38 0.00 591.38 AP 00402451 07/17/2019 HOMECOMING V AT TERRA VISTA LLC 3.77 0.00 3.77 AP 00402452 07/17/2019 HONDA YAMAHA HUSQVARNA OF REDLANDS 5,201.22 0.00 5,201.22 AP 00402453 07/17/2019 HUIE, ALEX 11.88 0.00 11.88 AP 00402454 07/17/2019 INLAND BUILDING CONSTRUCTION CO INC 650.00 0.00 650.00 AP 00402455 07/17/2019 INLAND OVERHEAD DOOR COMPANY 0.00 1,700.00 1,700.00 AP 00402456 07/17/2019 INLAND VALLEY DANCE ACADEMY 402.00 0.00 402.00 AP 00402457 07/17/2019 JACKSON HIRSH INC 203.94 0.00 203.94 AP 00402458 07/17/2019 KENNEDY, CHRIS 30.00 0.00 30.00 AP 00402459 07/17/2019 KLAUS AND SONS 150.00 0.00 150.00 AP 00402460 07/17/2019 LANCE SOLL AND LUNGHARD 5,130.00 480.00 5,610.00 *** AP 00402461 07/17/2019 LEIGHTON CONSULTING INC 9,262.00 0.00 9,262.00 AP 00402462 07/17/2019 LIEBERT CASSIDY WHITMORE 9,206.20 518.00 9,724.20 *** AP 00402463 07/17/2019 LIPOCK'S ACCOUNTING SERVICES INC 1,562.50 0.00 1,562.50 AP 00402464 07/17/2019 LITTLE BEAR PRODUCTIONS 895.00 0.00 895.00 User: VLOPEZ - VERONICA LOPEZ Page: 4 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 25 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402465 07/17/2019 LITTLE, MARC 531.00 0.00 531.00 AP 00402466 07/17/2019 LIVE OAK DOG OBEDIENCE 672.00 0.00 672.00 AP 00402467 07/17/2019 MAM-A INC 8,068.14 0.00 8,068.14 AP 00402468 07/17/2019 MARIPOSA LANDSCAPES INC 10,241.81 0.00 10,241.81 AP 00402469 07/17/2019 MEDIA CONTROL SYSTEMS 2,100.00 0.00 2,100.00 AP 00402470 07/17/2019 MOUNTAIN VIEW SMALL ENG REPAIR 629.16 0.00 629.16 AP 00402471 07/17/2019 MUSICLAND 588.00 0.00 588.00 AP 00402472 07/17/2019 NEW COLOR SCREEN PRINTING & EMBROIDERY 1,049.49 0.00 1,049.49 AP 00402473 07/17/2019 OCCUPATIONAL HEALTH CTRS OF CA 190.00 13,575.00 13,765.00 *** AP 00402474 07/17/2019 OLMEDA, CHRISTINA N 128.67 0.00 128.67 AP 00402475 07/17/2019 ORKIN PEST CONTROL 80.00 0.00 80.00 AP 00402476 07/17/2019 OTSUKA, DENNIS 2,765.00 0.00 2,765.00 AP 00402477 07/17/2019 PACIFIC UTILITY INSTALLATION INC 16,508.84 0.00 16,508.84 AP 00402478 07/17/2019 POSTAL PERFECT 240.00 0.00 240.00 AP 00402479 07/17/2019 POTAIN, JOSE 35.57 0.00 35.57 AP 00402480 07/17/2019 PSA PRINT GROUP 387.90 0.00 387.90 AP 00402481 07/17/2019 R AND R AUTOMOTIVE 1,484.95 0.00 1,484.95 AP 00402482 07/17/2019 RANCHO CUCAMONGA QUAKES 3,680.00 0.00 3,680.00 AP 00402483 07/17/2019 REFRIGERATION SUPPLIES DISTRIBUTOR 370.48 0.00 370.48 AP 00402484 07/17/2019 RESCUE RESPONSE GEAR LLC 0.00 1,297.25 1,297.25 AP 00402485 07/17/2019 RICHARDS WATSON AND GERSHON 13,899.58 0.00 13,899.58 AP 00402486 07/17/2019 ROMO PLANNING GROUP INC 3,240.00 0.00 3,240.00 AP 00402487 07/17/2019 ROTO ROOTER 350.00 0.00 350.00 AP 00402488 07/17/2019 SAN BERNARDINO CTY SUPERINTENDENT OF SCHOOLS 1,801.00 0.00 1,801.00 AP 00402489 07/17/2019 SC FUELS 7,192.29 0.00 7,192.29 AP 00402490 07/17/2019 SHOETERIA 1,538.93 0.00 1,538.93 AP 00402491 07/17/2019 SIGN SHOP, THE 187.61 0.00 187.61 AP 00402492 07/17/2019 SMITH, THERESE 57.42 0.00 57.42 AP 00402494 07/17/2019 SOCAL OFFICE TECHNOLOGIES 14,123.42 0.00 14,123.42 AP 00402495 07/17/2019 SOUTH COAST AQMD 139.63 0.00 139.63 AP 00402501 07/17/2019 SOUTHERN CALIFORNIA EDISON 55,217.02 3,818.67 59,035.69 *** AP 00402502 07/17/2019 SOUTHERN CALIFORNIA EDISON 348.59 0.00 348.59 AP 00402503 07/17/2019 SOUTHERN CALIFORNIA LAUNDRY CO LLC 929.81 0.00 929.81 AP 00402504 07/17/2019 SPERANZA, ROBERT & KRIS 1,300.00 0.00 1,300.00 AP 00402505 07/17/2019 STATEWIDE TRAFFIC SAFETY & SIGNS INC 5,822.99 0.00 5,822.99 AP 00402506 07/17/2019 SUPERION LLC 1,080.00 0.00 1,080.00 AP 00402507 07/17/2019 TIREHUB LLC 2,214.26 0.00 2,214.26 AP 00402508 07/17/2019 ULINE 2,440.62 0.00 2,440.62 AP 00402509 07/17/2019 UNIVERSAL FLEET SUPPLY 0.00 5.79 5.79 AP 00402510 07/17/2019 UNIVERSITY ENTERPRISES CORP @ CSUSB, THE 3,750.00 0.00 3,750.00 AP 00402511 07/17/2019 UNIVERSITY ENTERPRISES CORP @ CSUSB, THE 3,750.00 0.00 3,750.00 AP 00402512 07/17/2019 UNIVERSITY ENTERPRISES CORP @ CSUSB, THE 3,750.00 0.00 3,750.00 AP 00402513 07/17/2019 UPS 89.47 0.00 89.47 AP 00402514 07/17/2019 URBAN ARENA 5,520.00 0.00 5,520.00 AP 00402515 07/17/2019 URBAN ARENA 13,880.00 0.00 13,880.00 AP 00402516 07/17/2019 VERIZON WIRELESS - LA 60.12 0.00 60.12 AP 00402517 07/17/2019 VERIZON WIRELESS - LA 3,950.24 0.00 3,950.24 User: VLOPEZ - VERONICA LOPEZ Page: 5 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402518 07/17/2019 VERIZON WIRELESS - LA 80.52 0.00 80.52 AP 00402519 07/17/2019 VERIZON WIRELESS - LA 130.30 0.00 130.30 AP 00402520 07/17/2019 WASTE MANAGEMENT OF INLAND EMPIRE 2,952.26 0.00 2,952.26 AP 00402521 07/17/2019 WAWANESA GENERAL INSURANCE CO 3,473.85 0.00 3,473.85 AP 00402522 07/17/2019 WAXIE SANITARY SUPPLY 2,865.90 585.61 3,451.51 *** AP 00402523 07/17/2019 WEST END MATERIAL SUPPLY 754.48 0.00 754.48 AP 00402524 07/17/2019 WEST END YMCA/ RANCHO CUCAMONGA 9,224.11 0.00 9,224.11 AP 00402525 07/17/2019 WEST END YMCA/ RANCHO CUCAMONGA 9,686.45 0.00 9,686.45 AP 00402526 07/17/2019 WESTLAND GROUP INC 6,575.00 0.00 6,575.00 AP 00402527 07/17/2019 WESTLAND GROUP INC 13,973.00 0.00 13,973.00 AP 00402528 07/17/2019 WHITTIER FERTILIZER 840.45 0.00 840.45 AP 00402529 07/17/2019 WILSON, ED 20.00 0.00 20.00 AP 00402530 07/17/2019 XEROX FINANCIAL SERVICES 298.38 0.00 298.38 AP 00402531 07/17/2019 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00402532 07/17/2019 ALCORN, RICHARD 10.00 0.00 10.00 AP 00402533 07/17/2019 ALPHAGRAPHICS 28.69 0.00 28.69 AP 00402534 07/17/2019 ALTA VISTA MOBILE HOME PARK 400.00 0.00 400.00 AP 00402535 07/17/2019 AMUNDSON, STEPHEN ALBERT 200.00 0.00 200.00 AP 00402536 07/17/2019 BASS, TAYLOR 75.00 0.00 75.00 AP 00402537 07/17/2019 CA LLC - DBA ALTA LAGUNA MHP 600.00 0.00 600.00 AP 00402538 07/17/2019 CALIFORNIA FIRE CHIEFS ASSOC 0.00 1,050.00 1,050.00 AP 00402539 07/17/2019 CALIFORNIA FIRE CHIEFS ASSOC 0.00 1,200.00 1,200.00 AP 00402540 07/17/2019 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00402541 07/17/2019 CALIFORNIA, STATE OF 314.11 0.00 314.11 AP 00402542 07/17/2019 CALIFORNIA, STATE OF 250.00 0.00 250.00 AP 00402543 07/17/2019 CALIFORNIA, STATE OF 7.22 0.00 7.22 AP 00402544 07/17/2019 CASA VOLANTE MOBILE HOME PARK 700.00 0.00 700.00 AP 00402545 07/17/2019 CHAPARRAL HEIGHTS MOBILE HOME PARK 500.00 0.00 500.00 AP 00402546 07/17/2019 CINTAS CORPORATION #150 0.00 688.66 688.66 AP 00402547 07/17/2019 COLD DUCK PRODUCTIONS INC 1,500.00 0.00 1,500.00 AP 00402548 07/17/2019 CREATIVE BRAIN LEARNING 378.00 0.00 378.00 AP 00402549 07/17/2019 DANIELS, NOAH 34.65 0.00 34.65 AP 00402550 07/17/2019 DIRECTV 184.51 0.00 184.51 AP 00402551 07/17/2019 DIRECTV 66.99 0.00 66.99 AP 00402552 07/17/2019 DIRECTV 74.54 0.00 74.54 AP 00402553 07/17/2019 ERICKSON, CATHERINE 1,500.00 0.00 1,500.00 AP 00402554 07/17/2019 FREEDMAN, JACK 300.00 0.00 300.00 AP 00402555 07/17/2019 FRONTIER COMM 1,835.81 576.05 2,411.86 *** AP 00402556 07/17/2019 G AND M BUSINESS INTERIORS 0.00 129.14 129.14 AP 00402557 07/17/2019 GARCIA, JUSTINE 1,126.71 0.00 1,126.71 AP 00402558 07/17/2019 GASIO, KEVIN 1,600.00 0.00 1,600.00 AP 00402559 07/17/2019 GREATER TALENT NETWORK LLC 6,000.00 0.00 6,000.00 AP 00402560 07/17/2019 GROVES ON FOOTHILL, THE 200.00 0.00 200.00 AP 00402561 07/17/2019 GUERRA, KELLY 132.82 0.00 132.82 AP 00402562 07/17/2019 HADDAD, JORDAN 75.00 0.00 75.00 AP 00402563 07/17/2019 HOMETOWN AMERICA RAMONA VILLA 600.00 0.00 600.00 AP 00402564 07/17/2019 HOYT LUMBER CO., SM 0.00 73.66 73.66 User: VLOPEZ - VERONICA LOPEZ Page: 6 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 27 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402565 07/17/2019 HUNTINGTON BEACH, CITY OF 240.00 0.00 240.00 AP 00402566 07/17/2019 IATSE NATIONAL BENEFITS FUNDS 312.00 0.00 312.00 AP 00402567 07/17/2019 ICMA 1,400.00 0.00 1,400.00 AP 00402568 07/17/2019 KLAUS AND SONS 7,050.00 0.00 7,050.00 AP 00402569 07/17/2019 LEAGUE OF CALIFORNIA CITIES 550.00 0.00 550.00 AP 00402570 07/17/2019 LEVEL 3 COMMUNICATIONS LLC 5,391.94 0.00 5,391.94 AP 00402571 07/17/2019 LVD EMPIRE LAKES LLC 29.08 0.00 29.08 AP 00402572 07/17/2019 MARK CHRISTOPHER INC 0.00 91.04 91.04 AP 00402573 07/17/2019 MCCRAY, MATTHEW 1,475.00 0.00 1,475.00 AP 00402574 07/17/2019 MG PETROLEUM INC 380.00 0.00 380.00 AP 00402575 07/17/2019 MOUNTAIN VIEW SMALL ENG REPAIR 22.53 0.00 22.53 AP 00402576 07/17/2019 NETFILE 12,600.00 0.00 12,600.00 AP 00402577 07/17/2019 OSHIRO, ALLEN 1,400.00 0.00 1,400.00 AP 00402578 07/17/2019 PALMER CONSULTING 269.00 0.00 269.00 AP 00402579 07/17/2019 PARSAC 0.00 259,589.00 259,589.00 AP 00402580 07/17/2019 PINES MOBILE HOME PARK, THE 300.00 0.00 300.00 AP 00402581 07/17/2019 PRE -PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00402582 07/17/2019 R L CLOTWORTHY CONSTRUCTION INC 20,000.00 0.00 20,000.00 AP 00402583 07/17/2019 RAULS AUTO TRIM INC 0.00 65.00 65.00 AP 00402584 07/17/2019 REACH 2,000.00 0.00 2,000.00 AP 00402585 07/17/2019 REYES COCA-COLA BOTTLING LLC 857.74 0.00 857.74 AP 00402586 07/17/2019 SAN BERNARDINO CO FIRE DEPT 60,257.07 0.00 60,257.07 AP 00402587 07/17/2019 SAN BERNARDINO COUNTY SHERIFFS DEPT 208,471.78 0.00 208,471.78 AP 00402588 07/17/2019 SAN BERNARDINO CTY AUDITOR CONTROLLER 34,346.15 0.00 34,346.15 AP 00402589 07/17/2019 SAN BERNARDINO SHERIFF'S DEPT 0.00 450.00 450.00 AP 00402590 07/17/2019 SASSOON, LORI 507.96 0.00 507.96 AP 00402591 07/17/2019 SBPEA 1,966.07 0.00 1,966.07 AP 00402592 07/17/2019 SDC LEAGUE HEALTH FUND 750.00 0.00 750.00 AP 00402593 07/17/2019 SDC LEAGUE PENSION FUND 119.25 0.00 119.25 AP 00402594 07/17/2019 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00402595 07/17/2019 SYCAMORE VILLA MOBILE HOME PARK 400.00 0.00 400.00 AP 00402596 07/17/2019 UNITED SCENIC ARTISTS PENSION & WELFARE FUNDS 234.00 0.00 234.00 AP 00402597 07/17/2019 UNITED WAY 60.00 0.00 60.00 AP 00402598 07/17/2019 VASTA, WILLIAM 1,050.00 0.00 1,050.00 AP 00402599 07/17/2019 VENTEK INTERNATIONAL 2,070.00 0.00 2,070.00 AP 00402600 07/17/2019 VERIZON 26.69 0.00 26.69 AP 00402601 07/17/2019 VISION COMMUNICATIONS CO 360.00 0.00 360.00 AP 00402602 07/17/2019 VOGT, PHILLIP 1,500.00 0.00 1,500.00 AP 00402603 07/17/2019 WAINWRIGHT, JANICE RODGERS 420.00 0.00 420.00 AP 00402604 07/17/2019 WASHINGTON -MILLER, TAMICA 833.00 0.00 833.00 AP 00402605 07/17/2019 WE TIP INC 8,826.70 0.00 8,826.70 AP 00402606 07/17/2019 WILSON, RYAN 193.39 0.00 193.39 AP 00402607 07/17/2019 ZALEWSKI, JOHN 866.00 0.00 866.00 AP 00402608 07/18/2019 T S R CONSTRUCTION & INSPECTION 107,739.50 0.00 107,739.50 AP 00402609 07/24/2019 ADVANCED UTILITY SYSTEMS CORP 38,610.02 0.00 38,610.02 AP 00402610 07/24/2019 ALKUBAISI, SAOUD 153.74 0.00 153.74 AP 00402611 07/24/2019 ALLDATA 1,616.25 0.00 1,616.25 User: VLOPEZ - VERONICA LOPEZ Page: 7 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 28 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402612 07/24/2019 ALLIANCE BUS LINES INC 1,333.00 0.00 1,333.00 AP 00402613 07/24/2019 ALPHAGRAPHICS 125.67 0.00 125.67 AP 00402614 07/24/2019 AROCHO, ALMA 1,488.60 0.00 1,488.60 AP 00402615 07/24/2019 ASSOCIATION OF CHILDREN'S MUSEUMS 400.00 0.00 400.00 AP 00402616 07/24/2019 AUTO AND RV SPECIALISTS INC. 74.08 0.00 74.08 AP 00402617 07/24/2019 BAKER & TAYLOR LLC 52.82 0.00 52.82 AP 00402618 07/24/2019 BAST, KAROLYN 357.00 0.00 357.00 AP 00402619 07/24/2019 BLACKBAUD 8,485.34 0.00 8,485.34 AP 00402620 07/24/2019 CALIFORNIA GANG INVESTIGATORS ASSN 700.00 0.00 700.00 AP 00402621 07/24/2019 CINTAS CORPORATION #150 0.00 376.27 376.27 AP 00402622 07/24/2019 CLARK, KAREN 756.00 0.00 756.00 AP 00402623 07/24/2019 COLADA, CZARINA 48.25 0.00 48.25 AP 00402624 07/24/2019 CONCEPT POWDER COATING 145.00 0.00 145.00 AP 00402625 07/24/2019 CREATIVE BRAIN LEARNING 1,611.00 0.00 1,611.00 AP 00402626 07/24/2019 D AND K CONCRETE COMPANY 3,241.14 0.00 3,241.14 AP 00402627 07/24/2019 DAVID BELENZON MANAGEMENT INC 6,000.00 0.00 6,000.00 AP 00402628 07/24/2019 DEALER ALTERNATIVE SOLUTIONS 938.70 0.00 938.70 AP 00402629 07/24/2019 DLIMAGING 20.23 0.00 20.23 AP 00402630 07/24/2019 DOLLARHIDE, GINGER 230.00 0.00 230.00 AP 00402631 07/24/2019 DREAM SHAPERS 1,000.00 0.00 1,000.00 AP 00402632 07/24/2019 DUDE SOLUTIONS 16,890.00 0.00 16,890.00 AP 00402633 07/24/2019 DUNN, ANN MARIE 804.00 0.00 804.00 AP 00402634 07/24/2019 EASTERLING, RAY 153.60 0.00 153.60 AP 00402635 07/24/2019 EXPRESS BRAKE SUPPLY 300.01 0.00 300.01 AP 00402636 07/24/2019 FELICIANO, GASPAR ANTHONY 216.00 0.00 216.00 AP 00402637 07/24/2019 FRONTIER COMM 775.88 621.83 1,397.71 *** AP 00402638 07/24/2019 GIORDANO, MARIANNA 124.80 0.00 124.80 AP 00402639 07/24/2019 HAMILTON, MONIQUE 1,650.00 0.00 1,650.00 AP 00402640 07/24/2019 HAMPTON YOGA 1,096.20 0.00 1,096.20 AP 00402641 07/24/2019 HANGTIME SPORTS 198.00 0.00 198.00 AP 00402642 07/24/2019 HI WAY SAFETY INC 147.61 0.00 147.61 AP 00402643 07/24/2019 HOPSCOTCH PRESS INC 3,300.00 0.00 3,300.00 AP 00402644 07/24/2019 HOYT LUMBER CO., SM 0.00 4.45 4.45 AP 00402645 07/24/2019 HUBBERT, JAMES LIDELL 84.00 0.00 84.00 AP 00402646 07/24/2019 INDERWEISCHE, MATT 1,134.00 0.00 1,134.00 AP 00402647 07/24/2019 INFO USA MARKETING INC 9,500.00 0.00 9,500.00 AP 00402648 07/24/2019 INTERSTATE BATTERIES 117.98 0.00 117.98 AP 00402649 07/24/2019 JOHNNY ALLEN TENNIS ACADEMY 1,213.80 0.00 1,213.80 AP 00402650 07/24/2019 KINDRED CORPORATION 1,238.05 0.00 1,238.05 AP 00402651 07/24/2019 KUSAKABE, MASATO 55.06 0.00 55.06 AP 00402652 07/24/2019 LATREACE, RAINEY 368.00 0.00 368.00 AP 00402653 07/24/2019 LAWDIS, STEVE 146.16 0.00 146.16 AP 00402654 07/24/2019 LEE, MOREA 450.00 0.00 450.00 AP 00402655 07/24/2019 LEVERAGE INFORMATION SYSTEMS INC 53,973.01 0.00 53,973.01 AP 00402656 07/24/2019 LU'S LIGHTHOUSE INC 314.59 0.00 314.59 AP 00402657 07/24/2019 LU, WEIJIAN 69.86 0.00 69.86 AP 00402658 07/24/2019 MARQUEZ, EMMANUEL E 950.00 0.00 950.00 User: VLOPEZ - VERONICA LOPEZ Page: 8 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 29 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402659 07/24/2019 MCMURRAY STERN INC 941.00 0.00 941.00 AP 00402660 07/24/2019 MINANO, FRANK 250.00 0.00 250.00 AP 00402661 07/24/2019 MORRIS, RICHARD 72.00 0.00 72.00 AP 00402662 07/24/2019 MOTOROLA SOLUTIONS INC 30,388.45 0.00 30,388.45 AP 00402663 07/24/2019 MOVEMENT TALENT AGENCY 250.00 0.00 250.00 AP 00402664 07/24/2019 MUSICLAND 1,680.00 0.00 1,680.00 AP 00402665 07/24/2019 MUTUAL PROPANE 0.00 20.00 20.00 AP 00402666 07/24/2019 MYERS TIRE SUPPLY COMPANY 117.31 0.00 117.31 AP 00402667 07/24/2019 NATIONAL LEAGUE OF CITIES 10,928.30 0.00 10,928.30 AP 00402668 07/24/2019 NAUMANN HOBBS MATERIAL HANDLING 56.72 0.00 56.72 AP 00402669 07/24/2019 NEIUBER, ROBERT 1,898.17 0.00 1,898.17 AP 00402670 07/24/2019 NEWMAN, MICHELLE NICOLE 700.00 0.00 700.00 AP 00402671 07/24/2019 NICHOLS, GARY 1,071.00 0.00 1,071.00 AP 00402672 07/24/2019 NORMANDIE, HEATHER 700.00 0.00 700.00 AP 00402673 07/24/2019 OEDING, HANNAHLEAH 100.00 0.00 100.00 AP 00402674 07/24/2019 ORONA, PATRICIA 105.00 0.00 105.00 AP 00402675 07/24/2019 OTT, LAURA 972.00 0.00 972.00 AP 00402676 07/24/2019 OTT, SHARON 331.20 0.00 331.20 AP 00402677 07/24/2019 PACIFIC ANIMAL PRODUCTIONS 1,510.00 0.00 1,510.00 AP 00402678 07/24/2019 PARSAC 292,535.00 0.00 292,535.00 AP 00402679 07/24/2019 PENSKE HONDA 255.88 0.00 255.88 AP 00402680 07/24/2019 PETES ROAD SERVICE INC 128.16 0.00 128.16 AP 00402681 07/24/2019 PIERCE, CHRISTINA 100.00 0.00 100.00 AP 00402682 07/24/2019 RAMIREZ, FERNANDO ROBERT 150.00 0.00 150.00 AP 00402683 07/24/2019 RBM LOCK AND KEY SERVICE 12.12 0.00 12.12 AP 00402684 07/24/2019 REYES, DAVID 270.00 0.00 270.00 AP 00402685 07/24/2019 RIGLEMAN, ENCARNACION ONTIVEROS 160.00 0.00 160.00 AP 00402686 07/24/2019 RODAS' AUTO REPAIR 488.27 0.00 488.27 AP 00402687 07/24/2019 SOUTH COAST AQMD 0.00 1,263.06 1,263.06 AP 00402690 07/24/2019 SOUTHERN CALIFORNIA EDISON 6,150.82 0.00 6,150.82 AP 00402691 07/24/2019 STEPPIN OUT BALLROOM 175.00 0.00 175.00 AP 00402692 07/24/2019 STOTZ EQUIPMENT 1,422.35 0.00 1,422.35 AP 00402693 07/24/2019 TARGETSOLUTIONS 0.00 3,760.00 3,760.00 AP 00402694 07/24/2019 TESSIER, JEAN YVES 1,500.00 0.00 1,500.00 AP 00402695 07/24/2019 THEATRE COMPANY, THE 1,740.00 0.00 1,740.00 AP 00402696 07/24/2019 THOMPSON, NAYANA 450.00 0.00 450.00 AP 00402697 07/24/2019 TORO TOWING 100.00 0.00 100.00 AP 00402698 07/24/2019 TRACEY, VAL 192.00 0.00 192.00 AP 00402699 07/24/2019 TYUS, IDA 792.00 0.00 792.00 AP 00402700 07/24/2019 ABLE BUILDING MAINTENANCE 0.00 860.00 860.00 AP 00402701 07/24/2019 ABSOLUTE SECURITY INTERNATIONAL INC 16,314.50 0.00 16,314.50 AP 00402702 07/24/2019 ALBERT GROVER & ASSOCIATES 35,471.79 0.00 35,471.79 AP 00402703 07/24/2019 ALLIANT INSURANCE SERVICES INC 12,132.00 0.00 12,132.00 AP 00402704 07/24/2019 ARCHITERRA DESIGN GROUP 12,690.75 0.00 12,690.75 AP 00402705 07/24/2019 ARTISTIC RESOURCES CORPORATION 4,999.00 0.00 4,999.00 AP 00402706 07/24/2019 BAKER & TAYLOR LLC 15.51 0.00 15.51 AP 00402707 07/24/2019 BERLITZ LANGUAGES INC 110.00 0.00 110.00 User: VLOPEZ - VERONICA LOPEZ Page: 9 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 30 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402708 07/24/2019 BERN MARIE'S PROMOTIONAL PRODUCTS 1,042.15 0.00 1,042.15 AP 00402709 07/24/2019 BRIGHTON AT TERRA VISTA 100.00 0.00 100.00 AP 00402710 07/24/2019 BRIGHTVIEW LANDSCAPE SERVICES INC. 47,145.74 0.00 47,145.74 AP 00402711 07/24/2019 BUREAU VERITAS NORTH AMERICA INC 4,452.08 0.00 4,452.08 AP 00402715 07/24/2019 C V W D 66,330.33 0.00 66,330.33 AP 00402716 07/24/2019 CALIFORNIA DEPT OF TAX AND FEE ADMINISTRATION 5,347.92 0.00 5,347.92 AP 00402717 07/24/2019 CALIFORNIA DPT OF TAX & FEE ADMINISTRATION 2,013.72 721.73 2,735.45 *** AP 00402718 07/24/2019 CCS ORANGE COUNTY JANITORIAL INC. 3,454.96 0.00 3,454.96 AP 00402719 07/24/2019 CDW GOVERNMENT INC 12,347.93 0.00 12,347.93 AP 00402720 07/24/2019 CHRISTENSEN, JENNIFER 114.00 0.00 114.00 AP 00402721 07/24/2019 CINTAS CORPORATION #150 0.00 63.88 63.88 AP 00402722 07/24/2019 CORELOGIC SOLUTIONS LLC 257.50 0.00 257.50 AP 00402723 07/24/2019 CUMMINGS, CHLOE 1,000.00 0.00 1,000.00 AP 00402724 07/24/2019 DATA TICKET INC 5,843.11 0.00 5,843.11 AP 00402725 07/24/2019 DIZON, TOMAI 18.00 0.00 18.00 AP 00402726 07/24/2019 ECONOLITE CONTROL PRODUCTS INC 92,068.51 0.00 92,068.51 AP 00402727 07/24/2019 ED MARTIN DESIGN 322.11 0.00 322.11 AP 00402728 07/24/2019 EXECUTIVE AUTO DETAIL 0.00 330.00 330.00 AP 00402729 07/24/2019 FEDERAL EXPRESS CORP 17.40 0.00 17.40 AP 00402730 07/24/2019 FEHR AND PEERS 8,517.50 0.00 8,517.50 AP 00402731 07/24/2019 FOOTHILL FAMILY SHELTER 5,000.00 0.00 5,000.00 AP 00402732 07/24/2019 FORD OF UPLAND INC 1,857.49 0.00 1,857.49 AP 00402733 07/24/2019 FRANKLIN TRUCK PARTS 0.00 490.37 490.37 AP 00402734 07/24/2019 FRONTIER COMMUNICATIONS 0.00 66,228.00 66,228.00 AP 00402735 07/24/2019 GARCIA, LOUIE 250.00 0.00 250.00 AP 00402736 07/24/2019 GRAINGER 4,389.64 -66.42 4,323.22 *** AP 00402737 07/24/2019 HOLE PUNCH DESIGN 857.50 0.00 857.50 AP 00402738 07/24/2019 INLAND DESERT SECURITY & COMMUNICATIONS INC 50.00 0.00 50.00 AP 00402739 07/24/2019 INTERNATIONAL LINE BUILDERS INC 2,990.56 0.00 2,990.56 AP 00402740 07/24/2019 INTERWEST CONSULTING GROUP INC 12,751.47 0.00 12,751.47 AP 00402741 07/24/2019 LU, JINGYI 43.68 0.00 43.68 AP 00402742 07/24/2019 MARIPOSA LANDSCAPES INC 38,555.49 2,350.84 40,906.33 *** AP 00402743 07/24/2019 MESSINA AND ASSOCIATES INC 0.00 997.50 997.50 AP 00402744 07/24/2019 MIDWEST TAPE 404.01 0.00 404.01 AP 00402745 07/24/2019 MORENO, ENRIQUE 109.00 0.00 109.00 AP 00402746 07/24/2019 NAPA AUTO PARTS 0.00 190.53 190.53 AP 00402747 07/24/2019 NEIUBER, ROBERT 393.27 0.00 393.27 AP 00402748 07/24/2019 NV5INC 32,212.77 0.00 32,212.77 AP 00402749 07/24/2019 OCCUPATIONAL HEALTH CTRS OF CA 299.53 318.71 618.24 *** AP 00402750 07/24/2019 ONTRAC 20.08 0.00 20.08 AP 00402751 07/24/2019 ONWARD ENGINEERING 11,396.00 0.00 11,396.00 AP 00402752 07/24/2019 ORIEL, JASMIN 150.00 0.00 150.00 AP 00402753 07/24/2019 PALMER CONSULTING 600.00 0.00 600.00 AP 00402754 07/24/2019 PALOMARES, XRISTOPHER 50.00 0.00 50.00 AP 00402755 07/24/2019 PARS 3,500.00 0.00 3,500.00 AP 00402756 07/24/2019 PEREZ, MICAELA 15.89 0.00 15.89 AP 00402757 07/24/2019 PERPETUAL STORAGE INC 4,889.20 0.00 4,889.20 User: VLOPEZ - VERONICA LOPEZ Page: 10 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 31 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402758 07/24/2019 PETERMAN LUMBER INC 248.67 0.00 248.67 AP 00402759 07/24/2019 PETES ROAD SERVICE INC 507.25 0.00 507.25 AP 00402760 07/24/2019 PRIME GLASS 603.93 0.00 603.93 AP 00402761 07/24/2019 QUALITY CODE PUBLISHING 1,226.75 0.00 1,226.75 AP 00402762 07/24/2019 RED WING BUSINESS ADVANTAGE ACCOUNT 537.20 0.00 537.20 AP 00402763 07/24/2019 RJM DESIGN GROUP INC 4,568.90 0.00 4,568.90 AP 00402764 07/24/2019 RODAS' AUTO REPAIR 7,443.60 0.00 7,443.60 AP 00402765 07/24/2019 RUBENS AUTO COLLISION CENTER 300.00 0.00 300.00 AP 00402766 07/24/2019 SAFECHECKS 1,452.34 0.00 1,452.34 AP 00402767 07/24/2019 SAN BERNARDINO CO AUDITOR CONT 10,377.45 0.00 10,377.45 AP 00402768 07/24/2019 SAN BERNARDINO COUNTY TRANSPORTATION 0.00 244.34 244.34 AP 00402769 07/24/2019 SEQUEL CONTRACTORS INC 458,623.82 0.00 458,623.82 AP 00402770 07/24/2019 SILVER & WRIGHT LLP 24,714.04 0.00 24,714.04 AP 00402771 07/24/2019 SKORUPSKI, SUSAN 250.00 0.00 250.00 AP 00402772 07/24/2019 SOCAL PPE 0.00 3,868.50 3,868.50 AP 00402773 07/24/2019 SOUTHERN CALIFORNIA EDISON 32,545.30 0.00 32,545.30 AP 00402774 07/24/2019 SOUTHERN CALIFORNIA EDISON 10,385.05 0.00 10,385.05 AP 00402775 07/24/2019 SOUTHERN CALIFORNIA EDISON 1,799.56 0.00 1,799.56 AP 00402776 07/24/2019 SOWLES, JULIE 1,238.04 0.00 1,238.04 AP 00402777 07/24/2019 STERLING COFFEE SERVICE 543.20 0.00 543.20 AP 00402778 07/24/2019 SYSTEMS SOURCE INC 636.43 0.00 636.43 AP 00402779 07/24/2019 TIREHUB LLC 3,845.22 1,283.68 5,128.90 *** AP 00402780 07/24/2019 TORO TOWING 150.00 0.00 150.00 AP 00402781 07/24/2019 ULINE 295.95 0.00 295.95 AP 00402786 07/24/2019 VERIZON WIRELESS - LA 5,244.97 0.00 5,244.97 AP 00402787 07/24/2019 VERIZON WIRELESS - LA 423.53 0.00 423.53 AP 00402788 07/24/2019 WAXIE SANITARY SUPPLY 428.11 0.00 428.11 AP 00402789 07/24/2019 WESTLAND GROUP INC 38,598.50 0.00 38,598.50 AP 00402790 07/25/2019 CURATALO, JAMES 0.00 1,551.56 1,551.56 AP 00402791 07/25/2019 JERKINS, PATRICK 0.00 1,472.46 1,472.46 AP 00402792 07/25/2019 KIRKPATRICK, WILLIAM 0.00 1,525.78 1,525.78 AP 00402793 07/25/2019 RODRIGUEZ, VICTOR 0.00 1,490.94 1,490.94 AP 00402794 07/25/2019 TOWNSEND, JAMES 0.00 2,057.83 2,057.83 AP 00402795 07/25/2019 WALKER, KENNETH 0.00 258.83 258.83 AP 00402796 07/25/2019 SAMS CLUB/SYNCHRONY BANK 13.74 0.00 13.74 AP 00402797 07/31/2019 FIRST AID 2000 31.25 0.00 31.25 AP 00402798 07/31/2019 AAA CONSTRUCTION INC 765.43 0.00 765.43 AP 00402799 07/31/2019 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00402800 07/31/2019 APPLE INC. 2,631.24 0.00 2,631.24 AP 00402801 07/31/2019 ASPLUND, TRACY 70.00 0.00 70.00 AP 00402802 07/31/2019 CAL PERS LONG TERM CARE PROGRAM 152.48 0.00 152.48 AP 00402803 07/31/2019 CALACSAN, CHRISTINA 45.00 0.00 45.00 AP 00402804 07/31/2019 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00402805 07/31/2019 CALIFORNIA, STATE OF 314.11 0.00 314.11 AP 00402806 07/31/2019 CALIFORNIA, STATE OF 250.00 0.00 250.00 AP 00402807 07/31/2019 CALIFORNIA, STATE OF 7.22 0.00 7.22 AP 00402808 07/31/2019 CASTILLO, FRANCISCO 396.00 0.00 396.00 User: VLOPEZ - VERONICA LOPEZ Page: 11 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 32 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402809 07/31/2019 CCIAA-CRIME & INTELLIGENCE ANALYSTS ASSOC. 410.00 0.00 410.00 AP 00402810 07/31/2019 CELEBRATION PARTY RENTALS 554.00 0.00 554.00 AP 00402811 07/31/2019 CELLEBRITE INC 4,060.75 0.00 4,060.75 AP 00402812 07/31/2019 CHARTER COMMUNICATIONS 7,892.44 6,362.54 14,254.98 *** AP 00402813 07/31/2019 CREATIVE BRAIN LEARNING 2,525.40 0.00 2,525.40 AP 00402814 07/31/2019 CRP OAKMONT SANTA ANITA LLC 15,000.00 0.00 15,000.00 AP 00402815 07/31/2019 DANCE TERRIFIC 200.00 0.00 200.00 AP 00402816 07/31/2019 DIG SAFE BOARD 171.07 0.00 171.07 AP 00402817 07/31/2019 ED MARTIN DESIGN 827.73 0.00 827.73 AP 00402818 07/31/2019 ENGSTROM, DANIEL 1,200.00 0.00 1,200.00 AP 00402819 07/31/2019 ESRI 124,540.00 27,960.00 152,500.00 *** AP 00402820 07/31/2019 FOLKENS, KIM 202.06 0.00 202.06 AP 00402821 07/31/2019 FORD OF UPLAND INC 2,126.04 0.00 2,126.04 AP 00402822 07/31/2019 FRANZ, KYLE 190.87 0.00 190.87 AP 00402823 07/31/2019 FRONTIER COMM 2,471.59 262.94 2,734.53 *** AP 00402824 07/31/2019 GRACIA, JENNIFER HUNT 1,589.67 0.00 1,589.67 AP 00402825 07/31/2019 GRANT III, VINCENT 4.21 0.00 4.21 AP 00402826 07/31/2019 HANGTIME SPORTS 5,292.00 0.00 5,292.00 AP 00402827 07/31/2019 HARGREAVES, JANET 120.00 0.00 120.00 AP 00402828 07/31/2019 INTERNATIONAL ACADEMY OF PUBLIC SAFETY INC 335.00 0.00 335.00 AP 00402829 07/31/2019 INTERSTATE BATTERIES 0.00 804.35 804.35 AP 00402830 07/31/2019 ISPIRYAN, ARMENUHI 39.77 0.00 39.77 AP 00402831 07/31/2019 JOHNNY ALLEN TENNIS ACADEMY 2,375.40 0.00 2,375.40 AP 00402832 07/31/2019 K & D ENERGY 356.90 0.00 356.90 AP 00402833 07/31/2019 KAISER FOUNDATION HEALTH PLAN INC 236,942.27 0.00 236,942.27 AP 00402834 07/31/2019 KINDRED CORPORATION 27,806.95 0.00 27,806.95 AP 00402835 07/31/2019 KIRKWOOD, MARGARET 270.00 0.00 270.00 AP 00402836 07/31/2019 KWALL LLC 37,500.00 0.00 37,500.00 AP 00402837 07/31/2019 LIU DDS INC, JOHNNY 168.66 0.00 168.66 AP 00402838 07/31/2019 LOPEZ, ANGEL 250.00 0.00 250.00 AP 00402839 07/31/2019 MAGELLAN ADVISORS LLC 55,855.00 0.00 55,855.00 AP 00402840 07/31/2019 MUNOZ, CLAUDIA L 240.00 0.00 240.00 AP 00402841 07/31/2019 MUSICSTAR 662.40 0.00 662.40 AP 00402842 07/31/2019 NAPA AUTO PARTS 0.00 10.75 10.75 AP 00402843 07/31/2019 ESKANDER, NASSEF 289.47 0.00 289.47 AP 00402844 07/31/2019 NELSON, JAMIE ROBERTS 320.00 0.00 320.00 AP 00402845 07/31/2019 NEOPOST USA INC 492.35 0.00 492.35 AP 00402846 07/31/2019 OSIAS, WALTER 49.71 0.00 49.71 AP 00402847 07/31/2019 POP VINYL LLC 2,000.00 0.00 2,000.00 AP 00402848 07/31/2019 PRE -PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00402849 07/31/2019 R AND R AUTOMOTIVE 574.46 0.00 574.46 AP 00402850 07/31/2019 RADIUS GLOBAL SOLUTIONS 558.44 0.00 558.44 AP 00402851 07/31/2019 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,333.34 0.00 3,333.34 AP 00402852 07/31/2019 ROCKSTARS OF TOMORROW 500.00 0.00 500.00 AP 00402853 07/31/2019 ROUCH, PETE 70.00 0.00 70.00 AP 00402854 07/31/2019 SBPEA 1,984.15 0.00 1,984.15 AP 00402855 07/31/2019 SHERIFFS COURT SERVICES 100.00 0.00 100.00 User: VLOPEZ - VERONICA LOPEZ Page: 12 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 33 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402856 07/31/2019 SHRED PROS 48.00 55.00 103.00 *** AP 00402858 07/31/2019 SOLARWINDS INC 2,636.00 0.00 2,636.00 AP 00402865 07/31/2019 SOUTHERN CALIFORNIA EDISON 17,025.03 3,025.93 20,050.96 *** AP 00402866 07/31/2019 STANDARD INSURANCE COMPANY 11,876.41 0.00 11,876.41 AP 00402867 07/31/2019 STANDARD INSURANCE COMPANY 3,590.92 0.00 3,590.92 AP 00402868 07/31/2019 STEPPIN OUT BALLROOM 126.00 0.00 126.00 AP 00402869 07/31/2019 SUPERION LLC 454.00 0.00 454.00 AP 00402870 07/31/2019 SWEET DOUGH CAFE 672.00 0.00 672.00 AP 00402871 07/31/2019 TIREHUB LLC 0.00 428.26 428.26 AP 00402872 07/31/2019 TRANSCOLD DISTRIBUTION USA 1,032.02 0.00 1,032.02 AP 00402873 07/31/2019 TUTOR.COM INC 19,900.00 0.00 19,900.00 AP 00402874 07/31/2019 U.S. BANK PARS ACCT #6746022500 1,085.14 0.00 1,085.14 AP 00402875 07/31/2019 U.S. BANK PARS ACCT #6746022500 22,966.74 0.00 22,966.74 AP 00402876 07/31/2019 UNDERGROUND SVC ALERT OF SO CAL 110.65 0.00 110.65 AP 00402877 07/31/2019 UPS 29.00 0.00 29.00 AP 00402878 07/31/2019 VALVERDE SCHOOL OF PERFORMING ARTS 1,000.00 0.00 1,000.00 AP 00402879 07/31/2019 VERIZON WIRELESS - LA 4,001.43 0.00 4,001.43 AP 00402880 07/31/2019 VISION SERVICE PLAN CA 10,697.00 0.00 10,697.00 AP 00402881 07/31/2019 VORTEX INDUSTRIES INC 2,219.01 0.00 2,219.01 AP 00402882 07/31/2019 WAXIE SANITARY SUPPLY 48.23 0.00 48.23 AP 00402883 07/31/2019 WHITE CAP CONSTRUCTION SUPPLY 174.31 0.00 174.31 AP 00402884 07/31/2019 WORD MILL PUBLISHING 1,400.00 0.00 1,400.00 AP 00402885 07/31/2019 WYCHE, LILLIE 13.02 0.00 13.02 AP 00402886 07/31/2019 ZEP SALES AND SERVICE 0.00 929.48 929.48 AP 00402887 07/31/2019 34TH STREET INC 2,150.00 0.00 2,150.00 AP 00402888 07/31/2019 C V W D 305.41 1,171.40 1,476.81 *** AP 00402894 07/31/2019 C V W D 142,254.10 430.96 142,685.06 *** AP 00402895 07/31/2019 COWLES, MICHELLE 0.00 917.99 917.99 AP 00402896 07/31/2019 DEPARTMENT OF TRANSPORTATION 9,919.49 0.00 9,919.49 AP 00402897 07/31/2019 FAMILY SERVICES ASSOCIATION 10,000.00 0.00 10,000.00 AP 00402898 07/31/2019 FIRST CLASS HEATING & AIR 7,850.00 0.00 7,850.00 AP 00402899 07/31/2019 FORTIN LAW GROUP 12,187.55 0.00 12,187.55 AP 00402900 07/31/2019 HOME DEPOT CREDIT SERVICES 5,374.91 0.00 5,374.91 AP 00402901 07/31/2019 HOUSE OF RUTH 5,498.05 0.00 5,498.05 AP 00402902 07/31/2019 INLAND FAIR HOUSING AND MEDIATION BOARD 5,280.42 0.00 5,280.42 AP 00402903 07/31/2019 INLAND VALLEY COUNCIL OF CHURCHES 2,925.00 0.00 2,925.00 AP 00402904 07/31/2019 LIFESTREAM 236.74 0.00 236.74 AP 00402905 07/31/2019 LOS ANGELES TIMES 499.66 0.00 499.66 AP 00402906 07/31/2019 LOZANO SMITH LLP 622.16 0.00 622.16 AP 00402907 07/31/2019 MAIN STREET SIGNS 269.38 0.00 269.38 AP 00402908 07/31/2019 MENESES, AGUSTIN L 4,350.00 0.00 4,350.00 AP 00402909 07/31/2019 MILAM, LEORA 260.00 0.00 260.00 AP 00402910 07/31/2019 OCCUPATIONAL HEALTH CTRS OF CA 588.53 0.00 588.53 AP 00402911 07/31/2019 ODLE, SUSAN 31.00 0.00 31.00 AP 00402912 07/31/2019 ONWARD ENGINEERING 12,154.00 0.00 12,154.00 AP 00402913 07/31/2019 OWENS, SCOTT 59.00 0.00 59.00 AP 00402914 07/31/2019 PALACIOS, JENNIFER 18.79 0.00 18.79 User: VLOPEZ - VERONICA LOPEZ Page: 13 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 34 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402915 07/31/2019 PRECISION AERIAL SERVICES INC 706.30 0.00 706.30 AP 00402916 07/31/2019 Q1 YUAN INC 899.22 0.00 899.22 AP 00402917 07/31/2019 R3 CONSULTING GROUP INC 7,993.75 0.00 7,993.75 AP 00402918 07/31/2019 RICHARDS WATSON AND GERSHON 20,921.08 0.00 20,921.08 AP 00402919 07/31/2019 SERRANO, JAQUELINE 76.00 0.00 76.00 AP 00402920 07/31/2019 SILVER & WRIGHT LLP 17,174.79 0.00 17,174.79 AP 00402921 07/31/2019 SMITH, MICHAEL 117.87 0.00 117.87 AP 00402923 07/31/2019 SOUTHERN CALIFORNIA EDISON 2,798.49 0.00 2,798.49 AP 00402924 07/31/2019 SOUTHERN CALIFORNIA EDISON 1,119.78 0.00 1,119.78 AP 00402925 07/31/2019 THE COUNSELING TEAM INTERNATIONAL 0.00 480.00 480.00 AP 00402926 07/31/2019 TORRANCE, CITY OF 16,005.24 0.00 16,005.24 AP 00402927 07/31/2019 TRANSWEST TRUCK CENTER 3,982.91 0.00 3,982.91 AP 00402928 07/31/2019 TURNING POINT INT'L MINISTRIES 625.00 0.00 625.00 AP 00402929 07/31/2019 VALLE, STEPHANIE N. 700.00 0.00 700.00 AP 00402934 07/31/2019 VERIZON WIRELESS - LA 5,916.69 0.00 5,916.69 AP 00402935 07/31/2019 VICTOR MEDICAL COMPANY 4,127.86 0.00 4,127.86 AP 00402936 07/31/2019 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00402937 07/31/2019 WHITE HOUSE PHOTO INC 1,050.00 0.00 1,050.00 AP 00402938 07/31/2019 ZOETIS US LLC 125.99 0.00 125.99 AP 00402939 08/07/2019 6TH & HERMOSA JP/DF LLC 15,488.00 0.00 15,488.00 AP 00402940 08/07/2019 ACTORS'EQUITYASSOCIATION 14,105.00 0.00 14,105.00 AP 00402941 08/07/2019 ALCORN, RICHARD 20.00 0.00 20.00 AP 00402942 08/07/2019 ALL WELDING 140.00 0.00 140.00 AP 00402943 08/07/2019 ALLIANCE BUS LINES INC 2,421.00 0.00 2,421.00 AP 00402944 08/07/2019 ALPHAGRAPHICS 1,009.56 0.00 1,009.56 AP 00402945 08/07/2019 ALTA VISTA MOBILE HOME PARK 397.59 0.00 397.59 AP 00402946 08/07/2019 ARCHIBALD PET HOSPITAL 50.00 0.00 50.00 AP 00402947 08/07/2019 AYANTRA INC 0.00 192.00 192.00 AP 00402948 08/07/2019 BAKER & TAYLOR LLC 69.65 0.00 69.65 AP 00402949 08/07/2019 BARIONI, GIULIO 350.00 0.00 350.00 AP 00402952 08/07/2019 C V W D 56,304.85 465.52 56,770.37 *** AP 00402953 08/07/2019 CA LLC - DBA ALTA LAGUNA MHP 500.00 0.00 500.00 AP 00402954 08/07/2019 CAL POLY POMONA FOUNDATION 3,800.00 0.00 3,800.00 AP 00402955 08/07/2019 CASA VOLANTE MOBILE HOME PARK 700.00 0.00 700.00 AP 00402956 08/07/2019 CCS ORANGE COUNTY JANITORIAL INC. 0.00 1,603.90 1,603.90 AP 00402957 08/07/2019 CHAMPION AWARDS AND SPECIALTIES 19.40 0.00 19.40 AP 00402958 08/07/2019 CHAPARRAL HEIGHTS MOBILE HOME PARK 452.98 0.00 452.98 AP 00402959 08/07/2019 CINTAS CORPORATION #150 0.00 720.60 720.60 AP 00402960 08/07/2019 CLAREMONT CHAMBER OF COMMERCE 400.00 0.00 400.00 AP 00402961 08/07/2019 CONFIRE JPA 0.00 176,393.00 176,393.00 AP 00402962 08/07/2019 CONSOLIDATED ELECTRICAL DISTR INC 129.04 0.00 129.04 AP 00402963 08/07/2019 CONVERGEONE INC. 39,571.20 0.00 39,571.20 AP 00402964 08/07/2019 CRIME SCENE STERI-CLEAN LLC 270.00 0.00 270.00 AP 00402965 08/07/2019 CSUSB DEPARTMENT OF THEATRE ARTS 535.00 0.00 535.00 AP 00402966 08/07/2019 D AND K CONCRETE COMPANY 1,957.83 0.00 1,957.83 AP 00402967 08/07/2019 D M CONTRACTING INC 67,382.55 0.00 67,382.55 AP 00402968 08/07/2019 DAART ENGINEERING COMPANY INC 91.80 0.00 91.80 User: VLOPEZ - VERONICA LOPEZ Page: 14 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 35 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402969 08/07/2019 DALTON, KING 400.00 0.00 400.00 AP 00402970 08/07/2019 DANIELS TIRE SERVICE 0.00 5,313.51 5,313.51 AP 00402971 08/07/2019 DELTA DENTAL INSURANCE COMPANY 1,252.12 0.00 1,252.12 AP 00402972 08/07/2019 DELTA DENTAL INSURANCE COMPANY 42,201.88 0.00 42,201.88 AP 00402973 08/07/2019 DIRECTV 183.24 0.00 183.24 AP 00402974 08/07/2019 DOWN SYNDROME FAMILY RESOURCE CNTR 250.00 0.00 250.00 AP 00402975 08/07/2019 EDWARD PROFESSIONAL ADVISORS 300.00 0.00 300.00 AP 00402976 08/07/2019 ENERGUY, THE 250.00 0.00 250.00 AP 00402977 08/07/2019 ESPARZA, ROGELIO 6.00 0.00 6.00 AP 00402978 08/07/2019 EXECUTIVE AUTO DETAIL 0.00 255.00 255.00 AP 00402979 08/07/2019 FACTORY MOTOR PARTS 0.00 255.67 255.67 AP 00402980 08/07/2019 FEDERAL EXPRESS CORP 25.87 0.00 25.87 AP 00402981 08/07/2019 FIRST CLASS HEATING & AIR 5,325.00 0.00 5,325.00 AP 00402982 08/07/2019 FORD OF UPLAND INC 1,587.19 0.00 1,587.19 AP 00402983 08/07/2019 FUEL SERV 0.00 3,560.00 3,560.00 AP 00402984 08/07/2019 G AND M BUSINESS INTERIORS 0.00 111.09 111.09 AP 00402985 08/07/2019 GEOGRAPHICS 598.75 0.00 598.75 AP 00402986 08/07/2019 GILKEY, JOHN A 500.00 0.00 500.00 AP 00402987 08/07/2019 GIORDANO, MARIANNA 231.00 0.00 231.00 AP 00402988 08/07/2019 GLOBALSTAR USA 174.50 0.00 174.50 AP 00402989 08/07/2019 GOGOV APPS INC 11,280.00 0.00 11,280.00 AP 00402990 08/07/2019 GONSALVES AND SON, JOE A 6,000.00 0.00 6,000.00 AP 00402991 08/07/2019 GRAINGER 1,010.86 0.00 1,010.86 AP 00402992 08/07/2019 GRAPHICS FACTORY PRINTING INC. 913.18 0.00 913.18 AP 00402993 08/07/2019 GROVES ON FOOTHILL, THE 200.00 0.00 200.00 AP 00402994 08/07/2019 HANGTIME SPORTS 2,094.00 0.00 2,094.00 AP 00402995 08/07/2019 HEARTSAVERS LLC 154.00 0.00 154.00 AP 00402996 08/07/2019 HENRY SCHEIN ANIMAL HEALTH SUPPLY 605.94 0.00 605.94 AP 00402997 08/07/2019 HILLS PET NUTRITION SALES INC 2,595.99 0.00 2,595.99 AP 00402998 08/07/2019 HOMETOWN AMERICA RAMONA VILLA 500.00 0.00 500.00 AP 00402999 08/07/2019 IATSE NATIONAL BENEFITS FUNDS 312.00 0.00 312.00 AP 00403000 08/07/2019 ILAND INTERNET SOLUTIONS 7,517.62 0.00 7,517.62 AP 00403001 08/07/2019 INLAND EMPIRE MEDIA GROUP INC 1,995.00 0.00 1,995.00 AP 00403002 08/07/2019 INSTITUTE FOR LOCAL GOVERNMENT 3,500.00 0.00 3,500.00 AP 00403003 08/07/2019 INTERVET INC 4,877.78 0.00 4,877.78 AP 00403004 08/07/2019 IRON MOUNTAIN OSDP 874.49 0.00 874.49 AP 00403005 08/07/2019 J J KELLER AND ASSOC INC 995.00 0.00 995.00 AP 00403006 08/07/2019 JOHNNY ALLEN TENNIS ACADEMY 428.40 0.00 428.40 AP 00403007 08/07/2019 KINDRED CORPORATION 1,104.44 0.00 1,104.44 AP 00403008 08/07/2019 KRONOS INC 0.00 14,400.00 14,400.00 AP 00403009 08/07/2019 KWAPINSKI, SASHA 60.00 0.00 60.00 AP 00403010 08/07/2019 LEAGUE OF CALIFORNIA CITIES 550.00 0.00 550.00 AP 00403011 08/07/2019 LEE, AMANDA 200.00 0.00 200.00 AP 00403012 08/07/2019 LIFE ASSIST INC 0.00 287.05 287.05 AP 00403013 08/07/2019 MAIN STREET SIGNS 0.00 1,610.86 1,610.86 AP 00403014 08/07/2019 MANGO LANGUAGES 10,219.00 0.00 10,219.00 AP 00403015 08/07/2019 MARK CHRISTOPHER INC 0.00 10.82 10.82 User: VLOPEZ - VERONICA LOPEZ Page: 15 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 36 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00403016 08/07/2019 MC AVOY & MARKHAM 1,621.42 0.00 1,621.42 AP 00403017 08/07/2019 MCI 133.70 0.00 133.70 AP 00403018 08/07/2019 MCMASTER CARR SUPPLY COMPANY 81.50 0.00 81.50 AP 00403019 08/07/2019 MIJAC ALARM COMPANY 0.00 2,532.00 2,532.00 AP 00403020 08/07/2019 MOE, JOHN 224.00 0.00 224.00 AP 00403021 08/07/2019 NAPA AUTO PARTS 33.37 183.24 216.61 *** AP 00403022 08/07/2019 NEWCO DISTRIBUTORS INC 526.47 0.00 526.47 AP 00403023 08/07/2019 NEXTECH SYSTEMS INC 39,379.09 0.00 39,379.09 AP 00403024 08/07/2019 ONTARIO ICE SKATING CENTER 1,142.40 0.00 1,142.40 AP 00403025 08/07/2019 ONTARIO WINNELSON CO 48.06 0.00 48.06 AP 00403026 08/07/2019 ONTARIO, CITY OF 0.00 25,000.00 25,000.00 AP 00403027 08/07/2019 OPTIMUM INC 1,500.00 0.00 1,500.00 AP 00403028 08/07/2019 ORKIN PEST CONTROL 72.42 0.00 72.42 AP 00403029 08/07/2019 PARSAC 0.00 423,759.00 423,759.00 AP 00403030 08/07/2019 PASMA 99.00 0.00 99.00 AP 00403031 08/07/2019 PERSONAL STRENGTHS PUBLISHING INC 400.00 0.00 400.00 AP 00403032 08/07/2019 PETES ROAD SERVICE INC 746.25 0.00 746.25 AP 00403033 08/07/2019 PETROVICH, VICTORIA 866.00 0.00 866.00 AP 00403034 08/07/2019 PINES MOBILE HOME PARK, THE 400.00 0.00 400.00 AP 00403035 08/07/2019 R AND R AUTOMOTIVE 2,301.43 0.00 2,301.43 AP 00403036 08/07/2019 RAULS AUTO TRIM INC 160.00 0.00 160.00 AP 00403037 08/07/2019 RDO EQUIPMENT COMPANY 262.53 0.00 262.53 AP 00403038 08/07/2019 RECYCLE AWAY LLC 259.93 0.00 259.93 AP 00403039 08/07/2019 RODAS' AUTO REPAIR 3,659.29 0.00 3,659.29 AP 00403040 08/07/2019 ROTARY CORPORATION 319.63 0.00 319.63 AP 00403041 08/07/2019 RUBENS AUTO COLLISION CENTER 499.95 0.00 499.95 AP 00403042 08/07/2019 SAN BERNARDINO CTY DEPT OF PUBLIC HEALTH 0.00 600.00 600.00 AP 00403043 08/07/2019 SHRED PROS 68.00 0.00 68.00 AP 00403044 08/07/2019 SMG/ ONTARIO CONVENTION CENTER 125.12 0.00 125.12 AP 00403045 08/07/2019 SMITH, DAVID 6.00 0.00 6.00 AP 00403047 08/07/2019 SOUTH COAST ANESTHESIA LLC 1,383.12 0.00 1,383.12 AP 00403048 08/07/2019 SOUTHERN CALIFORNIA ASSOC OF GOVERNMENTS 17,494.00 0.00 17,494.00 AP 00403050 08/07/2019 SOUTHERN CALIFORNIA EDISON 30,063.14 971.38 31,034.52 *** AP 00403051 08/07/2019 SPORTBALL 432.00 0.00 432.00 AP 00403052 08/07/2019 STEP N' WASH INC 1,724.85 0.00 1,724.85 AP 00403053 08/07/2019 STEPPIN OUT BALLROOM 372.40 0.00 372.40 AP 00403054 08/07/2019 STERLING COFFEE SERVICE 1,008.36 0.00 1,008.36 AP 00403055 08/07/2019 STOTZ EQUIPMENT 344.77 0.00 344.77 AP 00403056 08/07/2019 SUPERION LLC 7,200.00 0.00 7,200.00 AP 00403057 08/07/2019 SYCAMORE VILLA MOBILE HOME PARK 400.00 0.00 400.00 AP 00403058 08/07/2019 TROYAN, LINDA A 818.49 0.00 818.49 AP 00403059 08/07/2019 UNITED SCENIC ARTISTS PENSION & WELFARE FUNDS 234.00 0.00 234.00 AP 00403060 08/07/2019 UNITED WAY 60.00 0.00 60.00 AP 00403061 08/07/2019 UNIVERSITY 4 KIDS 2,208.00 0.00 2,208.00 AP 00403062 08/07/2019 UPS 29.00 0.00 29.00 AP 00403063 08/07/2019 VALENZUELA, ANDRES 50.00 0.00 50.00 AP 00403064 08/07/2019 VALVERDE SCHOOL OF PERFORMING ARTS 115.00 0.00 115.00 User: VLOPEZ - VERONICA LOPEZ Page: 16 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 37 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00403065 08/07/2019 VERIZON WIRELESS - LA 0.00 4,404.87 4,404.87 AP 00403066 08/07/2019 VICTOR MEDICAL COMPANY 12,827.47 0.00 12,827.47 AP 00403067 08/07/2019 VILLALOBOS, KHRYSTYNE 50.00 0.00 50.00 AP 00403068 08/07/2019 VIVINT SOLAR DEVELOPER LLC 58.00 0.00 58.00 AP 00403069 08/07/2019 WAXIE SANITARY SUPPLY 4,517.23 128.59 4,645.82 *** AP 00403070 08/07/2019 WELLS FARGO BANK N A 2,000.00 0.00 2,000.00 AP 00403071 08/07/2019 WELLS FARGO BANK N A 1,500.00 0.00 1,500.00 AP 00403072 08/07/2019 WIRZ AND COMPANY 601.25 0.00 601.25 AP 00403073 08/07/2019 YALE CHASE EQUIPMENT AND SERVICES INC 46.96 0.00 46.96 AP 00403074 08/07/2019 YORK INSURANCE SERVICES GROUP INC 0.00 21,648.75 21,648.75 AP 00403075 08/07/2019 YORK RISK SERVICES GROUP INC 14,631.00 0.00 14,631.00 AP 00403076 08/07/2019 ZARAGOZA, IMELDA 50.00 0.00 50.00 AP 00403077 08/07/2019 ZOETIS US LLC 3,575.85 0.00 3,575.85 AP 00403078 08/07/2019 ADOBE ANIMAL HOSPITAL 175.00 0.00 175.00 AP 00403079 08/07/2019 ADVANCED CHEMICAL TRANSPORT 1,408.00 0.00 1,408.00 AP 00403080 08/07/2019 BRAUN BLAISING SMITH WYNNE P.C. 265.75 0.00 265.75 AP 00403081 08/07/2019 BRIGHTVIEW LANDSCAPE SERVICES INC. 58,984.06 0.00 58,984.06 AP 00403082 08/07/2019 CAMERON -DANIEL PC 335.50 0.00 335.50 AP 00403083 08/07/2019 CITRUS MOTORS ONTARIO INC 5,669.43 0.00 5,669.43 AP 00403084 08/07/2019 CRIME SCENE STERI-CLEAN LLC 1,080.00 0.00 1,080.00 AP 00403085 08/07/2019 CUCAMONGA VALLEY WATER DISTRICT 35,603.95 0.00 35,603.95 AP 00403086 08/07/2019 D & D SERVICES INC. 451.50 0.00 451.50 AP 00403087 08/07/2019 DAKTRONICS INC 14,050.69 0.00 14,050.69 AP 00403088 08/07/2019 DEPARTMENT OF JUSTICE 2,786.00 0.00 2,786.00 AP 00403089 08/07/2019 EASTER SEALS SOUTHERN CALIFORNIA 250.00 0.00 250.00 AP 00403090 08/07/2019 EDWARD PROFESSIONAL ADVISORS 150.00 0.00 150.00 AP 00403091 08/07/2019 EIGHTH AVENUE ENTERPRISE LLC 369.71 0.00 369.71 AP 00403092 08/07/2019 ELITE CUSTOMS CONSTRUCTION 1,309.00 0.00 1,309.00 AP 00403093 08/07/2019 FACTORY MOTOR PARTS 0.00 133.30 133.30 AP 00403094 08/07/2019 FORTIN LAW GROUP 414.00 0.00 414.00 AP 00403095 08/07/2019 FREEDMAN, JACK 322.85 0.00 322.85 AP 00403096 08/07/2019 GATEWAY PET CEMETERY AND CREMATORY 560.00 0.00 560.00 AP 00403097 08/07/2019 GEOGRAPHICS 3,183.17 0.00 3,183.17 AP 00403098 08/07/2019 GRAINGER 0.00 89.03 89.03 AP 00403099 08/07/2019 HMC ARCHITECTS 0.00 239.28 239.28 AP 00403100 08/07/2019 HUMANE SOCIETY OF SAN BERNARDINO VALLEY INC. 25.00 0.00 25.00 AP 00403101 08/07/2019 IDEXX DISTRIBUTION INC 4,248.04 0.00 4,248.04 AP 00403103 08/07/2019 INLAND EMPIRE PROPERTY SERVICES INC 0.00 12,067.50 12,067.50 AP 00403104 08/07/2019 INLAND PRESORT & MAILING SERVICES 489.43 0.00 489.43 AP 00403105 08/07/2019 ITERIS INC 17,076.10 0.00 17,076.10 AP 00403106 08/07/2019 JTB SUPPLY COMPANY 9,677.20 0.00 9,677.20 AP 00403107 08/07/2019 KVAC ENVIRONMENTAL SERVICES INC 0.00 307.00 307.00 AP 00403108 08/07/2019 KVCR EDUCATIONAL FOUNDATION INC 1,500.00 0.00 1,500.00 AP 00403109 08/07/2019 LEAGUE OF CALIFORNIA CITIES 500.00 0.00 500.00 AP 00403110 08/07/2019 LEVERAGE INFORMATION SYSTEMS INC 3,992.74 0.00 3,992.74 AP 00403111 08/07/2019 LIEBERT CASSIDY WHITMORE 2,757.20 2,303.00 5,060.20 *** AP 00403112 08/07/2019 LIPOCK'S ACCOUNTING SERVICES INC 1,725.00 0.00 1,725.00 User: VLOPEZ - VERONICA LOPEZ Page: 17 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 38 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00403113 08/07/2019 LORINCZ, CHRISTINA 60.00 0.00 60.00 AP 00403114 08/07/2019 MARIPOSA LANDSCAPES INC 39,553.65 0.00 39,553.65 AP 00403115 08/07/2019 MEDIWASTE DISPOSAL 40.00 0.00 40.00 AP 00403116 08/07/2019 MIDWEST TAPE 109.96 0.00 109.96 AP 00403117 08/07/2019 MONTGOMERY HARDWARE CO 414.08 0.00 414.08 AP 00403118 08/07/2019 MUSIC THEATRE INTERNATIONAL 2,670.00 0.00 2,670.00 AP 00403119 08/07/2019 NAPA AUTO PARTS 0.00 496.32 496.32 AP 00403120 08/07/2019 NLAB CONCEPTS INC 1,600.00 0.00 1,600.00 AP 00403121 08/07/2019 ONWARD ENGINEERING 2,880.00 0.00 2,880.00 AP 00403122 08/07/2019 OPARC 352.00 0.00 352.00 AP 00403123 08/07/2019 RICHARDS WATSON AND GERSHON 3,680.98 6,791.40 10,472.38 *** AP 00403124 08/07/2019 SAN BERNARDINO CTY AUDITOR CONTROLLER 2,390.98 0.00 2,390.98 AP 00403125 08/07/2019 SC FUELS 24,831.01 0.00 24,831.01 AP 00403126 08/07/2019 SERVICE CHAMPIONS INC 298.03 0.00 298.03 AP 00403127 08/07/2019 SILVER & WRIGHT LLP 36,897.00 0.00 36,897.00 AP 00403128 08/07/2019 SOCIAL IMPACT ARTISTS - TSIA, THE 6,000.00 0.00 6,000.00 AP 00403129 08/07/2019 SOCIAL VOCATIONAL SERVICES 4,032.00 0.00 4,032.00 AP 00403130 08/07/2019 SOUTHERN CALIFORNIA EDISON 191.24 0.00 191.24 AP 00403131 08/07/2019 SPRINKGUARD LLC 4,313.80 0.00 4,313.80 AP 00403132 08/07/2019 UNITED SITE SERVICES OF CA INC 281.34 0.00 281.34 AP 00403133 08/07/2019 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00403134 08/07/2019 VICTOR MEDICAL COMPANY 1,554.71 0.00 1,554.71 AP 00403135 08/07/2019 VICTORIA ANIMAL HOSPITAL 50.00 0.00 50.00 AP 00403136 08/07/2019 VIVINT SOLAR DEVELOPER LLC 394.80 0.00 394.80 AP 00403137 08/07/2019 WAXIE SANITARY SUPPLY 1,182.32 0.00 1,182.32 Total City: $8,781,972.69 Total Fire: $1,226,806.82 Grand Total: , Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 18 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 39 DATE: August 21, 2019 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE WEEKLY CHECK REGISTERS FOR CHECKS ISSUED TO SOUTHERN CALIFORNIA GAS COMPANY IN THE AMOUNT OF $608.87 DATED JULY 17, 2019 THROUGH AUGUST 12, 2019. RECOMMENDATION: Staff recommends Fire Board approve payment of demands as presented. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 So Ca Gas - Check Register Page 40 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402493 07/17/2019 SO CALIF GAS COMPANY 0.00 75.63 75.63 AP 00402857 07/31/2019 SO CALIF GAS COMPANY 6,922.33 390.95 7,313.28 *** AP 00402922 07/31/2019 SO CALIF GAS COMPANY 801.96 0.00 801.96 AP 00403046 08/07/2019 SO CALIF GAS COMPANY 705.77 142.29 848.06 *** Total City: $8,430.06 Total Fire: $608.87 Grand Total:S9,03B-.93 Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:29:53 Page 41 DATE: August 21, 2019 TO: President and Members of the Board of Directors FROM: Lori E. Sassoon, Deputy City Manager/Administrative Services INITIATED BY: Tamara L. Layne, Finance Director Sandra G. Ramirez, Management Analyst III SUBJECT: CONSIDERATION TO RECEIVE AND FILE CURRENT INVESTMENT SCHEDULE AS OF JULY 31, 2019. RECOMMENDATION: Staff recommends that the President and Members of the Board of Directors receive and file the attached current investment schedule for the Rancho Cucamonga Fire Protection District as of July 31, 2019. = @] Kel afT1111 7 The attached investment schedule as of July 31, 2019 reflects cash and investments managed by the Finance/Treasury Management Division and is in conformity with the requirements of California Government Code Section 53601 and the Rancho Cucamonga Fire Protection District's adopted Investment Policy as approved by the President and Members of the Board of Directors on February 20, 2019. ANALYSIS: The District's Treasurer is required to submit a quarterly investment report to the President and Members of the Board of Directors in accordance with California Government Code Section 53646. The quarterly investment report is required to be submitted within 30 days following the end of the quarter covered by the report. However, the District Treasurer has elected to provide this report on a monthly basis. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 - Portfolio Management - Portfolio Summary July 31, 2019 Page 42 Page 43 - Wa0- U- lLO 29 0 d /0 a al C r coc 7 M m N CO a N C V E f0 fNO. 'OQ. O y C W N N O y 3 C C �0 fi O CL 24) 3 <:R N U � y N 0 O 0 N E U c 0 rn o ca IQ to � C w LL = W fV N O cc � O N U o "D CL N � U H 0 > L c w C 0 CONro O .0 Ip N R V N m > p O C C r rn E :c r oo � -9 a O a ayi U Q O CO fh 0 n• p 6 N 0 = t l0 ~ > n y y N O C6 CV O C� O L d C r m CL co � Q y � � E � O N O O O a N 8i L o c a w O OtA L C a co O O � � o p co o o o p m G O co v V m co V N O N O O 'L, °D o c � o0i in v M y M N V E O 0 e ci CT -2- N O r 0 C 7 p r�� ego IV U) o cNo n o2 0' a L•0 ' W O N N O A i uni t0 0 0 a, a v m v_ v C �. VI.L a co o� 04 co W 7 d' O ayD 0 0 0 N O e r o O N O O c �? 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N t C O O m v c -1 Page 48 DATE: August 21, 2019 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Eric Noreen, Deputy Fire Chief Pamela J. Nibert, Management Analyst III SUBJECT: CONSIDERATION TO ADOPT A RESOLUTION TO ADD CHINO VALLEY INDEPENDENT FIRE DISTRICT AND APPLE VALLEY FIRE PROTECTION DISTRICT AS PARTIES TO THE CONSOLIDATED FIRE AGENCIES ("CONFIRE") JOINT POWERS AGREEMENT AND RESCIND RESOLUTION NO. FD 19-002. RECOMMENDATION: Staff recommends the Fire Board approve adoption of Resolution No. FD 19-016 authorizing the second amendment to the Joint Powers Agreement of CONFIRE to admit Chino Valley Independent Fire District ("Chino Valley") and Apple Valley Fire Protection District ("Apple Valley") as parties to the CONFIRE Joint Powers Agreement and rescind Resolution No. FD 19-002. BACKGROUND: The Rancho Cucamonga Fire Protection District (RCFPD) is currently one of six local jurisdictions that have collectively formed a Joint Powers Authority (JPA) to provide regional emergency and non- emergency communication services for their fire department/district. The six member agencies of the JPA include the cities of Colton, Loma Linda, Redlands, Rialto, County of San Bernardino Fire District and the RCFPD. These member agencies comprise the policy making authority for the JPA and retain joint ownership of all JPA assets. In addition to the six member agencies, there are nine contract agencies that pay a fee for the services of the JPA commensurate with the volume of calls for service that their agency generates. Although these contract agencies enjoy the same level and type of services as the member agencies, they are not directly represented in the policy making process, nor do they have any ownership of the JPA's assets. Chino Valley and Apple Valley are currently contract agencies. However, in accordance with the bylaws of the JPA, they have requested to become formal member agencies. Approval for membership requires all current member agencies' local governing bodies individually approve a resolution amending the current JPA agreement to accept Chino Valley and Apple Valley as member agencies. Additionally, Chino Valley must agree to pay a membership fee of $412,423 and Apple Valley must agree to pay a membership fee of $406,336. The fee amounts are based on average percentage of calls for service in relation to the total number of calls for service processed by the JPA over the three previous calendar years. On May 1, 2019, the Fire Board adopted Resolution No. FD 19-002 approving the addition of the Chino Valley Independent Fire District as a member of the CONFIRE JPA. The resolution did not include an amendment to the CONFIRE JPA agreement. Resolution No. FD 19-016 proposes the addition of both Page 49 Chino Valley and Apple Valley as formal members of the CONFIRE JPA and includes a second amendment to the CONFIRE JPA agreement to reflect the changes and/or additions of the two new agencies. ANALYSIS: On May 15, 1990, the Cities of Colton, Loma Linda, Redlands, Rialto and the County of San Bernardino (formally known as the San Bernardino Consolidated Fire Agency) entered into an agreement establishing a JPA to create a regional emergency communication center for the fire departments/districts of each respective jurisdiction. The formal name adopted for the JPA is CONFIRE. The purpose of the JPA is to engage in any lawful act or activity that arises out of or relates to the operation of a public safety communication system and cooperative program of fire protection, rescue and emergency medical services system. This shared communications infrastructure and regionalized approach improves efficiency and reduces each agency's costs associated with delivering these services. The joint services include providing a secondary 9-1-1 Public Safety Answering Point (PSAP), the purchase and maintenance of a Computer Aided Dispatching (CAD) system, delivery of specialized Emergency Medical Dispatching (EMD), information technology services, and the employment and oversight of all human resources needed to maintain operations. Article III of the JPA's bylaws provides for non-member agencies to become a formal voting member after a minimum of one year as a contracting agency, and providing that all existing member agencies agree and sign an amended Joint Exercise of Powers Agreement. Membership is also contingent upon payment of a "buy -in" fee to the joint ownership of the JPA's assets. The fee amount must be determined and agreed upon by a majority of the JPA's Board of Directors. Upon becoming a member, all new members shall become subject to the same financial obligations of CONFIRE as all other members, unless otherwise specifically agreed to in the amended Joint Exercise of Powers Agreement. The final step in the formal acceptance of Chino Valley and Apple Valley as a member agency is to have the elected bodies of each current JPA member agency individually adopt a resolution approving the Chino Valley and Apple Valley request for membership. Although each jurisdiction need only have a simple majority vote to ratify their individual resolution, all jurisdictions must pass a resolution approving the action. Should one or more of the member jurisdictions fail to pass the resolution, the action would not move forward. FISCAL IMPACT: There are no increased costs to RCFPD associated with this item. Chino Valley and Apple Valley are currently contract agencies with the JPA. The contract fees that they have paid and the offsets those fees represent to RCFPD's contribution to the JPA are already factored into the 2019/20 budget. COUNCIL GOAL(S) ADDRESSED: This item supports the City Council's goal to promote public safety by working cooperatively with other governmental agencies to provide premier emergency services to our residents, visitors and businesses. ATTACHMENTS: Description Attachment 1 - Resolution No. 19-016 Attachment 2 - CONFIRE JPA Attachements Page 50 ATTACHMENT 1 RESOLUTION NO. FD 19-016 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, TO AMEND THE CONSOLIDATED FIRE AGENCIES ("CONFIRE") JOINT POWERS AGREEMENT TO ADMIT CHINO VALLEY INDEPENDENT FIRE DISTRICT AS A PARTY AND APPLE VALLEY FIRE PROTECTION DISTRICT AS A PARTY WHEREAS, the Rancho Cucamonga Fire Protection District ("RCFPD") is a public agency and California fire protection district located in the County of San Bernardino, State of California; and WHEREAS, Chino Valley Independent Fire District ("Chino Valley") is a California fire protection district duly organized and existing under Section 13800 et seq. of the Health & Safety Code; and WHEREAS, Apple Valley Fire Protection District ("Apple Valley") is a California fire protection district duly organized and existing under Section 13800 et seq. of the Health & Safety Code; and WHEREAS, CONFIRE is a joint powers authority duly organized and existing under Section 6500 et seq. of the Government Code and its Joint Powers Agreement effective August 13, 1990, amended September 3, 2013, and amended again on September 17, 2013 (collectively, the "JPA"), which is set forth in Appendix 1 ("Original Agreement') and Appendix 2 ("First Amendment') to Exhibit A; and WHEREAS, as set forth in Exhibit B hereto ("Board of Directors Chino Valley Resolution") and Exhibit C hereto ("Board of Directors Apple Valley Resolution"), the Board of Directors of CONFIRE has recommended that each current party to the JPA agree to amend the JPA to: a. admit Chino Valley as a party and a member of CONFIRE on the condition that Chino Valley pay the Required -Buy -In in the amount of Four Hundred Twelve Thousand Four Hundred Twenty -Three Dollars ($412,423.00) on or before December 31, 2019; and b. admit Apple Valley as a party and a member of CONFIRE on the condition that Apple Valley pay an initial installment of a Required Buy -In to CONFIRE in the amount of Eighty -One Thousand Two Hundred Sixty -Seven Dollars ($81,267.00) on or before December 31, 2019, and agrees to pay four (4) equal subsequent annual installments of a Required Buy -In to CONFIRE concluding on or before December 31, 2024 of Eighty -One Thousand Two Hundred Sixty -Seven Dollars ($81,267.00), for a total Required Buy -In of Four Hundred Six Thousand Three Hundred Thirty -Six Dollars ($406,336.00). NOW, THEREFORE, THE PRESIDENT OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT HEREBY RESOLVES, as follows: 1. The facts set forth in the Recitals, above are true and correct. 2. The Board of Directors of the RCFPD hereby consents to amend the JPA to admit Chino Valley and Apple Valley as a party and a member of CONFIRE on the following conditions: a. The current parties to the JPA unanimously consent to amend the JPA; and b. Chino Valley pay the Required -Buy -In in the amount of Four Hundred Twelve Thousand Four Hundred Twenty -Three Dollars ($412,423.00) on or before December 31, 2019; and c. Apple Valley pay an initial installment of a Required Buy -In to CONFIRE in the amount of Eighty - One Thousand Two Hundred Sixty -Seven Dollars ($81,267.00) on or before December 31, 2019 and agrees to pay four (4) equal subsequent annual installments of a Required Buy -In to Page 51 CONFIRE concluding on or before December 31, 2024 of Eighty -One Thousand Two Hundred Sixty -Seven Dollars ($81,267.00), for a total Required Buy -In of Four Hundred Six Thousand Three Hundred Thirty -Six Dollars ($406,336.00). 3. The Secretary of the RCFPD shall certify to the adoption of this Resolution. BE IT FURTHER RESOLVED, that the President of said Board be and hereby is authorized to sign and execute said agreement on behalf of the Rancho Cucamonga Fire Protection District. THIS RESOLUTION was passed and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District at a regular meeting held on the 21st of August 2019, by the following roll call vote: AYES: NOES: ABSENT: Signed and Approved by me after its passage. President of the Board of Directors Rancho Cucamonga Fire Protection District ATTEST: Secretary to the Board of Directors of the Rancho Cucamonga Fire Protection District Page 52 EXHIBIT A TO RESOLUTION 00119668.1 Page 53 SECOND AMENDMENT TO THE JOINT POWERS AGREEMENT OF THE CONSOLIDATED FIRE AGENCIES This Second Amendment ("Amendment") to the Joint Powers Agreement of the Consolidated Fire Agencies, a joint powers authority of the State of California ("CONFIRE"), dated this day of , 2019, is made by and between City of Redlands, City of Loma Linda, City of Colton, City of Rialto, Rancho Cucamonga Fire Protection District, San Bernardino County Fire Protection District (collectively, the "Existing Member Agencies"), the Chino Valley Independent Fire District, a fire protection district duly authorized and existing under Health & Safety Code § 13800 et seq. ("Chino Valley") and Apple Valley Fire Protection District, a fire protection district duly authorized and existing under Health & Safety Code § 13800 et seq. ("Apple Valley") (the Existing Member Agencies, Chino Valley, and Apple Valley may be collectively referred to herein as the "Parties"). WHEREAS, the Existing Member Agencies are parties to a joint powers agreement establishing CONFIRE pursuant to Section 6500 et seq. of the Government Code, as set forth in Appendix 1 ("Original JPA") and Appendix 2 ("First Amendment to JPA") (collectively, the "Existing JPA"). WHEREAS, the Existing Member Agencies, Chino Valley, and Apple Valley desire to amend the Existing JPA to: (1) admit Chino Valley as a party to and a member of CONFIRE on the condition that Chino Valley pay the Required Buy -In in the amount of Four Hundred Twelve Thousand Four Hundred Twenty -Three Dollars ($412,423.00) to CONFIRE on or before December 31, 2019; and (2) admit Apple Valley as a party and a member of CONFIRE on the condition that Apple Valley pay an initial installment of a Required Buy -In to CONFIRE in the amount of Eighty -One Thousand Two Hundred Sixty -Seven Dollars ($81,267.00) on or before December 31, 2019 and agrees to pay four (4) equal subsequent annual installments of a Required Buy -In to CONFIRE concluding on or before December 31, 2024 of Eighty - One Thousand Two Hundred Sixty -Seven Dollars ($81,267.00), for a total Required Buy - In of Four Hundred Six Thousand Three Hundred Thirty -Six Dollars ($406,336.00). NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: The Parties hereby amend the Existing JPA to add Chino Valley as a Party and Apple Valley as a Party. 2. This Amendment is effective upon a. full execution by the Parties; 00119668.1 Page 54 b. Chino Valley's payment of the Required Buy -In in the amount of Four Hundred Twelve Thousand Four Hundred Twenty -Three Dollars ($412,423.00) to CONFIRE on or before December 31, 2019; and C. Apple Valley's payment of an initial installment of a Required Buy -In to CONFIRE in the amount of Eighty -One Thousand Two Hundred Sixty -Seven Dollars ($81,267.00) on or before December 31, 2019, and agreement to pay four (4) equal subsequent annual installments of a Required Buy -In to CONFIRE concluding on or before December 31, 2024 of Eighty -One Thousand Two Hundred Sixty -Seven Dollars ($81,267.00), for a total Required Buy -In of Four Hundred Six Thousand Three Hundred Thirty -Six Dollars ($406,336.00). 3. This Amendment may be executed in counterparts. 4. All other provisions of the Existing JPA are to remain unchanged. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed and attested by their duly authorized officers as of the date written above. 00119668.1 [SIGNATURES ON PAGES 3 AND 4] 3 Page 55 ATTEST: By: [Name] [Title] Dated: ATTEST: By: [Name] [Title] Dated: ATTEST: By: [Name] [Title] Dated: ATTEST: By: [Name] [Title] Dated: 00119668.1 SIGNATURES TO SECOND AMENDMENT TO THE JOINT POWERS AGREEMENT OF THE CONSOLIDATED FIRE AGENCIES al CITY OF REDLANDS By: [Name] [Tile] CITY OF LOMA LINDA By: [Name] [Tile] CITY OF COLTON By: [Name] [Tile] CITY OF RIALTO By: [Name] [Tile] Page 56 ATTEST: By: [Name] [Title] Dated: ATTEST: By: [Name] [Title] Dated: ATTEST: By: [Name] [Title] Dated: 00119668.1 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT By: [Name] [Tile] SIGNATURES TO SECOND AMENDMENT TO THE JOINT POWERS AGREEMENT OF THE CONSOLIDATED FIRE AGENCIES (continued) 5 SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT [Name] [Tile] APPLE VALLEY FIRE PROTECTION DISTRICT [Name] [Tile] Page 57 ATTEST: By: [Name] [Title] Dated: 00119668.1 CHINO VALLEY INDEPENDENT FIRE DISTRICT [Name] [Tile] Page 58 Appendix 1 to Second Amendment to Joint Powers Agreement [Original Joint Powers Agreement] 00119668.1 Page 59 1 2 3 a 4 5 6 -7 S J 10 11 12 13 14 15 16 17 iS is 2( 2 2 2 2 F 00119668.1 JOINT POWERS AGREEMENT THIS AGREEMENT is entered into by and between the public called ,public gencies signatory hereto, hereinafter ,gencies." WITNESSETH. WHEREAS, the signatories herein have determined that -here is a need by public agencies within_the East End cities :)f San Bernardino County, California, to establish a regional fire agency to best serve the needs of all the citizens of said public agencies; and, WHEREAS, said public agencies have heretofore determined that the interests of the citizens of each of said public agencies can best be served by the coordinated use of public safety radio channels and centralized regional co;nputer aided communications system; and, WHEREAS, said public agencies recognize the mutual benefit of a centralized joint effort for the development, implementation, and subsequent operation and maintenance of such a centralized system; and, WHEREAS, .said public agencies desire to centralize and unication operations; and, provide safety comm WHEREAS, said public agencies have heretofore determined that it is desirable and necessary 4 to collectively direct the 3 management policies and operational practices of said regional fire agency; and, G WHEREAS, the cost of developing, operating and '.7 1 >_s M Page 60 00119668.1 1 maintaining said centralized systems is more cost effective _2 to such public agencies; and, 3 WHEREAS, said public agencies operate a cooperative A program of fire protection and related functions that are 5 mutually agreed upon; and, WHEREAS, Title 1, Division 7, Chapter 5 of the Government 7 Cade of the State of California authorizes public agencies to g enter.into an agreement for the joint exercise of any -power 9 common to them; and, 10 WHEREAS, these public agencies possess the power to 11 consolidate public safety communications and operational 12 programs by the execution and implementation of this 13 Agreement. 14 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE YO UAL 15 ADVANTAGES TO BE DERIVED THEREFROM, AND IN CONSIDERATION OF 1G THE MU'T'UAL COVENANTS HEREEIN CONTAINED, IT IS AGREED BY AND 17 BETWEEN THE PARTIES HERETO AS FOLLOWS: IS 1. Agency Established. Pursuant to the faint powers 1J authorization of the California Government Code, the 20 undersigned 'do hereby federate together in a cooperative 21 agency for the joint and mutual operation of a centralized 22 public 'safety communication agency and a cooperative program 23 of fire protection and related functions, to be known as the 24 Consolidated Fire Agencies of the Fast Valley, hereinafter 25 designated as °CONFIRE," which shall be a public entity 26 separate from the parties to the Agreement. 27 2 28 0 Page 61 00119668.1 I 2. By -haws. The Agency shall be subject to, and.shall 2 be governed by, those certain By -haws, a copy of which is 3 attached hereto, marked Exhibit "A" and by this reference made 4 a part of this Agreement - 5 3.. PurDOse.The purpose of this Agreement shall be as 6 set forth in Section 1, above, and Article I of the BY -Laws - The purpose shall be accomplished and carried ,out in the 3 manner set forth in the By -Laws. c9 4. Administration. CONFIRE, as 'established by this 10 Agreement and as governed by its By -Laws, shall be the 11 "Agency" to administer this Agreement, pursuant to joint 12 powers provisions of the Government Code of California. 13 S. Membership. Each public agency signatory to this 14 Agreement, and each additional public -agency which may 1•hereafter sign the Agreement, is a member of the Agency and � 16 is entitled to all. the rights and privileges and subject to 17 the obligations of membership, as provided in the By -Laws. 18 6. Withdrawal of Membership. This Agreement shall 19 remain in full force and effect as to all member agencies for 20 a minimum of two (2) years from and -after the effective date 21 hereof. Thereafter, any party to this Agreement may cease to 22 be a party hereto and may withdraw from membership_ in the 231Agency upon the adoption by its legislative body of a 24 resolution of intention to withdraw and the giving of written 25 notice thereof to the Chairman of the Board of Directors of 26 the Agency and to each of the other public agencies signatory 27 3 23 10 Page 62 00119668.1 1 to this Agreement at least one hundred eighty (180) days prior 2 to the end of the then current fiscal year. 3 7. Powers and Debts of Authorit . Agency shall have 4 the power in its own name, to make and enter into contracts, to employ agents and employees, to acquire, hold and dispose G of property, real and personal, to sue and be sued in its own 7 name, and to incur debts, liabilities or -obligations necessary 8 for the accomplishment of the purpose of this Agreement. However, the debts, liabilities, and obligations of the Agency 10 shall not constitute any debt, liability or obligation to any 11 of the individual public agencies which are signatory to this 12 Agreement. The.Agency shall not have the power of eminent_ 13 domain nor the power to levy taxes, and its power generally _ 14 shall be subject to the restrictions applicable to the Central 1� valley Fire Protection District. 1G 3. Amendment. This Agreement may not be amended, 17le.xcept written agreement of all the parties, provided, is however, that the Sy--Taws may be amended from time to time by 19 the method and means provided therein. 20 9. Duration of Agreement. This Agreement shall 21 continue in effect until terminated by unanimous consent of 92 the parties or until dissolution of the Agency in the manner 23 provided. in said By-Laws. Upon such termination, or 24 dissolution, the non-grant assets remaining, including any 25 surplus money, shall be disposed of in proportion to 26 contributions made. Grant funded assets shall be disposed of 27 4 2s 11 Page 63 00119668.1 1 in accordance with Federal and State regulations and 2 instructions. 3 10. Enforcement_ Agency is hereby given the power to 4 enforce this Agreement. if suit is necessary to enforce any 5 of the provisions hereof, including any provision of the By - 6 Laws, the defaulting member shall pay reasonable attorney fees 7 to the Agency as adjudicated and determined by the -Court. 8 11. Authorization. Upon execution of this Agreement, 9 each member shall deliver to the Agency a certified copy of 10 a governing board action, resolution- or minute order I1 authorizing and directing the execution of this Agreement. 12 12. Board of Directors. 13 A. There is established a Board of Directors for the 14 Agency which shall consist of a representative of the 15 governing body of each member agency. The governing body of 16 each member agency shall designate in writing to CONFTRE, the 17 primary and alternate members to serve on the Board of 1S Directors. At its annual meeting, the Board of Directors shall 19 select one of its members to serve as Chairperson of the Board 20 until the next annual meeting. The Chairpersonship of the 21 Board of Directors shall rotate annually in a fixed sequence 22 among the members. 23 B. The Board of Directors shall have the responsibility 24 for the appointment of auditors, approval of new members, and 95 approval of the annual budget and assessment schedule of the 26 Agency, and the exercise of those powers granted to it by the 27 5 28 12 Page 64 00119668.1 1 By -Laws. 2 C. Each public agency which is a member of the Agency 3 shall be entitled to one (1) Director on the Board and shall 4 be entitled to one (1) vote thereon. such one vote may be 5 cast only by the member agency's designated primary or 6 alternate representative in attendance. 7 13. Source of Funds. . Any contributions -of funds by S ember agencies shall be apportioned based on the number of 9 fires in each agency's jurisdiction over the immediate 10 preceding two year period. 11 14. Accountability and Audits. The Agency shall be 12 strictly accountable for all funds and shall report all 13 receipts and disbursements, as required by Government Code 14 Secticn 6505, The Treasurer of San Bernardino County shall 15 act as treasurer and depositary for the Agency pursuant to 1G Government Code Section 6505.5, and shall handle and have 17 access to Agency property, under an official bond in an anount 1S fixed by the member agencies. The Agency shall contract for 10 a certified public accountant to perform an annual audit of 20 the -accounts and records of the Agency, and a report thereof 21 shall be filed as public record with each of the contracting 22 parties and -with the Auditor of the County of San Bernardino 23 within 60 days subsequent to the end of the fiscal year under 24 examination. 25 15. Indemnification. Each party hereby agrees to 26 defend, indemnify, and hold each other party, its elected 27 6 28 13 Page 65 1 2 3 4 5 6 7 _8 s 10 11 12 13i 14 15 16 17 is 19 20 .21 .22 22 24 2° 2E 2 2f 00119668.1 officials, officers, agents, and employees free and harmless from any and all liability or claims for personal injury, death, and property damage which may arise from the indemnifying party's negligent acts or omissions under this Agreement. None of the parties shall be held responsible or liable to any other party for any loss, damage or delay caused by accidents, strikes; lockouts, fire, flood, act of civil or military authority or by insurrection or riot -or by any other cause which is beyond its control. 16. Effective Date of Agreement. This Agreement shall become effective upon its execution by the Cities of Colton, Loma Linda, Redlands, and Rialto, the Central valley Fire Protection District and the San Bernardino County consolidated Fire Agency. Within 30 days of said date, the Agency shall cause notice of this Agreement. to be filed with the Secretary of State of California, pursuant to Government Code section 6503.5. 14 7 Page 66 1 IN WITNESS WHEREOF, the undersigned public agencies have 2 sat their signature on the respective dates set forth below. 3 This document may be signed in duplicate originals. 5 ATTEST: 6 7 g Ca C erk J 10 ATTEST: 11 13 City- Clerk 7 14 15 ATTEST: 16 _ 171 . -J .� lS City Clerk 19 20 ATTEST: 21 22 23 c �y 1 -24 25 261 27 28 00119668.1 CITY OF -REDLANDS A Municipal Corporation May9r / / CITY OF LOMA LINDA A Municipal Corporation a*Yr CI ^sY OF .COLTON A Municipal: Corporation By: Ma r CITY OF RIALTO A Municipal Corporation BY: erk- a or (i. s 15 Page 67 1 2 3 4 5 6' 7 8 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 27 2E 00119668.1 Clerk off the Board a Supervisors A5 TO FGM DATE MAY- � Si ---9N Alan K. p4arks. COUNTY MNSEL SPN SEPNNRDINc' COi;INTY CALIFORNIA DEP01y 7n r Tf'SS �'F���sr�,( CR(�j�r• j . A• 'j���i II1111\\\� 16 9 SAN BERNARDINO COUNTY CONtSOOLLIDATED FIRE AGENCY By: Chairman, Board of Supervisors of San Bernardino County, as Governing Body of San Bernardino County Consolidated -Fire Agency CENTRAL VALLEY FIRE PROTECTION DISTRICT By:� Chairman, Board of Supervisors of. San Bernardino County, as Governing Body of Central Valley Fire protection District Page 68 00119668.1 EXHIBIT A BY-LAWS CONFIRE ARTICLE I PURPOSE The CONSOLIDATED FIRE AGENCIES OF THE EAST VALLEY (CONFIRE) is a co-operative association voluntarily established by its members pursuant to the Joint Exercise of Powers Act of the Government code of the State of California for the purpose of providing hardware, software, services, and other items necessary and appropriate for the establishment, operation, and maintenance of a joint centralized public safety communications system and a cooperative program of fire related functions for the mutual benefit of the members of the Agency, to provide such services on a contract basis to other governmental units, and to provide a forum for discussion, study, development and implementation of recommendations of mutual interest regarding public safety communications and related matters within member agencies. CONFIRE is sometimes hereinafter referred to as the "Agency." ARTICLE II POWERS The powers of the Agency include, but are not limited to the following: a) to enter into contracts, including the performance of services for other governmental units; b) to employ agents and employees; C) to acquire, lease, hold, and dispose of property, real and personal; d) to incur debts, liabilities or obligations; e) the purchase or lease of the equipment and machinery necessary; f) the employment of the necessary personnel and the operation and maintenance of a communications system; g) all powers necessary and incidental to carrying out the purpose set forth in ARTICLE I of these By -Laws; and h) the power to sue and be sued in its own name. 17 Page 69 00119668.1 ARTICLE III PARTICIPATION A. All governmental agencies which provide public safety services are eligible for membership of this Agency, provided the parties to the existing Agency agree and all parties sign an amended Joint Exercise of Powers Agreement. B. Membership shall be contingent upon the execution of the Joint Powers Agreement creating and establishing this Agency and the payment by each such governmental agency of a fee to be determined and agreed upon by the majority vote of Board of Directors. The Board of Directors may, by a similar vote, impose to the terms, costs, and assessment charges as specified in the Agreement or By - Laws . All fees, costs, and assessment charges shall become the revenue of the Agency. C. upon becoming a member, all new members shall become subject to the same financial obligations of CONFIRE as all other members, unless otherwise specifically agreed to in the amended Joint Exercise of Powers Agreement. ARTICLE IV BOARD OF DIRECTORS A. The Board of Directors shall function as set forth in Section 12 of the Joint Powers Agreement and as further set forth herein. B. The member agency's principal or alternative representative shall serve until a successor is appointed by the appointing powers. A vacancy shall immediately occur in the office of any officer upon the resignation or death of such person holding such office, or upon his ceasing to be an officer or employee of any member government. Upon a vacancy occurring in any office, the Board of Directors may appoint a successor to fill the vacancy until the member agency represented by the officer assigns a new member to represent the governmental agency. The rotation of officers may be advanced one year before the vacancy has been filled if the Board of Directors finds this advisable. C. The Board of Directors may establish rules governing its own conduct and procedure and have such express or implied powers which are not inconsistent with or contrary to the laws of the State of California, these By -Laws, or Agreement. D. A quorum for the transaction of all business by such Board of Directors shall consist of a majority of the representative membership. E. No one serving on the Board of Directors shall receive any salary or compensation from the Agency. 18 Page 70 00119668.1 F. The Board, on behalf of the Agency, may accept contributions or donations and may apply for and use grants or loans of money or other property from the state, or any other governmental units, or individuals, foundations or organizations and may enter into agreements required in connection therewith and may hold, use and dispose of such monies or property in accordance with the terms of the grant, donation, loan or agreement relating thereto. However, nothing in this section should be construed to require the participation or financial obligation of any member agency without the express written authorization in the form of a resolution by its legislative body and only to the extent so authorized. ARTICLE V BOARD OF DIRECTOR'S MEETINGS A. Regular public meetings, also termed General Meetings, of the Board of Directors shall be held at least twice a year at a regular date, time and place established by resolution of the Board pursuant to the provisions of section 54954 of the Government Code. A regular meeting of the Board shall be held in the month of February at which time the Board shall consider and adopt the annual budget for the Agency for the following fiscal year. The annual meeting shall be held in September at which meeting the Board shall elect officers. B. Special meetings of the Board of Directors may be called by its Chairperson or by the Administrative Committee by its own motion, or shall be called by the Administrative Committee upon written request by any one (1) of its members. Ten (10) days written notice of special meetings shall be given to the official representatives of each member Agency and an agenda specifying the subject of such special meeting shall accompany such notice. Business conducted at said meetings shall be limited to those items specified in the agenda. However, if deemed necessary, due to the urgent nature of the issue, the Chairperson or the administrative Committee, by its own motion, may call for an emerg.ency.meeting on a twenty-four (24) hour notice for the purpose of discussion a specific issue. C. The date, time and location of special, and emergency, meetings of the Board of Directors shall be determined by the Chairperson of the Board of Directors. Regular, special and emergency meetings shall be held within the County of San Bernardino. D. Notice of the regular meeting of the Board of Directors shall be given to the respective Board Member, Supervisor, Mayor, and Manager of each member Agency at least thirty (30) days prior to such meeting and an agenda for such meeting shall accompany the notice. E. To the extent not contrary to these By -Laws, Robert's Rules of Order shall govern all meetings of the Board of Directors. 19 Page 71 00119668.1 ARTICLE VI DITTIES OF AGENCY OFFICERS A. The officers of CONFIRE shall consist of a Chairperson, a Vice -Chairperson, a Secretary and a Treasurer. The Chairperson shall be a member of the Board of Directors. B. In the absence of a Chairperson, or in the event of his inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Chairperson. C. The Coordinator of Communications shall be the Secretary to the Board of Directors, but shall be a non-voting member. D. The Treasurer shall be the Financial Officer from the Consolidated Fire Agency. He shall be a non-voting member. E. The Treasurer shall have the powers and duties as set forth in Section 6505 and 6505.5 of the Government Code, any other applicable provisions of State law, the Agreement, these By -Laws, or as may be established by the Board of Directors. The Treasurer shall serve the Agency without charge to the Agency, except for the administrative services charges to the Consolidated Fire Agency. There shall be strict accountability of all funds of the Agency and a report of all receipts and disbursements as required by Section 6505 of the Government Code. F. The Treasurer shall give a bond in the amount of $25,000 for the faithful discharge of his duties, with such surety or sureties as the Board of Directors shall determine. The Treasurer shall: (a) Have charge and custody of and be responsible for all funds, securities and assets of the Agency; receive and give receipts for monies due and payable to the Agency from any source whatsoever, and deposit all such monies in a separate fund in the name of the Agency with the County Auditor/Controller; (b) in general, perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him by the Board of Directors. G. The Secretary shall; (a) keep the minutes of the Agency meetings in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with provisions of these By -Laws or as required by law; (c) be custodian of the records of the Agency; (d) in general, perform all duties as, from time to time, may be assigned to him/her by the Board of Directors. 20 Page 72 00119668.1 ARTICLE VII ADMINISTRATIVE COMMITTEE A. There is hereby established an Administrative Committee of the Agency, which shall be organized and be responsible for functions hereinafter set forth. B. Each public agency that is a signatory member to the Joint Powers Agreement, or an amended Joint Powers Agreement, shall be entitle to one (1) seat on the Administrative Committee for each Chief Officer or Executive of the public agency's departments which share in the CONFIRE System, and shall be entitled to one (1) vote per Chief Officer or executive thereon. Such vote may be cast only by the official representative to the Committee in physical attendance, or by the designated alternate, if such official representative is absent. No proxy votes or absentee voting will be permitted. C. Only the Chief Officer or Executive or designated alternate may represent a participating agency on the Administrative Committee. The Chief Officer or Executive of each member government agency will designate, in writing, to CONFIRE'an alternate who may serve on the Administrative Committee in the absence of such Chief Officer or Executive. D. The Coordinator of Communications shall be the Secretary to the Administrative Committee, as a non-voting member. E. The operations of the Agency shall be conducted under the direction and supervision of the Administrative Committee. Except as specifically excepted herein, no contract or other obligation of this Agency shall be binding unless approved or ratified by the Administrative Committee. F. The Committee may establish rules for its own procedures and have such express or implied authority as is not inconsistent with or contrary to the laws of California, these By -Laws, or the Joint Exercise of Powers Act of the Government Code of the State of California. A quorum for the transaction of all business by the administrative Committee shall consist of a majority of the official representatives or designated alternates of the member governmental agencies. G. Regular meetings of the Administrative Committee shall be held as required but not less than quarterly each year. Special meetings of the Administrative Committee may be called by its Chairperson, or by a member of the Administrative Committee. The time, date and location of regular meetings of the Administrative Committee shall be determined by the Administrative Committee. The Secretary shall cause to be delivered to each member agency at lease five (5) calendar days prior to the meeting, an agenda and written notice calling a meeting of the Administrative Committee. Meetings of the Administrative Committee must comply with the Brown Act. 21 Page 73 00119668.1 H. The Administrative Committee Chairperson shall be the principal executive officer of the Agency and shall be authorized to execute documents and instruments on behalf of the Agency and in general shall perform all duties incident to the office of Chairperson and such other duties as may be prescribed by the Board of Directors. They shall serve a one (1) year term as Chairperson and shall be elected to that position annually by the members of the Administrative Committee. I. The Administrative Committee shall have the authority to contract with other governmental bodies for use of CONFIRE facilities, equipment, and programs and to establish appropriate charges therefore. J. The Administrative Committee shall have the following duties: 1) Within the limits fixed by an approved budget, the Administrative Committee shall conduct the operation of the Agency. 2) Direct the preparation of the proposed annual budget. Following approval thereof by the administrative Committee, the proposed budget shall be submitted to the Board of Directors. After adoption of the annual budget by the Board of Directors, the Administrative Committee shall control all expenditures in accordance with such budget. 3) The Administrative Committee shall have the power to expend funds in accordance with the adopted budget. 4) At each regular meeting of the Board of Directors, the Administrative Committee shall report budget and financial transactions since the previous regular meeting. K. The Administrative Committee shall present a full report of its activities at each regular meeting of the Board of Directors. L. The Administrative Committee shall, as provided by the approved budget, have the authority to hire, fix the salary of, and remove the Coordinator of Communications. ARTICLE VIII TECHNICAL COMMITTEE A. There is hereby established a Technical Committee which shall be organized and be, responsible for functions as hereinafter set forth. 22 Page 74 00119668.1 B. Each public agency that is a member of this Agency shall be entitled to one (1) seat on the Technical Committee for each public -safety department which shares in the use of the CONFIRE System, and shall be entitled to one (1) vote per member thereon. Such vote may be cast only by the official representative to the Technical Committee in physical attendance, or by the designated alternate if such official representative is absent. C. The Chief Officer or Executive of each member agency shall appoint a representative and alternate representative to the Technical Committee. D. The Coordinator of Communications shall chair the Technical Committee and report all significant decisions to the Administrative Committee for concurrence. E. The Technical Committee may establish rules for its own procedures. There shall be regularly scheduled meetings held to consider all matters dealing with liaison between the Agency and department personnel, operation of the Agency, and future planning. F. The daily operation of the Agency shall be conducted under the direction and supervision of the Coordinator of Communications; however, they shall call emergency meetings of the Technical Committee should the need arise to meet operational requirements. G. The Technical Committee shall provide to the Administrative Committee recommended solutions to operational problems. H. Members of the Technical Committee, except for the Coordinator of Communications, shall serve without compensation for their services to the Agency. ARTICLE IX COORDINATOR OF COMMUNICATIONS A. The Coordinator of Communications shall perform such duties as shall be delegated by the Administrative Committee. B. The Coordinator of Communications shall attend all Administrative Committee meetings and give advice on technical matters. C. The Coordinator of Communications shall be the Chairperson of the Technical Committee. He shall provide to the Administrative Committee recommendations from the Technical Committee on operations and problems associated with the daily operation and maintenance of the Agency. D. The Coordinator of Communications shall review jointly with the Administrative Committee all bid specifications for the purchase of all communications equipment prior to issuance and equipment modifications by member agencies. 23 Page 75 00119668.1 ARTICLE X FINANCES A. The fiscal year of the Agency shall end on June 30. B. The Agency budget for the following fiscal year shall be submitted by the Coordinator of Communications to the Administrative Committee on or before January 1.5 of each year. The Administrative Committee shall adopt a tentative budget on or before February 1 of each year and forwarded the same to the Board of Directors for review. The Board of Directors shall adopt the annual budget for the Agency not later than March 1 of each year; copies shall be mailed immediately to the Chief Administrative Officer of each participating governmental agency. C. The annual budget shall include the necessary funds with which the Agency shall obtain and maintain worker's compensation and liability insurance to fully protect the Agency and each of the member agencies. Said insurance shall be obtained and maintained in force at all times during the effective term of this Agreement. D. The Consolidated Fire Agency shall provide administrative and support services functions to the Agency consisting of personnel administration, facility site usage, purchasing, payroll and related functions. E. Reimbursement to the Consolidated Fire Agency for services in Paragraph D of this Article shall be based upon a cost percentage rate to be determined for the following fiscal year budget. The cost percentage rate shall be given to the Coordinator of Communications in writing from the Consolidated Fire Agency no later than the first day of December preceding the forthcoming fiscal year budget. It is stipulated that the percentage rate charged by the Consolidated Fire Agency shall not be applied to the following expense items of any approved fiscal year budget appropriation: 1) The expense of the applied percentage rate. 2) Capital Outlay or improvement items. 3) Contract Maintenance items to include telephone expense items. F. The Administrative Committee shall recommend to the Board of Directors cost-sharing charges for all participants in the Agency in an amount sufficient to provide the funds required by the budgets. The Board of Directors shall fix membership assessments and shall advise the Chief Administrative Officer of each participating agency thereof on or before April 1 of each year. Any participating agency whose charges have not been paid within sixty (60) days after billing shall pay interest on unpaid balance, not to exceed one percent (1%) per month. The Agency shall have the power to commence an action in its own name against any member agency in default to recover the amount of the obligation due to the Agency hereunder. 24 Page 76 00119668.1 G. The amount of each participant's charges shall be determined in accordance with Paragraph H below. H. The activities of the Agency shall be financed by a cost- sharing formula which shall require a proration among the participating agencies based on the demand percentage on the system by the agencies to be determined by the Administrative Committee and approved by the Board of Directors. Expenditures made and indebtedness incurred by the Agency relating to special equipment and services shall be paid entirely by such member agency. Facility and rental and/or space utilization shall be a separate item approved in the Agency's annual budget. I. The CONFIRE System, as a computer-aided system, encompasses the computer-aided dispatch system (CAD), management information system (MIS), and the records management system (RMS). The RMS of the CONFIRE System will be located at the County Office of Management Services. RMS functional management shall be under the Coordinator of Communications, or his designated representative. The overall administration of the RMS shall be under the Coordinator of Communications' duties consistent with these By - Laws. Reimbursable costs to the Consolidated Fire Agency shall be determined by the Board of Directors in accordance with the Joint Powers Agreement and By -Laws. ARTICLE XI AGENCY EMPLOYEES A. Agency employees are under the authority of the Agency. As such the Agency retains the authority to approve all benefits and privileges that may accrue to Agency employees. However, Agency employees shall be entitled to all benefits and privileges secured by Special Districts employees as provided by the Personnel Rules and Regulations of the Office of Special Districts, but subject to the approval of, and the organizational lines of authority contained within the Agency as structured by the Joint Powers Agreement and By -Laws. B. The duties of, and the organizational authority over the Coordinator of Communications are stipulated in previous articles within these By -Laws. The Coordinator of Communications is also authorized to establish a non -management line of supervision to assist him in the day-to-day communications center operations which include delegation of certain personnel management procedures and supervision. Therefore, non -management personnel shall follow the organizational lines of authority as defined by the Coordinator of Communications and set forth within these By -Laws. 25 Page 77 00119668.1 C. Benefits and privileges of Agency employees shall be associated with the following representation units for the employees of the Office of Special Districts: 1) Coordinator of Communications. A Consolidated Fire Agency recognized Management employee. No representation. 2) Administrative Technician and all Communications employees. The same as the Special Distracts recognized non -safety group. D. Paragraph C above does not obligate the agency to recognize the representation units associated with the Office of Special Districts for any separate meet and confer matters. However, should employees exercise their rights to secure separate representation units under Employer/Employee Organizations guidelines as set forth in the Government Code of the State of California, Section 3500 et seq, and such representation units are officially recognized by the Agency, then Paragraph C et al., of this Article shall defer to that agreement between the employees and the Agency. E. The Office of Special Districts Personnel Office shall immediately provide the Coordinator of communications with all ratified Memoranda of Understanding (MOU) as affects employees, benefits and privileges. Upon receipt of such MOU(s) the Coordinator of Communications will request a special joint meeting of the Administrative Committee and Board of Directors for determination. ARTICLE XII AUDIT The Board of Directors shall request that the Treasurer initiate an annual audit of the financial affairs of the Agency, to be made by an independent Certified public Accountant at the end of each fiscal year in accordance with generally accepted auditing principles and as provided in the Agreement. The annual report shall be delivered to each member agency not later than 60 days subsequent to the end of each fiscal year. ARTICLE XIII LIABILITY AND PROPERTY A. Except as otherwise provided by individual contracts, the debts, liabilities, and obligations of the Agency shall not be the debts, liabilities, and obligations of the parties to the Agreement. B. All property, with the exception of funds, acquired by the Agency shall be parties to the Joint Powers Agreement, otherwise determined in writing by all of 26 assets funded by grant owned in common by the in equal shares, unless the parties hereto. The Page 78 00119668.1 Treasurer shall cause an inventory and asset account to be kept current at all times, showing the assets of the Agency. Grant funded equipment or services shall remain the property of the Grantee applicant. C. Any contributions of equipment by any of the member governmental agencies will be assigned a value by the Administrative Committee and such value will be credited to the account of that member and be a part of and included within any distribution formula in the event of withdrawal, termination or dissolution as provided herein. D. Each member shall have a vested interest in all capital acquisitions by the Agency in the same ratio as they are obligated to share in the cost-sharing proration. Capital acquisitions from grant funds are excluded. ARTICLE XIV WITHDRAWAL TERMINATION AND DISSOLUTION A. A member may withdraw from this Agency in the manner prescribed by the Agreement; provided, however, that Agency assets directly attributable to the accumulated capital contribution of the withdrawing party shall remain with the system for use by CONFIRE without compensation to the withdrawing party, until the termination of this Agreement and the distribution of assets to all parties in winding up. B. If this Agreement is terminated, assigned or transferred in whole or in part, all property and equipment owned by CONFIRE shall be distributed to the parties; distribution to each party shall be made in the same proportion as that reflected in the members' accumulated capital contribution account as shown in the Treasurer's books of account. Cash may be accepted in lieu of property or equipment. Grant assets remain the property of the Grantee. C. If the parties to the Agreement herein cannot agree as to the valuation and distribution of the property, the valuation and distribution shall be determined by a panel of arbitrators, one being appointed by each agency and one additional arbitrator shall be appointed by a majority of the agencies. All matters relating to valuation and distribution of assets as determined by this panel of arbitrators shall be final and conclusive as to this Agency. D. This Agreement shall not terminate until all property has been distributed in accordance with these provisions; and the winding up and property distribution hereunder shall be affected in the manner calculated to cause the least disruption of existing public safety communications systems. 2% Page 79 00119668.1 E. On withdrawal of members so as to reduce the number of continuing participants to less than the original number of participating numbers, or upon the action of a majority of participating members to dissolve, then this Agreement and such Agency shall be terminated and dissolved. Upon such termination and dissolution (and after payment of all debts), all individual files and documents and documentation shall be distributed to their owners without charge or offset. The remaining assets or liabilities, excluding grant funded assets, of the Agency shall be distributed among the members who had participated in this Agency as set forth above. F. If the withdrawal of a member causes the remaining members to terminate the Joint Rowers Agreement, then the withdrawing member shall participate in the termination of this Agreement as set forth above. ARTICLE XV CONTRACTS, LOANS, CHECKS AND DEPOSITS A. The Board of Directors may authorize any officer or officers, agency or agents, to enter into any contract or to execute and deliver any instrument in the name of and on behalf of the Agency, and such authority may be general or confined to specific instances. B. No loans shall be contracted on behalf of the Agency and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances. C. All checks, drafts or other orders for the payment of monies, notes or other evidences of indebtedness issued in the name of the Agency shall be signed by such officer or officers, agent or agents, of the Agency and in such manner as shall from time to time be determined by the Board of Directors. D. All funds of the Agency not otherwise encumbered shall be deposited from time to time to the credit of the Agency in such banks, trust companies or other depositories by the Treasurer with the consent of the Board of Directors. ARTICLE XVI AMENDMENT A. Amendment to these By -Laws may be proposed by any member of the Board of Directors or by the Administrative Committee. The amendment shall be submitted to the Board of Directors. B. Unanimous approval by the Board of Directors shall be required to adopt any amendment to these By -Laws. Wo. Page 80 00119668.1 ARTICLE XVII EFFECTIVE DATE These By -Laws shall go into effect immediately upon the execution of the Agreement by all of the original participants in the Agency. 29 Page 81 00119668.1 Appendix 2 To Second Amended Joint Powers Agreement kro Page 82 00119668.1 [First Amendment to Joint Powers Agreement] 31 Page 83 00119668.1 AMENDMENT TO THE JOINT POWERS AGREEMENT OF THE CONFIRE JPA APPROVING A NAME CHANGE TO THE CONSOLIDATED FIRE AGENCIES AND THE ADDITION OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AS A MEMBER AGENCY This AMENDMENT to the Joint Powers Agreement of the CONFIRE JPA dated this rd day of-S"temb-1r2013, is made by and between the member agencies that comprise the Consolidated Fire Agencies ("CONFIRE"), a joint powers authority of the State of California, and the Rancho Cucamonga Fire Protection District. WHEREAS, the cities of Redlands, Loma Linda, Colton, Rialto and the San Bernardino County Fire Protection District (formerly known as the San Bernardino County Consolidated Fire Agency) entered into a Joint Powers Agreement on May 15, 1990, and through subsequent programs to form the Consolidated Fire Agencies, also known as CONFIRE; and WHEREAS, the Rancho Cucamonga Fire Protection District has approached CONFIRE to express its interest in becoming a voting member; and WHEREAS. Section 5 of the Joint Powers Agreement of CONFIRE ("Agreement") provides that each additional public agency which may hereinafter sign the Agreement is a member of the Agency and is entitled to all the rights and privileges and subject to the obligations of membership, as provided in the Bylaws; and WHEREAS, Article 3 of the Bylaws states that all governmental agencies which provide public safety services are eligible for membership in CONFIRE, provided in part that all members of CONFIRE sign an amendment to the Joint Exercise of Powers Agreement; WHEREAS, Article 3 further states that membership shall be contingent upon execution of the Amendment, and the payment of such new member contribution or buy -in; and WHEREAS, pursuant to Government Code section 6500 et seq., the parties to the Agreement desire to amend the JPA to add the Rancho Cucamonga Fire Protect District as a full voting member of the CONFIRE; and WHEREAS, to that end, each of the member agencies adopted the Amendment to add the Rancho Cucamonga Fire Protection District to the Agreement; and WHEREAS, the membership fee for Rancho Cucamonga Fire Protection District has been determined to be FOUR HUNDRED TWENTY THOUSAND DOLLARS SIX HUNDRED THIRTEEN DOLLARS ($420,613.00); WHEREAS, these changes and terms are hereby accepted as demonstrated by the execution of the written Amendment to the Agreement agreeing to the new terms as set forth therein. 32 Page 84 00119668.1 NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. The Rancho Cucamonga Fire Protection District has agreed to the terms and conditions of this Amendment. The Rancho Cucamonga Fire Protection District, as a member of CONFIRE, further agrees to abide by any applicable CONFIRE bylaws. The Rancho Cucamonga Fire Protection District will sign an addendum becoming a signatory to the CONFIRE Joint Powers Agreement. 2. Upon execution of this Amendment and Addendum, the Rancho Cucamonga Fire Protection District will become a member of the CONFIRE JPA. 3. Approve the Amendment of the CONFIRE Joint Powers Agreement attached hereto and by this reference incorporated herein as Exhibit "A," adding the Rancho Cucamonga Fire Protection District as a member agency of CONFIRE upon its execution of an addendum becoming a signatory to the Agreement. 4. Approve the name change from Consolidated Fire Agencies of the East Valley to simply the Consolidated Fire Agencies. 5. Approve the membership fee for the Rancho Cucamonga Fire Protection District in the amount of FOUR HUNDRED TWENTY THOUSAND DOLLARS SIX HUNDRED THIRTEEN DOLLARS ($420,613.00). 6. That the Chairperson of the Board of Directors of CONFIRE is hereby authorized to execute the proposed addendum to the JPA on behalf of CONFIRE. 7. This Amendment may be executed in counterparts. 8. All other provisions of the Agreement are to remain unchanged. 9. This Amendment is to be effective upon execution by all parties that are currently signatories to the Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to the CONFIRE Joint Powers Agreement to be executed and attested by their officers thereto duly authorized as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGES] 33 Page 85 SIGNATURE PAGE TO THE AMENDMENT TO THE CONFIRE JOINT POWERS AGREEMENT ATTEST: By: .-4& Sam win City Clerk Dated: q1- bj ATTEST: By: Pamela Byrnes- '/Camb City Clerk Dated:'--/% -� ATTEST: By: Eileen Gomez City Clerk Dated: ATTEST: By: Barbara McGee City Clerk Dated: f %.� 1/13 00119668.1 CITY OF REDLANDS By: Pete Aguilar Mayor CITY OF LOMA LINDA By: (Z a -t- Rhodes Rigsby Mayor CITY OF COLTON .�_ i� Sar4 Zamora Mayor By:/,� C t Deborah Robe& Mayor 34 Page 86 ATTEST: By: 00119668.1 SIGNATURE PAGE TO THE AMENDMENT TO THE JOINT POWERS AGREEMENT Laura H. Welch Secretary of the Board of Directors SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT By: d� Janice ffitherford Chairp son of the Board of Directors Dated: JUL C 9 7011, 35 SIGNED AND CERTIFIED THAT A COERE F THIS DOC EN TO THE CHAI �L®�� LAURA H. coG Secretary By Page 87 00119668.1 [Addendum to the Joint Powers Agreement] we ADDENDUM TO THE JOINT POWERS AGREEMENT OF CONFIRE ADDING THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AS A MEMBER AGENCY This ADDENDUM to the JOINT POWERS AGREEMENT dated this qday of42L_, 2013, is made by and between the Consolidated Fire Agencies ("CONFJRE"), a joint powers authority of the State of California, and the Rancho Cucamonga Fire Protection District. WHEREAS, Section 5 of the Joint Powers Agreement of CONFIRE ("Agreement"), provides that each additional public agency that becomes a signatory to the Agreement shall become a member who is entitled to all the rights and privileges and subject to the obligations of membership, as provided in the joint powers agreement and the bylaws; and WHEREAS, Section 8 of the Agreement provides that this Agreement may only be amended by written agreement of all the parties; and WHEREAS, the Rancho Cucamonga Fire Protection District desires to become a member of CONFIRE; and WHEREAS, all the member cities and districts of the CONFIRE JPA have unanimously approved by resolution adding the Rancho Cucamonga Fire Protection District as its newest member; and WHEREAS, TO THAT END, the Board of Directors of the Rancho Cucamonga Fire Protection District has agreed to the District becoming a signatory to the Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. The Rancho Cucamonga Fire Protection District agrees to the terms and conditions of the Agreement incorporated herein by reference as Exhibit "A" and any amendments thereto. 2. The Rancho Cucamonga Fire Protection District further agrees to abide by the CONFIRE bylaws incorporated herein by reference as Exhibit "B" and any amendments thereto. 3. Upon execution of this Addendum to the Agreement, the Rancho Cucamonga Fire Protection District will become a member of the CONFIRE, and will add itself as a signatory to the Agreement by executing Exhibit "C". 4. This Addendum shall become effective upon the execution of the signatory page. [SIGNATURES ON FOLLOWING PAGE] 99999.9135M81 64272-1 00119668.1 37 Page 89 ADDENDUM TO THE JOINT POWERS AGREEMENT OF CONFIRE ADDING THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AS A MEMBER AGENCY CONFIRE, a California joint powers authority BY: Dr. Rhodes Rigsby Chairperson ATTEST �f BY: + ` " 7� Rick Britt Secretary of CONFIRE 99999.9135418 164272.1 00119668.1 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT BY: PresA,41B f Directors! ATTEST:.' / BY: Secretary ai Page 90 99999.91354\8164272.1 00119668.1 Exhibit "A" Joint Powers Agreement [Attached Behind This Page] M Page 91 1 2 3 a 4 5 G -7 S 9 10 11 12 13 14 15 16 17 iS is 2( 2 2 2 2 F 00119668.1 JOINT POWERS AGREEMENT THIS AGREEMENT is entered into by and between the public called ,public gencies signatory hereto, hereinafter ,gencies." WITNESSETH. WHEREAS, the signatories herein have determined that -here is a need by public agencies within_the East End cities :)f San Bernardino County, California, to establish a regional fire agency to best serve the needs of all the citizens of said public agencies; and, WHEREAS, said public agencies have heretofore determined that the interests of the citizens of each of said public agencies can best be served by the coordinated use of public safety radio channels and centralized regional co;nputer aided communications system; and, WHEREAS, said public agencies recognize the mutual benefit of a centralized joint effort for the development, implementation, and subsequent operation and maintenance of such a centralized system; and, WHEREAS, .said public agencies desire to centralize and unication operations; and, provide safety comm WHEREAS, said public agencies have heretofore determined that it is desirable and necessary 4 to collectively direct the 3 management policies and operational practices of said regional fire agency; and, G WHEREAS, the cost of developing, operating and '.7 1 >_s M Page 92 00119668.1 1 maintaining said centralized systems is more cost effective _2 to such public agencies; and, 3 WHEREAS, said public agencies operate a cooperative A program of fire protection and related functions that are 5 mutually agreed upon; and, WHEREAS, Title 1, Division 7, Chapter 5 of the Government 7 Cade of the State of California authorizes public agencies to g enter.into an agreement for the joint exercise of any -power 9 common to them; and, 10 WHEREAS, these public agencies possess the power to 11 consolidate public safety communications and operational 12 programs by the execution and implementation of this 13 Agreement. 14 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE YO UAL 15 ADVANTAGES TO BE DERIVED THEREFROM, AND IN CONSIDERATION OF 1G THE MU'T'UAL COVENANTS HEREEIN CONTAINED, IT IS AGREED BY AND 17 BETWEEN THE PARTIES HERETO AS FOLLOWS: IS 1. Agency Established. Pursuant to the faint powers 1J authorization of the California Government Code, the 20 undersigned 'do hereby federate together in a cooperative 21 agency for the joint and mutual operation of a centralized 22 public 'safety communication agency and a cooperative program 23 of fire protection and related functions, to be known as the 24 Consolidated Fire Agencies of the Fast Valley, hereinafter 25 designated as °CONFIRE," which shall be a public entity 26 separate from the parties to the Agreement. 27 2 28 41 Page 93 00119668.1 I 2. By -haws. The Agency shall be subject to, and.shall 2 be governed by, those certain By -haws, a copy of which is 3 attached hereto, marked Exhibit "A" and by this reference made 4 a part of this Agreement - 5 3.. PurDOse.The purpose of this Agreement shall be as G set forth in Section 1, above, and Article I of the BY -Laws - The purpose shall be accomplished and carried ,out in the 3 manner set forth in the By -Laws. 9 4. Administration. CONFIRE, as 'established by this 10 Agreement and as governed by its By -Laws, shall be the 11 "Agency" to administer this Agreement, pursuant to joint 12 powers provisions of the Government Code of California. 13 S. Membership. Each public agency signatory to this 14 Agreement, and each additional public -agency which may 1•hereafter sign the Agreement, is a member of the Agency and � 1G is entitled to all. the rights and privileges and subject to 17 the obligations of membership, as provided in the By -Laws. 18 6. Withdrawal of Membership. This Agreement shall 19 remain in full force and effect as to all member agencies for 20 a minimum of two (2) years from and -after the effective date 21 hereof. Thereafter, any party to this Agreement may cease to 22 be a party hereto and may withdraw from membership_ in the 231Agency upon the adoption by its legislative body of a 24 resolution of intention to withdraw and the giving of written 25 notice thereof to the Chairman of the Board of Directors of 26 the Agency and to each of the other public agencies signatory 27 3 23 42 Page 94 00119668.1 1 to this Agreement at least one hundred eighty (180) days prior 2 to the end of the then current fiscal year. 3 7. Powers and Debts of Authorit . Agency shall have 4 the power in its own name, to make and enter into contracts, to employ agents and employees, to acquire, hold and dispose G of property, real and personal, to sue and be sued in its own 7 name, and to incur debts, liabilities or -obligations necessary 8 for the accomplishment of the purpose of this Agreement. However, the debts, liabilities, and obligations of the Agency 10 shall not constitute any debt, liability or obligation to any 11 of the individual public agencies which are signatory to this 12 Agreement. The.Agency shall not have the power of eminent_ 13 domain nor the power to levy taxes, and its power generally _ 14 shall be subject to the restrictions applicable to the Central 1� valley Fire Protection District. 1G 3. Amendment. This Agreement may not be amended, 17le.xcept written agreement of all the parties, provided, is however, that the Sy--Taws may be amended from time to time by 19 the method and means provided therein. 20 9. Duration of Agreement. This Agreement shall 21 continue in effect until terminated by unanimous consent of 92 the parties or until dissolution of the Agency in the manner 23 provided. in said By-Laws. Upon such termination, or 24 dissolution, the non-grant assets remaining, including any 25 surplus money, shall be disposed of in proportion to 26 contributions made. Grant funded assets shall be disposed of 27 4 2s 43 Page 95 1 in accordance with Federal and State regulations and 2 instructions. 3 10. Enforcement_ Agency is hereby given the power to 4 enforce this Agreement. if suit is necessary to enforce any 5 of the provisions hereof, including any provision of the By - 6 Laws, the defaulting member shall pay reasonable attorney fees 7 to the Agency as adjudicated and determined by the -Court. 8 11. Authorization. Upon execution of this Agreement, 9 each member shall deliver to the Agency a certified copy of 10 a governing board action, resolution- or minute order I1 authorizing and directing the execution of this Agreement. 12 12. Board of Directors. 13 A. There is established a Board of Directors for the 14 Agency which shall consist of a representative of the 15 governing body of each member agency. The governing body of 16 each member agency shall designate in writing to CONFTRE, the 17 primary and alternate members to serve on the Board of 1S Directors. At its annual meeting, the Board of Directors shall 19 select one of its members to serve as Chairperson of the Board 20 until the next annual meeting. The Chairpersonship of the 21 Board of Directors shall rotate annually in a fixed sequence 22 among the members. 23 B. The Board of Directors shall have the responsibility 24 for the appointment of auditors, approval of new members, and 95 approval of the annual budget and assessment schedule of the 26 Agency, and the exercise of those powers granted to it by the 27 5 28 00119668.1 Page 96 00119668.1 1 By -Laws. 2 C. Each public agency which is a member of the Agency 3 shall be entitled to one (1) Director on the Board and shall 4 be entitled to one (1) vote thereon. such one vote may be 5 cast only by the member agency's designated primary or G alternate representative in attendance. 7 13. Source of Funds. . Any contributions -of funds by S ember agencies shall be apportioned based on the number of 9 fires in each agency's jurisdiction over the immediate 10 preceding two year period. 11 14. Accountability and Audits. The Agency shall be 12 strictly accountable for all funds and shall report all 13 receipts and disbursements, as required by Government Code 14 Secticn 6505, The Treasurer of San Bernardino County shall 15 act as treasurer and depositary for the Agency pursuant to 1G Government Code Section 6505.5, and shall handle and have 17 access to Agency property, under an official bond in an anount 1S fixed by the member agencies. The Agency shall contract for 10 a certified public accountant to perform an annual audit of 20 the -accounts and records of the Agency, and a report thereof 21 shall be filed as public record with each of the contracting 22 parties and -with the Auditor of the County of San Bernardino 23 within 60 days subsequent to the end of the fiscal year under 24 examination. 25 15. Indemnification. Each party hereby agrees to 26 defend, indemnify, and hold each other party, its elected 27 6 28 45 Page 97 1 2 3 4 5 6 7 _8 s 10 11 12 13i 14 15 16 17 18 19 20 .21 .22 22 24 2° 2E 2 2f 00119668.1 officials, officers, agents, and employees free and harmless from any and all liability or claims for personal injury, death, and property damage which may arise from the indemnifying party's negligent acts or omissions under this Agreement. None of the parties shall be held responsible or liable to any other party for any loss, damage or delay caused by accidents, strikes; lockouts, fire, flood, act of civil or military authority or by insurrection or riot -or by any other cause which is beyond its control. 16. Effective Date of Agreement. This Agreement shall become effective upon its execution by the Cities of Colton, Loma Linda, Redlands, and Rialto, the Central valley Fire Protection District and the San Bernardino County consolidated Fire Agency. Within 30 days of said date, the Agency shall cause notice of this Agreement. to be filed with the Secretary of State of California, pursuant to Government Code section 6503.5. M 7 Page 98 1 IN WITNESS WHEREOF, the undersigned public agencies have 2 sat their signature on the respective dates set forth below. 3 This document may be signed in duplicate originals. 5 ATTEST: 6 7 g Ca C erk J 10 ATTEST: 11 13 City- Clerk 7 14 15 ATTEST: 16 _ 171 . -J .� lS City Clerk 19 20 ATTEST: 21 22 23 c �y 1 -24 25 261 27 28 00119668.1 CITY OF -REDLANDS A Municipal Corporation May9r / / CITY OF LOMA LINDA A Municipal Corporation a*Yr CI ^sY OF .COLTON A Municipal: Corporation By: Ma r CITY OF RIALTO A Municipal Corporation BY: erk- a or (i. s :W Page 99 1 2 3 4 5 6' 7 8 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 27 2E 00119668.1 Clerk off the Board a Supervisors A5 TO FGM DATE MAY- � Si ---9N Alan K. p4arks. COUNTY MNSEL SPN SEPNNRDINc' COi;INTY CALIFORNIA DEP01y 7n r Tf'SS �'F���sr�,( CR(�j�r• j . A• 'j���i II1111\\\� M 9 SAN BERNARDINO COUNTY CONtSOOLLIDATED FIRE AGENCY By: Chairman, Board of Supervisors of San Bernardino County, as Governing Body of San Bernardino County Consolidated -Fire Agency CENTRAL VALLEY FIRE PROTECTION DISTRICT By:� Chairman, Board of Supervisors of. San Bernardino County, as Governing Body of Central Valley Fire protection District Page 100 EXHIBIT A BY-LAWS CONFIRE ARTICLE I PURPOSE The CONSOLIDATED FIRE AGENCIES OF THE EAST VALLEY (CONFIRE) is a co-operative association voluntarily established by its members pursuant to the Joint Exercise of Powers Act of the Government code of the State of California for the purpose of providing hardware, software, services, and other items necessary and appropriate for the establishment, operation, and maintenance of a joint centralized public safety communications system and a cooperative program of fire related functions for the mutual benefit of the members of the Agency, to provide such services on a contract basis to other governmental units, and to provide a forum for discussion, study, development and implementation of recommendations of mutual interest regarding public safety communications and related matters within member agencies. CONFIRE is sometimes hereinafter referred to as the "Agency." ARTICLE II POWERS The powers of the Agency include, but are not limited to the following: a) to enter into contracts, including the performance of services for other governmental units; b) to employ agents and employees; C) to acquire, lease, hold, and dispose of property, real and personal; d) to incur debts, liabilities or obligations; e) the purchase or lease of the equipment and machinery necessary; f) the employment of the necessary personnel and the operation and maintenance of a communications system; g) all powers necessary and incidental to carrying out the purpose set forth in ARTICLE I of these By -Laws; and h) the power to sue and be sued in its own name. 00119668.1 Page 101 00119668.1 ARTICLE III PARTICIPATION A. All governmental agencies which provide public safety services are eligible for membership of this Agency, provided the parties to the existing Agency agree and all parties sign an amended Joint Exercise of Powers Agreement. B. Membership shall be contingent upon the execution of the Joint Powers Agreement creating and establishing this Agency and the payment by each such governmental agency of a fee to be determined and agreed upon by the majority vote of Board of Directors. The Board of Directors may, by a similar vote, impose to the terms, costs, and assessment charges as specified in the Agreement or By - Laws . All fees, costs, and assessment charges shall become the revenue of the Agency. C. upon becoming a member, all new members shall become subject to the same financial obligations of CONFIRE as all other members, unless otherwise specifically agreed to in the amended Joint Exercise of Powers Agreement. ARTICLE IV BOARD OF DIRECTORS A. The Board of Directors shall function as set forth in Section 12 of the Joint Powers Agreement and as further set forth herein. B. The member agency's principal or alternative representative shall serve until a successor is appointed by the appointing powers. A vacancy shall immediately occur in the office of any officer upon the resignation or death of such person holding such office, or upon his ceasing to be an officer or employee of any member government. Upon a vacancy occurring in any office, the Board of Directors may appoint a successor to fill the vacancy until the member agency represented by the officer assigns a new member to represent the governmental agency. The rotation of officers may be advanced one year before the vacancy has been filled if the Board of Directors finds this advisable. C. The Board of Directors may establish rules governing its own conduct and procedure and have such express or implied powers which are not inconsistent with or contrary to the laws of the State of California, these By -Laws, or Agreement. D. A quorum for the transaction of all business by such Board of Directors shall consist of a majority of the representative membership. E. No one serving on the Board of Directors shall receive any salary or compensation from the Agency. 50 Page 102 00119668.1 F. The Board, on behalf of the Agency, may accept contributions or donations and may apply for and use grants or loans of money or other property from the state, or any other governmental units, or individuals, foundations or organizations and may enter into agreements required in connection therewith and may hold, use and dispose of such monies or property in accordance with the terms of the grant, donation, loan or agreement relating thereto. However, nothing in this section should be construed to require the participation or financial obligation of any member agency without the express written authorization in the form of a resolution by its legislative body and only to the extent so authorized. ARTICLE V BOARD OF DIRECTOR'S MEETINGS A. Regular public meetings, also termed General Meetings, of the Board of Directors shall be held at least twice a year at a regular date, time and place established by resolution of the Board pursuant to the provisions of section 54954 of the Government Code. A regular meeting of the Board shall be held in the month of February at which time the Board shall consider and adopt the annual budget for the Agency for the following fiscal year. The annual meeting shall be held in September at which meeting the Board shall elect officers. B. Special meetings of the Board of Directors may be called by its Chairperson or by the Administrative Committee by its own motion, or shall be called by the Administrative Committee upon written request by any one (1) of its members. Ten (10) days written notice of special meetings shall be given to the official representatives of each member Agency and an agenda specifying the subject of such special meeting shall accompany such notice. Business conducted at said meetings shall be limited to those items specified in the agenda. However, if deemed necessary, due to the urgent nature of the issue, the Chairperson or the administrative Committee, by its own motion, may call for an emerg.ency.meeting on a twenty-four (24) hour notice for the purpose of discussion a specific issue. C. The date, time and location of special, and emergency, meetings of the Board of Directors shall be determined by the Chairperson of the Board of Directors. Regular, special and emergency meetings shall be held within the County of San Bernardino. D. Notice of the regular meeting of the Board of Directors shall be given to the respective Board Member, Supervisor, Mayor, and Manager of each member Agency at least thirty (30) days prior to such meeting and an agenda for such meeting shall accompany the notice. E. To the extent not contrary to these By -Laws, Robert's Rules of Order shall govern all meetings of the Board of Directors. 51 Page 103 00119668.1 ARTICLE VI DITTIES OF AGENCY OFFICERS A. The officers of CONFIRE shall consist of a Chairperson, a Vice -Chairperson, a Secretary and a Treasurer. The Chairperson shall be a member of the Board of Directors. B. In the absence of a Chairperson, or in the event of his inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Chairperson. C. The Coordinator of Communications shall be the Secretary to the Board of Directors, but shall be a non-voting member. D. The Treasurer shall be the Financial Officer from the Consolidated Fire Agency. He shall be a non-voting member. E. The Treasurer shall have the powers and duties as set forth in Section 6505 and 6505.5 of the Government Code, any other applicable provisions of State law, the Agreement, these By -Laws, or as may be established by the Board of Directors. The Treasurer shall serve the Agency without charge to the Agency, except for the administrative services charges to the Consolidated Fire Agency. There shall be strict accountability of all funds of the Agency and a report of all receipts and disbursements as required by Section 6505 of the Government Code. F. The Treasurer shall give a bond in the amount of $25,000 for the faithful discharge of his duties, with such surety or sureties as the Board of Directors shall determine. The Treasurer shall: (a) Have charge and custody of and be responsible for all funds, securities and assets of the Agency; receive and give receipts for monies due and payable to the Agency from any source whatsoever, and deposit all such monies in a separate fund in the name of the Agency with the County Auditor/Controller; (b) in general, perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him by the Board of Directors. G. The Secretary shall; (a) keep the minutes of the Agency meetings in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with provisions of these By -Laws or as required by law; (c) be custodian of the records of the Agency; (d) in general, perform all duties as, from time to time, may be assigned to him/her by the Board of Directors. 52 Page 104 00119668.1 ARTICLE VII ADMINISTRATIVE COMMITTEE A. There is hereby established an Administrative Committee of the Agency, which shall be organized and be responsible for functions hereinafter set forth. B. Each public agency that is a signatory member to the Joint Powers Agreement, or an amended Joint Powers Agreement, shall be entitle to one (1) seat on the Administrative Committee for each Chief Officer or Executive of the public agency's departments which share in the CONFIRE System, and shall be entitled to one (1) vote per Chief Officer or executive thereon. Such vote may be cast only by the official representative to the Committee in physical attendance, or by the designated alternate, if such official representative is absent. No proxy votes or absentee voting will be permitted. C. Only the Chief Officer or Executive or designated alternate may represent a participating agency on the Administrative Committee. The Chief Officer or Executive of each member government agency will designate, in writing, to CONFIRE'an alternate who may serve on the Administrative Committee in the absence of such Chief Officer or Executive. D. The Coordinator of Communications shall be the Secretary to the Administrative Committee, as a non-voting member. E. The operations of the Agency shall be conducted under the direction and supervision of the Administrative Committee. Except as specifically excepted herein, no contract or other obligation of this Agency shall be binding unless approved or ratified by the Administrative Committee. F. The Committee may establish rules for its own procedures and have such express or implied authority as is not inconsistent with or contrary to the laws of California, these By -Laws, or the Joint Exercise of Powers Act of the Government Code of the State of California. A quorum for the transaction of all business by the administrative Committee shall consist of a majority of the official representatives or designated alternates of the member governmental agencies. G. Regular meetings of the Administrative Committee shall be held as required but not less than quarterly each year. Special meetings of the Administrative Committee may be called by its Chairperson, or by a member of the Administrative Committee. The time, date and location of regular meetings of the Administrative Committee shall be determined by the Administrative Committee. The Secretary shall cause to be delivered to each member agency at lease five (5) calendar days prior to the meeting, an agenda and written notice calling a meeting of the Administrative Committee. Meetings of the Administrative Committee must comply with the Brown Act. 53 Page 105 00119668.1 H. The Administrative Committee Chairperson shall be the principal executive officer of the Agency and shall be authorized to execute documents and instruments on behalf of the Agency and in general shall perform all duties incident to the office of Chairperson and such other duties as may be prescribed by the Board of Directors. They shall serve a one (1) year term as Chairperson and shall be elected to that position annually by the members of the Administrative Committee. I. The Administrative Committee shall have the authority to contract with other governmental bodies for use of CONFIRE facilities, equipment, and programs and to establish appropriate charges therefore. J. The Administrative Committee shall have the following duties: 1) Within the limits fixed by an approved budget, the Administrative Committee shall conduct the operation of the Agency. 2) Direct the preparation of the proposed annual budget. Following approval thereof by the administrative Committee, the proposed budget shall be submitted to the Board of Directors. After adoption of the annual budget by the Board of Directors, the Administrative Committee shall control all expenditures in accordance with such budget. 3) The Administrative Committee shall have the power to expend funds in accordance with the adopted budget. 4) At each regular meeting of the Board of Directors, the Administrative Committee shall report budget and financial transactions since the previous regular meeting. K. The Administrative Committee shall present a full report of its activities at each regular meeting of the Board of Directors. L. The Administrative Committee shall, as provided by the approved budget, have the authority to hire, fix the salary of, and remove the Coordinator of Communications. ARTICLE VIII TECHNICAL COMMITTEE A. There is hereby established a Technical Committee which shall be organized and be, responsible for functions as hereinafter set forth. 54 Page 106 00119668.1 B. Each public agency that is a member of this Agency shall be entitled to one (1) seat on the Technical Committee for each public -safety department which shares in the use of the CONFIRE System, and shall be entitled to one (1) vote per member thereon. Such vote may be cast only by the official representative to the Technical Committee in physical attendance, or by the designated alternate if such official representative is absent. C. The Chief Officer or Executive of each member agency shall appoint a representative and alternate representative to the Technical Committee. D. The Coordinator of Communications shall chair the Technical Committee and report all significant decisions to the Administrative Committee for concurrence. E. The Technical Committee may establish rules for its own procedures. There shall be regularly scheduled meetings held to consider all matters dealing with liaison between the Agency and department personnel, operation of the Agency, and future planning. F. The daily operation of the Agency shall be conducted under the direction and supervision of the Coordinator of Communications; however, they shall call emergency meetings of the Technical Committee should the need arise to meet operational requirements. G. The Technical Committee shall provide to the Administrative Committee recommended solutions to operational problems. H. Members of the Technical Committee, except for the Coordinator of Communications, shall serve without compensation for their services to the Agency. ARTICLE IX COORDINATOR OF COMMUNICATIONS A. The Coordinator of Communications shall perform such duties as shall be delegated by the Administrative Committee. B. The Coordinator of Communications shall attend all Administrative Committee meetings and give advice on technical matters. C. The Coordinator of Communications shall be the Chairperson of the Technical Committee. He shall provide to the Administrative Committee recommendations from the Technical Committee on operations and problems associated with the daily operation and maintenance of the Agency. D. The Coordinator of Communications shall review jointly with the Administrative Committee all bid specifications for the purchase of all communications equipment prior to issuance and equipment modifications by member agencies. 55 Page 107 00119668.1 ARTICLE X FINANCES A. The fiscal year of the Agency shall end on June 30. B. The Agency budget for the following fiscal year shall be submitted by the Coordinator of Communications to the Administrative Committee on or before January 1.5 of each year. The Administrative Committee shall adopt a tentative budget on or before February 1 of each year and forwarded the same to the Board of Directors for review. The Board of Directors shall adopt the annual budget for the Agency not later than March 1 of each year; copies shall be mailed immediately to the Chief Administrative Officer of each participating governmental agency. C. The annual budget shall include the necessary funds with which the Agency shall obtain and maintain worker's compensation and liability insurance to fully protect the Agency and each of the member agencies. Said insurance shall be obtained and maintained in force at all times during the effective term of this Agreement. D. The Consolidated Fire Agency shall provide administrative and support services functions to the Agency consisting of personnel administration, facility site usage, purchasing, payroll and related functions. E. Reimbursement to the Consolidated Fire Agency for services in Paragraph D of this Article shall be based upon a cost percentage rate to be determined for the following fiscal year budget. The cost percentage rate shall be given to the Coordinator of Communications in writing from the Consolidated Fire Agency no later than the first day of December preceding the forthcoming fiscal year budget. It is stipulated that the percentage rate charged by the Consolidated Fire Agency shall not be applied to the following expense items of any approved fiscal year budget appropriation: 1) The expense of the applied percentage rate. 2) Capital Outlay or improvement items. 3) Contract Maintenance items to include telephone expense items. F. The Administrative Committee shall recommend to the Board of Directors cost-sharing charges for all participants in the Agency in an amount sufficient to provide the funds required by the budgets. The Board of Directors shall fix membership assessments and shall advise the Chief Administrative Officer of each participating agency thereof on or before April 1 of each year. Any participating agency whose charges have not been paid within sixty (60) days after billing shall pay interest on unpaid balance, not to exceed one percent (1%) per month. The Agency shall have the power to commence an action in its own name against any member agency in default to recover the amount of the obligation due to the Agency hereunder. 56 Page 108 00119668.1 G. The amount of each participant's charges shall be determined in accordance with Paragraph H below. H. The activities of the Agency shall be financed by a cost- sharing formula which shall require a proration among the participating agencies based on the demand percentage on the system by the agencies to be determined by the Administrative Committee and approved by the Board of Directors. Expenditures made and indebtedness incurred by the Agency relating to special equipment and services shall be paid entirely by such member agency. Facility and rental and/or space utilization shall be a separate item approved in the Agency's annual budget. I. The CONFIRE System, as a computer-aided system, encompasses the computer-aided dispatch system (CAD), management information system (MIS), and the records management system (RMS). The RMS of the CONFIRE System will be located at the County Office of Management Services. RMS functional management shall be under the Coordinator of Communications, or his designated representative. The overall administration of the RMS shall be under the Coordinator of Communications' duties consistent with these By - Laws. Reimbursable costs to the Consolidated Fire Agency shall be determined by the Board of Directors in accordance with the Joint Powers Agreement and By -Laws. ARTICLE XI AGENCY EMPLOYEES A. Agency employees are under the authority of the Agency. As such the Agency retains the authority to approve all benefits and privileges that may accrue to Agency employees. However, Agency employees shall be entitled to all benefits and privileges secured by Special Districts employees as provided by the Personnel Rules and Regulations of the Office of Special Districts, but subject to the approval of, and the organizational lines of authority contained within the Agency as structured by the Joint Powers Agreement and By -Laws. B. The duties of, and the organizational authority over the Coordinator of Communications are stipulated in previous articles within these By -Laws. The Coordinator of Communications is also authorized to establish a non -management line of supervision to assist him in the day-to-day communications center operations which include delegation of certain personnel management procedures and supervision. Therefore, non -management personnel shall follow the organizational lines of authority as defined by the Coordinator of Communications and set forth within these By -Laws. 57 Page 109 00119668.1 C. Benefits and privileges of Agency employees shall be associated with the following representation units for the employees of the Office of Special Districts: 1) Coordinator of Communications. A Consolidated Fire Agency recognized Management employee. No representation. 2) Administrative Technician and all Communications employees. The same as the Special Distracts recognized non -safety group. D. Paragraph C above does not obligate the agency to recognize the representation units associated with the Office of Special Districts for any separate meet and confer matters. However, should employees exercise their rights to secure separate representation units under Employer/Employee Organizations guidelines as set forth in the Government Code of the State of California, Section 3500 et seq, and such representation units are officially recognized by the Agency, then Paragraph C et al., of this Article shall defer to that agreement between the employees and the Agency. E. The Office of Special Districts Personnel Office shall immediately provide the Coordinator of communications with all ratified Memoranda of Understanding (MOU) as affects employees, benefits and privileges. Upon receipt of such MOU(s) the Coordinator of Communications will request a special joint meeting of the Administrative Committee and Board of Directors for determination. ARTICLE XII AUDIT The Board of Directors shall request that the Treasurer initiate an annual audit of the financial affairs of the Agency, to be made by an independent Certified public Accountant at the end of each fiscal year in accordance with generally accepted auditing principles and as provided in the Agreement. The annual report shall be delivered to each member agency not later than 60 days subsequent to the end of each fiscal year. ARTICLE XIII LIABILITY AND PROPERTY A. Except as otherwise provided by individual contracts, the debts, liabilities, and obligations of the Agency shall not be the debts, liabilities, and obligations of the parties to the Agreement. B. All property, with the exception of funds, acquired by the Agency shall be parties to the Joint Powers Agreement, otherwise determined in writing by all of 58 assets funded by grant owned in common by the in equal shares, unless the parties hereto. The Page 110 00119668.1 Treasurer shall cause an inventory and asset account to be kept current at all times, showing the assets of the Agency. Grant funded equipment or services shall remain the property of the Grantee applicant. C. Any contributions of equipment by any of the member governmental agencies will be assigned a value by the Administrative Committee and such value will be credited to the account of that member and be a part of and included within any distribution formula in the event of withdrawal, termination or dissolution as provided herein. D. Each member shall have a vested interest in all capital acquisitions by the Agency in the same ratio as they are obligated to share in the cost-sharing proration. Capital acquisitions from grant funds are excluded. ARTICLE XIV WITHDRAWAL TERMINATION AND DISSOLUTION A. A member may withdraw from this Agency in the manner prescribed by the Agreement; provided, however, that Agency assets directly attributable to the accumulated capital contribution of the withdrawing party shall remain with the system for use by CONFIRE without compensation to the withdrawing party, until the termination of this Agreement and the distribution of assets to all parties in winding up. B. If this Agreement is terminated, assigned or transferred in whole or in part, all property and equipment owned by CONFIRE shall be distributed to the parties; distribution to each party shall be made in the same proportion as that reflected in the members' accumulated capital contribution account as shown in the Treasurer's books of account. Cash may be accepted in lieu of property or equipment. Grant assets remain the property of the Grantee. C. If the parties to the Agreement herein cannot agree as to the valuation and distribution of the property, the valuation and distribution shall be determined by a panel of arbitrators, one being appointed by each agency and one additional arbitrator shall be appointed by a majority of the agencies. All matters relating to valuation and distribution of assets as determined by this panel of arbitrators shall be final and conclusive as to this Agency. D. This Agreement shall not terminate until all property has been distributed in accordance with these provisions; and the winding up and property distribution hereunder shall be affected in the manner calculated to cause the least disruption of existing public safety communications systems. 59 Page 111 00119668.1 E. On withdrawal of members so as to reduce the number of continuing participants to less than the original number of participating numbers, or upon the action of a majority of participating members to dissolve, then this Agreement and such Agency shall be terminated and dissolved. Upon such termination and dissolution (and after payment of all debts), all individual files and documents and documentation shall be distributed to their owners without charge or offset. The remaining assets or liabilities, excluding grant funded assets, of the Agency shall be distributed among the members who had participated in this Agency as set forth above. F. If the withdrawal of a member causes the remaining members to terminate the Joint Rowers Agreement, then the withdrawing member shall participate in the termination of this Agreement as set forth above. ARTICLE XV CONTRACTS, LOANS, CHECKS AND DEPOSITS A. The Board of Directors may authorize any officer or officers, agency or agents, to enter into any contract or to execute and deliver any instrument in the name of and on behalf of the Agency, and such authority may be general or confined to specific instances. B. No loans shall be contracted on behalf of the Agency and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances. C. All checks, drafts or other orders for the payment of monies, notes or other evidences of indebtedness issued in the name of the Agency shall be signed by such officer or officers, agent or agents, of the Agency and in such manner as shall from time to time be determined by the Board of Directors. D. All funds of the Agency not otherwise encumbered shall be deposited from time to time to the credit of the Agency in such banks, trust companies or other depositories by the Treasurer with the consent of the Board of Directors. ARTICLE XVI AMENDMENT A. Amendment to these By -Laws may be proposed by any member of the Board of Directors or by the Administrative Committee. The amendment shall be submitted to the Board of Directors. B. Unanimous approval by the Board of Directors shall be required to adopt any amendment to these By -Laws. M� Page 112 00119668.1 ARTICLE XVII EFFECTIVE DATE These By -Laws shall go into effect immediately upon the execution of the Agreement by all of the original participants in the Agency. M Page 113 99999.91354\8164272.1 00119668.1 Exhibit `B" Bylaws [Attached Behind This Page] 62 Page 114 00119668.1 BY-LAWS CONFIRE ARTICLE I PURPOSE The CONSOLIDATED FIRE AGENCIES OF THE EAST VALLEY (CONFIRE) is a co-operative association voluntarily established by its members pursuant to the Joint Exercise of Powers Act of the Government Code of the State of California for the purpose of providing hardware, software, services, and other items necessary and appropriate for the establishment, operation, and maintenance of a joint centralized public safety communications system and a cooperative program of fire related functions for the mutual benefit of the members of the Agency, to provide such services on a contract basis to other governmental units, and to provide a forum for discussion, study, development and implementation of recommendations of mutual interest regarding public safety communications and related matters within member agencies. CONFIRE is sometimes hereinafter referred to as the "Agency." ARTICLE II POWERS The powers of the Agency include, but are not limited to the following: a) to enter into contracts, including the performance of services for other governmental units; b) to employ agents and employees; C) to acquire, lease, hold, and dispose of property, real and personal; d) to incur debts, liabilities or obligations; e) the purchase or lease of the equipment and machinery necessary; f) the employment of the necessary personnel and the operation and maintenance of a communications system; g) all powers necessary and incidental to carrying out the purpose set forth in ARTICLE I of these By -Laws; and h) the power to sue and be sued in its own name. 63 Page 115 00119668.1 ARTICLE III PARTICIPATION A. All governmental agencies which provide public safety services are eligible for membership of this Agency, provided the parties to the existing Agency agree and all parties sign an amended Joint Exercise of Powers Agreement. B. Membership shall be contingent upon the execution of the Joint Powers Agreement creating and establishing this Agency and the payment by each such governmental agency of a fee to be determined and agreed upon by the majority vote of Board of Directors. The Board of Directors may, by a similar vote, impose to the terms, costs, and assessment charges as specified in the Agreement or By - Laws . All fees, costs, and assessment charges shall become the revenue of the Agency. C. upon becoming a member, all new members shall become subject to the same financial obligations of CONFIRE as all other members, unless otherwise specifically agreed to in the amended Joint Exercise of Powers Agreement. ARTICLE IV BOARD OF DIRECTORS A. The Board of Directors shall function as set forth in Section 12 of the Joint Powers Agreement and as further set forth herein. B. The member agency's principal or alternative representative shall serve until a successor is appointed by the appointing powers. A vacancy shall immediately occur in the office of any officer upon the resignation or death of such person holding such office, or upon his ceasing to be an officer or employee of any member government. Upon a vacancy occurring in any office, the Board of Directors may appoint a successor to fill the vacancy until the member agency represented by the officer assigns a new member to represent the governmental agency. The rotation of officers may be advanced one year before the vacancy has been filled if the Board of Directors finds this advisable. C. The Board of Directors may establish rules governing its own conduct and procedure and have such express or implied powers which are not inconsistent with or contrary to the laws of the State of California, these By -Laws, or Agreement. D. A quorum for the transaction of all business by such Board of Directors shall consist of a majority of the representative membership. E. No one serving on the Board of Directors shall receive any salary or compensation from the Agency. •E Page 116 00119668.1 F. The Board, on behalf of the Agency, may accept contributions or donations and may apply for and use grants or loans of money or other property from the state, or any other governmental units, or individuals, foundations or organizations and may enter into agreements required in connection therewith and may hold, use and dispose of such monies or property in accordance with the terms of the grant, donation, loan or agreement relating thereto. However, nothing in this section should be construed to require the participation or financial obligation of any member agency without the express written authorization in the form of a resolution by its legislative body and only to the extent so authorized. ARTICLE V BOARD OF DIRECTOR'S MEETINGS A. Regular public meetings, also termed General Meetings, of the Board of Directors shall be held at least twice a year at a regular date, time and place established by resolution of the Board pursuant to the provisions of section 54954 of the Government Code. A regular meeting of the Board shall be held in the month of February at which time the Board shall consider and adopt the annual budget for the Agency for the following fiscal year. The annual meeting shall be held in September at which meeting the Board shall elect officers. B. Special meetings of the Board of Directors may be called by its Chairperson or by the Administrative Committee by its own motion, or shall be called by the Administrative Committee upon written request by any one (1) of its members. Ten (10) days written notice of special meetings shall be given to the official representatives of each member Agency and an agenda specifying the subject of such special meeting shall accompany such notice. Business conducted at said meetings shall be limited to those items specified in the agenda. However, if deemed necessary, due to the urgent nature of the issue, the Chairperson or the administrative Committee, by its own motion, may call for an emerg.ency.meeting on a twenty-four (24) hour notice for the purpose of discussion a specific issue. C. The date, time and location of special, and emergency, meetings of the Board of Directors shall be determined by the Chairperson of the Board of Directors. Regular, special and emergency meetings shall be held within the County of San Bernardino. D. Notice of the regular meeting of the Board of Directors shall be given to the respective Board Member, Supervisor, Mayor, and Manager of each member Agency at least thirty (30) days prior to such meeting and an agenda for such meeting shall accompany the notice. E. To the extent not contrary to these By -Laws, Robert's Rules of Order shall govern all meetings of the Board of Directors. 65 Page 117 00119668.1 ARTICLE VI DITTIES OF AGENCY OFFICERS A. The officers of CONFIRE shall consist of a Chairperson, a Vice -Chairperson, a Secretary and a Treasurer. The Chairperson shall be a member of the Board of Directors. B. In the absence of a Chairperson, or in the event of his inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Chairperson. C. The Coordinator of Communications shall be the Secretary to the Board of Directors, but shall be a non-voting member. D. The Treasurer shall be the Financial Officer from the Consolidated Fire Agency. He shall be a non-voting member. E. The Treasurer shall have the powers and duties as set forth in Section 6505 and 6505.5 of the Government Code, any other applicable provisions of State law, the Agreement, these By -Laws, or as may be established by the Board of Directors. The Treasurer shall serve the Agency without charge to the Agency, except for the administrative services charges to the Consolidated Fire Agency. There shall be strict accountability of all funds of the Agency and a report of all receipts and disbursements as required by Section 6505 of the Government Code. F. The Treasurer shall give a bond in the amount of $25,000 for the faithful discharge of his duties, with such surety or sureties as the Board of Directors shall determine. The Treasurer shall: (a) Have charge and custody of and be responsible for all funds, securities and assets of the Agency; receive and give receipts for monies due and payable to the Agency from any source whatsoever, and deposit all such monies in a separate fund in the name of the Agency with the County Auditor/Controller; (b) in general, perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him by the Board of Directors. G. The Secretary shall; (a) keep the minutes of the Agency meetings in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with provisions of these By -Laws or as required by law; (c) be custodian of the records of the Agency; (d) in general, perform all duties as, from time to time, may be assigned to him/her by the Board of Directors. •• Page 118 00119668.1 ARTICLE VII ADMINISTRATIVE COMMITTEE A. There is hereby established an Administrative Committee of the Agency, which shall be organized and be responsible for functions hereinafter set forth. B. Each public agency that is a signatory member to the Joint Powers Agreement, or an amended Joint Powers Agreement, shall be entitle to one (1) seat on the Administrative Committee for each Chief Officer or Executive of the public agency's departments which share in the CONFIRE System, and shall be entitled to one (1) vote per Chief Officer or executive thereon. Such vote may be cast only by the official representative to the Committee in physical attendance, or by the designated alternate, if such official representative is absent. No proxy votes or absentee voting will be permitted. C. Only the Chief Officer or Executive or designated alternate may represent a participating agency on the Administrative Committee. The Chief Officer or Executive of each member government agency will designate, in writing, to CONFIRE'an alternate who may serve on the Administrative Committee in the absence of such Chief Officer or Executive. D. The Coordinator of Communications shall be the Secretary to the Administrative Committee, as a non-voting member. E. The operations of the Agency shall be conducted under the direction and supervision of the Administrative Committee. Except as specifically excepted herein, no contract or other obligation of this Agency shall be binding unless approved or ratified by the Administrative Committee. F. The Committee may establish rules for its own procedures and have such express or implied authority as is not inconsistent with or contrary to the laws of California, these By -Laws, or the Joint Exercise of Powers Act of the Government Code of the State of California. A quorum for the transaction of all business by the administrative Committee shall consist of a majority of the official representatives or designated alternates of the member governmental agencies. G. Regular meetings of the Administrative Committee shall be held as required but not less than quarterly each year. Special meetings of the Administrative Committee may be called by its Chairperson, or by a member of the Administrative Committee. The time, date and location of regular meetings of the Administrative Committee shall be determined by the Administrative Committee. The Secretary shall cause to be delivered to each member agency at lease five (5) calendar days prior to the meeting, an agenda and written notice calling a meeting of the Administrative Committee. Meetings of the Administrative Committee must comply with the Brown Act. 67 Page 119 H. The Administrative Committee Chairperson shall be the principal executive officer of the Agency and shall be authorized to execute documents and instruments on behalf of the Agency and in general shall perform all duties incident to the office of Chairperson and such other duties as may be prescribed by the Board of Directors. They shall serve a one (1) year term as Chairperson and shall be elected to that position annually by the members of the Administrative Committee. I. The Administrative Committee shall have the authority to contract with other governmental bodies for use of CONFIRE facilities, equipment, and programs and to establish appropriate charges therefore. J. The Administrative Committee shall have the following duties: 1) Within the limits fixed by an approved budget, the Administrative Committee shall conduct the operation of the Agency. 2) Direct the preparation of the proposed annual budget. Following approval thereof by the administrative Committee, the proposed budget shall be submitted to the Board of Directors. After adoption of the annual budget by the Board of Directors, the Administrative Committee shall control all expenditures in accordance with such budget. 3) The Administrative Committee shall have the power to expend funds in accordance with the adopted budget. 4) At each regular meeting of the Board of Directors, the Administrative Committee shall report budget and financial transactions since the previous regular meeting. K. The Administrative Committee shall present a full report of its activities at each regular meeting of the Board of Directors. L. The Administrative Committee shall, as provided by the approved budget, have the authority to hire, fix the salary of, and remove the Coordinator of Communications. ARTICLE VIII TECHNICAL COMMITTEE A. There is hereby established a Technical Committee which shall be organized and be, responsible for functions as hereinafter set forth. 00119668.1 Page 120 00119668.1 B. Each public agency that is a member of this Agency shall be entitled to one (1) seat on the Technical Committee for each public -safety department which shares in the use of the CONFIRE System, and shall be entitled to one (1) vote per member thereon. Such vote may be cast only by the official representative to the Technical Committee in physical attendance, or by the designated alternate if such official representative is absent. C. The Chief Officer or Executive of each member agency shall appoint a representative and alternate representative to the Technical Committee. D. The Coordinator of Communications shall chair the Technical Committee and report all significant decisions to the Administrative Committee for concurrence. E. The Technical Committee may establish rules for its own procedures. There shall be regularly scheduled meetings held to consider all matters dealing with liaison between the Agency and department personnel, operation of the Agency, and future planning. F. The daily operation of the Agency shall be conducted under the direction and supervision of the Coordinator of Communications; however, they shall call emergency meetings of the Technical Committee should the need arise to meet operational requirements. G. The Technical Committee shall provide to the Administrative Committee recommended solutions to operational problems. H. Members of the Technical Committee, except for the Coordinator of Communications, shall serve without compensation for their services to the Agency. ARTICLE IX COORDINATOR OF COMMUNICATIONS A. The Coordinator of Communications shall perform such duties as shall be delegated by the Administrative Committee. B. The Coordinator of Communications shall attend all Administrative Committee meetings and give advice on technical matters. C. The Coordinator of Communications shall be the Chairperson of the Technical Committee. He shall provide to the Administrative Committee recommendations from the Technical Committee on operations and problems associated with the daily operation and maintenance of the Agency. D. The Coordinator of Communications shall review jointly with the Administrative Committee all bid specifications for the purchase of all communications equipment prior to issuance and equipment modifications by member agencies. 69 Page 121 00119668.1 ARTICLE X FINANCES A. The fiscal year of the Agency shall end on June 30. B. The Agency budget for the following fiscal year shall be submitted by the Coordinator of Communications to the Administrative Committee on or before January 1.5 of each year. The Administrative Committee shall adopt a tentative budget on or before February 1 of each year and forwarded the same to the Board of Directors for review. The Board of Directors shall adopt the annual budget for the Agency not later than March 1 of each year; copies shall be mailed immediately to the Chief Administrative Officer of each participating governmental agency. C. The annual budget shall include the necessary funds with which the Agency shall obtain and maintain worker's compensation and liability insurance to fully protect the Agency and each of the member agencies. Said insurance shall be obtained and maintained in force at all times during the effective term of this Agreement. D. The Consolidated Fire Agency shall provide administrative and support services functions to the Agency consisting of personnel administration, facility site usage, purchasing, payroll and related functions. E. Reimbursement to the Consolidated Fire Agency for services in Paragraph D of this Article shall be based upon a cost percentage rate to be determined for the following fiscal year budget. The cost percentage rate shall be given to the Coordinator of Communications in writing from the Consolidated Fire Agency no later than the first day of December preceding the forthcoming fiscal year budget. It is stipulated that the percentage rate charged by the Consolidated Fire Agency shall not be applied to the following expense items of any approved fiscal year budget appropriation: 1) The expense of the applied percentage rate. 2) Capital Outlay or improvement items. 3) Contract Maintenance items to include telephone expense items. F. The Administrative Committee shall recommend to the Board of Directors cost-sharing charges for all participants in the Agency in an amount sufficient to provide the funds required by the budgets. The Board of Directors shall fix membership assessments and shall advise the Chief Administrative Officer of each participating agency thereof on or before April 1 of each year. Any participating agency whose charges have not been paid within sixty (60) days after billing shall pay interest on unpaid balance, not to exceed one percent (1%) per month. The Agency shall have the power to commence an action in its own name against any member agency in default to recover the amount of the obligation due to the Agency hereunder. 70 Page 122 00119668.1 G. The amount of each participant's charges shall be determined in accordance with Paragraph H below. H. The activities of the Agency shall be financed by a cost- sharing formula which shall require a proration among the participating agencies based on the demand percentage on the system by the agencies to be determined by the Administrative Committee and approved by the Board of Directors. Expenditures made and indebtedness incurred by the Agency relating to special equipment and services shall be paid entirely by such member agency. Facility and rental and/or space utilization shall be a separate item approved in the Agency's annual budget. I. The CONFIRE System, as a computer-aided system, encompasses the computer-aided dispatch system (CAD), management information system (MIS), and the records management system (RMS). The RMS of the CONFIRE System will be located at the County Office of Management Services. RMS functional management shall be under the Coordinator of Communications, or his designated representative. The overall administration of the RMS shall be under the Coordinator of Communications' duties consistent with these By - Laws. Reimbursable costs to the Consolidated Fire Agency shall be determined by the Board of Directors in accordance with the Joint Powers Agreement and By -Laws. ARTICLE XI AGENCY EMPLOYEES A. Agency employees are under the authority of the Agency. As such the Agency retains the authority to approve all benefits and privileges that may accrue to Agency employees. However, Agency employees shall be entitled to all benefits and privileges secured by Special Districts employees as provided by the Personnel Rules and Regulations of the Office of Special Districts, but subject to the approval of, and the organizational lines of authority contained within the Agency as structured by the Joint Powers Agreement and By -Laws. B. The duties of, and the organizational authority over the Coordinator of Communications are stipulated in previous articles within these By -Laws. The Coordinator of Communications is also authorized to establish a non -management line of supervision to assist him in the day-to-day communications center operations which include delegation of certain personnel management procedures and supervision. Therefore, non -management personnel shall follow the organizational lines of authority as defined by the Coordinator of Communications and set forth within these By -Laws. 71 Page 123 00119668.1 C. Benefits and privileges of Agency employees shall be associated with the following representation units for the employees of the Office of Special Districts: 1) Coordinator of Communications. A Consolidated Fire Agency recognized Management employee. No representation. 2) Administrative Technician and all Communications employees. The same as the Special Distracts recognized non -safety group. D. Paragraph C above does not obligate the agency to recognize the representation units associated with the Office of Special Districts for any separate meet and confer matters. However, should employees exercise their rights to secure separate representation units under Employer/Employee Organizations guidelines as set forth in the Government Code of the State of California, Section 3500 et seq, and such representation units are officially recognized by the Agency, then Paragraph C et al., of this Article shall defer to that agreement between the employees and the Agency. E. The Office of Special Districts Personnel Office shall immediately provide the Coordinator of communications with all ratified Memoranda of Understanding (MOU) as affects employees, benefits and privileges. Upon receipt of such MOU(s) the Coordinator of Communications will request a special joint meeting of the Administrative Committee and Board of Directors for determination. ARTICLE XII AUDIT The Board of Directors shall request that the Treasurer initiate an annual audit of the financial affairs of the Agency, to be made by an independent Certified public Accountant at the end of each fiscal year in accordance with generally accepted auditing principles and as provided in the Agreement. The annual report shall be delivered to each member agency not later than 60 days subsequent to the end of each fiscal year. ARTICLE XIII LIABILITY AND PROPERTY A. Except as otherwise provided by individual contracts, the debts, liabilities, and obligations of the Agency shall not be the debts, liabilities, and obligations of the parties to the Agreement. B. All property, with the exception of funds, acquired by the Agency shall be parties to the Joint Powers Agreement, otherwise determined in writing by all of 72 assets funded by grant owned in common by the in equal shares, unless the parties hereto. The Page 124 00119668.1 Treasurer shall cause an inventory and asset account to be kept current at all times, showing the assets of the Agency. Grant funded equipment or services shall remain the property of the Grantee applicant. C. Any contributions of equipment by any of the member governmental agencies will be assigned a value by the Administrative Committee and such value will be credited to the account of that member and be a part of and included within any distribution formula in the event of withdrawal, termination or dissolution as provided herein. D. Each member shall have a vested interest in all capital acquisitions by the Agency in the same ratio as they are obligated to share in the cost-sharing proration. Capital acquisitions from grant funds are excluded. ARTICLE XIV WITHDRAWAL TERMINATION AND DISSOLUTION A. A member may withdraw from this Agency in the manner prescribed by the Agreement; provided, however, that Agency assets directly attributable to the accumulated capital contribution of the withdrawing party shall remain with the system for use by CONFIRE without compensation to the withdrawing party, until the termination of this Agreement and the distribution of assets to all parties in winding up. B. If this Agreement is terminated, assigned or transferred in whole or in part, all property and equipment owned by CONFIRE shall be distributed to the parties; distribution to each party shall be made in the same proportion as that reflected in the members' accumulated capital contribution account as shown in the Treasurer's books of account. Cash may be accepted in lieu of property or equipment. Grant assets remain the property of the Grantee. C. If the parties to the Agreement herein cannot agree as to the valuation and distribution of the property, the valuation and distribution shall be determined by a panel of arbitrators, one being appointed by each agency and one additional arbitrator shall be appointed by a majority of the agencies. All matters relating to valuation and distribution of assets as determined by this panel of arbitrators shall be final and conclusive as to this Agency. D. This Agreement shall not terminate until all property has been distributed in accordance with these provisions; and the winding up and property distribution hereunder shall be affected in the manner calculated to cause the least disruption of existing public safety communications systems. 73 Page 125 00119668.1 E. On withdrawal of members so as to reduce the number of continuing participants to less than the original number of participating numbers, or upon the action of a majority of participating members to dissolve, then this Agreement and such Agency shall be terminated and dissolved. Upon such termination and dissolution (and after payment of all debts), all individual files and documents and documentation shall be distributed to their owners without charge or offset. The remaining assets or liabilities, excluding grant funded assets, of the Agency shall be distributed among the members who had participated in this Agency as set forth above. F. If the withdrawal of a member causes the remaining members to terminate the Joint Rowers Agreement, then the withdrawing member shall participate in the termination of this Agreement as set forth above. ARTICLE XV CONTRACTS, LOANS, CHECKS AND DEPOSITS A. The Board of Directors may authorize any officer or officers, agency or agents, to enter into any contract or to execute and deliver any instrument in the name of and on behalf of the Agency, and such authority may be general or confined to specific instances. B. No loans shall be contracted on behalf of the Agency and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances. C. All checks, drafts or other orders for the payment of monies, notes or other evidences of indebtedness issued in the name of the Agency shall be signed by such officer or officers, agent or agents, of the Agency and in such manner as shall from time to time be determined by the Board of Directors. D. All funds of the Agency not otherwise encumbered shall be deposited from time to time to the credit of the Agency in such banks, trust companies or other depositories by the Treasurer with the consent of the Board of Directors. ARTICLE XVI AMENDMENT A. Amendment to these By -Laws may be proposed by any member of the Board of Directors or by the Administrative Committee. The amendment shall be submitted to the Board of Directors. B. Unanimous approval by the Board of Directors shall be required to adopt any amendment to these By -Laws. 74 Page 126 00119668.1 ARTICLE XVII EFFECTIVE DATE These By -Laws shall go into effect immediately upon the execution of the Agreement by all of the original participants in the Agency. 75 Page 127 99999,91354\8164272.I 00119668.1 Exhibit "C" Signatory Page to the CONF= Joint Powers Agreement [Attached Behind This Page] 76 Page 128 ATTEST: Se etary ' 99999.91354\8164272.1 00119668.1 ADDENDUM TO JOINT POWERS AGREEMENT (CONFIRE) 77 Rancho Cucamonga Fire Protection District Pr�siden , i oard o iir tors /7-6 Date Page 129 00119668.1 EXHIBIT B TO RESOLUTION W] Page 130 RESOLUTION NO. 2019 -1 BEFORE THE BOARD OF DIRECTORS OF THE CONSOLIDATED FIRE AGENCIES Recommendation to Admit Chino Valley Independent Fire District as a Party to Consolidated Fire Agencies CICONFIRE") Joint Powers Agreement RECITALS 1. WHEREAS, Chino Valley Independent Fire District ("District") is a California fire protection district duly organized and existing under Section 13800 et seq. of the Health & Safety Code. 2. WHEREAS, Consolidated Fire Agencies ("CONFIRE") is a joint powers authority duly organized and existing under Section 6500 et seq. of the Government Code and its Joint Powers Agreement effective August 13, 1990, amended September 3, 2013, and amended again on September 17, 2013 (collectively, the "JPA"). 3. WHEREAS, as set forth in Exhibit A hereto ("Administrative Committee Staff Report and Action Item"), the Administrative Committee of CONFIRE has recommended that this Board of Directors urge the current JPA members to amend the JPA to admit the District as a member of CONFIRE on the condition that the District pay the Required -Buy -In on or before December 31, 2019. RESOLUTION NOW, THEREFORE, BE IT RESOLVED: The Board of Directors recommends that each current party to the JPA take action to amend the JPA to admit the District as a member of CONFIRE on the condition that the District pay the Required -Buy -In on or before December 31,2019. THIS RESOLUTION was passed and adopted by the Board of Directors of the Consolidated Fire Agencies at a regular meeting held on the;Z,nA, of A c% 2019, by the following roll call vote: AYES: NOES: (� ABSENT: t 00110626.1 00119668.1 79 Page 131 Signed and Approved by me after its passage. 2OL Chairperson of the Board of Directors Consolidated Fire Agencies ATTEST: Oof Secretary to the Board of Directors Consolidated Fire Agencies 00110626.1 00119668.1 #2 Page 132 00119668.1 Exhibit A to Resolution No. 2019-01 [Administrative Committee Meeting Minutes] ROM Page 133 qCONF=IRE ADMINISTRATIVE COMMITTEE MEETING MINUTES Tuesday, February 26, 2019 111MIG AN SAN BERNARDINO COUNTY EOC 1743 MIRO WAY, RIALTO CA 92376 ROLL CALL ADMINISTRATIVE COMMITTEE MEMBERS: Chief Tim McHargue/Chairperson, Colton Fire Chief Ivan Rojer/Vice-Chairperson, Rancho Cucamonga Fire Chief Dan Harker, Loma Linda Fire Chief Nathan Cooke, Redlands Fire Chief Brian Park, Rialto Fire Chief Don Trapp, San Bernardino County Fire SUPPORT STAFF Mike Bell, Director Tim Franke, Dispatch Manager Kristen Anderson, Assistant Dispatch Manager John Tucker, Assistant Dispatch Manager Blessing Ugbo, Special Projects Lead Liz Berry, Admin. Secretary I Rana Gilani, Staff Analyst II GUESTS Chief Lorenzo Gigliotti, Apple Valley Fire Chief John Chamberlin, San Bernardino County Fire Chief Greg Benson, Victorville Fire Department Chief Eric Noreen, Rancho Cucamonga Fire Chief Tyler Johnson, Chino Valley Fire Department Yvonne Robbins, BDC MIS Supervisor Vanessa Meyer, Confire Battalion Chief Buddy Peratt, Apple Valley Fire CALL TO ORDER a. Flag Salute 00119668.1 Admin Committee Minutes February 26, 2019 -- Page 1 of 7 Page 134 00119668.1 2/26/2019 b. Roll Call/Introductions 01111 [KK0] 1IFl 11T1 I A i! 11 An opportunity provided for persons in the audience to make brief statements to the Administrative Committee. (Limited to 30 minutes; 3 minutes allotted for each speaker) III. CONSENT ITEMS The following items are considered routine and non -controversial and will be voted upon at one time by the Administrative Committee. An item may be removed by a Committee member or member of the public for discussion and appropriate action. 1. Approve Administrative Committee Minutes of January 15, 2019 (Attachment A) 2. Financial Statements thru January 31, 2019 (Attachments 131-132) 3. Dispatch Performance reports (Attachments C1-C6) 4. Hesperia Lease Agreement (Attachments D1 -D2) - Approve the lease agreement between CONFIRE and the County of San Bernardino Real Estate Services for space at the HDGC. The agreement is for 10 years commencing on May 1, 2019. It begins at $6,251.00 per month for rent and maintenance and increases 3.5% each year thereafter. The total encumbrance for the lease is $878,160 for ten years. Chief Don Trapp requested this item be sidelined until the County's dispatch study is complete. Motion to table the HDGClease until San Bernardino County's dispatch study is completed. Motion by: Chief Tim McHargue Second by. Chief Dan Harker Approved Unanimously 5. Action on Consent Motion to accept items 1 thru 3 under Consent Items Motion by: Chief Trapp Second by: Chief Cooke Approved Unanimously IV. DIRECTOR REPORT 6. Director Report—Mike Bell a. EMD Ad Hoc update RFP out for a consultant to help facilitate the group. Group is currently working on standardizing call types across the board. Admin Committee Minutes February 26, 2019-- Page 2 of 7 R, Page 135 00119668.1 2/26/2019 b. CAD to CAD project update i. Approval for S.A.M. registration (Attachment E) Approve Rana Gilani, Staff Analyst 11, as the designated SAM Entity Administrator. Motion by: Chief Don Trapp Second by: Chief Ivan Rojer Approved Unanimously V. OPS COMMITTEE REPORT i. OPS/Admin discussion i. Leader's intent Define policy making and empowerment of the representative to make decisions. Representatives are to discuss agenda topics and know how their agency stands on topics being discussed and be empowered to make decisions that accurately represent their agency. Admin. Chiefs will schedule a separate meeting to further discuss leader's intent with reference to the OPS group. ii. Change Management Tabled iii. CAD Access request (Attachment F) Establish protocol for qualified agency liaisons to securely access the live CAD environment for making agency only changes in certain modules under certain conditions. Qualified agency liaisons must be signed off by the CONFIRE CAD Administrator as having the proper training and experience required. Access to the CAD environment only from approved locations and services as specified by CONFIRE MIS. Make changes that will be limited to agency only matters. Any change that could have an impact on other agencies must be vetted through the CONFIRE Operations Committee. A CAD help ticket will be submitted documenting all changes made at each session. Motion to approve CAD Access Agreement. Motion by: Chief Ivan Rojer Second by. Chief Brian Park Approved Unanimously VI. DISCUSSION ITEMS 7. Standing Topics a. IT Projects Telestaff Upgrade, in progress, 3/31/19 estimated completion. ATiA (SIMS interface), in progress, 2/15/19 estimated completion. Admin Committee Minutes February 26, 2019-- Page 3 of 7 .A Page 136 00119668.1 2/26/2019 Deccan LiveMUM, in progress, 3/26/19 estimated completion. SD -WAN, in progress, 5/31/19 estimated completion. BDC Transition, in progress, 12/31/19 estimated completion. Tablet Command (Phase 2), in progress, 3/6/19 estimated completion. Active Directory Upgrade, in progress, 4/28/19 estimated completion. Verizon VPN Tunnel, in progress, 3/15/19 estimated completion. Temp Hire i. Approve hire of a temporary (contract) position to back fill long-term vacancy in MIS (two six-month terms not to exceed $50,000 per term). Use of salary savings to fund this role. Motion to approve the hiring of a temporary (contract) position to backfill a long-term vacancy in MIS (two six- month terms not to exceed .$50,000 per term) Motion by: Chief Nathan Cooke Second by: Chief Dan Harker Approved Unanimously ii. Office 365 project/Active Directory Migration (Attachment G) i. Approve contract with DynTek not to exceed $82,000 to perform the migration of the legacy CONFIRE Active Directory into the new Office 365 platform. The cost of this project will be allocated based on agency benefit as derived by the number of email accounts per agency based on the Office 365 contract with Microsoft. The cost for migration is $59.75 per account. Chiefs of affected agencies need to provide direction if funds should be drawn from agency Equipment Reserve funds (5009) or added to agency quarterly billing. All agencies have sufficient funds in 5009 to cover these costs. The CONFIRE amount will be drawn from CONFIFE Equipment Reserve fund. Chiefs tabled the topic for 3 bids or a venue/source that can take care of the vetting process. b. BDC MIS Transition Transition moving along smoothly. C. CPE Refresh Several demos have been attended. We continue to look at all available options. Admin Committee Minutes February 26, 2019-- Page 4 of 7 MR Page 137 2/26/2019 8. Old Business a. West Net Station Alerting Radio Purchase (Attachments H1 -H2) The convergence of the installation of the Westnet Station alerting system and the near completion of the County ISD 800 digital radio upgrade project necessitates agencies that have installed the Westnet system to upgrade their existing analog alerting radios to fully digital radios to receive back-up radio alerting from the Westnet system in the event of a failure in the delivery of the primary IP alerting packet. Approve sole source purchase of 36 Motorola APX 4500 Mobile Digital radios not to exceed $150,000.00. Approve sole source purchase of 24 Motorola APX 4500 and 12 APX 6500 (BDC Only) Mobile Digital radios not to exceed $150,000. The sole source justification is based on the sole use of and support of the Motorola digital radio by County ISD. The agency will only support the APX 4500 or APX 6500 for this purpose. The cost provided by the vendor is consistent with their pricing elsewhere. Motion to Approve the sole source purchase of 14 Motorola APX 4500 and 11 APX 6500 (BDConly) Mobile Digital radios not to exceed $150,000. Motion by: Chief Nathan Cooke Second by: Chief Brian Park Approved Unanimously ii. Chino membership Update (Attachments 11-12) Chino Valley Fire will be starting service with CONFIRE in March of 2019. From the beginning the organization has clearly stated its desire to become a member agency of CONFIRE at the earliest possible time. The recently approved new member process affords Chino Valley that opportunity due to its previous engagement at CONFIRE from 2000-2004. Attached is a letter dated December 12, 2018, from Chino Valley Fire Chief Tim Shackelford requesting his organization be considered for membership by the Administrative Committee and the CONFIRE Board of Directors. Board policy sets a minimum of $300,000 buy -in fee for new member agencies. Each agency is then assessed for any fees above that amount based on a call volume/CONFIRE asset formula. Based on that methodology the buy -in figure for Chino Valley Fire would be: $412,423.00. Admin Committee Minutes February 26, 2019-- Page 5 of 7 00119668.1 Page 138 00119668.1 2/26/2019 Motion to approve the Chino Valley membership and proposed "buy -in" amount. Move to Board of Directors for final consideration. Motion by: Chief Tim McHargue Second by: Chief Don Trapp Approved Unanimously 9. New Business a. First Watch Foam Module Demo (Attachment J) i. Approve CONFIRE purchase of Firstwatch F.O.A.M. module for $8540.00 (one-time) cost and $1500 annually thereafter for maintenance and support. This would make CONFIRE the primary agency. All CONFIRE agencies could then purchase the "add-on" module for $1830 (one-time) cost and $330 annually thereafter for maintenance and support. CONFIRE purchase would be funded through credit held at Firstwatch, remaining credit could fund all member agencies. Contract agencies would need to pay the additional cost. Motion to approve the purchase of Firstwatch F.O.A.M. module for $8540.00 (one-time) and $1500 annually thereafter for maintenance and support. Motion by: Chief Nathan Cooke Second by: Chief Ivan Rojer Approved Unanimously b. Apple Valley Fire membership inquiry (Attachment K) CONFIRE received a letter dated February 20, 2019, from Apple Valley Fire Protection District inquiring on membership with CONFIRE. Apple Valley is requesting specific information on membership costs, benefits, assigned obligation and contract language as well as any details about becoming and functioning as a JPA member. Motion to direct Mike Bell to respond to Apple Valley's request for membership. Motion by: Chief Tim McHargue Second by: Chief Don Trapp Approved Unanimously c. Preliminary Budget discussion The budget process is moving along, no significant changes are foreseen. By the end of March, a true preliminary budget will be presented. Chief Chamberlin requested that the Admin Chiefs address the budget for Confire administrative staff salary being divided equally among the agencies. Current Admin Committee Minutes February 26, 2019-- Page 6 of 7 HOW Page 139 00119668.1 Page 140 191CONFIR STAFF REPORT DATE: 1/15/2019 FROM: Mike Bell Director TO: Administrative Committee SUBJECT: Chino Valley Fire Membership Request Recommendation Approve Chino Valley membership request and proposed "buy -in" amount. Move to Board of Directors for final consideration Background Information Chino Valley Fire will be starting service with CONFIRE in March of 2019. From the beginning of their interaction with CONFIRE the organization has clearly stated its desire to become a member agency of CONFIRE at the earliest possible time. The recently approved new member process affords Chino Valley that opportunity due to its previous engagement at CONFIRE from 2000-2004. The current contract with Chino Valley Fire stipulates they request membership before the end of 2019. Attached is a letter dated, December 13, 2018 from Chino Valley Fire Chief Tim Shackelford requesting his organization be considered for membership by the Administrative Committee and the CONFIRE Board of Directors. Board policy sets a minimum of a $300,000 buy -in fee for new member agencies. Each agency then is assessed for any fees above that amount based on a call volume/ CONFIRE asset formula. Based on that methodology the buy -in figure for Chino Valley Fire would be: $412,423 The current JPA Agreement and By -Laws provide the additional information Chino Valley needs to consider its ultimate decision for membership. CONFIRE staff stands ready to work with Chino Valley Fire to address additional questions from their staff and Board of Directors. If approved by the Administrative Committee, the next step would be for the matter to be brought to the CONFIRE Board of Directors for approval. A resolution and JPA 00119668.1 Page 141 agreement amendment would be drafted by CONFIRE legal counsel and circulated to each member agency governing board for final approval. 00119668.1 Page 142 00119668.1 EXHIBIT C TO RESOLUTION 91 Page 143 #2 RESOLUTION NO. 2019 -05 BEFORE THE BOARD OF DIRECTORS OF THE CONSOLIDATED FIRE AGENCIES Recommendation to Admit Apple Valley Fire Protection District as a Party to Consolidated Fire Agencies ("CONFIRE") Joint Powers Agreement RECITALS WHEREAS, Apple Valley Fire Protection District ("District") is a California fire protection district duly organized and existing under Section 13800 et seq. of the Health & Safety Code. WHEREAS, Consolidated Fire Agencies ("CONFIRE") is a joint powers authority duly organized and existing under Section 6500 et seq. of the Government Code and its Joint Powers Agreement effective August 13, 1990 and amended September 17, 2013 and thereafter (collectively, the "JPA"),. WHEREAS, as set forth in Exhibit A hereto ("Administrative Committee Resolution"), the Administrative Committee of CONFIRE has recommended that this Board of Directors urge the current JPA members to amend the JPA to admit the District as a member of CONFIRE on the condition that District pay the an initial installment of a Required Buy - In to CONFIRE in the amount of Eighty -One Thousand Two Hundred Sixty -Seven Dollars ($81,267.00) on or before December 31, 2019 and agrees to pay four (4) equal subsequent annual installments of a Required Buy -In to CONFIRE concluding on or before December 31, 2024 of Eighty -One Thousand Two Hundred Sixty -Seven Dollars ($81,267.00), for a total Required Buy -In of Four Hundred Six Thousand Three Hundred Thirty -Six Dollars ($406,336.00). RESOLUTION NOW, THEREFORE, BE IT RESOLVED: 0011$796.1 00119668.1 The Board of Directors recommends that each party to the JPA take action to amend the JPA to admit the District as a member of CONFIRE on the condition that District pay the an initial installment of a Required Buy -In to CONFIRE in the amount of Eighty -One Thousand Two Hundred Sixty -Seven Dollars ($81,267.00) on or before December 31, 2019 and agrees to pay four (4) equal subsequent annual installments of a Required Buy -In to CONFIRE concluding on or before December 31, 2024 ofEighty- One Thousand Two Hundred Sixty -Seven Dollars ($81,267.00), for a total Required Buy -In of Four Hundred Six Thousand Three Hundred Thirty -Six Dollars ($406,336.00). 92 Page 144 #2 THIS RESOLUTION was passed and adopted by the Board of Directors of the Consolidated Fire Agencies at a regular meeting held on the Irl Tom' ofr ctj 4 , 2019, by the following roll call vote: / AYES: NOES: 0 ABSENT: Signed and Approved by me after its passage. Chairperson of th�oardi,,,trs Consolidated Fire Agencies ATTEST: Secretary to the Board of Directors Consolidated Fire Agencies 00118796.1 00119668.1 93 Page 145 00119668.1 Exhibit A To Resolution 2019-05 Administrative Committee Resolution MI, Page 146 #1 RESOLUTION NO. 2019-04 BEFORE THE ADMINISTRATIVE COMMITTEE OF THE CONSOLIDATED FIRE AGENCIES Recommendation to Admit Apple Valley Fire District as a Party to Consolidated Fire Agencies ("CONFIRE") Joint Powers Agreement RECITALS 1. WHEREAS, Apple Valley Fire Protection District ("District") is a California fire protection district duly organized and existing under Section 13800 et seq. of the Health & Safety Code. 2. WHEREAS, Consolidated Fire Agencies ("CONFIRE") is a joint powers authority duly organized and existing under Section 6500 et seq. of the Government Code and its Joint Powers Agreement effective August 13, amended September 3, 2013, and amended again on September 17, 2013 (collectively, the "JPA"). 3. WHEREAS, pursuant to Section 5 and Section 8 of the body of the JPA, membership in CONFIRE may be acquired by a public agency that both becomes a signatory to the JPA and obtains the unanimous consent of all parties to the JPA. 4. WHEREAS, the District desires to become a member of CONFIRE. 5, WHEREAS, CONFIRE has studied the potential impacts of the District becoming a party to the JPA. 6. WHEREAS, CONFIRE has advised the District that it must pay, as a condition of the District becoming a party to the JPA and .a member of CONFIRE, the sum of four hundred six thousand three hundred thirty-six dollars ($406,336) to the general reserve fund (5010) of CONFIRE (the "Required -Buy -In"). RESOLUTION NOW, THEREFORE, BE IT RESOLVED: 00110625.2 00119668.1 The Administrative Committee recommends to the CONFIRE Board of Directors that each current party to the JPA be urged to amend the JPA to admit the District as a member of CONFIRE on the condition that the District pay the Required -Buy -In on or before December 31, 2019. 95 Page 147 #1 THIS RESOLUTION was passed and adopted by the Administrative Committee of the Consolidated Fire Agencies at a regular meeting held on the 28th of May, 2019, by the following roll call vote: AYES: NOES: ABSENT: Signed and Approved by me after its passage. ATaTEST:5� % Secretary to the Administrative Committee Consolidated Fire Agencies 001106252 00119668.1 Chairperson of the Administrative Committee Consolidated Fire Agencies •f Page 148 DATE: August 21, 2019 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Mike McCliman, Deputy Fire Chief Pamela J. Nibert, Management Analyst III SUBJECT: CONSIDERATION TO APPROVE DOCUMENTS EXECUTING A LOT LINE MERGER AND AN EASEMENT DEED FOR PARCELS OF LAND OWNED BY THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT LOCATED AT THE NORTH EASTERN CORNER OF VINEYARD AVENUE AND SAN BERNARDINO ROAD. RECOMMENDATION: Staff recommends the Fire Board approve executing a Lot Line Merger and an Easement Deed for parcels of land owned by the Rancho Cucamonga Fire Protection District located at the north eastern corner of Vineyard Avenue and San Bernardino Road and authorize the Fire Chief to sign the Lot Line Merger and Easement Deed documents and cause the City Clerk to record said documents. BACKGROUND: The District previously purchased five (5) parcels for the purpose of building the Public Safety Facility (including the relocation of the San Bernardino Road Station (172)). These documents will combine the parcels into one parcel and grant an easement for streets, highways and related purposes to the City of Rancho Cucamonga so construction of the facility may begin. FISCAL IMPACT: No fiscal impact associated with these transactions. COUNCIL GOAL(S) ADDRESSED: This item addresses the Fire Board/Council Goal of public safety. The relocation and rebuilding of the San Bernardino Road Fire Station (172) has been a strategic Fire Board goal since 2005. Further, the City Council has continuously sought to provide a high level of Sheriff patrol and enforcement throughout the city. The addition of this facility now provides a community based station within the eastern, central, and western areas of the city. This will support the goal for timely, efficient and effective response and enhanced public safety for the community. ATTACHMENTS: Description Attachment 1 - Lot Line Merger Document Attachment 2 - Easement Deed Document Page 149 RECORDING REQUESTED BY City of Rancho Cucamonga WHEN RECORDED MAIL TO Engineering Land Dev. Division City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 ATTACHMENT 1 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Rancho Cucamonga, County of San Bernardino, State of California Certificate of Compliance No. 2018-00011 For Lot Line Merger OWNERS CERTIFICATE: WE HEREBY CERTIFY that we are all and the only parties having any record title interest in the land described in the attached description and we consent to the preparation and recordation of this certificate and the attached description. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, a public body corporate and politic DATE SIGNATURE NAME TYPED OR PRINTED Number of Parcels: 5 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness, accuracv or validitv of that document. CITY ENGINEERS CERTIFICATE: This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances enacted pursuant thereto. The parcel(s) described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto. Development of the parcel(s) may require issuance of a permit or permits, or other grantor grants of approval. RCE Seal Dated: By: RCE No. 67514 Jason C. Welday City Engineer, City of Rancho Cucamonga Assessor Parcel No(s). 0207-101-48; 0208-091-36,56,57&72 Page 150 �S^vim'^^."�`.�`c�--"�.i^1..�.O.ccs`i��F+c��l:.ala?"�'�''.'d.�_,.__...._..'_....".,.-^.."_....<<��^.,f:i`.:f'Y�`f^C7,�Cr�nr..!±±rv+.e'.t;ewe.:.c=£�rF;c�c^�<=✓�.cv�,C,`�+,�—� x..n: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On Date personally appeared before me, Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above I OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): 0 Partner — ❑ Limited ❑ General E Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator u Other: Signer Is Representing: Signer's Name: F i Corporate Officer — Title(s): u Partner — i=._, Limited ❑ General El Individual ❑ Attorney in Fact D Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Page 151 Exhibit "A" LEGAL DESCRIPTION AFTER LOT MERGER Certificate of Compliance for Lot Merger LLA 2018-00011 PARCEL 1 In the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows: Lot 10 of Subdivision "B" of Cucamonga Vineyard Tract as per Map recorded in Book 20, Page 45 of Maps, in the office of the County Recorder of said county, including that portion of Carnelian Street adjoining said portion of Lot 10 on the west vacated by Resolution No. 10-027 by the Board of Supervisors of the County of San Bernardino, California, which would pass by operation of law with a conveyance of said land; and excepting that portion of said Lot 10 lying northeasterly of the southwesterly right-of-way of Vineyard Avenue. Together with Parcel 1 of Parcel Map No. 10238 as per Parcel Map recorded in Book 134, Pages 64 and 65 of Parcel Maps, in the office of the County Recorder of said county. Contains 2.45 acres, more or less. See Exhibit "B" attached hereto and made a part hereof. Prepared by: Dan Guerra & Associates 10271-B Trademark St Rancho Cucamonga, CA 91730 (909) 987-4306 Daniel E1 Guerra, P.E. RCE 29224 UWE Page 1 of 1 M.: QROFESSIO� LU M ST civ IL �P \TF OF CA�FO� Page 152 EXHIBIT"B" QRoFESs/p� = for LOT LINE ADJUSTMENT LLA 2018-00011 ��Q ��� ` E. o�F 1 <" PLAT TO ACCOMPANY LEGAL DESCRIPTION z Z R. E. 29224 s�t�lo1 `rT CIVIC �P 0 100 200 ATE OF cA\-�Fo� SCALE: 1 "=100' �� I %k SEE SHEET 2 OF 2 p / FOR LEGEND & SOP cJ` I LINE DATA TABLE cjS 'N') G IQPG LLI o cJ� 9LF I (2�1'� 4) t a V 0V— PARCEL 1L 1-0 CL- I �I-al I� L 1 I 3 L2 L12 _ AN L3 BERNARDINO RD L 1 1 T (418.0l') (N 88°27'20" W 513.901) 513.73' I -k: w Qs = MS), 20/41 w t Page 1 of 2 > Page 153 EXHIBIT "B" for LOT LINE ADJUSTMENT LLA 2018-00011 PLAT TO ACCOMPANY LEGAL DESCRIPTION No. Bearing Radius Length L1 N 88°27'20" W 20.16' L2 N 07°39'20" W 3.04' L3 N 88°27'20" W 266.37' L4 N 69°55'38" W 38.15' L5 N 73°27'16" W 23.85' L6 N 03'44'37" W 130.71' L7 N 41' 15'01 " E 238.82' L8 N 43°22'31 " W 222.23' L9 N 40° 18'23" W 121.61' 1-10 N 25° 15'57" W 112.20' L11 N 88°27'20" W 95.72' L12 N 88°27'20" W 45.72' LEGEND No. Delta Angle Radius Length C1 105'00'04" 50.00' 91.63' C2 06°50'00" 807.69' 96.33' C3 116°48'37" 20.00' 40.77' LOT LINE AFTER LOT MERGER — — — — — EXISTING LOT LINE TO BE DELETED EXISTING LOT LINE TO REMAIN EXISTING STREET RIGHT–OF–WAY EXISTING STREET CENTERLINE ,??,OF ESS/0H1 w rn � rn R. E. 29224 </I),111 rT CIV Il 9TF Page 2 of 2 OF CAL Page 154 RECORDING REQUESTED BY City of Rancho Cucamonga WHEN RECORDED MAIL TO City of Rancho Cucamonga Engineering Land Dev. Dept. P.O. Box 807 Rancho Cucamonga, CA 91729 NO FEE PER GOVT. CODE 27383 Assessor Parcel No(s). ATTACHMENT 2 SPACE ABOVE THIS LINE FOR RECORDER'S USE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, a public body corporate and politic Owner(s) GRANT(S) to the City of Rancho Cucamonga, a Municipal Corporation, an Easement for STREETS, HIGHWAYS AND RELATED PURPOSES, in, over and upon that certain real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described and shown on the attached EXHIBITS "A" and "B". Date Signature Date Signature Name & Title, Company Name & Title, Company (Typed or Printed) (Typed or Printed) RCE Seal MAIL TAX STATEMENTS TO Name: City of Rancho Cucamonga Street: P.O. Box 807 City & State: Rancho Cucamonga, CA 91729 This is to certify that the interest in real property conveyed by the within instrument to the City of Rancho Cucamonga, a Governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City of Rancho Cucamonga pursuant to authority conferred by resolution of the City Council, adopted on July 6, 1988 and the grantee consents to the recordation thereof by its duly authorized officer. Dated: By: Jason C. Welday, City Engineer City of Rancho Cucamonga DOCUMENTARY TRANSFER TAX $ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE. CITY OF RANCHO CUCAMONGA Signature of Declarant or Agent determining tax. Firm Name ATTACH COMPLETED NOTARY ACKNOWLEDGEMENT(S) Page 155 Exhibit "A" LEGAL DESCRIPTION for STREET EASEMENT Being portions of Parcel 1 of Certificate for Compliance for Lot Line Adjustment recorded , 2019 as Document No. , official records of the County of San Bernardino, described as follows: PARCEL A BEGINNING at the southwest corner of said Parcel 1, said point being on a non -tangent curve, concave westerly and having a radius of 807.69 feet, a radial through said point bears S 86°54'37" E; THENCE northerly along said curve and the westerly line of said Parcel 1 through a central angle of 02'29'5 1" an arc distance of 35.21 feet to a non -tangent curve concave southeasterly and having a radius of 61.00 feet, a radial through said point bears N 53°12'35" W; THENCE northeasterly, easterly and southeasterly along said curve through a central angle of 69'45'15" an arc distance of 74.26 feet; THENCE S 73°27'20" E a distance of 87.51 feet to a tangent curve concave northeasterly and having a radius of 96.00 feet; THENCE southeasterly and easterly along said curve through a central angle of 15°00'00" an arc distance of 25.13 feet; THENCE S 88°27'20" E a distance of 212.87 feet to an angle point in the south line of said Parcel 1; THENCE S 07°39'20" E a distance of 3.04 feet to a point on the south line of said Parcel 1; THENCE N 88°27'20" W along said south line a distance of 266.37 feet; THENCE N 69°55'38" W a distance of 38.15 feet; THENCE N 73'27'16" W a distance of 23.85 feet to a tangent curve concave southeasterly and having a radius of 50.00 feet; THENCE northwesterly, westerly, southwesterly and southerly along said curve through a central angle of 105°00'04" an arc distance of 91.63 feet to the southwest corner of said Parcel 1 and the POINT OF BEGINNING. Contains 2,576 square feet, more or less. See Exhibit "B" attached hereto and made a part hereof. PARCEL B BEGINNING at the southeast corner of said Parcel 1, said point being 33.00 feet northerly of the centerline of San Bernardino Road and the beginning of a tangent curve, concave northwesterly and Page 1 of 2 Page 156 having a radius of 20.00 feet; THENCE easterly, northeasterly, northerly and northwesterly along said curve and the easterly line of said Parcel 1 through a central angle of 116°48'37" an arc distance of 40.77 feet; THENCE S 33°08'21" W a distance of 34.07 feet to the southerly line of said Parcel 1 and the POINT OF BEGINNING. Contains 229 square feet, more or less. See Exhibit "B" attached hereto and made a part hereof. Prepared by: Dan Guerra & Associates 10271-B Trademark Street Rancho Cucamonga, CA 91730 (909) 987-4306 E. Guerra, P.E. RCE Page 2 of 2 RIM Date FESS/GN\ � Z W R.C.E. 29224 ST CIV IL �TF OF CALFC� Page 157 N01NE E R P �0 N U L, W �(► > ''�SIS32� CN O O O 0 i �r O Ln n lo n r O n 0 �� � 0 00 (o o � N !') N N a7 � n r� 00 �' O Ln O o o a O� N�� O O O p O C0 � � � � Lo oo O � N �_ Z Z Z Z Z O �-- N n "t Ln Ln Ln Q o �-- O 00 O O � LO O '�t- N O N � Ln <- C� O c0 O� O � Ln � � Z U U U U U i �r O Ln n in oo N --- Ln 00 r O n 0 �� W 0 00 (o o N !') N N a7 LO n r� 00 �' � Ln N N O N�� z0 p O C0 � � � a� J Z 00 W 00 Z � m Z Z Z Z Z O �-- N n "t Ln Ln Ln ZLn W J J � w v HIaON- 0 a�dX\3NIA Ln - O W U CL W J O �p 193 Page 158 0 �� � O 0 N - N � -1 s' N I N 00 00 N�� z0 S� N N 0 � 00 h � N Q J Z 00 W 00 Z � Z W co I W vl(<n L P- W U CL W J O �p 193 Page 158 DATE: August 21, 2019 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Jason C. Welday, Director Engineering Services/City Engineer Brian Sandona, Senior Civil Engineer SUBJECT: CONSIDERATION OF AN EASEMENT DEED TO THE CITY OF RANCHO CUCAMONGA FOR PUBLIC UTILITIES PURPOSES AND AN ENCROACHMENT AGREEMENT WITH DAY CREEK SENIOR HOUSING PARTNERS, L.P. A CALIFORNIA LIMITED PARTNERSHIP AND DAY CREEK SENIOR HOUSING PARTNERS 2 L.P. A CALIFORNIA LIMITED PARTNERSHIP, AT THE DAY CREEK STATION. RECOMMENDATION: Staff recommends that the Board of Directors approve the easement deed to the City of Rancho Cucamonga for public utilities purposes and authorize the Fire Chief to sign said easement deed; and approve an encroachment agreement with Day Creek Senior Housing Partners, L.P. and Day Creek Senior Housing Partners 2 L.P. (both on file with the City Clerk) and authorize the Fire Chief to sign said agreement and cause the City Clerk to record said agreement. BACKGROUND: On May 10, 2017, the Planning Commission approved Planning Case No. DRC2016-00966 for a 140 - unit, affordable senior housing development on 4 acres of land at the terminus of Firehouse Court west of Day Creek Boulevard. DRC2016-00814 is located at the end of a cul-de-sac with minimal property fronting Firehouse Court. It is necessary to provide public utilities to the property that do not interfere with the drive access to the property. To facilitate providing public utilities to the subject property, the City is requiring that the Fire District provide a public utilities easement across the southernmost 46 feet of the Fire District property. DRC2016-00814 was approved subject to certain conditions of approval. As a condition of approval, the developer is required to obtain permission from the adjacent property owner to construct property walls. In this case a portion of the perimeter wall will be constructed entirely on Fire District property and requires an encroachment agreement between the Fire District and Day Creek Senior Housing Partners L.P. and Day Creek Senior Housing Partners 2 L.P. ANALYSIS: The developer, Day Creek Senior Housing Partners, L.P. and Day Creek Senior Housing Partners 2 L.P. has provided an encroachment agreement for the wall encroachment onto the Fire District Property at the north westerly corner and an easement deed for the public utility easement at the 46 southernmost feet of the property. Approval and execution of these documents will allow the developer Page 159 to move forward with their project as it was approved by the Planning Commission. FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: Enhancing Premier Community Status in our region through maintaining a safe and aesthetically pleasing Fire facility and affordable senior housing. Page 160 DATE: August 21, 2019 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Alberto Espinoza, Interim Public Works Services Director Ivan Rojer, Fire Chief SUBJECT: CONSIDERATION TO AWARD A CONTRACT TO ASSI SECURITY INCORPORATED FOR MAINTENANCE, REPAIRS, AND INSTALLATIONS OF SECURITY ACCESS CONTROL EQUIPMENT IN FIRE DISTRICT FACILITIES IN AN AMOUNT NOT TO EXCEED $10,000 FOR FY 2019/2020. RECOMMENDATION: Staff recommends the Board of Directors award and authorize the execution of a contract with ASSI Security Incorporated for maintenance, repairs, and installations of security access control equipment in Fire District facilities effective July 1, 2019 through June 30, 2020, with an option to renew in (1) year increments for a maximum of seven (7) years, in an amount not to exceed $10,000 for FY 2019/2020 and an estimated total contract value of $70,000 over seven years, and authorize the City Manager to renew the contract annually. = i 44 Kel af111 "I Since 2012, the Rancho Cucamonga Fire Protection District (RCFPD) has worked with ASSI Security Incorporated (ASSI) for the installation, maintenance, and repairs of the access control equipment in RCFPD facilities. It is worth noting that the RCFPD was added to the City of Rancho Cucamonga's (City) contract with ASSI from 2012 and that the City has worked with ASSI since 1999. Since then, ASSI has been the sole source provider of all the access controls, some surveillance systems and related maintenance for 7 RCFPD stations and 15 City facilities, including over 400 access readers, 150 cameras, and over 1,500 card key holders. ANALYSIS: It is imperative that any new security system blend seamlessly with the current system using the same program, components, and database due to the extremely critical and sensitive nature of these security systems and software programs and their relation to the security of the RCFPD's and City's facilities and occupants. In working with ASSI over the years, the RCFPD has minimized threats and risks to the security of its access control systems. In addition, ASSI has a strong history of providing excellent service and competitive pricing to the RCFPD. Staff recommends the Fire Board approve the award of the contract effective July 1, 2019, thereby approving the spending limit of $10,000 for FY 2019/2020 and $70,000 for the seven-year term of the contract and authorizing the City Manager to renew the contract annually. An additional $62,000 for FY 2019/2020 for maintenance, repairs, and installations of security access Page 161 control equipment in City facilities will be considered separately by the City Council. FISCAL IMPACT: The contract price is within the contract services budget line items in 3281529-5304 (Fire Fund / Fire Facilities Maintenance / Access Control) in the approved budget for FY 2019/2020. COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's goal of Enhancing Premier Community Status through the maintenance of RCFPD facilities. ATTACHMENTS: Description Contract Page 162 Attachment 1 - Contract AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 21st day of August, 2019, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and the Rancho Cucamonga Fire Protection District ("RCFPD") and ASSI Security Incorporated, a Contractor ("Contractor"). RECITALS A. City and RCFPD has heretofore issued its request for proposals to perform the following services: for maintenance, repairs, and installations of security access control equipment in City of Rancho Cucamonga and Rancho Cucamonga Fire Protection District facilities ("the Project"). B. Contractor has submitted a proposal to perform the services described in Recital "A", above, necessary to complete the Project. C. City and RCFPD desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D. Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City and RCFPD hereby engages Contractor to perform all services described in Recitals "A" and `B" above, including, but not limited to n/a, all as more fully set forth in the Contractor's proposal, dated July 23, 2019 and entitled "Scope of Work", attached hereto as Exhibit "A", and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as "the Services." In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City and RCFPD, the Contractor will promptly meet with City and RCFPD staff to discuss any revisions to the Project desired by the City and RCFPD. Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Contractor's compensation v enuor lnuuats PSA without professional liability insurance (contractor) Page I Last Revised: 10/02/13 Page 163 based thereon. A revision pursuant to this Section that does not increase the total cost payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City's Manager without amendment. 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a "Schedule of Performance", if such Schedule is attached hereto as Exhibit "A". 1.4 Standard of Care. As a material inducement to City and RCFPD to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City and RCFPD of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City and RCFPD Representative. 2. Term of Agreement. The term of this Agreement shall be one (1) year(s) and shall become effective as of the date of the mutual execution by way of both parties signature (the "Effective Date"). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year(s) increments to a total of seven (7) years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager's approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City and RCFPD. 3. Compensation. 3.1 Compensation. City and RCFPD shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed $72,000 (seventy two thousand dollars), including all out of pocket expenses, unless additional compensation is approved by the City Manager or v enuor lnuuats PSA without professional liability insurance (contractor) Page 2 Last Revised: 10/02/13 Page 164 City Council. City and RCFPD shall not withhold any federal, state or other taxes, or other deductions. However, City and RCFPD shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City and RCFPD shall compensate Contractor for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City and RCFPD monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City and RCFPD shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City and RCFPD shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not -to -exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City and RCFPD. 5. Representatives. 5.1 City and RCFPD Representative. For the purposes of this Agreement, the contract administrator and City and RCFPD's representative shall be Neil Plummer, or such other person as designated in writing by the City and RCFPD ("City and RCFPD Representative"). It shall be Contractor's responsibility to assure that the City and RCFPD Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City and RCFPD to the City and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD required hereunder shall mean the approval of the City and RCFPD Representative. 5.2 Contractor Representative. For the purposes of this Agreement, Laura Petras is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Contractor's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor's Representative were a substantial inducement for City and RCFPD to enter into this v enuor lnuuats PSA without professional liability insurance (contractor) Page 3 Last Revised: 10/02/13 Page 165 Agreement. Therefore, the Contractor's Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City and RCFPD. 6. Contractor's Personnel. 6.1 All Services shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City and RCFPD business license as required by the City's Municipal Code. 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Contractor shall be responsible for payment of all employees' and subcontractors' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and RCFPD and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's violations of personnel practices and/or any violation of the California Labor Code. City and RCFPD shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City and RCFPD from Contractor as a result of Contractor's failure to promptly pay to City and RCFPD any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, "Work Product"), are considered to be "works made for hire" for the benefit of the City and RCFPD. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City and RCFPD without restriction or limitation upon its use or dissemination by City and RCFPD. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made v enuor lntuuis PSA without professional liability insurance (contractor) Page 4 Last Revised: 10/02/13 Page 166 available to City and RCFPD. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City and RCFPD. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City and RCFPD upon written demand by City and RCFPD for their delivery, notwithstanding any disputes between Contractor and City and RCFPD concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City and RCFPD's reuse of the Work Product for any purpose other than the Project, shall be at City and RCFPD's sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City and RCFPD by Section 7. 1, above, the Contractor shall be deemed to grant and assign to City and RCFPD, and shall require all of its subcontractors to assign to City and RCFPD, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City and RCFPD shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City and RCFPD has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City and RCFPD, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, harmless from any loss, claim or liability in any way related to a claim that City and RCFPD's use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City and RCFPD's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City and RCFPD the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City and RCFPD; or (b) modify the Work Product so that it becomes non -infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Contractor is, and shall at all times remain as to City and RCFPD, a wholly independent contractor. Contractor shall have no v enuor lnuuats PSA without professional liability insurance (contractor) Page 5 Last Revised: 10/02/13 Page 167 power to incur any debt, obligation, or liability on behalf of City and RCFPD or otherwise act as an agent of City and RCFPD. Neither City and RCFPD nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City and RCFPD. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City and RCFPD harmless from any and all taxes, assessments, penalties, and interest asserted against City and RCFPD by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees 9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City and RCFPD employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City and RCFPD. City and RCFPD shall grant such authorization if applicable law requires disclosure. All City and RCFPD data shall be returned to City and RCFPD upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City and RCFPD on any matter in connection with which Contractor has been retained. 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City and RCFPD shall have the right, at its sole and absolute discretion, to terminate this Agreement without v enuor lnuuats PSA without professional liability insurance (contractor) Page 6 Last Revised: 10/02/13 Page 168 further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Contractor has no knowledge that any officer or employee of City and RCFPD has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City and RCFPD, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City and RCFPD, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials and RCFPD, (collectively, "Indemnitees"),free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City and RCFPD's choice, and shall pay all costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City and RCFPD, or the deposit with City and RCFPD, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. 11.4 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. v enuor lnuuats PSA without professional liability insurance (contractor) Page 7 Last Revised: 10/02/13 Page 169 12. Insurance. 12.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees or subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City and RCFPD, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. (4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City and RCFPD. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this agreement. PSA without professional liability insurance (contractor) Last Revised: 10/02/13 v enuor lnuuats Page 8 Page 170 12.4 Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and RCFPD and shall not reduce the limits of coverage. City and RCFPD reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City , RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, RCFPD, its officers, officials, employ designated volunteers or agents serving as independent contractors in the role of City and RCFPD officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD officials. Any insurance or self-insurance maintained by City , RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and RCFPD officials shall be in excess of Contractor's insurance and shall not contribute with it. (3) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor PSA without professional liability insurance (contractor) Last Revised: 10/02/13 v enuor lnuuats Page 9 Page 171 fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City and RCFPD may procure such insurance at Contractor's sole cost and expense. (5) Each insurance policy required by this clause shall expressly waive the insurer's right of subrogation against City and RCFPD, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials. (6) Each policy shall be issued by an insurance company approved in writing by City and RCFPD, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City and RCFPD in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City and RCFPD with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker's Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City and RCFPD before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City and RCFPD with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of v enuor lnuuats PSA without professional liability insurance (contractor) Page 10 Last Revised: 10/02/13 Page 172 this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor's work. Contractor shall require its subcontractors to be bound to Contractor and City and RCFPD in the same manner and to the same extent as Contractor is bound to City and RCFPD pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub -subcontractor. 13. Cooperation. In the event any claim or action is brought against City and RCFPD relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City and RCFPD might require. City and RCFPD shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City and RCFPD shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City and RCFPD exercises its right to terminate this Agreement, City and RCFPD shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City and RCFPD by reason of such termination, including any claim for compensation. City and RCFPD may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Contractor may terminate this Agreement for cause upon giving the City and RCFPD ten (10) business days prior written notice for any of the following: (1) uncured breach by the City and RCFPD of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City and RCFPD's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City and RCFPD: Neil Plummer, Facilities Supervisor 8794 Lion Street Rancho Cucamonga, CA 91730 PSA without professional liability insurance (contractor) Last Revised: 10102113 v enuor lnuuats Page 11 Page 173 If to Contractor: Laura Petras, Contracts Administrator 1370 Reynolds Avenue, Suite 201 Irvine, CA 92614 16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor's obligations hereunder without City and RCFPD's prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and compliance with other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetennination.htm Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City and RCFPD, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City and RCFPD of any payment to Contractor constitute or be construed as a waiver by City and RCFPD of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City and RCFPD v enuor lnuuats PSA without professional liability insurance (contractor) Page 12 Last Revised: 10/02/13 Page 174 shall in no way impair or prejudice any right or remedy available to City and RCFPD with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City and RCFPD. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: ASSI Security Incorporated By: Name Title By: Name Date Date PSA without professional liability insurance (contractor) Last Revised: 10/02/13 City of Rancho Cucamonga By: Name Title Date City of Rancho Cucamonga Fire Protection District LOW Name Date v enuor lnuuats Page 13 Page 175 Title Title (two signatures required if corporation) PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Vendor Initials Page 14 Page 176 %W '/ July 23, 2019 Ms. Caroline Velarde City of Rancho Cucamonga 9153 Ninth Street Rancho Cucamonga, CA 91730 fH55VDLUUHI I Y RE: Continued Service Agreement (CO#12-071 for Fiscal Year 19/20) Dear Caroline: In response to your 7/22/18 email, ASSI is pleased to provide you with the attached price list for utilization during your 2019/2020 budget period. We thank you for the opportunity to continue to work with the City and we look forward to serving you. Please feel free to call me at any time. Sincerely, v Laura Petras Contracts Administrator ASSI Security, Inc. LP/ms Attachment cc: Michael Willey Neil Plummer 1370 Reynolds Ave. • Suite 201 • Irvine, CA 92614 • Ph 949.955.0244 • Fax 949.955.1944 • www.assisecurity.com Page 177 %w ASSISECURITY CITY OF RANCHO CUCAMONGA CONTRACT CO 12-071 PRICING FOR FY 19/20 (updated 7/23/19) Equipment Unit Price Description Effective 5/17/18 thru 5/16/19 Comments DSX 1022 Panel (Board Only) $ 860.00 Replaced 1021 board DSX-1022NV Intelligent 2 -Door 1/0 Controller $ 1,070.00 Replaced DSX 1022PKG DSX 1042 Panel (Board Only) $ 795.00 DSX 1042PKG Intelligent 2 -door Package $ 1,260.00 DSX 1043 Panel (Board Only) $ 600.00 DSX 1043PKG $ 1,025.00 DSX-LAN Data Converter $ 260.00 DSX-1040CDM Communication Distribution Module $ 195.00 DSX-1040PDM Power Distribution Module $ 185.00 DSX DSX-SWS150/28 Lock Power Supply $ 135.00 Replaced DSX AS 150 DSX MCI Data Converter $ 110.00 DSX Winstart Software $ 365.00 Altronix ALT244 Power Supply $ 80.00 HID 5395CG100 Card Reader $ 180.00 HID 5365EGP00 Card Reader $ 200.00 HID 5375AGN00 Card Reader $ 520.00 HID Prox Point Card Reader $ 100.00 Bosch BCH-DS936 Motion Sensor $ 80.00 Replaced DSC ALPA-DMP-461 & DSC-KIT3251 CPO1 NT Alarm Panel Kit $ 190.00 ALPA-BCH-D8125 Aiphone AIP-RY-PA Relay $ 15.00 Idec I DC-(RH 1 BUDC1 2V) Relay $ 10.00 Replaced ICS100-CRV3A, ICS110- Pelco PEL-FD5-IRV10-6 Fixed Camera $ 450.00 CDV39A & IS150-CHV9 Weldex WDD-4925C Fixed Camera $ 300.00 Weldex WDDF-2405DN Fixed Camera $ 275.00 Norther NOR-LED17ST 17" Monitor $ 275.00 Replaced VE710B Hourly Labor Rates New Installation Regular OT Premium Clerical/Admin $70.00 $105.00 $140.00 Apprentice $90.00 $135.00 $180.00 Journeyman $95.00 $142.50 $190.00 Superintendent/Foreman/Project Mgr $120.00 $180.00 $240.00 General Foreman/General Mgr $120.00 $180.00 $240.00 Engineer $105.00 $157.50 $210.00 Programmer/Trainer $125.00 $187.50 $250.00 Service (Maintenance/Time & Materials)* $135 for the first hour; $100.00 for each hour thereafter * Service rates are based upon a 1 hr. minimum and assume work to be performed during ASSI's normal busi- ness hours. After hours rate is $210/hr. and is subject to travel time as well. **All Prices are guaranteed for one year Page 178 Attachment A — Sample Waiver of Subrogation (Sample Only — Not all forms will look identical to this Sample) -A' TRAVELERS J POLICY NUMBER. WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) -ni WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) This agreement shall not operate directly or Indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or 0fficialc DESIGNATED ORGANIZATION: PSA without professional liability insurance (contractor) Last Revised: 10/02/13 v enuor lntuats Page 17 Page 179 Attachment B — Sample Additional Insured for On-going Projects POLICY NUMBER- COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Or anization s : Locations Of Covered Operations The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional is the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. CG 20 10 07 04 13. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This Insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work. on the project (other than service. maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project, (9� ISO Properties, Inc., 2004 PSA without professional liability insurance (contractor) Last Revised: 10102113 Page 1 of 1 ❑ venaor lnttza[s Page 18 Page 180 DATE: August 21, 2019 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Alberto Espinoza, Interim Public Works Services Director Ivan Rojer, Fire Chief SUBJECT: CONSIDERATION TO AWARD A CONTRACT TO MIJAC ALARM FOR FIRE AND BURGLAR ALARM SYSTEM SERVICES IN AN AMOUNT NOT TO EXCEED $8,000 FOR FY 2019/2020. RECOMMENDATION: Staff recommends the Board of Directors award and authorize the execution of a contract with MIJAC Alarm for fire and burglar alarm system services, effective July 1, 2019 through June 30, 2020, with an option to renew in (1) year increments for a maximum of seven (7) years, in an amount not to exceed $8,000 for FY 2019/2020 and an estimated total contract value of $56,000 over seven years, and authorize the City Manager to renew the contract annually. BACKGROUND: The City of Rancho Cucamonga (City) and the Rancho Cucamonga Fire Protection District (RCFPD) have more than thirty-five facilities which are equipped with fire and burglar alarm systems. Each building has equipment that is solely maintained and monitored by MIJAC Alarm, including fire alarm panels, fire annunciators, burglar panels, smoke detectors, heat detectors, pull stations, fire strobes, elevator fire systems, panic alarm modules, panic alarm panels and OS&Y valve tamper switches. MIJAC has been the sole source provider to the City since 2012, and RCFPD since 2013 for the installation, programming, maintenance, repair, and monitoring of fire and burglar alarm equipment. ANALYSIS: To maintain security of the RCFPD facilities and keep replacement costs for monitoring equipment minimal, staff recommends the RCFPD continue to work with MIJAC to meet its fire and burglar alarm system service needs. In addition, MIJAC has submitted a proposal expressing their desire to work with the RCFPD in providing fire and burglar alarm system services. The term of the proposed contract is one year, with the option to renew in one-year increments for a maximum of seven years through June 30, 2026. MIJAC Alarm has provided services meeting the needs of the RCFPD. Staff recommends the Fire Board approve the award of the contract effective July 1, 2019, thereby approving the spending limit of $8,000 for FY 2019/2020 and $56,000 for the seven-year term of the contract and authorizing the City Manager to renew the contract annually. An additional $72,000 for fire and burglar alarm system services for the City facilities will be considered separately by the City Council. FISCAL IMPACT: Page 181 The contract price is within the contract services budget line item in 3281529-5304 (Fire Fund / Fire Facilities Maintenance / Alarm Maintenance Agreement) in the approved budget for FY 2019/2020. COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's goal of Enhancing Premier Community Status through the maintenance of RCFPD facilities. ATTACHMENTS: Description Contract Page 182 Attachment 1 - Contract AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 21st day of August, 2019, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and the Rancho Cucamonga Fire Protection District ("RCFPD") and Mijac Alarm, a Alarm Company ("Contractor"). RECITALS A. City and RCFPD has heretofore issued its request for proposals to perform the following services: Fire and burglar alarm system services ("the Project"). B. Contractor has submitted a proposal to perform the services described in Recital "A", above, necessary to complete the Project. C. City and RCFPD desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D. Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City and RCFPD hereby engages Contractor to perform all services described in Recitals "A" and "B" above, including, but not limited to n/a, all as more fully set forth in the Contractor's proposal, dated October 16, 2018 and entitled "Scope of Work", attached hereto as Exhibit "A", and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as "the Services." In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City and RCFPD, the Contractor will promptly meet with City and RCFPD staff to discuss any revisions to the Project desired by the City and RCFPD. Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Contractor's compensation based thereon. A revision pursuant to this Section that does not increase the total cost v ermur intutus PSA without professional liability insurance (contractor) Page I Last Revised: 10/02/13 Page 183 payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City's Manager without amendment. 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a "Schedule of Performance", if such Schedule is attached hereto as Exhibit "A". 1.4 Standard of Care. As a material inducement to City and RCFPD to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City and RCFPD of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City and RCFPD Representative. 2. Term of Agreement. The term of this Agreement shall be one (1) year(s) and shall become effective as of the date of the mutual execution by way of both parties signature (the "Effective Date"). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year(s) increments to a total of seven (7) years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager's approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City and RCFPD. 3. Compensation. 3.1 Compensation. City and RCFPD shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed $80,000 (eighty thousand dollars), including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City and RCFPD shall not withhold any federal, state or other taxes, or other v enuur intuaes PSA without professional liability insurance (contractor) Page 2 Last Revised: 10/02/13 Page 184 deductions. However, City and RCFPD shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City and RCFPD shall compensate Contractor for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City and RCFPD monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City and RCFPD shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City and RCFPD shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not -to -exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City and RCFPD. 5. Representatives. 5.1 City and RCFPD Representative. For the purposes of this Agreement, the contract administrator and City and RCFPD's representative shall be Paul Fisher, or such other person as designated in writing by the City and RCFPD ("City and RCFPD Representative"). It shall be Contractor's responsibility to assure that the City and RCFPD Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City and RCFPD to the City and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD required hereunder shall mean the approval of the City and RCFPD Representative. 5.2 Contractor Representative. For the purposes of this Agreement, Tamera Guarnieri is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Contractor's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor's Representative were a substantial inducement for City and RCFPD to enter into this Agreement. Therefore, the Contractor's Representative shall be responsible during the v enuur intuaes PSA without professional liability insurance (contractor) Page 3 Last Revised: 10/02/13 Page 185 term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City and RCFPD. 6. Contractor's Personnel. 6.1 All Services shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City and RCFPD business license as required by the City's Municipal Code. 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Contractor shall be responsible for payment of all employees' and subcontractors' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and RCFPD and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's violations of personnel practices and/or any violation of the California Labor Code. City and RCFPD shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City and RCFPD from Contractor as a result of Contractor's failure to promptly pay to City and RCFPD any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, "Work Product"), are considered to be "works made for hire" for the benefit of the City and RCFPD. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City and RCFPD without restriction or limitation upon its use or dissemination by City and RCFPD. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City and RCFPD. None of the Work Product shall be the subject of any v enuur intuaes PSA without professional liability insurance (contractor) Page 4 Last Revised: 10/02/13 Page 186 common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City and RCFPD. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City and RCFPD upon written demand by City and RCFPD for their delivery, notwithstanding any disputes between Contractor and City and RCFPD concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City and RCFPD's reuse of the Work Product for any purpose other than the Project, shall be at City and RCFPD's sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City and RCFPD by Section 7. 1, above, the Contractor shall be deemed to grant and assign to City and RCFPD, and shall require all of its subcontractors to assign to City and RCFPD, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City and RCFPD shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City and RCFPD has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City and RCFPD, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, harmless from any loss, claim or liability in any way related to a claim that City and RCFPD's use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City and RCFPD's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City and RCFPD the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City and RCFPD; or (b) modify the Work Product so that it becomes non -infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Contractor is, and shall at all times remain as to City and RCFPD, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City and RCFPD or v enuur intuaes PSA without professional liability insurance (contractor) Page S Last Revised: 10/02/13 Page 187 otherwise act as an agent of City and RCFPD. Neither City and RCFPD nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City and RCFPD. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City and RCFPD harmless from any and all taxes, assessments, penalties, and interest asserted against City and RCFPD by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees 9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City and RCFPD employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City and RCFPD. City and RCFPD shall grant such authorization if applicable law requires disclosure. All City and RCFPD data shall be returned to City and RCFPD upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City and RCFPD on any matter in connection with which Contractor has been retained. 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City and RCFPD shall have the right, at its sole and absolute discretion, to terminate this Agreement without v enuur intuaes PSA without professional liability insurance (contractor) Page 6 Last Revised: 10/02/13 Page 188 further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Contractor has no knowledge that any officer or employee of City and RCFPD has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City and RCFPD, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City and RCFPD, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials and RCFPD, (collectively, "Indemnitees"), free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City and RCFPD's choice, and shall pay all costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City and RCFPD, or the deposit with City and RCFPD, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subro ag tion. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. 11.4 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. v enuur intuaes PSA without professional liability insurance (contractor) Page 7 Last Revised: 10/02/13 Page 189 12. Insurance. 12.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees or subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City and RCFPD, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. (4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City and RCFPD. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this agreement. PSA without professional liability insurance (contractor) Last Revised: 10/02/13 v enuur intuaes Page 8 Page 190 12.4 Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and RCFPD and shall not reduce the limits of coverage. City and RCFPD reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City , RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, RCFPD, its officers, officials, employ designated volunteers or agents serving as independent contractors in the role of City and RCFPD officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD officials. Any insurance or self-insurance maintained by City , RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and RCFPD officials shall be in excess of Contractor's insurance and shall not contribute with it. (3) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor PSA without professional liability insurance (contractor) Last Revised: 10/02/13 v enuur intuaes Page 9 Page 191 fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City and RCFPD may procure such insurance at Contractor's sole cost and expense. (5) Each insurance policy required by this clause shall expressly waive the insurer's right of subrogation against City and RCFPD, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials. (6) Each policy shall be issued by an insurance company approved in writing by City and RCFPD, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City and RCFPD in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City and RCFPD with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker's Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City and RCFPD before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City and RCFPD with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of v enuur intuaes PSA without professional liability insurance (contractor) Page 10 Last Revised: 10/02/13 Page 192 this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor's work. Contractor shall require its subcontractors to be bound to Contractor and City and RCFPD in the same manner and to the same extent as Contractor is bound to City and RCFPD pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub -subcontractor. 13. Cooperation. In the event any claim or action is brought against City and RCFPD relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City and RCFPD might require. City and RCFPD shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City and RCFPD shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City and RCFPD exercises its right to terminate this Agreement, City and RCFPD shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City and RCFPD by reason of such termination, including any claim for compensation. City and RCFPD may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Contractor may terminate this Agreement for cause upon giving the City and RCFPD ten (10) business days prior written notice for any of the following: (1) uncured breach by the City and RCFPD of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City and RCFPD's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City and RCFPD: Paul Fisher, Management Analyst I 8794 Lion Street Rancho Cucamonga, CA 91730 PSA without professional liability insurance (contractor) Last Revised: 10/02/13 v enuur intuaes Page 11 Page 193 If to Contractor: Tamera Guarnieri, Office Manager 9339 Charles Smith Avenue Rancho Cucamonga, CA 91730 16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor's obligations hereunder without City and RCFPD's prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and compliance with other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at hqp://www.dir.ca.gov/dlsr/DPreWageDetennination.htm Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City and RCFPD, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City and RCFPD of any payment to Contractor constitute or be construed as a waiver by City and RCFPD of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City and RCFPD v enuur intuaes PSA without professional liability insurance (contractor) Page 12 Last Revised: 10/02/13 Page 194 shall in no way impair or prejudice any right or remedy available to City and RCFPD with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City and RCFPD. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: Mijac Alarm By: Name Title By: Name Date Date PSA without professional liability insurance (contractor) Last Revised: 10/02/13 City of Rancho Cucamonga By: Name Title Date City of Rancho Cucamonga Fire Protection District By: Name Date v enuur intuaes Page 13 Page 195 Title Title (two signatures required if corporation) PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Vendor Initials Page 14 Page 196 EXHIBIT A SCOPE OF SERVICES PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Vendor Initials Page 15 Page 197 MIJAC ALARM YOUR BESTOEFENSE October 16, 2018 City of Rancho Cucamonga- Grounds Maintenance Building -FIRE 8408 Rochester Ave Rancho Cucamonga, CA 91730 Thank you for the opportunity to bid on your fire system. MIJAC Alarm, entering its 47th year in business, has established a reputation of quality service and installations that are unparalleled in the industry. Per our meeting the following is our proposal to install a voluntary fire alarm system in your building. PDF and CAD drawings will need to be supplied for fire alarm drawings can be done and submitted to county for approval. Fire Alarm: 1 -Honeywell addressable fire alarm panel and Annunciator keypad 1- Addressable pull station (back door) 1- Addressable smoke detector (manager's office) 6- Addressable Heat detectors (2 bathrooms and 4 in warehouses) 4- Wireless addressable Heat detector (remote buildings) 6- Horn/Strobes (2 exterior 4 interior) 2- Strobes only (both restrooms) All boxes and hangers for devices All fire wire, connectors and conduit Programming & Installation $19,870.00 (36 month contract) Monthly fee- $70.00 Monthly fee includes monitoring and maintenance on Mijac installed equipment as well as required BI - Annual testing by trained personnel. Fire Alarm Option: Customer can supply two installed dedicated phone lines by your provider or Mijac can install a U.L. approved cellular communicator for $795.00 Page 198 MIJAC ALARM YOUR BESTOEFENSB GENERAL PROVISIONS FOR INSTALLATION: Any bonding or insurance requirements will be charged above contract price. Any changes by contractor, Fire Department, owner, or et -al will initiate a change in contract price. Payment schedule unless other arrangements are made: ♦ 10% upon signing ♦ 40% upon delivery of equipment to Mijac to prepare for preprograming and installation ♦ Remainder upon completion (We understand that under a general contractor a 10% holdback may be imposed until final approval). FIRE ALARM PROVISIONS: ♦ Bid does not include engineered plans, Fire Department submittal, city licenses or permits. These services will be billed to customer as completed for re -imbursement as direct cost which Mijac will pay in advance on your behalf as required. ♦ Plan pricing predicated upon customer supplying Mijac with CAD digital drawings for fire plan submission. ♦ Dedicated 110 VAC power to be supplied by owner @ designated locations. ♦ Two phone lines, one dedicated, to be supplied by owner @ fire control panel if Wireless Communication link not selected. ♦ Underground conduit to PIV/OS&Y and/or between buildings provided by others with pull strings. ♦ Smoke Duct Detectors, Fire Dampers and/or Global Shutdown of HVAC units to be supplied, installed and powered by others. Mijac to supply dry closure relay off fire panel to interface with electrician's connections for fire shut down. ♦ Knox box to be provided and installed by owner if required by the Fire Department. ♦ Customer to supply lift or the cost thereof. ♦ All pricing is based on daily timer test from your fire panel, excessive signals could result in an additional charge. ♦ Any additions or changes by the city authority would initiate a change in price. ♦ Please note: Currently most Fire Departments may take between 5-9 weeks for plan check so prompt return of signed agreements, UL application, monitoring and maintenance agreement and deposit prior to submittal to Fire Department is necessary to avoid delays in your project. ♦ Mijac Alarm will provide fire alarm monitoring, testing, maintenance and runner service in accordance with NFPA 72 2013 Chapter 14. Yours for better security, ,4 Aiz�_,f Greg Stewart Security Consultant Mijac Alarm Page 199 MIJAC ALARM YOUR BESTOEFENSB October 16, 2018 City of Rancho Cucamonga- Grounds Maintenance Building -BURG 8408 Rochester Ave Rancho Cucamonga, CA 91730 Thank you for the opportunity to bid on your fire system. MIJAC Alarm, entering its 47th year in business, has established a reputation of quality service and installations that are unparalleled in the industry. Burglar Alarm: 1 -DSC Neo 32 zone alarm panel 1 -Alpha numeric keypad 1 -Wireless receiver 1 -Wireless repeater 8 -Wireless door transmitters 3 -Wireless PIR Motion Detectors (overhead bay, manager's ofc, entry hall) 3 -Armored overhead door switches (for overhead doors) 2 -Sirens (1 outdoor with blue strobe) 1 -Back up battery system 1- 4g cellular communicator (no phone required to send signals to central station) Programming & Installation $3,470.00 (36 month contract) Monthly fee $39.00 Additional Burglar Alarm options: A. Adding outdoor East & West gate. Cost: $ 130.00 each = $260.00 B. Adding North West paint storage door Cost $75.00 C. Adding mobile storage containers Cost $130.00 each = $260.00 D. Smart Phone Option —If you have a Smart phone with internet capabilities we can set the system up so your phone can act like a virtual keypad. You can arm or disarm the system remotely as well as being always notified when there is any activity on the alarm. You do not have to always be there to know if the facility is being opened or closed on time or if someone decides to come in when they are not supposed to you will be aware of it as soon as it happens i Cost $10.00 per month Page 200 MIJAC ALARM YOUR BESTOEFENSB GENERAL PROVISIONS FOR INSTALLATION: ♦ Any bonding or insurance requirements will be charged above contract price. ♦ Any changes by contractor, Fire Department, owner, or et -al will initiate a change in contract price. ♦ Phone line/Network connection to be supplied by owner if Wireless Communication link not selected. BURGLAR ALARM PROVISIONS: 110 VAC power to be supplied by owner. Customer to supply lift or the cost thereof. All pricing is based on a monthly timer tests from your burglar alarm panel, excessive signals could result in an additional charge. 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V A V A 7 U 1 4�- p. 4�- m 00 w V� Ln N O W 00 O m 4�- � -Ph m m 00 lD O w N w C N4�h A4�h O4�h N N O M 04�- N O 00 N 04�h A4�h 0 0 4�h N N O N !v O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Page 203 Z N N N p rn rn rn rn U7 fD �I v v v O O � m rD < l0 00 m U7 3 m S to O O l0 l0 p -h l0 lD �I J C p M M 00 00 -% -% V Ql O 1-- O= � O � 3 N v w 3' M rt n �p p 3 !v .0 � C7 C"1 C7 Cl fD n !v rt n O O O O O 70 70 70 70 M rt n n n n Ln s s n !v O O O O M M C C C C N 3 3 3 3 O O O O Oti Uq Oti Uq v v v v r r (7n O O O O V1 N M v v v W Nr Q Q v v ((D W_ S � O C Ln (D Q0 �D Q0 �D m lD U7 (.n F� W W C) W co (D � 23 � Ln � S S 3 D fD fD fN-r rN-r f(D-r r(D-r O O v v >Z Q VIP i/) N N N W W Cl m W W l0 I'D l0 Un U7 A 4�- O O O O O O 00 V O O qx� ij-� O O O 00 W lD lD �I J O O O O O O N O O 3 � O N S. N 3 O � e -r M _rt O 3 M G1q � !v 3 3 n Q S M O CD n o, T O CD 3 4/� i/� W N W W �I J lD lD lD l0 Un U7 A 4�- N N p p 00 00 O O O O O O Page 204 Attachment A — Sample Waiver of Subrogation (Sample Only — Net all forms will leek identical to this Sample) TRAVELERS POLICY NUMBER. WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 0403 13 (00) - 01 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. [This agreement applies only to the etctent that you perform work under a written contract that requires you to obtain this agreement from us.y This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officinlc DESIGNATED ORGANIZATION: PSA without professional liability insurance (contractor) Last Revised: 1 "2/13 Vendor Initials Page 17 Page 205 Attachment B — Sample Additional Insured for On-going Projects POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured PersonIs) Or Or anization (s): Locations Of Covered ❑ pe ration s The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Information required to com pete this Schedule, if not shown above, will he shown in the Declarations. A. Section Il - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the locations) desig- nated above. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply. This insurance does not apply to "bodily injury" or "property damage' occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has teen put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project - 0 ISO Properties, Inc., 2004 PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 1 of 1 Q Vendor Initials Page 18 Page 206 DATE: August 21, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Robert Neiuber, Human Resources Director Jenifer Phillips, Deputy Director of Human Resources SUBJECT: CONSIDERATION TO ADOPT A RESOLUTION UPDATING THE RANCHO CUCAMONGA, FIRE PROTECTION DISTRICT - FIRE MANAGEMENT EMPLOYEES GROUP SALARY SCHEDULE EFFECTIVE FOR FISCAL YEAR 2019/20. RECOMMENDATION: Staff recommends that the Board of Directors of the Rancho Cucamonga Fire Protection District adopt a resolution approving updating the Rancho Cucamonga Fire Management Employees Group (MEG) Salary Schedule for Fiscal Year 2019/20. BACKGROUND: The Rancho Cucamonga Fire Protection District Board traditionally adopts salary resolutions for those classifications employed by the Rancho Cucamonga Fire Protection District. These resolutions are updated to reflect changes in salaries, additions and deletions of classifications, changes in job titles, and other terms of employment. ANALYSIS: After meeting and conferring in good faith, the District and Fire District Management Employees Group (MEG) representatives successfully reaching agreement on a new four-year Memorandum of Understanding (MOU). This negotiated MOU includes equity adjustments for classifications surveyed below the survey average to bring them closer to the survey average. Staff recommends that the Fire Board approve the resolution updating the Rancho Cucamonga Fire Protection District Fire Management Group Salary Schedule for fiscal year 2019-20 to include the aforementioned changes effective on August 10, 2019 for the classifications employed by the Fire Management Employees Group (MEG) as agreed upon in the new MOU. FISCAL IMPACT: Adjustments to the salary schedule and their fiscal impacts were considered during the new MOU negotiations. COUNCIL GOAL(S) ADDRESSED: ENHANCING PREMIER COMMUNITY STATUS Page 207 The District is responsible for attracting and retaining exceptional community leaders to ensure that the Rancho Cucamonga Fire Protection District continues to be a premier employer for the community. ATTACHMENTS: Description Attachment 1 - Resolution 19 -XXX Attachment 2 - Fire Management Salary Schedule Attachment 3 - Updated Staff Report Page 208 RESOLUTION NO. FD 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FIRE MANAGEMENT EMPLOYEES GROUP SALARY SCHEDULE EFFECTIVE AUGUST 10, 2019 WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has determined that it is necessary for the efficient operation and management of the District that policies be established prescribing salary ranges, benefits and holidays and other policies for employees of the Rancho Cucamonga Fire Protection District; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has previously adopted salary resolutions that established salary ranges, benefits and other terms of employment for employees of the Rancho Cucamonga Fire Protection District; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District recognizes that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, benefits and other terms of employment; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Rancho Cucamonga Fire Protection District, Rancho Cucamonga, California to approve the attached salary schedule for the Fire Management Employees Group effective August 10, 2019. PASSED, APPROVED AND ADOPTED this 21St day of August 2019. L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary Page 209 FIRE MANAGEMENT EMPLOYEES GROUP SALARY SCHEDULE AS OF August 10, 2019 A B C D E F FIRE CHIEF 86.08 90.38 94.90 99.64 104.62 109.86 Hourly 6,886.34 7,230.49 7,592.06 7,971.04 8,369.92 8,788.71 Bi -Weekly 14,920.41 15,666.07 16,449.46 17,270.59 18,134.83 19,042.20 Monthly FIRE DEPUTY CHIEF 70.62 74.16 77.86 81.76 85.84 90.13 Hourly 5,649.88 5,932.67 6,228.72 6,540.53 6,867.27 7,210.59 Bi -Weekly 12,241.42 12,854.12 13,495.56 14,171.15 14,879.08 15,622.94 Monthly FIRE BATTALION CHIEF 43.96 46.16 48.47 50.90 53.44 Hourly (56 Hour Workweek) 4,924.26 5,170.56 5,425.47 5,700.47 5,984.91 Bi -Weekly 10,669.24 11,202.88 11,761.68 12,351.02 12,967.31 Monthly FIRE BATTALION CHIEF 61.55 64.63 67.86 71.26 74.81 Hourly (40 Hour Workweek) 4,924.26 5,170.56 5,428.47 5,700.47 5,984.91 Bi -Weekly 10,669.24 11,202.88 11,761.68 12,351.02 12,967.31 Monthly FIRE MARSHAL 66.02 69.32 72.79 76.43 80.24 Hourly 5,281.68 5,545.40 5,823.20 6,114.28 6,419.46 Bi -Weekly 11,443.65 12,015.02 12,616.94 13,247.61 13,908.82 Monthly BATTALION CHIEF TRAINING OFFICER STIPEND (7.26% of 40 hr BC Current Step 4.47 4.69 4.93 5.17 5.43 0.00 Hourly 357.50 375.38 394.11 413.85 434.50 0.00 Bi -Weekly 774.59 813.33 853.90 896.68 941.43 0.00 Monthly Attachment 2 Page 210 Resolution No. FD 19 - Item C10: Updated Staff Report/ Additional Material Mayor L. Dennis Michael I Mayor Pro Tem Lynne B. Kennedy \ Council Members Ryan A. Hutchison, Kristine D. Scott, Sam Spagnolo City ManagerJohn R. Gillison I Fire Chief Ivan Rojer 10500 Civic Center Drive I Rancho Cucamonga, CA 91 730 1909.477.2700 1 www.RCfire.org STAFF REPORT Date: August 21, 2019 To: President and Members of the Board of Directors From: John R. Gillison, City Manager By: Robert Neiuber, Human Resources Director Jenifer Phillips, Deputy Director of Human Resources Subject: CONSIDERATION TO ADOPT A RESOLUTION UPDATING THE RANCHO CUCAMONGA FIRE PROTECTION DICTRICT — FIRE MANAGEMENT EMPLOYEES GROUP SALARY SCHEDULES FOR FISCAL YEAR 2019/20 RECOMMENDATION: Staff recommends that the Board of Directors of the Rancho Cucamonga Fire Protection District adopt a resolution approving updating the Rancho Cucamonga Fire Management Employees Group (MEG) Salary Schedule for Fiscal Year 2019/20. BACKGROUND: The Rancho Cucamonga Fire Protection District Board traditionally adopts salary resolutions for those classifications employed by the Rancho Cucamonga Fire Protection District. There resolutions are updated to reflect changes in salaries, additions and deletions of classifications, changes in job titles, and other terms of employment. ANALYSIS: After meeting and conferring in good faith, the District and Fire District Management Employees Group (MEG) representatives successfully reaching agreement on a new four-year Memorandum of Understanding (MOU). This negotiated MOU includes equity adjustments for classifications surveyed below the survey average to bring them closer to the survey average. Staff recommends that the Fire Board approve the resolution updating the Rancho Cucamonga Fire Protection District Fie Management Group Salary Schedule for fiscal year 2019-20 to include the aforementioned changes effective on August 10, 2019 for the classifications employed by the Fire Management Employees Group (MEG) as agreed upon in the new MOU. FISCAL IMPACT: Adjustments to the salary schedule and their fiscal impacts were considered during the new MOU negotiations. Page 211 AA,..,-, I Ilo—;. AA;. -I —1 I AA,..,,,, D... T.— 1-- R v...,e.J., DISTRICT BOARD GOAL(S) ADDRESSED: ENHANCING PREMIER COMMUNITY STATUS The District is responsible for attracting and retaining exceptional community leaders to ensure that the Rancho Cucamonga Fire Protection District continues to be a premier employer for the community. ATTACHMENTS: Attachment 1 — Resolution No. 19-018 Attachment 2 — Salary Schedule Page 212 RESOLUTION NO. FD 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FIRE MANAGEMENT EMPLOYEES GROUP SALARY SCHEDULE EFFECTIVE AUGUST 10, 2019 WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has determined that it is necessary for the efficient operation and management of the District that policies be established prescribing salary ranges, benefits and holidays and other policies for employees of the Rancho Cucamonga Fire Protection District; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has previously adopted salary resolutions that established salary ranges, benefits and other terms of employment for employees of the Rancho Cucamonga Fire Protection District; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District recognizes that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, benefits and other terms of employment; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Rancho Cucamonga Fire Protection District, Rancho Cucamonga, California to approve the attached salary schedule for the Fire Management Employees Group effective August 10, 2019. PASSED, APPROVED AND ADOPTED this 21St day of August 2019. L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary Page 213 FIRE MANAGEMENT EMPLOYEES GROUP SALARY SCHEDULE AS OF August 10, 2019 A B C D E F FIRE CHIEF 86.08 90.38 94.90 99.64 104.62 109.86 Hourly 6,886.34 7,230.49 7,592.06 7,971.04 8,369.92 8,788.71 Bi -Weekly 14,920.41 15,666.07 16,449.46 17,270.59 18,134.83 19,042.20 Monthly FIRE DEPUTY CHIEF 70.62 74.16 77.86 81.76 85.84 90.13 Hourly 5,649.88 5,932.67 6,228.72 6,540.53 6,867.27 7,210.59 Bi -Weekly 12,241.42 12,854.12 13,495.56 14,171.15 14,879.08 15,622.94 Monthly FIRE BATTALION CHIEF 43.96 46.16 48.47 50.90 53.44 Hourly (56 Hour Workweek) 4,924.26 5,170.56 5,425.47 5,700.47 5,984.91 Bi -Weekly 10,669.24 11,202.88 11,761.68 12,351.02 12,967.31 Monthly FIRE BATTALION CHIEF 61.55 64.63 67.86 71.26 74.81 Hourly (40 Hour Workweek) 4,924.26 5,170.56 5,428.47 5,700.47 5,984.91 Bi -Weekly 10,669.24 11,202.88 11,761.68 12,351.02 12,967.31 Monthly FIRE MARSHAL 66.02 69.32 72.79 76.43 80.24 Hourly 5,281.68 5,545.40 5,823.20 6,114.28 6,419.46 Bi -Weekly 11,443.65 12,015.02 12,616.94 13,247.61 13,908.82 Monthly BATTALION CHIEF TRAINING OFFICER STIPEND (7.26% of 40 hr BC Current Step) 4.47 4.69 4.93 5.17 5.43 0.00 Hourly 357.50 375.38 394.11 413.85 434.50 0.00 Bi -Weekly 774.59 813.33 853.90 896.68 941.43 0.00 Monthly Attachment 2 Pana 914 Resolution No. FD 19 - DATE: August 21, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Robert Neiuber, Human Resources Director Jenifer Phillips, Deputy Director of Human Resources SUBJECT: CONSIDERATION TO ADOPT A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND THE FIRE MANAGEMENT EMPLOYEES GROUP. RECOMMENDATION: Staff recommends that the Board of Directors of the Rancho Cucamonga Fire Protection District adopt a resolution approving the Memorandum of Understanding (MOU) between the Fire District and the Rancho Cucamonga Fire Management Employees Group (MEG), relative to wages benefits and other terms and conditions of employment. BACKGROUND: On June 21, 2017, the Board of Directors approved a two-year MOU with Fire Management Employees Group (MEG). That MOU expired on June 30, 2019. The retention of a knowledgeable, experienced and committed workforce is vital to the District's ongoing commitment and ability to provide world class service to the community. The District also has an obligation to educate and partner with its employees to understand the full cost and implications of changes in pay and benefits, and plan for the long-term sustainability of the system. The joint salary survey for the Fire MEG classifications showed them to be below market average as follows: Battalion Chief Classification (20%) below market average, Deputy Chief Classification (28%) below market average and Fire Chief (21 %) below market average. The proposed four-year MOU brings them closer to market average. ANALYSIS: After meeting and conferring in good faith with the District through the Spring of 2019, the District and Fire Management Employees Group representatives have successfully reached an agreement on a new MOU. The proposed four-year MOU would be effective on August 1, 2019, with the following key provisions effective on or after the first full pay period in August (which begins on August 10): • Increasing Employee Paid Member Contributions to CalPERS such that it eliminates Employer Paid Member Contributions (EPMC) by the end of the MOU. • Health Insurance contribution adjustment equivalent to the average eligible Public Employees' Page 215 Medical and Hospital Care Act (PEMCHA) medical plan rates covering San Bernardino County. • Equity Adjustment of 12.66% over the term of the four-year MOU to bring classifications below the survey average, closer to the survey average. • Restructuring the Salary schedule by removing Step "A" . • Voluntary Employees' Benefit Trust (VEBA) - 2% District contribution. • Deferred Compensation - Additional 2% District contribution beginning. Other changes include adding and/or amending existing MOU language to confirm current practices and state and federal law. FISCAL IMPACT: The net budgeted fiscal impact of these benefit changes is anticipated to be $426,320 over the term of the agreement. Sufficient funding exists within the District's current and projected revenues to fund these changes without future changes or increases in fees or taxes. COUNCIL GOAL(S) ADDRESSED: ENHANCING PREMIER COMMUNITY STATUS The District is responsible for attracting and retaining exceptional community leaders to ensure that the Rancho Cucamonga Fire Protection District continues to be a premier employer for the community. ATTACHMENTS: Description Attachment 1 - Resolution 19-xxx Attachment 2 - Memorandum of Understanding Attachment 3 - Updated Staff Report Page 216 RESOLUTION NO. FD 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND RANCHO CUCAMONGA FIRE MANAGEMENT EMPLOYEES GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FROM AUGUST 1, 2019 TO JULY 31, 2023 WHEREAS, Representatives of the Rancho Cucamonga Fire Protection District ("District": hereinafter) and the Rancho Cucamonga Fire Management Employee Group "Fire MEG" have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of employment; and WHEREAS, Representatives of the District and Fire MEG have agreed upon and presented to this Board a Memorandum of Understanding pertaining to the Fire MEG effective, August 10, 2019 specifying the results of said meet and confer process; and WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred; and NOW, THEREFORE, the BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES that in all respects, as set forth in the recitals of this Resolution, the attached Memorandum of Understanding entered into by and between District representatives and the FIRE MEG FOR the period August 10, 2019 through July 31, 2023, effective August 10, 2019 is hereby approved and ratified by the Board of Directors, and the Secretary shall certify to the adoption of this resolution L. Dennis Michael, President Resolution No. FD 19- — Page 1 of 2 Page 217 ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 21St day of August 2019. Executed this 21St day of July 2019 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. FD 19- — Page 2 of 2 Page 218 Memorandum of Understanding To Be Provided Prior To August 21, 2019 City Council Meeting Page 219 Item C11: Updated Staff Report/ Additional Material AA,..,-, I Ilo. ;. U;. -I —1 I AA,..,,,, D... T.— I-- R v...,e.J., STAFF REPORT Date: August 21, 2019 To: President and Members of the Board of Directors From: John R. Gillison, City Manager By: Robert Neiuber, Human Resources Director Jenifer Phillips, Deputy Director of Human Resources Subject: CONSIDERATION TO ADOPT A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND THE FIRE MANAGEMENT EMPLOYEES GROUP RECOMMENDATION: Staff recommends that the Board of Directors of the Rancho Cucamonga Fire Protection District adopt a resolution approving the Memorandum of Understanding (MOU) between the District and the Rancho Cucamonga Fire Management Employees Group (MEG), relative to wages benefits and other terms and conditions of employment. BACKGROUND: On June 21, 2017, the Board of Directors approved a two-year MOU with Fire Management Employees Group (MEG). That MOU expired on June 30, 2019. The retention of our knowledgeable and committed workforce is vital to the District's commitment to provide a world class service to the community. The District must also educate and partner with employees to understand the cost of pay and benefits, and plan for the long-term sustainability of any increases. The joint salary survey for the Fire MEG classifications showed the group to be below market average as follows: Battalion Chief Classification (20%) below market average; Deputy Chief Classification (28%) below market average and Fire Chief (21 %) below market average. ANALYSIS: After meeting and conferring in good faith with the District through the Spring of 2019, the District and Fire Management Employees Group representatives have successfully reached an agreement on a new MOU. The proposed four-year MOU would be effective on August 10, 2019 and would provide equity adjustments to bring the classifications closer to the market average as well as the following key provisions: Page 220 AA,..,-, I Ilo. ;. U;. -I —1 I AA,..,,,, D... T.— I-- R v...,e.J., • Increasing Employee Paid Member Contributions to CalPERS, such that it eliminates (EPMC) by the end of the MOU. • Health Insurance contribution increase equivalent to the average eligible Public Employees' Medical and Hospital Care Act (PEMCHA) medical plan rates covering San Bernardino County. • Equity Adjustment of 12.66% over the term of the four-year MOU to bring classifications below the survey average, closer to the survey average. • Restructuring the Salary schedule by removing Step "A" effective August 10, 2019. • Voluntary Employees' Benefits Trust (VEBA) - 2% District contribution beginning on August 10, 2019. • Deferred Compensation — Additional 2% District contribution beginning August 10, 2019. Other changes include adding and/or amending existing MOU language to confirm current practices and state and federal law. FISCAL IMPACT: The net budgeted fiscal impact of these benefit changes is anticipated to be $426,320 over the term of the agreement. DISTRICT BOARD GOAL(S) ADDRESSED: ENHANCING PREMIER COMMUNITY STATUS The District is responsible for attracting and retaining exceptional community leaders to ensure that the Rancho Cucamonga Fire Protection District continues to be a premier employer for the community. ATTACHMENTS: Attachment 1 — Resolution No. 19-019 Attachment 2 — Memorandum of Understanding Page 221 RESOLUTION NO. FD 19-019 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND RANCHO CUCAMONGA FIRE MANAGEMENT EMPLOYEES GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FROM AUGUST 1, 2019 TO JULY 31, 2023 WHEREAS, Representatives of the Rancho Cucamonga Fire Protection District ("District": hereinafter) and the Rancho Cucamonga Fire Management Employee Group "Fire MEG" have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of employment; and WHEREAS, Representatives of the District and Fire MEG have agreed upon and presented to this Board a Memorandum of Understanding pertaining to the Fire MEG effective, August 10, 2019 specifying the results of said meet and confer process; and WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred; and NOW, THEREFORE, the BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES that in all respects, as set forth in the recitals of this Resolution, the attached Memorandum of Understanding entered into by and between District representatives and the FIRE MEG FOR the period August 10, 2019 through July 31, 2023, effective August 10, 2019 is hereby approved and ratified by the Board of Directors, and the Secretary shall certify to the adoption of this resolution L. Dennis Michael, President Resolution No. FD 19-019 — Page 1 of 2 Page 222 MEMORANDUM OF UNDERSTANDING RANCHO CUCAMONGA FIRE PROTECTION DISTRICT WK RANCHO CUCAMONGA FIRE PROTECTION DISTRICT FIRE MANAGEMENT EMPLOYEES BARGAINING GROUP 2019-2023 Fire MEG MOU 2019-2023 Page 223 Contents PREAMBLE................................................................................................................................................ 5 ARTICLE I RECOGNITION......................................................................................................................5 ARTICLE II COMPENSATION................................................................................................................5 § 1. Salary Ranges..............................................................................................................................5 § 2. Salary Plan....................................................................................................................................8 A. Salary Ranges................................................................................................................................ 8 1. Salary on appointment..................................................................................................................8 2. Merit Salary Adjustments.............................................................................................................. 8 3. Salary on Promotion......................................................................................................................9 4. Salary on Demotion.......................................................................................................................9 5. Salary on Transfer........................................................................................................................10 6. Salary on Position Reclassification............................................................................................10 7. Salary on Re-Employment..........................................................................................................10 8. Salary on Rehire...........................................................................................................................10 9. Acting Pay.....................................................................................................................................10 10. Salary on Change in Range Assignment.................................................................................11 11. Training Officer Assignment Pay...............................................................................................11 12. Bilingual Compensation..............................................................................................................11 B. Deferred Compensation..............................................................................................................11 C. Voluntary Employee Benefit Association(VEBA)....................................................................11 § 3. Work Periods and Overtime..................................................................................................12 A. Work Periods.................................................................................................................................12 B. Work Shifts....................................................................................................................................12 C. Flex Time.......................................................................................................................................12 D. 4/10 Schedule...............................................................................................................................13 E. Overtime Pay................................................................................................................................13 F. Call Back........................................................................................................................................14 § 4. Uniform Allowance...................................................................................................................14 § 5. Employee Group Insurance..................................................................................................14 Fire MEG MOU 2019-2023 Page 224 A. Health Insurance.........................................................................................................................15 B. Dental Insurance.........................................................................................................................15 C. Vision Insurance..........................................................................................................................15 D. Life Insurance..............................................................................................................................16 § 6. Education Incentive.................................................................................................................16 § 7. Retirement Plan.........................................................................................................................16 A. Benefits: Safety Members...........................................................................................................16 B. Benefits: Miscellaneous Members.............................................................................................21 § 8. Work Related Injuries..............................................................................................................26 § 9. Carpooling..................................................................................................................................26 § 10. IRS 125 Plan...............................................................................................................................27 ARTICLE III LEAVES..............................................................................................................................27 § 1. Holidays.......................................................................................................................................27 § 2. Holiday Facility Closure.........................................................................................................29 § 3. Vacation Leave.......................................................................................................................... 29 § 4. Sick Leave...................................................................................................................................31 § 5. Conversion Factor................................................................................................................... 33 § 6. Personal Leave..........................................................................................................................34 § 7. Bereavement Leave................................................................................................................. 34 A. 40 -hour Personnel........................................................................................................................34 ShiftPersonnel............................................................................................................................35 B. Immediate Family is Defined as: ................................................................................................ 35 § 8. Compensatory Time................................................................................................................35 § 9. Administrative Leave..............................................................................................................35 § 10. Military Leave.........................................................................................................................36 § 11. Jury Duty.................................................................................................................................36 § 12. Civil Subpoena/Criminal Subpoena...............................................................................37 A. Civil Subpoena..............................................................................................................................37 B. Criminal Subpoena.......................................................................................................................37 § 13. Leaves of Absence without Pay......................................................................................37 § 14. Natal and Adoption Pay......................................................................................................38 A. Natal and Adoption Leave with Pay.......................................................................................... 38 B. Natal and Adoption Leave without Pay.....................................................................................38 Fire MEG MOU 2019-2023 Page 225 ARTICLE IV GRIEVANCE PROCEDURE...........................................................................................38 § 1. Purpose........................................................................................................................................38 § 2. Objectives................................................................................................................................... 39 § 3. General Provisions..................................................................................................................39 § 4. Informal Grievance Procedure.............................................................................................40 § 5. Formal Grievance Procedure...............................................................................................40 A. Step I..............................................................................................................................................40 B. Step 11.............................................................................................................................................40 C. Step III............................................................................................................................................41 ARTICLE V DISCIPLINE........................................................................................................................43 ARTICLEVI SAFETY.............................................................................................................................44 § 1. Compliance.................................................................................................................................44 § 2. No Discrimination.....................................................................................................................44 § 3. Safety Equipment.....................................................................................................................44 § 4. Employee Responsibility.......................................................................................................44 § 5. Smoking Policy.........................................................................................................................44 ARTICLE VII MANAGEMENT RIGHTS...............................................................................................44 § 1. Scope of Rights.........................................................................................................................44 § 2. Emergency Conditions...........................................................................................................45 ARTICLE VIII EMPLOYEE RIGHTS.....................................................................................................45 ARTICLE IX MAINTENANCE OF BENEFITS....................................................................................46 ARTICLE X APPROVAL BY THE BOARD OF DIRECTORS.........................................................46 ARTICLE XI PROVISIONS OF LAW....................................................................................................46 ARTICLEXII TERM.................................................................................................................................46 ARTICLE XIII NEGOTIATIONOF SUCCESSOR MOU.....................................................................47 4 Fire MEG MOU 2019-2023 Page 226 PREAMBLE This Memorandum of Understanding ("MOU" hereinafter) is made and entered into by and between the Rancho Cucamonga Fire Protection District ("District" hereinafter), and the Rancho Cucamonga Fire Protection District Fire Management Employees Bargaining Group ("Fire MEG" hereinafter). The terms and conditions contained in this MOU are applicable to all full-time employees within this unit and contain the complete results of negotiations concerning wages, hours and other terms and conditions of employment for said employees represented herein. ARTICLE I RECOGNITION A. Pursuant to the provisions of existing rules and regulations and applicable State law, District hereby acknowledges Fire MEG as the exclusive recognized employee organization for the representation unit, which includes all management employees of District, who are employed on a full-time basis. The classes represented include Fire Chief, Fire Deputy Chief, Fire Battalion Chief, and Fire Marshal. B. Fire MEG represents the classification of Fire Chief. However, Fire Chief is an at -will position, not subject to Article IV or V of this MOU or the District's Personnel Rules. At -will positions may be terminated at any time with or without cause or notice at the will of the City Manager or Rancho Cucamonga Fire Protection District in its sole discretion and without any right due process or appeal right. Furthermore, the Fire Chief is precluded from acting as a Fire MEG representative or being a member of the Fire MEG Board. ARTICLE II COMPENSATION § 1. Salary Ranges A. All bargaining unit members shall receive an equity adjustment according to the following schedule: 3.66% equity adjustment, effective the first full pay period in August 2019; 4% equity adjustment, effective the first full pay period in July 2020; 3% equity adjustment, effective the first full pay period in July 2021; 2% equity adjustment, effective the first full pay period in July 2022. B. Survey Cities: Fire MEG and District agree that the survey cities shall be the cities of West Covina, Corona, Ontario, Riverside, Pasadena and Chino Valley Fire District. A survey of the identified labor market cities will be completed, reviewed by the Fire MEG and District, and used as the comparison basis for any negotiations regarding Fire MEG MOU 2019-2023 Page 227 market equity adjustment and cost of living adjustment. The survey will be completed and available for review by District and Union no later than December 1 of the year prior to MOU expiration unless mutually agreed otherwise by the parties. Survey data will be those compensation amounts known and in effect as of the December 1 survey date. In the event a survey agency has a MOU that extends beyond the end of the fiscal year during which the survey is performed, the survey elements known and scheduled to be in force as of the following July will also be surveyed and included in the total compensation survey by the December 1 date. C. Survey Elements: 1. Top step base pay for Fire Chief, Deputy Fire Chief, and Battalion Chief. Fire Marshall Pay shall not be surveyed, but figured at 7.26% above each Battalion Chief step; 2. Agency pick-up of member contributions to the Public Employees' Retirement System ("PERS"); employer contribution to PERS, net of any employee cost sharing; 3. Uniform Pay; 4. Employer Contribution to Deferred Compensation; 5. Maximum employer contribution to Voluntary Employee Benefit Association (VEBA). For the purposes of the survey, this benefit will be reflected as a fringe benefit under MSA; 6. Maximum employer contribution to medical, dental, vision and long-term disability plans for new employees; and 7. Any other incentive or premium that 50% or more of the individuals given in a classification at an agency are eligible to receive, if it is also provided by more than 50% of the survey agencies, exclusive to the District. An individual is "eligible to receive" an incentive or premium if that individual can receive the item upon satisfaction of specified conditions (if any), without limits as to the number of individuals who can receive the incentive. For example, if a specialized training incentive is available to each individual who achieves the specific technical qualifications, the individual is "eligible to receive" that incentive even if he or she has not yet attained the technical certification that is required to actually receive it. Conversely, if a department offers a premium that requires training but only grants that premium to a limited number of individuals or only to individuals in a certain limited number of assignments, the number of individuals above the limit are not 6 Fire MEG MOU 2019-2023 Page 228 eligible to receive the premium. In those instances, the stipends may be reviewed and discussed on an individual basis. D. Survey Procedures and Users: Any survey element that is expressed as a percent of salary will be converted to a dollar amount using the top step base pay for the classification and agency involved. Multi -tiered survey elements involving medical benefits or other health and welfare benefits will be surveyed based on the compensation provided to new employees for that element. If applicable, other multi -tiered incentives will be surveyed at the highest amount of incentive pay obtainable, so long as the thresholds in Item C.5 are met. For comparison purposes in determining a market average, the high and low (of those that receive any given benefit) will be dropped for each salary element, except base salary, where all survey agencies will be used. After dropping the high and low agency, the mean average for the applicable survey element will be calculated. The resulting average numbers for each survey element will be added together to determine a cumulative average total compensation. The results may be used for comparison purposes in negotiations involving future compensation adjustments. There is no obligation to implement and salary element or to make any compensation adjustment based on the survey results and the parties acknowledge that other factors, including revenue, staffing, PERS contributions and other post -employment benefit ("OPEB") costs play a significant factor in the ability of the District to implement any survey element. Survey Example: 1. Look at a particular benefit at the maximum level achievable (in this example highlighted in yellow for each city): Chino Valley Fire District 7% City of West Covina Benefit X 3% or 5% City of Riverside Benefit X 5%; 10% or 15% City of Pasadena Benefit X 3% or 6% City of Ontario N/A City of Corona Benefit X 2% 2. Drop high (Riverside 15%) and low (Corona 2%) from among the five agencies that offer the benefit. 3. Average remaining three cities [(W.0 5% + Pasadena 6% + CVFD 7%) / 3 = 6%]. 4. Thus, Benefit X for market comparison purposes is assumed to be 6%. Fire MEG MOU 2019-2023 Page 229 § 2. Salary Plan A. Salary Ranges Effective the first full pay period in August 2019, "A" step salaries in the salary schedule, for all ranks, will be removed. The salary steps will be reorganized, where step B step becomes the new step A, step C becomes the new step B, etc., G step will drop off from the salary range for Fire Chief and Fire Deputy Chief positions and F step will drop off from the salary range for Fire Battalion and Fire Marshal. No changes to the employees pay rates will result from these changes. The base salary for Fire Chief, Deputy Fire Chief consists of ranges having six (6) steps, labeled A through F, with approximately five percent (5%) between each step. The base salary for Battalion Chief and Fire Marshall consists of ranges having five (5) steps, labeled A through E, with approximately five percent (5%) between each step. The salary for Fire Marshal is set at 7.26% above the 40 hour a week Fire battalion Chief. Placement within the range shall be in accordance with the following: Salary on appointment New employees shall be compensated at Step "A" of the salary range to which their class is allocated. If unusual recruitment difficulties are encountered or a candidate is exceptionally well qualified, appointment at a higher step in the salary range may be authorized by the Fire Chief. 2. Merit Salary Adjustments Advancement within a salary range shall not be automatic, but shall be based upon job performance and granted only on the recommendation of the employee's supervisor and approval of the Fire Chief. Employees shall be considered for merit salary increases in accordance with the following: a. Employees who are placed at Step A upon original employment, reinstatement, or promotion are eligible for a merit salary review after six (6) months of service. Subsequent merit salary review dates shall fall upon the completion of twelve (12) month service intervals. b. Employees who are placed at Step B or above upon original employment, reinstatement, or promotion shall be eligible for a merit salary review after six months of service. Subsequent review dates shall fall upon the completion of twelve (12) month service intervals. c. The granting of an official leave of absence of more than thirty (30) continuous calendar days, other than military leave, shall cause the employee's merit salary review date to be extended the number of calendar days he or she was on leave. Fire MEG MOU 2019-2023 Page 230 d. If, in the supervisor's judgement, the employee's performance does not justify a salary increase on the review date, the employee shall be reevaluated before the expiration of six (6) months dating from the employee's review date. If the period of postponement exceeds three (3) months and the employee receives a salary increase, the employee shall be assigned a new review date based on the date the increase was granted. e. Authorized salary step increases shall become effective at the beginning of the pay period nearest the employee's review date. f. Should an employee's review date be overlooked, and upon discovery of the error, the employee is recommended for a salary increase, the employee shall receive a supplemental payment compensating him or her for the additional he or she would have received had the increase been granted at the appropriate time. g. The normal merit salary increase shall be one (1) step granted in accordance with the preceding. However, to reward outstanding achievement and performance, the Fire Chief may grant one (1) additional step increase not to exceed one (1) step in any given six (6) month period. h. In order to address a situation where in application of this section would result in the inequitable treatment of employee and upon the recommendation of the Fire Chief and approval of the Board, an employee may be placed at any step in the salary range for his or her class. 3. Salary on Promotion An employee, who is promoted to a position in a class with a higher salary range than the class in which he or she formerly occupied a position, shall receive the nearest higher monthly salary in the higher salary range that would constitute a minimum five percent (5%) salary increase over his or her base salary rate, provided that no employee may receive a rate in excess of the top step of the promotional class. If the promotion occurs within sixty (60) days of a scheduled merit salary review date, the employee shall receive the merit increase (if otherwise entitled to it) and the promotional increase concurrently. The employee shall be given a new merit salary review date for purposes of future salary step advancement. The new date shall be based upon the effective date of promotion. 4. Salary on Demotion An employee who is demoted to a position in a class with a lower salary range shall receive a new merit salary review date based upon the effective date of the demotion and receive a salary in accordance with the following: a. Disciplinary demotion — any designated salary step in the lower salary range which will result in the employee's receiving at least a five (5) percent reduction in pay. 9 Fire MEG MOU 2019-2023 Page 231 b. Non -disciplinary demotion — that salary step he or she would have received in the lower class if his or her services had been continuous in said lower class. 5. Salary on Transfer An employee who is transferred from one position to another in the same class or to another position in a similar class having the same salary range shall receive the same step in the salary range previously received ad the merit salary review date shall not change. 6. Salary on Position Reclassification When an employee's position is reclassified and the employee is appointed to the position, salary shall be determined as follows: a. If the position is reclassified to a class with a higher salary range than the former class, salary and merit salary review date shall be set in the same manner as if he or she had been promoted. b. If the salary of the employee is the same or less than the maximum of the salary range of the new class and the salary range of the new class is the same as the previous class, the salary and merit salary review date will not change. c. If the salary of the employee is greater than the maximum of the range of the new class, the salary of the employee shall be designated as a "Y -rate" and shall not change during continuous regular service until the maximum of the salary range to which the class is assigned exceeds the salary of the employee. 7. Salary on Re -Employment An employee recalled after a layoff shall receive the same salary step in the range of the class which he or she was receiving upon layoff. 8. Salary on Rehire Upon rehire, an employee shall be placed at such salary step as may be recommended by the Supervisor and approved by the Fire Chief. The employee's merit salary review date shall be based on the date of rehire. 9. Acting Pay Acting pay shall be one (1) step, approximately five percent (5%), above the affected employee's base salary rate. To receive acting pay the employee must: a. Be formally assigned only doing the duties appropriate to the higher class. b. Work in the higher class at least fifteen (15) consecutive work days, five (5) shifts for employees working twenty-four (24) hour shifts. Acting pay will be Fire MEG MOU 2019-2023 Page 232 paid beginning with the sixteenth (16th) consecutive day worked in an acting capacity, sixth (61) shift for employees working twenty-four (24) hour shifts. c. In any instance where it is reasonably anticipated at the commencement of the acting assignment that the assignment is likely to extend beyond fifteen (15) consecutive work days or five (5) shifts, the described five percent (5%) acting pay shall commence being earned from the first day/shift of the acting assignment. 10. Salary on Change in Range Assignment When a class is reassigned to either a higher or lower salary range by the Board, the salary of each incumbent in such a class on the date the reassignment is effective shall be adjusted to the step her or she was receiving in the former range. 11. Training Officer Assignment Pay When assigned on a 40 -hour schedule as the Department Training Officer, the Battalion Chief shall receive additional compensation calculated as 7.26% of Step E of the 40 -hour Battalion Chief salary. This compensation shall be in addition to the regular compensation paid to employee. Training Officer assignment is only for safety employees performing as the Training Officer at 7.26% of the step the employee is currently earning. 12. Bilingual Compensation Bargaining Unit members who qualify for bilingual pay shall be compensated at the rate of seventy-five dollars ($75.00) per month. Employees must pass an examination demonstrating their proficiency in the Spanish, Chinese or Korean languages. B. Deferred Compensation Effective the first full pay period in August 2019, District -paid contribution to Deferred Compensation Plan will be increased by 2%, for each rank, as a percentage of monthly base salary. The new District -paid contributions are as follows: Fire Chief 8% Deputy Fire Chief 6% Battalion Chief and Fire Marshal 4% C. Voluntary Employee Benefit Association (VEBA) The City has established a Voluntary Employee Benefit Association (VEBA) through the California Government Voluntary Employee Benefit Association to assist employees with planning for future health care expenses. Represented employees shall be eligible to participate in the plan according to a schedule to be established as an addendum to this MOU. Fire MEG MOU 2019-2023 Page 233 Contributions to the Plan shall be made as District contributions through a salary reduction arrangement and are made on a pre-tax basis in accordance with IRS provisions. At the discretion of the Union, employee contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document. Effective the first full pay period in August 2019, the Fire District will contribute 2% of base salary per pay -period. Example: A bi-weekly base pay of $2,000 equals a biweekly contribution of $40. § 3. Work Periods and Overtime A. Work Periods 1. Employees assigned to 24-hour shifts shall work a Kelly Schedule that consists of a 24 day rotation pursuant to section 207 (k) of the Fair Labor Standards Act (FLSA) as follows: SUN MON TUES WED THURS FRI SAT On Off On Off On Off On Off Off Off Off On Off On Off On Off On Off Off Off Off Off Off 2. The pay period for shift personnel is 14 days. Overtime is paid for time worked in excess of one hundred six (106) hours in the pay period. 3. The work period for forty (40) hour personnel is seven (7) days with overtime being time worked in excess of forty (40) hours in the period. B. Work Shifts 1. All twenty-four (24) hour work shifts begin at 0800 and end at 0800 the following day, twenty-four (24) hours thereafter. 2. Personnel assigned to a forty (40) hour schedule shall work Monday through Thursday from 0700 to 1800 inclusive of paid breaks and unpaid sixty (60) minute meal period. C. Flex Time 1. The work schedules of employees assigned to other than fire suppression is subject to change depending on needs of the service or desires of the concerned employee(s) (see item 3). 2. The District shall not change work schedules when the sole purpose of the change is to avoid payment of time and one-half for overtime. This however, is 12 Fire MEG MOU 2019-2023 Page 234 not to be interpreted as preventing a schedule change upon the mutual agreement of the District and affected employee. 3. Employees may request schedule changes to address personal interests. Whenever possible such requests will be accommodated, provided however, that needs of the service as determined by the District will take precedence over employee preferences. 4. The District will not affect schedule changes but for good and sufficient cause. 5. Management employees shall be allowed to work a flexible work week upon the approval of their supervisor. D. 4/10 Schedule With the 4/10 implementation, employees who experience hardship due to child care issues, may request alteration of their schedule by taking a'/Z hour lunch and arriving at work '/z hour late or leaving work '/z hour early. Additionally, employees who carpool at least 60% of the pay period and 60% of the distance into their normally assigned workplace are eligible to leave 1/2 hour early from work or arrive 1/2 hour late. E. Overtime Pay 1. The rate of pay for overtime hours worked shall be at the rate of time and one- half (1.5) the regular rate of pay, for those employees eligible for overtime. 2. Wages: The Battalion Chief in Training and suppression Battalion Chiefs will be paid overtime at the fifty-six (56) hour rate for any overtime worked, at time and one-half (1.5) rate of pay. 3. For purposes of computing overtime pay under the Fair Labor Standards Act, military leave shall be the only leave of absence not considered hours worked. 4. For the purposes of this section, work time shall not include traveling to and from the normal work site. 5. All non-exempt full-time employees who are called back to work from off-duty as a result of an emergency, shall be paid at the rate of time and one-half (1/2) for any hours worked, with a minimum of two (2) hours pay for each emergency recall. Employees required to work more than fifteen (15) minutes shall be compensated for a minimum of one (1) hour; any time worked over one (1) hour will be paid in one-half (1/2) hour increments (fifteen (15) minutes work shall constitute one-half (1/2) hour). Time spent in traveling to and from the worksite shall be compensated in accordance with FLSA. Fire MEG MOU 2019-2023 Page 235 Employees required (held over) to work more than (15) minutes overtime shall be compensated for a minimum of one (1) hour. Any overtime worked in excess of one (1) hour will be paid in half hour increments. Provisions shall be made for an equitable distribution of overtime, consistent with efficient operations of the District. 6. The Deputy Chief will be paid an amount equal to State and/or Federal reimbursements received by the District for the work performed through State and/or Federal requests for hours worked beyond the normal forty (40) hour work week (e.g. strike teams), at the Deputy Chiefs normal rate of pay, provided the Deputy Chief is acting in a management capacity consistent with their normal position under the Fair Labor Standards Act. The requisite amounts equal to the time worked beyond the normal forty (40) hour work week will be paid to the Deputy Chief during the pay period in which the work performed through State and/or Federal requests for hours worked beyond the normal forty (40) hour work week (e.g. strike teams) occurs. This section is intended to allow a Deputy Chief to lead a strike team, if necessary, as would a regular shift Battalion Chief, without having to use accrued vacation leave. F. Call Back A minimum of two (2) hours of work time will be credited to an employee who responds to a District call to come to work during off-duty hours. This section is not to be interpreted as requiring said minimum in the event of an extended work day or when the employee begins his or her regular work shift before the normal starting time. § 4. Uniform Allowance A. The District shall provide three (3) sets of work uniforms for each employee who is required to wear a uniform prior to his or her start date. The value of these initial uniforms provided shall be reported to CalPERS as compensation in accordance with applicable CalPERS requirements. Suppression members must buy their own class A uniforms at the completion of probation. B. The District stipulates that its goal on Uniform Allowance is to provide for the purchase of uniform articles as specified in the District's rules and regulations, to a maximum of $1,500 Annually per employee for the purchase of four (4) uniforms to start. The Uniform Allowance will be paid concurrent with the first full pay period after the beginning of the new fiscal year, in a separate check from the regular paycheck. § 5. Employee Group Insurance District agrees to provide group insurance plans in accordance with the following: Fire MEG MOU 2019-2023 Page 236 A. Health Insurance 1. District will provide medical insurance through the State of California Public Employee's Medical and Hospital Care Program (PEMHCA). 2. District will provide fully paid employee and family health insurance for all existing full-time and retired employees as of November 17, 1994. 3. District shall provide paid employee and family health insurance for all full- time employees hired after November 17, 1994, at a monthly amount equal to the average eligible "Public Employees Medical and Hospital Care Program" (PEMHCA) medical rates available to active Fire MEG unit members covering San Bernardino County. The monthly contribution amount averages will be calculated annually during the open enrollment period with changes going into effect when the new rates go into effect. 4. All new full-time employees hired after November 17, 1994, want to maintain medical insurance through the State of California, Public Employees Medical and Hospital Care Program, upon their retirement, shall be responsible for paying their own premiums. 5. Upon written request of the employee, along with verification that their spouse and/or family can provide full health insurance, cash compensation in lieu of medical benefits in the amount of $200.00 for single employees or $300.00 for employees with dependents, may be provided to the employee. Selection of compensation shall be at the employee's discretion. The employee may reenter the District's health plan at any time. 6. Affordable Care Act (ACA) Reopener. The District may reopen negotiations on the issue of health insurance benefits to address changes to or statutory scheme that may result from an interpretation of the ACA an in order to avoid penalties or taxes under the ACA or other statutory scheme by the Internal Revenue Service or other federal agency (including, but not limited to, a revenue ruling, regulation or other guidance) or state agency, or a ruling by a court of competent jurisdiction. These negotiations will not result in a reduction in the amount the District provides for employee health coverage. B. Dental Insurance District shall continue to provide fully paid employee and family dental insurance plan for all full-time employees. C. Vision Insurance The District shall continue to provide vision care coverage for all full-time continuous employees with a maximum payment not to exceed $22.25 a 15 Fire MEG MOU 2019-2023 Page 237 month. Employees agree to contribute 0.02% of their salary adjustment to fund their contribution of $2.00 a month for vision insurance. The above amount of $22.25 includes the employees' contribution. The employee shall pay the cost of vision insurance in excess of $22.25. In the event that vision insurance premiums exceed $22.25 during the term of the contract, the District shall provide advanced notice to the representatives, if possible, at least thirty (30) days. D. Life Insurance The District shall provide a fully paid $50,000 life insurance policy for all Fire MEG members. § 6. Education Incentive The District shall provide to employees an educational incentive equal to the following: Bachelor of Arts/Bachelor of Science of Fire Officer Certification = $317/ month Master of Arts/Master of Science or Chief Officer Certification = $475/ month Eligibility for the above-mentioned education incentive requires proof of graduation and receipt of degree from a college or university that is accredited by a national recognized accrediting agency approved by the United States Secretary of Education and found on the United Stated Department of Education website. Compliance with the Fire Officer/Chief Officer certification requires proof of satisfactory completion (C or better or "pass" in a pass/fail class) of all required classes for the Certification Track currently authorized and approved by the California State Fire Marshall for Fire Officer or Chief Officer. Degrees earned online shall be accompanied by a declaration under penalty of perjury that the subject employee personally performed all requirements for issuance of the degree. The Fire Chief's determination regarding eligibility for an education incentive shall be final. The Fire Chief's determination regarding eligibility for an education incentive shall be final. The above-mentioned education incentives shall be non -cumulative, meaning that an employee who meets the highest recognized education incentive, which would be the Master of Arts/Master of Science or Chief Officer Certification, shall receive only one incentive pay regardless of whether they have also met the lower recognized education incentive also. Neither shall an employee receive education incentive pay for both a degree and a certification. § 7. Retirement Plan A. Benefits: Safety Members District is enrolled in the State of California Public Employee's Retirement System. Except as described herein, all benefits provided District employees under the District's Plan are paid by the District. Present benefits for public safety employees include the following: 16 Fire MEG MOU 2019-2023 Page 238 1. Tier 1 - Employees hired prior to July 9, 2011: § 21362.2 3% at 50 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Year Final Compensation a. District pays and reports 9% normal PERS member contributions by resolution. b. Employees hired prior to July 9, 2011, pay a total of 7% percent of the CalPERS employer contribution per resolution 17-004. c. Effective the first full pay period in February 2021, employees shall move 2% of their existing 7% CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 2% of the normal CalPERS member contribution plus 5% towards the Districts' CalPERS employer contribution. This will reduce EPMC from 9% to 7% and the District will adopt a resolution to that effect. d. Effective the first full pay period in February 2022, employees shall move an additional 3% of their existing 5% CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 5% of the normal CalPERS member contribution plus 2% towards the District's CalPERS employer contribution. This will reduce EPMC from 7% to 4% and the District will adopt a resolution to that effect. e. Effective the first full pay period in February 2023, employees shall move the remaining 2% of their existing 2% CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 7% of the normal CalPERS member contribution plus 0% towards the Districts' CalPERS employer contribution. This will reduce EPMC from 4% to 2% and the District will adopt a resolution to that effect. f. Effective the beginning of the last pay period in June 2023, employees shall contribute an additional 2% of the normal CalPERS member contribution, for a total of 9%. This will reduce EPMC from 2% to 0% and the District will adopt a resolution to that effect. Fire Chief Position, hired prior to July 1, 2011: a. Employees in the Fire Chief Position, hired prior to July 1, 2011, pay a total of ten (10%) percent of the normal CalPERS employer contribution per resolution 17-004. b. Effective the first full pay period in February 2021, employees shall move 2% of their existing 10% CalPERS employer contribution towards the CalPERS 17 Fire MEG MOU 2019-2023 Page 239 member contribution. The new employee contribution will be 2% of the normal CalPERS member contribution plus 8% towards the Districts' CalPERS employer contribution. This will reduce EPMC from 9% to 7% and the District will adopt a resolution to that effect. c. Effective the first full pay period in February 2022, employees shall move an additional 3% of their 8% CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 5% of the normal CalPERS member contribution plus 5% towards the Districts' CalPERS employer contribution. This will reduce EPMC from 7% to 4% and the District will adopt a resolution to that effect. d. Effective the first full pay period in February 2023, employees shall move an additional 2% of their existing 5% CalPERS employer contribution. The new employee contribution will be 7% of the normal CalPERS member contribution plus 3% towards the Districts' CalPERS employer contribution. This will reduce EPMC from 4% to 2% and the District will adopt a resolution to that effect. e. Effective the start of the last pay period in June 2023, employees shall contribute an additional 2% of the normal CalPERS member contribution and move an additional 2% of the normal CalPERS employer contribution towards the CalPERS member contribution, for a total of 9% CalPERS member contribution plus 1% towards the Districts' CalPERS employer contribution. This will reduce EPMC from 2% to 0% and the District will adopt a resolution to that effect. 2. Tier 2 - Employees hired on or after 7/1/11 and through 12/31/12, and Classic PERS members, as defined by PERS, who are hired on or after January 1, 2013: § 21363.3 3% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20037 3 Year Final Compensation a. District pays and reports 8% normal PERS member contributions; employee pays 1% of the member contribution by resolution. The District has adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). b. Employees hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, pay 6% of the normal CalPERS employer contribution and 1% CaIPERS member contribution per resolution 17-004. 18 Fire MEG MOU 2019-2023 Page 240 c. Effective the first full pay in February 2021, employees shall move 1 % of their existing 6% CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 2% of the normal CalPERS member contribution plus 5% towards the Districts' CalPERS employer contribution. This will reduce EPMC from 9% to 7% and the District will adopt a resolution to that effect. d. Effective the first full pay period in February 2022, employees shall move an additional 3% of their existing 5% CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 5% of the normal CalPERS member contribution plus 2% towards the Districts' CalPERS employer contribution. This will reduce EPMC from 7% to 4% and the District will adopt a resolution to that effect. e. Effective the first full pay period in February 2023, employees shall move the remaining 2% of their existing 2% CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 7% of the normal CalPERS member contribution plus 0% towards the Districts' CalPERS employer contribution. This will reduce EPMC from 4% to 2% and the District will adopt a resolution to that effect. f. Effective the start of the last pay period in June 2023, employees shall contribute an additional 2% of the normal CalPERS member contribution, for a total 9%. This will reduce EPMC from 2% to 0% and the District will adopt a resolution to that effect. Fire Chief Position, hired prior to July 1, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013: a. Employees in the Fire Chief Position, hired prior to July 1, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, pay 9% of the CalPERS employer contribution and 1% CalPERS member contribution per resolution 17-004. b. Effective the first full pay period in February 2021, employees shall move 1% of their existing 9% CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 8% towards the Districts' CalPERS employer contribution plus 2% of the normal CalPERS member contribution. This will reduce EPMC from 9% to 7% and the District will adopt a resolution to that effect. c. Effective the first full pay period in February 2022, employees shall move an additional 3% of their existing 8% CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 5% towards the District's CalPERS employer contribution plus 5% of the normal Fire MEG MOU 2019-2023 Page 241 CalPERS member contribution. This will reduce EPMC from 7% to 4% and the District will adopt a resolution to that effect. d. Effective the first full pay period in February 2023, employees shall move an additional 2% of their existing 5% CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 3% towards the Districts' CalPERS employer contribution plus 7% of the normal CalPERS member contribution. This will reduce EPMC from 4% to 2% and the District will adopt a resolution to that effect. e. Effective the start of the last pay period in June 2023, employees shall pay an additional 2% of the normal CalPERS member contribution and move an additional 2% of their existing 3% CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 1% towards the Districts' CalPERS employer contribution plus 9% of the normal CalPERS member contribution. This will reduce EPMC from 2% to 0% and the District will adopt a resolution to that effect. 3. Employees who are New PERS Members, as defined by PERS, who are hired on or after January 1, 2013: Employees are classified as New Members of PERS when they meet the definition of a "new member" for purposes of retirement pension benefits pursuant to the Public Employees' Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013 or former PERS members who have more than a six-month break in service. CalPERS ultimately determines who is a new member in compliance with the law. Employees who are classified as New Members shall be eligible for the 2.7% at 57 Formula, 3 year final compensation average. The employee contribution for new members shall be one-half the normal cost, as determined by CaIPERS. As of the effective date of this MOU, the required employee contribution for new members is 11.5% of reportable compensation. This amount will be adjusted periodically by CaIPERS, and the District employee contribution adjusted accordingly per state statute. The District has adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). It is understood that all contributions paid by the employee as described in Parts 1 through 2 above shall be calculated based upon the pay rate (i.e. full base salary of the employee), plus any additional special compensation, including any Employer Paid Member Contributions (EPMC), and as described above in Part 3 above, on the pensionable compensation as defined in the California Public Employee's Pension Reform Act of 2013 ("PEPRA"). Fire MEG MOU 2019-2023 Page 242 The District pays EPMC for the various "Tiers" as outlined above and reports the value of EPMC payments as special compensation. The parties agree that to the extent permitted by law, this is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(1)(F) as Value of Employer -Paid Member Contributions. The parties also agree that the District has no additional obligation or costs should CalPERS, the State or IRS determine otherwise. The District adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation. All employee payments of the employer share are done pursuant to Government Code Section 20516(f). There shall be no sunset date to any provisions in Article II Section 7 Retirement Plan. B. Benefits: Miscellaneous Members District is enrolled in the State of California Public Employee's Retirement System. All benefits provided District employees under District's Plan are paid by the District. Present benefits for miscellaneous employees include the following: 1. Tier 1 - Employees hired prior to July 9, 2011: § 21354.4 2.5% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Year Final Compensation a. District pays and reports 8% normal PERS member contributions by resolution. b. Employees hired prior to July 1, 2011, pay 5% of the CalPERS employer contribution per resolution 17-004. c. Effective the first full pay period in February 2021, employees shall move 2% of their existing 5% CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 3% towards the Districts' CalPERS employer contribution plus 2% of the normal CalPERS member contribution. This will reduce EPMC from 8% to 6% and the District will adopt a resolution to that effect. d. Effective the first full pay period in February 2022, employees shall move the remaining 3% of their existing 3% CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 0% towards the Districts' CalPERS employer contribution plus 5% of the normal 21 Fire MEG MOU 2019-2023 Page 243 CalPERS member contribution. This will reduce EPMC from 6% to 3% and the District will adopt a resolution to that effect. e. Effective the first full pay period in February 2023, employees shall contribute an additional 1% of the normal CalPERS member contribution, for a total of 6%. This will reduce EPMC from 3% to 2% and the District will adopt a resolution to that effect. f. Effective the start of the last pay period in June 2023, employees shall contribute an additional 2% of the normal CalPERS member contribution, for a total of 8%. This will reduce EPMC from 2% to 0% and the District will adopt a resolution to that effect. The District will adopt a resolution providing that all employee CalPERS contributions to the employer share pursuant to this section shall be deducted on a pre-tax basis. Additional benefits for affected employees include the following: • Sec. 20691 Employer Payment of Member Contributions (based on hire date) • Sec. 20636 (c)(4) Reporting of Employer -Paid Member Contribution (EPMC) as Special Compensation • Sec. 20965 Credit for Unused Sick Leave 2. Tier 2 - Employees hired on or after 7/1/11 and through 12/31/12, and Classic PERS members, as defined by PERS, who are hired on or after January 1, 2013: § 21354 2% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20037 3 Year Final Compensation a. District pays and reports 6% normal PERS member contributions; employee pays 1% of the member contribution by resolution. The District has adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis per IRC414(h)(2). b. Employees hired on July 9, 2011, and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, pay 1 % of the normal CalPERS member contribution and 4% of the normal CalPERS employer contribution per resolution 17-004. c. Effective the first full pay period in February 2021, employees shall move 1 % of their existing 4% CalPERS employer contribution towards the CalPERS 22 Fire MEG MOU 2019-2023 Page 244 member contribution. The new employee contribution will be 2% normal CalPERS member contribution plus 3% towards the Districts' CalPERS employer contribution. This will reduce EPMC from 6% to 5% and the District will adopt a resolution to that effect. d. Effective the first full pay period in February 2022, employees shall move the remaining 3% of their existing 3% CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 5% normal CalPERS member contribution plus 0% towards the Districts' CalPERS employer contribution. This will reduce EPMC from 5% to 2% and the District will adopt a resolution to that effect. e. Effective the start of the last pay period in June 2023, employees shall contribute an additional 2% of the normal CalPERS member contribution, for a total of 7%. This will reduce EPMC from 2% to 0% and the District will adopt a resolution to that effect. The District will adopt a resolution providing that all employee CalPERS contributions to the employer share pursuant to this section shall be deducted on a pre-tax basis and to reflect changes in EPMC prior to the effective dates. Additional benefits for affected employees include the following: • Sec. 20691 Employer Payment of Member Contributions (based on hire date) • Sec. 20636 (c)(4) Reporting of Employer -Paid Member Contribution (EPMC) as Special Compensation • Sec. 20965 Credit for Unused Sick Leave 3. Employees who are New PERS Members, as defined by PERS, who are hired on or after January 1, 2013: Employees are classified as New Members of PERS when they meet the definition of a "new member" for purposes of retirement pensions benefits pursuant to the Public Employees Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013 or former PERS members who have more than a six-month break in service. CalPERS ultimately determines who is new member in compliance with the law. Employees who are classified as New Members shall be eligible for the 2% at 62 Formula, 3 year final compensation average. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. As of the effective date of this MOU, the required employee contribution for new members is 6.5% of reportable compensation. This Fire MEG MOU 2019-2023 Page 245 amount will be adjusted periodically by CalPERS, and the District employee contribution adjusted accordingly per state statute. The District has adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). It is understood that all contributions paid by the employee as described in Parts 1 through 2 above shall be calculated based upon the pay rate (i.e. full base salary of the employee), plus any additional special compensation, including any Employer Paid Member Contributions (EPMC), and as described above in Part 3 above, on the pensionable compensation as defined in the California Public Employee's Pension Reform Act of 2013 ("PEPRA"). The District pays EPMC for the various "Tiers" as outlined above and reports the value of EPMC payments as special compensation. The parties agree that to the extent permitted by law, this is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(1)(F) as Value of Employer -Paid Member Contributions. The parties also agree that the District has no additional obligation or costs should CalPERS, the State or IRS determine otherwise. The District adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation. All employee payments of the employer share are done pursuant to Government Code Section 20516(f). There shall be no sunset date to any provisions in Article II Section 7 Retirement Plan. The Supplemental Benefit through PARS Phase II Retirement System is provided to all miscellaneous employees hired by December 31, 2012. 5. The following benefit is available to safety personnel at employee cost: Sec. 20930.3 Military Service as Public Service C. Employer Paid Member Contribution (EPMC) 1. This benefit shall apply to all safety and miscellaneous employees, until it is phased out by June 2023 as further described below. a. Benefits: Safety Members Fire MEG MOU 2019-2023 Page 246 This benefit shall consist of paying 9% of the normal member contributions as EPMC, and reporting the same percent (value) of compensation earnable as additional compensation for employees hired prior to July 9, 2011 and employees in the Fire Chief Position, hired prior to July 1, 2011. This benefit shall consist of paying 8% of the normal member contributions as EPMC, and reporting the same percent (value) of compensation earnable as additional compensation for employees hired on or after July 9, 2011 and through December 31, 2012, and Classic PERS members, as defined by PERS, who are hired on or after January 1, 2013, and employees in the Fire Chief Position, hired on or after July 9, 2011 and through December 31, 2012, and Classic PERS members, as defined by PERS, who are hired on or after January 1, 2013. Payment of EPMC and reporting the value of EPMC as compensation earnable is based on the employee's pay rate and special compensation excluding the monetary value of EPMC on the EPMC paid as described in 2 CCR Section 571. b. Benefits: Miscellaneous Members This benefit shall consist of paying 8% of the normal member contributions as EPMC, and reporting the same percent (value) of compensation earnable as additional compensation for employees hired prior to July 9, 2011. This benefit shall consist of paying 7% of the normal member contributions as EPMC, and reporting the same percent (value) of compensation earnable as additional compensation for employees hired on or after July 9, 2011 and through December 31, 2012, and Classic PERS members, as defined by PERS, who are hired on or after January 1, 2013. Payment of EPMC and reporting the value of EPMC as compensation earnable is based on the employee's pay rate and special compensation excluding the monetary value of EPMC on the EPMC paid as described in 2 CCR Section 571. 2. Effective the Effective the first full pay period in February 2021, this benefit shall consist of paying the following percent of normal member contributions as EPMC, and reporting the same percent (value) of compensation earnable as additional compensation: • All Classic Safety Employees, Tier 1 and Tier 2, including Fire Chief — 7% • All Classic Miscellaneous Employees, Tier 1 — 6% • All Classic Miscellaneous Employees, Tier 2 - 5% 3. Effective the first full pay period in February 2022, this benefit shall consist of paying the following percent of normal member contributions as EPMC, and reporting the same percent (value) of compensation earnable as additional compensation: Fire MEG MOU 2019-2023 Page 247 • All Classic Safety Employees, Tier 1 and Tier 2, including Fire Chief — 5% • All Classic Miscellaneous Employees, Tier 1 — 3% • All Classic Miscellaneous Employees, Tier 2 - 2% 4. Effective the first full pay period in February 2023, this benefit shall consist of paying the following percent of normal member contributions as EPMC, and reporting the same percent (value) of compensation earnable as additional compensation: • All Classic Safety Employees, Tier 1 and Tier 2, including Fire Chief — 2% • All Classic Miscellaneous Employees, Tier 1 — 2% • All Classic Miscellaneous Employees, Tier 2 — 2% 5. Effective the last pay period in June 2023, this benefit shall end. § 8. Work Related Injuries Safety Employees are entitled to full salary and benefits for up to one (1) year, when they sustain an on-the-job work-related injury (see California Labor Code § 4850 for provisions). 4850 covers only safety personnel. Temporary disability payments received during any injury period shall be returned to District. Any Miscellaneous (Non -Safety) employee within the bargaining unit covered herein who is receiving disability payments under the "Workers Compensation Act of California" for on-the-job injuries sustained while engaged in the performance of duties of any such District position, shall receive from the District during the first three months of such disability absence, payments in an amount equal to the difference between the disability payments received under Workers Compensation Act and the employee's full salary. Such payments by the District should be made without any deduction from accrued sick leave benefits. The District's obligation for such payments shall commence on the first (1St) day of such disability absence. In the event the employee's disability absence should exceed three months, an employee shall be allowed to supplement the Workers Compensation benefit received under State law with available accrued sick leave, accrued vacation leave, accrued compensatory time. The total number of leave hours, along with the Workers Compensation benefit, shall not exceed the employee's base pay for each day of the leave. For this purpose, accrued leave hours can only be used in one-hour increments. § 9. Carpooling Those employees participating in a carpool during going to and from their residence and work site shall not be in receipt of a reduced workday. Rather, those employees participating in a "carpool" shall be accorded the following benefit: Eligible carpool employees shall be regular, full-time employees who voluntarily participate in and file a "rideshare application agreement". Eligibility for ride -share related benefits is conditioned upon: 26 Fire MEG MOU 2019-2023 Page 248 Each affected regular and full-time employee shall ride share with another person(s) in a car or vanpool. 2. In the alternative, each affected regular and full-time employee shall drive to and from work other than in an automobile. For example, such transportation may include a bicycle, public transportation, walking. 3. Eligibility for rideshare benefits shall be conditioned upon 1) the regular and full- time employee participating 60% of the total work days during a given month, 2) ride sharing for at least 60% of the commute distance, and 3) ride sharing between the hours of 6 and 10 a.m. of the employee's scheduled work shift. Individuals meeting the above qualifications shall earn $2 for every day that the employee rideshares, paid at the end of each quarter. Further, the City is desirous of devising some type of "drawing" to provide a singular person on a monthly basis with an item of value in recognition of ride sharing. § 10. IRS 125 Plan A. District shall implement authorized pre-tax payroll deduction of out-of-pocket medical contribution premiums. Said pre-tax payroll deduction shall not only be used for the purpose of paying the difference between the amount of District funded premiums for District -provided health insurance plans, and the amount of out-of-pocket premium payments borne by the employee regarding District - provided plans. B. The District agrees to provide technical assistance (such as automatic payroll deduction, etc.) in the event employees decide to expand this benefit from a "premium only plan" to a "flexible spending account" provided that those participating pay all costs incurred in expanding and maintaining this program. ARTICLE III LEAVES § 1. Holidays A. Holidays are those days which District designates as observed holidays. Holiday leave is a right, earned as a condition of employment, to a leave of absence with pay. The holidays designated by District are as follows: 40 Hour Personnel July 4 Independence Day September Labor Day (1st Monday) November 11 Veterans Day November Thanksgiving (4th Thursday) November The day following Thanksgiving December 24 The day preceding Christmas 27 Fire MEG MOU 2019-2023 Page 249 December 25 Christmas January 1 New Years Day January Martin Luther King's Birthday (3rd Monday) February President's Day (3rd Monday) May Memorial Day (last Monday) Three (3) discretionary (floating) days may be taken by an employee at his or her convenience, subject to approval by the supervisor. The thirty (30) hours for the three (3) floating holidays shall be credited to the employee at the start of pay period No. 1 of each fiscal year. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. 56 Hour Personnel July 4 Independence Day September Labor Day (1st Monday) September Admissions Day October 12 Columbus Day November 11 Veterans Day November Thanksgiving (4th Thursday) November The day following Thanksgiving December 24 The day preceding Christmas December 25 Christmas January 1 New Year's Day January Martin Luther King's Birthday February 12 Lincoln's Birthday February 22 Washignton's Birthday May Memorial Day (last Monday) B. Employees shall accrue holiday time as follows: Type of Dorcnnnol Shift Personnel 40 hour Personnel Fire MEG MOU 2019-2023 Per Holiday Annually 12 hours 168 hours 10 hours 140 hours Maximum Orrri inl 216 hours 180 hours Page 250 C. No District employee will be allowed to exceed the maximum accrual at any time. As excess holiday time is earned, it must either be taken as time off or be paid for by District. D. District employees will be advised, in writing, within the pay period prior to the time that maximum holiday accrual is reached or that they are approaching their maximum accrual. E. Holiday time shall be accrued annually beginning with the first pay period of the fiscal year within the pay period which it occurs. F. District will buy back all or part of accrued holiday time at the then current hourly rate to be paid out in the pay period prior to Thanksgiving, if a request is made in writing and received by payroll three weeks prior to the payout pay period specifying holiday balance and exercising the option to sell back. G. Holidays may be used as scheduled time off with the approval of the Supervisor. H. Any employee who is on vacation or sick leave when a holiday occurs will not have that holiday charged against his or her vacation or sick leave. Forty (40) hour personnel who obtain prior approval from their immediate supervisor to work a holiday will be allowed to bank that holiday at straight time. If a 40 -hour employee who is eligible to receive overtime compensation is recalled to work on a holiday, that holiday will be banked at time and a half (1.5) for the number of hours actually worked that day. § 2. Holiday Facility Closure Certain City Facilities may close each year in conjunction with the Christmas and New Year's holidays. Closure dates for City facilities shall be determined by the City in order to balance the impact on public services. During a holiday closure, affected represented employees may take paid leave from holiday, management leave, and compensatory time or vacation accruals or they may be reassigned to a facility that will remain open during the closure. § 3. Vacation Leave A. Vacation leave is a right to a leave of absence with pay. It is earned as a condition of employment. All full-time employees shall, with continuous service, accrue working days of vacation monthly according to the following schedule: 40 -hour Personnel 29 Fire MEG MOU 2019-2023 Page 251 Years of Annual Maximum Pay Period Completed Service Accrual Accrual Accrual Rates 30 days -3 years 85.72 hours 192.0 3.297 4-7 years 128.57 hours 272.0 4.945 8-10 years 171.43 hours 353.0 6.593 11-14 years 188.58 hours 353.0 7.253 15-19 years 205.72 hours 353.0 7.912 20-24 years 222.86 hours 353.0 8.572 25+ years 240.00 hours 353.0 9.231 Shift Personnel Years of Completed Service Annual Accrual Maximum Accrual Pay Period Accrual Rates 30 days -3 years 120 hours/5 shifts 288.0 4.615 4-7 years 180 hours/7.5 shifts 408.0 6.923 8-10 years 240 hours/10 shifts 528.0 9.231 11-14 years 264 hours/11 shifts 528.0 10.154 15-19 years 288 hours/12 shifts 528.0 11.077 20-24 years 312 hours/ 13 shifts 528.0 12.002 25+ years 336 hours/14 shifts 528.0 12.923 B. An employee who, as of July 1 of any given year, has completed 10, 20 or 25 years of service shall receive a onetime credit of 24 hours of vacation, if a shift employee; or receive 10 hours, if a 40 -hour employee. C. The District will notify employees, in writing, within the pay period prior to the time that maximum vacation accrual will be reached that the accrual is approaching that maximum. The employee will then be required to (1) schedule time off or, (2) receive pay in lieu of time off so as to not exceed the maximum accrual. D. Any full-time employee who is out about to terminate employment and has earned vacation time to his or her credit, shall be paid for such vacation time on the effective date of such termination. When separation is caused by death of an employee, payment shall be made to the estate of such employee. E. For vacation accrual purposes only, safety personnel hired prior to July 1, 1996 are allowed to include prior years of all fire service employment. F. Each fiscal year, at the employee's written request, the District will "buy back" the total cash value of up to 100 hours of previous earned vacation leave. This buy back shall occur twice annually in a fiscal year, in November and April. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buy back time. 30 Fire MEG MOU 2019-2023 Page 252 § 4. Sick Leave Sick leave shall be used in case of a bona fide illness of the employee upon approval. Sick leave may also be used for sickness, disability, serious illness or emergency of his or her child, parent, or spouse or registered domestic partner, grandparent, grandchild, and sibling, or any other member of the employee's immediate family as defined by District Personnel Rules, which is incapacitated and/or requires the service of a physician, and when the presence of the employee is required. At the conclusion of the need for time off to care for a family member, said employee shall return to work as soon as possible. The employee must give the immediate supervisor or Fire Chief reasonable advance written or oral notice. If the need for sick leave is not foreseeable, the employee shall provide written or oral notice of the need for sick leave as soon as practicable. If the employee is required to be absent on sick leave for more than one day, the employee must keep the immediate supervisor informed each day as to the date the employee expects to return to work and the purpose of the leave. Failure to request sick leave as required by this provision without good reason, may result in the employee being treated as absent without leave. The maximum number of hours that may be used for sickness, disability, serious illness or emergency of his child or her child, parent, or spouse or registered domestic partner, grandparent, grandchild and sibling is equal to the employee's annual accrual. A. Full-time Employees 1. All employees shall be accruing sick leave as follows: Personnel Monthly Annual Accrual Max. Accrual 40 -hour Personnel 10 hours 120 hours No limit Shift Personnel 12 hours 144 hours No limit (1/2 shift) (6 shifts) B. Sick Leave Use Personal Sick Leave Employees can use sick leave for personal illness, injury, a health-related reason (such as the diagnosis, care or treatment of a health condition), or preventive care. 2. Family Sick Leave Employees can use sick leave for the illness or injury of a health-related reason (such as the diagnosis, care or treatment of a health condition), or preventive care of qualified family member. For the purpose of Family Sick Leave, a qualified member means the employee's: child (includes any age or dependency status, or for whom the employee is a legal ward or stands in loco parentis), parent (includes person who stood in loco parentis of the employee as a child), parent -in-law, spouse, registered domestic partner, grandparent, grandparent -in-law, great- grandparent, great -grandparent -in- law, grandchild, great-grandchild, or sibling. 31 Fire MEG MOU 2019-2023 Page 253 3. Other Statutory Use Sick leave can be used to cover an absence for an employee who is victim of domestic violence, sexual assault, or stalking to: a. Obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health, safety, or welfare of the employee or their child(ren). b. Obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety. C. No employees shall be entitled to sick leave with pay while absent from duty for the following reasons: a. Disability arising from sickness or injury purposely self-inflicted or caused by his or her own willful misconduct. b. Sickness or disability sustained while on leave of absence. D. Except as specified in "G" below, sick leave shall not be used in lieu of or in addition to vacation. E. Employees must provide a physician's certification upon for any sick leave absence that occurs after the employee has used 40 hours or 4 shifts for 40 -hour personnel, whichever is greater, or 96 hours for 56 -hour personnel, that involves the illness of the employee or family member. This requirement does not pertain to Personal Leave (see §6). F. The Fire Chief may require medical certification that the employee is capable of and released to return to the performance of all duties of his/her position. G. In case of voluntary or involuntary termination of an employee's continuous service, except by reason of retirement or lay-off for lack of work or funds shall abrogate all sick leave and no payment will be made by the District for sick leave accrued to the time of such termination regardless of whether or not such employee subsequently reenters District service. H. Any employee incurring a serious injury or illness while on paid vacation leave may have those days of illness changed to sick leave with pay and vacation days restored accordingly, provided the employee has sufficient sick leave accrued and the period of illness is certified by a written doctor's statement. I. Employees with ten (10) or more years of service shall be eligible to convert unused sick leave to vacation in accordance with the following: Fire MEG MOU 2019-2023 Page 254 1. Shift Employees who, in the preceding calendar year, accrued 108 to 144 (90 to 120 for 40 hour week employees) unused hours of sick leave earned in that preceding calendar year, may exercise the option of having one-half (1/2) of that unused sick leave accrued in the preceding year converted to vacation leave and the remainder carried over as accrued sick leave. 2. Employees who have accrued 72 to 108 (60 to 90 for 40 -hour week employees) unused hours of sick leave earned in the preceding calendar year may exercise the option of having one-fourth (1/4) of the unused sick leave accrued in the preceding calendar year converted to vacation leave and the remainder carried over as accrued sick leave. 3. Any employee who qualifies to convert sick leave to vacation leave must submit a written request to the District on or before January 15th of the year in which the conversion is to be made. J. Upon the retirement of an employee, the employee may elect from one or more of the following options: • Sell back up to fifty per cent (50%) of his/her accumulated unused sick leave at the employee's regular hourly rate of pay at retirement. • Designate accumulated unused sick leave for CalPERS service credit per Government Code Section 20965. • Apply the cash value of up to one hundred percent (100%) of accumulated unused sick leave to the employee's VEBA account (if enrolled), at the employee's regular hourly rate of pay, as permitted by the VEBA plan. § 5. Conversion Factor The factor used to convert the accruals for forty (40) hour per week personnel to fifty- six (56) hour per week personnel will be: Vacation, holiday, and sick leave: Work Week Basis Vacation 40 Hour 56 Hour Conversion Fartnr 30 days -3 years 85.72 120 1.5 4-7 years 128.57 180 1.5 8-10 years 171.43 240 1.5 11-19 years 188.58 264 1.57 20-24 years 196.58 288 1.57 25+ years 204.58 312 1.57 33 Fire MEG MOU 2019-2023 Page 255 Holiday 140 168 1.5 Sick 120 144 1.5 (40 to 56) EXAMPLE (8-10 year employee) Employee Benefits Vacation = 100 hours Holiday = 72 hours Sick = 300 hours 472 total hours X 1.5 (factor) = 708 hours total Note: if an employee goes from a 56 to 40 hours basis, the conversion will be the reciprocal of 1.5 or .667 § 6. Personal Leave A. The employee shall be granted one (1) day paid personal leave, in addition to the normal leave accrual, to attend the funeral of a relative not in the employee's immediate family. B. An employee required to appear before a court for other than subpoenas due to actions as a District employee or jury duty will receive the necessary time as paid personal leave, providing: 1. He or she notifies his or her supervisor with adequate advanced notice so that a relief may be obtained. 2. The employee must return to work within a reasonable time after the appearance. C. Personal Leave will be charged against any leave account in which the employee has accrued an appropriate balance, such as sick leave, vacation, or compensatory time. It is the employee's option which account is to be charged. D. Employees can use up to twenty (20) hours of accrued sick leave as personal leave. These twenty (20) hours can be used incrementally (i.e., 1 hour, '/2 hour) throughout the fiscal year. Use this time for emergency situations requiring the employee's attention and requires prior approval by their supervisor. § 7. Bereavement Leave A. 40 -hour Personnel In the event of a death in the employee's immediate family, the employee shall be granted five (5) days paid bereavement leave. Fire MEG MOU 2019-2023 Page 256 Shift Personnel In the event of a death in the employee's immediate family, the employee shall be granted three (3) shifts paid bereavement leave. B. Immediate Family is Defined as: Spouse, children, stepchildren, stepfather, stepmother, parents, brother, sister, grandfather, grandmother, grandchild, and the employee's mother -in law, father- in-law, grandparents -in-law. § 8. Compensatory Time A. In lieu of overtime pay, those employees assigned to a fire suppression 24-hour shift, at the employee's option, may be compensated with compensatory time off (CTO). CTO will accrue at the rate of one and one-half hours for each overtime hour worked. An employee may accumulate a maximum of 144 hours of CTO. Once employee accumulates 144 hours of CTO, any additional overtime hours will be paid to the employee his or her regular overtime rate of pay in the period earned. B. In addition, all hours remaining in a represented employee's CTO accrual "bank" will be paid to the employee at the employee's regular rate of pay at the end of the fiscal year in July and at the "Holiday Vacation/Compensation Time" buy back period in November and the balance in the CTO accounts will be reduced to zero hours. However, upon the request of the employee, the employee may carry over some CTO balance as long as it is used by the last pay period in July. C. Compensatory time may be earned for required attendance at special meetings of the Board of Directors and District Committees, except when such meetings are held in lieu of a regularly scheduled meeting or when such meetings are called and/or scheduled as part of the annual budget preparation process and annual audit. D. Compensatory time may also be earned for special and/or unusual work situation not provided for in the preceding paragraphs. § 9. Administrative Leave Administrative Leave: The following classifications shall earn Administrative Leave each fiscal year as follows: Fire Marshal 50 hours Deputy Fire Chief 75 hours Fire Chief 100 hours Unused administrative leave, to a maximum of forty (40) hours in June of each fiscal year may be sold back to District at the employee's then current hourly rate. Administrative leave shall not be carried beyond the year in which it was earned. 35 Fire MEG MOU 2019-2023 Page 257 § 10. Military Leave A. Every employee who is a member of a state or federal reserve military unit shall be entitled to be absent from service with District while engaged in the performance of ordered military duty and while going to or returning from such duty in accordance with the laws of the State of California or federal government. B. Employees are entitled to thirty (30) days paid military leave in any one fiscal year, provided they have been employed by the District for one (1) year prior to this leave. Any employee with less than one (1) year of service must use accrued annual leave or compensatory time if he or she wishes to receive normal pay. C. Employees who are called or volunteer for active service with the armed forces of the United States shall be entitled to reinstatement to their former positions. Upon application for reinstatement, the individual must display a certificate showing service was other than dishonorable. However, any individual must display possessing right of reinstatement automatically forfeits these rights upon voluntary enlistment for a second term. D. Any employee returning from service with the armed forces shall be entitled to such length of service seniority as would have been credited to them had they remained for that period of time with the District. E. An employee who was in a probationary period at the time of military leave shall, upon return, complete the remaining portion of the probationary period according to the rules in effect at the start of military leave. F. An employee promoted to fill a vacancy created by a person serving in the armed forces shall hold such position subject to the return of the veteran. The employee affected by the return shall be restored to his or her former position or one of a similar nature while the returning employee resumes the position he or she previously held. §11. Jury Duty Any member of District who is called or required to serve as a trial juror may be absent from duty with District during the period of such service or while necessarily being present in court as a result of such call. Such member on jury duty will continue to receive normal pay, provided he or she: A. Notifies his or her supervisor, in advance, with adequate time remaining so that a relief may be obtained. B. Returned to duty within a reasonable time after being released with a signed certificate of service from the court stipulating the hours of service and release time. This certificate may be obtained by asking the court secretary or bailiff. The employee then forwards it to his or her supervisor. 36 Fire MEG MOU 2019-2023 Page 258 C. Pay received for service while absent from District must be turned over to District; however, pay received while off duty may be kept by the employee. D. All personnel called for jury duty must abide by all of the above rules and must return to work if dismissed before the end of their regular work shift. § 12. Civil Subpoena/Criminal Subpoena A. Civil Subpoena When members of the District have been served a civil subpoena to appear in court as a witness due to actions as a District employee, the following procedure shall be followed: a. Personnel will be paid at their regular hourly rate while they are in court. b. District transportation will be provided when available. If the employee uses his or her own transportation, he or she will be reimbursed by District at the prevailing mileage rate. c. If the employee is required to appear in a court that is outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal and/or lodging, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the department head. B. Criminal Subpoena 1. Pursuant to California Penal Code 1326 et. seq., if an employee is served with a criminal subpoena, the employee will be paid at the regular hourly rate while in court. 2. District transportation will be provided when available. If the employee uses their own transportation, they will be reimbursed by District at the prevailing mileage rate. 3. If the employee is required to appear in court outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the Fire Chief. 4. A criminal subpoena need not have a court stamp affixed. § 13. Leaves of Absence without Pay A. Upon the written request of the employee, a leave of absence may be granted for a period not to exceed thirty (30) days by the Fire Chief, or a period not to exceed one (1) year by the Board of Directors. 37 Fire MEG MOU 2019-2023 Page 259 B. Failure of the employee to return to his or her employment upon the termination of an authorized leave of absence shall constitute a separation from service by that employee. C. Leave of absence without pay granted by the Board shall not be construed as a break in service or employment. During these periods, vacation, holiday, or sick leave credits shall not accrue. An employee reinstated after a leave of absence without pay shall receive the same step in the salary range received when he or she began the leave of absence. Time spent on such leave without pay shall not count toward service for increases within the salary range or for the purposes of seniority. For the purposes of this section, the employee's merit increase eligibility date shall be adjusted to the date of reinstatement. D. An employee on an approved leave of absence without pay may continue medical insurance coverage by paying the full cost to District, in advance, for each month, or portion thereof, of which he or she is absent. § 14. Natal and Adoption Pay A. Natal and Adoption Leave with Pay Employees are granted up to 2 days natal and adoption leave with pay for the birth or adoption of a child, however, use of two paid days does not extend any time charged under FMLA or CFRA. Any paid time required beyond this initial 2 days must be charged to sick leave, vacation, compensatory or floating holiday time. B. Natal and Adoption Leave without Pay The District shall provide employees up to four months natal and adoption leave for the birth or adoption of a child; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act ("PDA"; California Government Code section 12945), if applicable. The District's PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond the four-month period will be responsible for the payment of medical, dental and optical premiums to keep the coverage in force during the leave of absence. ARTICLE IV GRIEVANCE PROCEDURE § 1. Purpose This article is intended to provide a fair and orderly procedure for the resolution of employee. A grievance is a claimed violation, misinterpretation, misapplication, or noncompliance with existing District codes, resolutions, written rules, policies, procedures, orders and regulations, or this document. This grievance procedure shall not apply to disciplinary matters or to reviews of performance evaluation reports or to discharge of probationary employees. Disciplinary matters include all warnings, written reprimands, suspensions, reductions in pay which are not the result of transfer or reassignment, demotions, dismissal or any other action which Fire MEG MOU 2019-2023 Page 260 consists of a taking of property as said term is defined by the courts in the disciplinary context ( Reassignments and/or transfer that result in a loss of compensation shall not be deemed to be disciplinary actions.) § 2. Objectives The grievance procedure is established to accomplish the following objectives: A. To settle disagreements at the employee -supervisor level, informally if possible. B. To provide an orderly procedure to handle grievances. C. To resolve grievances as quickly as possible. D. To correct, if possible, the cause of grievances to prevent future similar complaints. E. To provide for a two-way system of communication by making it possible for levels of supervision to address problems, complaints, and questions raised by employees. F. To reduce the number of grievances by allowing them to be expressed and thereby adjusted and eliminated. G. To promote harmonious relations generally among employees, their supervisor and the administrative staff. H. To assure fair and equitable treatment for all employees. § 3. General Provisions A. Preparation of a grievance will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. B. The Board of Directors or its individual members shall not be approached by employees or their representatives at any time that the grievance is being processed. C. Failure of the grievant to comply with time limitations specified in the grievance procedure shall constitute a withdrawal of the grievance, except upon a showing of good cause for such failure. Failure of District supervisory or administrative staff to comply with specified time limitations shall permit the grievant to proceed to the next step in the procedure. EXCEPTION: Notwithstanding the above, an extension of time is permitted with the mutual consent of both parties. D. In the event a grievant elects to represent himself or herself or is represented by counsel other than that provided by the employee organization, the employee Fire MEG MOU 2019-2023 Page 261 organization shall be apprised of the nature and resolution of the grievance if the issues involved are within the scope of said organization's representation rights. E. If an individual named in a dispute is unavailable within the time period specified in these procedures, time limitations can be extended by mutual agreement of the representatives of the respective parties. F. Any period of time specified in this rule for the giving of notice or taking of any action exclude weekends and holidays. G. Unless otherwise specifically provided for herein, the term "days" shall mean business days of the District's Administrative offices. H. An arbitrator shall not have authority to determine if a matter is within the definition of a "grievance" and/or is timely filed or otherwise administratively prosecuted on a timely basis. § 4. Informal Grievance Procedure Most problems or complaints can be settled if the employee will promptly, informally and amicably discuss them with his or her immediate supervisor. Such an initial discussion shall precede any use of the formal grievance procedure. If the immediate supervisor fails to reply to the employee within ten (10) days, or the employee is not satisfied with the decision, the employee may utilize the Formal Grievance Procedure. Although invocation of teh Informal Grievance Procedure does not mandate submission of the grievance in writing, the immediate supervisor shall document the subsatnce of the grievable problem or complaint within seven (7) days of the date that he employee knew or should reasonably have known of the existence of the problem or complaint, shall constitute a waiver by the employee of the ability to utilize the grievance procedure. § 5. Formal Grievance Procedure A. Step I The employee and/or representative shall present the grievance, in writing and signed, to his or her immediate supervisor within fifteen (15) days of the date that cause for grievance arises. An official grievance form must be used stating names, dates, times, place, and nature of grievance, explaining how the grievance fits within the definition of "grievance" as set forth in § 1, above. The employee's supervisor shall attempt to resolve the grievance with the employee and shall submit his or her decision in writing to the employee within ten (10) days after receipt of the grievance. The employee shall have the right to appeal the decision of the supervisor to the Fire Chief. B. Step II 1. If the grievance is not resolved to the satisfaction of the employee, the grievant has seven (7) days following receipt of the written response from his or her supervisor to file a written appeal to the Fire Chief or designated representative. 40 Fire MEG MOU 2019-2023 Page 262 2. Written appeal to the Fire Chief or designated representative shall consist of the statement of the grievance and shall include a statement by the grievant's representative setting forth the reasons why the response of the employee's supervisor did not satisfactorily resolve the grievance and an indication of the action desired by the grievant. The written appeal shall explain why the grievance fits within the definition of "grievance" as set forth in § 1, above. 3. After submission of the written appeal, the Fire Chief or designee shall reply within three (3) days, in writing, to the grievant regarding the grievance. In event of rejection, reasons for so doing will be included in the response. C. Step III 1. If the grievance is not resolved to the satisfaction of the employee, the grievant has seven (7) days following receipt of the written response from the Fire Chief or designee to file a written appeal to the Chief Executive Officer (CEO) of the District. The CEO may designate a representative to act in his or her stead. 2. Written appeal to the CEO or designated representative shall consist of the statement of the grievance and shall include a statement by the grievant's representative setting forth the reasons why the response of the Fire Chief or designee did not satisfactorily resolve the grievance, and an indication of the action desired by the grievant. The written appeal shall explain why the grievance fits within the definition of "grievance" as forth in § 1, above. 3. After submission of the written appeal, the CEO or designee shall reply in writing within fifteen (150 days, to the grievant regarding grievance. The reasons for the decision will be included in the response. 4. Section 1 PURPOSE defined a grievance as a claimed violation, misinterpretation, misapplication or noncompliance with existing District codes, resolutions, written rules, policies, procedures, orders and regulations, or this document. The decision by the CEO or designee shall address whether or not the complaint of the employee is grievable pursuant to the grievance definition set forth in § 1 above and/or is timely filed or otherwise administratively prosecuted on a timely basis. In the event that the CEO or designee determines that the employee's complaint is not defined by § 1 above as a grievance and/or is not timely filed or otherwise administratively prosecuted in a timely basis, the CEO or designee shall proceed no further unless or until on application by the employee, a judgment is entered at the trial court level, indicative of the complaint being jurisdictionally grievable pursuant to the definitions set forth in § 1 above and/or pursuant to requirements of timeliness. D. Step IV 1. If a grievance is not resolved by the CEO or designee and is deemed "grievable" pursuant to these rules and regulations, (a defined grievance and/or timely) then 41 Fire MEG MOU 2019-2023 Page 263 within seven (7) days of service by the CEO or designee of a grievance decision, the employee may further appeal to binding arbitration. Said appeal shall be timely only if it is received in the office of the CEO or designee not later than seven (7) days after service of the grievable decision by the CEO or designee. 2. The employee's appeal shall state with specificity the identification of the District Codes, resolutions, written rules or regulations or sections of this document which is claimed to have been violated. The appeal shall additionally state with specificity all allegations of facts upon which the grievance is based, and the specific relief sought. 3. Within ten (10) days after receipt of a valid appeal, the CEO or his designee shall request of the California State Conciliation and Mediation Service, that it submit a list of seven (7) arbitrators for hearing of the grievance. The CEO or designee shall direct that a copy of the list of arbitrators be sent to the employee and to the CEO or designee, as well. 4. Absent mutual selection of an arbitrator from either the submitted list or otherwise, the arbitrator shall be chosen by an initial flip of the coin, with the prevailing employee or CEO/designee having the option of making the first strike or directing that the opposing party make the first strike. Following alternate striking, the one remaining arbitration candidate shall be deemed the appointed arbitrator. 5. The arbitrator shall conduct the hearing at a time and place mutually agreed upon by both parties. 6. The hearing shall be memorialized by use of a certified shorthand reporter. The shorthand reporter shall be selected by the employee. 7. All fees and expenses of the arbitrator shall be borne equally by the parties. 8. All fees and expenses related to the securing of a representative and/or legal counsel, the preparation of transcripts, witness fees and other expenses attendant to the presentation of evidence, shall be borne by the party at whose direction said expense is incurred. 9. The per diem fee of the shorthand reporter shall be borne equally by the parties. The cost of transcription shall be borne by the party ordering the transcript. 10. Neither the Federal or California State Rules of Evidence shall be binding upon evidentiary issues at the hearing. However, such authorities may be considered by the arbitrator in rendering evidentiary rulings. Further, the California Administrative Procedure Act shall specifically be of no application to the hearing process. Fire MEG MOU 2019-2023 Page 264 11. Although the Rules of Evidence shall not be strictly adhered to, hearsay that would be inadmissible in a civil or criminal proceeding cannot in and of itself support a finding by the arbitrator without corroboration. In general, the arbitrator shall admit evidence which is of such reliability that reasonable persons rely upon it in the conduct of serious matters such as the hearing. 12. The burdens of proof and production of evidence shall be borne by the employee and shall be by a preponderance of the evidence. 13. Not later than ten (10) days prior to the date of commencement of the hearing, the parties shall exchange lists of witnesses each intends to call at the hearing, and a list of documents it intends to introduce at the hearing. Said documents shall be attached to the notifications provided for herein, and the notifications shall actually be in receipt of the opposing party on or before the tenth (1011) day prior to commencement of the hearing. Failure to comply with said requirements shall result in exclusion of witness testimony and/or rejection of exhibits not designated in the submissions. 14. The arbitrator shall be empowered to issue subpoenas for the production of persons and documents. The arbitrator shall designate the subpoena form to be utilized in such case. The California Code of Civil Procedure, the Evidence Code and other applicable statues shall apply to the validity and processing of subpoenas and to the method of service of the same. 15. No later than thirty (30) days after closure of the record, the arbitrator shall render a binding opinion regarding the issues at dispute, and shall submit the binding opinion to the employee, to the Fire Chief and to the Chief Executive Officer of the District. 16. The conduct of the arbitration proceedings shall be governed by this MOU, and not by CCP § 1280 et seq. ARTICLE V DISCIPLINE District and Union have met and conferred and adopted a disciplinary procedure which amends District Personnel Rule XXIV. This procedure conforms with California Government Code Sections 3250-3262, commonly referred to as the "Firefighter's Bill of Rights" (FBOR). The Fire Chief is considered "At will" and not subject to the general discipline procedures. However, the Fire Chief is entitled to protection under the FBOR and will be afforded all FBOR rights. Under the FBOR, a Fire Chief cannot be removed without affording him or her written notice, the reason(s) for removal, and an opportunity for administrative appeal; and provides that the following is a non -exhaustive list of satisfactory reasons a Fire Chief may be removed: 1) implementation of goals or policies of the employing agency, 2) incompatibility of management styles, or 3) a change of administration. 43 Fire MEG MOU 2019-2023 Page 265 ARTICLE VI SAFETY § 1. Compliance District and employees shall conform to and comply with all health, safety, and sanitation requirements imposed by District, state or federal law or regulations adopted under state or federal law. § 2. No Discrimination No employee shall be in any way discriminated against as a result of reporting any condition believed to be a violation of § 1 of this Article V. § 3. Safety Equipment Should the employment duties of an employee in the unit, in the estimation of OSHA, require use of any equipment or gear to ensure the safety of the employee or others, District agrees to furnish such equipment or gear. § 4. Employee Responsibility In the course of performing their normally assigned work, employees will be alert to observe unsafe practices, equipment, and conditions; as well as environmental conditions in their immediate area which represent health hazards and will report such conditions to their immediate supervisor. All employees shall make certain that all power machinery is equipped with safety devices properly installed and in working condition and that co-workers use utmost care in the handling of tools and equipment. Employees shall report all accidents immediately to their immediate supervisors. Reports shall be submitted on forms provided by District. § 5. Smoking Policy Employees have agreed to accept and abide by the District "Smoking Policy," as written and approved by the Chief. ARTICLE VII MANAGEMENT RIGHTS § 1. Scope of Rights It is understood and agreed that District possesses the sole right and authority to operate and direct the employees of District in all aspects, except as modified in this Memorandum of Understanding. These rights include, but are not limited to: A. The right to determine its mission, policies, and standards of service to be provided to the public; B. To plan, direct, control, and determine the operations or services to be conducted by employees of the District; Fire MEG MOU 2019-2023 Page 266 C. To determine the methods, means, and number of personnel needed to carry out District's mission; D. To direct the working forces; E. To hire, assign, or transfer employees within District; F. To promote, suspend, discipline, or discharge employees; G. To layoff or relieve employees due to lack of work or funds or for other legitimate reasons. (any provision within this MOU, City rules and regulations or any other policy or procedure promulgated by the City or any Department of the City which prohibits the imposition of layoffs, is deemed null and void); H. To make, publish, and enforce rules and regulations; I. To introduce new or improved methods, equipment, or facilities; J. To contract out for goods and services; K. To take any and all actions as may be necessary to carry out the mission of District in situations of civil emergency as may be declared by the Board of Directors or Fire Chief; L. To schedule and assign work; M. To establish work and productivity standards. § 2. Emergency Conditions If in the sole discretion of the Board of Directors or Fire Chief it is determined that extreme civil emergency conditions exist, including, but not limited to, riots, civil disorders, earthquakes, floods, or other similar catastrophes, the provisions of this MOU may be suspended during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. ARTICLE VIII EMPLOYEE RIGHTS The Fire District shall provide thirty (30) minutes at a mutually agreeable time during the employee onboarding process for a Fire Management Employee Group (Group) representative to meet with a new Group covered employee and present the benefits of being a member of the Group. Onboarding of new employees occurs during the first working day at the start of a new pay -period up to 26 times per year. The Fire District will provide a calendar before the start of a new year. A Group representative will have up to 30 minutes of uninterrupted time to meet with new Group covered employees. Prior to the meeting, or in no case later than the meeting time, the Fire District will provide the name and job assignment of the new employee to the Group representative. The Fire District will provide the designated 45 Fire MEG MOU 2019-2023 Page 267 Group representatives with all available information about the employee as required under AB 119 within 30 days of the employees start date and the Fire District will provide the required information on all Group covered employees again as required under AB 119 at least three (3) times per year. ARTICLE IX MAINTENANCE OF BENEFITS All benefits enjoyed by the employees at the present time, which are not included in nor specifically changed by this MOU, shall remain in full force and effect; provided, however, that upon the mutual agreement of the parties, the meet and confer process may be initiated to address proposed changes. This Article is not to be interpreted as affecting any other rights or obligations the respective parties have under § 3500, et seq., of the California Government Code. ARTICLE X APPROVAL BY THE BOARD OF DIRECTORS This MOU is subject to approval by the Board of Directors of District. The parties hereto agree to perform whatever acts are necessary both jointly and separately to urge the Board to approve and enforce this MOU in its entirety. Following approval of this MOU by the Board, its terms and conditions shall be implemented by appropriate ordinance, resolution, or other lawful action. ARTICLE XI PROVISIONS OF LAW A. It is understood and agreed that this MOU and employees are subject to all current and future applicable Federal and State laws and regulations and the current provisions of District law. If any part or provisions of this MOU is in conflict or inconsistent with such applicable provisions of those Federal, State, or District enactments or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. If any substantive part or provision of this MOU is suspended or superseded, the parties agree to re -open negotiations regarding the suspended or superseded part or provisions with the understanding that the total compensation to employees under this MOU shall not be reduced or increased as result of this Article. B. District and Fire MEG recognize that under this MOU and in personnel matters not covered in this contract, the current District Personnel Rules as amended and effective shall apply. The Personnel Rules applicable to the Association shall not be changed for the duration of this MOU. ARTICLE XII TERM The term of this MOU shall run from August 1, 2019 through and including 11:59 p.m. on July 31, 2023. 46 Fire MEG MOU 2019-2023 Page 268 ARTICLE XIII NEGOTIATIONOF SUCCESSOR MOU In the event either party wishes to negotiate a successor MOU, the parties agree that negotiations shall commence on or about September 1, 2022. Fires NAF( Date Michael McCliman Fire Deputy Chief 47 Fire MEG MOU 2019-2023 Fires nictrir^t Date John R. Gillison City Manager Robert Neiuber Human Resources Director Page 269 ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 2111 day of August 2019. Executed this 21s' day of July 2019 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. FD 19-019 — Page 2 of 2 Page 270 DATE: August 21, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Robert Neiuber, Human Resources Director Jenifer Phillips, Deputy Director of Human Resources SUBJECT: CONSIDERATION TO ADOPT A RESOLUTION UPDATING THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT - FIREFIGHTER LOCAL 2274 SALARY SCHEDULE EFFECTIVE AUGUST 10, 2019. RECOMMENDATION: Staff recommends that the Board of Directors of the Rancho Cucamonga Fire Protection District adopt a resolution approving updating the Rancho Cucamonga Firefighter Local 2274 Salary Schedule for Fiscal Year 2019/20. BACKGROUND: The Rancho Cucamonga Fire Protection District Board traditionally adopts salary resolutions for those classifications employed by the Rancho Cucamonga Fire Protection District. There resolutions are updated to reflect changes in salaries, additions and deletions of classifications, changes in job titles, and other terms of employment. ANALYSIS: After meeting and conferring in good faith with the District through the Spring of 2019, District representatives and Firefighter Local 2274 representatives have worked on agreements that will be brought before the Local 2274 Members on Friday, August 16, 2019 for a ratification vote. Should the vote pass, this Staff Report will be updated to reflect the agreement. Should the vote not pass, this Agenda Item will be removed from the Board Meeting Agenda for August 21, 2019. ATTACHMENTS: Description Attachment 1 - Resolution 19-xxx Attachment 2 - Fire Union Salary Schedule Attachment 3 - Updated Staff Report Page 271 RESOLUTION NO. FD 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FIREFIGHTERS LOCAL 2274 SALARY SCHEDULE FOR FISCAL YEARS 2019-2020, 2020-2021, 2021-2022, 2022-2023 WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has determined that it is necessary for the efficient operation and management of the District that policies be established prescribing salary ranges, benefits and holidays and other policies for employees of the Rancho Cucamonga Fire Protection District; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has previously adopted salary resolutions that established salary ranges, benefits and other terms of employment for employees of the Rancho Cucamonga Fire Protection District; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District recognizes that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, benefits and other terms of employment; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Rancho Cucamonga Fire Protection District, Rancho Cucamonga, California to approve the attached salary schedule for the Firefighters Local 2274 effective August 10, 2019. PASSED, APPROVED AND ADOPTED this 21St day of August 2019. L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary Page 272 FIRE UNION ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES August 10, 2019 HAZARDOUS MATERIAL STIPEND (5% of Fire Enqr. Step E A B C D E FIRE CAPTAIN 32.23 33.84 35.53 37.31 39.17 Hourly 187.01 3,609.34 3,790.37 3,979.38 4,178.63 4,386.99 Bi -Weekly 405.20 7,820.23 8,212.47 8,621.99 9,053.70 9,505.16 Monthly FIRE CAPTAIN 32.23 33.84 35.53 37.31 39.17 Hourly SPECIALIST 3,609.34 3,790.37 3,979.38 4,178.63 4,386.99 Bi -Weekly 1,128.07 7,820.23 8,212.47 8,621.99 9,053.70 9,505.16 Monthly FIRE ENGINEER 27.47 28.84 30.28 31.80 33.40 Hourly 3.64 3,076.48 3,230.19 3,391.87 3,561.52 3,740.27 Bi -Weekly 407.99 6,665.70 6,998.74 7,349.04 7,716.62 8,103.93 Monthly FIREFIGHTER 24.01 25.21 26.47 27.79 29.19 Hourly 1.67 2,689.35 2,823.71 2,964.89 3,112.91 3,268.90 Bi -Weekly 187.01 5,826.93 6,118.03 6,423.94 6,744.64 7,082.61 Monthly FIRE INSPECTOR 27.47 28.84 30.28 31.80 33.40 Hourly TERRORISM 3,076.48 3,230.19 3,391.87 3,561.52 3,740.27 Bi -Weekly 0.83 6,665.70 6,998.74 7,394.04 7,716.62 8,103.93 Monthly FIELD TRAINING OFFICER 32.23 33.84 35.53 37.31 39.17 Hourly 202.60 3,609.34 3,790.37 3,979.38 4,178.63 4,386.99 Bi -Weekly 7,820.23 8,212.47 8,621.99 9,053.70 9,505.16 Monthly HAZARDOUS MATERIAL STIPEND (5% of Fire Enqr. Step E 1.67 1.67 1.67 1.67 1.67 Hourly 187.01 187.01 187.01 187.01 187.01 Bi -Weekly 405.20 405.20 405.20 405.20 405.20 Monthly PARAMEDIC STIPEND (13.92% of Fire Enqr. Step El 4.65 4.65 4.65 4.65 4.65 Hourly 520.65 520.65 520.65 520.65 520.65 Bi -Weekly 1,128.07 1,128.07 1,128.07 1,128.07 1,128.07 Monthly FIELD TRAINING OFFICER STIPEND (9.3% of Fire Capt. Step El 3.64 3.64 3.64 3.64 3.64 Hourly 407.99 407.99 407.99 407.99 407.99 Bi -Weekly 883.98 883.98 883.98 883.98 883.98 Monthly TECHNICAL RESCUE STIPEND (5% of Fire Enqr. Step E) 1.67 1.67 1.67 1.67 1.67 Hourly 187.01 187.01 187.01 187.01 187.01 Bi -Weekly 405.20 405.20 405.20 405.20 405.20 Monthly TERRORISM LIAISON OFFICER STIPEND (2.5% of Fire Enqr. Step El 0.83 0.83 0.83 0.83 0.83 Hourly 93.51 93.51 93.51 93.51 93.51 Bi -Weekly 202.60 202.60 202.60 202.60 202.60 Monthly BA, BS, or Fire Officer Certification 1.31 1.31 1.31 1.31 1.31 Hourly 146.31 146.31 146.31 146.31 146.31 Bi -Weekly 317.00 317.00 317.00 317.00 317.00 Monthly MA, MS or Chief Officer Certification 1.96 1.96 1.96 1.96 1.96 Hourly 219.23 219.23 219.23 219.23 219.23 Bi -Weekly 475.00 475.00 475.00 475.00 475.00 Monthly Attachment 2 Resolution No. FD 19 - Page 273 Item C12 Updated StaffReport/ Additional Material AA,..,-, I Ilo-;. AA;. -I -1 I AA,..,,,, D- T.- I-- R v.....4 - STAFF REPORT Date: August 21, 2019 To: President and Members of the Board of Directors From: John R. Gillison, City Manager By: Robert Neiuber, Human Resources Director Subject: CONSIDERATION TO ADOPT A RESOLUTION UPDATING THE RANCHO CUCAMONGA FIRE PROTECTION DICTRICT — FIREFIGHTER LOCAL 2274 SALARY SCHEDULE EFFECTIVE AUGUST 10, 2019 RECOMMENDATION: Staff recommends that the Board of Directors of the Rancho Cucamonga Fire Protection District adopt a resolution approving updating the Rancho Cucamonga Firefighter Local 2274 Salary Schedule for Fiscal Year 2019/20. BACKGROUND: The Rancho Cucamonga Fire Protection District Board traditionally adopts salary resolutions for those classifications employed by the Rancho Cucamonga Fire Protection District. There resolutions are updated to reflect changes in salaries, additions and deletions of classifications, changes in job titles, and other terms of employment. ANALYSIS: After meeting and conferring in good faith with the District through the Spring of 2019, District representatives and Firefighter Local 2274 representatives have successfully reached agreement on a new forty -seven-month Memorandum of Understanding (MOU). This negotiated MOU includes equity adjustments for classifications surveyed below the survey average to bring them closer to the survey average. Staff recommends that the Fire Board approve the resolution updating the Rancho Cucamonga Fire Protection District Firefighter Local 2217 Group Salary Schedule for fiscal year 2019-20 to include the aforementioned changes effective on August 10, 2019 for the classifications employed by the Firefighter Local 2217 Group as agreed upon in the new MOU. FISCAL IMPACT: Adjustments to the salary schedule and their fiscal impacts were considered during the new MOU negotiations. Page 274 Mayor L. Dennis Michael I Mayor Pro Tem Lynne B. Kennedy Council Members Ryan A. Hutchison, Kristine D. Scott, Sam Spagnolo City Manager John R. Gillison I Fire Chief Ivan Rojer 10500 Civic Center Drive I Rancho Cucamonga, CA 91730 1909.477.2700 1 www.RCfire.org DISTRICT BOARD GOAL(S) ADDRESSED: ATTACHMENTS: Attachment 1 — Resolution No. 19-020 Attachment 2 — Salary Schedule Page 275 RESOLUTION NO. FD 19-020 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FIREFIGHTERS LOCAL 2274 SALARY SCHEDULE EFFECTIVE AUGUST 10, 2019 WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has determined that it is necessary for the efficient operation and management of the District that policies be established prescribing salary ranges, benefits and holidays and other policies for employees of the Rancho Cucamonga Fire Protection District; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has previously adopted salary resolutions that established salary ranges, benefits and other terms of employment for employees of the Rancho Cucamonga Fire Protection District; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District recognizes that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, benefits and other terms of employment; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Rancho Cucamonga Fire Protection District, Rancho Cucamonga, California to approve the attached salary schedule for the Firefighters Local 2274 effective August 10, 2019. PASSED, APPROVED AND ADOPTED this 21St day of August 2019. L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary Page 276 Resolution No. FD 19 - FIRE UNION ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES August 10, 2019 HAZARDOUS MATERIAL STIPEND (5% of Fire Enqr. Step E A B C D E FIRE CAPTAIN 32.23 33.84 35.53 37.31 39.17 Hourly 187.01 3,609.34 3,790.37 3,979.38 4,178.63 4,386.99 Bi -Weekly 405.20 7,820.23 8,212.47 8,621.99 9,053.70 9,505.16 Monthly FIRE CAPTAIN 32.23 33.84 35.53 37.31 39.17 Hourly SPECIALIST 3,609.34 3,790.37 3,979.38 4,178.63 4,386.99 Bi -Weekly 1,128.07 7,820.23 8,212.47 8,621.99 9,053.70 9,505.16 Monthly FIRE ENGINEER 27.47 28.84 30.28 31.80 33.40 Hourly Hourly 3,076.48 3,230.19 3,391.87 3,561.52 3,740.27 Bi -Weekly Bi -Weekly 6,665.70 6,998.74 7,349.04 7,716.62 8,103.93 Monthly FIREFIGHTER 24.01 25.21 26.47 27.79 29.19 Hourly 1.96 2,689.35 2,823.71 2,964.89 3,112.91 3,268.90 Bi -Weekly 219.23 5,826.93 6,118.03 6,423.94 6,744.64 7,082.61 Monthly FIRE INSPECTOR 27.47 28.84 30.28 31.80 33.40 Hourly 3,076.48 3,230.19 3,391.87 3,561.52 3,740.27 Bi -Weekly 6,665.70 6,998.74 7,349.04 7,716.62 8,103.93 Monthly FIELD TRAINING OFFICER 32.23 33.84 35.53 37.31 39.17 Hourly 3,609.34 3,790.37 3,979.38 4,178.63 4,386.99 Bi -Weekly 7,820.23 8,212.47 8,621.99 9,053.70 9,505.16 Monthly HAZARDOUS MATERIAL STIPEND (5% of Fire Enqr. Step E 1.67 1.67 1.67 1.67 1.67 Hourly 187.01 187.01 187.01 187.01 187.01 Bi -Weekly 405.20 405.20 405.20 405.20 405.20 Monthly PARAMEDIC STIPEND (13.92% of Fire Enqr. Step E) 0.83 4.65 4.65 4.65 4.65 4.65 Hourly 520.65 520.65 520.65 520.65 520.65 Bi -Weekly 1,128.07 1,128.07 1,128.07 1,128.07 1,128.07 Monthly FIELD TRAINING OFFICER STIPEND (9.3% of Fire Capt. Step E) 3.64 3.64 3.64 3.64 3.64 Hourly 407.99 407.99 407.99 407.99 407.99 Bi -Weekly 883.98 883.98 883.98 883.98 883.98 Monthly TECHNICAL RESCUE STIPEND (5% of Fire Enqr. Step E) 1.67 1.67 1.67 1.67 1.67 Hourly 187.01 187.01 187.01 187.01 187.01 Bi -Weekly 405.20 405.20 405.20 405.20 405.20 Monthly TERRORISM LIAISON OFFICER STIPEND (2.5% of Fire Enqr. Step E) 0.83 0.83 0.83 0.83 0.83 Hourly 93.51 93.51 93.51 93.51 93.51 Bi -Weekly 202.60 202.60 202.60 202.60 202.60 Monthly BA. BS, or Fire Officer Certification 1.31 1.31 1.31 1.31 1.31 Hourly 146.31 146.31 146.31 146.31 146.31 Bi -Weekly 317.00 317.00 317.00 317.00 317.00 Monthly MA, MS or Chief Officer Certification 1.96 1.96 1.96 1.96 1.96 Hourly 219.23 219.23 219.23 219.23 219.23 Bi -Weekly 475.00 475.00 475.00 475.00 475.00 Monthly Attachment 2 Page 277 DATE: August 21, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Robert Neiuber, Human Resources Director Jenifer Phillips, Deputy Director of Human Resources SUBJECT: CONSIDERATION TO ADOPT A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND FIREFIGHTERS LOCAL 2274. RECOMMENDATION: Staff recommends that the Board of Directors of the Rancho Cucamonga Fire Protection District adopt a resolution approving the Memorandum of Understanding (MOU) between the District and the Rancho Cucamonga Firefighters Local 2274, relative to wages benefits and other terms and conditions of employment. BACKGROUND: On June 21, 2017, the Board of Directors approved a two-year MOU with Firefighter Local 2274. That MOU expired on June 30, 2019. The retention of our knowledgeable and committed workforce is vital to the District's commitment to provide a world class service to the community. The District must also educate and partner with employees to understand the cost of pay and benefits, and plan for the long-term sustainability of any increases. ANALYSIS: After meeting and conferring in good faith with the District through the Spring of 2019, District representatives and Firefighter Local 2274 representatives have worked on agreements that will be brought before the Local 2274 Members on Friday, August 16, 2019 for a ratification vote. Should the vote pass, this Staff Report will be updated to reflect the agreement. Should the vote not pass, this Agenda Item will be removed from the Board Meeting Agenda for August 21, 2019. ATTACHMENTS: Description Attachment 1 - Resolution 19-xxx Attachment 2 - Memorandum of Understanding Attachment 3 - Updated Staff Report Page 278 RESOLUTION NO. FD 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WHEREAS, Representatives of the Rancho Cucamonga Fire Protection District ("District": hereinafter) and the Rancho Cucamonga Firefighters Local 2274 have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of employment; and WHEREAS, Representatives of the District and Firefighters Local 2274 have agreed upon and presented to this Board a Memorandum of Understanding pertaining to the Firefighters Local 2274 effective, August 10, 2019 specifying the results of said meet and confer process; and WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred; and NOW, THEREFORE, the BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES that in all respects, as set forth in the recitals of this Resolution, the attached Memorandum of Understanding entered into by and between District representatives and the FIREFIGHTERS LOCAL 2274 for the period August 10, 2019 through XXXX, 2023, effective August 10, 2019 is hereby approved and ratified by the Board of Directors, and the Secretary shall certify to the adoption of this resolution ATTEST: L. Dennis Michael, President Resolution No. FD 19- — Page 1 of 2 Page 279 Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 2111 day of August 2019. Executed this 21s' day of July 2019 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. FD 19- — Page 2 of 2 Page 280 Memorandum of Understanding To Be Provided Prior To August 21, 2019 City Council Meeting Page 281 ItanC13.U1xjat Staff Rgx)rt/tidchtiomdNia iial Mayor L. Dennis Michael I Mayor Pro Tem Lynne B. Kennedy Council Members Ryan A. Hutchison, Kristine D. Scott, Sam Spagnolo City ManagerJohn R. Gillison I Fire Chief Ivan Rojer 10500 Civic Center Drive I Rancho Cucamonga, CA 91 730 1909.477.2700 1 www.RCfire.org STAFF REPORT Date: August 21, 2019 To: President and Members of the Board of Directors From: John R. Gillison, City Manager By: Robert Neiuber, Human Resources Director Jenifer Phillips, Deputy Director of Human Resources Subject: CONSIDERATION TO ADOPT A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND FIREFIGHTERS LOCAL 2274 RECOMMENDATION: Staff recommends that the Board of Directors of the Rancho Cucamonga Fire Protection District adopt a resolution approving the Memorandum of Understanding (MOU) between the District and the Rancho Cucamonga Firefighters Local 2274, relative to wages benefits and other terms and conditions of employment. BACKGROUND: On June 21, 2017, the Board of Directors approved a two-year MOU with Firefighter Local 2274. That MOU expired on June 30, 2019. The retention of our knowledgeable and committed workforce is vital to the District's commitment to provide a world class service to the community. The District must also educate and partner with employees to understand the cost of pay and benefits, and plan for the long-term sustainability of any increases. The joint salary survey for the Firefighters Local 2274 classifications showed them to be below market average as follows: Firefighter Classification (23%) below market average; Fire Engineer Classification (19%) below market average and the Fire Captain Classification (20%) below market average. ANALYSIS: After meeting and conferring in good faith, the District and Firefighter Local 2274 representatives have successfully reached agreement on a new Memorandum of Understanding (MOU). The proposed forty -seven-month MOU would be effective on August 10, 2019 and would provide equity adjustments to will bring the classifications closer to the market average as well as the following key provisions: • Increasing Employee Paid Member Contributions to CalPERS such that it eliminates (EPMC) by the end of the MOU. Page 282 AA,..,-, I Ilo—;. AA;. -I —1 I AA,..,,,, D... T.— I-- R v...,e.J., • Health Insurance contribution adjustment equivalent to the average eligible Public Employees' Medical and Hospital Care Act (PEMCHA) medical plan rates covering San Bernardino County. • Equity Adjustment of 12.66% over the term of the MOU to bring classifications below the survey average, closer to the survey average. • Restructuring the salary schedule by removing Step "A" effective August 10, 2019. • Voluntary Employees' Benefit Trust (VEBA) — 2% District contribution effective August 10,2019. • Deferred Compensation — Additional 2% contribution effective August 10, 2019. Other changes include adding and/or amending existing MOU language to confirm current practices and state and federal law. FISCAL IMPACT: The net budgeted fiscal impact of these benefit changes is anticipated to be $2,960,200 over the term of this agreement. Sufficient funding exists within the District's current and projected revenues to fund these changes without future changes or increases in fees or taxes. DISTRICT BOARD GOAL(S) ADDRESSED: Enhancing Premier Community Status ATTACHMENTS: Attachment 1 — Resolution No. 19-021 Attachment 2 — Memorandum of Understanding Page 283 RESOLUTION NO. FD 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WHEREAS, Representatives of the Rancho Cucamonga Fire Protection District ("District": hereinafter) and the Rancho Cucamonga Firefighters Local 2274 have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of employment; and WHEREAS, Representatives of the District and Firefighters Local 2274 have agreed upon and presented to this Board a Memorandum of Understanding pertaining to the Firefighters Local 2274 effective, August 10, 2019 specifying the results of said meet and confer process; and WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred; and NOW, THEREFORE, the BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES that in all respects, as set forth in the recitals of this Resolution, the attached Memorandum of Understanding entered into by and between District representatives and the FIREFIGHTERS LOCAL 2274 for the period August 10, 2019 through June 30, 2023, effective August 10, 2019 is hereby approved and ratified by the Board of Directors, and the Secretary shall certify to the adoption of this resolution ATTEST: L. Dennis Michael, President Resolution No. FD 19-021 — Page 1 of 2 Page 284 MEMORANDUM OF UNDERSTANDING RANCHO CUCAMONGA FIRE PROTECTION DISTRICT WK RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 2019-2023 Fire Union MOU 2019-2013 Page 285 Contents PREAMBLE................................................................................................................................................4 ARTICLE I RECOGNITION......................................................................................................................4 ARTICLE II COMPENSATION................................................................................................................4 § 1. Survey.............................................................................................................................................4 § 2. Salary Plan.................................................................................................................................... 6 § 3. Work Periods and Overtime..................................................................................................12 § 4. Uniform Allowance...................................................................................................................14 § 5. Employee Group Insurance..................................................................................................14 § 6. Retirement Plan.........................................................................................................................16 § 7. Work Related Injuries..............................................................................................................20 § 8. Carpooling..................................................................................................................................20 § 9. IRS 125 Plan...............................................................................................................................20 § 10. Voluntary Employee Benefit Association....................................................................21 § 11. Deferred Compensation..................................................................................................... 21 ARTICLEIII LEAVES..............................................................................................................................21 § 1. Holidays.......................................................................................................................................21 § 2. Vacation Leave.......................................................................................................................... 23 § 3. Sick Leave...................................................................................................................................24 § 4. Conversion Factor................................................................................................................... 27 § 5. Personal Leave..........................................................................................................................27 § 6. Bereavement Leave................................................................................................................. 28 § 7. Compensatory Time................................................................................................................28 § 8. Military..........................................................................................................................................29 § 9. Jury Duty.....................................................................................................................................30 § 10. Civil Subpoena/Criminal Subpoena...............................................................................30 § 11. Leaves of Absence without Pay......................................................................................31 § 12. Association Business.........................................................................................................31 § 13. Union Leave Bank................................................................................................................32 § 14. Natal and Adoption Pay......................................................................................................33 § 15. Family and Medical Leave.................................................................................................33 ARTICLE IV GRIEVANCE PROCEDURE...........................................................................................33 §1. Purpose........................................................................................................................................33 2 Fire Union MOU 2019-2013 Page 286 § 2. Objectives................................................................................................................................... 34 § 3. General Provisions..................................................................................................................34 § 4. Informal Grievance Procedure.............................................................................................35 § 5. Formal Grievance Procedure...............................................................................................35 ARTICLE V DISCIPLINE........................................................................................................................37 ARTICLEVI SAFETY............................................................................................................................. 37 § 1. Compliance.................................................................................................................................37 § 2. No Discrimination.....................................................................................................................37 § 3. Safety Equipment.....................................................................................................................37 § 4. Employee Responsibility.......................................................................................................37 § 5. Minimum Staffing.....................................................................................................................38 § 6. Smoking Policy.........................................................................................................................38 § 7. Weather Related Mandatory Recall....................................................................................38 ARTICLE VII MANAGEMENT RIGHTS...............................................................................................39 § 1. Scope of Rights.........................................................................................................................39 § 1. Emergency Conditions...........................................................................................................40 ARTICLE VIII MAINTENANCE OF BENEFITS..................................................................................40 ARTICLE IX APPROVAL BY THE BOARD OF DIRECTORS........................................................41 ARTICLE X PROVISIONS OF LAW.....................................................................................................41 ARTICLEXI TERM..................................................................................................................................42 3 Fire Union MOU 2019-2013 Page 287 PREAMBLE This Memorandum of Understanding ("MOU" hereinafter) is made and entered into by and between the Rancho Cucamonga Fire Protection District ("District" hereinafter), and the Rancho Cucamonga Fire Fighters' Local 2274 ("Union" hereinafter). The terms and conditions contained in this MOU are applicable to all full-time employees within this unit and contain the complete results of negotiations concerning wages, hours and other terms and conditions of employment for said employees represented herein. ARTICLE I RECOGNITION Pursuant to the provisions of existing rules and regulations and applicable State law, District hereby acknowledges Union as the exclusive recognized employee organization for the representation unit, which includes non -management safety employees of District, who are employed on a full-time basis. ARTICLE II COMPENSATION § 1. Survey District will conduct a survey in accordance with the elements and procedures provided below. A. Timing: The survey will be completed and available for review by District and Union no later than December 1 of the year prior to MOU expiration unless mutually agreed otherwise by the parties. Survey data will be those compensation amounts known and in effect as of the December 1 survey date. In the event a survey agency has a MOU that extends beyond the end of the fiscal year during which the survey is performed, the survey elements known and scheduled to be in force as of the following July will also be surveyed and included in the total compensation survey by the December 1 date. B. Survey Agencies: (1) Chino Valley Fire District, (2) City of West Covina, (3) City of Riverside, (4) City of Pasadena, (5) City of Ontario, (6) City of Corona. C. Survey Elements: 1. Top step base pay for Firefighter, Engineer, Captain, and Fire Inspector; 2. Emergency Medical Technician pay or stipend; 3. Paramedic pay or stipend; 4. Agency pick-up of member contributions to the Public Employees' Retirement System ("PERS"); employer contribution to PERS, net of any employee cost sharing; E Fire Union MOU 2019-2013 Page 288 5. Uniform Pay; 6. Employer Contribution to 401(a) Plan; 7. Maximum employer contribution to Voluntary Employee Benefit Association (VEBA). For the purposes of the survey, this benefit will be reflected as a fringe benefit under MSA; 8. Maximum employer contribution to medical, dental, vision and long-term disability plans for new employees; and 9. Any other incentive or premium that 50% or more of the individuals given in a classification at an agency are eligible to receive, if it is also provided by 4 or more of the survey agencies, exclusive to the District An individual is "eligible to receive" an incentive or premium if that individual can receive the item upon satisfaction of specified conditions (if any), without limits as to the number of individuals who can receive the incentive. For example, if a specialized training incentive is available to each individual who achieves the specific technical qualifications, the individual is "eligible to receive" that incentive even if he or she has not yet attained the technical certification that is required to actually receive it. Conversely, if a department offers a premium that requires training but only grants that premium to a limited number of individuals or only to individuals in a certain limited number of assignments, the number of individuals above the limit are not eligible to receive the premium. In those instances, the stipends may be reviewed and discussed on an individual basis. D. Survey Procedures and Users: Any survey element that is expressed as a percent of salary will be converted to a dollar amount using the top step base pay for the classification and agency involved. Multi -tiered survey elements involving medical benefits or other health and welfare benefits will be surveyed based on the compensation provided to new employees for that element. If applicable, other multi -tiered incentives will be surveyed at the highest amount of incentive pay obtainable, so long as the thresholds in Item C.7 are met. For comparison purposes in determining a market average, the high and low (of those that receive any given benefit) will be dropped for each salary element, except base salary, where all survey agencies will be used. After dropping the high and low agency, the mean average for the applicable survey element will be calculated. The resulting average numbers for each survey element will be added together to determine a cumulative average total compensation. The results may be used for comparison purposes in negotiations involving future compensation adjustments. There is no obligation to implement and salary element or to make any compensation adjustment based on the survey results and the parties acknowledge that other factors, including revenue, staffing, PERS contributions and other post -employment benefit ("OPEB") WO Fire Union MOU 2019-2013 Page 289 costs play a significant factor in the ability of the District to implement any survey element. Example: 1. Look at a particular benefit at the maximum level achievable (in this example highlighted in yellow for each city): Chino Valley Fire District 7% City of West Covina Benefit X — 3% or 5% City of Riverside Benefit X — 5%; 10% or 15% City of Pasadena Benefit X — 3% or 6% City of Ontario N/A City of Corona Benefit X — 2% 2. Drop high (Riverside 15%) and low (Corona 2%) from among the four agencies that offer the benefit. 3. Average remaining three cities [(CVFD 7% +W.0 5% + Pasadena 6%) =6%]. 4. Thus, Benefit X for market comparison purposes is assumed to be 6%. § 2. Salary Plan A. Salary Adjustment All bargaining unit members shall receive an equity adjustment according to the following schedule: 1.66% equity adjustment, effective the first full pay period in August 2019; 4% equity adjustment, effective the first full pay period in July 2020; 3% equity adjustment, effective the first full pay period in July 2021; 2% equity adjustment, effective the first full pay period in July 2022; 2% equity adjustment, effective the start of the last pay period in June 2023. B. Salary Ranges Effective the first full pay period in August 2019, current Steps A & B salaries in the salary schedule, for all ranks, will be removed. The salary steps will be reorganized, where step C will become the new step A, step D will become the new step B, etc.; step F and G will drop off from the salary schedules. No changes to the employees pay rates will result from these changes. All stipends will remain at step E, reflecting the new step E salary scale. The base salary ranges for all classes in the bargaining units shall consist of ranges five (5) steps, labeled A through E, with approximately five percent (5%) between each 6 Fire Union MOU 2019-2013 Page 290 step. Advancement between steps requires a satisfactory or higher annual performance evaluation. No employee shall receive more than one step increase in a 12 -month period unless granted for outstanding achievement pursuant to Section 2(G) below. Placement within the range shall be in accordance with the following: 1. Salary on appointment New employees shall be compensated at Step "A" of the salary range to which their class is allocated. If unusual recruitment difficulties are encountered or a candidate is exceptionally well qualified, appointment at a higher step in the salary range may be authorized by the Fire Chief. 2. Merit Salary Adjustments Advancement within a salary range shall not be automatic, but shall be based upon job performance and granted only on the recommendation of the employee's supervisor and approval of the Fire Chief. Employees shall be considered for merit salary increases in accordance with the following: a. Employees who are placed at Step A upon original employment, reinstatement, or promotion are eligible for a merit salary review after six (6) months of service. Subsequent merit salary review dates shall fall upon the completion of twelve (12) month service intervals. b. Employees who are placed at Step B or above upon original employment, reinstatement, or promotion shall be eligible for a merit salary review after six months of service. Subsequent review dates shall fall upon the completion of twelve (12) month service intervals. c. The granting of an official leave of absence of more than thirty (30) continuous calendar days, other than military leave, shall cause the employee's merit salary review date to be extended the number of calendar days he or she was on leave. d. If, in the supervisor's judgement, the employee's performance does not justify a salary increase on the review date, the employee shall be reevaluated before the expiration of six (6) months dating from the employee's review date. If the period of postponement exceeds three (3) months and the employee receives a salary increase, the employee shall be assigned a new review date based on the date the increase was granted. e. Authorized salary step increases shall become effective at the beginning of the pay period nearest the employee's review date. f. Should an employee's review date be overlooked, and upon discovery of the error, the employee is recommended for a salary increase, the employee shall receive a supplemental payment compensating him or her for the additional he 7 Fire Union MOU 2019-2013 Page 291 or she would have received had the increase been granted at the appropriate time. g. The normal merit salary increase shall be one (1) step granted in accordance with the preceding. However, to reward outstanding achievement and performance, the Fire Chief may grant one (1) additional step increase not to exceed one (1) step in any given six (6) month period. h. In order to address a situation where in application of this section would result in the inequitable treatment of employee and upon the recommendation of the Fire Chief and approval of the Board, an employee may be placed at any step in the salary range for his or her class. 3. Salary on Promotion An employee, who is promoted to a position in a class with a higher salary range than the class in which he or she formerly occupied a position, shall receive the nearest higher monthly salary in the higher salary range that would constitute a minimum five percent (5%) salary increase over his or her base salary rate, provided that no employee may receive a rate in excess of Step E of the promotional class. If the promotion occurs within sixty (60) days of a scheduled merit salary review date, the employee shall receive the merit increase (if otherwise entitled to it) and the promotional increase concurrently. The employee shall be given a new merit salary review date for purposes of future salary step advancement. The new date shall be based upon the effective date of promotion. 4. Salary on Demotion An employee who is demoted to a position in a class with a lower salary range shall receive a new merit salary review date based upon the effective date of the demotion and receive a salary in accordance with the following: a. Disciplinary demotion — any designated salary step in the lower salary range which will result in the employee's receiving at least a five (5) percent reduction in pay. b. Non -disciplinary demotion — that salary step he or she would have received in the lower class if his or her services had been continuous in said lower class. 5. Salary on Transfer An employee who is transferred from one position to another in the same class or to another position in a similar class having the same salary range shall receive the same step in the salary range previously received ad the merit salary review date shall not change. 8 Fire Union MOU 2019-2013 Page 292 6. Salary on Position Reclassification When an employee's position is reclassified and the employee is appointed to the position, salary shall be determined as follows: a. If the position is reclassified to a class with a higher salary range than the former class, salary and merit salary review date shall be set in the same manner as if he or she had been promoted. b. If the salary of the employee is the same or less than the maximum of the salary range of the new class and the salary range of the new class is the same as the previous class, the salary and merit salary review date will not change. c. If the salary of the employee is greater than the maximum of the range of the new class, the salary of the employee shall be designated as a "Y -rate" and shall not change during continuous regular service until the maximum of the salary range to which the class is assigned exceeds the salary of the employee. 7. Salary on Re -Employment An employee recalled after a layoff shall receive the same salary step in the range of the class which he or she was receiving upon layoff. 8. Salary on Rehire Upon rehire, an employee shall be placed at such salary step as may be recommended by the Supervisor and approved by the Fire Chief. The employee's merit salary review date shall be based on the date of rehire. 9. Acting Pay Acting pay shall be one (1) step, approximately five percent (5%), above the affected employee's base salary rate. To receive acting pay the employee must: a. Be formally assigned only doing the duties appropriate to the higher class. b. Subject to D below, at least fifteen (15) consecutive work days, five (5) shifts for employees working twenty-four (24) hour shifts. Acting pay will be paid beginning with the sixteenth (16th) consecutive day worked in an acting capacity, sixth (6th) shift for employees working twenty-four (24) hour shifts. c. Subject to D below, if an employee is deployed on an assignment in a higher class acting position, and that deployment/assignment extends past 120 hours, the acting employee will receive (1) step, approximately 5%, above his/her base salary rate for the entire deployment/assignment. d. In any instance where it is reasonably anticipated at the commencement of the acting assignment that the assignment is likely to extend beyond fifteen (15) consecutive work days or five (5) shifts, the described five percent (5%) acting E Fire Union MOU 2019-2013 Page 293 pay shall commence being earned from the first day/shift of the acting assignment. 10. Salary on Change in Range Assignment When a class is reassigned to either a higher or lower salary range by the Board, the salary of each incumbent in such a class on the date the reassignment is effective shall be adjusted to the step her or she was receiving in the former range. 11. Premium Pay Haz-Mat The number of personnel maintained on the Haz-Mat team is determined by the District. Personnel on the team must maintain their state certification, membership in the West End Hazardous Assistance Team, attend reasonable training sessions deemed necessary by the District, and agree to remain members of the Districts' Haz- Mat Team for a period of 2 years, unless removed earlier by the District. Training to maintain status on the team shall be at District expense. Members who meet the above requirements shall be compensated for their involvement by being paid a dollar amount equal to five percent (5%) of Step E of the Fire Engineer class. 12. Bilingual Compensation Bargaining Unit members who qualify for bilingual pay shall be compensated at the rate of Seventy-five dollars ($75.00) per month. Employees must pass an examination demonstrating their proficiency in the Spanish, Chinese or Japanese languages. 13. Paramedic Compensation Regardless of the classification of unit members who are eligible for paramedic compensation, said compensation shall be the equivalent of 13.92% per month of Step E of the base salary of the Engineer Classification. Paramedic pay differential may be authorized for any of the company ranks of firefighter, fire engineer or fire captain. Effective for employees hired after January 1, 2015, the paramedic pay differential may not be continued upon promotion according to District need and the discretion of the Fire Chief. 14. Field Training Officer The District agrees to provide a stipend that is equivalent to 9.3% percent of Step E of the Fire Captain class, to the Field Training Officer position, or employee who is charged with these duties. 15. Technical Rescue The number of personnel maintained on the Technical Rescue team is determined by the District. Personnel on the team must maintain all required certifications and attend reasonable training sessions deemed necessary by the District, and agree to remain members of the District's Technical Rescue Team for a period of 2 years, unless 10 Fire Union MOU 2019-2013 Page 294 removed earlier by the District. Training to maintain status on the team shall be at the District's expense. Members who meet the above requirements shall be compensated for their involvement by being paid a dollar amount equal to 5% per month of Step E of the Fire Engineer class. 16. Terrorism Liaison Officer Pay The District has determined there is a need to provide premium pay for the position of Terrorism Liaison Officer for Homeland Security reasons. This premium is being provided for the Safety Officer Training/Coordinator work for which they are responsible. The Terrorism Liaison Officers will routinely and consistently instruct personnel in safety procedures and department standard operating guidelines based on current threats and anticipated modes of attack. The number of personnel receiving Terrorism Liaison Officer's pay shall be determined by the District, but for the term of this MOU shall be a maximum of three (3) firefighters. Personnel on the team must maintain all required certifications and attend reasonable training sessions deemed necessary by the District, and agree to remain Terrorism Liaison Officers for a period of 2 years, unless removed earlier by the District. Training to maintain status on the team shall be at the District's expense. Members who meet the above requirements shall be compensated for their involvement by being paid a dollar amount equal to 2.5% per month of Step E of the Fire Engineer class. 17. Education Incentive The District shall provide to employees an educational incentive equal to the following: Bachelor of Arts/Bachelor of Science or Fire Officer Certification =$317/month Master of Arts/Master of Science or Chief Officer Certification =$475/month Eligibility for the above-mentioned education incentive requires proof of graduation and receipt of degree from a college or university that is accredited by a national recognized accrediting agency approved by the United States Secretary of Education and found on the United States Department of Education website. Compliance with the Fire Officer/Chief Officer certification requires proof of satisfactory completion (C or better or "pass" in a pass/fail class) of all required classes for the Certification Track currently authorized and approved by the California State Fire Marshall for Fire Officer or Chief Officer. Degrees earned online shall be accompanied by a declaration under penalty of perjury that the subject employee personally performed all requirements for issuance of the degree. The Fire Chief's determination regarding eligibility for an education incentive shall be final. The above-mentioned education incentives shall be non -cumulative, meaning that an employee who meets the highest recognized education incentive, which would be the Master of Arts/Master of Science or Chief Officer Certification, shall receive only one incentive pay regardless of whether they have also met the lower recognized education incentive also. Neither shall an employee receive education incentive pay or both a degree and a certification. Fire Union MOU 2019-2013 Page 295 18. Stipend/Premium Pay Limitation No employees shall be eligible to collect more stipend/premium pay incentives of the following list: • Hazardous Materials • Paramedic • Technical Rescue • Terrorism Liaison Officer § 3. Work Periods and Overtime than two (2) simultaneous A. Work Periods 1. Employees assigned to 24-hour shifts shall work a Kelly Schedule that consists of a 24 -day rotation pursuant to section 207 (k) of the Fair Labor Standards Act (FLSA) as follows: SUN MON TUES WED THURS FRI SAT On Off On Off On Off On Off Off Off Off On Off On Off On Off On Off Off Off Off Off Off 2. The pay period for shift personnel is 14 days. Overtime is paid for time worked in excess of one hundred six (106) hours in the pay period. 3. The work period for forty (40) hour personnel is seven (7) days with overtime being time worked in excess of forty (40) hours in the period. 4. Pursuant to Section 7(k) of the Fair Labor Standards Act (FLSA), newly hired, trainee firefighters who are students at the RCFD Fire Academy shall work a 48-hour per week schedule, inclusive of a paid meal period and breaks. B. Work Shifts 1. All twenty-four (24) hour work shifts begin at 0800 and end at 0800 the following day, twenty-four (24) hours thereafter. 2. Personnel assigned to a forty (40) hour schedule shall work Monday through Thursday from 0700 to 1800 inclusive of paid breaks and unpaid sixty (60) minute meal period. Employees who experience hardship due to child care issues, may request alteration of their schedule by taking a '/2 hour lunch and arriving at work '/2 hour late or leaving work '/2 hour early. Additionally, employees who carpool at 60% of the pay period and 60% of the distance into their assigned workplace are eligible to leave 1/2 hour early from work or arrive '/2 hour late. 12 Fire Union MOU 2019-2013 Page 296 C. Flex Time 1. The work schedules of employees assigned to other than fire suppression are subject to change depending on needs of the service or desires of the concerned employee(s) (see item 3). 2. The District shall not change work schedules when the sole purpose of the change is to avoid payment of time and one-half for overtime. This however, is not to be interpreted as preventing a schedule change upon the mutual agreement of the District and affected employee. 3. Employees may request schedule changes to address personal interests. Whenever possible such requests will be accommodated, provided however, that needs of the service as determined by the District will take precedence over employee preferences. 4. The District will not affect schedule changes but for good and sufficient cause. D. Overtime Pay 1. The rate of pay for overtime hours worked shall be at the rate of time and one- half (1.5) the regular rate of pay, for those employees eligible for overtime. 2. For purposes of computing overtime pay under the Fair Labor Standards Act, military leave shall not be considered hours worked. Holiday, vacation, sick, and injury leaves as well as time spent in a criminal or civil proceeding pursuant to a subpoena issued in connection with the employee's employment with the District shall be considered as hours worked for purposes of computing overtime. 3. For the purposes of this section, work time shall not include traveling to and from the normal work site. 4. Employees required (held over) to work more than fifteen (15) minutes overtime shall be compensated for a minimum of one (1) hour. Any overtime worked in excess of one (1) hour will be paid in half hour increments. Provisions shall be made for an equitable distribution of overtime, consistent with efficient operations of the District. 5. Employees may be subject to recall to be placed on overtime to fill vacancies created by District wide training programs of a class wide nature. Employees must receive at least two (2) weeks' notice of recall. 13 Fire Union MOU 2019-2013 Page 297 E. Call Back A unit employee called back to work during off-duty hours shall be paid at time and one-half (1.5) the employees' regular rate of pay with a minimum of two (2) hours for each such call back. Work shall be paid in half hour increments (work over fifteen (15) minutes constitutes one half hour). This section not to be interpreted as requiring said minimum in the event of an extend work day or when the employee begins his or her regular work shift before the normal starting time. § 4. Uniform Allowance A. The District shall provide four (4) sets of work uniforms for each employee who is required to wear a uniform prior to his or her start date. The value of these initial uniforms provided shall be reported to CalPERS as compensation in accordance with applicable CalPERS requirements. Suppression members must buy their own class A uniforms at the completion of probation. B. The District shall pay each employee a uniform allowance of $1,302 annually in July. § 5. Employee Group Insurance District agrees to provide group insurance plans in accordance with the following, and in accordance with Resolution FD 08-013, which is incorporated into this MOU by reference: A. Health Insurance 1. District will provide medical insurance through the State of California Public Employee's Medical and Hospital Care Program (PEMHCA). 2. District shall provide fully paid employee and family health insurance for all existing full-time and retired employees as of November 17, 1994. Such health benefits are vested for all full time continuous and retired employees as of November 17, 1994. 3. District shall provide paid employee and family health insurance for all full- time employees hired after November 17, 1994, at the monthly amount equal to the average eligible "Public Employees Medical and Hospital Care Program" (PEMHCA) medical rates available to active Local 2274 members covering San Bernardino County. The monthly contribution amount averages will be calculated annually during the open enrollment period with changes going into effect when the new rates go into effect. 4. All new full-time employees hired after November 17, 1994, shall be responsible for paying their premiums for medical insurance through the State of California Public Employees Medical and Hospital Care Program, upon retirement. 14 Fire Union MOU 2019-2013 Page 298 5. Cash Compensation in lieu of medical benefits in the amounts of $200.00 for single employees or $300.00 for employee's dependents, may be provided to those employees that can provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the District's plan year to which the opt out applies ("tax family"), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies ("opt out period"); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment, within 60 days of the date of hire, or within 30 days after the start of the plan year. The opt out payment cannot be made and the District will not in fact make payment if the employer knows that the employee or tax family member doesn't have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied. Selection of compensation shall be at the employee's discretion. The employee may renter the Districts health plan at any time. 6. Affordable Care Act (ACA) Reopener. The District may reopen negotiations on the issue of health insurance benefits to address changes to or the elimination of the ACA and in order to avoid penalties or taxes under the ACA or other statutory scheme that may result from an interpretation of the ACA or other statutory scheme by the Internal Revenue Service or other federal agency (including, but not limited to, a revenue ruling, regulation or other guidance) or state agency, or a ruling by a court of competent jurisdiction. These negotiations will not result in a reduction in the amount the District provides for employee health coverage. B. Dental Insurance District shall continue to provide fully paid employee and family dental insurance plan for all full-time employees. C. Vision Insurance The District shall continue to provide vision care coverage for all full-time employees. D. Life Insurance All full-time employees shall be provided a term life insurance policy of $50,000, paid by District. 15 Fire Union MOU 2019-2013 Page 299 § 6. Retirement Plan A. Benefits District is enrolled in the State of California Public Employee's Retirement System. Except as described herein, all benefits provided District employees under the District's Plan are paid by the District. Present benefits for public safety employees include the following: 1. Tier 1 - Employees hired prior to July 1, 2011: § 21362.2 3% at 50 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Year Final Compensation a. District pays and reports 9% normal PERS member contributions by resolution. b. Employees hired prior to July 1, 2011, pay a total of seven (7%) percent of the CalPERS employer contribution per resolution 17-001. c. Effective the first full pay period in February 2021, employees shall move 2% of their existing 7% normal CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 2% of the normal CalPERS member contribution plus 5% towards the Districts' CalPERS employer contribution. This will reduce EPMC from 9% to 7% and the District will adopt a resolution to that effect. d. Effective the first full pay period in February 2022, employees shall move an additional 3% of their existing 5% CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 5% of the normal CalPERS member contribution plus 2% towards the Districts' CalPERS employer contribution. This will reduce EPMC from 7% to 4% and the District will adopt a resolution to that effect. e. Effective the first full pay period in February 2023, employees shall move the remaining 2% of their CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 7% of the normal CalPERS member contribution and 0% towards the Districts' CalPERS employer contribution. This will reduce EPMC from 4% to 2% and the District will adopt a resolution to that effect. f. Effective the start of the last pay period in June 2023, employees shall contribute an additional 2% of the normal CalPERS member contribution, for a total of 9%. This will reduce EPMC from 2% to 0% and the District will adopt a resolution to that effect. 16 Fire Union MOU 2019-2013 Page 300 2. Tier 2 - Employees hired on or after 7/1/11 and through 12/31/12, and Classic PERS members, as defined by PERS, who are hired on or after January 1, 2013: § 21363.3 3% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20037 3 Year Final Compensation a. District pays and reports 8% normal PERS member contributions; employee pays 1 % of the member contribution by resolution. The District has adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). b. Employees hired on July 1, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, pay 6% of the CalPERS employer contribution and 1 % of the normal CalPERS member contribution per resolution 17-001. c. Effective the first full pay period in February 2021, employees shall move 1% of their existing 6% CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 2% of the normal CalPERS member contribution plus 5% towards the Districts' CalPERS employer contribution. This will reduce EPMC from 8% to 7% and the District will adopt a resolution to that effect. d. Effective the first full pay period in February 2022, employees shall move an additional 3% of their existing 5% CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 5% of the normal CalPERS member contribution plus 2% towards the Districts' CalPERS employer contribution. This will reduce EPMC from 7% to 4% and the District will adopt a resolution to that effect. e. Effective the first full pay period in February 2023, employees shall move the remaining 2% of their CalPERS employer contribution towards the CalPERS member contribution. The new employee contribution will be 7% of the normal CalPERS member contribution plus 0% towards the Districts' CalPERS employer contribution. This will reduce EPMC from 4% to 2% and the District will adopt a resolution to that effect. f. Effective the start of the last pay period in June 2023, employees shall contribute an additional 2% of the normal CalPERS member contribution, for a total of 9%. This will reduce EPMC from 2% to 0% and the District will adopt a resolution to that effect. 17 Fire Union MOU 2019-2013 Page 301 3. Employees who are New PERS Members, as defined bV PERS, who are hired on or after January 1, 2013: Employees are classified as New Members of PERS when they meet the definition of a "new member" for purposes of retirement pension benefits pursuant to the Public Employees' Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013 or former PERS members who have more than a six-month break in service. CalPERS ultimately determines who is a new member in compliance with the law. Employees who are classified as New Members shall be eligible for the 2.7% at 57 Formula, 3 year final compensation average. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. As of the effective date of this MOU, the required employee contribution for new members is 11.5% of reportable compensation. This amount will be adjusted periodically by CalPERS, and the District employee contribution adjusted accordingly per state statute. The District has adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). It is understood that all contributions paid by the employee as described in Parts 1 through 2 above shall be calculated based upon the pay rate (i.e. full base salary of the employee), plus any additional special compensation, including any Employer Paid Member Contributions (EPMC), and as described above in Part 3 above, on the pensionable compensation as defined in the California Public Employee's Pension Reform Act of 2013 ("PEPRA"). The District pays EPMC for the various "Tiers" as outlined above and reports the value of EPMC payments as special compensation. The parties agree that to the extent permitted by law, this is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(1)(F) as Value of Employer -Paid Member Contributions. The parties also agree that the District has no additional obligation or costs should CalPERS, the State or IRS determine otherwise. The District adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation. All employee payments of the employer share are done pursuant to Government Code Section 20516(f). B. Military Service Buy -Back District provides for employees to buy back military service credit at the employee's own expense pursuant to PERS regulations. C. Employer Paid Member Contribution (EPMC) 18 Fire Union MOU 2019-2013 Page 302 1. This benefit shall apply to all Safety employees, until it is phased out pursuant to this section. This benefit shall consist of paying 9% of the normal member contributions as EPMC, and reporting the same percent (value) of compensation earnable as additional compensation for employees hired prior to July 1, 2011; This benefit shall consist of paying 8% of the normal member contributions as EPMC, and reporting the same percent (value) of compensation earnable as additional compensation for employees hired on July 1, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013. Payment of EPMC and reporting the value of EPMC as compensation earnable is based on the employee's pay rate and special compensation excluding the monetary value of EPMC on the EPMC paid as described in 2 CCR Section 571. 2. Effective the first full pay period in February 2021, this benefit shall consist of paying 7% of the normal member contributions as EPMC, and reporting the same percent (value) of compensation earnable as additional compensation for employees hired prior to July 1, 2011. This benefit will consist of paying 7% of the normal contributions as EPMC, and reporting the same percent (value) of compensation earnable as additional compensation for employees hired on July 1, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013. 3. Effective the first full pay period in February 2022, this benefit shall consist of paying 4% of the normal member contributions as EPMC, and reporting the same percent (value) of compensation earnable as additional compensation for employees hired prior to July 1, 2011. This benefit will consist of paying 4% of the normal contributions as EPMC, and reporting the same percent (value) of compensation earnable as additional compensation for employees hired on July 1, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013. 4. Effective the first full pay period in February 2023, this benefit shall consist of paying 2% of the normal contributions as EPMC, and reporting the same percent (value) of compensation earnable as additional compensation for employees hired prior to July 1, 2011. This benefit will consist of paying 2% of the normal contributions as EPMC, and reporting the same percent (value) of compensation earnable as additional compensation for employees hired on July 1, 2011 and through December 31, 19 Fire Union MOU 2019-2013 Page 303 2012, as well as Classic PERS members who are hired on or after January 1, 2013. 5. Effective the start of the last pay period in June 2023, this benefit shall end. § 7. Work Related Injuries All unit employees are entitled to full salary and benefits when they sustain an on-the- job work-related injury for up to one (1) year. (See: California Labor Code §4850 for provisons). Although §4850 covers only safety personnel, District is extending this same benefit to non -safety employees. Temporary disability payments received during any injury period shall be returned to District. § 8. Carpooling Those employees participating in a carpool during going to and from their residence and work site shall not be in receipt of a reduced workday. Rather, those employees participating in a "carpool" shall be accorded the following benefit: Eligible carpool employees shall be regular, full-time employees who voluntarily participate in and file a "rideshare application agreement". Eligibility for ride -share related benefits is conditioned upon: 1. Each affected regular and full-time employee shall ride share with another person(s) in a car or vanpool. 2. In the alternative, each affected regular and full-time employee shall drive to and from work other than in an automobile. For example, such transportation may include a bicycle, public transportation, walking. 3. Eligibility for rideshare benefits shall be conditioned upon 1) the regular and full- time employee participating 60% of the total work days during a given month, 2) ride sharing for at least 60% of the commute distance, and 3) ride sharing between the hours of 6 and 10 a.m. of the employee's scheduled work shift. Individuals meeting the above qualifications shall earn $2 for every day that the employee rideshares, paid at the end of each quarter. Further, the City is desirous of devising some type of "drawing" to provide a singular person on a monthly basis with an item of value in recognition of ridesharing. § 9. IRS 125 Plan District shall implement authorized pre-tax payroll deduction of out-of-pocket medical contribution premiums. Said pre-tax payroll deduction shall not only be used for the purpose of paying the difference between the amount of District funded premiums for District -provided health insurance plans, and the amount of out-of-pocket premium payments borne by the employee regarding District -provided plans. 20 Fire Union MOU 2019-2013 Page 304 § 10. Voluntary Employee Benefit Association The City has established a Voluntary Employee Benefit Association (VEBA) through the California Government Voluntary Employee Benefit Association to assist employees with planning for future health care expenses. Represented employees are allowed a one-time election to opt into the plan. Represented employees shall be eligible to participate in the plan according to a schedule to be established as an addendum to this MOU. Contributions to the Plan shall be made as District contributions through a salary reduction arrangement and are made on a pre-tax basis in accordance with IRS provisions. The District will contribute 2% of base salary per pay -period. Example: a biweekly base pay of $2,000 equals a biweekly contribution of $40. At the discretion of the Union, employee contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document. §11. Deferred Compensation 1. 457 Plan Effective the first full pay period in August 2019, bargaining unit members may continue to contribute to the 457 plan however; the Fire District will no longer match contributions. 2. 401(a) Plan Effective the first full pay period in August 2019, the Fire District will establish and contribute 2% of base salary per pay -period. ARTICLE III LEAVES § 1. Holidays A. Employees shall accrue holiday time as follows: Type of Per Maximum Personnel Holiday Annually Accrual Shift Personnel (56- 12 hours 168 hours 216 hours hour work schedule) 40 -hour Personnel 10 hours 140 hours 180 hours B. Holidays are those days which District designates as observed holidays. Holiday leave is a right, earned as a condition of employment, to a leave of absence with pay. The holidays designated by District for the term of this contract are as follows: 40 Hour Personnel 21 Fire Union MOU 2019-2013 Page 305 July 4 Independence Day September Labor Day (1st Monday) November 11 Veterans Day November Thanksgiving (4th Thursday) November The day following Thanksgiving December 24 The day preceding Christmas December 25 Christmas January 1 New Years Day January Martin Luther King's Birthday (3rd Monday) February President's Day (3rd Monday) May Memorial Day (last Monday) Three (3) discretionary (floating) days may be taken by an employee at his or her convenience, subject to approval by the supervisor. The thirty (30) hours for the three (3) floating holidays shall be credited to the employee at the start of pay period No. 1 of each fiscal year. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. 56 Hour Personnel July 4 Independence Day September Labor Day (1st Monday) September Admissions Day October 12 Columbus Day November 11 Veterans Day November Thanksgiving (4th Thursday) November The day following Thanksgiving December 24 The day preceding Christmas December 25 Christmas January 1 New Years Day January Martin Luther King's Birthday (3rd Monday) February President's Day (3rd Monday) May Memorial Day (last Monday) C. No District employee will be allowed to exceed the maximum accrual at any time. As excess holiday time is earned, it must either be taken as time off or be paid to the employee by District. D. Holiday time shall be accrued annually beginning with the first pay period of the fiscal year within the pay period which it occurs. 22 Fire Union MOU 2019-2013 Page 306 1. District will buyback all or part of accrued holiday time at the then current hourly rate, if a request is made (in writing) by November 301h specifying holiday balance and exercising the option to sell back. 2. Holidays may be used as scheduled time off with the approval of the Supervisor. E. District employees will be advised, in writing, within the pay period prior to the time that maximum holiday accrual is reached or that they are approaching their maximum accrual. F. Any employee who is on vacation or sick leave when a holiday occurs will not have that holiday charged against his or her vacation or sick leave. G. Forty (40) hour personnel who obtain prior approval from their immediate supervisor to work a holiday will be allowed to bank that holiday at straight time. If a 40 -hour employee who is eligible to receive overtime compensation is recalled to work on a holiday, that holiday will be banked at time and a half (1.5) for the number of hours actually worked that day. § 2. Vacation Leave A. Vacation Leave is a right to a leave of absence with pay. It is earned as a condition of employment. All full-time employees shall, with continuous service, accrue working days of vacation monthly according to the following schedule: 40 -hour Personnel Years of Completed Service Annual Accrual Maximum Accrual Pay Period Accrual Rates 1-3 years 85.72 hours 192.0 3.297 4-7 years 128.57 hours 272.0 4.945 8-10 years 171.43 hours 353.0 6.593 11-14 years 188.58 hours 353.0 7.253 15-19 years 205.72 hours 353.0 7.912 20-24 years 222.86 hours 353.0 8.572 25+ years 240.00 hours 353.0 9.231 Years of Completed Service 1-3 years Fire Union MOU 2019-2013 Shift Personnel Annual Accrual 120 hours/5 shifts 23 Maximum Pay Period Accrual Accrual Rates 288.0 4.615 Page 307 4-7 years 180 hours/7.5 shifts 408.0 6.923 8-10 years 240 hours/10 shifts 528.0 9.231 11-14 years 264 hours/11 shifts 528.0 10.154 15-19 years 288 hours/12 shifts 528.0 11.077 20-24 years 312 hours/ 13 shifts 528.0 12.002 25+ years 336 hours/14 shifts 528.0 12.923 B. An employee who, as of July 1 of any given year, has completed 10,15, 20 or 25 years of service shall receive a onetime credit of 24 hours of vacation in addition to the employee's annual accrual of vacation, if a shift employee, or 10 hours, if a 40 -hour employee. The employee shall, beginning the 11tH 16th 21St and 26th year, resume accruing vacation at the appropriate pay period accrual rate. C. The District will notify employees, in writing, within the pay period prior to the time that maximum vacation accrual will be reached that the accrual is approaching that maximum. The employee will then be required to (1) schedule time off or, (2) receive pay in lieu of time off so as to not exceed the maximum accrual. D. Any full-time employee who is out about to terminate employment and has earned vacation time to his or her credit, shall be aid for such vacation time on the effective date of such termination. When separation is caused by death of an employee, payment shall be made to the estate of such employee. § 3. Sick Leave Sick leave is the authorized absence from duty of an employee because of physical or mental illness, injury, pregnancy, confirmed exposure to a serious contagious disease, or for a medical, optical, or dental appointment. A. Accrual All unit employees shall accrue sick leave as follows: Personnel Monthly Annual Accrual Max. Accrual 40 -hour Personnel 10 hours 120 hours No limit Shift Personnel 12 hours 144 hours No limit (1/2 shift) (6 shifts) B. Use 1. Sick Leave with pay may be used for: a. Any bona fide illness or injury. b. Quarantine due to exposure to contagious disease. 24 Fire Union MOU 2019-2013 Page 308 c. Any treatment or examination included to, but not limited to, medical, dental, eye, or psychiatric examinations. d. Not more than twelve (12) days for 40 -hour employees or six (6) shifts for shift personnel of sick leave each calendar year in case an employee's presence is required elsewhere because of sickness, disability, or child birth of a member of his/her immediate family, as defined in District Personnel Rules. 2. Types of Sick Leave Use a. Personal Sick Leave Employees can use sick leave for personal illness, injury, a health-related reason (such as the diagnosis, care or treatment of a health condition), or preventive care. b. Family Sick Leave Employees can use sick leave for the illness or injury of a health-related reason (such as the diagnosis, care or treatment of a health condition), or preventive care of qualified family member. For the purpose of Family Sick Leave, a qualified member means the employee's: child (includes any age or dependency status, or for whom the employee is a legal ward or stands in loco parentis), parent (includes person who stood in loco parentis of the employee as a child), parent -in- law, spouse, registered domestic partner, grandparent, grandparent -in-law, great-grandparent, great -grandparent -in- law, grandchild, great-grandchild, or sibling. c. Other Statutory Use Sick leave can be used to cover an absence for an employee who is victim of domestic violence, sexual assault, or stalking to: 1. Obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health, safety, or welfare of the employee or their child(ren). 2. Obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety. 3. No employee shall be entitled to sick leave with pay while absent form duty for the following causes: a. Disability arising from sickness or injury purposely self-inflicted or caused by his or her own willful misconduct. b. Sickness or disability sustained while on leave of absence. 25 Fire Union MOU 2019-2013 Page 309 4. Sick leave shall not be used in lieu of or in addition to vacation. C. The Fire Chief reserves the right to require evidence in the form of a physician's certificate whenever an employee is absent and requests sick leave for the period of absence, excepting personal leave (see Section 5). D. Any employee absent from work due to illness or accident, may at the discretion of the Fire Chief, be required to submit to a physical examination before returning to active duty. Such physical examination shall be performed by a physician specified by District and shall be at District expense. E. Termination of an employee's continuous service, except by reason of retirement or lay-off for lack of work or funds shall abrogate all sick leave and no payment will be made by the District for sick leave accrued to the time of such termination regardless of whether or not such employee subsequently reenters District service. F. Any employee incurring a serious injury or illness while on paid vacation leave may have those days of illness changed to sick leave with pay and vacation days restored accordingly, provided the employee has sufficient sick leave accrued and the period of illness is certified by a written doctor's statement. G. Employees with ten (10) or more years of service shall be eligible to convert unused sick leave to vacation in accordance with the following: 1. Shift Employees who, in the preceding calendar year, accrued 180 to 144 (90 to 120 for 40 hour week employees) unused hours of sick leave earned in that preceding calendar year, may exercise the option of having one-half (1/2) of that unused sick leave accrued in the preceding year converted to vacation leave and the remainder carried over as accrued sick leave. 2. Those members of this unit who have accrued 72 to 108 (60 to 90 for 40 -hour week employees) unused hours of sick leave earned in the preceding calendar year may exercise the option of having one-fourth (1/4) of the unused sick leave accrued in the preceding calendar year converted to vacation leave and the remainder carried over as accrued sick leave. 3. Any employee who qualifies to convert sick leave to vacation leave must submit a written request to the District on or before January 15th of the year in which the conversion is to be made. H. Upon the retirement of an employee, the employee may elect from one or more of the following options: 26 Fire Union MOU 2019-2013 Page 310 • Sell back up to fifty per cent (50%) of his/her accumulated unused sick leave at the employee's regular hourly rate of pay at retirement. • Designate accumulated unused sick leave for CalPERS service credit per Government Code Section 20965. • Apply the cash value of up to one hundred per cent (100%) of accumulated unused sick leave to the employee's VEBA account (if. enrolled), at the employee's regular hourly rate of pay, as permitted by the VEBA plan. § 4. Conversion Factor The factor used to convert the accruals for forty (40) hour per week personnel to fifty- six (56) hour per week personnel will be: Vacation, sick leave, and holiday: Work Week Basis Vacation 40 Hour 56 Hour Conversion Factor 1-3 years 85.72 120 1.5 4-7 years 128.57 180 1.5 8-10 years 171.43 240 1.5 11-19 years 188.58 264 1.57 20-24 years 196.58 288 1.57 25+ years 204.58 312 1.57 Holiday 140 168 1.5 Sick 120 144 1.5 (40 to 56) EXAMPLE (8-10 year employee) Employee Benefits Vacation = 100 hours Holiday = 72 hours Sick = 300 hours 472 total hours X 1.5 (factor) = 708 hours total Note: if an employee goes from a 56 to 40 hours basis, the conversion will be the reciprocal of 1.5 or .667 § 5. Personal Leave A. The employee shall be granted one (1) day paid personal leave to attend the funeral of a close relative not in the employee's immediate family. 27 Fire Union MOU 2019-2013 Page 311 B. An employee required to appear before a court for other than subpoenas due to actions as a District employee or jury duty will receive the necessary time as paid personal leave, providing: 1. He or she notifies his or her supervisor or Duty Chief in advance, with adequate time remaining so that a relief may be obtained. 2. The employee must return to duty within a reasonable time after the appearance. C. Personal Leave will be charged against any time the employee has accrued, such as sick leave, vacation, and compensatory time, at the employee's option. D. Employees can use up to twenty (20) hours of accrued sick leave as personal leave. These twenty (20) hours can be used incrementally (i.e., 1 hour, '/2 hour) throughout the fiscal year. Use this time for emergency situations requiring the employee's attention and needs to be cleared with their supervisor when using this time. § 6. Bereavement Leave A. 40 -hour Personnel In the event of a death in the employee's immediate family, the employee shall be granted three (30 days paid bereavement leave. A maximum of five (5) days paid bereavement leave shall be granted if there is a death in the immediate family outside the state boundaries. B. Shift Personnel In the event of a death in the employee's immediate family, the employee shall be granted two (2) shifts paid bereavement leave. A maximum of three (3) shifts paid bereavement leave shall be granted if there is a death in the immediate family outside the state boundaries and the employee attends the services. C. Immediate Family is Defined as: Spouse, children, stepchildren, stepfather, stepmother, parents, brother, sister, grandfather, grandmother, grandchild, and the employee's mother -in law, father-in- law, grandparents -in-law. § 7. Compensatory Time A. In lieu of overtime pay, a unit employee, at the employee's option, may be compensated with compensatory time off (CTO). CTO will accrue at the rate of one and one-half hours for each overtime hour worked. An employee may accumulate a maximum of 144 hours of CTO. Once an employee accumulates 144 hours of CTO, any additional overtime hours will be paid to the employee at the employee's regular rate of pay as of the end of the fiscal year in June and then balance in the Fire Union MOU 2019-2013 Page 312 CTO accounts will be reduced to zero hours, unless the CTO balance has been used up by the last pay period in July. CTO balance must be cashed out on last pay period in June of a given fiscal year. Employees can also cash out up to 144 of CTO at the "Holiday Vacation/Compensation Time" buy back period in November. B. Compensatory time may be earned for required attendance at special meetings of the Board of Directors and District Committees, except when such meetings are held in lieu of a regularly scheduled meeting or when such meetings are called and/or scheduled as part of the annual budget preparation process and annual audit. C. Compensatory time may also be earned for special and/or unusual work situation not provided for in the preceding paragraphs. § 8. Military A. Every employee who is a member of a state or federal reserve military unit shall be entitled to be absent from service with District while engaged in the performance of ordered military duty and while going to or returning from such duty in accordance with the laws of the State of California or federal government. B. Employees are entitled to thirty (30) days paid military leave in any one fiscal year, provided they have been employed by the District for one (1) year prior to this leave. An employee that serves in the California National Guard shall be entitled to 30 days paid military leave for each instance of emergency activation. Any employee with less than one (1) year of service must use accrued annual leave or compensatory time if he or she wishes to receive normal pay. C. Employees who are called or volunteer for service with the armed forces of the United States shall be entitled to reinstatement to their former positions. Upon application for reinstatement, the individual must display a certificate showing service was under honorable conditions. D. Any employee returning from service with the armed forces shall be entitled to such length of service seniority as would have been credited to them had they remained for that period of time with the District. E. An employee who was in a probationary period at the time of military leave shall, upon return, complete the remaining portion of the probationary period according to the then present rules. F. An employee promoted to fill a vacancy created by a person serving in the armed forces shall hold such position subject to the return of the veteran. The employee affected by the return shall be restored to his or her former position or one of a 29 Fire Union MOU 2019-2013 Page 313 similar nature while the returning employee resumes the position he or she previously held. § 9. Jury Duty Any member of District who is called or required to serve as a trial juror may be absent from duty with District during the period of such service or while necessarily being present in court as a result of such call. Such member on jury duty will continue to receive normal pay, provided he or she: A. Notifies his or her supervisor, in advance, with adequate time remaining so that a relief may be obtained. B. Returned to duty within a reasonable time after being released with a signed certificate of service from the court stipulating the hours of service and release time. This certificate may be obtained by asking the court secretary or bailiff. The employee then forwards it to his or her supervisor or Deputy Chief. C. Pay received for service while absent from District must be turned over to District; however, pay received while off duty may be kept by the employee. D. All personnel called for jury duty must abide by all of the above rules and must return to work if dismissed before the end of their regular work shift. § 10. Civil Subpoena/Criminal Subpoena A. Civil Subpoena When members of the District have been served a civil subpoena to appear in court as a witness due to actions as a District employee, the following procedure shall be followed: 1. Personnel will be paid at their regular hourly rate while they are in court. Per Fire District Rules and Regulations such appearances shall be considered "hours worked' for purposes of computing overtime eligibility in accord with applicable rules and Memorandum of Understanding. 2. District transportation will be provided when available. If the employee uses his or her own transportation, he or she will be reimbursed by District at the prevailing mileage rate. 3. If the employee is required to appear in a court that is outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal and/or lodging, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the department head. B. Criminal Subpoena 1. Pursuant to California Penal Code 1326 et. seq., if an employee is served with a criminal subpoena, the employee will be paid at the regular hourly rate while in 30 Fire Union MOU 2019-2013 Page 314 court. Per Fire District Rules and Regulations such appearances shall be considered "hours worked" for purposes of computing overtime eligibility in accord with applicable rules and Memorandum of Understanding. 2. District transportation will be provided when available. If the employee uses their own transportation, they will be reimbursed by District at the prevailing mileage rate. 3. If the employee is required to appear in court outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the department head. 4. A criminal subpoena need not have a court stamp affixed. § 11. Leaves of Absence without Pay A. Upon the written request of the employee, a leave of absence may be granted for a period not to exceed thirty (30) days by the Fire Chief, or a period not to exceed one (1) year by the Board of Directors. B. Failure of the employee to return to his or her employment upon the termination of an authorized leave of absence shall constitute a separation from service of that employee. C. Leave of absence without pay granted by the Board shall not be construed as a break in service or employment. During these periods, vacation, holiday, or sick leave credits shall not accrue. An employee reinstated after a leave of absence without pay shall receive the same step in the salary range received when he or she began the leave of absence. Time spent on such leave without pay shall not count toward service for increases within the salary range. For purposes of this section, the employee's merit increase eligibility date shall be adjusted to the date of reinstatement. D. An employee on an approved leave of absence without pay may continue medical insurance coverage by paying the full cost to District, in advance, for each month, or portion thereof, of which he or she is absent. § 12. Association Business The Association president, or others designated by him or her (up to a maximum of seven representatives), shall be permitted reasonable time off without loss of pay for the conduct of Associate business, including, but not limited to, negotiations, processing grievances, representing employees in disciplinary matters, and meeting with District personnel. Representatives of the Association shall be compensated for all hours spent in actual negotiations with the District and meetings with district personnel, whether regularly scheduled to work that day or not. 31 Fire Union MOU 2019-2013 Page 315 § 13. Union Leave Bank In addition to any other paid time off provided to the Association's Board of Directors under any other provisions of this MOU, existing rules, regulations or practices, there is hereby created a Union Leave bank for the sole and exclusive use of the Union. Each active member of the Union shall have 0.9230 hours of vacation leave irrevocably deducted from his or her vacation or holiday leave accrual each biweekly pay period. Twice each year, in January and July, the Union Executive Board shall have the authority to amend the deduction described above. If such an amendment is approved, the union President shall notify the Finance Director in writing of the new deduction amount. The new deductions shall be accomplished as soon as practical. The District will deduct the hours from vacation time first, then from accrued holiday time. A member can notify the Finance Director by the first Monday in August of each year if they want the time deducted from accrued holiday leave time first, then accrued vacation leave time. Said hours shall be deposited into the Union Leave Bank. Each pay period the Finance Director, or his or her designee, shall furnish the Union President, or his or her designee, with an accounting of the Union Leave Bank in the form of a Leave Hours Balance Report. The report will include that pay period's beginning balance, new deposits, hours used, and the remaining balance of hours. A Union member desiring to use available Union Leave must obtain a memo authorizing the use of such leave from the President of the Union, or his or her designee. The authorization must specify the amount of time that is to be used, and the business of activity that is to be used for. The memo authorizing the use of Union Leave time must be attached to the time card in which the Union Leave time is requested. In no event will Union Leave be used for any activity, whatsoever, related to a City of Rancho Cucamonga City council election and/or City of Rancho Cucamonga ballot measure. Once approval is obtained, and if time is available in the Union Leave Bank, the Union member shall designate the time used on the time card for the pay period as "Union Leave" and attach the memo approving the use of the time to the time card. The Union member shall be paid at his or her regular rate of pay for each such time. Union Leave may only be used in increments of one hour. If the Union member will be absent from work on Union Leave, the member must follow the rules and procedures set forth in the Situational Staffing Policy (1-012). In the event the Union is dissolved, or the Union Leave Bank is discontinued by agreement of the parties, any remaining balance shall be distributed as vacation time evenly to all active employees of the Union at the time of such distribution. The distribution of hours will occur without regard to an individual employee's regular rate of pay. At any time should the District's budget analysis indicate a need to reduce administrative overtime programs, the use of the Union Leave Bank can be temporarily suspended by the Fire Chief, or his or her designee. The Fire Chief will analyze the use of administrative time at the end of each quarter, using the following gauges: i) 1St 32 Fire Union MOU 2019-2013 Page 316 Quarter no more than 24%; ii) 2nd Quarter no more than 47%; iii) 3rd Quarter no more than 74%; and iv) 4t" Quarter within the adopted budget. If at the end of any quarter the respective gauge is exceeded, the District will notify the Union President in writing of the need to temporarily suspend the use of the Union Leave bank, except for previously approved uses. Such notification will become effective at the beginning of the next pay period following the date of the notification. The District will analyze the overtime expenditures every 60 days from the date of the written notification and will determine when the temporary suspension can be removed. The temporary suspension will automatically be removed at the beginning of the first pay period that falls into a new fiscal year. The District shall jointly administer the Union Leave Bank with Union, as specified herein, without charge to the Union or its membership. The District will be provided, on an initial basis for all current employees, and following that on an ongoing basis for new employees, written confirmation that the Union member(s) have agreed to subject themselves to the Union Leave Bank requirements. § 14. Natal and Adoption Pay A. Natal and Adoption Leave with Pay Employees are granted up to 2 days natal and adoption leave with pay for the birth or adoption of a child, however, use of two paid days does not extend any time charged under FMLA or CFRA. Any paid time required beyond this initial 2 days must be charged to sick leave, vacation, compensatory or floating holiday time. B. Natal and Adoption Leave without Pay The District shall provide employees up to four months natal and adoption leave for the birth or adoption of a child; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act ("PDA"; California Government Code section 12945), if applicable. The District's PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond the four-month period will be responsible for the payment of medical, dental and optical premiums to keep the coverage in force during the leave of absence. § 15. Family and Medical Leave Unit employees may be eligible to take a leave of absence of up to twelve weeks for certain reasons under the provisions of the federal Family and Medical Leave Act (FMLA). The District has developed a separate policy to comply with this law. The FMLA policy is incorporated herein by reference. ARTICLE IV GRIEVANCE PROCEDURE § 1. Purpose This article is intended to provide a fair and orderly procedure for the resolution of employee grievances involving wages, hours and terms and conditions of 33 Fire Union MOU 2019-2013 Page 317 employment. A grievance is a claimed violation, misinterpretation, misapplication, or noncompliance with existing District codes, resolutions, rules, regulations, or this document. This grievance procedure shall not apply to disciplinary matters or to reviews of performance evaluation reports or to discharge of probationary employees. Disciplinary matters include all warnings, written reprimands, suspensions, reductions in pay, demotions, dismissal or any other action which consists of a taking of property as said term is defined by the courts in the disciplinary context § 2. Objectives The grievance procedure is established to accomplish the following objectives: A. To settle disagreements at the employee -supervisor level, informally if possible. B. To provide an orderly procedure to handle grievances. C. To resolve grievances as quickly as possible. D. To correct, if possible, the cause of grievances to prevent future similar complaints. E. To provide for a two-way system of communication by making it possible for levels of supervision to address problems, complaints, and questions raised by employees. F. To reduce the number of grievances by allowing them to be expressed and thereby adjusted and eliminated. G. To promote harmonious relations generally among employees, their supervisor and the administrative staff. H. To assure fair and equitable treatment for all employees. § 3. General Provisions A. Preparation of a grievance will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. B. Regarding a pending grievance, no individual or entity acting on behalf of the grievant shall contact any individual member of the Board of Directors, nor the Board of Directors as an entity, verbally, in writing, and/or through any other means of verbal, written or electronic communication. C. Failure of the grievant to comply with time limitations specified in the grievance procedure shall constitute a withdrawal of the grievance, except upon a showing of good cause for such failure. Failure of District supervisory or administrative staff to comply with specified time limitations shall permit the grievant to proceed to the next step in the procedure. EXCEPTION: Notwithstanding the above, an extension 34 Fire Union MOU 2019-2013 Page 318 of time is permitted with the mutual consent of both parties. Mutually agreed upon extensions of time shall be evidence in writing. D. In the event a grievant elects to represent himself or herself or is represented by counsel other than that provided by the employee organization, the employee organization shall be apprised of the nature and resolution of the grievance if the issues involved are within the scope of said organization's representation rights. E. If an individual named in a dispute is unavailable within the time period specified in these procedures, time limitations can be extended by mutual agreement of the representatives of the respective parties. F. Any period of time specified in this rule for the giving of notice or taking of any action exclude weekends and holidays. A "day" as used in this Article shall mean a calendar day. If the last date for action falls on a day that administrative offices are closed, the last date for action shall be extended to the next day during which administrative offices are opened. § 4. Informal Grievance Procedure Most problems or complaints can be settled if the employee will promptly, informally and amicably discuss them with his or her immediate supervisor. Such an initial discussion shall precede any use of the formal grievance procedure. If the immediate supervisor fails to reply to the employee within three (3) days, or the employee is not satisfied with the decision, the employee may utilize the Formal Grievance Procedure. § 5. Formal Grievance Procedure A. Step I The employee and/or representative shall present the grievance, in writing and signed, to his or her immediate supervisor within thirty (30) days of the date that cause for grievance arises. An official grievance form must be used stating names, dates, times, place, and nature of grievance. The employee's supervisor shall attempt to resolve the grievance with the employee and shall submit his or her decision in writing to the employee within ten (10) days after receipt of the grievance. The employee shall have the right to appeal the decision of the supervisor to the Fire Chief. B. Step II 1. If the grievance is not resolved to the satisfaction of the employee, the grievant has ten (10) days following receipt of the written response from his or her supervisor to file a written appeal to the Fire Chief or designated representative. 2. Written appeal to the Fire Chief or designated representative shall consist of the statement of the grievance and shall include a statement by the grievant's representative setting forth the reasons why the response of the employee's supervisor did not satisfactorily resolve the grievance and an indication of the action desired by the grievant. 35 Fire Union MOU 2019-2013 Page 319 3. After submission of the written appeal, the Fire Chief or designee shall reply within three (3) days, in writing, to the grievant regarding the grievance. In event of rejection, reasons for so doing will be included in the response. 4. The decision by the Fire Chief or designee shall address whether or not the grievance of the employee is grievable pursuant to the definition set forth in § 1 above and /or is timely filed or otherwise administratively prosecuted in a timely manner. In the event that the Fire Chief or designee determines that the employee's grievance is not defines as such by § 1 above and/or is not filed in a timely manner, the Fire Chief or designee shall advise the employee that the matter is not grievable and the grievance shall proceed no further unless or until on application by the employee, a judgement is entered at the trial court level, indicative of the matter being jurisdictionally grievable pursuant to the definitions set forth in § 1 above and/or pursuant to requirements of timeliness. C. Step III If the grievance is not settled in Step II, binding arbitration may be invoked in accordance with the following: 1. The request for arbitration must be submitted with either ten (10) days of receipt of the decision of the Fire Chief, or of expiration of time for the Fire Chief to render a decision. 2. A "Fact Sheet" must be submitted to the arbitrator by both parties, stating the nature of the grievance and desired action. 3. The term "arbitrator", as used herein, shall refer to a single arbitrator. 4. A list of five (5) arbitrators shall be requested from the California State Conciliation Service. The hearing arbitrator shall be chosen by an initial flip of a coin, with the winning side, Board or grievant, having the choice of either selecting the arbitrator or eliminating one (1) candidate. The turn shall then revert to the other side, who then can exercise the same option. This procedure continues until either an arbitrator is agreed upon or there is only one (1) candidate remaining. 5. The arbitrator so selected shall hold a hearing at a time and place convenient to the parties involved. Statements of position may be made by the parties, and witness may be called. 6. The location and time of the hearing shall be mutually agreed upon by both parties. If an agreement cannot be achieved, each party will submit their location and time to be drawn by chance. 36 Fire Union MOU 2019-2013 Page 320 7. All expenses which may be involved in the arbitration proceedings shall be borne by the parties equally; however, expenses relating to the calling of witnesses or the obtaining depositions or any other similar expenses associated with such proceedings shall be borne by the party at whose request such witnesses, or depositions are required. 8. Legal counsel may be obtained by either party if they so wish. Expenses for legal counsel shall be borne by the party obtaining such counsel. 9. Failure on the part of the District's representative or grievant/grievant's representative to appear in any case before an arbitrator, without good and sufficient cause, shall result in forfeiture of the case and responsibility for payment of all costs of arbitration borne by the party failing to appear. 10. The decision of the arbitrator shall be final and binding upon District and appellant. ARTICLE V DISCIPLINE District and Union have met and conferred and adopted a disciplinary procedure which is hereby incorporated by reference as though set forth in full. ARTICLE VI SAFETY § 1. Compliance District and employees in Association shall conform to and comply with all health, safety, and sanitation requirements imposed by District, state or federal law or regulations adopted under state or federal law. § 2. No Discrimination No employee shall be in any way discriminated against as a result of reporting any condition believed to be a violation of 1 of this Article V. § 3. Safety Equipment Should the employment duties of an employee in the unit, in the estimation of OSHA, require use of any equipment or gear to ensure the safety of the employee or others, District agrees to furnish such equipment or gear. § 4. Employee Responsibility In the course of performing their normally assigned work, employees will be alert to observe unsafe practices, equipment, and conditions; as well as environmental conditions in their immediate area which represent health hazards and will report such conditions to their immediate supervisor. All employees shall make certain that all power machinery is equipped with safety devices properly installed and in working condition and that co-workers use utmost care in the handling of tools and equipment. 37 Fire Union MOU 2019-2013 Page 321 Employees shall report all accidents immediately to their immediate supervisors. Reports shall be submitted on forms provided by District. § 5. Minimum Staffing The District shall maintain a minimum staffing level. Staffing of companies and units with 28 personnel shall consist of the following: A. Seven -three (3) person paramedic engine companies and two- three (3) person paramedic rescue or truck companies, consisting of 1 captain, 1 Engineer and 1 Firefighter with any one rank being a certified paramedic. B. One (1) Captain Specialist C. Any reduction in these levels must be agreed upon through the meet and confer process. § 6. Smoking Policy Employees in Union have agreed to accept and abide by the District "Smoking Policy," as written and approved by the Chief. § 7. Weather Related Mandatory Recall The definition of the High Wind Warning, Red Flag Warning and Flash Flood Warning shall be made by the Fire Chief or his/her designee as follows: A. High Wind Warning_ winds are sustained at 40 mph or more, and/or gusts are present at 58 mph or more and are expected in less than one day (24 hours). B. Red Flag Warning: winds are sustained at 25 mph or more and relative humidity is less than 15%, with conditions persisting more than six (6) hours and expected in less than one day (24 hours). This can also be released without the wind component for weather that is less than 10% relative humidity for longer than 10 hours. C. Flash Flood Warning Rain is sustained at 1/2" an hour, for longer than 1 hour, or 1/4" per hour, for longer than 4 hours. When a warning is determined, the duty Battalion Chief shall have the authority to staff additional apparatus in conjunction with consultation from the Deputy of Fire Chief. Apparatus shall be utilized as best determined by the duty Battalion Chief or his or her designee. Staffing procedures shall be as follows: Fire Union MOU 2019-2013 Page 322 1. If time permits, the on -duty Battalion Chief may contact the fire stations to solicit volunteers for the staffing of units as needed. 2. If no volunteers are available or additional personnel are needed, the on -duty Battalion Chief shall utilize the force hire list in Telestaff to recall personnel as staffing levels dictate. For additional staffing procedures, refer to Situational Staffing and Overtime Tracking Policy #1-012. 3. The on -duty Battalion Chief may hold off on going personnel until the individuals on the force hire list are contacted and arrive at their scheduled assignment. Once relieved, the individuals held over shall be released from their assignments. 4. All personnel who are assigned for these circumstances shall remain in their assigned position until the Battalion Chief or designee dictates that the potential threat has subsided, or are relieved by personnel for the next operational period. 5. The overtime rate and time frames shall be paid per Section 3 D in the MOU. ARTICLE VII MANAGEMENT RIGHTS § 1. Scope of Rights It is understood and agreed that District possesses the sole right and authority to operate and direct the employees of District in all aspects, except as modified in this Memorandum of Understanding. These rights include, but are not limited to: A. The right to determine its mission, policies, and standards of service to be provided to the public; B. To plan, direct, control, and determine the operations or services to be conducted by employees of the District; C. To determine the methods, means, and number of personnel needed to carry out District's mission; D. To direct the working forces; E. To hire, assign, or transfer employees within District; F. To promote, suspend, discipline, or discharge employees; G. To layoff or relieve employees due to lack of work or funds or for other legitimate reasons. (any provision within this MOU, City rules and regulations or any other 39 Fire Union MOU 2019-2013 Page 323 policy or procedure promulgated by the City or any Department of the City which prohibits the imposition of layoffs, is deemed null and void); H. To make, publish, and enforce rules and regulations; I. To introduce new or improved methods, equipment, or facilities; J. To contract out for goods and services; K. To take any and all actions as may be necessary to carry out the mission of District in situations of civil emergency as may be declared by the Board of Directors or Fire Chief; L. To schedule and assign work; M. To establish work and productivity standards. § 1. Emergency Conditions If in the sole discretion of the Board of Directors or Fire Chief it is determined that extreme civil emergency conditions exist, including, but not limited to, riots, civil disorders, earthquakes, floods, or other similar catastrophes, the provisions of this MOU may be suspended during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. ARTICLE VIII EMPLOYEE RIGHTS §1. Scope of Rights All employees shall have the following rights which may be exercised in accordance with State Law, applicable ordinances, rules and regulations: A. To The right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. B. The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal on the part of an appointing authority, supervisor, other employees, or employee organization as a result of their exercise of rights granted in this Article. The provisions of Section 3500 et seq. of the Government Code are hereby incorporated as such provisions may apply to employees within the Fire Union Local 2274. §2. New Employee Orientation The Fire District shall provide thirty (30) minutes at a mutually agreeable time during the employee onboarding process for Fire Union Local 2274 (Union)_representative to meet .O Fire Union MOU 2019-2013 Page 324 with a new Union covered employee and present the benefits of being a member of the Union. Onboarding of new employees occurs during the first working day at the start of a new pay period up to 26 times per year. The Fire District will provide a calendar before the start of a new year. A Union representative will have 30 minutes of uninterrupted time to meet with the new Union covered employee. Prior to the meeting, or in no case later than the meeting time, the Fire District will provide the designated Union representatives with all available information about the employees as required under AB 119 within 30 days of the employees start date and the District will provide the required information on all Union covered employees again as required under AB 119 at least three (3) times per year. ARTICLE VIII MAINTENANCE OF BENEFITS All wages, hours and terms and conditions of employment specifically provided for in this memorandum of understanding, shall remain in full force and effect during the term of the MOU, unless modified pursuant to written agreement of the parties. ARTICLE IX APPROVAL BY THE BOARD OF DIRECTORS This MOU is subject to approval by the Board of Directors of District. The parties hereto agree to perform whatever acts are necessary both jointly and separately to urge the Board to approve and enforce this MOU in its entirety. Following approval of this MOU by the Board, its terms and conditions shall be implemented by appropriate ordinance, resolution, or other lawful action. ARTICLE X PROVISIONS OF LAW It is understood and agreed that this MOU and employees are subject to all current and future applicable Federal and State laws and regulations and the current provisions of District law. If any part or provisions of this MOU is in conflict or inconsistent with such applicable provisions of those Federal, State, or District enactments or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. If any substantive part or provision of this MOU is suspended or superseded, the parties agree to re -open negotiations regarding the suspended or superseded part or provisions with the understanding that the total compensation to employees under this MOU shall not be reduced or increased as result of this Article. District and Association recognize that under this MOU and in personnel matters not covered in this contract, the current District Personnel Rules as amended and effective shall apply. The Personnel Rules applicable to the Association shall not be changed for the duration of this Agreement. K Fire Union MOU 2019-2013 Page 325 ARTICLE XI TERM The term of this MOU shall run from August 1, 2019 through and including 11:59 p.m. on June 30, 2023. In the event either party wishes to negotiate a successor MOU, the parties agree that negotiations shall commence on or about July 1, 2022. Union Dated Chad Comeau President 42 Fire Union MOU 2019-2013 District Dated John R. Gillison City Manager Robert Neiuber Human Resources Director Page 326 Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 2111 day of August 2019. Executed this 21St day of July 2019 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. FD 19-021 — Page 2 of 2 Page 327 DATE: August 21, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE BI -WEEKLY PAYROLL IN THE AMOUNT OF $2,367,773.50 AND WEEKLY CHECK REGISTERS (EXCLUDING CHECKS ISSUED TO SOUTHERN CALIFORNIA GAS COMPANY) IN THE AMOUNT OF $8,781,972.69 DATED JULY 17, 2019 THROUGH AUGUST 12, 2019. RECOMMENDATION: Staff recommends City Council approve payment of demands as presented. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 Check Register Page 328 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00009172 07/17/2019 MICHAEL BAKER INTERNATIONAL INC 3,625.00 0.00 3,625.00 AP 00009173 07/17/2019 RE ASTORIA 2 LLC 119,674.04 0.00 119,674.04 AP 00009174 07/17/2019 SAN BERNARDINO COUNTY 81.00 0.00 81.00 AP 00009175 07/17/2019 TANKO LIGHTING 5,000.00 0.00 5,000.00 AP 00009176 07/17/2019 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 22,278.98 0.00 22,278.98 AP 00009177 07/17/2019 RCCEA 1,694.50 0.00 1,694.50 AP 00009178 07/17/2019 RCPFA 11,712.07 0.00 11,712.07 AP 00009179 07/17/2019 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00 AP 00009180 07/18/2019 BIBLIOTHECA LLC 12,445.79 0.00 12,445.79 AP 00009193 07/18/2019 BRODART BOOKS 31,164.15 0.00 31,164.15 AP 00009194 07/18/2019 CITRUS MOTORS ONTARIO INC 0.00 72.08 72.08 AP 00009195 07/18/2019 DUNN EDWARDS CORPORATION 366.74 0.00 366.74 AP 00009196 07/18/2019 INLAND VALLEY DAILY BULLETIN 4,629.99 0.00 4,629.99 AP 00009197 07/18/2019 KME FIRE APPARATUS 0.00 1,734.74 1,734.74 AP 00009198 07/18/2019 LENOVO (UNITED STATES) INC. 3,557.05 4,047.09 7,604.14 *** AP 00009199 07/18/2019 MITY LITE INC. 7,203.22 0.00 7,203.22 AP 00009200 07/18/2019 OFFICE DEPOT 3,552.74 0.00 3,552.74 AP 00009201 07/18/2019 SIEMENS MOBILITY INC 12,750.66 0.00 12,750.66 AP 00009202 07/18/2019 SIMPLOT PARTNERS 518.28 0.00 518.28 AP 00009203 07/18/2019 SUNRISE FORD 2,218.79 0.00 2,218.79 AP 00009204 07/18/2019 TARGET SPECIALTY PRODUCTS 5,391.91 0.00 5,391.91 AP 00009205 07/18/2019 BIBLIOTHECA LLC 11,876.46 0.00 11,876.46 AP 00009206 07/18/2019 DIAMOND ENVIRONMENTAL SERVICES 73.20 0.00 73.20 AP 00009207 07/18/2019 GRANICUS INC 2,054.00 0.00 2,054.00 AP 00009208 07/18/2019 HOSE MAN INC 0.00 130.04 130.04 AP 00009209 07/24/2019 GEMINI PROJECTS 5,000.00 0.00 5,000.00 AP 00009210 07/24/2019 MOFFATT & NICHOL 164,883.50 0.00 164,883.50 AP 00009211 07/24/2019 TANKO LIGHTING 387.60 0.00 387.60 AP 00009212 07/25/2019 AHUMADA, ALEXANDER R 0.00 653.66 653.66 AP 00009213 07/25/2019 ALMAND, LLOYD 0.00 653.66 653.66 AP 00009214 07/25/2019 BANTAU, VICTORIA 0.00 511.48 511.48 AP 00009215 07/25/2019 BAZAL, SUSAN 0.00 677.47 677.47 AP 00009216 07/25/2019 BELL, MICHAEL L. 0.00 1,551.56 1,551.56 AP 00009217 07/25/2019 BERRY, DAVID 0.00 1,101.28 1,101.28 AP 00009218 07/25/2019 BROCK, ROBIN 0.00 1,102.61 1,102.61 AP 00009219 07/25/2019 CAMPBELL, GERALD 0.00 806.38 806.38 AP 00009220 07/25/2019 CAMPBELL, STEVEN 0.00 1,608.88 1,608.88 AP 00009221 07/25/2019 CARNES, KENNETH 0.00 511.48 511.48 AP 00009222 07/25/2019 CLABBY, RICHARD 0.00 1,101.28 1,101.28 AP 00009223 07/25/2019 CLOUGHESY, DONALD R 0.00 2,057.83 2,057.83 AP 00009224 07/25/2019 CORCORAN, ROBERT ANTHONY 0.00 707.78 707.78 AP 00009225 07/25/2019 COSTELLO, DENNIS M 0.00 2,057.83 2,057.83 AP 00009226 07/25/2019 COX, KARL 0.00 653.66 653.66 AP 00009227 07/25/2019 CRANE, RALPH 0.00 1,072.30 1,072.30 AP 00009228 07/25/2019 CROSSLAND, WILBUR 0.00 511.48 511.48 AP 00009229 07/25/2019 DAGUE, JAMES 0.00 1,072.30 1,072.30 AP 00009230 07/25/2019 DE ANTONIO, SUSAN 0.00 707.78 707.78 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 329 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00009231 07/25/2019 DEANS, JACKIE 0.00 258.83 258.83 AP 00009232 07/25/2019 DOMINICK, SAMUEL A. 0.00 1,102.61 1,102.61 AP 00009233 07/25/2019 EAGLESON, MICHAEL 0.00 1,551.56 1,551.56 AP 00009234 07/25/2019 EGGERS, BOB 0.00 2,057.83 2,057.83 AP 00009235 07/25/2019 FRITCHEY, JOHN D. 0.00 511.48 511.48 AP 00009236 07/25/2019 HEYDE, DONALD 0.00 653.66 653.66 AP 00009237 07/25/2019 INTERLICCHIA, ROSALYN 0.00 258.83 258.83 AP 00009238 07/25/2019 KILMER, STEPHEN 0.00 1,101.28 1,101.28 AP 00009239 07/25/2019 LANE, WILLIAM 0.00 1,102.61 1,102.61 AP 00009240 07/25/2019 LARKIN, DAVID W 0.00 1,472.46 1,472.46 AP 00009241 07/25/2019 LEE, ALLAN J. 0.00 1,306.22 1,306.22 AP 00009242 07/25/2019 LENZE, PAUL E 0.00 1,203.50 1,203.50 AP 00009243 07/25/2019 LONCAR, PHILIP 0.00 1,101.28 1,101.28 AP 00009244 07/25/2019 LONGO, JOE 0.00 187.74 187.74 AP 00009245 07/25/2019 LUTTRULL, DARRELL 0.00 511.48 511.48 AP 00009246 07/25/2019 MACKALL, BEVERLY 0.00 187.74 187.74 AP 00009247 07/25/2019 MAYFIELD, RON 0.00 653.66 653.66 AP 00009248 07/25/2019 MCKEE, JOHN 0.00 653.66 653.66 AP 00009249 07/25/2019 MCNEIL, KENNETH 0.00 653.66 653.66 AP 00009250 07/25/2019 MICHAEL, L. DENNIS 0.00 1,102.61 1,102.61 AP 00009251 07/25/2019 MORGAN, BYRON 0.00 1,731.23 1,731.23 AP 00009252 07/25/2019 MYSKOW, DENNIS 0.00 1,101.28 1,101.28 AP 00009253 07/25/2019 NAUMAN, MICHAEL 0.00 511.48 511.48 AP 00009254 07/25/2019 NEE, RON 0.00 677.47 677.47 AP 00009255 07/25/2019 NELSON, MARY JANE 0.00 187.74 187.74 AP 00009256 07/25/2019 O'BRIEN, TOM 0.00 1,124.82 1,124.82 AP 00009257 07/25/2019 PLOUNG, MICHAEL J 0.00 584.82 584.82 AP 00009258 07/25/2019 POST, MICHAEL R 0.00 1,503.07 1,503.07 AP 00009259 07/25/2019 PROULX, PATRICK 0.00 1,551.56 1,551.56 AP 00009260 07/25/2019 REDMOND, MIKE 0.00 1,102.61 1,102.61 AP 00009261 07/25/2019 ROEDER, JEFF 0.00 1,551.56 1,551.56 AP 00009262 07/25/2019 SALISBURY, THOMAS 0.00 653.66 653.66 AP 00009263 07/25/2019 SMITH, RONALD 0.00 511.48 511.48 AP 00009264 07/25/2019 SORENSEN, SCOTT D 0.00 1,979.02 1,979.02 AP 00009265 07/25/2019 SPAGNOLO, SAM 0.00 511.48 511.48 AP 00009266 07/25/2019 SPAIN, WILLIAM 0.00 806.38 806.38 AP 00009267 07/25/2019 SULLIVAN, JAMES 0.00 511.48 511.48 AP 00009268 07/25/2019 TAYLOR, STEVE 0.00 1,605.35 1,605.35 AP 00009269 07/25/2019 TULEY, TERRY 0.00 1,551.56 1,551.56 AP 00009270 07/25/2019 VANDERKALLEN, FRANCIS 0.00 653.66 653.66 AP 00009271 07/25/2019 VARNEY, ANTHONY 0.00 1,102.61 1,102.61 AP 00009272 07/25/2019 WALTON, KEVIN 0.00 1,472.46 1,472.46 AP 00009273 07/25/2019 YOWELL, TIMOTHY A 0.00 1,072.30 1,072.30 AP 00009274 07/25/2019 AIRGAS USA LLC 882.24 182.47 1,064.71 *** AP 00009275 07/25/2019 VISTA PAINT 30.74 0.00 30.74 AP 00009281 07/25/2019 BRODART BOOKS 11,796.30 0.00 11,796.30 AP 00009282 07/25/2019 DUMBELL MAN FITNESS EQUIPMENT, THE 0.00 150.00 150.00 User: VLOPEZ - VERONICA LOPEZ Page: 2 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 330 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00009283 07/25/2019 EMCOR SERVICES 10,850.00 0.00 10,850.00 AP 00009284 07/25/2019 INLAND VALLEY DAILY BULLETIN 5,948.12 0.00 5,948.12 AP 00009285 07/25/2019 MITY LITE INC. 12,192.43 0.00 12,192.43 AP 00009286 07/25/2019 OFFICE DEPOT 5,093.98 1,510.58 6,604.56 *** AP 00009287 07/25/2019 PSA PRINT GROUP 99.14 116.37 215.51 *** AP 00009288 07/25/2019 SITEONE LANDSCAPE SUPPLY LLC 3,718.02 0.00 3,718.02 AP 00009289 07/31/2019 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 13,705.00 0.00 13,705.00 AP 00009290 07/31/2019 RCCEA 1,714.00 0.00 1,714.00 AP 00009291 07/31/2019 RCPFA 11,736.29 0.00 11,736.29 AP 00009292 08/01/2019 CARQUEST AUTO PARTS 1,989.39 0.00 1,989.39 AP 00009293 08/01/2019 HOSE MAN INC 15.93 0.00 15.93 AP 00009294 08/01/2019 KME FIRE APPARATUS 0.00 40.41 40.41 AP 00009295 08/01/2019 MCFADDEN DALE HARDWARE 141.37 0.00 141.37 AP 00009296 08/01/2019 OFFICE DEPOT 1,630.57 147.72 1,778.29 *** AP 00009297 08/01/2019 PSA PRINT GROUP 545.22 0.00 545.22 AP 00009298 08/01/2019 SUNRISE FORD 99.57 0.00 99.57 AP 00009299 08/05/2019 ABC LOCKSMITHS 174.00 1,992.12 2,166.12 *** AP 00009300 08/05/2019 AIRGAS USA LLC 359.97 330.85 690.82 *** AP 00009313 08/05/2019 BRODART BOOKS 36,130.28 0.00 36,130.28 AP 00009314 08/05/2019 EMCOR SERVICES 8,530.00 0.00 8,530.00 AP 00009315 08/05/2019 OFFICE DEPOT 3,068.37 0.00 3,068.37 AP 00009316 08/05/2019 PSA PRINT GROUP 77.58 0.00 77.58 AP 00009317 08/05/2019 SIEMENS MOBILITY INC 27,091.68 0.00 27,091.68 AP 00009318 08/05/2019 SITEONE LANDSCAPE SUPPLY LLC 529.94 0.00 529.94 AP 00009319 08/07/2019 EDF TRADING NORTH AMERICA LLC 69,300.00 0.00 69,300.00 AP 00009320 08/07/2019 EXELON GENERATION CO LLC 326,346.40 0.00 326,346.40 AP 00009321 08/07/2019 SAN BERNARDINO CTY SHERIFFS DEPT 3,211,240.78 0.00 3,211,240.78 AP 00009322 08/07/2019 SAN BERNARDINO COUNTY 8.00 0.00 8.00 AP 00009323 08/08/2019 ABC LOCKSMITHS 90.00 0.00 90.00 AP 00009324 08/08/2019 AIRGAS USA LLC 0.00 105.64 105.64 AP 00009325 08/08/2019 CRAFCOINC 410.53 0.00 410.53 AP 00009326 08/08/2019 EMCOR SERVICES 34,392.78 10,986.42 45,379.20 *** AP 00009327 08/08/2019 FIRE ETC. 0.00 487.69 487.69 AP 00009328 08/08/2019 GRANICUS INC 3,405.24 0.00 3,405.24 AP 00009329 08/08/2019 KME FIRE APPARATUS 0.00 3,070.37 3,070.37 AP 00009330 08/08/2019 OC TANNER RECOGNITION COMPANY 117.53 0.00 117.53 AP 00009331 08/08/2019 OFFICE DEPOT 1,718.55 0.00 1,718.55 AP 00009332 08/08/2019 PSA PRINT GROUP 176.71 0.00 176.71 AP 00009333 08/08/2019 OFFICE DEPOT 2,153.65 0.00 2,153.65 AP 00009334 08/08/2019 SIEMENS MOBILITY INC 82,565.99 0.00 82,565.99 AP 00402408 07/17/2019 ALBRECHT, JEFFREY 997.20 0.00 997.20 AP 00402409 07/17/2019 ALLERGY & ASTHMA CENTER 42.96 0.00 42.96 AP 00402410 07/17/2019 ALLIANCE BUS LINES INC 2,825.00 0.00 2,825.00 AP 00402411 07/17/2019 ALPHAGRAPHICS 201.36 0.00 201.36 AP 00402412 07/17/2019 AMTECH ELEVATOR SERVICES 1,514.70 0.00 1,514.70 AP 00402413 07/17/2019 AT&T MOBILITY 0.00 86.66 86.66 AP 00402414 07/17/2019 AUFBAU CORPORATION 8,990.00 0.00 8,990.00 User: VLOPEZ - VERONICA LOPEZ Page: 3 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 331 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402415 07/17/2019 AUFBAU CORPORATION 20,300.00 0.00 20,300.00 AP 00402416 07/17/2019 AUNTIE ROXIES LIFE OF THE PARTY 1,674.00 0.00 1,674.00 AP 00402417 07/17/2019 BAUER COMPRESSORS 0.00 4,264.55 4,264.55 AP 00402418 07/17/2019 BENAVIDES, RENE 450.00 0.00 450.00 AP 00402419 07/17/2019 BENEFIT FINANCIAL SERVICES GROUP 3,125.00 0.00 3,125.00 AP 00402420 07/17/2019 BERN MARIE'S PROMOTIONAL PRODUCTS 1,450.82 0.00 1,450.82 AP 00402421 07/17/2019 BEST GOLF CARTS INC. 2,229.10 0.00 2,229.10 AP 00402425 07/17/2019 C V W D 45,055.98 873.11 45,929.09 *** AP 00402426 07/17/2019 CAGLES APPLIANCE 0.00 71.07 71.07 AP 00402427 07/17/2019 CALIFORNIA DIVISION OF THE STATE ARCHITECT 1,159.70 0.00 1,159.70 AP 00402428 07/17/2019 CALIFORNIA, STATE OF 1,806.00 0.00 1,806.00 AP 00402429 07/17/2019 CALIX INC. 2,340.00 0.00 2,340.00 AP 00402430 07/17/2019 CAMERON -DANIEL PC 91.50 0.00 91.50 AP 00402431 07/17/2019 CDW GOVERNMENT INC 1,694.31 0.00 1,694.31 AP 00402432 07/17/2019 CHARTER COMMUNICATIONS 7,892.45 6,362.54 14,254.99 *** AP 00402433 07/17/2019 CIVIC SOLUTIONS INC 20,835.00 0.00 20,835.00 AP 00402434 07/17/2019 CONSOLIDATED ELECTRICAL DISTR INC 102.36 0.00 102.36 AP 00402435 07/17/2019 CORODATA MEDIA STORAGE INC 786.46 0.00 786.46 AP 00402436 07/17/2019 CUMMINS SALES AND SERVICE 72,005.56 0.00 72,005.56 AP 00402437 07/17/2019 D AND K CONCRETE COMPANY 4,339.64 0.00 4,339.64 AP 00402438 07/17/2019 DEALER ALTERNATIVE SOLUTIONS 549.94 0.00 549.94 AP 00402439 07/17/2019 DLIMAGING 917.98 0.00 917.98 AP 00402440 07/17/2019 DREAM21NSPIRE LLC 39.00 0.00 39.00 AP 00402441 07/17/2019 FORD OF UPLAND INC 7,677.22 0.00 7,677.22 AP 00402442 07/17/2019 FORTUNE FENCING 45.00 0.00 45.00 AP 00402443 07/17/2019 GAIL MATERIALS 3,325.81 0.00 3,325.81 AP 00402444 07/17/2019 GEOGRAPHICS 3,963.00 0.00 3,963.00 AP 00402445 07/17/2019 GEORGE HILLS COMPANY 1,112.20 0.00 1,112.20 AP 00402446 07/17/2019 GOLDEN STATE RISK MANAGEMENT AUTHORITY 98,114.00 1,381.00 99,495.00 *** AP 00402447 07/17/2019 GOVERNMENTJOBS.COM INC. 30,000.00 0.00 30,000.00 AP 00402448 07/17/2019 GRAPHICS FACTORY PRINTING INC. 262.91 0.00 262.91 AP 00402449 07/17/2019 HAWORTH, JUSTIN 27.58 0.00 27.58 AP 00402450 07/17/2019 HI WAY SAFETY INC 591.38 0.00 591.38 AP 00402451 07/17/2019 HOMECOMING V AT TERRA VISTA LLC 3.77 0.00 3.77 AP 00402452 07/17/2019 HONDA YAMAHA HUSQVARNA OF REDLANDS 5,201.22 0.00 5,201.22 AP 00402453 07/17/2019 HUIE, ALEX 11.88 0.00 11.88 AP 00402454 07/17/2019 INLAND BUILDING CONSTRUCTION CO INC 650.00 0.00 650.00 AP 00402455 07/17/2019 INLAND OVERHEAD DOOR COMPANY 0.00 1,700.00 1,700.00 AP 00402456 07/17/2019 INLAND VALLEY DANCE ACADEMY 402.00 0.00 402.00 AP 00402457 07/17/2019 JACKSON HIRSH INC 203.94 0.00 203.94 AP 00402458 07/17/2019 KENNEDY, CHRIS 30.00 0.00 30.00 AP 00402459 07/17/2019 KLAUS AND SONS 150.00 0.00 150.00 AP 00402460 07/17/2019 LANCE SOLL AND LUNGHARD 5,130.00 480.00 5,610.00 *** AP 00402461 07/17/2019 LEIGHTON CONSULTING INC 9,262.00 0.00 9,262.00 AP 00402462 07/17/2019 LIEBERT CASSIDY WHITMORE 9,206.20 518.00 9,724.20 *** AP 00402463 07/17/2019 LIPOCK'S ACCOUNTING SERVICES INC 1,562.50 0.00 1,562.50 AP 00402464 07/17/2019 LITTLE BEAR PRODUCTIONS 895.00 0.00 895.00 User: VLOPEZ - VERONICA LOPEZ Page: 4 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 332 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402465 07/17/2019 LITTLE, MARC 531.00 0.00 531.00 AP 00402466 07/17/2019 LIVE OAK DOG OBEDIENCE 672.00 0.00 672.00 AP 00402467 07/17/2019 MAM-A INC 8,068.14 0.00 8,068.14 AP 00402468 07/17/2019 MARIPOSA LANDSCAPES INC 10,241.81 0.00 10,241.81 AP 00402469 07/17/2019 MEDIA CONTROL SYSTEMS 2,100.00 0.00 2,100.00 AP 00402470 07/17/2019 MOUNTAIN VIEW SMALL ENG REPAIR 629.16 0.00 629.16 AP 00402471 07/17/2019 MUSICLAND 588.00 0.00 588.00 AP 00402472 07/17/2019 NEW COLOR SCREEN PRINTING & EMBROIDERY 1,049.49 0.00 1,049.49 AP 00402473 07/17/2019 OCCUPATIONAL HEALTH CTRS OF CA 190.00 13,575.00 13,765.00 *** AP 00402474 07/17/2019 OLMEDA, CHRISTINA N 128.67 0.00 128.67 AP 00402475 07/17/2019 ORKIN PEST CONTROL 80.00 0.00 80.00 AP 00402476 07/17/2019 OTSUKA, DENNIS 2,765.00 0.00 2,765.00 AP 00402477 07/17/2019 PACIFIC UTILITY INSTALLATION INC 16,508.84 0.00 16,508.84 AP 00402478 07/17/2019 POSTAL PERFECT 240.00 0.00 240.00 AP 00402479 07/17/2019 POTAIN, JOSE 35.57 0.00 35.57 AP 00402480 07/17/2019 PSA PRINT GROUP 387.90 0.00 387.90 AP 00402481 07/17/2019 R AND R AUTOMOTIVE 1,484.95 0.00 1,484.95 AP 00402482 07/17/2019 RANCHO CUCAMONGA QUAKES 3,680.00 0.00 3,680.00 AP 00402483 07/17/2019 REFRIGERATION SUPPLIES DISTRIBUTOR 370.48 0.00 370.48 AP 00402484 07/17/2019 RESCUE RESPONSE GEAR LLC 0.00 1,297.25 1,297.25 AP 00402485 07/17/2019 RICHARDS WATSON AND GERSHON 13,899.58 0.00 13,899.58 AP 00402486 07/17/2019 ROMO PLANNING GROUP INC 3,240.00 0.00 3,240.00 AP 00402487 07/17/2019 ROTO ROOTER 350.00 0.00 350.00 AP 00402488 07/17/2019 SAN BERNARDINO CTY SUPERINTENDENT OF SCHOOLS 1,801.00 0.00 1,801.00 AP 00402489 07/17/2019 SC FUELS 7,192.29 0.00 7,192.29 AP 00402490 07/17/2019 SHOETERIA 1,538.93 0.00 1,538.93 AP 00402491 07/17/2019 SIGN SHOP, THE 187.61 0.00 187.61 AP 00402492 07/17/2019 SMITH, THERESE 57.42 0.00 57.42 AP 00402494 07/17/2019 SOCAL OFFICE TECHNOLOGIES 14,123.42 0.00 14,123.42 AP 00402495 07/17/2019 SOUTH COAST AQMD 139.63 0.00 139.63 AP 00402501 07/17/2019 SOUTHERN CALIFORNIA EDISON 55,217.02 3,818.67 59,035.69 *** AP 00402502 07/17/2019 SOUTHERN CALIFORNIA EDISON 348.59 0.00 348.59 AP 00402503 07/17/2019 SOUTHERN CALIFORNIA LAUNDRY CO LLC 929.81 0.00 929.81 AP 00402504 07/17/2019 SPERANZA, ROBERT & KRIS 1,300.00 0.00 1,300.00 AP 00402505 07/17/2019 STATEWIDE TRAFFIC SAFETY & SIGNS INC 5,822.99 0.00 5,822.99 AP 00402506 07/17/2019 SUPERION LLC 1,080.00 0.00 1,080.00 AP 00402507 07/17/2019 TIREHUB LLC 2,214.26 0.00 2,214.26 AP 00402508 07/17/2019 ULINE 2,440.62 0.00 2,440.62 AP 00402509 07/17/2019 UNIVERSAL FLEET SUPPLY 0.00 5.79 5.79 AP 00402510 07/17/2019 UNIVERSITY ENTERPRISES CORP @ CSUSB, THE 3,750.00 0.00 3,750.00 AP 00402511 07/17/2019 UNIVERSITY ENTERPRISES CORP @ CSUSB, THE 3,750.00 0.00 3,750.00 AP 00402512 07/17/2019 UNIVERSITY ENTERPRISES CORP @ CSUSB, THE 3,750.00 0.00 3,750.00 AP 00402513 07/17/2019 UPS 89.47 0.00 89.47 AP 00402514 07/17/2019 URBAN ARENA 5,520.00 0.00 5,520.00 AP 00402515 07/17/2019 URBAN ARENA 13,880.00 0.00 13,880.00 AP 00402516 07/17/2019 VERIZON WIRELESS - LA 60.12 0.00 60.12 AP 00402517 07/17/2019 VERIZON WIRELESS - LA 3,950.24 0.00 3,950.24 User: VLOPEZ - VERONICA LOPEZ Page: 5 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 333 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402518 07/17/2019 VERIZON WIRELESS - LA 80.52 0.00 80.52 AP 00402519 07/17/2019 VERIZON WIRELESS - LA 130.30 0.00 130.30 AP 00402520 07/17/2019 WASTE MANAGEMENT OF INLAND EMPIRE 2,952.26 0.00 2,952.26 AP 00402521 07/17/2019 WAWANESA GENERAL INSURANCE CO 3,473.85 0.00 3,473.85 AP 00402522 07/17/2019 WAXIE SANITARY SUPPLY 2,865.90 585.61 3,451.51 *** AP 00402523 07/17/2019 WEST END MATERIAL SUPPLY 754.48 0.00 754.48 AP 00402524 07/17/2019 WEST END YMCA/ RANCHO CUCAMONGA 9,224.11 0.00 9,224.11 AP 00402525 07/17/2019 WEST END YMCA/ RANCHO CUCAMONGA 9,686.45 0.00 9,686.45 AP 00402526 07/17/2019 WESTLAND GROUP INC 6,575.00 0.00 6,575.00 AP 00402527 07/17/2019 WESTLAND GROUP INC 13,973.00 0.00 13,973.00 AP 00402528 07/17/2019 WHITTIER FERTILIZER 840.45 0.00 840.45 AP 00402529 07/17/2019 WILSON, ED 20.00 0.00 20.00 AP 00402530 07/17/2019 XEROX FINANCIAL SERVICES 298.38 0.00 298.38 AP 00402531 07/17/2019 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00402532 07/17/2019 ALCORN, RICHARD 10.00 0.00 10.00 AP 00402533 07/17/2019 ALPHAGRAPHICS 28.69 0.00 28.69 AP 00402534 07/17/2019 ALTA VISTA MOBILE HOME PARK 400.00 0.00 400.00 AP 00402535 07/17/2019 AMUNDSON, STEPHEN ALBERT 200.00 0.00 200.00 AP 00402536 07/17/2019 BASS, TAYLOR 75.00 0.00 75.00 AP 00402537 07/17/2019 CA LLC - DBA ALTA LAGUNA MHP 600.00 0.00 600.00 AP 00402538 07/17/2019 CALIFORNIA FIRE CHIEFS ASSOC 0.00 1,050.00 1,050.00 AP 00402539 07/17/2019 CALIFORNIA FIRE CHIEFS ASSOC 0.00 1,200.00 1,200.00 AP 00402540 07/17/2019 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00402541 07/17/2019 CALIFORNIA, STATE OF 314.11 0.00 314.11 AP 00402542 07/17/2019 CALIFORNIA, STATE OF 250.00 0.00 250.00 AP 00402543 07/17/2019 CALIFORNIA, STATE OF 7.22 0.00 7.22 AP 00402544 07/17/2019 CASA VOLANTE MOBILE HOME PARK 700.00 0.00 700.00 AP 00402545 07/17/2019 CHAPARRAL HEIGHTS MOBILE HOME PARK 500.00 0.00 500.00 AP 00402546 07/17/2019 CINTAS CORPORATION #150 0.00 688.66 688.66 AP 00402547 07/17/2019 COLD DUCK PRODUCTIONS INC 1,500.00 0.00 1,500.00 AP 00402548 07/17/2019 CREATIVE BRAIN LEARNING 378.00 0.00 378.00 AP 00402549 07/17/2019 DANIELS, NOAH 34.65 0.00 34.65 AP 00402550 07/17/2019 DIRECTV 184.51 0.00 184.51 AP 00402551 07/17/2019 DIRECTV 66.99 0.00 66.99 AP 00402552 07/17/2019 DIRECTV 74.54 0.00 74.54 AP 00402553 07/17/2019 ERICKSON, CATHERINE 1,500.00 0.00 1,500.00 AP 00402554 07/17/2019 FREEDMAN, JACK 300.00 0.00 300.00 AP 00402555 07/17/2019 FRONTIER COMM 1,835.81 576.05 2,411.86 *** AP 00402556 07/17/2019 G AND M BUSINESS INTERIORS 0.00 129.14 129.14 AP 00402557 07/17/2019 GARCIA, JUSTINE 1,126.71 0.00 1,126.71 AP 00402558 07/17/2019 GASIO, KEVIN 1,600.00 0.00 1,600.00 AP 00402559 07/17/2019 GREATER TALENT NETWORK LLC 6,000.00 0.00 6,000.00 AP 00402560 07/17/2019 GROVES ON FOOTHILL, THE 200.00 0.00 200.00 AP 00402561 07/17/2019 GUERRA, KELLY 132.82 0.00 132.82 AP 00402562 07/17/2019 HADDAD, JORDAN 75.00 0.00 75.00 AP 00402563 07/17/2019 HOMETOWN AMERICA RAMONA VILLA 600.00 0.00 600.00 AP 00402564 07/17/2019 HOYT LUMBER CO., SM 0.00 73.66 73.66 User: VLOPEZ - VERONICA LOPEZ Page: 6 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 334 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402565 07/17/2019 HUNTINGTON BEACH, CITY OF 240.00 0.00 240.00 AP 00402566 07/17/2019 IATSE NATIONAL BENEFITS FUNDS 312.00 0.00 312.00 AP 00402567 07/17/2019 ICMA 1,400.00 0.00 1,400.00 AP 00402568 07/17/2019 KLAUS AND SONS 7,050.00 0.00 7,050.00 AP 00402569 07/17/2019 LEAGUE OF CALIFORNIA CITIES 550.00 0.00 550.00 AP 00402570 07/17/2019 LEVEL 3 COMMUNICATIONS LLC 5,391.94 0.00 5,391.94 AP 00402571 07/17/2019 LVD EMPIRE LAKES LLC 29.08 0.00 29.08 AP 00402572 07/17/2019 MARK CHRISTOPHER INC 0.00 91.04 91.04 AP 00402573 07/17/2019 MCCRAY, MATTHEW 1,475.00 0.00 1,475.00 AP 00402574 07/17/2019 MG PETROLEUM INC 380.00 0.00 380.00 AP 00402575 07/17/2019 MOUNTAIN VIEW SMALL ENG REPAIR 22.53 0.00 22.53 AP 00402576 07/17/2019 NETFILE 12,600.00 0.00 12,600.00 AP 00402577 07/17/2019 OSHIRO, ALLEN 1,400.00 0.00 1,400.00 AP 00402578 07/17/2019 PALMER CONSULTING 269.00 0.00 269.00 AP 00402579 07/17/2019 PARSAC 0.00 259,589.00 259,589.00 AP 00402580 07/17/2019 PINES MOBILE HOME PARK, THE 300.00 0.00 300.00 AP 00402581 07/17/2019 PRE -PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00402582 07/17/2019 R L CLOTWORTHY CONSTRUCTION INC 20,000.00 0.00 20,000.00 AP 00402583 07/17/2019 RAULS AUTO TRIM INC 0.00 65.00 65.00 AP 00402584 07/17/2019 REACH 2,000.00 0.00 2,000.00 AP 00402585 07/17/2019 REYES COCA-COLA BOTTLING LLC 857.74 0.00 857.74 AP 00402586 07/17/2019 SAN BERNARDINO CO FIRE DEPT 60,257.07 0.00 60,257.07 AP 00402587 07/17/2019 SAN BERNARDINO COUNTY SHERIFFS DEPT 208,471.78 0.00 208,471.78 AP 00402588 07/17/2019 SAN BERNARDINO CTY AUDITOR CONTROLLER 34,346.15 0.00 34,346.15 AP 00402589 07/17/2019 SAN BERNARDINO SHERIFF'S DEPT 0.00 450.00 450.00 AP 00402590 07/17/2019 SASSOON, LORI 507.96 0.00 507.96 AP 00402591 07/17/2019 SBPEA 1,966.07 0.00 1,966.07 AP 00402592 07/17/2019 SDC LEAGUE HEALTH FUND 750.00 0.00 750.00 AP 00402593 07/17/2019 SDC LEAGUE PENSION FUND 119.25 0.00 119.25 AP 00402594 07/17/2019 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00402595 07/17/2019 SYCAMORE VILLA MOBILE HOME PARK 400.00 0.00 400.00 AP 00402596 07/17/2019 UNITED SCENIC ARTISTS PENSION & WELFARE FUNDS 234.00 0.00 234.00 AP 00402597 07/17/2019 UNITED WAY 60.00 0.00 60.00 AP 00402598 07/17/2019 VASTA, WILLIAM 1,050.00 0.00 1,050.00 AP 00402599 07/17/2019 VENTEK INTERNATIONAL 2,070.00 0.00 2,070.00 AP 00402600 07/17/2019 VERIZON 26.69 0.00 26.69 AP 00402601 07/17/2019 VISION COMMUNICATIONS CO 360.00 0.00 360.00 AP 00402602 07/17/2019 VOGT, PHILLIP 1,500.00 0.00 1,500.00 AP 00402603 07/17/2019 WAINWRIGHT, JANICE RODGERS 420.00 0.00 420.00 AP 00402604 07/17/2019 WASHINGTON -MILLER, TAMICA 833.00 0.00 833.00 AP 00402605 07/17/2019 WE TIP INC 8,826.70 0.00 8,826.70 AP 00402606 07/17/2019 WILSON, RYAN 193.39 0.00 193.39 AP 00402607 07/17/2019 ZALEWSKI, JOHN 866.00 0.00 866.00 AP 00402608 07/18/2019 T S R CONSTRUCTION & INSPECTION 107,739.50 0.00 107,739.50 AP 00402609 07/24/2019 ADVANCED UTILITY SYSTEMS CORP 38,610.02 0.00 38,610.02 AP 00402610 07/24/2019 ALKUBAISI, SAOUD 153.74 0.00 153.74 AP 00402611 07/24/2019 ALLDATA 1,616.25 0.00 1,616.25 User: VLOPEZ - VERONICA LOPEZ Page: 7 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 335 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402612 07/24/2019 ALLIANCE BUS LINES INC 1,333.00 0.00 1,333.00 AP 00402613 07/24/2019 ALPHAGRAPHICS 125.67 0.00 125.67 AP 00402614 07/24/2019 AROCHO, ALMA 1,488.60 0.00 1,488.60 AP 00402615 07/24/2019 ASSOCIATION OF CHILDREN'S MUSEUMS 400.00 0.00 400.00 AP 00402616 07/24/2019 AUTO AND RV SPECIALISTS INC. 74.08 0.00 74.08 AP 00402617 07/24/2019 BAKER & TAYLOR LLC 52.82 0.00 52.82 AP 00402618 07/24/2019 BAST, KAROLYN 357.00 0.00 357.00 AP 00402619 07/24/2019 BLACKBAUD 8,485.34 0.00 8,485.34 AP 00402620 07/24/2019 CALIFORNIA GANG INVESTIGATORS ASSN 700.00 0.00 700.00 AP 00402621 07/24/2019 CINTAS CORPORATION #150 0.00 376.27 376.27 AP 00402622 07/24/2019 CLARK, KAREN 756.00 0.00 756.00 AP 00402623 07/24/2019 COLADA, CZARINA 48.25 0.00 48.25 AP 00402624 07/24/2019 CONCEPT POWDER COATING 145.00 0.00 145.00 AP 00402625 07/24/2019 CREATIVE BRAIN LEARNING 1,611.00 0.00 1,611.00 AP 00402626 07/24/2019 D AND K CONCRETE COMPANY 3,241.14 0.00 3,241.14 AP 00402627 07/24/2019 DAVID BELENZON MANAGEMENT INC 6,000.00 0.00 6,000.00 AP 00402628 07/24/2019 DEALER ALTERNATIVE SOLUTIONS 938.70 0.00 938.70 AP 00402629 07/24/2019 DLIMAGING 20.23 0.00 20.23 AP 00402630 07/24/2019 DOLLARHIDE, GINGER 230.00 0.00 230.00 AP 00402631 07/24/2019 DREAM SHAPERS 1,000.00 0.00 1,000.00 AP 00402632 07/24/2019 DUDE SOLUTIONS 16,890.00 0.00 16,890.00 AP 00402633 07/24/2019 DUNN, ANN MARIE 804.00 0.00 804.00 AP 00402634 07/24/2019 EASTERLING, RAY 153.60 0.00 153.60 AP 00402635 07/24/2019 EXPRESS BRAKE SUPPLY 300.01 0.00 300.01 AP 00402636 07/24/2019 FELICIANO, GASPAR ANTHONY 216.00 0.00 216.00 AP 00402637 07/24/2019 FRONTIER COMM 775.88 621.83 1,397.71 *** AP 00402638 07/24/2019 GIORDANO, MARIANNA 124.80 0.00 124.80 AP 00402639 07/24/2019 HAMILTON, MONIQUE 1,650.00 0.00 1,650.00 AP 00402640 07/24/2019 HAMPTON YOGA 1,096.20 0.00 1,096.20 AP 00402641 07/24/2019 HANGTIME SPORTS 198.00 0.00 198.00 AP 00402642 07/24/2019 HI WAY SAFETY INC 147.61 0.00 147.61 AP 00402643 07/24/2019 HOPSCOTCH PRESS INC 3,300.00 0.00 3,300.00 AP 00402644 07/24/2019 HOYT LUMBER CO., SM 0.00 4.45 4.45 AP 00402645 07/24/2019 HUBBERT, JAMES LIDELL 84.00 0.00 84.00 AP 00402646 07/24/2019 INDERWEISCHE, MATT 1,134.00 0.00 1,134.00 AP 00402647 07/24/2019 INFO USA MARKETING INC 9,500.00 0.00 9,500.00 AP 00402648 07/24/2019 INTERSTATE BATTERIES 117.98 0.00 117.98 AP 00402649 07/24/2019 JOHNNY ALLEN TENNIS ACADEMY 1,213.80 0.00 1,213.80 AP 00402650 07/24/2019 KINDRED CORPORATION 1,238.05 0.00 1,238.05 AP 00402651 07/24/2019 KUSAKABE, MASATO 55.06 0.00 55.06 AP 00402652 07/24/2019 LATREACE, RAINEY 368.00 0.00 368.00 AP 00402653 07/24/2019 LAWDIS, STEVE 146.16 0.00 146.16 AP 00402654 07/24/2019 LEE, MOREA 450.00 0.00 450.00 AP 00402655 07/24/2019 LEVERAGE INFORMATION SYSTEMS INC 53,973.01 0.00 53,973.01 AP 00402656 07/24/2019 LU'S LIGHTHOUSE INC 314.59 0.00 314.59 AP 00402657 07/24/2019 LU, WEIJIAN 69.86 0.00 69.86 AP 00402658 07/24/2019 MARQUEZ, EMMANUEL E 950.00 0.00 950.00 User: VLOPEZ - VERONICA LOPEZ Page: 8 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 336 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402659 07/24/2019 MCMURRAY STERN INC 941.00 0.00 941.00 AP 00402660 07/24/2019 MINANO, FRANK 250.00 0.00 250.00 AP 00402661 07/24/2019 MORRIS, RICHARD 72.00 0.00 72.00 AP 00402662 07/24/2019 MOTOROLA SOLUTIONS INC 30,388.45 0.00 30,388.45 AP 00402663 07/24/2019 MOVEMENT TALENT AGENCY 250.00 0.00 250.00 AP 00402664 07/24/2019 MUSICLAND 1,680.00 0.00 1,680.00 AP 00402665 07/24/2019 MUTUAL PROPANE 0.00 20.00 20.00 AP 00402666 07/24/2019 MYERS TIRE SUPPLY COMPANY 117.31 0.00 117.31 AP 00402667 07/24/2019 NATIONAL LEAGUE OF CITIES 10,928.30 0.00 10,928.30 AP 00402668 07/24/2019 NAUMANN HOBBS MATERIAL HANDLING 56.72 0.00 56.72 AP 00402669 07/24/2019 NEIUBER, ROBERT 1,898.17 0.00 1,898.17 AP 00402670 07/24/2019 NEWMAN, MICHELLE NICOLE 700.00 0.00 700.00 AP 00402671 07/24/2019 NICHOLS, GARY 1,071.00 0.00 1,071.00 AP 00402672 07/24/2019 NORMANDIE, HEATHER 700.00 0.00 700.00 AP 00402673 07/24/2019 OEDING, HANNAHLEAH 100.00 0.00 100.00 AP 00402674 07/24/2019 ORONA, PATRICIA 105.00 0.00 105.00 AP 00402675 07/24/2019 OTT, LAURA 972.00 0.00 972.00 AP 00402676 07/24/2019 OTT, SHARON 331.20 0.00 331.20 AP 00402677 07/24/2019 PACIFIC ANIMAL PRODUCTIONS 1,510.00 0.00 1,510.00 AP 00402678 07/24/2019 PARSAC 292,535.00 0.00 292,535.00 AP 00402679 07/24/2019 PENSKE HONDA 255.88 0.00 255.88 AP 00402680 07/24/2019 PETES ROAD SERVICE INC 128.16 0.00 128.16 AP 00402681 07/24/2019 PIERCE, CHRISTINA 100.00 0.00 100.00 AP 00402682 07/24/2019 RAMIREZ, FERNANDO ROBERT 150.00 0.00 150.00 AP 00402683 07/24/2019 RBM LOCK AND KEY SERVICE 12.12 0.00 12.12 AP 00402684 07/24/2019 REYES, DAVID 270.00 0.00 270.00 AP 00402685 07/24/2019 RIGLEMAN, ENCARNACION ONTIVEROS 160.00 0.00 160.00 AP 00402686 07/24/2019 RODAS' AUTO REPAIR 488.27 0.00 488.27 AP 00402687 07/24/2019 SOUTH COAST AQMD 0.00 1,263.06 1,263.06 AP 00402690 07/24/2019 SOUTHERN CALIFORNIA EDISON 6,150.82 0.00 6,150.82 AP 00402691 07/24/2019 STEPPIN OUT BALLROOM 175.00 0.00 175.00 AP 00402692 07/24/2019 STOTZ EQUIPMENT 1,422.35 0.00 1,422.35 AP 00402693 07/24/2019 TARGETSOLUTIONS 0.00 3,760.00 3,760.00 AP 00402694 07/24/2019 TESSIER, JEAN YVES 1,500.00 0.00 1,500.00 AP 00402695 07/24/2019 THEATRE COMPANY, THE 1,740.00 0.00 1,740.00 AP 00402696 07/24/2019 THOMPSON, NAYANA 450.00 0.00 450.00 AP 00402697 07/24/2019 TORO TOWING 100.00 0.00 100.00 AP 00402698 07/24/2019 TRACEY, VAL 192.00 0.00 192.00 AP 00402699 07/24/2019 TYUS, IDA 792.00 0.00 792.00 AP 00402700 07/24/2019 ABLE BUILDING MAINTENANCE 0.00 860.00 860.00 AP 00402701 07/24/2019 ABSOLUTE SECURITY INTERNATIONAL INC 16,314.50 0.00 16,314.50 AP 00402702 07/24/2019 ALBERT GROVER & ASSOCIATES 35,471.79 0.00 35,471.79 AP 00402703 07/24/2019 ALLIANT INSURANCE SERVICES INC 12,132.00 0.00 12,132.00 AP 00402704 07/24/2019 ARCHITERRA DESIGN GROUP 12,690.75 0.00 12,690.75 AP 00402705 07/24/2019 ARTISTIC RESOURCES CORPORATION 4,999.00 0.00 4,999.00 AP 00402706 07/24/2019 BAKER & TAYLOR LLC 15.51 0.00 15.51 AP 00402707 07/24/2019 BERLITZ LANGUAGES INC 110.00 0.00 110.00 User: VLOPEZ - VERONICA LOPEZ Page: 9 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 337 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402708 07/24/2019 BERN MARIE'S PROMOTIONAL PRODUCTS 1,042.15 0.00 1,042.15 AP 00402709 07/24/2019 BRIGHTON AT TERRA VISTA 100.00 0.00 100.00 AP 00402710 07/24/2019 BRIGHTVIEW LANDSCAPE SERVICES INC. 47,145.74 0.00 47,145.74 AP 00402711 07/24/2019 BUREAU VERITAS NORTH AMERICA INC 4,452.08 0.00 4,452.08 AP 00402715 07/24/2019 C V W D 66,330.33 0.00 66,330.33 AP 00402716 07/24/2019 CALIFORNIA DEPT OF TAX AND FEE ADMINISTRATION 5,347.92 0.00 5,347.92 AP 00402717 07/24/2019 CALIFORNIA DPT OF TAX & FEE ADMINISTRATION 2,013.72 721.73 2,735.45 *** AP 00402718 07/24/2019 CCS ORANGE COUNTY JANITORIAL INC. 3,454.96 0.00 3,454.96 AP 00402719 07/24/2019 CDW GOVERNMENT INC 12,347.93 0.00 12,347.93 AP 00402720 07/24/2019 CHRISTENSEN, JENNIFER 114.00 0.00 114.00 AP 00402721 07/24/2019 CINTAS CORPORATION #150 0.00 63.88 63.88 AP 00402722 07/24/2019 CORELOGIC SOLUTIONS LLC 257.50 0.00 257.50 AP 00402723 07/24/2019 CUMMINGS, CHLOE 1,000.00 0.00 1,000.00 AP 00402724 07/24/2019 DATA TICKET INC 5,843.11 0.00 5,843.11 AP 00402725 07/24/2019 DIZON, TOMAI 18.00 0.00 18.00 AP 00402726 07/24/2019 ECONOLITE CONTROL PRODUCTS INC 92,068.51 0.00 92,068.51 AP 00402727 07/24/2019 ED MARTIN DESIGN 322.11 0.00 322.11 AP 00402728 07/24/2019 EXECUTIVE AUTO DETAIL 0.00 330.00 330.00 AP 00402729 07/24/2019 FEDERAL EXPRESS CORP 17.40 0.00 17.40 AP 00402730 07/24/2019 FEHR AND PEERS 8,517.50 0.00 8,517.50 AP 00402731 07/24/2019 FOOTHILL FAMILY SHELTER 5,000.00 0.00 5,000.00 AP 00402732 07/24/2019 FORD OF UPLAND INC 1,857.49 0.00 1,857.49 AP 00402733 07/24/2019 FRANKLIN TRUCK PARTS 0.00 490.37 490.37 AP 00402734 07/24/2019 FRONTIER COMMUNICATIONS 0.00 66,228.00 66,228.00 AP 00402735 07/24/2019 GARCIA, LOUIE 250.00 0.00 250.00 AP 00402736 07/24/2019 GRAINGER 4,389.64 -66.42 4,323.22 *** AP 00402737 07/24/2019 HOLE PUNCH DESIGN 857.50 0.00 857.50 AP 00402738 07/24/2019 INLAND DESERT SECURITY & COMMUNICATIONS INC 50.00 0.00 50.00 AP 00402739 07/24/2019 INTERNATIONAL LINE BUILDERS INC 2,990.56 0.00 2,990.56 AP 00402740 07/24/2019 INTERWEST CONSULTING GROUP INC 12,751.47 0.00 12,751.47 AP 00402741 07/24/2019 LU, JINGYI 43.68 0.00 43.68 AP 00402742 07/24/2019 MARIPOSA LANDSCAPES INC 38,555.49 2,350.84 40,906.33 *** AP 00402743 07/24/2019 MESSINA AND ASSOCIATES INC 0.00 997.50 997.50 AP 00402744 07/24/2019 MIDWEST TAPE 404.01 0.00 404.01 AP 00402745 07/24/2019 MORENO, ENRIQUE 109.00 0.00 109.00 AP 00402746 07/24/2019 NAPA AUTO PARTS 0.00 190.53 190.53 AP 00402747 07/24/2019 NEIUBER, ROBERT 393.27 0.00 393.27 AP 00402748 07/24/2019 NV5INC 32,212.77 0.00 32,212.77 AP 00402749 07/24/2019 OCCUPATIONAL HEALTH CTRS OF CA 299.53 318.71 618.24 *** AP 00402750 07/24/2019 ONTRAC 20.08 0.00 20.08 AP 00402751 07/24/2019 ONWARD ENGINEERING 11,396.00 0.00 11,396.00 AP 00402752 07/24/2019 ORIEL, JASMIN 150.00 0.00 150.00 AP 00402753 07/24/2019 PALMER CONSULTING 600.00 0.00 600.00 AP 00402754 07/24/2019 PALOMARES, XRISTOPHER 50.00 0.00 50.00 AP 00402755 07/24/2019 PARS 3,500.00 0.00 3,500.00 AP 00402756 07/24/2019 PEREZ, MICAELA 15.89 0.00 15.89 AP 00402757 07/24/2019 PERPETUAL STORAGE INC 4,889.20 0.00 4,889.20 User: VLOPEZ - VERONICA LOPEZ Page: 10 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 338 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402758 07/24/2019 PETERMAN LUMBER INC 248.67 0.00 248.67 AP 00402759 07/24/2019 PETES ROAD SERVICE INC 507.25 0.00 507.25 AP 00402760 07/24/2019 PRIME GLASS 603.93 0.00 603.93 AP 00402761 07/24/2019 QUALITY CODE PUBLISHING 1,226.75 0.00 1,226.75 AP 00402762 07/24/2019 RED WING BUSINESS ADVANTAGE ACCOUNT 537.20 0.00 537.20 AP 00402763 07/24/2019 RJM DESIGN GROUP INC 4,568.90 0.00 4,568.90 AP 00402764 07/24/2019 RODAS' AUTO REPAIR 7,443.60 0.00 7,443.60 AP 00402765 07/24/2019 RUBENS AUTO COLLISION CENTER 300.00 0.00 300.00 AP 00402766 07/24/2019 SAFECHECKS 1,452.34 0.00 1,452.34 AP 00402767 07/24/2019 SAN BERNARDINO CO AUDITOR CONT 10,377.45 0.00 10,377.45 AP 00402768 07/24/2019 SAN BERNARDINO COUNTY TRANSPORTATION 0.00 244.34 244.34 AP 00402769 07/24/2019 SEQUEL CONTRACTORS INC 458,623.82 0.00 458,623.82 AP 00402770 07/24/2019 SILVER & WRIGHT LLP 24,714.04 0.00 24,714.04 AP 00402771 07/24/2019 SKORUPSKI, SUSAN 250.00 0.00 250.00 AP 00402772 07/24/2019 SOCAL PPE 0.00 3,868.50 3,868.50 AP 00402773 07/24/2019 SOUTHERN CALIFORNIA EDISON 32,545.30 0.00 32,545.30 AP 00402774 07/24/2019 SOUTHERN CALIFORNIA EDISON 10,385.05 0.00 10,385.05 AP 00402775 07/24/2019 SOUTHERN CALIFORNIA EDISON 1,799.56 0.00 1,799.56 AP 00402776 07/24/2019 SOWLES, JULIE 1,238.04 0.00 1,238.04 AP 00402777 07/24/2019 STERLING COFFEE SERVICE 543.20 0.00 543.20 AP 00402778 07/24/2019 SYSTEMS SOURCE INC 636.43 0.00 636.43 AP 00402779 07/24/2019 TIREHUB LLC 3,845.22 1,283.68 5,128.90 *** AP 00402780 07/24/2019 TORO TOWING 150.00 0.00 150.00 AP 00402781 07/24/2019 ULINE 295.95 0.00 295.95 AP 00402786 07/24/2019 VERIZON WIRELESS - LA 5,244.97 0.00 5,244.97 AP 00402787 07/24/2019 VERIZON WIRELESS - LA 423.53 0.00 423.53 AP 00402788 07/24/2019 WAXIE SANITARY SUPPLY 428.11 0.00 428.11 AP 00402789 07/24/2019 WESTLAND GROUP INC 38,598.50 0.00 38,598.50 AP 00402790 07/25/2019 CURATALO, JAMES 0.00 1,551.56 1,551.56 AP 00402791 07/25/2019 JERKINS, PATRICK 0.00 1,472.46 1,472.46 AP 00402792 07/25/2019 KIRKPATRICK, WILLIAM 0.00 1,525.78 1,525.78 AP 00402793 07/25/2019 RODRIGUEZ, VICTOR 0.00 1,490.94 1,490.94 AP 00402794 07/25/2019 TOWNSEND, JAMES 0.00 2,057.83 2,057.83 AP 00402795 07/25/2019 WALKER, KENNETH 0.00 258.83 258.83 AP 00402796 07/25/2019 SAMS CLUB/SYNCHRONY BANK 13.74 0.00 13.74 AP 00402797 07/31/2019 FIRST AID 2000 31.25 0.00 31.25 AP 00402798 07/31/2019 AAA CONSTRUCTION INC 765.43 0.00 765.43 AP 00402799 07/31/2019 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00402800 07/31/2019 APPLE INC. 2,631.24 0.00 2,631.24 AP 00402801 07/31/2019 ASPLUND, TRACY 70.00 0.00 70.00 AP 00402802 07/31/2019 CAL PERS LONG TERM CARE PROGRAM 152.48 0.00 152.48 AP 00402803 07/31/2019 CALACSAN, CHRISTINA 45.00 0.00 45.00 AP 00402804 07/31/2019 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00402805 07/31/2019 CALIFORNIA, STATE OF 314.11 0.00 314.11 AP 00402806 07/31/2019 CALIFORNIA, STATE OF 250.00 0.00 250.00 AP 00402807 07/31/2019 CALIFORNIA, STATE OF 7.22 0.00 7.22 AP 00402808 07/31/2019 CASTILLO, FRANCISCO 396.00 0.00 396.00 User: VLOPEZ - VERONICA LOPEZ Page: 11 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 339 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402809 07/31/2019 CCIAA-CRIME & INTELLIGENCE ANALYSTS ASSOC. 410.00 0.00 410.00 AP 00402810 07/31/2019 CELEBRATION PARTY RENTALS 554.00 0.00 554.00 AP 00402811 07/31/2019 CELLEBRITE INC 4,060.75 0.00 4,060.75 AP 00402812 07/31/2019 CHARTER COMMUNICATIONS 7,892.44 6,362.54 14,254.98 *** AP 00402813 07/31/2019 CREATIVE BRAIN LEARNING 2,525.40 0.00 2,525.40 AP 00402814 07/31/2019 CRP OAKMONT SANTA ANITA LLC 15,000.00 0.00 15,000.00 AP 00402815 07/31/2019 DANCE TERRIFIC 200.00 0.00 200.00 AP 00402816 07/31/2019 DIG SAFE BOARD 171.07 0.00 171.07 AP 00402817 07/31/2019 ED MARTIN DESIGN 827.73 0.00 827.73 AP 00402818 07/31/2019 ENGSTROM, DANIEL 1,200.00 0.00 1,200.00 AP 00402819 07/31/2019 ESRI 124,540.00 27,960.00 152,500.00 *** AP 00402820 07/31/2019 FOLKENS, KIM 202.06 0.00 202.06 AP 00402821 07/31/2019 FORD OF UPLAND INC 2,126.04 0.00 2,126.04 AP 00402822 07/31/2019 FRANZ, KYLE 190.87 0.00 190.87 AP 00402823 07/31/2019 FRONTIER COMM 2,471.59 262.94 2,734.53 *** AP 00402824 07/31/2019 GRACIA, JENNIFER HUNT 1,589.67 0.00 1,589.67 AP 00402825 07/31/2019 GRANT III, VINCENT 4.21 0.00 4.21 AP 00402826 07/31/2019 HANGTIME SPORTS 5,292.00 0.00 5,292.00 AP 00402827 07/31/2019 HARGREAVES, JANET 120.00 0.00 120.00 AP 00402828 07/31/2019 INTERNATIONAL ACADEMY OF PUBLIC SAFETY INC 335.00 0.00 335.00 AP 00402829 07/31/2019 INTERSTATE BATTERIES 0.00 804.35 804.35 AP 00402830 07/31/2019 ISPIRYAN, ARMENUHI 39.77 0.00 39.77 AP 00402831 07/31/2019 JOHNNY ALLEN TENNIS ACADEMY 2,375.40 0.00 2,375.40 AP 00402832 07/31/2019 K & D ENERGY 356.90 0.00 356.90 AP 00402833 07/31/2019 KAISER FOUNDATION HEALTH PLAN INC 236,942.27 0.00 236,942.27 AP 00402834 07/31/2019 KINDRED CORPORATION 27,806.95 0.00 27,806.95 AP 00402835 07/31/2019 KIRKWOOD, MARGARET 270.00 0.00 270.00 AP 00402836 07/31/2019 KWALL LLC 37,500.00 0.00 37,500.00 AP 00402837 07/31/2019 LIU DDS INC, JOHNNY 168.66 0.00 168.66 AP 00402838 07/31/2019 LOPEZ, ANGEL 250.00 0.00 250.00 AP 00402839 07/31/2019 MAGELLAN ADVISORS LLC 55,855.00 0.00 55,855.00 AP 00402840 07/31/2019 MUNOZ, CLAUDIA L 240.00 0.00 240.00 AP 00402841 07/31/2019 MUSICSTAR 662.40 0.00 662.40 AP 00402842 07/31/2019 NAPA AUTO PARTS 0.00 10.75 10.75 AP 00402843 07/31/2019 ESKANDER, NASSEF 289.47 0.00 289.47 AP 00402844 07/31/2019 NELSON, JAMIE ROBERTS 320.00 0.00 320.00 AP 00402845 07/31/2019 NEOPOST USA INC 492.35 0.00 492.35 AP 00402846 07/31/2019 OSIAS, WALTER 49.71 0.00 49.71 AP 00402847 07/31/2019 POP VINYL LLC 2,000.00 0.00 2,000.00 AP 00402848 07/31/2019 PRE -PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00402849 07/31/2019 R AND R AUTOMOTIVE 574.46 0.00 574.46 AP 00402850 07/31/2019 RADIUS GLOBAL SOLUTIONS 558.44 0.00 558.44 AP 00402851 07/31/2019 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,333.34 0.00 3,333.34 AP 00402852 07/31/2019 ROCKSTARS OF TOMORROW 500.00 0.00 500.00 AP 00402853 07/31/2019 ROUCH, PETE 70.00 0.00 70.00 AP 00402854 07/31/2019 SBPEA 1,984.15 0.00 1,984.15 AP 00402855 07/31/2019 SHERIFFS COURT SERVICES 100.00 0.00 100.00 User: VLOPEZ - VERONICA LOPEZ Page: 12 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 340 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402856 07/31/2019 SHRED PROS 48.00 55.00 103.00 *** AP 00402858 07/31/2019 SOLARWINDS INC 2,636.00 0.00 2,636.00 AP 00402865 07/31/2019 SOUTHERN CALIFORNIA EDISON 17,025.03 3,025.93 20,050.96 *** AP 00402866 07/31/2019 STANDARD INSURANCE COMPANY 11,876.41 0.00 11,876.41 AP 00402867 07/31/2019 STANDARD INSURANCE COMPANY 3,590.92 0.00 3,590.92 AP 00402868 07/31/2019 STEPPIN OUT BALLROOM 126.00 0.00 126.00 AP 00402869 07/31/2019 SUPERION LLC 454.00 0.00 454.00 AP 00402870 07/31/2019 SWEET DOUGH CAFE 672.00 0.00 672.00 AP 00402871 07/31/2019 TIREHUB LLC 0.00 428.26 428.26 AP 00402872 07/31/2019 TRANSCOLD DISTRIBUTION USA 1,032.02 0.00 1,032.02 AP 00402873 07/31/2019 TUTOR.COM INC 19,900.00 0.00 19,900.00 AP 00402874 07/31/2019 U.S. BANK PARS ACCT #6746022500 1,085.14 0.00 1,085.14 AP 00402875 07/31/2019 U.S. BANK PARS ACCT #6746022500 22,966.74 0.00 22,966.74 AP 00402876 07/31/2019 UNDERGROUND SVC ALERT OF SO CAL 110.65 0.00 110.65 AP 00402877 07/31/2019 UPS 29.00 0.00 29.00 AP 00402878 07/31/2019 VALVERDE SCHOOL OF PERFORMING ARTS 1,000.00 0.00 1,000.00 AP 00402879 07/31/2019 VERIZON WIRELESS - LA 4,001.43 0.00 4,001.43 AP 00402880 07/31/2019 VISION SERVICE PLAN CA 10,697.00 0.00 10,697.00 AP 00402881 07/31/2019 VORTEX INDUSTRIES INC 2,219.01 0.00 2,219.01 AP 00402882 07/31/2019 WAXIE SANITARY SUPPLY 48.23 0.00 48.23 AP 00402883 07/31/2019 WHITE CAP CONSTRUCTION SUPPLY 174.31 0.00 174.31 AP 00402884 07/31/2019 WORD MILL PUBLISHING 1,400.00 0.00 1,400.00 AP 00402885 07/31/2019 WYCHE, LILLIE 13.02 0.00 13.02 AP 00402886 07/31/2019 ZEP SALES AND SERVICE 0.00 929.48 929.48 AP 00402887 07/31/2019 34TH STREET INC 2,150.00 0.00 2,150.00 AP 00402888 07/31/2019 C V W D 305.41 1,171.40 1,476.81 *** AP 00402894 07/31/2019 C V W D 142,254.10 430.96 142,685.06 *** AP 00402895 07/31/2019 COWLES, MICHELLE 0.00 917.99 917.99 AP 00402896 07/31/2019 DEPARTMENT OF TRANSPORTATION 9,919.49 0.00 9,919.49 AP 00402897 07/31/2019 FAMILY SERVICES ASSOCIATION 10,000.00 0.00 10,000.00 AP 00402898 07/31/2019 FIRST CLASS HEATING & AIR 7,850.00 0.00 7,850.00 AP 00402899 07/31/2019 FORTIN LAW GROUP 12,187.55 0.00 12,187.55 AP 00402900 07/31/2019 HOME DEPOT CREDIT SERVICES 5,374.91 0.00 5,374.91 AP 00402901 07/31/2019 HOUSE OF RUTH 5,498.05 0.00 5,498.05 AP 00402902 07/31/2019 INLAND FAIR HOUSING AND MEDIATION BOARD 5,280.42 0.00 5,280.42 AP 00402903 07/31/2019 INLAND VALLEY COUNCIL OF CHURCHES 2,925.00 0.00 2,925.00 AP 00402904 07/31/2019 LIFESTREAM 236.74 0.00 236.74 AP 00402905 07/31/2019 LOS ANGELES TIMES 499.66 0.00 499.66 AP 00402906 07/31/2019 LOZANO SMITH LLP 622.16 0.00 622.16 AP 00402907 07/31/2019 MAIN STREET SIGNS 269.38 0.00 269.38 AP 00402908 07/31/2019 MENESES, AGUSTIN L 4,350.00 0.00 4,350.00 AP 00402909 07/31/2019 MILAM, LEORA 260.00 0.00 260.00 AP 00402910 07/31/2019 OCCUPATIONAL HEALTH CTRS OF CA 588.53 0.00 588.53 AP 00402911 07/31/2019 ODLE, SUSAN 31.00 0.00 31.00 AP 00402912 07/31/2019 ONWARD ENGINEERING 12,154.00 0.00 12,154.00 AP 00402913 07/31/2019 OWENS, SCOTT 59.00 0.00 59.00 AP 00402914 07/31/2019 PALACIOS, JENNIFER 18.79 0.00 18.79 User: VLOPEZ - VERONICA LOPEZ Page: 13 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 341 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402915 07/31/2019 PRECISION AERIAL SERVICES INC 706.30 0.00 706.30 AP 00402916 07/31/2019 Q1 YUAN INC 899.22 0.00 899.22 AP 00402917 07/31/2019 R3 CONSULTING GROUP INC 7,993.75 0.00 7,993.75 AP 00402918 07/31/2019 RICHARDS WATSON AND GERSHON 20,921.08 0.00 20,921.08 AP 00402919 07/31/2019 SERRANO, JAQUELINE 76.00 0.00 76.00 AP 00402920 07/31/2019 SILVER & WRIGHT LLP 17,174.79 0.00 17,174.79 AP 00402921 07/31/2019 SMITH, MICHAEL 117.87 0.00 117.87 AP 00402923 07/31/2019 SOUTHERN CALIFORNIA EDISON 2,798.49 0.00 2,798.49 AP 00402924 07/31/2019 SOUTHERN CALIFORNIA EDISON 1,119.78 0.00 1,119.78 AP 00402925 07/31/2019 THE COUNSELING TEAM INTERNATIONAL 0.00 480.00 480.00 AP 00402926 07/31/2019 TORRANCE, CITY OF 16,005.24 0.00 16,005.24 AP 00402927 07/31/2019 TRANSWEST TRUCK CENTER 3,982.91 0.00 3,982.91 AP 00402928 07/31/2019 TURNING POINT INT'L MINISTRIES 625.00 0.00 625.00 AP 00402929 07/31/2019 VALLE, STEPHANIE N. 700.00 0.00 700.00 AP 00402934 07/31/2019 VERIZON WIRELESS - LA 5,916.69 0.00 5,916.69 AP 00402935 07/31/2019 VICTOR MEDICAL COMPANY 4,127.86 0.00 4,127.86 AP 00402936 07/31/2019 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00402937 07/31/2019 WHITE HOUSE PHOTO INC 1,050.00 0.00 1,050.00 AP 00402938 07/31/2019 ZOETIS US LLC 125.99 0.00 125.99 AP 00402939 08/07/2019 6TH & HERMOSA JP/DF LLC 15,488.00 0.00 15,488.00 AP 00402940 08/07/2019 ACTORS'EQUITYASSOCIATION 14,105.00 0.00 14,105.00 AP 00402941 08/07/2019 ALCORN, RICHARD 20.00 0.00 20.00 AP 00402942 08/07/2019 ALL WELDING 140.00 0.00 140.00 AP 00402943 08/07/2019 ALLIANCE BUS LINES INC 2,421.00 0.00 2,421.00 AP 00402944 08/07/2019 ALPHAGRAPHICS 1,009.56 0.00 1,009.56 AP 00402945 08/07/2019 ALTA VISTA MOBILE HOME PARK 397.59 0.00 397.59 AP 00402946 08/07/2019 ARCHIBALD PET HOSPITAL 50.00 0.00 50.00 AP 00402947 08/07/2019 AYANTRA INC 0.00 192.00 192.00 AP 00402948 08/07/2019 BAKER & TAYLOR LLC 69.65 0.00 69.65 AP 00402949 08/07/2019 BARIONI, GIULIO 350.00 0.00 350.00 AP 00402952 08/07/2019 C V W D 56,304.85 465.52 56,770.37 *** AP 00402953 08/07/2019 CA LLC - DBA ALTA LAGUNA MHP 500.00 0.00 500.00 AP 00402954 08/07/2019 CAL POLY POMONA FOUNDATION 3,800.00 0.00 3,800.00 AP 00402955 08/07/2019 CASA VOLANTE MOBILE HOME PARK 700.00 0.00 700.00 AP 00402956 08/07/2019 CCS ORANGE COUNTY JANITORIAL INC. 0.00 1,603.90 1,603.90 AP 00402957 08/07/2019 CHAMPION AWARDS AND SPECIALTIES 19.40 0.00 19.40 AP 00402958 08/07/2019 CHAPARRAL HEIGHTS MOBILE HOME PARK 452.98 0.00 452.98 AP 00402959 08/07/2019 CINTAS CORPORATION #150 0.00 720.60 720.60 AP 00402960 08/07/2019 CLAREMONT CHAMBER OF COMMERCE 400.00 0.00 400.00 AP 00402961 08/07/2019 CONFIRE JPA 0.00 176,393.00 176,393.00 AP 00402962 08/07/2019 CONSOLIDATED ELECTRICAL DISTR INC 129.04 0.00 129.04 AP 00402963 08/07/2019 CONVERGEONE INC. 39,571.20 0.00 39,571.20 AP 00402964 08/07/2019 CRIME SCENE STERI-CLEAN LLC 270.00 0.00 270.00 AP 00402965 08/07/2019 CSUSB DEPARTMENT OF THEATRE ARTS 535.00 0.00 535.00 AP 00402966 08/07/2019 D AND K CONCRETE COMPANY 1,957.83 0.00 1,957.83 AP 00402967 08/07/2019 D M CONTRACTING INC 67,382.55 0.00 67,382.55 AP 00402968 08/07/2019 DAART ENGINEERING COMPANY INC 91.80 0.00 91.80 User: VLOPEZ - VERONICA LOPEZ Page: 14 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 342 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402969 08/07/2019 DALTON, KING 400.00 0.00 400.00 AP 00402970 08/07/2019 DANIELS TIRE SERVICE 0.00 5,313.51 5,313.51 AP 00402971 08/07/2019 DELTA DENTAL INSURANCE COMPANY 1,252.12 0.00 1,252.12 AP 00402972 08/07/2019 DELTA DENTAL INSURANCE COMPANY 42,201.88 0.00 42,201.88 AP 00402973 08/07/2019 DIRECTV 183.24 0.00 183.24 AP 00402974 08/07/2019 DOWN SYNDROME FAMILY RESOURCE CNTR 250.00 0.00 250.00 AP 00402975 08/07/2019 EDWARD PROFESSIONAL ADVISORS 300.00 0.00 300.00 AP 00402976 08/07/2019 ENERGUY, THE 250.00 0.00 250.00 AP 00402977 08/07/2019 ESPARZA, ROGELIO 6.00 0.00 6.00 AP 00402978 08/07/2019 EXECUTIVE AUTO DETAIL 0.00 255.00 255.00 AP 00402979 08/07/2019 FACTORY MOTOR PARTS 0.00 255.67 255.67 AP 00402980 08/07/2019 FEDERAL EXPRESS CORP 25.87 0.00 25.87 AP 00402981 08/07/2019 FIRST CLASS HEATING & AIR 5,325.00 0.00 5,325.00 AP 00402982 08/07/2019 FORD OF UPLAND INC 1,587.19 0.00 1,587.19 AP 00402983 08/07/2019 FUEL SERV 0.00 3,560.00 3,560.00 AP 00402984 08/07/2019 G AND M BUSINESS INTERIORS 0.00 111.09 111.09 AP 00402985 08/07/2019 GEOGRAPHICS 598.75 0.00 598.75 AP 00402986 08/07/2019 GILKEY, JOHN A 500.00 0.00 500.00 AP 00402987 08/07/2019 GIORDANO, MARIANNA 231.00 0.00 231.00 AP 00402988 08/07/2019 GLOBALSTAR USA 174.50 0.00 174.50 AP 00402989 08/07/2019 GOGOV APPS INC 11,280.00 0.00 11,280.00 AP 00402990 08/07/2019 GONSALVES AND SON, JOE A 6,000.00 0.00 6,000.00 AP 00402991 08/07/2019 GRAINGER 1,010.86 0.00 1,010.86 AP 00402992 08/07/2019 GRAPHICS FACTORY PRINTING INC. 913.18 0.00 913.18 AP 00402993 08/07/2019 GROVES ON FOOTHILL, THE 200.00 0.00 200.00 AP 00402994 08/07/2019 HANGTIME SPORTS 2,094.00 0.00 2,094.00 AP 00402995 08/07/2019 HEARTSAVERS LLC 154.00 0.00 154.00 AP 00402996 08/07/2019 HENRY SCHEIN ANIMAL HEALTH SUPPLY 605.94 0.00 605.94 AP 00402997 08/07/2019 HILLS PET NUTRITION SALES INC 2,595.99 0.00 2,595.99 AP 00402998 08/07/2019 HOMETOWN AMERICA RAMONA VILLA 500.00 0.00 500.00 AP 00402999 08/07/2019 IATSE NATIONAL BENEFITS FUNDS 312.00 0.00 312.00 AP 00403000 08/07/2019 ILAND INTERNET SOLUTIONS 7,517.62 0.00 7,517.62 AP 00403001 08/07/2019 INLAND EMPIRE MEDIA GROUP INC 1,995.00 0.00 1,995.00 AP 00403002 08/07/2019 INSTITUTE FOR LOCAL GOVERNMENT 3,500.00 0.00 3,500.00 AP 00403003 08/07/2019 INTERVET INC 4,877.78 0.00 4,877.78 AP 00403004 08/07/2019 IRON MOUNTAIN OSDP 874.49 0.00 874.49 AP 00403005 08/07/2019 J J KELLER AND ASSOC INC 995.00 0.00 995.00 AP 00403006 08/07/2019 JOHNNY ALLEN TENNIS ACADEMY 428.40 0.00 428.40 AP 00403007 08/07/2019 KINDRED CORPORATION 1,104.44 0.00 1,104.44 AP 00403008 08/07/2019 KRONOS INC 0.00 14,400.00 14,400.00 AP 00403009 08/07/2019 KWAPINSKI, SASHA 60.00 0.00 60.00 AP 00403010 08/07/2019 LEAGUE OF CALIFORNIA CITIES 550.00 0.00 550.00 AP 00403011 08/07/2019 LEE, AMANDA 200.00 0.00 200.00 AP 00403012 08/07/2019 LIFE ASSIST INC 0.00 287.05 287.05 AP 00403013 08/07/2019 MAIN STREET SIGNS 0.00 1,610.86 1,610.86 AP 00403014 08/07/2019 MANGO LANGUAGES 10,219.00 0.00 10,219.00 AP 00403015 08/07/2019 MARK CHRISTOPHER INC 0.00 10.82 10.82 User: VLOPEZ - VERONICA LOPEZ Page: 15 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 343 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00403016 08/07/2019 MC AVOY & MARKHAM 1,621.42 0.00 1,621.42 AP 00403017 08/07/2019 MCI 133.70 0.00 133.70 AP 00403018 08/07/2019 MCMASTER CARR SUPPLY COMPANY 81.50 0.00 81.50 AP 00403019 08/07/2019 MIJAC ALARM COMPANY 0.00 2,532.00 2,532.00 AP 00403020 08/07/2019 MOE, JOHN 224.00 0.00 224.00 AP 00403021 08/07/2019 NAPA AUTO PARTS 33.37 183.24 216.61 *** AP 00403022 08/07/2019 NEWCO DISTRIBUTORS INC 526.47 0.00 526.47 AP 00403023 08/07/2019 NEXTECH SYSTEMS INC 39,379.09 0.00 39,379.09 AP 00403024 08/07/2019 ONTARIO ICE SKATING CENTER 1,142.40 0.00 1,142.40 AP 00403025 08/07/2019 ONTARIO WINNELSON CO 48.06 0.00 48.06 AP 00403026 08/07/2019 ONTARIO, CITY OF 0.00 25,000.00 25,000.00 AP 00403027 08/07/2019 OPTIMUM INC 1,500.00 0.00 1,500.00 AP 00403028 08/07/2019 ORKIN PEST CONTROL 72.42 0.00 72.42 AP 00403029 08/07/2019 PARSAC 0.00 423,759.00 423,759.00 AP 00403030 08/07/2019 PASMA 99.00 0.00 99.00 AP 00403031 08/07/2019 PERSONAL STRENGTHS PUBLISHING INC 400.00 0.00 400.00 AP 00403032 08/07/2019 PETES ROAD SERVICE INC 746.25 0.00 746.25 AP 00403033 08/07/2019 PETROVICH, VICTORIA 866.00 0.00 866.00 AP 00403034 08/07/2019 PINES MOBILE HOME PARK, THE 400.00 0.00 400.00 AP 00403035 08/07/2019 R AND R AUTOMOTIVE 2,301.43 0.00 2,301.43 AP 00403036 08/07/2019 RAULS AUTO TRIM INC 160.00 0.00 160.00 AP 00403037 08/07/2019 RDO EQUIPMENT COMPANY 262.53 0.00 262.53 AP 00403038 08/07/2019 RECYCLE AWAY LLC 259.93 0.00 259.93 AP 00403039 08/07/2019 RODAS' AUTO REPAIR 3,659.29 0.00 3,659.29 AP 00403040 08/07/2019 ROTARY CORPORATION 319.63 0.00 319.63 AP 00403041 08/07/2019 RUBENS AUTO COLLISION CENTER 499.95 0.00 499.95 AP 00403042 08/07/2019 SAN BERNARDINO CTY DEPT OF PUBLIC HEALTH 0.00 600.00 600.00 AP 00403043 08/07/2019 SHRED PROS 68.00 0.00 68.00 AP 00403044 08/07/2019 SMG/ ONTARIO CONVENTION CENTER 125.12 0.00 125.12 AP 00403045 08/07/2019 SMITH, DAVID 6.00 0.00 6.00 AP 00403047 08/07/2019 SOUTH COAST ANESTHESIA LLC 1,383.12 0.00 1,383.12 AP 00403048 08/07/2019 SOUTHERN CALIFORNIA ASSOC OF GOVERNMENTS 17,494.00 0.00 17,494.00 AP 00403050 08/07/2019 SOUTHERN CALIFORNIA EDISON 30,063.14 971.38 31,034.52 *** AP 00403051 08/07/2019 SPORTBALL 432.00 0.00 432.00 AP 00403052 08/07/2019 STEP N' WASH INC 1,724.85 0.00 1,724.85 AP 00403053 08/07/2019 STEPPIN OUT BALLROOM 372.40 0.00 372.40 AP 00403054 08/07/2019 STERLING COFFEE SERVICE 1,008.36 0.00 1,008.36 AP 00403055 08/07/2019 STOTZ EQUIPMENT 344.77 0.00 344.77 AP 00403056 08/07/2019 SUPERION LLC 7,200.00 0.00 7,200.00 AP 00403057 08/07/2019 SYCAMORE VILLA MOBILE HOME PARK 400.00 0.00 400.00 AP 00403058 08/07/2019 TROYAN, LINDA A 818.49 0.00 818.49 AP 00403059 08/07/2019 UNITED SCENIC ARTISTS PENSION & WELFARE FUNDS 234.00 0.00 234.00 AP 00403060 08/07/2019 UNITED WAY 60.00 0.00 60.00 AP 00403061 08/07/2019 UNIVERSITY 4 KIDS 2,208.00 0.00 2,208.00 AP 00403062 08/07/2019 UPS 29.00 0.00 29.00 AP 00403063 08/07/2019 VALENZUELA, ANDRES 50.00 0.00 50.00 AP 00403064 08/07/2019 VALVERDE SCHOOL OF PERFORMING ARTS 115.00 0.00 115.00 User: VLOPEZ - VERONICA LOPEZ Page: 16 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 344 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00403065 08/07/2019 VERIZON WIRELESS - LA 0.00 4,404.87 4,404.87 AP 00403066 08/07/2019 VICTOR MEDICAL COMPANY 12,827.47 0.00 12,827.47 AP 00403067 08/07/2019 VILLALOBOS, KHRYSTYNE 50.00 0.00 50.00 AP 00403068 08/07/2019 VIVINT SOLAR DEVELOPER LLC 58.00 0.00 58.00 AP 00403069 08/07/2019 WAXIE SANITARY SUPPLY 4,517.23 128.59 4,645.82 *** AP 00403070 08/07/2019 WELLS FARGO BANK N A 2,000.00 0.00 2,000.00 AP 00403071 08/07/2019 WELLS FARGO BANK N A 1,500.00 0.00 1,500.00 AP 00403072 08/07/2019 WIRZ AND COMPANY 601.25 0.00 601.25 AP 00403073 08/07/2019 YALE CHASE EQUIPMENT AND SERVICES INC 46.96 0.00 46.96 AP 00403074 08/07/2019 YORK INSURANCE SERVICES GROUP INC 0.00 21,648.75 21,648.75 AP 00403075 08/07/2019 YORK RISK SERVICES GROUP INC 14,631.00 0.00 14,631.00 AP 00403076 08/07/2019 ZARAGOZA, IMELDA 50.00 0.00 50.00 AP 00403077 08/07/2019 ZOETIS US LLC 3,575.85 0.00 3,575.85 AP 00403078 08/07/2019 ADOBE ANIMAL HOSPITAL 175.00 0.00 175.00 AP 00403079 08/07/2019 ADVANCED CHEMICAL TRANSPORT 1,408.00 0.00 1,408.00 AP 00403080 08/07/2019 BRAUN BLAISING SMITH WYNNE P.C. 265.75 0.00 265.75 AP 00403081 08/07/2019 BRIGHTVIEW LANDSCAPE SERVICES INC. 58,984.06 0.00 58,984.06 AP 00403082 08/07/2019 CAMERON -DANIEL PC 335.50 0.00 335.50 AP 00403083 08/07/2019 CITRUS MOTORS ONTARIO INC 5,669.43 0.00 5,669.43 AP 00403084 08/07/2019 CRIME SCENE STERI-CLEAN LLC 1,080.00 0.00 1,080.00 AP 00403085 08/07/2019 CUCAMONGA VALLEY WATER DISTRICT 35,603.95 0.00 35,603.95 AP 00403086 08/07/2019 D & D SERVICES INC. 451.50 0.00 451.50 AP 00403087 08/07/2019 DAKTRONICS INC 14,050.69 0.00 14,050.69 AP 00403088 08/07/2019 DEPARTMENT OF JUSTICE 2,786.00 0.00 2,786.00 AP 00403089 08/07/2019 EASTER SEALS SOUTHERN CALIFORNIA 250.00 0.00 250.00 AP 00403090 08/07/2019 EDWARD PROFESSIONAL ADVISORS 150.00 0.00 150.00 AP 00403091 08/07/2019 EIGHTH AVENUE ENTERPRISE LLC 369.71 0.00 369.71 AP 00403092 08/07/2019 ELITE CUSTOMS CONSTRUCTION 1,309.00 0.00 1,309.00 AP 00403093 08/07/2019 FACTORY MOTOR PARTS 0.00 133.30 133.30 AP 00403094 08/07/2019 FORTIN LAW GROUP 414.00 0.00 414.00 AP 00403095 08/07/2019 FREEDMAN, JACK 322.85 0.00 322.85 AP 00403096 08/07/2019 GATEWAY PET CEMETERY AND CREMATORY 560.00 0.00 560.00 AP 00403097 08/07/2019 GEOGRAPHICS 3,183.17 0.00 3,183.17 AP 00403098 08/07/2019 GRAINGER 0.00 89.03 89.03 AP 00403099 08/07/2019 HMC ARCHITECTS 0.00 239.28 239.28 AP 00403100 08/07/2019 HUMANE SOCIETY OF SAN BERNARDINO VALLEY INC. 25.00 0.00 25.00 AP 00403101 08/07/2019 IDEXX DISTRIBUTION INC 4,248.04 0.00 4,248.04 AP 00403103 08/07/2019 INLAND EMPIRE PROPERTY SERVICES INC 0.00 12,067.50 12,067.50 AP 00403104 08/07/2019 INLAND PRESORT & MAILING SERVICES 489.43 0.00 489.43 AP 00403105 08/07/2019 ITERIS INC 17,076.10 0.00 17,076.10 AP 00403106 08/07/2019 JTB SUPPLY COMPANY 9,677.20 0.00 9,677.20 AP 00403107 08/07/2019 KVAC ENVIRONMENTAL SERVICES INC 0.00 307.00 307.00 AP 00403108 08/07/2019 KVCR EDUCATIONAL FOUNDATION INC 1,500.00 0.00 1,500.00 AP 00403109 08/07/2019 LEAGUE OF CALIFORNIA CITIES 500.00 0.00 500.00 AP 00403110 08/07/2019 LEVERAGE INFORMATION SYSTEMS INC 3,992.74 0.00 3,992.74 AP 00403111 08/07/2019 LIEBERT CASSIDY WHITMORE 2,757.20 2,303.00 5,060.20 *** AP 00403112 08/07/2019 LIPOCK'S ACCOUNTING SERVICES INC 1,725.00 0.00 1,725.00 User: VLOPEZ - VERONICA LOPEZ Page: 17 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 345 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00403113 08/07/2019 LORINCZ, CHRISTINA 60.00 0.00 60.00 AP 00403114 08/07/2019 MARIPOSA LANDSCAPES INC 39,553.65 0.00 39,553.65 AP 00403115 08/07/2019 MEDIWASTE DISPOSAL 40.00 0.00 40.00 AP 00403116 08/07/2019 MIDWEST TAPE 109.96 0.00 109.96 AP 00403117 08/07/2019 MONTGOMERY HARDWARE CO 414.08 0.00 414.08 AP 00403118 08/07/2019 MUSIC THEATRE INTERNATIONAL 2,670.00 0.00 2,670.00 AP 00403119 08/07/2019 NAPA AUTO PARTS 0.00 496.32 496.32 AP 00403120 08/07/2019 NLAB CONCEPTS INC 1,600.00 0.00 1,600.00 AP 00403121 08/07/2019 ONWARD ENGINEERING 2,880.00 0.00 2,880.00 AP 00403122 08/07/2019 OPARC 352.00 0.00 352.00 AP 00403123 08/07/2019 RICHARDS WATSON AND GERSHON 3,680.98 6,791.40 10,472.38 *** AP 00403124 08/07/2019 SAN BERNARDINO CTY AUDITOR CONTROLLER 2,390.98 0.00 2,390.98 AP 00403125 08/07/2019 SC FUELS 24,831.01 0.00 24,831.01 AP 00403126 08/07/2019 SERVICE CHAMPIONS INC 298.03 0.00 298.03 AP 00403127 08/07/2019 SILVER & WRIGHT LLP 36,897.00 0.00 36,897.00 AP 00403128 08/07/2019 SOCIAL IMPACT ARTISTS - TSIA, THE 6,000.00 0.00 6,000.00 AP 00403129 08/07/2019 SOCIAL VOCATIONAL SERVICES 4,032.00 0.00 4,032.00 AP 00403130 08/07/2019 SOUTHERN CALIFORNIA EDISON 191.24 0.00 191.24 AP 00403131 08/07/2019 SPRINKGUARD LLC 4,313.80 0.00 4,313.80 AP 00403132 08/07/2019 UNITED SITE SERVICES OF CA INC 281.34 0.00 281.34 AP 00403133 08/07/2019 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00403134 08/07/2019 VICTOR MEDICAL COMPANY 1,554.71 0.00 1,554.71 AP 00403135 08/07/2019 VICTORIA ANIMAL HOSPITAL 50.00 0.00 50.00 AP 00403136 08/07/2019 VIVINT SOLAR DEVELOPER LLC 394.80 0.00 394.80 AP 00403137 08/07/2019 WAXIE SANITARY SUPPLY 1,182.32 0.00 1,182.32 Total City: $8,781,972.69 Total Fire: $1,226,806.82 Grand Total: , Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 18 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:19:21 Page 346 DATE: TO: FROM: INITIATED BY: SUBJECT August 21, 2019 Mayor and Members of the City Council John R. Gillison, City Manager Tamara Layne, Finance Director CONSIDERATION TO APPROVE WEEKLY CHECK REGISTERS FOR CHECKS ISSUED TO SOUTHERN CALIFORNIA GAS COMPANY IN THE AMOUNT OF $8,430.06 DATED JULY 17, 2019 THROUGH AUGUST 12, 2019. RECOMMENDATION: Staff recommends City Council approve payment of demands as presented. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 So Ca Gas - Check Register Page 347 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. Agenda Check Register 7/17/2019 through 8/12/2019 Check No. Check Date Vendor Name Ca Fire Amount AP 00402493 07/17/2019 SO CALIF GAS COMPANY 0.00 75.63 75.63 AP 00402857 07/31/2019 SO CALIF GAS COMPANY 6,922.33 390.95 7,313.28 *** AP 00402922 07/31/2019 SO CALIF GAS COMPANY 801.96 0.00 801.96 AP 00403046 08/07/2019 SO CALIF GAS COMPANY 705.77 142.29 848.06 *** Total City: $8,430.06 Total Fire: $608.87 Grand Total:S9,03B-.93 Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 08/13/2019 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 07:29:53 Page 348 DATE: TO: FROM: INITIATED BY: SUBJECT: August 21, 2019 Mayor and Members of the City Council James C. Frost, City Treasurer Lori E. Sassoon, Deputy City Manager/Administrative Services Tamara L. Layne, Finance Director Sandra G. Ramirez, Management Analyst III CONSIDERATION TO RECEIVE AND FILE CURRENT INVESTMENT SCHEDULE AS OF JULY 31, 2019. RECOMMENDATION: Staff recommends that the City Council receive and file the attached current investment schedule for the City of Rancho Cucamonga as of July 31, 2019. BACKGROUND: The attached investment schedule as of July 31, 2019 reflects cash and investments managed by the Finance/Treasury Management Division and is in conformity with the requirements of California Government Code Section 53601 and the City of Rancho Cucamonga's adopted Investment Policy as approved by the City Council on February 20, 2019. ANALYSIS: The City Treasurer is required to submit a quarterly investment report to the City Council in accordance with California Government Code Section 53646. The quarterly investment report is required to be submitted within 30 days following the end of the quarter covered by the report. However, the City Treasurer has elected to provide this report on a monthly basis. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 - Portfolio Management - Portfolio Summary July 31, 2019 Page 349 U ca cm r- 0 0 V 0 E r V C 7 N 0co CO v 0 eh C O 0 00a a V crW 7 W C� 0 Y ; M r I N O M,t t00 I O) O M h N N� M O) N N- N O !g (D O M n N g CO r y tt0 Of T n V' M I fD N N ,- N O N CV r M N M M` N M O O tc a m m u'1 p 0 C OD 10 O .- W M G m O O � N IR . 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Gillison, City Manager Jason C. Welday, Director of Engineering Services/City Engineer Gianfranco Laurie, Senior Civil Engineer Sandra Salazar, Associate Engineer CONSIDERATION OF A CONTRACT CHANGE ORDER TO KIMLEY-HORN AND ASSOCIATES, INC.(CO18-126), IN THE AMOUNT OF $7,160 AND AUTHORIZATION OF AN APPROPRIATION IN THE TOTAL AMOUNT OF $82,160 FROM THE TRANSPORTATION FUND (FUND 124), FOR THE FISCAL YEAR 2018/19 INSTALLATION OF TWO TRAFFIC SIGNALS AND THREE FLASHING YELLOW ARROW SIGNAL MODIFICATIONS PROJECT. RECOMMENDATION: Staff recommends that the City Council: 1. Reauthorize an appropriation in the amount of $75,000 from the Transportation Fund (Fund 124) Fund Balance to cover additional design services and an increase to the anticipated construction costs previously approved and recommended by the City Council on February 20, 2019; 2. Authorize a change order to the agreement with Kimley-Horn and Associates, Inc., in the amount of $7,160 for additional traffic signal design consultation services to include fiber optic plans along Hermosa Avenue and Haven Avenue; and 3. Authorize an additional appropriation in the amount of $7,160 from the Transportation Fund (Fund 124) Fund Balance to cover additional design services related to including fiber optic plans. BACKGROUND: On February 20, 2019, the City Council took an itemized action to authorize an appropriation in the amount of $75,000 from the Transportation Fund (Fund 124) Fund Balance to cover additional design services and an increase to the anticipated construction costs for the installation of flashing yellow arrow signal modifications along Arrow Route at the intersections of Red Oak Street and White Oak Avenue. A copy of the February 20, 2019 Staff Report is on file with the City Clerk's Office. At this time, Kimley-Horn and Associates, Inc. (Kimley-Horn) is in the process of finalizing the design plans. One of two new traffic signal installation located at Hellman Avenue and Sixth Street includes fiber optic design plans along Sixth Street from Hellman Avenue to Haven Avenue interconnecting all traffic signals within this segment. The Project was initially budgeted for Fiscal Year 2018/19 however, unforeseen delays during the design phase resulted in the Project being carried over to Fiscal Year 2019/20. ANALYSIS: The appropriation of the additional $75,000 from the Transportation Fund balance for the Project was inadvertently excluded from the Fiscal Year 2018/19 Amended Budget as well as the new Fiscal Year 2019/20 Budget. As a result, the City Council's prior approval to appropriate funds was not allocated in Page 361 a timely manner. Therefore, Kimley-Horn's supplemental design services and anticipated construction cost for the installation of flashing yellow arrow signal modifications along Arrow Route at the intersections of Red Oak Street and White Oak Avenue were not accounted for in the project budget. In order to correct this error, staff is requesting that the City Council reauthorize the appropriation previously approved. One design change in the plan involved the interconnect on Haven Avenue between Sixth Street and Civic Center Drive to tie into the City's network. This was originally planned to be made via a radio (wireless) bridge. After further review, Engineering staff revised the design to include a fiber optic connection instead of a wireless link consistent with the City's Traffic Signal Communication Master Plan. This change required a change order to the initial contract scope. This change order includes field work, design and additional coordination with utility companies. FISCAL IMPACT: A purchase order for Kimley-Horn totals in the amount of $108,095. This includes a design services contract at $98,265 plus a 10% design contingency. This new change in scope to include fiber optic design plans for Hermosa Avenue and Haven Avenue totals $16,760 and will be expended from the 10% design contingency that is currently unused. Utilizing the 10% design contingency, a shortfall of $7,160 remains to approve Kimley-Horn's extra work fee proposal. Therefore, an appropriation in the amount of $82,160 ($75,000 previously appropriated and $7,160 for the change order) from the Transportation Fund Balance into the following project accounts is needed. Sufficient fund balance exists to cover the following additional costs: Account No. Funding Source Description Amount 11243035650/1996124-0 Transportation Fund (124) Arrow: Upgrade LT $75,000 Phases 11243035650/1957124-0 Transportation Fund (124) Signal: 6th St at Hellman $7,160 Total $82,160 The project construction estimate is $2,070,000 which includes a 10% contingency and 10% for construction inspection. Engineering staff will request an appropriation for these costs at the time of contract award. Construction for the additional fiber optic cable on Hermosa Avenue and Haven Avenue is estimated to cost $375,000 which will be expended from the Advanced Traffic Management System Phase 1 Project. COUNCIL GOAL(S) ADDRESSED: This item addresses City Council Goal of Enhancing Premier Community Status by increasing the active investment in improving traffic management operations throughout the City. ATTACHMENTS: Description Attachment 1 - Vicinity Map Page 362 ATTACHMENT 1 FISCAL YEAR 2018/19 INSTALLATION OF TWO TRAFFIC SIGNALS AND THREE FLASHING YELLOW ARROW SIGNAL MODIFICATIONS PROJECT VICINITY MAP NOT TO SCALE alemon AVB = Lemon Ave ® -age r„ `o n O m 4 � na or _Hl94ldLLAve 1, _1.,, Ave – n � y Alta Lomat",19th St n � a a vlrmda 5t Grapelantl f sr C—- or La Ylne SC Rancho CRRa 1350 Ce.ntralnt.1 Park a fl Ine Rd Ba SP Line Rd 0a4e ti- Rd A�c _ L' s {errs Visca Pkwl � P – Ci n h 5, c ¢41, n i x 9 z Viand. ^ Tryon St m '° f� ® Gardens Garcia Rd ernartllno Rd .� Terra Vista i9 ; �' – - own Center � n m h ® Rancoo �/ ; > �U Ofl i]d m Adult Sports — Cornpz Arrow Rii ® 15 Arrow Route m .. _E Heron Blvd North Jersey Rivd Cu[arnonya Whitiram Ave Cucamonga ]133ft 8r14 St '.th St 1127A Elh S: Napa Park IPrvpv W Empire lakes Rochester 7th St Golf Course Erh St Gth 51 Gth 51 = A ' a a O n a - Y 40h Sr f :i Project N Page 363 DATE: August 21, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director Engineering Services/City Engineer Brian Sandona, Senior Civil Engineer SUBJECT: CONSIDERATION OF A SUBLEASE AGREEMENT WITH DAY CREEK SENIOR HOUSING PARTNERS, L.P. A CALIFORNIA LIMITED PARTNERSHIP AND DAY CREEK SENIOR HOUSING PARTNERS 2 L.P. A CALIFORNIA LIMITED PARTNERSHIP FOR ACCESS TO THE PACIFIC ELECTRIC TRAIL RELATED TO THE DAY CREEK VILLAS SENIOR HOUSING DEVELOPMENT (CASE NO. DRC2016-00966). RECOMMENDATION: Staff recommends that the City Council approve the approve the sublease agreement with Day Creek Senior Housing Partners, L.P. and Day Creek Senior Housing Partners 2 L.P. (on file with the City Clerk) and authorize the Mayor to sign said agreement. BACKGROUND: On May 10, 2017, the Planning Commission approved Planning Case No. DRC2016-00966 for a 140 - unit, affordable senior housing development on 4 acres of land at the terminus of Firehouse Court west of Day Creek Boulevard. DRC2016-00814 was approved subject to certain conditions of approval. As a condition of approval, the developer is required to obtain permission from the San Bernardino County Transportation Authority (SBCTA) for the proposed access to the Pacific Electric Trail. The City has a lease over the former Pacific Electric rail right-of-way to construct and operate the Pacific Electric Trail. SBCTA, owner of the right-of-way, has required that permission to access the trail be granted through the City. The developer has provided a sub -lease agreement for consideration. ANALYSIS: The developer, Day Creek Senior Housing Partners, L.P. and Day Creek Senior Housing Partners 2 L.P. has provided a sublease agreement for the construction of a trail access between Day Creek Villas and the Pacific Electric trail. Approval and execution of this agreement will allow the developer to move forward with their project as it was approved by the Planning Commission. FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: Enhancing Premier Community Status in our region through the construction of high quality Page 364 development. Page 365 DATE: TO: FROM: INITIATED BY: SUBJECT August 21, 2019 Mayor and Members of the City Council John R. Gillison, City Manager Jason C. Welday, Director of Engineering Services/City Engineer Fred Lyn, Deputy Director of Engineering/Utilities & Environmental Services CONSIDERATION OF A SMALL CELL LICENSE AGREEMENT WITH CROWN CASTLE FIBER LLC FOR THE PLACEMENT OF SMALL CELL INFRASTRUCTURE ON CITY -OWNED POLES. RECOMMENDATION: Staff recommends that the City Council approve the attached Small Cell License Agreement between Crown Castle Fiber LLC and the City of Rancho Cucamonga and authorize the Mayor to sign the Agreement. BACKGROUND: The City entered into a ten-year Right of Way Use (ROW) Agreement (CO 08-167) with Next G Networks of California (now Crown Castle) on November 19, 2008, which expired on November 19, 2018. On January 28, 2019, the City and Crown Castle LLC signed a Letter of Agreement to continue with the original terms of the ROW Agreement while both parties negotiated a new Small Cell License Agreement. On September 26, 2018, the Federal Communications Commission (FCC) passed new regulations on small cells, limiting the fees that local governments can charge telecommunication companies to $270 per pole site per year. ANALYSIS: Crown Castle Fiber LLC desires to enter into a license agreement with the City to allow for the placement of their small cell equipment within the City right-of-way on City -owned poles. Under this agreement, Crown Castle will continue to maintain their existing equipment on the City's traffic signal poles from the previous City agreement and attach new equipment to existing City -owned streetlights or replace existing street light poles with new street light poles designed to support their equipment. The new small cell license agreement will charge Crown Castle $100 per pole site per year for the first 200 poles. In exchange for the lower attachment fee, Crown Castle is providing the City with an additional benefit in the form of a $340,000 fiber credit which the City will use for leased dark fiber. The $340,000 is calculated by the difference between the approved FCC rate of $270 and a negotiated rate of $100 per pole, which equals to $170. The $170 rate multiplied by 200 poles multiplied by the 10 - year term of the License Agreement ($170 x 200 poles x 10 year) equals the $340,000. The fiber credit may be used immediately by the City and is not contingent on the deployment of a specific number of equipment nodes. Page 366 The City has devised a plan to utilize this fiber credit from Crown Castle in order to: 1) Assist in the management and construction of new conduits and fiber in order to fill in gaps between the City's existing fiber optic backbone network and Crown Castle's existing fiber network in order to connect the remaining four (4) Rancho Cucamonga Fire District Stations (171, 175, 176, 177) that are not currently connected to the City's network via City -owned Fiber; 2) Connect approximately 15 City intersections to the City's network as part of the City's Advanced Traffic Management System (ATMS) project, and; 3) Assist in the monthly lease payment for any new dark fiber circuits with Crown Castle Fiber LLC. in order to connect to the City and/or Fire District sites, as necessary. The City Attorney's office has reviewed the agreement and has approved as to form. FISCAL IMPACT: License Fee compensation and terms are summarized in the table below: mpensation License Fee (up to 4 Radios / Antennas) $100 Per Pole Additional Radios/ Antennas $100 Per Antenna Ground mounted cabinet $200 Per Cabinet Annual License Fee Increase 1.5% Power Cost Reimbursement Up to 75 Watts $4.00 per month $48.00 per year 76 Watts - 149 Watts $8.00 per month $96.00 per year 150 Watts - 225 Watts $12.00 per month $144.00 per year erms Initial Term Renewal Term (up to 1 successive) 10 years 5 years Under this agreement with Crown Castle Fiber LLC, the City can receive up to $20,000 per year for the first 200 small cell site locations. Additionally, under this agreement, Crown Castle has agreed to provide the City with a $340,000 fiber credit which may be used immediately and at the City's discretion during this ten-year agreement. COUNCIL GOAL(S) ADDRESSED: The implementation of the Fiber Optics Master Plan will Enhance the City's position as the Premier Community in our region through an enhanced 21st century infrastructure that is critical for economic development for existing and new businesses as well as residential customers. ATTACHMENTS: Description Attachment 1 - Small Cell License Agreement Page 367 ATTACHMENT 1 SMALL CELL LICENSE AGREEMENT THIS SMALL CELL LICENSE AGREEMENT (the "Agreement") is dated as of , 20 (the "Effective Date"), and entered into by and between the City of Rancho Cucamonga, a municipal corporation of the State of California (the "LICENSOR"), and Crown Castle Fiber LLC ("LICENSEE"). Recitals A. WHEREAS, the LICENSOR is the owner of certain Poles (as defined in § 1. 11, below) located in the Rights -of -Way (as defined in Section 1.13 below) of the City of Rancho Cucamonga; and B. WHEREAS, Crown Castle Fiber LLC is duly organized and existing under the laws of the State of Delaware, and its lawful successors, assigns, and transferees, are authorized to conduct business in the State of California; and C. WHEREAS, LICENSEE desires to use space on certain of the LICENSOR's Poles and/or in the Rights -of -Way for construction, operation and maintenance of its telecommunications Network (as defined in §1.10, below) serving LICENSEE's wireless customers and utilizing Equipment (as defined in §1.6, below), permitted by the Federal Communications Commission ("FCC") and in accordance with FCC rules and regulations; and D. WHEREAS, for the purpose of operating the Network, LICENSEE wishes to locate, place, attach, install, operate, control, and maintain Equipment on the Poles in the Rights -of -Way, owned by the LICENSOR, and on other facilities owned by third parties; and E. WHEREAS, LICENSEE is authorized by the California Public Utilities Commission to occupy the public Rights -of -Way and is willing to compensate the LICENSOR in exchange for a grant and right to use and physically occupy Municipal Facilities located in the the Rights -of -Way. Agreement NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1. DEFINITIONS. The following definitions shall apply generally to the provisions of this Agreement: 1.1 Affiliate. Affiliate means each person or entity which falls into one or more of the following categories: (a) each person or entity having, directly or indirectly, 1 79321265_1 Page 368 a controlling interest in LICENSEE; (b) each person or entity in which LICENSEE has, directly or indirectly, a controlling interest; or (c) each person or entity that, directly or indirectly, is controlled by a third party which also directly or indirectly controls LICENSEE. An "Affiliate" shall in no event mean any creditor of LICENSEE solely by virtue of its status as a creditor and which is not otherwise an Affiliate by reason of owning a controlling interest in, being owned by, or being under common ownership, common management, or common control with, LICENSEE. 1.2 Assignment or Transfer. "Assignment" or "Transfer" means any transaction in which the rights and/or obligations held by LICENSEE under this Agreement or a Supplement are transferred, directly or indirectly, to a party other than an Affiliate. An "Assignment" shall not include a mortgage, pledge or other encumbrance as security for money owed. 1.3 City. "City" means the City of Rancho Cucamonga, a municipality under the laws of the State of California. 1.4 Commence Installation. "Commence Installation" shall mean the date that LICENSEE commences to install its Equipment, or any expansion thereof, in LICENSOR ROW. 1.5 Commence Operation. "Commence Operation" shall mean the date that Equipment is installed and operational by LICENSEE pursuant to this Agreement. 1.6 Equipment. "Equipment" means the equipment cabinets, antennas, utilities and fiber optic cables, wires, and related equipment, whether referred to singly or collectively, to be installed and operated by LICENSEE under a particular Supplement and that comprise a Small Cell installation. 1.7 Information service. "Information service" means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information and content via telecommunications, and includes electronic publishing, as the same may evolve over time. 1.8 Laws. "Laws" means any and all applicable statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements of the LICENSOR or other governmental agency having joint or several jurisdiction over the parties to this Agreement as such laws may be amended from time to time. 1.9 Municipal Facilities. "Municipal Facilities" means LICENSOR -owned Poles, lighting fixtures, or electroliers located within the ROW and may refer to such facilities in the singular or plural, as appropriate to the context in which used. 79321265_1 Page 369 1.10 Network. "Network" or collectively "Networks" means the telecommunication network operated by LICENSEE to serve its customers. 1.11 Poles. "Poles" shall mean any street lighting, banner, or other pole(s) that are owned and/or leased by the LICENSOR, but Poles shall exclude traffic control poles. 1.12 PUC. "PUC" means the California Public Utilities Commission. 1.13 Rights -of -Way. "Rights -of -Way" or "ROW" means public property including air space, dedicated, granted, held, prescriptively used, or authorized by patent of the United States of America, for LICENSOR public street and public utility purposes, except as limited by any underlying grant, including rights-of-way granted by the United States Bureau of Land Management, United States Bureau of Reclamation or the California Department of Transportation. 1.14 Small Cell. "Small Cell" shall mean the Equipment at a particular location that comprises part of the Network, provided however, without waiver of rights by any party, the space for the equipment cabinets shall not exceed 17 cubic feet, and the space for each antenna shall not exceed 3 cubic feet (or 6 cubic feet in total). 1.15 Supplement. "Supplement" shall mean each separate agreement, entered into between the LICENSOR and LICENSEE with regard to a specific Small Cell installation, the form of which is attached hereto as Exhibit A, which shall be subject to the terms and conditions of this Agreement. 1.16 Telecommunications Services. "Telecommunications Services" or "Services" has the same meaning as that term is defined in the United States Code, 47 U.S.C. 153 (53) or any other use authorized by and licensed to LICENSEE by the FCC. 2. TERM. 2.1 The initial term of this Agreement shall be for a period of ten (10) years (the "Initial Term"), commencing on the first day of the month following mutual execution of this Agreement (the "Agreement Commencement Date") and ending on the tenth anniversary thereof, unless sooner terminated as stated herein. This Agreement shall be automatically renewed for up to one (1) five (5) year renewal term (each, a "Renewal Term"), unless LICENSEE or LICENSOR notifies the the other party in writing of such parties intent not to renew this Agreement at least ninety (90) days prior to the expiration of the Initial Term or any Renewal Term. The Initial Term and all Renewal Terms shall be collectively referred to herein as the "Term." However, after the expiration of this Agreement, its term and conditions shall survive and govern with respect to any remaining Supplements in effect until their expiration. 79321265_1 Page 370 2.2. The initial term for each particular Supplement shall be the first day of the month following the date LICENSEE has Commenced Operationof its Equipment at a particular location under a Supplement (the "Commencement Date") and shall be for an initial term of ten (10) years ("Supplement Initial Term"). LICENSOR and LICENSEE shall acknowledge in writing the Commencement Date (the "Acknowledgment"). Each Supplement shall automatically be extended for one (1) five (5) year renewal term (each, a "Supplement Renewal Term") unless LICENSEE notifies the LICENSOR in writing of LICENSEE's intent not to renew the Supplement at least thirty (30) days prior to the expiration of the then current term. The Supplement Initial Term and all Supplement Renewal Terms shall be collectively referred to herein as the "Supplement Term." Notwithstanding anything herein, after the expiration of this Agreement, its terms and conditions shall survive and govern with respect to any remaining Supplement in effect until their expiration or termination. 3. REPRESENTATION CONCERNING SERVICES; TERMINATION WITHOUT CAUSE. At any time that LICENSEE ceases to operate as a provider of Telecommunications Services under Federal law, the LICENSOR shall have the option, in its sole discretion and upon six months' written notice to LICENSEE, to terminate this Agreement and to require the removal of LICENSEE's Equipment from the ROW and from Municipal Facilities, including the cost of any site remediation, excepting ordinary wear and tear, at no cost to the LICENSOR, without any liability to LICENSEE related directly or indirectly to such termination. 4. SCOPE OF AGREEMENT. Any and all rights expressly granted to LICENSEE under this Agreement, which shall be exercised at LICENSEE's sole cost and expense, shall be subject to the prior and continuing right of the LICENSOR under applicable Laws to use any and all parts of the ROW exclusively or concurrently with any other person or entity and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the ROW as of the date of the individual Supplement. 4.1 Attachment to Municipal Facilities. LICENSEE will submit to the authorized representative of the LICENSOR a proposed design for any proposed Small Cell installations that will include Equipment and Municipal Facilities LICENSEE proposes to use. The proposed design shall include any site improvements that may be required. (i.e. concrete sidewalks, curbs, foliage, etc.). Where new Poles are placed, the sidewalk must be reconstructed to ADA standards if required by the ADA. Any approved Equipment shall be included as part of an applicable Supplement. 4.1.1 If adequate Municipal Facilities do not exist for the attachment of Equipment, LICENSEE may install, with LICENSOR consent (which consent shall not be unreasonably withheld, conditioned or delayed), its Equipment on other poles in the ROW lawfully owned and operated by third parties or on its own poles. 2 79321265_1 Page 371 4.1.2 Subject to the conditions herein and the conditions of all required permits, upon execution of Supplement and issuance of all required permits, the LICENSOR hereby authorizes and permits LICENSEE to enter upon the ROW and to locate, place, attach, install, operate, maintain, control, remove, reattach, reinstall, relocate, and replace Equipment in or on identified Municipal Facilities and in the ROW for the purposes of operating the Network and providing Telecommunications Services. 4.1.3 To reduce the disruption to Municipal Facilities and at no cost to the LICENSOR, upon determination from a licensed electrical engineer and the power utility company having jurisdiction that the existing electrical service, cables, conduit, and associated equipment are adequate, LICENSEE may, at the discretion of the LICENSOR, power its Equipment by using the power sources that service the existing Pole structure and its components. The power used by LICENSEE's Equipment shall be determined on an individual site by site basis. All electrical work and installations related to the power sharing authorized by this Subsection 4.1.3 shall be performed by a licensed contractor that is reasonably approved by the LICENSOR and in a manner that is approved by the LICENSOR. LICENSEE shall make all requests for power sharing arrangements pursuant to this Subsection 4.1.3 in advance and in writing. LICENSEE shall reimburse the LICENSOR, as provided in Subsection 5.4, for the increased power costs that the LICENSOR incurs as a result of any power sharing authorized by this Subsection 4.1.3. If the existing system is not adequate, all electrical improvements shall be made by LICENSEE at no cost to the LICENSOR. 4.1.4 A denial of an application for the attachment of Equipment to Municipal Facilities shall not be based upon the size, quantity, shape, color, weight, configuration, or other physical properties of LICENSEE's Equipment, except that Equipment must conform as closely as practicable with the design and color of the Municipal Facility. LICENSEE shall confirm that the weight and configuration of the proposed Equipment does not impose exess forces on the existing Municipal Facility beyond that which it has been design for. Wind, seismic and structural calculations may be required by the LICENSOR upon request to LICENSEE. 4.1.5 If LICENSEE selects a Pole that is structurally inadequate to accommodate Equipment, LICENSEE may at its sole cost and expense replace the Pole (a "Replacement Pole") with one that is acceptable to and approved by the LICENSOR, or alternatively, if requested by LICENSEE, LICENSOR shall replace the Pole with the Replacement Pole at LICENSEE's cost (which shall be first be approved by LICENSEE). LICENSEE shall dedicate such Replacement Pole to the LICENSOR. In the event a Replacement Pole is provided, LICENSEE shall provide a spare 5 79321265_1 Page 372 pole for storage by LICENSOR in its yard free of charge. In the event the Replacement Pole needs to be replaced, City will immediately replace the damaged Replacement Pole with the spare pole at LICENSEE's cost (which shall be limited to LICENSOR's actual and reasonable out of pocket costs), and LICENSEE shall replace the spare pole within one hundred twenty (120) days. 4.1.6 In the event of an emergency or to protect the public health or safety, prior to the LICENSOR accessing or performing any work on a Municipal Facility on which LICENSEE has installed Equipment, the LICENSOR may require LICENSEE to deactivate such Equipment if any of LICENSOR's employees or agents must move closer to the Equipment than the recommended one foot minimum distance. In such case, LICENSOR will contact LICENSEE at the contact telephone number referenced in § 14.3 herein to request immediate deactivation. 4.2 Attachment to Third -Party Property. Subject to LICENSEE obtaining the written permission of the owner(s) of the affected property and all required government permits and approvals, the LICENSOR hereby authorizes and permits LICENSEE to enter upon the ROW and to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace such number of Equipment in or on poles or other structures lawfully owned and operated by public utility companies or other property owners located within or outside the ROW as may be permitted by the public utility company or property owner, as the case may be. LICENSEE shall furnish to the LICENSOR documentation in a form reasonably acceptable to the LICENSOR of such permission from the individual utility or property owner responsible. A denial of an application for the attachment of Equipment to third -party -owned poles or structures, or installation of LICENSEE's own poles, in the ROW shall not be based upon the size, quantity, shape, color, weight, configuration, or other physical properties of LICENSEE's Equipment, except that Equipment must conform as closely as practicable with the design and color of existing poles in the vicinity of LICENSEE's Equipment and/or pole location. 4.3 Preference for Municipal Facilities. In any situation where LICENSEE has a choice of attaching its Equipment to either Municipal Facilities or third -party - owned property in the ROW, LICENSEE shall use good faith efforts to attach to the Municipal Facilities, provided that (a) such Municipal Facilities are at least equally suitable functionally for the operation of the Network and (b) the use fee, construction and installation costs associated with such attachment over the length of the term are equal to or less than the fee or cost to LICENSEE of attaching to the alternative third -party -owned property. In the event that no suitable Municipal Facilities or third -party -owned poles are functionally suitable, LICENSEE may, at its sole cost and expense, install its own poles. Design, location and height of proposed LICENSEE poles shall be reviewed and subject to administrative approval by the LICENSOR prior to installation, which approval shall not be Con 79321265_1 Page 373 unreasonably withheld, conditioned, or delayed. LICENSEE's Equipment and poles must conform as closely as practicable with the design and color of poles existing in the vicinity of LICENSEE's Equipment or pole location. Subject to the terms and conditions of this Agreement and the applicable Supplement, LICENSEE will be responsible for all maintenance, repair and liability for all poles installed by LICENSEE in the ROW. 4.4 No Interference. LICENSEE in the performance and exercise of its rights and obligations under this Agreement shall not interfere in any manner with the existence and operation of any and all public and private rights-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, traffic signals, communication facilities owned by the LICENSOR, electroliers, cable television, location monitoring services, public safety and other then existing telecommunications equipment, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable Laws or this Agreement. However, the LICENSOR agrees that the LICENSOR and/or any other tenants, licensees, or users of the ROW who currently have or in the future take possession of space within the ROW within three hundred feet (300') of any LICENSEE Small Cells will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LICENSEE. If LICENSOR wants to install equipment in the vicinity of a Small Cell, commercially reasonable efforts shall be made by the LICENSOR and LICENSEE to accommodate such equipment. LICENSOR may deny permits for any proposed Small Cell based on location of LICENSOR equipment. 4.5 Permits; Default. Whenever LICENSEE is in default of this Agreement or an applicable Supplement, after notice and applicable cure periods, in any of its obligations under this Agreement, the LICENSOR may deny further encroachment, excavation or similar permits under this Agreement until such time as LICENSEE cures all of its defaults. 4.6 Compliance with Laws. LICENSEE shall comply with all applicable laws, including but not limited to any and all government approvals and permit requirements, in the exercise and performance of its rights and obligations under this Agreement. 4.7 No Authorization to Provide Other Services. LICENSEE represents, warrants and covenants that its Equipment installed pursuant to this Agreement and each Supplement will be utilized solely for providing the Telecommunications Services identified herein and any Information Services that may be provided over the Network, and LICENSEE is not authorized to and shall not use its Equipment to offer or provide any other services not specified herein. 7 79321265_1 Page 374 4.8 Nonexclusive Use Rights. Notwithstanding any other provision of this Agreement, any and all rights expressly or impliedly granted to LICENSEE under this Agreement shall be non-exclusive, and shall be subject and subordinate to (1) the continuing right of the LICENSOR to use, and to allow any other person or persons to use, any and all parts of the ROW or Municipal Facilities, exclusively or concurrently with any other person or persons, and (2) the public easement for streets and any and all other deeds, easements, dedications, conditions, covenants, restrictions, encumbrances and claims of title (collectively, "Encumbrances") which may affect the ROW or Municipal Facilities now or at any time during the term of this Agreement, including, without limitation any Encumbrances granted, created or allowed by the LICENSOR at any time. 5. COMPENSATION. LICENSEE shall be solely responsible for the payment of all lawful fees in connection with LICENSEE's performance under this Agreement, including those set forth below. 5.1 License Fee. In order to compensate the LICENSOR for LICENSEE's entry upon and deployment of Equipment on any Municipal Facilities, LICENSEE shall at the commencement of each Supplement Term, pay to the LICENSOR, on an annual basis, an amount equal to: (i) "License Fee equal to One Hundred and 00/100 Dollars ($100.00) per Pole for any combination of Remote Radios and cantenna/antenna units not to exceed four (4) total, a pole mount electrical disconnect switch, all internal and external power, fiber and/or coaxial cabling, all required hand holes, and a power connection (utility meter at grade or pole mount, or tap to lighting circuit.) (ii) Additional License Fee equal to One Hundred and 00/100 Dollars ($100.00) for any additional Small Cell added on one Pole. (iii) Additional License Fee equal to Two Hundred and 00/100 Dollars ($200.00) for any ground mounted equipment cabinet (over 28 cubic feet and not to exceed 50 cubic feet in volume) in the ROW in connection with any Pole. The "Total License Fee", consisting of the total of the License Fee plus any and all Additional License Fee, shall be subject to adjustment as provided in Subsection 5.2 below. LICENSEE shall make the first payment of the Total License Fee under any Supplement within sixty (60) days of the full execution of the Acknowledgment. Thereafter, the Total License Fee shall be paid on or before each anniversary of the Commencement Date during the Supplement Term. N. 79321265_1 Page 375 5.2 License Fee Adjustment. Effective on the first anniversary of the Commencement Date of any Supplement Term, and continuing annually thereafter during the applicable Supplement Term, the Total License Fee for the then existing Supplement shall be increased by one and a half percent (1.5%) over the Total License Fee paid for the immediately preceding year. LICENSOR and LICENSEE enter this Agreement fully reserving all rights pursuant to applicable state and federal laws and regulations. LICENSOR expressly reserves the right to charge market rate for wireless providers', including LICENSEE'S, use of LICENSOR's infrastructure in the ROW as those rights existed prior to the Federal Communications Commission's Declaratory Ruling and Third Report and Order, FCC 18-133, released September 27, 2018 ("Report and Order"), becoming effective. Therefore, in the event the Report and Order is invalidated or enforcement thereof is permanently stayed by any final court decision, or is legislatively preempted in any way that would have materially affected this Agreement had it been entered prior to the Report and Order becoming effective, then the Parties shall amend this Agreement to comply with such changes in law. At such time and to the extent permissible under applicable law, LICENSOR shall no longer be limited by the Report and Order as to the Total License Fee amount set forth in Section 5.1 that it may charge. In such event, the LICENSOR may give LICENSEE not less than ninety (90) days' prior written notice that it intends to renegotiate the Total License Fee based on market rates. If new rates are not agreed upon within ninety (90) days of the date of such notice, then either party may terminate this Agreement upon not less than ninety (90) days prior, written notice. In the event LICENSOR notifies LICENSEE in accordance with this Section 5.2 of an intent to renegotiate the License Fee and/or Total License Fee, and the parties renegotiate and mutually agree upon a new License Fee and/or Total License Fee, no such fee shall be applied retroactively. 5.3 Credit for Fiber Services (a) Under the terms of this Agreement, LICENSEE grants to LICENSOR a credit in the amount of three hundred and forty thousand dollars ($340,000), which may be used to offset the cost of Crown Castle Fiber Services ("Fiber Credit") at locations to be determined at the discretion of LICENSEE. This Fiber Credit may be modified by the mutual written consent of both parties. (b) The Fiber Credit shall remain in force as an offset against any future fees and shall be a valid credit for Crown Castle Fiber Service so long as this Agreement remains in effect. However, the Fiber Credit shall automatically lapse if, pursuant to Section 5.2 above, the LICENSOR AND LICENSEE renegotiate and mutually agree upon a new License Fee and/or Total License Fee that exceeds the FCC presumptively reasonable rates effective at the time of this Agreement's execution. I 79321265_1 Page 376 In the event of any termination of the Agreement, the Parties agree to conduct a true -up accounting of the Fiber Credit. 5.4 Reimbursement of LICENSOR's Increased Power Costs. If applicable, reimbursement to the LICENSOR for LICENSEE's usage of electrical power shall be based upon the plate rating of the Equipment installed pursuant to this Agreement and the initial rates shall be as follows: Maximum Plate Category Rating (Watts) 1 Up to 75 2 76-149 3 150-225 Monthly Rate Per Pole $ 4.00 $ 8.00 $12.00 Annual Rate Per Pole $ 48.00 $ 96.00 $ 144.00 The reimbursement of power shall be paid to the LICENSOR on a calendar basis and shall be based upon the number of poles that LICENSEE has installed its Equipment on January 1St of each year and that are using the LICENSOR's electric power times the applicable rate as indicated in this Section. The applicable rates charged by this subsection, as the same may be adjusted in the following sentence, shall not exceed the applicable rates for LICENSEE's permitted use as approved by the LICENSOR. The LICENSOR may increase the power fee charged by this subsection if the applicable rate as approved by the LICENSOR is greater than the rate provided for in this subsection by 25% or more. Any such change in rates shall take effect on January 1 st of each year. 5.5 Payment. The Total License Fee and Power Cost Fee shall be paid by check made payable to the City of Rancho Cucamonga and mailed or delivered to the the City Engineer, at the address provided for in Section 10 below. The place and time of payment may be changed at any time by LICENSOR upon 30 days' written notice to LICENSEE. Mailed payments shall be deemed paid upon the date such payment is officially postmarked by the United States Postal Service. If postmarks are illegible to read, the payment shall be deemed paid upon actual receipt. LICENSEE assumes all risk of loss and responsibility for late payment charges if payments are made by mail. Notwithstanding the foregoing, upon agreement of the parties, LICENSEE may pay the Total License Fee and Power Cost Fee by electronic funds transfer and in such event, the LICENSOR agrees to provide to LICENSEE bank routing information for such purpose upon request of LICENSEE. 5.6 Delinquent Payment. If LICENSEE fails to pay any amounts due pursuant to this Agreement within 45 days from the due date, LICENSEE will pay, in addition to the unpaid fees, a sum of money equal to two percent (2%) of the amount 10 79321265_1 Page 377 due, including penalties and accrued interest, for each month and/or fraction thereof during which the payment is due and unpaid. 5.7 Additional Remedies. The remedy provisions set forth in §5.6 above are not exclusive, and do not preclude the LICENSOR from pursuing any other or additional remedy in the event that payments become overdue by more than 60 days. 6. CONSTRUCTION. LICENSEE shall comply with all applicable Federal, State, and local codes related to the construction, installation, operation, maintenance, and control of LICENSEE's Equipment installed in the ROW and on Municipal Facilities. Except as otherwise provided herein, LICENSEE shall not attach, install, maintain, or operate any Equipment in or on the ROW and/or on Municipal Facilities without the prior written approval of an authorized representative of the LICENSOR for each location. 6.1 Commencement of Installation and Operation. LICENSEE shall Commence Installation of its initial Small Cell approved by the LICENSOR no later than two (2) years after the mutual execution of an applicable Supplement, and shall Commence Operation no later than six (6) months after LICENSEE Commences Installation, which such dates delayed for due to any force majeure event. Failure of LICENSEE to Commence Installation or Commence Operation of the applicable Small Cell as provided above shall permit LICENSOR to terminate the affected Supplement upon thirty (30) days notice to LICENSEE unless within such thirty (30) day period, LICENSEE shall Commence Installation or Commence Operation, as applicable. Notwithstanding the foregoing, LICENSEE's obligations under this §6.1 shall be conditioned upon LICENSEE's completion of its due diligence with regard to a particular Small Cell. 6.2 Obtaining Required Permits. The attachment, installation, or location of the Equipment in the ROW may require governmental permits. LICENSEE shall apply for the appropriate permits and pay any standard and customary permit fees. LICENSOR shall promptly respond to LICENSEE's requests for permits and shall otherwise cooperate with LICENSEE in facilitating the deployment of the Network in the ROW in a reasonable and timely manner. 6.3 Relocation and Displacement of Equipment. LICENSEE understands and acknowledges that LICENSOR may require LICENSEE to relocate one or more of its Equipment installations. LICENSEE shall at LICENSOR's direction and upon one hundred fifty (15 0) days prior written notice to LICENSEE, relocate such Equipment at LICENSEE's sole cost and expense whenever LICENSOR reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, modification, completion, repair, relocation, or maintenance of a LICENSOR or other public agency project; (b) because the Equipment is interfering with or adversely affecting proper operation of LICENSOR -owned Poles, traffic signals, communications, or other Municipal Facilities; or (c) to protect or preserve the public health or safety. In any 11 79321265_1 Page 378 such case, LICENSOR shall use reasonable efforts to afford LICENSEE a reasonably equivalent alternate location. If LICENSEE shall fail to relocate any Equipment as requested by the LICENSOR in accordance with the foregoing provision, LICENSOR shall be entitled to remove or relocate the Equipment at LICENSEE's sole cost and expense, without further notice to LICENSEE. LICENSEE shall pay to the LICENSOR actual and reasonable costs and expenses incurred by the LICENSOR in performing any removal work and any storage of LICENSEE's property after removal within thirty (30) days of the date of a written demand for this payment from the LICENSOR. To the extent the LICENSOR has actual knowledge thereof, the LICENSOR will attempt promptly to inform LICENSEE of the displacement or removal of any Pole on which any Equipment is located. If the Municipal Facility is damaged or downed for any reason, and as a result is not able to safely hold the Equipment, the LICENSOR will have no obligation to repair or replace such Municipal Facility for the use of LICENSEE's Equipment. LICENSEE shall bear all risk of loss as a result of damaged or downed Municipal Facilities pursuant to §6.8 below, and may choose to replace such Municipal Facilities pursuant to the provisions of §4.1.5 above. 6.4 Relocations at LICENSEE's Request. In the event LICENSEE desires to relocate any Equipment from one Municipal Facility to another, LICENSEE shall so advise LICENSOR. LICENSOR will use reasonable efforts to accommodate LICENSEE by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Agreement. 6.5 Damages Caused by LICENSEE. LICENSEE shall, at its sole cost and expense and to the reasonable satisfaction of the LICENSOR: (a) remove, repair or replace any of its Equipment that is damaged or becomes detached; and/or (b) repair any damage to ROW, Municipal Facilities or other property, whether public or private, caused by LICENSEE, its agents, employees or contractors in their actions relating to attachment, operation, repair or maintenance of Equipment. If LICENSEE does not remove, repair or replace such damage to its Equipment or to ROW, Municipal Facilities or other property, the LICENSOR shall have the option, upon 30 days' prior written notice to LICENSEE, to perform or cause to be performed such removal, repair, or replacement on behalf of LICENSEE and shall charge LICENSEE for the actual and reasonable costs incurred by the LICENSOR. If such damage causes a public health or safety emergency, as reasonably determined by the LICENSOR, the LICENSOR may immediately perform reasonable and necessary repair or removal work on behalf of LICENSEE and will notify LICENSEE as soon as practicable; provided, such repair work may only involve reattachment of LICENSEE's Equipment to a Pole or repair of the Pole itself, and shall not include any technical work on LICENSEE's Equipment. Upon the receipt of a demand for payment by the LICENSOR, LICENSEE shall within 30 days of such receipt reimburse the LICENSOR for such costs. The terms of this provision shall survive the expiration, completion or earlier termination of this Agreement. 12 79321265_1 Page 379 6.6 Change in Equipment. If LICENSEE proposes to install Equipment which is different in any material way from the then -existing and approved Equipment, then LICENSEE shall first obtain the written approval for the use and installation of the unauthorized Equipment from an authorized representative of the LICENSOR, which approval shall not be unreasonably withheld, conditioned or delayed. In addition to any other submittal requirements, and if requested by LICENSOR, LICENSEE shall provide "load" (structural) calculations for all Poles upon which it intends to install Equipment in the ROW, notwithstanding original installation or by way of Equipment type changes. Notwithstanding the foregoing, LICENSEE may modify its Equipment with like -kind or similar Equipment without prior written approval of the LICENSOR. 6.7 Termination of a Supplement. LICENSEE shall have the right to terminate any Supplement on thirty (30) days notice to LICENSOR. In the event of such termination, LICENSEE shall remove its Equipment in accordance with §6.8 below and LICENSOR shall retain any Total License Fee paid to such date. 6.8 Removal of Equipment. Within 120 days after the expiration or earlier termination of a Supplement, LICENSEE shall promptly, safely and carefully remove the Equipment from all Municipal Facilities and ROW. Such obligation of LICENSEE shall survive the expiration or earlier termination of this Agreement. If LICENSEE fails to complete this removal work pursuant to this Section, then the LICENSOR, upon written notice to LICENSEE, shall have the right at the LICENSOR's sole election, but not the obligation, to perform this removal work and charge LICENSEE for the actual and reasonable costs and expenses, including, without limitation, reasonable administrative costs. LICENSEE shall pay to the LICENSOR actual and reasonable costs and expenses incurred by the LICENSOR in performing any removal work and any storage of LICENSEE's property after removal within thirty days of the date of a written demand for this payment from the LICENSOR. After the LICENSOR receives the reimbursement payment from LICENSEE for the removal work performed by the LICENSOR, the LICENSOR shall promptly make available to LICENSEE the property belonging to LICENSEE and removed by the LICENSOR pursuant to this Section at no liability to the LICENSOR. If the LICENSOR does not receive reimbursement payment from LICENSEE within such thirty days, or if LICENSOR does not elect to remove such items at the LICENSOR's cost after LICENSEE's failure to so remove pursuant to this Section, or if LICENSEE does not remove LICENSEE's property within 30 days of such property having been made available by the LICENSOR after LICENSEE's payment of removal reimbursement as described above, any items of LICENSEE's property remaining on or about the ROW, Municipal Facilities, or stored by the LICENSOR after the LICENSOR's removal thereof may, at the LICENSOR's option, be deemed abandoned and the LICENSOR may dispose of such property in any manner permitted by Law. Alternatively, the LICENSOR may elect to take title to abandoned property, provided that LICENSEE shall submit to the LICENSOR an instrument satisfactory to the LICENSOR transferring to the 13 79321265_1 Page 380 LICENSOR the ownership of such property. The provisions of this Section shall survive the expiration or earlier termination of this Agreement. 6.9 Risk of Loss. LICENSEE acknowledges and agrees that LICENSEE, subject to the terms of this Agreement bears all risks of loss or damage or relocation or replacement of its Equipment and materials installed in the ROW or on Municipal Facilities pursuant to this Agreement from any cause, and the LICENSOR shall not be liable for any cost of replacement or of repair to damaged Equipment, including, without limitation, damage caused by the LICENSOR's removal of the Equipment, except to the extent that such loss or damage was caused by the willful misconduct or negligence of the LICENSOR, including, without limitation, each of its elected officials, department directors, managers, officers, agents, employees, and contractors, subject to the limitation of liability provided in §7.2 below. 6.10 Access. Prior to LICENSEE accessing its Equipment for non -emergency purposes at any time, LICENSEE shall provide no less than 48 hours telephonic notice to the Engineering Services Department. In the event of an emergency at any time, LICENSEE will, if time permits, attempt to provide prior telephonic notice to the Engineering Services Department. In the event LICENSEE is unable to provide such notice, LICENSEE will notify the Engineering Services Department following such access. 7. INDEMNIFICATION AND WAIVER. LICENSEE agrees to indemnify, defend, protect, and hold harmless the LICENSOR, its elected and appointed officials, officers, and employees from and against any and all claims, demands, losses, including Pole warranty invalidation, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses") directly or proximately resulting from LICENSEE's activities undertaken pursuant to this Agreement, except to the extent arising from or caused by the negligence or willful misconduct of the LICENSOR, its elected and appointed officials, officers, employees, agents, or contractors. LICENSEE'S obligations under this section 7 shall survive the termination or expiration of this Agreement and any supplement to this Agreement. 7.1 Waiver of Claims. LICENSEE waives any and all claims, demands, causes of action, and rights it may assert against the LICENSOR on account of any loss, damage, or injury to any Equipment or any loss or degradation of the Telecommunications Services or Information Service as a result of any event or occurrence which is beyond the reasonable control of the LICENSOR. 7.2 Waiver of Subrogation. The parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to Municipal Facilities, Small Cell or to the ROW, resulting from any fire, or other casualty of the kind covered by standard fire insurance 14 79321265_1 Page 381 policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the parties, or either of them. These waivers and releases shall apply between the parties and they shall also apply to any claims under or through either party as a result of any asserted right of subrogation. All such policies of insurance obtained by either party concerning the Municipal Facilities, Small Cell or the ROW shall waive the insurer's right of subrogation against the other party. 7.3 Limitation on Consequential Damages. Neither party shall be liable to the other, or any of their respective officials, officers, agents, representatives, or employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise LICENSOR shall be liable only for the cost of repairs of damages to Equipment arising from the negligence or willful misconduct of the Jurisdiction, its agents, or employees. 8. INTENTIONALLY OMMITTED. 9. INSURANCE. LICENSEE shall obtain and maintain at all times during the term of this Agreement Commercial General Liability insurance with a limit of $1,000,000 per occurrence for bodily injury and property damage and $2,000,000 general aggregate including premises -operations, contractual liability, personal injury and products completed operations; and Commercial Automobile Liability insurance covering all owned non -owned and hired vehicles with a limit of $1,000,000 each accident for bodily injury and property damage. The Commercial General Liability insurance policy shall name the LICENSOR, its elected and appointed officials, officers, and employees as additional insured as respects any covered liability arising out of LICENSEE's performance of work under this Agreement. Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. Upon receipt of notice from its insurer LICENSEE shall use its best efforts to provide the LICENSOR with thirty (30) days prior written notice of cancellation. LICENSEE shall be responsible for notifying the LICENSOR of such change or cancellation. 9.1 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Agreement, LICENSEE shall file with the LICENSOR the required certificate(s) of insurance with blanket additional insured endorsements, which shall state the following: (a) the policy number; name of insurance company; name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts; (b) that LICENSEE's Commercial General Liability insurance policy is primary as respects any other valid or collectible insurance that the 15 79321265_1 Page 382 LICENSOR may possess, including any self-insured retentions the LICENSOR may have; and any other insurance the LICENSOR does possess shall be considered excess insurance only and shall not be required to contribute with this insurance; and (c) that LICENSEE's Commercial General Liability insurance policy waives any right of recovery the insurance company may have against the LICENSOR. The certificate(s) of insurance with endorsements and notices shall be mailed to the LICENSOR at the address specified in § 10 below. 9.2 Workers' Compensation Insurance. LICENSEE shall obtain and maintain at all times during the term of this Agreement statutory workers' compensation and employer's liability insurance in an amount not less than One Million Dollars ($1,000,000) and shall furnish the LICENSOR with a certificate showing proof of such coverage. 9.3 Insurer Criteria. Any insurance provider of LICENSEE shall be admitted and authorized to do business in the State of California and shall carry a minimum rating assigned by A.M. Best & Company's Key Rating Guide of "A" Overall and a Financial Size Category of "VII." 9.4 Severability of Interest. "Severability of interest" or "separation of insureds" clauses shall be made a part of the Commercial General Liability and Commercial Automobile Liability policies. 10. NOTICES. 10.1 Method and Delivery of Notices. All notices which shall or may be given pursuant to this Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; or (b) by means of prepaid overnight delivery service, addressed as follows: if to the LICENSOR: City of Rancho Cucamonga City Hall 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: RCMU if to LICENSEE: Crown Castle Fiber, LLC 16 79321265_1 Page 383 c/o Crown Castle 2000 Corporate Drive Canonsburg, PA 15317 Attn: Ken Simon, General Counsel With a copy to: Crown Castle Fiber LLC c/o Crown Castle 2000 Corporate Drive Canonsburg, PA 15317 Attn: SCN Contracts Management 10.2 Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in the case of personal delivery, three days after deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. 11. DEFAULT; CURE; REMEDIES; LIQUIDATED DAMAGES. 11.1 Licensee Default and Notification. This Agreement is granted upon each and every condition herein and each of the conditions is a material and essential condition to the granting of this Agreement. Except for causes beyond the reasonable control of LICENSEE, if LICENSEE fails to comply with any of the conditions and obligations imposed hereunder, and if such failure continues for more than 30 days after written demand from the LICENSOR to commence the correction of such noncompliance on the part of LICENSEE, the LICENSOR shall have the right to revoke and terminate this Agreement, if such failure is in relation to the Agreement as whole, or any individual Supplement, if such failure is in connection solely with such Supplement, in addition to any other rights or remedies set forth in this Agreement or provided by law. 11.2 Cure Period. If the nature of the violation is such that it cannot be fully cured within 30 days due to circumstances not under LICENSEE's control, the period of time in which LICENSEE must cure the violation shall be extended for such additional time reasonably necessary to complete the cure, provided that: (a) LICENSEE has promptly begun to cure; and (b) LICENSEE is diligently pursuing its efforts to cure. The LICENSOR may not maintain any action or effect any remedies for default against LICENSEE unless and until LICENSEE has failed to cure the breach within the time periods provided in these Sections 11.1 and 11.2. 11.3 Licensor Default. If LICENSOR breaches any covenant or obligation of LICENSOR under this Agreement in any manner and if LICENSOR fails to commence to cure such breach within thirty (30) days after receiving written notice from LICENSOR specifying the violation (or if LICENSOR fails thereafter to 17 79321265_1 Page 384 diligently prosecute the cure to completion), then LICENSEE may enforce any and all of its rights and/or remedies provided under this Agreement or by law or it may (although it shall not be obligated to) cure LICENSOR's breach and/or perform LICENSOR's obligations (on LICENSOR's behalf and at LICENSOR's expense). 12. ASSIGNMENT. This Agreement shall not be assigned by LICENSEE without the express written consent of the LICENSOR, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and obligations of LICENSEE to LICENSEE's financially viable parent, subsidiary, successor, or affiliate under common control shall not require consent and shall be effective upon written notice to Jurisdiction. This Agreement is binding upon the successors and assigns of the Parties. 13. RECORDS; AUDITS. 13.1 Records Required by Code. LICENSEE will maintain complete records pursuant to all applicable Laws. 13.2 Additional Records. The LICENSOR may require such additional reasonable non -confidential information, records, and documents from LICENSEE from time to time as are appropriate in order to reasonably monitor compliance with the terms of this Agreement. 13.3 Production of Records. LICENSEE shall provide such records within twenty (20) business days of a request by the LICENSOR for production of the same unless additional time is reasonably needed by LICENSEE, in which case, LICENSEE shall have such reasonable time as needed for the production of the same. If any person other than LICENSEE maintains records on LICENSEE's behalf, LICENSEE shall be responsible for making such records available to the LICENSOR for auditing purposes pursuant to this Section. 14. MISCELLANEOUS PROVISIONS. The provisions that follow shall apply generally to the obligations of the parties under this Agreement. 14.1 Waiver of Breach. The waiver by either party of any breach or violation of any provision of this Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Agreement. 1. 14.2 Severability of Provisions. If any section, subsection, sentence, clause or portion of this Agreement becomes for any reason invalid or if any such portion of this Agreement is rendered unconstitutional by any court of competent jurisdiction, or is superseded by other lawful authority including any state or federal, legislative, regulatory or administrative authority having jurisdiction thereof, such portion shall be deemed 79321265_1 Page 385 a separate, distinct, and independent provision and such holding shall not affect the validity or constitutionality of the remaining portion thereof. 14.3 Contacting LICENSEE. LICENSEE shall be available to the staff employees of any LICENSOR department having jurisdiction over LICENSEE's activities 24 hours a day, seven days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Equipment. The LICENSOR may contact by telephone the network control center operator at telephone number (888) 632-0931 regarding such problems or complaints. 14.4 Governing Law; Jurisdiction. This Agreement shall be governed and construed by and in accordance with the laws of the State of California, without reference to its conflicts of law principles. If suit is brought by a party to this Agreement, the parties agree that trial of such action shall be vested exclusively in the state or federal courts having jurisdiction in the County of San Bernardino. 14.5 Attorneys' Fees. Should any dispute arising out of this Agreement lead to litigation, the prevailing party shall be entitled to recover its costs of suit, including (without limitation) reasonable attorneys' fees. 14.6 Consent Criteria. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay, condition, or withhold its approval or consent. 14.7 Representations and Warranties. Each of the parties to this Agreement represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform the party's respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith, except as provided in § 4.2 above. This Agreement shall not be revocable or terminable except as expressly permitted herein. 14.8 Amendment of Agreement. This Agreement may not be amended except pursuant to a written instrument signed by both parties. 14.9 Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein. In witness whereof, and in order to bind themselves legally to the terms and conditions of this Agreement, the duly authorized representatives of the parties have executed this Agreement as of the Effective Date. 14.10 Public Records. LICENSEE acknowledges that information submitted to the LICENSOR may be open to public inspection and copying under state law. LICENSEE may identify information, such as trade secrets, proprietary financial 19 79321265_1 Page 386 records, customer information or technical information, submitted to the LICENSOR as confidential. LICENSEE shall prominently mark any information for which it claims confidentiality with the word "Confidential" on each page of such information prior to submitting such information to the LICENSOR. The LICENSOR shall treat any information so marked as confidential until the LICENSOR receives any request for disclosure of such information. Within two (2) working days of receiving any such request, the LICENSOR shall provide LICENSEE with written notice of the request, including a copy of the request. LICENSEE shall have five (5) working days within which to provide a written response to the LICENSOR, before the LICENSOR will disclose any of the requested confidential information. The LICENSOR retains the final discretion to determine whether to release the requested confidential information, in accordance with applicable laws. 14.11 Non -Exclusive Remedies. No provision in this Agreement made for the purpose of securing enforcement of the terms and conditions of this Agreement shall be deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and conditions, but the remedies herein provided are deemed to be cumulative. 14.12 No Third -Party Beneficiaries. It is not intended by any of the provisions of this Agreement to create for the public, or any member thereof, a third -party beneficiary right or remedy, or to authorize anyone to maintain a suit for personal injuries or property damage pursuant to the provisions of this Agreement. The duties, obligations, and responsibilities of the LICENSOR with respect to third parties shall remain as imposed by state law. 14.13 Construction of Agreement. The terms and provisions of this Agreement shall not be construed strictly in favor of or against either party, regardless of which party drafted any of its provisions. This Agreement shall be construed in accordance with the fair meaning of its terms. 14.14 Effect of Acceptance. LICENSEE (a) accepts and agrees to comply with this Agreement and all applicable federal, state and local laws and regulations; (b) agrees that this Agreement was granted pursuant to processes and procedures consistent with applicable law; and (c) agrees that it will not raise any claim to the contrary or allege in any claim or proceeding against the LICENSOR that at the time of acceptance of this Agreement any provision, condition or term of this Agreement was unreasonable or arbitrary, or that at the time of the acceptance of this Agreement any such provision, condition or term was void or unlawful or that the LICENSOR had no power or authority to make or enforce any such provision, condition or term. 20 79321265_1 Page 387 14.15 Time is of the Essence. Time is of the essence with regard to the performance of all of LICENSEE's obligations under this Agreement. 14.16 Delegation. LICENSOR hereby delegates to the City manager the right to enter into Supplements on behalf of LICENSOR. Such delegation may be changed on thirty (30) days notice to LICENSEE. However the City Manager, at his sole discretion, may determine if any supplements shall require Licensor to review and approve. [Signature page follows] 21 79321265_1 Page 388 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be legally executed in duplicate this day of 20 LICENSOR: CITY OF RANCHO CUCAMONGA By: Name: Title: ATTEST: Clerk APPROVED AS TO FORM CITY ATTORNEY'S OFFICE NO City Attorney LICENSEE: CROWN CASTLE FIBER LLC c/o Crown Castle 2000 Corporate Drive Canonsburg, PA 15317-8564 Attn: Ken Simon, General Counsel Telephone: (724) 416-2000 with a copy to: CROWN CASTLE FIBER LLC c/o Crown Castle 2000 Corporate Drive Canonsburg, PA 15317-8564 Attn: Small Cell Contracts Administration Telephone: (724) 416-2000 22 79321265_1 Page 389 iM Name: Title: Exhibits: Exhibit A — Supplement 23 79321265_1 Page 390 EXHIBIT A FORM OF SUPPLEMENT SUPPLEMENT This Supplement ("Supplement"), made this day of , 20 ("Effective Date") between the City of Rancho Cucamonga, a political subdivision of the State of California, hereinafter designated "Licensor" and , with its principal offices at , hereinafter designated "Licensee": 1. Supplement. This is a Licensor Supplement as referenced in that certain Small Cell License Agreement between Licensor and Licensee dated , ("Agreement"). All of the terms and conditions of the Agreement are incorporated hereby by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Project Description and Locations. Licensee shall have the right to use the ROW for a Small Cell at the designated areas in the ROW as further described in Attachment 1 attached hereto (the "Licensed Area"). 3. Equipment. The Small Cell to be installed at the Licensed Area is described in Attachment 1 attached hereto. 4. Term. The term of this Supplement shall be as set forth in Paragraph 2.2 of the Agreement. 5. Fees. The initial Total License Fee for the term of this Supplement shall be , as determined in accordance with Paragraph 5.1 of the Agreement, as adjusted by Paragraph 5.2. 6. Commencement Date. The first day of the month following the date Licensee has Commenced Installation of its Equipment at the Licensed Area. 7. Approvals. It is understood and agreed that Licensee's ability to use the Licensed Area is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities, as well as a satisfactory fiber and electrical connection which will permit Licensee use of the Licensed Area as set forth above. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) Licensee determines that such Governmental Approvals may not be obtained in a timely manner; (iv) Licensee 24 79321265_1 Page 391 determines that it will be unable to obtain in a satisfactory manner, or maintain any fiber or power connection; or (v) Licensee determines that the Licensed Area is no longer technically compatible for its use, Licensee shall have the right to terminate this Supplement. Notice of Licensee's exercise of its right to terminate shall be given to Licensor in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by Licensee, or upon such later date as designated by Licensee. All license fees paid to said termination date shall be retained by Licensor. Upon such termination, this Supplement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each party to the other hereunder. Otherwise, Licensee shall have no further obligations for the payment of Total License Fee to Licensor. 8. Miscellaneous. [Signature page follows] 25 79321265_1 Page 392 EXECUTED to be effective as of the date shown above. LICENSOR: CITY OF RANCHO CUCAMONGA By: Name: Title: ATTEST: Clerk APPROVED AS TO FORM CITY ATTORNEY'S OFFICE City Attorney LICENSEE: Name: Title: Exhibits: Attachment 1 26 79321265_1 Page 393 Attachment 1 Licensed Area 27 79321265_1 Page 394 DATE: TO: FROM: INITIATED BY: SUBJECT: August 21, 2019 Mayor and Members of the City Council John R. Gillison, City Manager Jason C. Welday, Director of Engineering Services/City Engineer Eduardo Diaz, Assistant Engineer CONSIDERATION TO ACCEPT PUBLIC IMPROVEMENTS LOCATED ON SANTA ANITA AVENUE NORTH OF 6TH STREET, RELATED TO CASE NO. DRC2015-00797, AS COMPLETE, FILE THE NOTICE OF COMPLETION, AND AUTHORIZE RELEASE OF BONDS. RECOMMENDATION: Staff recommends that the City Council: 1. Approve and accept the public improvements and their design, required for the development of Case No. DRC2015-00797 and authorize the City Engineer to file the appropriate Notice of Completion; 2. Release Faithful Performance Bond #19059870 and accept Maintenance Bond #19059870-1 for the associated public improvements; and 3. Authorize the City Engineer to approve the release of the Maintenance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship. BACKGROUND: Case No. DRC2015-00797 was approved by the Planning Commission on June 28, 2017, for the construction of a 339,000 square foot industrial building comprised of warehouse and office on a 17 - acre site in the General Industrial (GI) District, located approximately 1,100 north of 6th Street and 395 feet north of the terminus of Santa Anita Avenue. An improvement agreement and securities were approved by the City Council on July 18, 2018, in order to ensure construction of the required public improvements. ANALYSIS: All public improvements required of this development have been completed to the satisfaction of the City Engineer. The public improvements will be re -inspected in approximately nine months to ensure they remain in good order prior to release of the maintenance bond. Prior to construction of the public improvements the developer, CRP Oakmont Santa Anita LLC, submitted Faithful Performance Bond #19059870 in the amount of $412,600 to ensure satisfactory completion of the improvements. With the completion of the improvements this bond is no longer required, and the developer has submitted Maintenance Bond #19059870-1 to secure maintenance of the improvements through the one-year warranty period. Page 395 FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: Enhancing Premier Community Status through the construction of high-quality public improvements. ATTACHMENTS: Description Attachment 1 - Vicinity Map Page 396 ATTACHMENT 1 Case No. DRC2015-00797 Vicinity Map Ep Ice nter x C� a' Jack Benny or Animal Care B Adoption Center a �s Arrow Roure a ¢ m w a `m Day Creek CAonnef �T33 k ATand SF Ra l l road R'f —,jSF R�Ilr—d : ;27R tit Rochester 6th St I I � s 5th St 5[h St U • q I v � � EY F• ,.� Lt. STh St' �E3fi •� • • �4th•St— D*h- • • • San Bernardino Ave Z `t c iA52Jt R7l�s L t �,lr n v d e c W } C m w Page 397 DATE: TO: FROM: INITIATED BY: SUBJECT: August 21, 2019 Mayor and Members of the City Council John R. Gillison, City Manager Jason C. Welday, Director of Engineering Services/City Engineer Gianfranco Laurie, Senior Civil Engineer Ruth Cain, Procurement Manager CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENTS FOR FIVE-YEAR ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES. RECOMMENDATION: Staff recommends that the City Council approve the Professional Services Agreements (PSAs) with Aufbau Corporation, Onward Engineering, and Willdan Engineering to provide five-year on-call construction management and inspection services and authorize the Mayor to sign the PSAs. (PSAs are on file with the City Clerk's Office). BACKGROUND: The Engineering Services Department current annual on-call public works inspection and construction support services contracts have expired as of June 30, 2019. Based on the projected workload, a new solicitation for on-call consulting services was assembled and distributed to vendors. However, rather than having a one-year on-call consulting services contract, staff is recommending a five-year contract with a possible two one-year extensions under this agreement. Engineering staff provided a detailed Scope of Services to the Procurement Division for the purposes of establishing a qualified vendors list for a five-year on-call construction management and inspection services on an as -needed basis for various capital improvement projects within the City. A formal Request for Proposals (RFP) / Statement of Qualifications (SOQ) #18/19-018 was posted and advertised in the City's electronic bidding system. ANALYSIS: In total, seven hundred and forty-five (745) vendors were notified, one hundred (100) prospective proposers and twenty-seven (27) proposal responses were received. An evaluation committee was formed and the proposal responses were evaluated and rated in accordance with the criteria specified in the RFP/SOQ. Subsequently, on July 31, 2019, the top five rated firms were invited for vendor interviews in order to select the top three consulting firms. The top three highest ranking firms resulting from the interview process were Aufbau Corporation of Glendale, CA, Onward Engineering of Anaheim, CA, and Willdan Engineering of San Bernardino, CA. These three vendors were the highest rated among the proposals and staff has determined that they are able to meet the needs of the City based on their qualifications, experience, scope and fee Page 398 schedule. As these consultant firms have other clients and may not be available from time to time, having multiple firms under contract allows the City flexibility in awarding services. Individual capital improvement projects requiring construction management and inspection services will be awarded on a rotating basis between the consulting firms and upon consultant availability. Staff has finalized proposed PSA's with Aufbau Corporation, Onward Engineering, and Willdan Engineering, and recommends award for these three vendors at this time. FISCAL IMPACT: For construction management and inspection, services will be paid on a time and material basis in accordance with the schedule of fees and type of project. Since each individual project requirement is different and cost will vary dependent on the work required, a proposal will be requested from the consulting firm along with an estimated cost. At that time, a requisition will be processed for the services using the account number(s) for the individual projects. The total cost for construction management and inspection services for each individual project will not exceed the budgeted amount, unless previously authorized by the City Council. Further, compensation for each on-call consulting firm shall not exceed $300,000 per year without the City Council approval. COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's goal of Enhancing Premier Community Status by ensuring high quality On -Call Construction Management and Inspection Services for Capital Improvement Projects. Page 399 DATE: TO: FROM: INITIATED BY: SUBJECT: August 21, 2019 Mayor and Members of the City Council John R. Gillison, City Manager Jason C. Welday, Director of Engineering Services/City Engineer Gianfranco Laurie, Senior Civil Engineer Ruth Cain, Procurement Manager CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENTS FOR FIVE-YEAR ON-CALL DESIGN AND CONSTRUCTION SURVEYING SERVICES. RECOMMENDATION: Staff recommends that the City Council approve the Professional Services Agreements (PSAs) with WestLAND Group, Inc., Towill, Inc., and Huitt-Zollars, to provide five-year on-call design and construction surveying services and authorize the Mayor to sign the PSAs. (PSAs are on file with the City Clerk's Office). BACKGROUND: The Engineering Services Department current annual on-call surveying services contracts have expired as of June 30, 2019. Based on the projected workload, a new solicitation for on-call consulting services was assembled and distributed to vendors. However, rather than having a one-year on-call consulting services contract, staff is recommending a five-year contract with a possible two one-year extensions under this agreement. Engineering staff provided a detailed Scope of Services to the Procurement Division for the purposes of establishing a qualified vendors list for a five-year on-call design and construction surveying services on an as -needed basis for various capital improvement projects within the City. A formal Request for Proposals (RFP) / Statement of Qualifications (SOQ) #18/19-020 was posted and advertised in the City's electronic bidding system. ANALYSIS: In total, four hundred sixty-seven (467) vendors were notified, sixty-nine (69) prospective proposers and sixteen (16) proposal responses were received. An evaluation committee was formed and the proposal responses were evaluated and rated in accordance with the criteria specified in the RFP/SOQ. Subsequently, on July 25, 2019, the top five rated firms were invited for vendor interviews in order to select the top three consulting firms. The top three highest ranking firms resulting from the interview process were WestLAND Group, Inc., of Ontario, CA, Towill, Inc., of Rancho Cucamonga, CA, and Huitt-Zollars, of Ontario, CA. These three vendors were the highest rated among their proposals and interviews and staff has determined that they are able to meet the needs of the City based on their qualifications, experience, scope and fee schedule. Page 400 As these consultant firms have other clients and may not be available from time to time, having multiple firms under contract allows the City flexibility in awarding services. Individual capital improvement projects requiring design and construction surveying services will be awarded on a rotating basis between the consulting firms and upon consultant availability. Staff has finalized proposed PSA's with WestLAND Group, Inc., Towill, Inc., and Huitt-Zollars, and recommends award for these three vendors at this time. FISCAL IMPACT: For design surveying, services will be paid based on a fixed fee proposal with a cost breakdown for each task requested. For construction surveying, services will be paid on a time and material basis in accordance with the schedule of fees and type of project. Since each individual project requirement is different and cost will vary dependent on the work required, a proposal will be requested from the consulting firm along with an estimated cost. At that time, a requisition will be processed for the services using the account number(s) for the individual projects. The total cost for design and construction surveying services for each individual project will not exceed the budgeted amount, unless previously authorized by the City Council. Further, compensation for each on-call consulting firm shall not exceed $150,000 per year without the City Council approval. COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's goal of Enhancing Premier Community Status by ensuring high quality On -Call Design and Construction Surveying Services for Capital Improvement Projects. Page 401 DATE: TO: FROM: INITIATED BY: SUBJECT August 21, 2019 Mayor and Members of the City Council John R. Gillison, City Manager Jason C. Welday, Director of Engineering Services/City Engineer Fred Lyn, Deputy Director of Engineering/Utilities & Environmental Services CONSIDERATION OF A CORRECTION IN THE RANCHO CUCAMONGA MUNICIPAL UTILITY'S ELECTRIC RATES UNDER THE LARGE INDUSTRIAL ENERGY CHARGE: SUMMER SEASON - OFF-PEAK RATE. RECOMMENDATION: It is recommended that the City Council approve the attachment showing the corrected Energy Charge for the Summer - Off -Peak energy rate under Page 15 of the RCMU's Large Industrial electric rates and tariffs. BACKGROUND: On December 5, 2018, the Rancho Cucamonga City Council adopted Resolution No. 18-126 establishing the 2019 Electric Rates, Fees and Charges for the Rancho Cucamonga Municipal Utility's (RCMU) service area. ANALYSIS: During RCMU's June 2019 billing cycle, staff received an inquiry from its Large Industrial customer that the Large Industrial Energy Charge for the Summer Off -Peak was the same as the Summer On -Peak and whether that was correct. Staff looked into the final report of the Cost of Service / Rate study and found that the Summer Off -Peak energy rate was incorrectly entered in the Large Industrial Electric Rates and Tariff attachment which was approved by the City Council on December 5, 2018. The Summer On -Peak energy charge ($0.09458 / kWh) was accidently placed under the Summer Off -Peak energy charge. The correct Summer Off -Peak energy charge rate should have been $0.04941 / kWh. When the error was found, City staff immediately contacted the Large Industrial customer letting them know of the error, the overcharge in the Summer Off -Peak energy charge and corrected the billing error by cancelling the initial bill and re -sent the customer a revised June 2019 bill. City staff also corrected the error on Page 15 of the RCMU Electric Rates and Tariff, which was on the City website and the correct version of Page 15 is attached for the City Council's review and approval. FISCAL IMPACT: The revision to the Large Industrial customer's Summer Off -Peak energy charge resulted in a bill reduction of $3,644.24 for their June 2019 electric bill. COUNCIL GOAL(S) ADDRESSED: Page 402 RCMU's electric rate adjustments implements the City Council's Goals for Mid- and Long -Range Planning by ensuring that the appropriate cost structure for providing electric service is followed. ATTACHMENTS: Description Attachment 1 - Large Industrial Rate Page Page 403 Attachment 1 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS LARGE INDUSTRIAL A. Applicability Applicable to general services including lighting and power Customers delivered at the utility's primary distribution voltage level of 12 kV. This Schedule is applicable to and mandatory for all Customers whose monthly Maximum Demand, in the opinion of the Utility, is expected to exceed 500 kW or has exceeded 500 kW in any three (3) months during the preceding twelve (12) months. Any existing Customer on this Schedule whose monthly Maximum Demand has registered 500 kW or less for twelve (12) consecutive months is ineligible for service under this Schedule and shall be transferred to another applicable Rate Schedule. Service under this Schedule is subject to Meter availability. B. Territory Within the entire territory served. C. Rates Energy Charge - $/kWh/Meter/Month Summer Season — On -Peak 0.09458 Mid -Peak 0.07386 Off -Peak 0.09458 Winter Season — Mid -Peak 0.06878 Off -Peak 0.04548 Customer Charge - $/Meter/Month 400.00 Demand Charge - $/kW of Billing Demand/Meter/Month Facilities Related 13.50 Time Related Summer — On -Peak 20.00 Summer — Mid -Peak 5.00 Power Factor Adjustment - $/KVA 0.27 D. Special Conditions 1. Time periods are defined as follows: On -Peak: Noon to 6:00 p.m. summer weekdays except holidays. Mid -Peak: 8:00 a.m. to noon and 6:00 p.m. to 11:00 p.m. summer weekdays except holidays. 8:00 a.m. to 9:00 p.m. winter weekdays except holidays. Off -Peak: All other hours. Holidays are New Year's Day (January 1), Washington's Birthday (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Veteran's Day (November 11), Thanksgiving Day (fourth Thursday in November), and Christmas (December 25). 15 Effective Date: January 1, 2019 Page 305 DATE: August 21, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Gianfranco Laurie, Senior Civil Engineer Romeo M. David, Associate Engineer SUBJECT: CONSIDERATION TO ACCEPT AS COMPLETE, FILE THE NOTICE OF COMPLETION AND AUTHORIZE RELEASE OF RETENTION AND BONDS FOR THE FISCAL YEAR 2018/19 ADA ACCESS RAMP IMPROVEMENTS AT VARIOUS LOCATIONS PROJECT. RECOMMENDATION: Staff recommends that the City Council: 1. Accept the Fiscal Year 2018/19 ADA Access Ramp Improvements at Various Locations Project, Contract No. 19-018 (Project), as complete; 2. Approve the final contract amount of $647,963; 3. Authorize the release of the Faithful Performance Bond 35 days after recordation of Notice of Completion and accept a Maintenance Guarantee Bond; 4. Authorize the release of the Labor and Materials Bond in the amount of $766,320, six months after the recordation of said notice if no claims have been received; 5. Authorize the City Engineer to file a Notice of Completion and release of the project retention, 35 days after recordation of Notice of Completion; and 6. Authorize the City Engineer to approve the release of the Maintenance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship. BACKGROUND: On April 3, 2019, the City Council award a construction contract with Kalban, Inc., in the amount of $766,320 for the construction of the Fiscal Year 2018/19 ADA Access Ramp Improvements at Various Locations Project. Additionally, the City Council authorized a 10% contingency in the amount of $76,640 to address unforeseen construction related incidentals. The Project scope of work consisted of, but was not limited to, constructing concrete access ramps, sidewalks, retaining curbs, curb & gutter, truncated domes, spandrels, rock scape, miscellaneous electrical, restore landscaping, relocate signs, and related items of work per plans. A vicinity map is included as Attachment 1. ANALYSIS: Page 405 The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The net decrease in the total cost of the project is a result on two (2) Contract Change Orders, including the final balancing statement are summarized below: Change Order No. 01: Three (3) existing trees were uplifting surrounding sidewalks, curbs and gutters. Public Works staff reviewed the trees and recommended their removal (including tree roots) to avoid further damage to the existing infrastructure. The change in contract cost due to this change order is an increase of $5,400. Change Order No. 02: The balancing statement for the project. The balancing statement conforms the final contract quantities to the actual quantities placed or constructed during the contract. The notable change is a deduct in the amount of ($123,754) resulting from a deduction in the final number of concrete access ramps and concrete spandrels constructed. At the end of the one-year maintenance period, if the improvements remain free from defects in materials and workmanship, the City Clerk is authorized to release the Maintenance Bond upon approval by the City Engineer. FISCAL IMPACT: A total of $870,789 was budgeted in Fiscal Year 2018/19 from the Measure I (Fund 177), Gas Tax R&T7360 Fund (Fund 174), and Road Maintenance and Rehabilitation Act (RMRA) Fund (Fund 179) Funds, all of which are identified under Capital Improvement Project Account No's. and in the amount listed below. Account No Funding Source Description Amount 11773035650/1150177-0 Measure I Fund (177) ADA Ramps $51,200 11773035650/1022177-0 Measure I Fund (177) Local Street Rehab $413,789 11743035650/1150174-0 Gas Tax Fund (174) ADA Ramps $5,800 1179303560/1022179-0 RMRA Fund (179) Local Street Rehab $400,000 Total Project Funding = $870,789 The final project cost is $675,803 as shown below: Expenditure Amount Final Construction Contract $647,963 Construction Inspection $27,840 Total Project Cost $675,803 A total of $194,986 is remaining in the budget for this project and will be returned to the Measure I (Fund 177), Road Maintenance and Rehabilitation Act RMRA Fund (Fund 179) and Gas Tax Fund (Fund 174) fund balance to be used for future capital improvement projects. COUNCIL GOAL(S) ADDRESSED: This item Enhances Premier Community Status and Public Safety by upgrading ADA Ramps providing access to all members of our community. ATTACHMENTS: Description Attachment 1 - Vicinty Map Page 406 ATTACHMENT 1 VICINITY MAP PROJECT# 800-2019-04 NOT TO SCALE XT i i t� v • l �1 r - 'I ,almond St beer [reek + ll Channel I I } + Hillside Rd Hlllslde Rd M15ide Rd I �a ■ 1I I §ti ,NitSpn Av Wilson Ave � x i `. Thoroughbred Chaffey �-) C 14th St W College Schaal Banyan St Banyan 51 c �� Bany�St #. Lemon Ave Lemon Ave Jlntagopr Vlat�g } � Alta Loma Dr Rancho --, a MONEW Cucamonga R ' { Alta Lama Arrow Rre Arrow Rte w a � w � ■� H Victoria Sr Gf8 eland m P � Etiwanda" } Ane j ht orth Jersey Blvd — N Whlttr4n Ave Upland Hills 8th St Cucamonga 0 ti Country Club Rd a o ■ = ra A ❑ •r * o a ' N Project Site V L U Kalser San Bernatdipo Ave A Page 407 �0 C 14th St W 1 q Rancho a Cucamonga x row Hwy { Arrow Rre Arrow Rte w a � 9th 5t � m , ht orth Jersey Blvd Whlttr4n Ave EBth,A! ■ 8th St Cucamonga St E 71h 5t ■ Y w L . 14 m E 5th ° * d a a a ' N St f➢ pi c rith 5t c O I } E Y y _ < S rn [ E 4th ty L m '+ . ■ . ..r ..2- 'A . 6 *HT 9t ' � L°irleh It -4 Project Site V L U Kalser San Bernatdipo Ave A Page 407 DATE: August 21, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Brian Sandona, Senior Civil Engineer SUBJECT: CONSIDERATION TO APPROVE THE FINAL MAP OF TRACT NO. 202441 (CASE NO. SUBTT202441), LOCATED SOUTH OF 6TH STREET BETWEEN HAVEN AVENUE AND MILLIKEN AVENUE, SUBMITTED BY THE NEW HOME COMPANY INC. RECOMMENDATION: Staff recommends that the City Council approve the Final Map of Tract No. 20241, and cause said map to record. BACKGROUND: On March 13, 2019, the Planning Commission Approved Tentative Tract Map No. 20241 for the division of 5.18 acres of land into one numbered lot and two lettered lots located within the Empire Lakes Specific Plan, Planning Area 1, located north of 4th Street, south of 6th Street, west of Milliken Avenue, and east of Utica/Cleveland Avenues. ANALYSIS: Tentative Tract Map No. 20241 was approved subject to a condition that certain public improvements be constructed upon the first development within the Empire Lakes (The Resort) Specific Plan Area. All improvements required by these conditions have previously been secured and/or constructed. No additional security is required prior to approval of the final map. Staff has reviewed the final map submitted by the New Home Company Inc. and determined that it is technically correct and in substantial conformance with the approved Tentative Map and the Subdivision Map Act. FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's Goal of Enhancing Premier Community Status by allowing for high quality development within the Empire Lakes Specific Plan Area. ATTACHMENTS: Description Attachment 1 - Vicinity Map Page 408 VICINITY MAP TRACT MAP 20141 9 ATTACHMENT 1 =@a ancr Mal M@a Mao 3B 91 Mal =03 g Site lm ATTACUNT 1 Page 409 w ATTACUNT 1 Page 409 DATE: TO: FROM: INITIATED BY: SUBJECT August 21, 2019 Mayor and Members of the City Council John R. Gillison, City Manager Jason C. Welday, Director of Engineering Services/City Engineer Trina Valdez, Management Analyst I CONSIDERATION TO PURCHASE 765 ITRON SMART METERS FROM THE AUTHORIZED DISTRIBUTOR, MCAVOY AND MARKHAM ENGINEERING AND SALES IN THE AMOUNT OF $244,021 AND AUTHORIZE AN APPROPRIATION IN THE AMOUNT OF $244,021 FROM THE MUNICIPAL UTILITY FUND (FUND 705). RECOMMENDATION: Staff recommends the City Council approve and authorize the purchase of 765 Itron OpenWay 4G Cellular Smart Meters from the authorized distributor, McAvoy and Markham Engineering and Sales in the amount of $244,021 and authorize an appropriation in the amount of $244,021 to Account 1705303-5603 (Capital Outlay -Equipment) from the Municipal Utility Fund (Fund 705). BACKGROUND: In 2017, Rancho Cucamonga Municipal Utility (RCMU) determined that the Itron OpenWay 4G Cellular smart meter was the meter and software solution that best met the needs of the utility. This solution provided staff the ability to perform meter reads, connections and disconnections, and billing remotely, reducing staff time and contract meter related costs. Given the nature of this system and the need to integrate with specialized software, a sole source justification memo was previously submitted and approved by the City's Procurement Division. ANALYSIS: The purchase of the 765 meters will include 760 residential meters (Itron OpenWay 4G Cellular FM2S and FM12S CL200) and 5 commercial meters (Itron OpenWay 4G Cellular FM9S CL200). The purchase will ensure that new residential developments in the RCMU service area utilize the same AMI 2 -way meter platform and software that is being currently used with all the existing RCMU commercial and residential customers. Staff obtained a quote from McAvoy and Markham Engineering and Sales in the amount of $244,021. This quote has been evaluated and deemed reasonable. The meters will be paid for by the developer of each project. FISCAL IMPACT: An appropriation in the amount of $244,021 from the Municipal Utility Fund (Fund 705) to Account No. 1705303-5603 (Capital Outlay -Equipment) is required for the purchase. Page 410 COUNCIL GOAL(S) ADDRESSED: The purchase and use of the smart metering technology addresses the City Council's goal of Premier Community Status by ensuring that technology is used to provide efficient and cost effective electric service to RCMU customers. Page 411 DATE: TO: FROM: INITIATED BY: SUBJECT August 21, 2019 Mayor and Members of the City Council John R. Gillison, City Manager Jason C. Welday, Director of Engineering Services/City Engineer Gianfranco Laurie, Senior Civil Engineer CONSIDERATION OF A RESOLUTION ADOPTING THE MEASURE "I" FIVE- YEAR CAPITAL IMPROVEMENT PLAN COVERING FISCAL YEARS 2019/2024. RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolution approving the Local Measure "I" Five -Year Capital Improvement Plan ("Plan") covering Fiscal Years 2019/2024 and adopt the attached Measure "I" Capital Improvement Plan Expenditure Strategy. BACKGROUND: Measure "I", the county -wide transportation sales tax program, requires that each local jurisdiction receiving revenues from the program annually adopt a Five -Year Capital Improvement Plan which outlines the specific projects and anticipated costs for which Measure "I" funds will be used. In addition to adopting the Plan, the City is required by San Bernardino County Transportation Authority (SBCTA) Policy No. 40003 (amended May 6, 2015) to annually acknowledge the requirement to meet the minimum General Fund Maintenance of Effort (MOE) level approved by both the City Council and SBCTA Board in February and March 2016 respectively. The required MOE level for Fiscal Year 2019/20 is $2,225,757. ANALYSIS: Staff has prepared the Five -Year Capital Improvement Plan for consideration by the City Council. Upon adoption, the plan will be kept on file with the San Bernardino County Transportation Authority (SBCTA) for informational purposes. The Plan includes minor street widening of Etiwanda Avenue from Whittram Avenue to Arrow Route, pavement rehabilitation of Church Street from Haven Avenue to Milliken Avenue, topographic survey for future pavement rehabilitation of Etiwanda Avenue from Foothill Boulevard to Wilson Avenue and asphalt overlay on various local roadways, along with contract services for concrete, striping and signal maintenance in Fiscal Year 2019/20. In addition to the required resolution, the City is required to adopt the attached Measure "I" Capital Improvement Plan Expenditure Strategy. This strategy is a narrative policy statement estimating the types of projects Local Measure "I" Funds are to be used for and the percentage of funds allocated for each type of project. The Plan has been "over -programmed" to ensure that the adopted plan contains ample projects for Measure "I" expenditures. In addition, no more than 50% of the estimated annual program revenue is programmed for categorical expenditures or general program categories as required by SBCTA policy. A general program category is a program of work without any identified streets/locations such as traffic signal maintenance. Page 412 FISCAL IMPACT: Approval of this item will meet SBCTA Five -Year Capital Improvement Plan, MOE, and Expenditure Strategy requirements allowing the City to continue receiving Measure "I" funding. COUNCIL GOAL(S) ADDRESSED: The Measure "I" Five Year Capital Improvement Plan will enhance the City's position as the premier community in our region through construction of needed transportation improvements. ATTACHMENTS: Description Attachment 1 - Resolution Attachment A Page 413 ATTACHMENT 1 RESOLUTION NO. 19-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PLAN COVERING FISCAL YEARS 2019/2024 FOR THE EXPENDITURE OF MEASURE "I" FUNDS WHEREAS, San Bernardino County voters approved passage of Measure "I" in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-1 of the Authority; and WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Streets Program to annually adopt and update a Five -Year Capital Improvement Plan. WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-1 require each local jurisdiction to maintain General Fund expenditures for transportation -related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five -Year Capital Improvement Plan, which for the City of Rancho Cucamonga is $2,225,757. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that the City Council of the City of Rancho Cucamonga, State of California that the Measure "I" Five -Year Capital Improvement Plan, attached to this resolution as Attachment A is hereby adopted. PASSED, APPROVED, AND ADOPTED this 21 st day of August 2019. Resolution No. 19-076 — Page 1 of 1 Page 414 Resolution Number: 19-076 Resolution Approval Date: 8/21/19 Gianfranco Laurie, Senior Civil Contact Person/Title: Engineer Phone: (909)774-4037 Email: Gianfranco.Laurie@cityofrc.us Measure I Local Pass-through Program FIVE YEAR CAPITAL IMPROVEMENT PLAN Fiscal Years 2019/2020 thru 2023/2024 Rancho Cucamonga 6/30/19 Carryover Balance: 1 $4,634,731.09 Rancho Cucamonga Page 415 Page 1 of 2 Generated on: 8/13/2019 Is Project in FY2019/20 Est. Revenue FY2020/21 Est. Revenue FY2021/22 Est. Revenue FY2022/23 Est. Revenue FY2023/24 Est. Revenue Total Est. Rev. City's Does Project Is the Project on the $3,148,505.00 $3,254,932.00 $3,368,250.00 $3,486,402.00 $3,600,327.00 $16,858,416.00 Non -motorized have an ATP City's Nexus Study Estimated Total Transportation Component? List? Project Cost Carryover Current Carryover Current Carryover Current Carryover Current Carryover Current Plan? (Yes/No) (Public/DIF Share %) (Yes/No) Funds Estimate Funds Estimate Funds Estimate Funds Estimate Funds Estimate Total from Haven Ave to Milliken Ave Pavement 74thSt Yes No 0% 100% $300,000.00 0.00 0.00 0.00 300,000.00 0.00 0.00 0.00 0.00 0.00 0.00 $300,000.00 bilitation from Milliken Ave to Ontario Mills Dr - PavementYes No 0% 100%eabilitation $200,000.00 0.00 0.00 0.00 200,000.00 0.00 0.00 0.00 0.00 0.00 0.00 $200,000.00 6th St from Hellman Ave to Archibald Ave - Pavement Yes No 0% 100% $500,000.00 0.00 0.00 0.00 0.00 0.00 500,000.00 0.00 0.00 0.00 0.00 $500,000.00 Rehabilitation Baker Ave from Foothill Blvd to 8th St - Pavement Yes No 0% 100% $685,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 685,000.00 0.00 0.00 $685,000.00 Rehabilitation Banyan St from Channel to Haven Ave - Pavement Yes No 0% 100% $600,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 600,000.00 0.00 0.00 $600,000.00 Rehabilitation Banyan St from Haven Ave to Rochester Ave - Yes No 0% 100% $1,096,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,096,000.00 $1,096,000.00 Pavement Rehabilitation Banyan St from Rochester Ave to Etiwanda Ave - Yes No 0% 100% $750,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 750,000.00 $750,000.00 Pavement Rehabilitation Carnelian St from Base Line Rd to Rte 210 - Pavement Yes No 0% 100% $900,000.00 0.00 0.00 0.00 0.00 0.00 0.00 900,000.00 0.00 0.00 $900,000.00 Rehabilitation Carnelian St/Vineyard Ave from Foothill Blvd to Base Yes No 0% 100% $1,000,000.00 0.00 0.00 0.00 1,000,000.00 0.00 0.00 0.00 0.00 0.00 0.00 $1,000,000.00 Line Rd - Pavement Rehabilitation Church St from Haven Ave to Milliken Ave - Pavement Yes No 0% 100% $625,000.00 0.00 625,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $625,000.00 Rehabilitation Cucamonga Storm Drain from east of Hellman to Yes No 0% 100% $4,900,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 166,050.00 $166,050.00 Amethyst to 19th - SD and Rehabilitation Etiwanda Ave from Foothill Blvd to Base Line Rd - Yes No 0% 100% $520,000.00 0.00 20,000.00 0.00 0.00 0.00 500,000.00 0.00 0.00 0.00 0.00 $520,000.00 Pavement Rehabilitation Etiwanda Ave from Highland Ave to Base Line Rd - Yes No 0% 100% $720,000.00 0.00 20,000.00 0.00 0.00 0.00 700,000.00 0.00 0.00 0.00 0.00 $720,000.00 Pavement Rehabilitation Etiwanda Ave from Rte 210 to Wilson Ave - Pavement Yes No 0% 100% $610,000.00 0.00 10,000.00 0.00 0.00 0.00 600,000.00 0.00 0.00 0.00 0.00 $610,000.00 Rehabilitation Etiwanda Ave from Whittram Ave to Arrow Rte - Yes No 0% 100% $1,108,000.00 0.00 550,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $550,000.00 Widening and Rehabilitation Foothill Blvd from 1-15 Freeway to East Ave - Pavement Yes No 0% 100% $825,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 825,000.00 $825,000.00 Rehabilitation Haven Ave from Base Line Rd to Rte 210 - Pavement Yes No 0% 100% $850,000.00 0.00 0.00 0.00 850,000.00 0.00 0.00 0.00 0.00 0.00 0.00 $850,000.00 Rehabilitation Haven Ave from Rte 210 to Wilson Ave - Pavement Yes No 0% 100% $900,000.00 0.00 0.00 0.00 900,000.00 0.00 0.00 0.00 0.00 0.00 0.00 $900,000.00 Rehabilitation Highland Ave from Beryl St to Archibald Ave - Pavement Yes No 0% 100% $500,000.00 0.00 0.00 0.00 0.00 0.00 500,000.00 0.00 0.00 0.00 0.00 $500,000.00 Rehabilitation Lemon Ave from London Ave to Haven Ave - PavementYes No 0% 100% $675,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 665,000.00 $665,000.00 Rehabilitation Local Overlay at Various Locations (Attached Street Yes No 0% 100% $1,900,000.00 0.00 900,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $900,000.00 List) -Pavement Rehabilitation Milliken Ave from Rte 210 to Banyan St - Pavement Yes No 0% 100% $547,000.00 0.00 0.00 0.00 547,000.00 0.00 0.00 0.00 0.00 0.00 0.00 $547,000.00 Rehabilitation Rochester Ave from 6th St to Arrow Rte - Pavement Yes No 0% 100% $611,000.00 0.00 0.00 0.00 611,000.00 0.00 0.00 0.00 0.00 0.00 0.00 $611,000.00 Rehabilitation Rochester Ave from Banyan St to Highland Ave - Yes No 0% 100% $400,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 400,000.00 0.00 0.00 $400,000.00 Pavement Rehabilitation Rochester Ave from Base Line Rd to Banyan St - No No 0% 100% $979,000.00 0.00 0.00 0.00 0.00 0.00 150,000.00 0.00 0.00 0.00 0.00 $150,000.00 Pavement Rehabilitation Rancho Cucamonga Page 415 Page 1 of 2 Generated on: 8/13/2019 Named Projects Total: $0.001 $2,125,000.00 $0.001 $4,408,000.00 $0.001 $2,950,000.00 $0.001 $2,585,000.00 $0.001 $3,502,050.00 $15,570,050.00 Total Carryover+ Estimate: $2,125,000.00 $4,408,000.00 $2,950,000.00 $2,585,000.00 $3,502,050.00 Concrete Contract Services - Maintenance City Wide No No (%) Named Projects to FY Est. Revenue: 67.49% 135.43% 87.58% 74.15% 97.27% Pavement Management - Evaluate Pavement Condition No No City Wide ADA Corrective Measures - City Wide No No $500,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 $500,000.00 Concrete Contract Services - Maintenance City Wide No No $500,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 $500,000.00 Pavement Management - Evaluate Pavement Condition No No City Wide $425,000.00 125,000.00 25,000.00 125,000.00 25,000.00 125,000.00 $425,000.00 Signal Contract Services - Maintenance City Wide No No $3,911,390.00 831,390.00 770,000.00 770,000.00 770,000.00 770,000.00 $3,911,390.00 Striping Contract Services Maintenance City Wide No No $750,000.00 150,000.00 150,000.00 150,000.00 150,000.00 150,000.00 $750,000.00 Categorical Projects Total: (%) Categorical Projects to FY Est. Revenue: $1,306,390.00 $1,145,000.00 $1,245,000.00 $1,145,000.00 $1,245,000.00 $6,086,390.00 41.49% 35.18% 36.96% 32.84% 34.58% Rancho Cucamonga Page 416 Page 2 of 2 Total Carryover Programming: $0.00 Total Estimated Programming: $21,656,440.00 Total Programming: $21,656,440.00 Total Programming is currently 100.76% (must not exceed 150%) of Carryover Balance + Total Est. Revenue. Generated on: 8/13/2019 FY2019/20 MEASURE I LOCAL OVERLAY NO. STREET NAME FROM TO 1 LION ST SAN BERNARDINO RD CHURCH ST 2 BIRCH ST MONTARA AVE HELLMAN AVE 3 SPINEL AVE SAN BERNARDINO RD CHURCH ST 4 BERYL ST HEMLOCK ST CHURCH ST 51 HEMLOCK ST LION ST HELLMAN AVE 6 MONTARA AVE HEMLOCK ST NORTH END 7 SAUTERNE DR SAN BERNARDINO RD WINERY RIDGE DR 8 WINERY RIDGE DR CHIANTI CT SAUTERNE DR 9 HEMLOCK ST VINEYARD AVE BERYL ST 10 GARNET ST HEMLOCK ST NORTH END 11 PECAN ST HEMLOCK ST WEST END 12 CANDLEWOOD ST VINEYARD AVE LION ST 13 SPINEL AVE CANDLEWOOD ST NORTH END 14 BALSA ST ZIRCON AVE SPINEL AVE 15 ZIRCON AVE CANDLEWOOD ST BALSA ST Page 417 CITY OF RANCHO CUCAMONGA MEASURE I CAPITAL IMPROVEMENT PLAN EXPENDITURE STRATEGY Fiscal Year 2019/2020 — Fiscal Year 2023/2024 Each jurisdiction shall adopt a Measure I Capital Improvement Plan Expenditure Strategy as part of the annual Capital Improvement Plan adoption. The Expenditure Strategy is not intended to be a narrative description of the projects listed in the Capital Improvement Plan. Instead, the Expenditure Strategy should provide the policy approach adopted by the Council for the expenditure of Measure I funds. The jurisdictional Expenditure Strategy provides an opportunity to document circumstances or analyses which are not otherwise apparent when reviewing the Measure I Capital Improvement Plan. You must include the strategy as part of the annual Capital Improvement Plan adopted by your governing body. The Measure "I" Capital Improvement Plan Expenditure Strategy for the expenditure of Measure I funds will use the City's General Plan Circulation Element as a basis. It is anticipated that the funds will be allocated in the following manner: Percent Type of Improvement 72 Maintenance, Rehabilitation and Repair of Existing Roadways 21 Traffic Signal Improvements, Pavement Striping and Maintenance Concrete Services (ADA, Repair and Sidewalks) 2 Pavement Management 2019/2024 MICIP-Expenditure Strategy Page 418 DATE: TO: FROM: INITIATED BY: SUBJECT August 21, 2019 Mayor and Members of the City Council John R. Gillison, City Manager Alberto Espinoza, Interim Public Works Services Director Caroline D. Velarde, Management Analyst II I CONSIDERATION TO AWARD A CONTRACT TO ASSI SECURITY INCORPORATED FOR MAINTENANCE, REPAIRS, AND INSTALLATIONS OF SECURITY ACCESS CONTROL EQUIPMENT IN CITY FACILITIES IN AN AMOUNT NOT TO EXCEED $62,000 FOR FY 2019/2020. RECOMMENDATION: Staff recommends the City Council award and authorize the execution of a contract with ASSI Security Incorporated for maintenance, repairs, and installations of security access control equipment in City facilities, effective July 1, 2019 through June 30, 2020, with an option to renew in (1) year increments for a maximum of seven (7) years, in an amount not to exceed $62,000 for FY 2019/2020 and an estimated total contract value of $434,000 over seven years, and authorize the City Manager to renew the contract annually. BACKGROUND: Since 1999, the City of Rancho Cucamonga (City) has worked with ASSI Security Incorporated (ASSI) for the installation, maintenance, and repairs of the access control equipment in City facilities. In 2012, the Rancho Cucamonga Fire Protection District (RCFPD) was added to the City's contract with ASSI, allowing ASSI to service the access control systems in RCFPD facilities, in addition to the City's. Since then, ASSI has been the sole source provider of all the access controls, some surveillance systems and related maintenance for 15 City facilities and 7 RCFPD stations, including over 400 access readers, 150 cameras, and over 1,500 card key holders. ANALYSIS: It is imperative that any new security system blend seamlessly with the current system using the same program, components, and database due to the extremely critical and sensitive nature of these security systems and software programs and their relation to the security of the City's and RCFPD's facilities and occupants. In working with ASSI over the years, the City has minimized threats and risks to the security of its access control systems. In addition, ASSI has a strong history of providing excellent service and competitive pricing to the City. Staff recommends the City Council approve the award of the contract effective July 1, 2019, thereby approving the spending limit of $62,000 for FY 2019/2020 and $434,000 for the seven-year term of the contract and authorizing the City Manager to renew the contract annually. An additional $10,000 for FY 2019/2020 for maintenance, repairs, and installations of security access Page 419 control equipment in RCFPD facilities will be considered separately by the Fire Board. FISCAL IMPACT: The contract price is within the contract services budget line items in the proposed budget for FY 2019/2020. COUNCIL GOAL(S) ADDRESSED: The item addresses the City Council's goal of Enhancing Premier Community Status by maintaining safe City facilities. ATTACHMENTS: Description Contract Page 420 Attachment 1 - Contract AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 21st day of August, 2019, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and the Rancho Cucamonga Fire Protection District ("RCFPD") and ASSI Security Incorporated, a Contractor ("Contractor"). RECITALS A. City and RCFPD has heretofore issued its request for proposals to perform the following services: for maintenance, repairs, and installations of security access control equipment in City of Rancho Cucamonga and Rancho Cucamonga Fire Protection District facilities ("the Project"). B. Contractor has submitted a proposal to perform the services described in Recital "A", above, necessary to complete the Project. C. City and RCFPD desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D. Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City and RCFPD hereby engages Contractor to perform all services described in Recitals "A" and `B" above, including, but not limited to n/a, all as more fully set forth in the Contractor's proposal, dated July 23, 2019 and entitled "Scope of Work", attached hereto as Exhibit "A", and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as "the Services." In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City and RCFPD, the Contractor will promptly meet with City and RCFPD staff to discuss any revisions to the Project desired by the City and RCFPD. Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Contractor's compensation v enuor lnuuats PSA without professional liability insurance (contractor) Page I Last Revised: 10/02/13 Page 421 based thereon. A revision pursuant to this Section that does not increase the total cost payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City's Manager without amendment. 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a "Schedule of Performance", if such Schedule is attached hereto as Exhibit "A". 1.4 Standard of Care. As a material inducement to City and RCFPD to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City and RCFPD of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City and RCFPD Representative. 2. Term of Agreement. The term of this Agreement shall be one (1) year(s) and shall become effective as of the date of the mutual execution by way of both parties signature (the "Effective Date"). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year(s) increments to a total of seven (7) years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager's approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City and RCFPD. 3. Compensation. 3.1 Compensation. City and RCFPD shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed $72,000 (seventy two thousand dollars), including all out of pocket expenses, unless additional compensation is approved by the City Manager or v enuor lnuuats PSA without professional liability insurance (contractor) Page 2 Last Revised: 10/02/13 Page 422 City Council. City and RCFPD shall not withhold any federal, state or other taxes, or other deductions. However, City and RCFPD shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City and RCFPD shall compensate Contractor for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City and RCFPD monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City and RCFPD shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City and RCFPD shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not -to -exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City and RCFPD. 5. Representatives. 5.1 City and RCFPD Representative. For the purposes of this Agreement, the contract administrator and City and RCFPD's representative shall be Neil Plummer, or such other person as designated in writing by the City and RCFPD ("City and RCFPD Representative"). It shall be Contractor's responsibility to assure that the City and RCFPD Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City and RCFPD to the City and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD required hereunder shall mean the approval of the City and RCFPD Representative. 5.2 Contractor Representative. For the purposes of this Agreement, Laura Petras is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Contractor's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor's Representative were a substantial inducement for City and RCFPD to enter into this v enuor lnuuats PSA without professional liability insurance (contractor) Page 3 Last Revised: 10/02/13 Page 423 Agreement. Therefore, the Contractor's Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City and RCFPD. 6. Contractor's Personnel. 6.1 All Services shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City and RCFPD business license as required by the City's Municipal Code. 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Contractor shall be responsible for payment of all employees' and subcontractors' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and RCFPD and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's violations of personnel practices and/or any violation of the California Labor Code. City and RCFPD shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City and RCFPD from Contractor as a result of Contractor's failure to promptly pay to City and RCFPD any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, "Work Product"), are considered to be "works made for hire" for the benefit of the City and RCFPD. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City and RCFPD without restriction or limitation upon its use or dissemination by City and RCFPD. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made v enuor lntuuis PSA without professional liability insurance (contractor) Page 4 Last Revised: 10/02/13 Page 424 available to City and RCFPD. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City and RCFPD. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City and RCFPD upon written demand by City and RCFPD for their delivery, notwithstanding any disputes between Contractor and City and RCFPD concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City and RCFPD's reuse of the Work Product for any purpose other than the Project, shall be at City and RCFPD's sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City and RCFPD by Section 7. 1, above, the Contractor shall be deemed to grant and assign to City and RCFPD, and shall require all of its subcontractors to assign to City and RCFPD, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City and RCFPD shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City and RCFPD has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City and RCFPD, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, harmless from any loss, claim or liability in any way related to a claim that City and RCFPD's use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City and RCFPD's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City and RCFPD the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City and RCFPD; or (b) modify the Work Product so that it becomes non -infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Contractor is, and shall at all times remain as to City and RCFPD, a wholly independent contractor. Contractor shall have no v enuor lnuuats PSA without professional liability insurance (contractor) Page 5 Last Revised: 10/02/13 Page 425 power to incur any debt, obligation, or liability on behalf of City and RCFPD or otherwise act as an agent of City and RCFPD. Neither City and RCFPD nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City and RCFPD. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City and RCFPD harmless from any and all taxes, assessments, penalties, and interest asserted against City and RCFPD by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees 9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City and RCFPD employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City and RCFPD. City and RCFPD shall grant such authorization if applicable law requires disclosure. All City and RCFPD data shall be returned to City and RCFPD upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City and RCFPD on any matter in connection with which Contractor has been retained. 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City and RCFPD shall have the right, at its sole and absolute discretion, to terminate this Agreement without v enuor lnuuats PSA without professional liability insurance (contractor) Page 6 Last Revised: 10/02/13 Page 426 further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Contractor has no knowledge that any officer or employee of City and RCFPD has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City and RCFPD, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City and RCFPD, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials and RCFPD, (collectively, "Indemnitees"),free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City and RCFPD's choice, and shall pay all costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City and RCFPD, or the deposit with City and RCFPD, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. 11.4 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. v enuor lnuuats PSA without professional liability insurance (contractor) Page 7 Last Revised: 10/02/13 Page 427 12. Insurance. 12.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees or subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City and RCFPD, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. (4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City and RCFPD. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this agreement. PSA without professional liability insurance (contractor) Last Revised: 10/02/13 v enuor lnuuats Page 8 Page 428 12.4 Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and RCFPD and shall not reduce the limits of coverage. City and RCFPD reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City , RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, RCFPD, its officers, officials, employ designated volunteers or agents serving as independent contractors in the role of City and RCFPD officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD officials. Any insurance or self-insurance maintained by City , RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and RCFPD officials shall be in excess of Contractor's insurance and shall not contribute with it. (3) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor PSA without professional liability insurance (contractor) Last Revised: 10/02/13 v enuor lnuuats Page 9 Page 429 fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City and RCFPD may procure such insurance at Contractor's sole cost and expense. (5) Each insurance policy required by this clause shall expressly waive the insurer's right of subrogation against City and RCFPD, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials. (6) Each policy shall be issued by an insurance company approved in writing by City and RCFPD, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City and RCFPD in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City and RCFPD with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker's Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City and RCFPD before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City and RCFPD with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of v enuor lnuuats PSA without professional liability insurance (contractor) Page 10 Last Revised: 10/02/13 Page 430 this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor's work. Contractor shall require its subcontractors to be bound to Contractor and City and RCFPD in the same manner and to the same extent as Contractor is bound to City and RCFPD pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub -subcontractor. 13. Cooperation. In the event any claim or action is brought against City and RCFPD relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City and RCFPD might require. City and RCFPD shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City and RCFPD shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City and RCFPD exercises its right to terminate this Agreement, City and RCFPD shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City and RCFPD by reason of such termination, including any claim for compensation. City and RCFPD may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Contractor may terminate this Agreement for cause upon giving the City and RCFPD ten (10) business days prior written notice for any of the following: (1) uncured breach by the City and RCFPD of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City and RCFPD's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City and RCFPD: Neil Plummer, Facilities Supervisor 8794 Lion Street Rancho Cucamonga, CA 91730 PSA without professional liability insurance (contractor) Last Revised: 10102113 v enuor lnuuats Page 11 Page 431 If to Contractor: Laura Petras, Contracts Administrator 1370 Reynolds Avenue, Suite 201 Irvine, CA 92614 16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor's obligations hereunder without City and RCFPD's prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and compliance with other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetennination.htm Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City and RCFPD, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City and RCFPD of any payment to Contractor constitute or be construed as a waiver by City and RCFPD of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City and RCFPD v enuor lnuuats PSA without professional liability insurance (contractor) Page 12 Last Revised: 10/02/13 Page 432 shall in no way impair or prejudice any right or remedy available to City and RCFPD with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City and RCFPD. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: ASSI Security Incorporated By: Name Title By: Name Date Date PSA without professional liability insurance (contractor) Last Revised: 10/02/13 City of Rancho Cucamonga By: Name Title Date City of Rancho Cucamonga Fire Protection District LOW Name Date Vendor Initials Page 13 Page 433 Title Title (two signatures required if corporation) PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Vendor Initials Page 14 Page 434 %W '/ July 23, 2019 Ms. Caroline Velarde City of Rancho Cucamonga 9153 Ninth Street Rancho Cucamonga, CA 91730 fH55VDLUUHI I Y RE: Continued Service Agreement (CO#12-071 for Fiscal Year 19/20) Dear Caroline: In response to your 7/22/18 email, ASSI is pleased to provide you with the attached price list for utilization during your 2019/2020 budget period. We thank you for the opportunity to continue to work with the City and we look forward to serving you. Please feel free to call me at any time. Sincerely, v Laura Petras Contracts Administrator ASSI Security, Inc. LP/ms Attachment cc: Michael Willey Neil Plummer 1370 Reynolds Ave. • Suite 201 • Irvine, CA 92614 • Ph 949.955.0244 • Fax 949.955.1944 • www.assisecurity.com Page 435 %w ASSISECURITY CITY OF RANCHO CUCAMONGA CONTRACT CO 12-071 PRICING FOR FY 19/20 (updated 7/23/19) Equipment Unit Price Description Effective 5/17/18 thru 5/16/19 Comments DSX 1022 Panel (Board Only) $ 860.00 Replaced 1021 board DSX-1022NV Intelligent 2 -Door 1/0 Controller $ 1,070.00 Replaced DSX 1022PKG DSX 1042 Panel (Board Only) $ 795.00 DSX 1042PKG Intelligent 2 -door Package $ 1,260.00 DSX 1043 Panel (Board Only) $ 600.00 DSX 1043PKG $ 1,025.00 DSX-LAN Data Converter $ 260.00 DSX-1040CDM Communication Distribution Module $ 195.00 DSX-1040PDM Power Distribution Module $ 185.00 DSX DSX-SWS150/28 Lock Power Supply $ 135.00 Replaced DSX AS 150 DSX MCI Data Converter $ 110.00 DSX Winstart Software $ 365.00 Altronix ALT244 Power Supply $ 80.00 HID 5395CG100 Card Reader $ 180.00 HID 5365EGP00 Card Reader $ 200.00 HID 5375AGN00 Card Reader $ 520.00 HID Prox Point Card Reader $ 100.00 Bosch BCH-DS936 Motion Sensor $ 80.00 Replaced DSC ALPA-DMP-461 & DSC-KIT3251 CPO1 NT Alarm Panel Kit $ 190.00 ALPA-BCH-D8125 Aiphone AIP-RY-PA Relay $ 15.00 Idec I DC-(RH 1 BUDC1 2V) Relay $ 10.00 Replaced ICS100-CRV3A, ICS110- Pelco PEL-FD5-IRV10-6 Fixed Camera $ 450.00 CDV39A & IS150-CHV9 Weldex WDD-4925C Fixed Camera $ 300.00 Weldex WDDF-2405DN Fixed Camera $ 275.00 Norther NOR-LED17ST 17" Monitor $ 275.00 Replaced VE710B Hourly Labor Rates New Installation Regular OT Premium Clerical/Admin $70.00 $105.00 $140.00 Apprentice $90.00 $135.00 $180.00 Journeyman $95.00 $142.50 $190.00 Superintendent/Foreman/Project Mgr $120.00 $180.00 $240.00 General Foreman/General Mgr $120.00 $180.00 $240.00 Engineer $105.00 $157.50 $210.00 Programmer/Trainer $125.00 $187.50 $250.00 Service (Maintenance/Time & Materials)* $135 for the first hour; $100.00 for each hour thereafter * Service rates are based upon a 1 hr. minimum and assume work to be performed during ASSI's normal busi- ness hours. After hours rate is $210/hr. and is subject to travel time as well. **All Prices are guaranteed for one year Page 436 Attachment A — Sample Waiver of Subrogation (Sample Only — Not all forms will look identical to this Sample) -A' TRAVELERS J POLICY NUMBER. WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) -ni WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) This agreement shall not operate directly or Indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or 0fficialc DESIGNATED ORGANIZATION: PSA without professional liability insurance (contractor) Last Revised: 10/02/13 v enuor lntuats Page 17 Page 437 Attachment B — Sample Additional Insured for On-going Projects POLICY NUMBER- COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Or anization s : Locations Of Covered Operations The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional is the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. CG 20 10 07 04 13. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This Insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work. on the project (other than service. maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project, (9� ISO Properties, Inc., 2004 PSA without professional liability insurance (contractor) Last Revised: 10102113 Page 1 of 1 ❑ venaor lnttza[s Page 18 Page 438 DATE: TO: FROM: INITIATED BY: SUBJECT August 21, 2019 Mayor and Members of the City Council John R. Gillison, City Manager Alberto Espinoza, Interim Public Works Services Director Caroline D. Velarde, Management Analyst II I CONSIDERATION TO AWARD A CONTRACT TO MIJAC ALARM FOR FIRE AND BURGLAR ALARM SYSTEM SERVICES IN AN AMOUNT NOT TO EXCEED $72,000 FOR FY 2019/2020. RECOMMENDATION: Staff recommends the City Council award and authorize the execution of a contract with MIJAC Alarm for fire and burglar alarm system services, effective July 1, 2019 through June 30, 2020, with an option to renew in (1) year increments for a maximum of seven (7) years, in an amount not to exceed $72,000 for FY 2019/2020 and with a spending limit of $504,000 over seven years, and authorize the City Manager to renew the contract annually. BACKGROUND: The City of Rancho Cucamonga (City) and the Rancho Cucamonga Fire Protection District (RCFPD) have more than thirty-five facilities which are equipped with fire and burglar alarm systems. Each building has equipment that is solely maintained and monitored by MIJAC Alarm, including fire alarm panels, fire annunciators, burglar panels, smoke detectors, heat detectors, pull stations, fire strobes, elevator fire systems, panic alarm modules, panic alarm panels and OS&Y valve tamper switches. MIJAC has been the sole source provider to the City since 2012, and RCFPD since 2013 for the installation, programming, maintenance, repair, and monitoring of fire and burglar alarm equipment. ANALYSIS: To maintain security of City facilities and keep replacement costs for monitoring equipment minimal, staff recommends the City continue to work with MIJAC to meet its fire and burglar alarm system service needs. In addition, MIJAC has submitted a proposal expressing their desire to work with the City in providing fire and burglar alarm system services. The term of the proposed contract is one year, with the option to renew in one-year increments for a maximum of seven years through June 30, 2026. MIJAC Alarm has provided services meeting the needs of the City. Staff recommends the City Council approve the award of the contract effective July 1, 2019, thereby approving the spending limit of $72,000 for FY 2019/2020 and $504,000 for the seven-year term of the contract and authorizing the City Manager to renew the contract annually. An additional $8,000 for FY 2019/2020 for fire and burglar alarm system services for RCFPD facilities will be considered separately by the Fire Board. Page 439 FISCAL IMPACT: The contract price is within the contract services budget line items in the proposed budget for FY 2019/2020. COUNCIL GOAL(S) ADDRESSED: The item addresses the City Council's goal of Enhancing Premier Community Status by maintaining safe City facilities. ATTACHMENTS: Description Contract Page 440 Attachment 1 - Contract AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 21st day of August, 2019, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and the Rancho Cucamonga Fire Protection District ("RCFPD") and Mijac Alarm, a Alarm Company ("Contractor"). RECITALS A. City and RCFPD has heretofore issued its request for proposals to perform the following services: Fire and burglar alarm system services ("the Project"). B. Contractor has submitted a proposal to perform the services described in Recital "A", above, necessary to complete the Project. C. City and RCFPD desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D. Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City and RCFPD hereby engages Contractor to perform all services described in Recitals "A" and "B" above, including, but not limited to n/a, all as more fully set forth in the Contractor's proposal, dated October 16, 2018 and entitled "Scope of Work", attached hereto as Exhibit "A", and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as "the Services." In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City and RCFPD, the Contractor will promptly meet with City and RCFPD staff to discuss any revisions to the Project desired by the City and RCFPD. Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Contractor's compensation based thereon. A revision pursuant to this Section that does not increase the total cost v ermur intutus PSA without professional liability insurance (contractor) Page I Last Revised: 10/02/13 Page 441 payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City's Manager without amendment. 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a "Schedule of Performance", if such Schedule is attached hereto as Exhibit "A". 1.4 Standard of Care. As a material inducement to City and RCFPD to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City and RCFPD of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City and RCFPD Representative. 2. Term of Agreement. The term of this Agreement shall be one (1) year(s) and shall become effective as of the date of the mutual execution by way of both parties signature (the "Effective Date"). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year(s) increments to a total of seven (7) years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager's approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City and RCFPD. 3. Compensation. 3.1 Compensation. City and RCFPD shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed $80,000 (eighty thousand dollars), including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City and RCFPD shall not withhold any federal, state or other taxes, or other v enuur intuaes PSA without professional liability insurance (contractor) Page 2 Last Revised: 10/02/13 Page 442 deductions. However, City and RCFPD shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City and RCFPD shall compensate Contractor for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City and RCFPD monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City and RCFPD shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City and RCFPD shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not -to -exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City and RCFPD. 5. Representatives. 5.1 City and RCFPD Representative. For the purposes of this Agreement, the contract administrator and City and RCFPD's representative shall be Paul Fisher, or such other person as designated in writing by the City and RCFPD ("City and RCFPD Representative"). It shall be Contractor's responsibility to assure that the City and RCFPD Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City and RCFPD to the City and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD required hereunder shall mean the approval of the City and RCFPD Representative. 5.2 Contractor Representative. For the purposes of this Agreement, Tamera Guarnieri is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Contractor's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor's Representative were a substantial inducement for City and RCFPD to enter into this Agreement. Therefore, the Contractor's Representative shall be responsible during the v enuur intuaes PSA without professional liability insurance (contractor) Page 3 Last Revised: 10/02/13 Page 443 term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City and RCFPD. 6. Contractor's Personnel. 6.1 All Services shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City and RCFPD business license as required by the City's Municipal Code. 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Contractor shall be responsible for payment of all employees' and subcontractors' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and RCFPD and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's violations of personnel practices and/or any violation of the California Labor Code. City and RCFPD shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City and RCFPD from Contractor as a result of Contractor's failure to promptly pay to City and RCFPD any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, "Work Product"), are considered to be "works made for hire" for the benefit of the City and RCFPD. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City and RCFPD without restriction or limitation upon its use or dissemination by City and RCFPD. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City and RCFPD. None of the Work Product shall be the subject of any v enuur intuaes PSA without professional liability insurance (contractor) Page 4 Last Revised: 10/02/13 Page 444 common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City and RCFPD. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City and RCFPD upon written demand by City and RCFPD for their delivery, notwithstanding any disputes between Contractor and City and RCFPD concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City and RCFPD's reuse of the Work Product for any purpose other than the Project, shall be at City and RCFPD's sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City and RCFPD by Section 7. 1, above, the Contractor shall be deemed to grant and assign to City and RCFPD, and shall require all of its subcontractors to assign to City and RCFPD, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City and RCFPD shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City and RCFPD has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City and RCFPD, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, harmless from any loss, claim or liability in any way related to a claim that City and RCFPD's use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City and RCFPD's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City and RCFPD the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City and RCFPD; or (b) modify the Work Product so that it becomes non -infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Contractor is, and shall at all times remain as to City and RCFPD, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City and RCFPD or v enuur intuaes PSA without professional liability insurance (contractor) Page S Last Revised: 10/02/13 Page 445 otherwise act as an agent of City and RCFPD. Neither City and RCFPD nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City and RCFPD. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City and RCFPD harmless from any and all taxes, assessments, penalties, and interest asserted against City and RCFPD by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees 9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City and RCFPD employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City and RCFPD. City and RCFPD shall grant such authorization if applicable law requires disclosure. All City and RCFPD data shall be returned to City and RCFPD upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City and RCFPD on any matter in connection with which Contractor has been retained. 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City and RCFPD shall have the right, at its sole and absolute discretion, to terminate this Agreement without v enuur intuaes PSA without professional liability insurance (contractor) Page 6 Last Revised: 10/02/13 Page 446 further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Contractor has no knowledge that any officer or employee of City and RCFPD has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City and RCFPD, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City and RCFPD, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials and RCFPD, (collectively, "Indemnitees"), free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City and RCFPD's choice, and shall pay all costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City and RCFPD, or the deposit with City and RCFPD, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subro ag tion. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. 11.4 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. v enuur intuaes PSA without professional liability insurance (contractor) Page 7 Last Revised: 10/02/13 Page 447 12. Insurance. 12.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees or subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City and RCFPD, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. (4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City and RCFPD. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this agreement. PSA without professional liability insurance (contractor) Last Revised: 10/02/13 v enuur intuaes Page 8 Page 448 12.4 Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and RCFPD and shall not reduce the limits of coverage. City and RCFPD reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City , RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, RCFPD, its officers, officials, employ designated volunteers or agents serving as independent contractors in the role of City and RCFPD officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD officials. Any insurance or self-insurance maintained by City , RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and RCFPD officials shall be in excess of Contractor's insurance and shall not contribute with it. (3) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor PSA without professional liability insurance (contractor) Last Revised: 10/02/13 v enuur intuaes Page 9 Page 449 fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City and RCFPD may procure such insurance at Contractor's sole cost and expense. (5) Each insurance policy required by this clause shall expressly waive the insurer's right of subrogation against City and RCFPD, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials. (6) Each policy shall be issued by an insurance company approved in writing by City and RCFPD, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City and RCFPD in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City and RCFPD with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker's Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City and RCFPD before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City and RCFPD with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of v enuur intuaes PSA without professional liability insurance (contractor) Page 10 Last Revised: 10/02/13 Page 450 this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor's work. Contractor shall require its subcontractors to be bound to Contractor and City and RCFPD in the same manner and to the same extent as Contractor is bound to City and RCFPD pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub -subcontractor. 13. Cooperation. In the event any claim or action is brought against City and RCFPD relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City and RCFPD might require. City and RCFPD shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City and RCFPD shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City and RCFPD exercises its right to terminate this Agreement, City and RCFPD shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City and RCFPD by reason of such termination, including any claim for compensation. City and RCFPD may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Contractor may terminate this Agreement for cause upon giving the City and RCFPD ten (10) business days prior written notice for any of the following: (1) uncured breach by the City and RCFPD of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City and RCFPD's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City and RCFPD: Paul Fisher, Management Analyst I 8794 Lion Street Rancho Cucamonga, CA 91730 PSA without professional liability insurance (contractor) Last Revised: 10/02/13 v enuur intuaes Page 11 Page 451 If to Contractor: Tamera Guarnieri, Office Manager 9339 Charles Smith Avenue Rancho Cucamonga, CA 91730 16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor's obligations hereunder without City and RCFPD's prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and compliance with other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at hqp://www.dir.ca.gov/dlsr/DPreWageDetennination.htm Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City and RCFPD, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City and RCFPD of any payment to Contractor constitute or be construed as a waiver by City and RCFPD of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City and RCFPD v enuur intuaes PSA without professional liability insurance (contractor) Page 12 Last Revised: 10/02/13 Page 452 shall in no way impair or prejudice any right or remedy available to City and RCFPD with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City and RCFPD. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: Mijac Alarm By: Name Title By: Name Date Date PSA without professional liability insurance (contractor) Last Revised: 10/02/13 City of Rancho Cucamonga By: Name Title Date City of Rancho Cucamonga Fire Protection District By: Name Date Vendor Initials Page 13 Page 453 Title Title (two signatures required if corporation) PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Vendor Initials Page 14 Page 454 EXHIBIT A SCOPE OF SERVICES PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Vendor Initials Page 15 Page 455 MIJAC ALARM YOUR BESTOEFENSE October 16, 2018 City of Rancho Cucamonga- Grounds Maintenance Building -FIRE 8408 Rochester Ave Rancho Cucamonga, CA 91730 Thank you for the opportunity to bid on your fire system. MIJAC Alarm, entering its 47th year in business, has established a reputation of quality service and installations that are unparalleled in the industry. Per our meeting the following is our proposal to install a voluntary fire alarm system in your building. PDF and CAD drawings will need to be supplied for fire alarm drawings can be done and submitted to county for approval. Fire Alarm: 1 -Honeywell addressable fire alarm panel and Annunciator keypad 1- Addressable pull station (back door) 1- Addressable smoke detector (manager's office) 6- Addressable Heat detectors (2 bathrooms and 4 in warehouses) 4- Wireless addressable Heat detector (remote buildings) 6- Horn/Strobes (2 exterior 4 interior) 2- Strobes only (both restrooms) All boxes and hangers for devices All fire wire, connectors and conduit Programming & Installation $19,870.00 (36 month contract) Monthly fee- $70.00 Monthly fee includes monitoring and maintenance on Mijac installed equipment as well as required BI - Annual testing by trained personnel. Fire Alarm Option: Customer can supply two installed dedicated phone lines by your provider or Mijac can install a U.L. approved cellular communicator for $795.00 Page 456 MIJAC ALARM YOUR BESTOEFENSB GENERAL PROVISIONS FOR INSTALLATION: Any bonding or insurance requirements will be charged above contract price. Any changes by contractor, Fire Department, owner, or et -al will initiate a change in contract price. Payment schedule unless other arrangements are made: ♦ 10% upon signing ♦ 40% upon delivery of equipment to Mijac to prepare for preprograming and installation ♦ Remainder upon completion (We understand that under a general contractor a 10% holdback may be imposed until final approval). FIRE ALARM PROVISIONS: ♦ Bid does not include engineered plans, Fire Department submittal, city licenses or permits. These services will be billed to customer as completed for re -imbursement as direct cost which Mijac will pay in advance on your behalf as required. ♦ Plan pricing predicated upon customer supplying Mijac with CAD digital drawings for fire plan submission. ♦ Dedicated 110 VAC power to be supplied by owner @ designated locations. ♦ Two phone lines, one dedicated, to be supplied by owner @ fire control panel if Wireless Communication link not selected. ♦ Underground conduit to PIV/OS&Y and/or between buildings provided by others with pull strings. ♦ Smoke Duct Detectors, Fire Dampers and/or Global Shutdown of HVAC units to be supplied, installed and powered by others. Mijac to supply dry closure relay off fire panel to interface with electrician's connections for fire shut down. ♦ Knox box to be provided and installed by owner if required by the Fire Department. ♦ Customer to supply lift or the cost thereof. ♦ All pricing is based on daily timer test from your fire panel, excessive signals could result in an additional charge. ♦ Any additions or changes by the city authority would initiate a change in price. ♦ Please note: Currently most Fire Departments may take between 5-9 weeks for plan check so prompt return of signed agreements, UL application, monitoring and maintenance agreement and deposit prior to submittal to Fire Department is necessary to avoid delays in your project. ♦ Mijac Alarm will provide fire alarm monitoring, testing, maintenance and runner service in accordance with NFPA 72 2013 Chapter 14. Yours for better security, ,4 Aiz�_,f Greg Stewart Security Consultant Mijac Alarm Page 457 MIJAC ALARM YOUR BESTOEFENSB October 16, 2018 City of Rancho Cucamonga- Grounds Maintenance Building -BURG 8408 Rochester Ave Rancho Cucamonga, CA 91730 Thank you for the opportunity to bid on your fire system. MIJAC Alarm, entering its 47th year in business, has established a reputation of quality service and installations that are unparalleled in the industry. Burglar Alarm: 1 -DSC Neo 32 zone alarm panel 1 -Alpha numeric keypad 1 -Wireless receiver 1 -Wireless repeater 8 -Wireless door transmitters 3 -Wireless PIR Motion Detectors (overhead bay, manager's ofc, entry hall) 3 -Armored overhead door switches (for overhead doors) 2 -Sirens (1 outdoor with blue strobe) 1 -Back up battery system 1- 4g cellular communicator (no phone required to send signals to central station) Programming & Installation $3,470.00 (36 month contract) Monthly fee $39.00 Additional Burglar Alarm options: A. Adding outdoor East & West gate. Cost: $ 130.00 each = $260.00 B. Adding North West paint storage door Cost $75.00 C. Adding mobile storage containers Cost $130.00 each = $260.00 D. Smart Phone Option —If you have a Smart phone with internet capabilities we can set the system up so your phone can act like a virtual keypad. You can arm or disarm the system remotely as well as being always notified when there is any activity on the alarm. You do not have to always be there to know if the facility is being opened or closed on time or if someone decides to come in when they are not supposed to you will be aware of it as soon as it happens i Cost $10.00 per month Page 458 MIJAC ALARM YOUR BESTOEFENSB GENERAL PROVISIONS FOR INSTALLATION: ♦ Any bonding or insurance requirements will be charged above contract price. ♦ Any changes by contractor, Fire Department, owner, or et -al will initiate a change in contract price. ♦ Phone line/Network connection to be supplied by owner if Wireless Communication link not selected. BURGLAR ALARM PROVISIONS: 110 VAC power to be supplied by owner. Customer to supply lift or the cost thereof. All pricing is based on a monthly timer tests from your burglar alarm panel, excessive signals could result in an additional charge. 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N 3 O � e -r M _rt O 3 M G1q � !v 3 3 n Q S M O CD n o, T O CD 3 4/� i/� W N W W �I J lD lD lD l0 Un U7 A 4�- N N p p 00 00 O O O O O O Page 462 Attachment A — Sample Waiver of Subrogation (Sample Only — Net all forms will leek identical to this Sample) TRAVELERS POLICY NUMBER. WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 0403 13 (00) - 01 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. [This agreement applies only to the etctent that you perform work under a written contract that requires you to obtain this agreement from us.y This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officink DESIGNATED ORGANIZATION: PSA without professional liability insurance (contractor) Last Revised: 1 "2/13 Vendor Initials Page 17 Page 463 Attachment B — Sample Additional Insured for On-going Projects POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured PersonIs) Or Or anization (s): Locations Of Covered ❑ pe ration s The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Information required to com pete this Schedule, if not shown above, will he shown in the Declarations. A. Section Il - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the locations) desig- nated above. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply. This insurance does not apply to "bodily injury" or "property damage' occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has teen put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project - 0 ISO Properties, Inc., 2004 PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 1 of 1 Q Vendor Initials Page 18 Page 464 DATE: TO: FROM: INITIATED BY: SUBJECT August 21, 2019 Mayor and Members of the City Council John R. Gillison, City Manager Matt Burris, Deputy City Manager Flavio Nunez, Management Analyst II CONSIDERATION OF A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND STEPHEN L. AGGAZZOTTI AND MARTHA AGGAZZOTTI TRUSTEES OF THE AGGAZZOTTI TRUST FOR PROPERTY COMMONLY KNOWN AS APN 0229-012-10-0000 GENERALLY LOCATED AT THE NORTHWEST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE AND CONSIDERATION TO AUTHORIZE AN APPROPRIATION IN THE AMOUNT OF $1,844,000 FOR THE PURCHASE. RECOMMENDATION: Staff recommends the City Council approve the Purchase and Sale Agreement, and the appropriation in the amount of $1,844,000 for the acquisition of vacant land generally located at the northwest corner of Arrow Route and Rochester Avenue (Subject Property) and authorize the City Manager to execute documents related to the purchase of the property. BACKGROUND: The subject property is located at the northwest corner of Arrow Route and Rochester Avenue (see attached map) and is zoned General Industrial. The site is approximately 1.92 acres of vacant land adjacent to the City's Adult Sports Complex and Animal Services Center. The subject property is owned by the DiCarlo Family Trust, as tenants in common, with 50% ownership interest and the Aggazzotti Trust, as tenants in common, with 50% ownership interest. ANALYSIS: The subject property is located at a key intersection in the City's industrial area and adjacent to major City facilities. The property is one of two remaining parcels adjacent to the City's Adult Sports Complex. The acquisition of this parcel provides the City with a unique opportunity to more effectively and efficiently modify or expand City services, including a larger Animal Center or additional open -space for recreation, in this area as service levels adjust to meet new demands as well as the needs of a growing population base. The City had previously purchased the northeast corner for a similar reason, primarily because the northwest corner has not previously been available when the City was interested. Upon the successful close of escrow, the City will consider its future options for the northeast corner. As part of the conditions to close, a Quit Claim Deed from the DiCarlo Family Trust in favor of the Aggazzotti Trust will be recorded. The City will then purchase the property from the Aggazzotti Trust. FISCAL IMPACT: Funds for the purchase of the vacant land, including closing costs in the amount of $1,844,000 will be Page 465 appropriated from the Capital Reserve Fund into account 1025001-5600 Capital Outlay -Land for the acquisition of the subject property. COUNCIL GOAL(S) ADDRESSED: The acquisition of this vacant site achieves the City Council's Goal to enhance the City's premier community status. As the City matures, there is less developable land that affords the ability to undertake development projects to enhance Rancho Cucamonga's position as a premier community in the region. The subject property is located adjacent to major City facilities providing a unique opportunity for future City services. ATTACHMENTS: Description Location Map Purchase and Sale Agreement Page 466 Attachment 1— Location Map MEN mgui P0 44 SEBASTIAN WAY ;;0 L RC SPORST CENTER jw I I ADULT SPORTS ICOMPLEX ry ZI SUBJECT !ROPERTY GOALS PROPERTY WL 'ANIMAL SERVICES CELLEAR��W �Nlj�l�� SER ARRO;WROUTE AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS (this "Agreement") is dated as of August 21, 2019 (the "Execution Date"), and is entered into by and between STEPHEN L. AGGAZZOTTI and MARTHA AGGAZZOTTI, Trustees of the Aggazzotti Trust dated August 2, 2012, as the separate property of Stephen L. Aggazzotti (collectively, "Seller"), and the CITY OF RANCHO CUCAMONGA ("Buyer") (collectively, the "Parties" and each, a "Party"). RECITALS A. Seller is or will be the sole owner of the land described on Exhibit "A" and any appurtenant easements, and any and all improvements and fixtures thereon (collectively, the "Property"). B. Buyer desires to purchase the Property from Seller, and Seller desires to sell the Property to Buyer. NOW, THEREFORE, in consideration of $5.00, the mutual terms and covenants herein, and other consideration, the sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. OBLIGATION TO PURCHASE AND SELL; PURCHASE PRICE. 1.1 Sale and Purchase. Seller agrees to sell the Property to Buyer and Buyer agrees to purchase the Property upon the terms and conditions hereinafter set forth. 1.2 Purchase Price. The purchase price ("Purchase Price") for the Property shall be ONE MILLION EIGHT HUNDRED THIRTY-NINE THOUSAND NINE HUNDRED SEVENTY AND NO/100 DOLLARS ($1,839,970.00). The Purchase Price shall be paid to Seller at Close of Escrow (as defined in Section 3.3 below) in immediately available funds. 2. TITLE; OTHER DISCLOSURES AND DUE DILIGENCE. 2.1 Title Matters. Title to the Property shall be conveyed by a grant deed in the form attached hereto as Exhibit `B" and shall be evidenced by an owner's Policy of Title Insurance in the amount of the Purchase Price, issued by Commonwealth Land Title Insurance Company, 888 S. Figueroa St., Suite 2100, Los Angeles, CA 90017 (Title Officer: Chris Maziar; Escrow Officer: Carolyn Lamascus) ("Title Company" and "Escrow Holder", respectively), insuring fee title to the Property, as vested in Buyer, free and clear of all liens and encumbrances and other matters affecting title to the Property, except the following (which shall constitute "Approved Title Exceptions"): 2.1.1 Non -delinquent real property taxes and assessments; 2.1.2 Any other title exceptions expressly approved by Buyer in writing. -1- 1123 1-000 1 \2211965v6. doc Page 468 The term "Approved Title Exceptions" shall not, however, include any deeds of trust or other liens (except for liens for the property taxes and assessments described in Section 2. 1.1 above), or any exception (a "DiCarlo Exception") relating to (i) any interest of Samuel V. DiCarlo or Barbara J. DiCarlo, as trustees, or (ii) any interest of the Samuel and Barbara DiCarlo Revocable Family Trust. If Buyer disapproves any title matter, and Seller does not cause the title matter to be removed within ten (10) business days after written notice from Buyer of the applicable disapproved title matter, then Buyer may terminate this Agreement by written notice to Seller on or before the scheduled Closing Date (defined in Section 3.3 below). If the Close of Escrow fails to occur due to the presence of a DiCarlo Exception (such that an owner's title policy cannot be issued free of all such title exceptions), then Buyer may terminate this Agreement by written notice to Seller, Seller shall pay all escrow cancellation charges and all title report charges incurred by Buyer, and the foregoing shall survive the termination of this Agreement. 2.2 Acts After Date of Agreement. From the Execution Date through the Close of Escrow (defined in Section 3.3 below), Seller shall not (i) execute, record, or file for record or permit to be executed, recorded or filed for record any document or instrument that will affect the title to or use of the Property without the prior written consent of the Buyer, in its sole and absolute discretion; or (ii) improve or otherwise alter the Property or permit it to be improved or altered. 2.3 Documents. Within seven (7) days after the Effective Date, Seller shall deliver to Buyer copies of all documents in Seller's possession relating to the Property. Buyer shall have the right to disapprove any such documents that may adversely affect or show facts that adversely affect the Property or use thereof, and based on such disapproval, terminate this Agreement by written notice to Seller prior to the end of the Investigation Period. 2.4 Investigation Period. It is understood and agreed upon and between the parties hereto that Buyer's acquisition of the Property is subject to and conditioned upon its inspection of the Property, including, without limitation, soils conditions and the absence from the Property of Hazardous Materials. The Investigation Period shall expire at 5 p.m. on the earlier of. (i) the date on which the Buyer delivers to Seller written notice of approval of the condition of the Property and title to the Property, or (ii) the date that is seventy-five (75) days after the Execution Date, unless extended by the City Manager in writing for up to thirty (30) days if necessary to complete Phase II environmental investigations (the "Investigation Period"). Commencing on the date of this Agreement, Buyer and its agents, employees, consultants and representatives may enter upon the Property to investigate, conduct and carry out any and all inspections, tests and studies as Buyer deems appropriate regarding the physical condition of the entire Property. Such inspections may include, but not be limited to, surveys, the condition of soils, storm drainage, utility hookups and archaeological testing. Buyer shall have the right to terminate this Agreement at any time prior to the expiration of the Investigation Period by delivering to Seller written notice of Buyer's election to terminate this Agreement no later than the expiration of the Investigation Period in which event this Agreement shall be deemed canceled. Buyer shall indemnify, defend and hold Seller harmless from and against any claims whether by Buyer, Buyer's agents and employees, or by third parties resulting from Buyer's -2- 1123 1-000 1 \2211965v6. doc Page 469 entry upon or the conduction of any tests of the Property; provided, however, the foregoing indemnity, defend and hold harmless obligations and the provisions above shall not apply to any loss, liability, cost, claim, damage, injury or expense to the extent arising from or related to the negligence or intentional misconduct of Seller, Seller's employees and officers, as applicable. If this Agreement is terminated or if escrow fails to close for any reason, Buyer shall promptly restore the Property to the same condition as existed prior to Buyer's undertaking of any testing or inspection. Buyer's obligations and duties hereunder shall survive the closing or termination of this Agreement. 3. ESCROW. 3.1 Opening of Escrow. Upon the full execution of this Agreement, the Parties shall deliver a copy of this executed Agreement to the Title Company and shall request that an escrow be opened at the Title Company for this transaction. 3.2 Escrow Instructions. This document shall be considered as the escrow instructions between the Parties, with such further instructions as Escrow Holder requires in order to clarify the duties and responsibilities of Escrow Holder; however, each party may deliver separate escrow instructions to Escrow Holder provided they are consistent with this Agreement. 3.3 Close of Escrow. For the purposes of this Agreement, "Close of Escrow" shall be the date on which the grant deed in favor of Buyer is recorded in the Official Records of the San Bernardino County Recorder's Office. The Close of Escrow shall occur within five (5) business days after the Investigation Period, as may be extended by Seller and the City Manager of Buyer in writing ("Closing Date"). All risk of loss or damage with respect to the Property shall pass from Seller to Buyer on the Closing Date. 3.4 Buyerquired to Deliver. At least one (1) business day prior to the date of Close of Escrow, Buyer shall deposit into escrow the following (properly executed and acknowledged, if applicable): 3.4.1 The Purchase Price; 3.4.2 A Certificate of Acceptance for the grant deed, in the form attached to the form of grant deed attached hereto as Exhibit `B". 3.4.3 Any costs to be paid by Buyer under Section 3.9 below; 3.4.4 All other documents contemplated by this Agreement and reasonably required by Escrow Holder, Title Company or Seller. 3.5 Seller Required to Deliver. At least one (1) business day prior to the date of Close of Escrow, Seller shall deposit into escrow the following: 3.5.1 A grant deed conveying the Property to Buyer, in the form attached hereto as Exhibit `B", duly executed and acknowledged by Seller (the "Grant Deed"); -3- 1123 1-000 1 \2211965v6. doc Page 470 3.5.2 Federal ("Firpta") and California (590) withholding certificates such that no tax withholding is required of Buyer or Escrow Holder; 3.5.3 Any other documents contemplated by this Agreement or reasonably required by Escrow Holder, Title Company or Buyer (including grant deeds from other owners to Seller so that Seller may convey title to Buyer, and Title Company can issue the Title Policy to Buyer without any exceptions for other owners). 3.6 Conditions to the Close of Escrow; Default by Seller. Escrow shall not close unless and until the Parties have deposited with Escrow Holder all sums and documents required to be deposited as provided in this Agreement. The failure of a Party to timely deposit any such sums and/or documents shall constitute a default by such Party. Buyer's obligation to close is also subject to the Title Company issuing, or irrevocably and unconditionally committing in writing to issue, the Title Policy to Buyer in the amount of the Purchase Price showing fee title to the Property to be vested in Buyer, subject only to the Approved Title Exceptions. In the event that the conditions to Close of Escrow are not timely satisfied for a reason other than a default of Buyer or Seller under this Agreement, then upon termination of this Agreement, Escrow Holder shall promptly return to Buyer all funds (and all interest accrued thereon, if any) and documents deposited by Buyer in escrow and to return to Seller all documents deposited by Seller in escrow and which are held by Escrow Holder on the date of the termination (less, in the case of the party otherwise entitled to such funds, however, the amount of any cancellation charges required to be paid by such party below). In the event the sale of the Property is not consummated because of a default under this Agreement by Seller, Buyer may either: (i) terminate this Agreement by delivery of written notice of termination to Seller (and reserve its rights to pursue damages), or (ii) continue this Agreement and bring an action for specific performance hereof. 3.7 Recordation of Grant Deed; Delivery of Funds. Upon receipt of the funds and instruments described in this Section, Escrow Holder shall cause the Grant Deed to be recorded in the office of the County Recorder of San Bernardino, California, and shall deliver the Purchase Price to Seller. 3.8 Prorations. All property taxes must be current. All assessments (if any) shall be prorated between Buyer and Seller as of the Close of Escrow based on the latest available assessment information. Buyer is exempt from property taxes and shall not be allocated any property taxes, by proration or otherwise. (Seller may seek a refund of any overpaid property taxes and Buyer shall cooperate in good faith in connection therewith.) 3.9 Costs of Escrow. Buyer and Seller shall each pay 50% of all escrow charges; Seller shall pay CLTA/Standard title insurance costs, any transfer taxes, and recording fees, and Buyer shall pay for any ALTA survey obtained by Buyer and any extended title coverage and any endorsements. 3.10 Broker's Commissions. Buyer and Seller represent to one another that no broker or finder has been engaged by it in connection with the transaction contemplated by this -4- 1123 4- 1123 1-000 1 \2211965v6. doc Page 471 Agreement, or to its knowledge is in any way connected with such transaction. Each Party covenants and agrees that any broker fee or commission, which may be due or payable in connection with the closing of the transaction contemplated by this Agreement through its dealings with that Party, shall be borne solely by that Party, and in the event that any other broker or finder makes a claim for a commission or finder's fee based upon any contact, dealings or communication, the Party whose conduct is the basis for the broker or finder making its claim shall indemnify, defend and hold harmless the other Party against and from any commission, fee, liability, damage, cost and expense including, without limitation, attorneys' fees, arising out of or resulting from any such claim. The provisions of this Section shall survive the Close of Escrow, or in the event that the Close of Escrow does not occur, the termination of this Agreement. 3.11 Escrow Cancellation Charges. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges. 4. ATTORNEYS' FEES. If either party fails to perform any of its obligations under this Agreement, or if any dispute arises between the parties concerning the meaning or interpretation of any provision of this Agreement, then the defaulting party or the party not prevailing in such dispute, as the case may be, shall pay all costs and expenses incurred by the other party on account of such default or in enforcing or establishing its rights hereunder, including, without limitation, court costs and reasonable attorneys' fees and disbursements. Any such attorneys' fees and other expenses incurred by either party in enforcing a judgment in its favor under this Agreement shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorneys' fees obligation is intended to be severable from the other provisions of this Agreement and to survive and not be merged into any such judgment. The terms of this Section shall survive the termination of this Agreement and/or the Close of Escrow, as applicable, and shall not be merged with the recordation of the Grant Deed. 5. NOTICES. All notices, requests, demands and other communication given or required to be given hereunder shall be in writing and sent by (i) first class United States registered or certified mail, postage prepaid, return receipt requested, or (ii) a nationally recognized overnight courier service such as Federal Express, duly addressed to the parties as follows: To Seller: Aggazzotti Trust Stephen Aggazzotti 467 Havenside Avenue Newbury Park, CA 91320-4826 To Bum: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager Delivery of any notice or other communication hereunder shall be deemed made on the date indicated in the return receipt or courier's records as the date of delivery or as the date of -5- 1123 1-000 1 \2211965v6. doc Page 472 first attempted delivery. Any Party may change its address for purposes of this Section by giving written notice to the other Party as herein provided. 6. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned by either Party without the prior written consent of the other Party. 7. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein, and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose. No provision of this Agreement may be amended, supplemented or in any way modified except by an agreement in writing signed by the Parties hereto or their respective successors in interest and expressly stating that it is an amendment of this Agreement. 8. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 9. TIME OF THE ESSENCE. Time is of the essence of this Agreement. 10. SEVERABILITY. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, unless such invalidity, illegality or unenforceability materially affects the economic terms of the transactions contemplated by this Agreement or the ability of either party to perform its obligations under this Agreement. 11. ADDITIONAL DOCUMENTS/FURTHER ASSURANCES. Each party hereto agrees to perform any further acts and to execute, acknowledge and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. 12. WAIVER OF RELOCATION RIGHTS/BENEFITS. Seller hereby waives and agrees not to assert any claims for relocation benefits to which Seller might be entitled. 13. JURISDICTION. The Parties agree that the courts of the State of California shall have jurisdiction over any dispute. Im 1123 1-000 1 \2211965v6. doc Page 473 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. SELLER: BUYER: CITY OF RANCHO CUCAMONGA Stephen Aggazzotti, Trustees of the By: Aggazzotti Trust dated August 2, 2012, as the separate property of Stephen L. Aggazzotti Martha Aggazzotti, Trustees of the Aggazzotti Trust dated August 2, 2012, as the separate property of Stephen L. Aggazzotti 1123 1-000 1 \2211965v6. doc Attest: L. Dennis Michael, Mayor Janice C. Reynolds, City Clerk APPROVED AS TO FORM: WE -7- James Markman, City Attorney Page 474 EXHIBIT "A" LEGAL DESCRIPTION [All that certain real property situated in the County of San Bernardino, State of California, described as follows: THE EAST HALF OF LOT 24, ROCHESTER TRACT, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO PLAT FILED IN BOOK 9, PAGE 20 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY. EXCEPTING THEREFROM THE SOUTH 30 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION TAKEN BY RANCHO CUCAMONGA REDEVELOPMENT AGENCY IN FINAL ORDER OF CONDEMNATION RECORDED MAY 10, 1994 AS INSTRUMENT NO. 94-304715 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION TAKEN BY RANCHO CUCAMONGA REDEVELOPMENT AGENCY IN FINAL ORDER OF CONDEMNATION RECORDED FEBRUARY 21, 1995 AS INSTRUMENT NO. 95-108197 OF OFFICIAL RECORDS. Assessor's Parcel Number: 0229-012-10 A-1 1123 1-000 1 \2211965v6. doc Page 475 EXHIBIT `B" FORM OF GRANT DEED (WITH FORM OF CERTIFICATE OF ACCEPTANCE) (Attached.) 11231-0001 \2211965v6.doc Page 476 RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO (AND SEND ASSESSMENT STATEMENTSBILLS TO): City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Clerk APN: 0229-012-10 GRANT DEED [SPACE ABOVE FOR RECORDER'S USE ONLY] THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: The undersigned declares that this Grant Deed is exempt from Recording Fees pursuant to California Government Code Section 27383, and that this Grant Deed is exempt from documentary transfer taxes as a conveyance to a public entity. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, STEPHEN L. AGGAZZOTTI and MARTHA AGGAZZOTTI, Trustees of the Aggazzotti Trust dated August 2, 2012, as the separate property of Stephen L. Aggazzotti ("Grantor"), hereby grant to the CITY OF RANCHO CUCAMONGA, a municipal corporation ("Grantee") the land located in the County of San Bernardino, State of California, more particularly described on Exhibit A attached hereto and incorporated herein by reference and all improvements and fixtures thereon (collectively, the "Property"). IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth below. Dated: 12019 Stephen Aggazzotti, Trustees of the Aggazzotti Trust dated August 2, 2012, as the separate property of Stephen L. Aggazzotti Martha Aggazzotti, Trustees of the Aggazzotti Trust dated August 2, 2012, as the separate property of Stephen L. Aggazzotti 1 1 23 1-000 1 \2211965v6. doc Page 477 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On personally appeared before me, , a Notary Public Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 1 1 23 1-000 1 \2211965v6. doc ❑ General Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here Page 478 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On Notary Public personally appeared before me, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) claimed by Signer(s) Number of Pages: 1 1 23 1-000 1 \2211965v6. doc Page 479 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 1123 1-000 1 \2211965v6. doc ❑ General RIGHT THUMBPRINT OF SIGNER Top of thumb here Page 480 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT On Notary Public personally appeared before me, Place Notary Seal Above a who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ❑ General Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here 1 1 23 1-000 1 \2211965v6. doc Page 481 Exhibit A to Grant Deed LEGAL DESCRIPTION [All that certain real property situated in the County of San Bernardino, State of California, described as follows: THE EAST HALF OF LOT 24, ROCHESTER TRACT, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO PLAT FILED IN BOOK 9, PAGE 20 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY. EXCEPTING THEREFROM THE SOUTH 30 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION TAKEN BY RANCHO CUCAMONGA REDEVELOPMENT AGENCY IN FINAL ORDER OF CONDEMNATION RECORDED MAY 10, 1994 AS INSTRUMENT NO. 94-304715 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION TAKEN BY RANCHO CUCAMONGA REDEVELOPMENT AGENCY IN FINAL ORDER OF CONDEMNATION RECORDED FEBRUARY 21, 1995 AS INSTRUMENT NO. 95-108197 OF OFFICIAL RECORDS. Assessor's Parcel Number: 0229-012-10] 1123 1-000 1 \2211965v6. doc Page 482 CERTIFICATE OF ACCEPTANCE (California Government Code Section 2728 1) This is to certify that the interest in real property conveyed by that certain Grant Deed dated , 2019 from the Aggazzotti Trust and the Samuel and Barbara DiCarlo Revocable Family Trust, to the City of Rancho Cucamonga, which is a political corporation, is hereby accepted by the undersigned officer on behalf of the City of Rancho Cucamonga pursuant to the authority conferred by action of the City Council of the City of Rancho Cucamonga on , 2019, and the grantee consents to recordation thereof by its duly authorized officer. Dated: 20]9 John Gillison City Manager 1123 1-000 1 \2211965v6. doc Page 483 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On Notary Public personally appeared before me, Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) claimed by Signer(s) Number of Pages: 1 1 23 1-000 1 \2211965v6. doc Page 484 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 1123 1-000 1 \2211965v6. doc Page 485 DATE: August 21, 2019 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Rob Ball, Fire Marshal SUBJECT: CONSIDERATION OF A FIRE PROTECTION DISTRICT RESOLUTION WAIVING THE COLLECTION OF CERTAIN INSPECTION, PERMIT, AND SPECIAL SERVICES FEES FOR FISCAL YEAR 2019-20. RECOMMENDATION: Staff recommends the Board approve and adopt a resolution which waives the collection of certain Inspection, Permit, and Special Services Fees that were previously approved by the Board and which would otherwise be collected for Fiscal Year 2019-20. BACKGROUND: Resolution FD 13-032, approved in 2013 by the Board, requires the District to complete an annual analysis of the approved fees to determine if there is a current need to collect the fees, in whole or in part, to meet the fiscal needs of the District. Upon completion and presentation of this analysis, the Board is required to direct staff, by means of a resolution, regarding the collection of fees for the current fiscal year. This will mark the 7th consecutive fiscal year consideration has been given to waiving the collection of certain inspection, permit and special services fees. ANALYSIS: Pursuant to Resolution FD 13-032, staff conducted a review of currently approved fees in conjunction with the preparation of the Fiscal Year 2019-20 budgets. Staff determined that the existing financial condition of the District is such that there does not exist a fiscal need to collect certain Inspection, Permit, and Special Services Fees. As such, the District's budgets for Fiscal Year 2019-20 were prepared without including the projected revenue for most Inspection, Permit, and Special Services Fees. Since the budgets do not include the collection of most of these fees, a Resolution has been prepared for the Board's consideration that will direct Staff to waive the collection of certain fees for Fiscal Year 2019-20. Consistent with previous fiscal years, the Inspection and Permit Fees that will not be collected this fiscal year are: 1 ) Fees previously approved for recurring inspections of facilities such as apartment buildings, hospitals, and medical care businesses. These are buildings and businesses that are regularly Page 486 inspected, either by State mandate or by way of being identified as high hazard facilities, which do not require a Fire Code Operating Permit. 2) Fees previously approved for Fire Code Operating Permits for certain hazardous and high-risk business operations that the Fire Code requires to be permitted by the local fire department. The permitting process anticipates that the business and its associated operations will be inspected on a regular basis to ensure compliance with all of the safety requirements for the particular operation or occupancy as conditioned by the permit. These fees are detailed in Exhibit A of the Resolution. Also consistent with previous fiscal years, the collection of fees for certain Special Services are waived when the required inspections and safety oversight monitoring can be completed during normal work hours. These fees are detailed in Exhibit B of the Resolution. As in previous fiscal years, the fees that will continue to be collected include: 1) Special Services Fees such as those approved for special events, fireworks shows, carnivals, and particularly hazardous situations such as open burning that require oversight by Prevention staff. These fees are generally associated with the need to pay overtime to Prevention staff who inspect these one- time activities and events typically during non -business hours. 2) Special Services Fees such as fees for Community Facilities District (CFD) annexations which cover administrative processing costs. 3) Fees for certain false or unwanted alarms and fees imposed for excessive re -inspections. 4) Fees for District supplied signs and equipment such as the cost recovery fees for District supplied padlocks that secure and provide firefighter access to gates throughout the Fire District and the District created signs that let firefighters know where access is obstructed, where ladder points for roof access are located, and where photovoltaic systems have been installed. It is certainly worth noting that waiving the collection of these Inspection, Permit, and Special Services Fees will have a positive economic impact in the community. Business revenues that would otherwise have been set aside for fees can be invested in the business, its employees, and the community. FISCAL IMPACT: Based on previous revenue reports and projections, it is anticipated that waiving the collection of these fees for service could reduce Fire District -revenue by as much as $750,000 for the current fiscal year. COUNCIL GOAL(S) ADDRESSED: Ensure that fees are covering costs and where needed, make adjustments accordingly, including reductions or increases, as appropriate. ATTACHMENTS: Description Page 487 Attachment 1 - Resolution Attachment 2 - Exhibit A Attachment 3 - Exhibit B ATTACHMENT #1 RESOLUTION NO. FD 19-xxx A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, WAIVING THE COLLECTION OF CERTAIN INSPECTION, PERMIT, AND SPECIAL SERVICES FEES FOR FISCAL YEAR 2019-20. WHEREAS, Resolution No. FD 13-032 requires the Rancho Cucamonga Fire Protection District (Fire District) to complete an annual analysis of the approved fees to determine if there is a current need to collect the fees, in whole or in part, to meet the fiscal needs of the Fire District; and WHEREAS, Fire District staff completed this analysis in conjunction with preparing the fiscal year 2019-20 budgets; and WHEREAS, Fire District staff determined that there does not exist a fiscal need to collect certain fees previously approved by the Board; and WHEREAS, the Fire District budgets for fiscal year 2019-20 have been approved; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HEREBY RESOLVES, 1) To waive the collection of the Inspection and Permit fees identified in Exhibit A and to waive the collection of the Special Services fees identified in Exhibit B when those Special Services can be provided during normal work hours. 2) That all other approved fees will be assessed and collected. 3) That nothing in this Resolution shall be deemed to affect any other fees of the Fire District currently in effect. PASSED, APPROVED, AND ADOPTED this day of 2019. Resolution No. 19-xxx Page 1 of 1 Page 489 Exhibit ATTACHMENT #2 Resolution No. FD 19-xxx Inspection and Permit Fees Inspection Fees Apartment Building / Complex Annual Inspection Buildings with 3 or 4 units $ 165 Buildings with 5 to 7 units $ 220 Buildings with 8 units $ 330 Each additional dwelling unit (per unit) $ 11 Condominium Complex Annual Inspection $ 330 High Rise Building annual inspection (per hour) $ 110 Hotel / Motel Annual Inspection $ 550 First 10 rooms $ 330 Each additional dwelling unit (per unit) $ 11 Licensed Care Facility $ 110 Pre -inspection - 25 or fewer residents $ 50 Pre -inspection - more than 25 residents $ 100 Annual Inspection Home Car Facility (more than six) $ 220 Commercial facility - first 10 rooms $ 330 Commercial facility - each additional room $ 11 Large Family Day Care annual inspection $ 110 Adult / Child Care Facility (Group 1-4 occupancies) $ 330 Private School / Large Child Care Facility (Group E occupancy) Small School - Less than 50 children $ 220 Large School - 50 or more children $ 330 Medical Facility Hospital / Nursing Home (Group 1-2.1) $ 660 Clinic $ 220 Ambulatory Care Facility (group 1-2.1) $ 330 Alternate Method Annual Inspection (per hour) $ 110 Permit Fees Access Control Commercial $ 165 Residential (requires monthly testing) $ 550 Aerosol Products $ 550 Ambulatory Health Care Facility $ 220 Amusement Building $ 275 Aviation Facility Servicing or Repair $ 550 Fuel Servicing Vehicles $ 220 Battery Charging Operation $ 220 Carbon Dioxide Systems Used in Beverage Dispensing $ 110 Cellulose Nitrate Film $ 330 Exhibit A Page 1 of 5 Page 490 Permit Fees, continued Combustible Dust Producing Operations 5,000 square feet or less $ 275 5,001 to 15,000 square feet $ 550 More than 15,000 square feet $ 715 Combustible Fibers $ 275 Commercial Cooking Operation $ 220 Compressed Gases Corrosive greater than 200 cubic feet $ 330 Flammable greater than 200 cubic feet $ 330 Highly toxic - any amount $ 330 Inert / Simple Asphyxiant greater than 6,000 cu ft $ 330 Irritant greater than 200 cubic feet $ 330 Medical Use Gases - Less than Table 105.6.8 Portable cylinders $ 165 Piped system $ 220 Other Health Hazard greater than 650 cubic feet $ 330 Oxidizing / oxygen greater than 504 cubic feet $ 330 Pyrophoric - any amount $ 330 Radioactive - any amount $ 330 Sensitizer greater than 200 cubic feet $ 330 Toxic - any amount $ 330 Unstable reactive - any amount $ 330 Covered Mall Building $ 658 Cryogenic Fluids $ 330 Cutting and Welding $ 275 Delayed Egress $ 165 Dipping Operations $ 330 Dry Cleaning Plant Small - 1 or 2 machines $ 220 Medium - 3 or 4 machines $ 330 Large - 5 or more machines $ 715 Explosives Process, manufacture, store, or sell $ 345 Use $ 240 Fire Alarm Services $10/acct Fire Hydrants and Valves $ 165 Exhibit A Page 2 of 5 Page 491 Permit Fees, continued Flammable and Combustible Liquids Class I liquids in excess of 5 gal. in a building; 10 gal. outside of a building Class II or Class IIIA in excess of 25 gal. in a building; 60 gal. outside of a building 250 gallons or less over max allowable quantity 251-500 gallons over max allowable quantity 501-1,000 gallons over max allowable quantity 1,001-5,000 gallons over max allowable quantity 5,001-10,000 gallons over max allowable quantity More than 10,000 gallons over max allowable quantity Remove Class I or Class II from a UST Operate tank vehicles, etc Place a tank out of service Change contents Manufacture, Process, Blend, Refine Dispensing at Commercial, Industrial, Gov't site Dispense - Tank vehicle to fuel tank Use or Operate a pipeline within a facility Floor Finishing in excess of 350 sq ft with Class I or II liquids Commercial / Industrial Residential Fruit and Crop Ripening Hazardous Materials in excess of amounts listed in Table 105.6.2 Gallons - 250 or fewer Gallons - 251-500 Gallons - 501-1,000 Gallons - 1,001-5,000 Gallons - 5,001-10,000 Gallons - More than 10,000 Pounds - 1,000 or fewer Pounds - 1,001-5,000 Pounds - 5,001-10,000 Pounds - 10,001-25,000 Pounds - 25,001-50,000 Pounds - More than 50,000 Cubic feet - 500 or fewer Cubic feet - 501-2,000 Cubic feet - 2,001-5,000 Cubic feet - 5,001-10,000 Cubic feet - 10,001-25,000 Cubic feet - More than 25,000 HPM Facilities $ 165 $ 165 $ 550 $ 578 $ 605 $ 633 $ 660 $ 688 $ 936 $ 330 $ 936 $ 550 $ 1,128 $ 330 $ 330 $ 743 $ 240 $ 136 $ 550 $ 550 $ 578 $ 605 $ 633 $ 660 $ 688 $ 550 $ 578 $ 605 $ 633 $ 660 $ 688 $ 550 $ 578 $ 605 $ 633 $ 660 $ 688 $ 440 Exhibit A Page 3 of 5 Page 492 Permit Fees, continued High Piled Combustible Storage in excess of 500 square feet 500-75,000 square feet $ 550 75,001-500,000 square feet $ 605 More than 500,000 square feet $ 660 Hot Work $ 330 Hot Work Fixed Site $ 275 Hot Work Operations $ 220 Hot Work Program $ 165 Operational Permits Industrial Facility/ Shop Includes all required permits; if actual fees are lower, actual fees will apply 2,500 square feet or less $ 240 2,501-5,000 square feet $ 330 5,001-15,000 square feet $ 550 15,001-50,000 square feet $ 743 More than 50,000 square feet - Actual permit fees Industrial Ovens $ 330 Large Family Day Care $ 110 Liquid- or Gas -Fueled vehicles or equipment in Assembly area or occupancy $ 165 LP -gas Store, Use, Handle, Dispense, Sell $ 220 Industrial Trucks and Equipment Only (4 cylinder maximum) $ 165 Cylinder Exchange only $ 110 Live Audience $ 240 Lumber Yard and/or Wood Working Plant $ 440 Magnesium $ 330 Miscellaneous Combustible Storage $ 220 Mobile Motor Fuel Dispensing $ 165 Motor Fuel Dispensing Facility - Commercial $ 330 Motor Fuel Dispensing Facility - Residential $ 110 Open Flames Open Flames and torches for paint removal $ 110 Open Flames and torches in a hazardous fire area $ 110 Open Flames and candles in Assembly and Education occupancies $ 110 Organic Coatings $ 330 Pallet Storage $ 275 Place of Assembly A-1 Theaters, Concert Halls, Auditoriums $ 440 A-2 Banquet Halls, Night Clubs, Restaurants, Taverns, Bars $ 330 A-3 Places of Worship, Recreation, Amusement $ 330 A-4 Indoor sports arenas and similar - fixed seats $ 440 A-5 Outdoor assembly area and/or use $ 660 Powder Coating $ 330 Private Fire Hydrant $ 165 Exhibit A Page 4 of 5 Page 493 Permit Fees, continued Production Facility $ 385 Pyrotechnical Special Effects Material (see Fireworks) Pyroxylin Plastics $ 440 Recycling and Scrap Metal Facility $ 550 Refrigeration Equipment $ 275 Reinforced Plastics / Resin Application $ 330 Repair Garage Includes all required permits; if actual fees are lower, actual fees will apply 2,500 square feet or less $ 240 2,501-5,000 square feet $ 330 5,001-15,000 square feet $ 550 15,001-50,000 square feet $ 743 More than 50,000 square feet - Actual permit fees Rooftop Heliport $ 220 Spraying Operations $ 330 Stationary Storage Battery System $ 330 Storage of Scrap Tires and Byproducts $ 220 Tire Rebuilding Plant $ 1,128 Waste Handling Facility $ 550 Wood Products $ 440 Wrecking Yard / Junk Yard $ 550 Exhibit A Page 5 of 5 Page 494 Exhibit B Resolution No. FD 19-xxx Special Services Fees ATTACHMENT #3 Special Amusement Building (Haunted House) Inspection $ 275 Asphalt Kettle Hot Work Non -pumping and less than 150 gallons $ 110 Pumping or more than 150 gallons $ 220 Carnivals, Fairs, and Outdoor Public Assemblages $ 220 Commercial cooking operation at outdoor event $ 136 Exhibits and Tradeshows $ 220 Explosives / Blasting Agents - single day permit $ 220 Hazardous Materials Tank - Remove or Abandon $ 715 Liquid or gas fueled vehicles in Assembly area $ 165 Live Audience $ 220 Open Burning or Bonfire $ 110 Open Flames - torches for paint removal $ 110 Open Flames - welding, brazing, soldering, etc in wildland fire area $ 110 Open Flames and fires in Group A or E occupancies $ 110 Parade - inspection of floats $ 110 Recreational Fire $ 110 Seasonal Sales Lot $ 136 Tent or Temporary membrane Structure $ 220 Torch Applied Roof Hot Work Patch / Repair (500 sq ft or less) $ 110 Roof Replacement (more than 500 sq ft) $ 165 Exhibit B Page 1 of 1 Page 495 DATE: TO: FROM: INITIATED BY: SUBJECT: August 21, 2019 Mayor and Members of the City Council John R. Gillison, City Manager Alberto Espinoza, Interim Public Works Services Director Dean Rodia, Parks and Landscape Superintendent CONSIDERATION TO APPROVE THE RENEWAL OF CONTRACT CO 13- 227 WITH TOT LOT PROS FOR PLAYGROUND RESURFACING MAINTENANCE IN AN AMOUNT NOT TO EXCEED $848,900 FOR FY 2019/2020. RECOMMENDATION: Staff recommends the City Council approve Amendment No. 3 to contract CO 13-227 with Tot Lot Pros extending the term of the contract to June 30, 2020 in an amount not to exceed $848,900 for FY 2019/2020 for the one year remaining on the contract. 13[44:CcaZe111111L I Ili The City has 31 parks with 59 playground structures that are standardized and equipped with an impact attenuation surface material. As part of the City's commitment to provide safe and sustainable playgrounds throughout the community, unitary poured in place rubber surfacing continues to be used at all parks. To ensure proper maintenance of surface material in the playgrounds, all work must be done by a contractor approved by the product manufacturer of the surface material. On September 17, 2013, the City Council approved of the single source vendor selection and authorized contract CO 13-227 with Tot Lot Pros, a manufacturer -approved contractor, for playground resurfacing maintenance. The term of contract CO 13-227 is one year, with the option to renew in one- year increments for a maximum of seven years through June 30, 2020. ANALYSIS: Tot Lot Pros has submitted a Letter of Intent (LOI) expressing their desire to continue providing service to the City with no changes to the service levels, terms, and conditions. Staff is proposing an amendment to the contract that would increase compensation from $250,000 to $848,900 to perform resurfacing maintenance at Bear Gulch, Church Street, Hermosa, Old Town, West Beryl, Kenyon, Windrows, Milliken, Red Hill, Heritage, Legacy, and Olive Grove Parks. It is important to note that playground resurfacing maintenance occurs on an as -needed basis, and when funds are available. The last time resurfacing maintenance was conducted on City parks was in FY 2016/2017. The aforementioned parks are scheduled to receive resurfacing maintenance this fiscal year. Since 2013, Tot Lot Pros has demonstrated their ability to maintain the existing playground surfacing in a safe and sustainable manner, while matching the design, color, material quality, and application interface process. In addition, the product and associated warranty of Tot Lot Pros meets all the safety guidelines set forth by U.S. Consumer Product Safety Commission (CPSC), the American Society for Testing and Materials (ASTM), and the requirements of the Americans with Disabilities Act Accessibility Page 496 Guidelines (ADAAG). These guidelines establish the inspection standards that the City's Certified Playground Safety Inspectors must adhere to through the National Recreation and Parks Association or California Parks and Recreation Society when inspecting the playground structures and impact attenuation surface for compliance. Tot Lot Pros is fully knowledgeable and experienced with all 59 playground sites. This contractor can provide the uniformity, quality, and responsiveness to meet the maintenance needs of these rubberized surfaces. Staff recommends the City Council approve the renewal of contract CO 13-227 effective July 1, 2019 and approve the spending limit of $848,900 for FY 2019/2020. FISCAL IMPACT: The contract price is within the contract services budget line items in the approved budget for FY 2019/2020. COUNCIL GOAL(S) ADDRESSED: The item addresses the City Council's goal of Enhancing Premier Community Status in our region by maintaining safe and aesthetically pleasing parks. ATTACHMENTS: Description Amendment 3 to CO 13-227 Page 497 Attachment 1 - Amendment 3 AMENDMENT NO. 003 to Professional Services Agreement (CO #13-227) between Tot Lot Pros (hereinafter "Contractor") and City of Rancho Cucamonga (hereinafter the "City") This Amendment No. 003 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# CO 13-227, to incorporate the following: The above-mentioned Agreement has been in effect for six (6) years and has an option to renew in one (1) year increments. Contractor and City would like to exercise the option to renew CO# 13-227 for one (1) additional year. Compensation. Increase the compensation amount from $250,000 to $848,900 for FY 19/20 (July 1, 2019 - June 30,2020 period) to provide and install surface America's PlayBound Poured - in -place in various parks as identified in the proposals attached. All other Terms and Conditions of the original Agreement CO#13-227, will remain in full effect. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment by way of signature by both parties and on the date indicated below. Please return two (2) original signed copies to the City no later than August 6, 2019. The City will process both copies for signature and provide Tot Lot Pros with one (1) fully executed copy of the Amendment. Tot Lot Pros City of Rancho Cucamonga By: Name Title By: Name Date Date Title (two signatures required if corporation) Last Revised.• 09/28/2012 LIM Name Date Title By: Name Date Title Page 1 q f I Page 498 om LETTER OF INTENET August 1, 2019 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Subject: Continued Playground Services Fiscal Year 19/20 To Whom It May Concern: CA License #967975 Tot Lot Pros is willing to continue providing Resilient Rubber Surfacing Repairs to the City of Rancho Cucamonga, for the 2019/2020 fiscal year, with no changes to the current scope of work or price rates. If you should have any questions regarding the aforementioned, please don't hesitate to contact me at the numbers provided. Sincerely, Jack L. Striegel, P Tot Lot Pros Tot Lot Pros • 1465$ Fl Molino St., Fontana, CA 92335 Office: (909) 350-9500 • Fax: (909) 350-9502 www.totiotpros.com Page 499 14688 El Molino St. Fontana, CA 92335 Phone: (909) 350-9500 Fax : 909-350-9502 n ikki@totlotpros. com Ww"Uotlotpros. corn City of Rancho Cucamonga ] 1 !6120 ] 8 3258 CA Contractor Lic#1 967975 DI 41000002374 Church Park 10190 Church St. Rancho Cucamonga, CA 91730 xt? ,�. �� § as - 4 :.i. s�' a- a� �.3= h za°"s .+_`.;c ^:« f 9.'F" �UeCrA "..Y a¢. 'S? aeii y e: `'F-.- d 2 ,� w "`^i 7-3"s'��"'+p�S'.5' ¢�� s� 2'' 3-'"� - �' a"k,-..ry 2i iL§� 4 �E6 Ptd ti ;y a" '& M. .:s`.. ,..,-r ., .�e.�i s.3 _.,r, , :iia�f .J='/" 1,437 Provide and install Surface America's PlayBound Poured -in -Place. 1437 SF, combination of 1 314", 2 30.000.00 115", and 3" thick, 50% color; 50% black speckled mix. Includes Aliphatic binder Includes the demo and disposal of the existing surface and security fencing Certified Playground Safety Impact Attenuation Field Test provided by Playground Safety Analysts. 1,500.00 Terms: Net 30 Estimate Prepared By: ]S Total $31,500.00 :1 ** Signature P>>culg Based on Ptevat ing Wages Print Date Please see the Tot Lot Pros Ternrs o� f'Service. Rv contracting ow. serl'ices, you agree to the Tot Lot Pros Terms oiSert-ice unless otherwise noted in a separate contract. Page 500 14688 EI Mohno St. Fontana, CA 92335 Phone: (909)350-9500 Fax: 909-350-9502 nikk,i@totiotpros.com www.totlotpros.com City of Rancho Cucamonga P.O Box 807 Rancho Cucamonga, CA 91730 CA Contractor Lic4 967975 DIR 41000002374 Hermosa Park 6787 Hermosa Ave Rancho Cucamonga, CA .yam E'Y LCL E".sl �✓1#[ zw3Fry;.&O1?.>�'�Y��K,:'�."+�^ 3�"'Y Y..:nScd an ig S i+ J [x& C ;'''�"t�.' 3 --�.T_ "� ...>.,'�f%Sa'__''� 11/6/2018 3260 CA Contractor Lic4 967975 DIR 41000002374 Hermosa Park 6787 Hermosa Ave Rancho Cucamonga, CA .yam E'Y LCL E".sl �✓1#[ zw3Fry;.&O1?.>�'�Y��K,:'�."+�^ 3�"'Y Y..:nScd an ig S i+ J [x& C ;'''�"t�.' 3 --�.T_ "� ...>.,'�f%Sa'__''� e"• 3,375 Provide and install Surface America's P1ayBound Poured -in -Place. Combination of 2400 SF, 3" thick 62,000.00 and 975, 2" thick, 50% colori 50% black speckled mix. Includes Aliphatic Binder Includes the demo and disposal of the existing surface and security fence Certified Playground Safety Impact Attenuation Field Test provided by Playground Safety Analysts. 2,500.00 Terms: Net 30 Estimate Prepared By: JS Total 564;800.00 Signature_ Print Date Please see the Toi Lot Pros Terms of Service. BY contracting our services, you agree io the Tot Lot Pros Terms of Service unless othern+4se noted in a separate contract. Page 501 14688 El Molino St. Fontana, CA 92335 Phone: (909) 350-9500 Fax: 909-350-9502 nikk-i@totiotpros.com totlotpros.com www' toll otpros.com City of Rancho Cucamonga P.O Box 807 Rancho Cucamonga, CA 91730 11/6/2018 3264 CA Contractor Lic'4 967975 D1 # 1000002374 West Beryl 6501 Carnelian St. RAncho Cucamonga, CA 91730 Signature Print Date Please see the Tot Lai Pros Ternrs oj'Serti•ice. By contracting our services, you agree la the Tot Loi Pros Terms of Service unless otherwise noted in a.separate contract. Page 502 11 E11301 �Wllffirll-%- 5,185 Provide and install Surface America's Playhound Poured -in-place. 3 112" thick system, 50%coior and 96,000.00 50% Black. With Aliphatic Binder. Includes all prep work and security fencing Certified Playground Safety Impact Attenuation Field 'rest provided by Playground Safety Analysts. 2,100.00 Terms: Net 30 Estimate Prepared By: JS Total $98,100.00 Signature Print Date Please see the Tot Lai Pros Ternrs oj'Serti•ice. By contracting our services, you agree la the Tot Loi Pros Terms of Service unless otherwise noted in a.separate contract. Page 502 14688 El Molino St. Fontana, CA 92335 Phone: (904) 350-9500 Fax : 909-350-9502 nikk-i@totlotpros.com www.totlotpros.com City of Rancho Cucamonga P.O Box 807 Rancho Cucamonga, CA 91730 MOM " , X a u . ' C & a' " a ;-° - y _ _MONOW IS s�- � ��'m. _ -� .. �t�a° ��'. ;:.<,��"' 11/6/2018 3257 CA Contractor Lic# 967975 DI 41000002374 Bear Gulch Park 9094 Arrow H;Ay. Rancho Cucamonga, CA 91730 Signature rricing naseu on rrevnrinrg, wages Print Date Please see the Toi Lot Pros Tei-nts oj'Set-vice. 4)- contracting our services, you agree to the Tot Lot Pros Teruo qf Service unless other -wise noted in a separate contract. Page 503 " , X a u . ' C & a' " a ;-° - y _ _MONOW IS s�- � ��'m. _ -� .. �t�a° ��'. ;:.<,��"' .3 NO 275 Provide and install Surface America's PlayBound Poured -in -Place. 275 SF, 1 3/4" thick, 50% color/ 8,600.00 50% black speckled mix. Includes Aliphatic Binder includes the demo, disposal of the existing surface and security fencing Certified Playground Safety Impact Attenuation Field Test provided by Playground Safety Analysts. 1,500.00 Terms: Net 30 Estimate Prepared By: JS Total $10,100.00 n.___.__ Tl__,..J .... ri_... ....,. Signature rricing naseu on rrevnrinrg, wages Print Date Please see the Toi Lot Pros Tei-nts oj'Set-vice. 4)- contracting our services, you agree to the Tot Lot Pros Teruo qf Service unless other -wise noted in a separate contract. Page 503 14688 EI Molino St. Fontana, CA 92335 Phone: (909)350-9500 Fax : 909-350-9502 nildcintotlotpros.com v,-A,w.totl otpros. corn City of Rancho Cucamonga P.0 Box 807 Rancho Cucamonga, CA 91730 11/6/2018 3261 CA Contractor l.ic# 967975 DIR #1000002374 Old Town Park 10033 Feron Blvd. Rancho Cucamonga, CA a» u, MOM .;_ __ M—nelm-111-1.1" a "3 ars 3 x _ 6,100 Provide and install Surface America's Playbound Poured -in-place. 3 1/2" thick system, 50% color/ 50% 107,000.00 black. With Aliphatic Binder. Includes the derno and disposal of existing surface and security fencing Certified Playbround Safety Impact Attenuation Field "fest provided by Playground Safety Analysts. 1,500.00 Terms: Net 30 Estimate Prepared By: JS Tota! $108,500.00 Signature, Pricing Based on Prevailing wages Print Date Please see the Tot Lot Pros Terms gf'Service. BV contracting our services, 31ou agree to the Tot Lot Pros Terms of Service unless otherwise noted iii a separate contract. Page 504 14688 El Molino St. Fontana, CA 92335 Phone: (909)350-9500 Fax: 909-350-9502 www.totiotpros.com City of Rancho Cucamonga Finance Department P.0 Box 807 Rancho Cucamonga, CA 91730 Estimate Date 6/I3/2019 3576 CA Contractor Lic# 967975 DIR #1000002374 Windrows Park 6849 Victoria Park Lane Rancho Cucamonga, CA Terms: Net 30 ***Pricing Based on Prevailing Wages*** Estimate Prepared By: JS Signature, Print Date Please see the Tot Lot Pros Terrns of Service. By contracting our services, you agree to the Tot Lot Pros Terms of Service unless othenvtse noted in a separate contract. Page 505 14688 El Molino St. Fontana, CA 92335 Phone: (909) 350-9500 Fax : 909-350-9502 www.totlotpros.com City of Rancho Cucamonga Finance Department P.O Box 807 Rancho Cucamonga, CA 91730 Estimate Datea =6/2-6/�2019 3602 CA Contractor Lic# 967975 D1R #1000002374 Kenyon Park 11481 Kenyon Way Rancho Cucamonga, CA Terms: Net 30 ***Pricing Based on Prevailing Wages*** Estimate Prepared By: JS Signature Print Date Please see the Tot Lot Pros Terms of Service. BY contracting ow- services, you agree to the Tot Lot Pros Terms of Ser vice unless otherwise noted in a separate contract. Page 506 14688 El Molino St. Fontana, CA 92335 Phone: (909) 350-9500 Fax : 909-350-9502 www.totlotpros.com City of Rancho Cucamonga Finance Department P.4 Box 807 Rancho Cucamonga, CA 91730 Estimate b/26/2019 3603 CA Contractor Lic# 967975 D1R #1000002374 Milliken Park 7699 Milliken Avenue Rancho Cucamonga, CA Terms: Net 30 ***Pricing Based on Prevailing Wages*** Estimate Prepared By: JS Signature, Print Date Please see the Tot Lot Pros Terms of Service. By contracting our services, you agree to the Tot Lot Pros Terrns of Service unless otherwise noted in a separate contract. Page 507 14688 El Molino St. Fontana, CA 92335 Phone: (909)350-9500 Fax : 909-350-9502 nikki@totiotpros.com totlotpros.com «vww.totlotpros.com City of Rancho Cucamonga CA Conti -actor Lic9 967975 DIR 41000002374 Red Hill Park North Rancho Cucamonga, CA A,�.5h'tF s+ 3b','r ;,✓s�y,c ,�.. � .s.sr�t' E- xJ. X3 ate'.:'.` . �.p C.?-" 'lA"'Zt` 5 �r :F S mac` 4r"-" a-r�^ti.. +s e a i 4�=ae'iaea?,'..'F?'�# �"^�; rS%,a^-..`'`.z �,^��� ^�ra� a C*.' �t'a^-' �s,.�����;�«�6'•'r�,3.F„..5��,.r��t��.E!�?; �k"`�.."��`'�'`� �hi��i ] 1!6120] S 3263 CA Conti -actor Lic9 967975 DIR 41000002374 Red Hill Park North Rancho Cucamonga, CA A,�.5h'tF s+ 3b','r ;,✓s�y,c ,�.. � .s.sr�t' E- xJ. X3 ate'.:'.` . �.p C.?-" 'lA"'Zt` 5 �r :F S mac` 4r"-" a-r�^ti.. +s e a i 4�=ae'iaea?,'..'F?'�# �"^�; rS%,a^-..`'`.z �,^��� ^�ra� a C*.' �t'a^-' �s,.�����;�«�6'•'r�,3.F„..5��,.r��t��.E!�?; �k"`�.."��`'�'`� �hi��i 9) 3 z. -.,��'ra.'.... 2,700 Provide and install Surface America's PlayBound Poured -in -Place. 2700 SF, 3.5" thick. 50% color/ 52,000.00 50%black speckled mix. Includes Aliphatic Binder Includes the demo and disposal of the existing surface and security fencing Certified Playground Safety Impact Attenuation Field Test provided by Playground Safety Analysts. 1,500.00 Terms: Net 30 Estimate Prepared By: JS Total $53,500.00 rricing Dused on rreval€ nIg YV aL�cJ Signature Print Date Please see the Tot Lot Pros Terms oj'Serviee. I3y' contracting our services, you agree to the Tot Lot Pros Terms afSer'vrce unless othenvise noted in a separate contract. Page 508 14688 El Molino St. Fontana, CA 92335 Phone: (909) 350-9500 Fax : 909-350-9502 nikki@totlotpros.com totlotpros.com w«"v.totlotpros.com City of Rancho Cucamonga 7f 1/?419 3612 CA Contractor Licg 967975 DIR 41000002374 Red Hill Park Rancho Cucamonga, CA Signature 1 ifyli l� 1„/La.)yU Ull 1 f yY µfiflfU, �� cy�G�y.l Print Date Please see the Tor Lot Pros Terms oj'Service. By contracting ora• ser7�lces, yott agree to the Tot Lot Pros Terrns of fSer vice unless otherwise noted in u separate contract. Page 509 14688 El Molino St. Fontana, CA 92335 Phone: (909)350-9500 Fax : 909-350-9502 nikki@totlotpros.com NN,"'v.totlotpros.corn City of Rancho Cucamonga Finance Department P.O Box 807 Rancho Cucamonga, CA 91730 ] 1 !6126 l 8 3259 CA Contractor Lie# 967975 DIR 41000002374 Heritage Park 5346 Beryl St. Rancho Cucamonga, CA .91701 -?.'£:'' �_ e+iT`.a °h.z.' £s: `SCC i. �'M' T gE' %.g, ".^&'l3 <'" T�dry��AF $?.Fi'r � "� J'\ ..�iu:r�'°°"'3 5''"`'v 3�"".5'.<-•�-�+'A } y _ ,y4 7,309 Provide and install Surface Arnerica's Playbound Poured-In-Place.7.309 SF, 3 1,•'2"thiel: 50% Color and 136,000.00 50%Black. Includes Aliphatic Binder. Includes demo and disposal of the existing surface and security fencing Certified Playground Safety lmpact Attenuation Field Test provided by Playground Safety Analysts. 2,800.00 Terms: Net 30 Estimate Prepared By: JS Total $138,800.00 A. y! 4n._'_'__._ r___J _._ n.___._.I:�_ 117..._.._ A': �:�: Signature Cmifig' Daseu on Frevalnnla vvnges Print Date Please see the Tot Lot Pros Terms of Service. 13y contracting our services, you agree to the Tot Lot Pros Terms of Ser l'ice 11171ass otheni4se noted in a sel2arnte contract. Page 510 14688 El Mohno St. Fontana, CA 92335 Phone: (909) 350-9500 Fax: 909-350-9502 nikki a totlotpros.com www.totlotpros.com The City of Rancho Cucamonga CA Contractor Licl 967975 DER t4 10000023'74 Legacy Parlc 5858 Santa Ynez P] Rancho Cucamonga, CA f `'t.�;v.r:. ➢f 6Ng y� ._:.'_£?EL? l'.�ygY.-" _ P - -s..�� "' 5�,^cw" �,cgc,$n r �3P%.✓; ^,,h. sT,`^'� �'fi'F.' _x Fs'`��i'c�3-/i'd'E,�Si"?y.ygy.,"�Yh»`:A'�""�5.'�,".3"' ��.'' ..P''%ff'»y' S .%�Z' we `x 11/6/2018 3265 CA Contractor Licl 967975 DER t4 10000023'74 Legacy Parlc 5858 Santa Ynez P] Rancho Cucamonga, CA f `'t.�;v.r:. ➢f 6Ng y� ._:.'_£?EL? l'.�ygY.-" _ P - -s..�� "' 5�,^cw" �,cgc,$n r �3P%.✓; ^,,h. sT,`^'� �'fi'F.' _x Fs'`��i'c�3-/i'd'E,�Si"?y.ygy.,"�Yh»`:A'�""�5.'�,".3"' ��.'' ..P''%ff'»y' S .%�Z' we `x 4,650 Provide and install Surface America's Playbomtd poured -in-place. 3 1/2" thick system, 50% color/ 50% 96,000.00 black. With Aliphatic Binder. Includes the demo and disposal of the existing surface and security fencing Certified Playground Safety Impact Attenuation Field Test provided by Playground Safety Analysts. 2,000.00 Terms: Net 30 Estimate Prepared By: !S Total $98,000.00 Signature r-rici 1g, Oaseu on Y1ev0.111n`.,' Yvaraw Print Date Please see the Tot Lot Pros Terms of'Service. 41, contracting our services, you agree to the Tot Lot Pros Terms ofService ur7less otherwise noleil in a se/)arate contract. Page 511 14688 El Molino St. Fontana, CA 92335 Phone: (909) 350-9500 Fax : 909-350-9502 nikl:i@totlotpros.com w w.totlotpros,com City of Rancho Cucamonga P.O Box 807 Rancho Cucamonga, CA 91730 11/6/2018 3262 CA Contractor U0 967975 DI #1000002374 Olive Grove Park 13931 Youngs Canyon Rd. Rancho Cucamonga, CA Signature, ! 11G1i1� iJLW GU V111 IGY0.1111{� YY G{lu.VJ Print Date Please see the Tot Cot Pros Terms of Service. By contracting our serroices, }'ou agree to the Tot Lot Pres Terms of Serike, unless otherwise noted in a sej)arait , contract. Page 512 HF 2,500 Provide and install Surface America's Playbound Poured -in-place. 3 112" thick system, 50% color/ 50% 50,000.00 black. With Aliphatic Bidder. Includes the demo and disposal of the existing surface and security fencing Certified Playground Safety hnpact Attenuation field Test provided by Playground Safety Analysts. 2,500.00 Terms: Net 30 Estimate Prepared By: JS Total 552,500.00 ..A ..., n..,,. ,.,:1:,... \XI*W,47 - Signature, ! 11G1i1� iJLW GU V111 IGY0.1111{� YY G{lu.VJ Print Date Please see the Tot Cot Pros Terms of Service. By contracting our serroices, }'ou agree to the Tot Lot Pres Terms of Serike, unless otherwise noted in a sej)arait , contract. Page 512 Tot Lot Pros Terms of Service CA License #967975 Below are the Terms of Service for all services that Tot Lot Pros offers to perform. Please refer to your estimate for types of service being performed. By contracting our services, you agree to our terms below unless otherwise noted in a separate contract. General Terms of Service: • Tot Lot Pros assumes existing soil conditions will not contain rock 5" and larger or bedrock resulting in "rock like" conditions. If "rock like" conditions are encountered, additional charges may occur, • Any/all permits and /or fees required by any governmental agency having jurisdiction are the responsibility of others unless otherwise stated. • Installation methods are based on the manufacture's recommendations. • Work to be performed during normal working hours (Monday — Friday / 6AM to 5PM). • Tot Lot Pros maintains comprehensive insurance coverage and is available upon written request. Projects requiring specific coverage beyond Tot Lot Pro's coverage are not included in estimate unless otherwise stated. • Additional charges for downtime/stand-by may be assessed in the event that installation is delayed due to site not being ready as scheduled or if the installation is interrupted for reasons other than those related to weather or general public emergencies. • All quotes are valid for 30 days from the date on the estimate. • Payments are due 30 days from the invoice date unless otherwise specified in a separate contract. Accounts not paid within 30 days of the date of the invoice are subject to a 1% monthly finance charge. • Estimates that specify a deposit required for the purchase of equipment, will not be ordered until payment has been received. + Quote is based on one (1) mobilization. Additional mobilizations may incur additional charges. Playground, Equipment and Shade Terms of Service: • It is assumed that there is reasonable access for tools, equipment and materials. • Unless noted different on the estimate, all spoils will be dumped and spread on-site at reasonable location. • ASTM and CPSC guidelines will be followed. Request for services that do not comply with those guidelines will result in Tot Lot Pros right to refuse installation of the equipment. • Security during the install and upon completion is the responsibility of others, unless specified otherwise. • Certified Safety Playground Inspector Audit (third party) is the responsibility of others unless otherwise specified. • Acceptance/unloading and storage of equipment is the responsibility of the others unless otherwise specified in the estimate. Surface Terms of Service: • job site access must be at a maximum of 25' for trucks and mixer, with no stairs. Irrigation, sprinkler and/or water systems must be shut off 24 hours before installation and remain off for 48 hours after installation is completed. • Any changes in colors, square footage, or thickness of the surfacing, will result in changes to the price. • All colors of rubber surfacing will amber to a certain extent, some more than others, unless aliphatic binder is used. • Post installation NIC (Head Impact Criteria) test not included. • Purchaser shall be responsible for security, as needed, to prevent vandalism and/or damage of any type to the surface during the installation process, curing time, and after the installation is completed. • Any excess material at the job site upon completion is the property of Tot Lot Pros, Inc. Initial: 14688 El Molino St., Fontana, CA 92335 • Office: (909) 350-9500 • Fax: (909) 350-9502 www.totlotpros.com Rev. 10.8.15 Page 513 Tiii'f.TiiCia'iT-1nF.l\1�1Jii7C�ii[�iiJTi I rm . 4.°, for t vac: �j Central Park CITY OF RANCHO CUCAMONGA Parks to Receive the Rubberized Surface Application • Bear Gulch • Red Hill • West Beryl • Kenyon • Church Street • Windrows • Heritage • Hermosa • Old Town • Milliken • Legacy • Olive G rove Central Park .W7 7-' .F l . it b 4 j ' Garcia Park CITY OF RANCHO CUCAMONGA Questions? • & .IF ox } PL r,r Central Park -� + CITY OF RANCHO CUCAMONGA DATE: August 21, 2019 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Elisa Cox, Deputy City Manager Hope Velarde, Management Analyst I SUBJECT: DESIGNATION OF VOTING DELEGATES AND ALTERNATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING. RECOMMENDATION: Staff recommends the City Council designate one voting delegate and up to two alternates for the Annual Business Meeting of the 2019 League of California Cities Annual Conference. BACKGROUND: The League's 2019 Annual Conference is scheduled for October 16-18 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting during the General Assembly, scheduled for 12:30 p.m. on Friday, October 18th, at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on various resolutions that establish League policy on municipal issues of statewide importance. In order to vote at the Annual Business Meeting, the City Council must designate one (1) voting delegate and appoint up to two (2) alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. According to the League bylaws, the voting delegate and the two alternate delegates must be designated by an official vote of the City Council. The designated voting delegate and alternates must be registered to attend the conference and sign in at the Voting Delegate Desk to pick up their voting delegate card. Only one (1) voting card will be provided at sign -in to be used by either the voting delegate or the alternates. The task of voting at the Annual Business Meeting cannot be transferred to any other city official beyond the designated voting delegate and alternates. The voting delegate and alternates can be Council Members or City Staff scheduled to attend the conference and must be present at the Annual Business Meeting with the voting card in order to vote. ANALYSIS: None. FISCAL IMPACT: None. Page 514 COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: Description Attachment 1 - Voting Delegate Letter and Form Page 51 LEAGUE OF ORNIA RE C I T I E S CITY OF RAN 80 CUC4M10 NGA Council Action Advised by August 30, 2019 JUN 13 ZQ ig June 10, 2019 pn' MANAGERS OFF[CE TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference — October 16 -18, Long Beach The League's 2019 Annual Conference is scheduled for October 16 —18 in Lang Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly), scheduled for 12:30 p.m. on Friday, October 18, at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Friday, October 4. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note the following procedures are intended to ensure the integrity of the voting process at the Annual Business Meeting. Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have Mg city clerk or mayor sign the form affirming th .a the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference, please go to our website: www,cacitics.or . In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. • Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Sacramento Convention Center, will be open at the following times: Wednesday, October 16, 8:00 a.m. — 6:00 p.m.; Thursday, October 17, 7:00 a.m. — 4:00 p.m.; and Friday, October 18, 7:30 a.m.-11:30 a.m.. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League's office by Friday, October 4. If you have questions, please call Darla Yacub at (916) 658-8254. Attachments: • Annual Conference Voting Procedures • Voting Delegate/Alternate Form �OF �GUE CITIES Annual Conference Voting Procedures One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. . Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4_ Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. LEAGUE or cALlroaiviA CITIES CITY: 2019 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday, October 4, 2019. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE -ALTERNATE Name: Title: 3. VOTING DELEGATE -ALTERNATE Name: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: Mayor or City Clerk (circle one) (signature) Please complete and return by Friday. October 4, 2019 Email Date Phone League of California Cities FAX: (916) 658-8240 ATTN: Darla Yacub E-mail: dyacub@cacities.org 1400 K Street, WIN Floor (916) 658-8254 Sacramento, CA 95814