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HomeMy WebLinkAbout2020/10/21 - Agenda Packet CITY OF RANCHO CUCAMONGA Mayor REGULAR MEETING AGENDA L. Dennis Michael Mayor Pro Tem October 21 , 2020 Lynne B. Kennedy 10500 Civic Center Drive Members of the City Council. Rancho Cucamonga, CA 91730 Ryan A. Hutchison r4wri Kristine D. Scott FIRE PROTECTION DISTRICT BOARD —CITY COUNCIL Sam Spagnolo HOUSING SUCCESSOR AGENCY- SUCCESSOR AGENCY — PUBLIC FINANCE AUTHORITY CLOSED SESSION TRI—COMMUNITIES ROOM 4:30 P.M. REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M. The City Council meets 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. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at www dtyol:rc us or by contacting the City Clerk's Office at 909-774-2023. Live Broadcast available on Channel 3 (RCTV-3). In response to the Governor's Executive Orders, the San Bernardino County Department of Public Health requirements, and to ensure the health and safety of our residents by limiting contact that could spread the COVID-19 virus,there will be no members of the public in attendance at the City Council/Fire District Meetings. Members of the City Council/Fire District and staff may participate in this meeting via a teleconference. In place of in-person attendance, members of the public are encouraged to watch from the safety of their homes in one of the following ways: Live Streaming on the City's website at https://www.cityofrc.us/your-government/city-council-agendas or Local Cable: RCTV3 Programming Members of the public wishing to speak during public communication may call at the start of the meeting by dialing (909)774-2751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)774-2751 to be added to the queue for public comment. Calls will be answered in the order received. The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act("ADA"), please contact the City Clerk's Office at(909) 774-2023,24 hours prior to the meeting so that the City can make reasonable arrangements. CITY COUNCIL VISION STATEMENT "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive. Page 1 CLOSED SESSION - P.M. TRI-COMMUNITIES ROOM ROLLCALL: Mayor Michael Mayor Pro Tern Kennedy Council Members Hutchison, Scott, and Spagnolo SESSIONA. ANNOUNCEMENT OF CLOSED ITEM(S) PUBLICB. I I I ITEM(S ) C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NIUB , HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION ( CCA), TEAMSTERS LOCAL 1932, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND EXECUTIVE MANAGEMENT GROUP - CITY . 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 ILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, CARRIE SCHINDLER REPRESENTING SBCTA, AND SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, REGARDING PRICE AND TERMS. — CITY . CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 12977-12993 ARROW ROUTE IN THE CITY OF RANCHO CUCAMONGA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0229-141-04 & 12. NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. — CITY CITY COUNCIL VISION STATEMENT "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." Page 2 . CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 8583 ETIWANDA AVENUE, RANCHO CUCAMONGA, CA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-141-13. NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. — CITY CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 REGARDING THE FOLLOWING REAL PROPERTY: (1) REAL PROPERTY OWNED BY TM ENTERPRISES, LLC AND LOCATED AT 12449 FOOTHILL BOULEVARD IN THE CITY OF RANCHO CUCAMONGA AND FURTHER IDENTIFIED AS SAN BNADINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-031-41. NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE - CITY CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 REGARDING THE FOLLOWING REAL PROPERTY: (1) REAL PROPERTY OWNED BY WAL-MART REAL ESTATE BUSINESS TRUST AND LOCATED AT 12549 FOOTHILL BOULEVARD IN THE CITY OF RANCHO CUCAMONGA AND FURTHER IDENTIFIED AS SAN BNADINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0229-032-38 & 44. NEGOTIATING PARTIES, JOHN ILLISON, CITY MANAGER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. - CITY 7. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9: (1 CASE) CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MAY'S MONTSSOI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC V . CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554- CITY . CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; 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 CITY COUNCIL VISION STATEMENT "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." Page 3 1 . CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASELINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090-331-03-0000, 1090-331-04-0000, 1089-581-04-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS, REGARDING PRICE AND TERMS. - CITY 11. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER) E. RECESS — Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. CITY COUNCIL VISION STATEMENT "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." Page 4 REGULAR MEETING - 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL: Mayor Michael Mayor Pro Tern Kennedy Council Members Hutchison, Scott, and Spagnolo A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1. Presentation of Certificate of Sympathy in honor of Charles Edward Morton, Crew Boss, Big Bear Hot Shots. B2. Presentation of a Proclamation to the Rotary Club of Rancho Cucamonga Celebrating their 50th Charter Anniversary. B3. Presentation of a Proclamation to Katie Roberts for her Retirement from the Chaffey Community College District Governing Board. B4. Presentation of a Proclamation for the Friends of the Library 25th Anniversary. B5. Healthy RC Compassionate Community COVID-19 Efforts. B6. Announcement of the Furry Friends Howl-O-Ween Virtual Walk for the Animals, Saturday October 31, 2020. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board,Housing Successor Agency,Successor Agency,and Public Finance Authority.This is the time and place for the general public to address the Fire Protection District,Housing Successor Agency, Successor Agency, Public Financing 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 Financing 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 Financing 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 CITY COUNCIL VISION STATEMENT "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." Page 5 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 noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing SuccessorAgency, SuccessorAgency, and Public Finance Authority. Due to the relatively few items typically pending before the Housing SuccessorAgency, SuccessorAgency, and Public Finance Authority, the City Council may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR - FIRE PROTECTIONDISTRICT 10 1. Consideration of Meeting Minutes for the Regular Meetings of October 7, 2020. . Consideration to Approve Bi-Weekly Payroll in the Amount of$933,208.99 and Weekly 16 Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of$905,063.34 Dated September 28, 2020 Through October 11, 2020 and Electronic Debit Register for the Month of September in the Amount of 555,569.62. . Consideration to Approve Weekly Check Registers for Checks Issued to Southern 28 California Gas Company in the Amount of$56.27 Dated September 28, 2020 Through October 11, 2020. . Consideration to receive and file current Investment Schedule as of September 30, 2020. 30 Consideration to Award a Contract to OCC Builders, Inc. in the Amount of$79,000, plus a 40 10% Contingency in the Amount of$7,900, and Authorization of an Appropriation in the amount of$120,170 for the RCFPD Fire Station No. 176 Site Improvements Project. 44 Consideration to Authorize the Appropriation in the Amount of$422,000 from the Fire Capital Fund for Capital Outlay at the Public Safety Facility. E. CONSENT CALENDAR - CITY COUNCIL 1. Consideration of Meeting Minutes for the Regular Meetings of October 7, 2020. 10 . Consideration to Approve Bi-Weekly Payroll in the Amount of$975,100.58 and Weekly 46 Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of 3,634,775.32 Dated September 28, 2020 Through October 11, 2020 and Electronic Debit Register for the Month of September in the Amount of 536,440.63. CITY COUNCIL VISION STATEMENT "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." Page 6 E3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern 58 California Gas Company in the Amount of$1,911.39 Dated September 28, 2020 Through October 11, 2020. E4. Consideration to receive and file current Investment Schedule as of September 30, 2020. 60 E5. Consideration to Approve the Use of Cambridge Seven Associates to Provide Design 83 Services for Museum Exhibit Platforms and Themes Including the Creation of Bid Packages for Tenant Improvements and Exhibit Fabrication and Installation for the Rancho Cucamonga Public Library Second Story and Beyond@ Project. E6. Consideration to Approve a Single Source Procurement of Iteris Inc. Video Detection 189 System Equipment from Rodeff Inc. of Claremont, California in the Amount of$75,000. E7. Consideration to Award the Purchase of Fertilizer and Pesticides Supplies on an "As 194 Needed" Basis from Nutrien AG Solutions, Wilbur-Ellis Co. and SiteOne Landscape Supply, in Accordance with Request for Bids (RFB) #20/21-107 in an Amount Not to Exceed $140,000 Annually to be Funded from Various City and Special Districts Accounts. E8. Consideration of Temporary Park Permitting for City of Rancho Cucamonga Businesses 213 Displaced by Covid-19 Pandemic Program. (RESOLUTION 2020-108) E9. Consideration of a Request from Northtown Housing Development Corporation to Partner 227 on a Weekly Baseball Clinic. E10. Consideration of the Fourth Amendment to the Ground Lease Agreement with Goals 230 Soccer Centers, Inc. El 1. Consideration to Approve a Professional Services Agreement with Silver & Wright LLP for 272 Legal Services Related to the Municipal Code and Other Civil Matters. E12. Consideration of Amendment to Memorandum of Understanding Between the City of 289 Rancho Cucamonga and the Rancho Cucamonga Community and Arts Foundation. F. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION The following Ordinance(s) have been introduced for First Reading. Second Readings are expected to be routine and noncontroversial. 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. G. ADMINISTRATIVE HEARING ITEM(S) H. ADVERTISED PUBLIC HEARING ITEM(S)—CITY/FIRE DISTRICT I. CITY MANAGER'S STAFF REPORT(S) CITY COUNCIL VISION STATEMENT "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." Page 7 11. Consideration to Approve an Allocation Agreement between the County of San Bernardino 306 and the City of Rancho Cucamonga related to the CARES Act Coronavirus Relief Fund for Local Governments. 12. Consideration to Approve a Resolution Requesting Modifications to the Governor's Blueprint 314 for a Safer Economy in Order to Allow for Sub-Regional Flexibility and a More Consistent and Expeditious Process for Reopening the Economy. (RESOLUTION NO. 2020-106) 13. Consideration to Approve a Resolution Supporting California's Proposition 20 on the 319 November 2020 Ballot. (RESOLUTION NO. 2020-107) 14. Consideration of a Resolution Adopting a Joint Powers Agreement and Bylaws for the 325 California Intergovernmental Risk Authority, which permits the joining of Public Agency Risk Sharing Authority of California and the Redwood Empire Municipal Insurance Fund. (RESOLUTION NO. 2020-109) 15. Consideration of a Resolution Adopting a Joint Powers Agreement and Bylaws for the 402 California Intergovernmental Risk Authority, which permits the joining of Public Agency Risk Sharing Authority of California and the Redwood Empire Municipal Insurance Fund. (RESOLUTION NO. FD2020-019) 16. Consideration of Donation of Public Art. 480 J. COUNCIL BUSINESS J1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) J2. INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) K. CITY ATTORNEY ITEMS: L. IDENTIFICATION OF ITEMS FOR NEXT MEETING M. ADJOURNMENT Adjournment in Memory of Charles Edward Morton, Crew Boss, Big Bear Hot Shots. CERTIFICATION CITY COUNCIL VISION STATEMENT "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive. Page 8 1, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, henebv certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy- Two (72) hourspriortothemeetingperGovennmentCode54S54.2at10500CivicCenterDrive. Rancho Cucamonga, California and on the City'svvebsite. CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeUng, 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. 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Mayor Pro Tem Kennedy called the meeting to order at 5:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, and Mayor Pro Tem Lynne Kennedy. Absent: Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural &Civic Services and Matt Burris, Deputy City Manager/Economic and Community Development. A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No public communications were made. C. CITY MANAGER ANNOUNCEMENTS No discussion or actions were taken. D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA), TEAMSTERS LOCAL 1932 AND EXECUTIVE MANAGEMENT GROUP—CITY D2. 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 D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D)OF SECTION 54956.9: (1 CASE) D4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554- CITY D5. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; 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 October 7, 2020 1 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 6 Page 10 E. RECESS The closed session recessed at 6:35 p.m. REGULAR MEETING - 7:00 P.M. CALL TO ORDER - COUNCIL CHAMBERS 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 October 7, 2020 in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Pro Tem Kennedy 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. Absent: Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney and Linda A. Troyan, MMC, City Clerk Services Director. Council Member Spagnolo led the Pledge of Allegiance. Responding to the spread of the Coronavirus (COVID-19), and social distancing requirements, City Manager Gillison announced that due to recent changes in the Governor's Executive Orders, the San Bernardino County Department of Public Health requirements, and to ensure the health and safety of Rancho Cucamonga residents by limiting contact that could spread the COVID-19 virus, there will be no members of the public in attendance at the City Council/Fire District Meetings and in place of in person attendance, members of the public are encouraged to watch from the safety of their homes live from the City's website or on RCTV-3. He stated members of the public wishing to speak during public communication, or on a public hearing item will need to dial in to (909)774-2751 to be added to the queue for comment. Additional information on the Coronavirus pandemic and City resources and updates can be found at www.cityofrc.us/coronavirus. B. ANNOUNCEMENTS/PRESENTATIONS B1. Remembrance in Honor of K9 Deja. Mayor Pro Tem Kennedy announced that at the conclusion of the City Council Meeting, the City Council would have a moment of silence and adjourn the meeting in memory of K9 Deja. Mayor Pro Tem Kennedy noted that during Deja's 6 years of service Deja and her handler worked countless hours tracking down criminals and missing people to help keep our#RCcommUNITY safe. She stated that Deja was a symbolic piece of Rancho Cucamonga and will always hold a special place in our hearts. Mayor Pro Tem Kennedy thanked Deja for her service. Captain Mahoney, Rancho Cucamonga Police Department, shared a few words along with a remembrance video highlighting K9 Deja's career. The video featured City Manager, John Gillison and Retired Rancho Cucamonga Police Department Captain Boldt, together they shared Deja's story and journey with the Rancho Cucamonga Police Department. Captain Mahoney announced that the City is in the process of acquiring a third bloodhound from the same lineage of Dare and Deja. Captain Mahoney concluded by expressing his condolences and presenting Deputy Stone with a shadow box gift containing memorabilia from K9 Deja's career with the Rancho Cucamonga Police Department. The City and City Council expressed their heartfelt condolences to Rancho Police Department, and K9 Deja's handler Deputy Josh Stone and presented Deputy Stone with a Certificate of Sympathy. October 7, 2020 1 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 6 Page 11 B2. Announcement of Fire Prevention Week by the Rancho Cucamonga Fire District. Gabrielle Costello, Community Affairs Sr. Coordinator / PIO, presented a PowerPoint announcing Fire Prevention Week and shared safety tips for the community recommended by the Rancho Cucamonga Fire Protection District. B3. Proclamation Declaring the Month of October as "Cybersecurity Awareness Month". Darryl Polk, Director of the Department of Innovation &Technology and Shelly Munson, Deputy Director of the Department of Innovation & Technology, presented an informative video regarding Cybersecurity. The video shared tips to stay secure and encouraged the community to have a safe and enjoyable online experience. Mayor Pro Tem Kennedy presented a Proclamation to the Department of Innovation &Technology declaring the Month of October as "Cybersecurity Awareness Month". B4. Recognition of Restaurants Participating in Great Plates. Jennifer Camacho-Curtis, Community Affairs Officer, presented a PowerPoint presentation and video informing the community of the Great Plates Program, a locally administered program by the County of San Bernardino, providing seniors meals during the Covid-19 Pandemic. She announced that Citrus Kitchen, a local restaurant is the only Rancho Cucamonga restaurant participating in the program and applauded their dedication to the community. Mayor Pro Tem Kennedy recognized Citrus Kitchen for their participation in the program and presented a Certificate of Recognition on behalf of the City and City Council. B5. Recognition of the Animal Center's Veterinary Services Team in support of National Veterinary Technician Week, October 11th to the 17th. Veronica Fincher, Director of Animal Services, presented a PowerPoint presentation and video highlighting the dedicated Veterinary Services Team of the Rancho Cucamonga Animal Shelter. Mayor Pro Tem Kennedy thanked Rancho Cucamonga Animal Shelter staff for their continuous efforts and services provided to the community and their pets. B6. Presentation on the Fleet Inventory and Carbon Emission Reductions. Albert Espinoza, Deputy Director of Public Works and Fabian Villenas, Principal Management Analyst, presented a PowerPoint presentation providing a summary of the City's fleet inventory and the number of alternative vehicles in the fleet which have assisted the City in reducing carbon emissions over the last 14 years.They also presented funding opportunities to purchase future alternative vehicles and infrastructure which would assist in further reducing carbon emissions in the future. B7. Recognition of Platinum Level Award for Energy Efficiency Leadership. Clarence De Guzman, Community Programs Coordinator, presented a PowerPoint sharing the exciting news of the City of Rancho Cucamonga recently receiving the Platinum Level Award for Energy Efficiency Leadership. B8. Mail Ballot Drop Box Locations - November 3, 2020 Presidential General Election. Linda Troyan, Director of City Clerk Services, provided a PowerPoint presentation informing the community of the City's new Mail Ballot Drop Boxes available at: City Hall, 10500 Civic Center Dr., Rancho Cucamonga; Banyan Fire Station, 11108 Banyan St., Rancho Cucamonga; Day Creek Fire Station, 12270 Fire House Ct., Rancho Cucamonga; West Valley America's Job Center of California, 9650 9th St., Rancho Cucamonga and Alta Loma Square, 8760 19th St., Rancho Cucamonga. City Clerk Services Director Troyan shared helpful links with voting information: Registrar of Voters www.SBCountyElections.com and Election Information on the City's website: www.citvofrc.us. October 7, 2020 1 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 6 Page 12 C. PUBLIC COMMUNICATIONS Mayor Pro Tem Kennedy announced, due to COVID-19 and social distancing requirements, the Public Communications portion of the meeting will be conducted telephonically. Via phone call, Janet Walton, offered a prayer. Via phone call, Brian Reisinger, Community Outreach Coordinator,West Valley Mosquito and Vector Control District, provided a brief update on the West Nile Virus and the widespread distribution of invasive Aedes Mosquitoes. He recommended the community protect themselves with EPA approved insect repellent when spending time outdoors. He concluded his update by noting that residents wishing to submit a service request or for more information can visit the West Valley Mosquito and Vector Control District website www.wvmvcd.orq or call (909)635-0307. Via phone call, Michael Montgomery, Chaffey College Alumni, recommended that the City purchase K5 Fire Extinguishers and ABC Extinguishers to reduce large fires. CONSENT CALENDARS D. CONSENT CALENDAR - FIRE PROTECTION DISTRICT D1. Consideration of Meeting Minutes for the Regular Meetings of September 16, 2020. D2. Consideration to Approve Bi-Weekly Payroll in the Amount of $1,963,805.37 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $1,407,721.71 Dated September 08, 2020 Through September 27, 2020. D3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of$530.97 Dated September 08, 2020 Through September 27, 2020. D4. Consideration to Award A Contract to Champion Fire Systems, Inc. for Fire Suppression Systems Maintenance at Various Fire District Facilities in an Amount Not to Exceed $20,000 for FY 2020/2021 and an Estimated Total Contract Amount of$158,070 Over Seven Years. MOTION: Moved by Board Member Spagnolo, seconded by Board Member Hutchison, to approve Consent Calendar Items D1 through D4, with Board Member Scott abstaining on item D3, due to her employment with Southern California Gas Company. Motion carried, 4-0-1. Absent: Board President Michael. E. CONSENT CALENDAR - CITY COUNCIL E1. Consideration of Meeting Minutes for the Regular Meetings of September 16, 2020. E2. Consideration to Approve Bi-Weekly Payroll in the Amount of $1,942,989.57 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $7,751,875.15 Dated September 08, 2020 Through September 27, 2020. E3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of$4,053.63 Dated September 08, 2020 Through September 27, 2020. E4. Consideration of a Resolution Authorizing the Attestation of Veracity for the Rancho Cucamonga Municipal Utility 2019 Power Source Disclosure Annual Report and Power Content Label. (RESOLUTION NO. 2020-105) October 7, 2020 1 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 6 Page 13 E5. Consideration of a Cooperative Agreement with San Bernardino County Transportation Authority (SBCTA) for the Design, Right-of-Way, and Construction Phases for the West Valley Connector Bus Rapid Transit Improvement Project- Phase 1. E6. Consideration to Award A Contract to Champion Fire Systems, Inc. for Fire Suppression System Maintenance at Various City Facilities in an Amount Not to Exceed $45,000 for FY 2020/2021 and an Estimated Total Contract Amount of$355,510 Over Seven Years. E7. Consideration of Amendment No. 01 to the Agreement with Elecnor Belco Electric, Inc. (CO18- 144) in the amount of$236,500 for the Public Safety Facility Fiber Optic Line Extension. E8. Consideration to Award the Purchase of Irrigation Parts and Supplies on an "As Needed" Basis from SiteOne Landscape Supply and Smith Pipe & Supply, Inc. in Accordance with Request for Bids (RFB)#20/21-109 in an Amount Not to Exceed $100,000 Annually to be Funded from Various City and Special Disticts Accounts. E9. Consideration of a Contract with All American Asphalt, Inc., in an Amount of$1,441,579 Plus 10% contingency, for the Foothill Boulevard Pavement Rehabilitation Project. E10. Consideration of a Contract with Norstar Plumbing & Engineering, Inc., in an Amount of$62,700 Plus a 10% Contingency, and Authorization of an Appropriation in the Amount of $80,000 for the Almond Trail Slope Repair Project. El 1. Consideration of a Three-Year Professional Services Agreement with Central Square, Inc. for Maintenance and Support in the Amount not to Exceed $425,785 from Account No.1001209-5300 (DoIT Contract Services). E12. Consideration to Approve the Use of SirsiDynix to Provide Maintenance and Service for the Rancho Cucamonga Public Library's Integrated Library System (ILS). E13. Consideration of Amendment No. 1 to the Reimbursement Agreement with Chaffey Joint Union High School District for School Resource Officer Services. MOTION: Moved by Council Member Hutchison, seconded by Council Member Spagnolo, to approve Consent Calendar Items E1 through E13, with Council Member Scott abstaining on item E3, due to her employment with Southern California Gas Company. Motion carried, 4-0-1. Absent: Mayor Michael. F. CONSENT ORDINANCES F1. CONSIDERATION OF SECOND READING OF ORDINANCE NO.974 AND 975, DEVELOPMENT AGREEMENT AMENDMENT DRC2020-00124 AND SPECIFIC PLAN AMENDMENT DRC2020- 00254 - CITY OF RANCHO CUCAMONGA - LOCATED NORTH OF 4TH STREET, SOUTH OF THE BURLINGTON NORTHERN SANTA FE (BNSF) RAILWAY, WEST OF MILLIKEN AVENUE, AND EAST OF UTICA/CLEVELAND AVENUES, WITHIN THE EMPIRE LAKES SPECIFIC PLAN. (ORDINANCE NO. 974 AND ORDINANCE NO. 975). MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to waive full reading and adopt Ordinance No. 974 and Ordinance No. 975 by title only. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 974 and Ordinance No. 975 by title only. VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott,to waive full reading and adopt Ordinance No. 974 and Ordinance No. 975 by title only. Motion carried, 4-0-1. Absent: Mayor Michael. October 7, 2020 1 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 6 Page 14 G. ADMINISTRATIVE HEARING ITEM(S) No items. H. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT No items. I. CITY MANAGERS STAFF REPORT(S) No items. J. COUNCIL BUSINESS J.1. COUNCIL ANNOUNCEMENTS Mayor Pro Tem Kennedy announced that October is Breast Cancer Awareness month and stressed the importance of early screening, testing and treatment. J.2. INTER-AGENCY UPDATES None. K. CITY ATTORNEY ITEMS No items. L. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. M. ADJOURNMENT Mayor Pro Tem Kennedy adjourned the City Council Meeting with a moment of silence in honor of K9 Deja, the meeting adjourned at 8:11 p.m. Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director Approved: October 7, 2020 1 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 6 Page 15 (* -4"" Sr DATE: October 21, 2020 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Veronica Lopez, Accounts Payable Supervisor SUBJECT: Consideration to Approve Bi-Weekly Payroll in the Amount of$933,208.99 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of$905,063.34 Dated September 28, 2020 Through October 11, 2020 and Electronic Debit Register for the Month of September in the Amount of$555,569.62. 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: Attachment - 1 —Weekly Check Registers Attachment—2 — Electronic Debit Register Page 16 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00011368 09/30/2020 ABSOLUTE SECURITY INTERNATIONAL INC 364.00 0.00 364.00 AP 00011369 09/30/2020 HUITT-ZOLLARS INC 10,035.00 0.00 10,035.00 AP 00011370 09/30/2020 RC CONSTRUCTION SERVICES INC 185,118.35 555,355.03 740,473.38 *** AP 00011371 09/30/2020 RICHARDS WATSON AND GERSHON 26,868.61 0.00 26,868.61 AP 00011372 10/01/2020 AIRGAS USA LLC 0.00 359.00 359.00 AP 00011373 10/01/2020 ESRI 123,945.79 27,960.00 151,905.79 *** AP 00011374 10/01/2020 KME FIRE APPARATUS 0.00 4,621.93 4,621.93 AP 00011375 10/01/2020 OFFICE DEPOT 39.41 0.00 39.41 AP 00011376 10/01/2020 PSA PRINT GROUP 0.00 155.16 155.16 AP 00011377 10/07/2020 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 23,847.79 0.00 23,847.79 AP 00011378 10/07/2020 ESRI 123,945.79 27,960.00 151,905.79 *** AP 00011379 10/07/2020 MOFFATT&NICHOL 73,352.44 0.00 73,352.44 AP 00011380 10/07/2020 PROMOTIONS TEES&MORE 1,412.66 0.00 1,412.66 AP 00011381 10/07/2020 RCCEA 1,798.25 0.00 1,798.25 AP 00011382 10/07/2020 RCPFA 12,599.29 0.00 12,599.29 AP 00011383 10/07/2020 U S DEPARTMENT OF ENERGY 8,717.49 0.00 8,717.49 AP 00011384 10/08/2020 ABC LOCKSMITHS INC 143.55 0.00 143.55 AP 00011385 10/08/2020 AIRGAS USA LLC 105.95 0.00 105.95 AP 00011386 10/08/2020 BIBLIOTHECA LLC 5,154.52 0.00 5,154.52 AP 00011387 10/08/2020 BRODART BOOKS CO 12.86 0.00 12.86 AP 00011388 10/08/2020 CARQUEST AUTO PARTS 15.05 0.00 15.05 AP 00011389 10/08/2020 CITRUS MOTORS ONTARIO INC 356.20 -91.46 264.74 *** AP 00011390 10/08/2020 DUMBELL MAN FITNESS EQUIPMENT,THE 0.00 125.00 125.00 AP 00011391 10/08/2020 DUNN EDWARDS CORPORATION 588.24 0.00 588.24 AP 00011392 10/08/2020 EMCOR SERVICES 2,675.00 0.00 2,675.00 AP 00011393 10/08/2020 GRANICUS INC 845.83 0.00 845.83 AP 00011394 10/08/2020 HOLLIDAY ROCK CO INC 2,023.56 0.00 2,023.56 AP 00011395 10/08/2020 HOSE MAN INC 224.27 66.19 290.46 *** AP 00011396 10/08/2020 KME FIRE APPARATUS 0.00 395.19 395.19 AP 00011397 10/08/2020 MINUTEMAN PRESS 188.56 0.00 188.56 AP 00011399 10/08/2020 OFFICE DEPOT 3,532.76 247.60 3,780.36 *** AP 00011400 10/08/2020 TARGET SPECIALTY PRODUCTS 194.49 0.00 194.49 AP 00011401 10/08/2020 THOMPSON PLUMBING SUPPLY INC 2,076.50 0.00 2,076.50 AP 00412554 09/30/2020 100%SOCCER 2,500.00 0.00 2,500.00 AP 00412555 09/30/2020 ACAI LIFE SUPERFOODS LLC 2,500.00 0.00 2,500.00 AP 00412556 09/30/2020 ACRA MACHINERY INC 2,500.00 0.00 2,500.00 AP 00412557 09/30/2020 ALTA LAGUNA ESTATES 2,928.00 0.00 2,928.00 AP 00412558 09/30/2020 AMICA MIA INC 2,500.00 0.00 2,500.00 AP 00412559 09/30/2020 ARROW&GROVE MARKET&LIQUOR 2,500.00 0.00 2,500.00 AP 00412560 09/30/2020 ASCEND BENEFIT SOLUTIONS INSURANCE SVCS 2,500.00 0.00 2,500.00 AP 00412561 09/30/2020 ASSOCIATED PROPERTY MANAGEMENT LLC 1,100.00 0.00 1,100.00 AP 00412562 09/30/2020 ATM ASSET MANAGEMENT INC 3,600.00 0.00 3,600.00 AP 00412563 09/30/2020 AUSTINE HOMECARE INC 2,500.00 0.00 2,500.00 AP 00412564 09/30/2020 BELLA'S THREADING SALON 865.89 0.00 865.89 AP 00412565 09/30/2020 BIG MIKE BARBERSHOP INC 2,500.00 0.00 2,500.00 AP 00412566 09/30/2020 BIG WOK RESTAURANT INC 4,500.00 0.00 4,500.00 AP 00412567 09/30/2020 BOBA BREAK INC 2,500.00 0.00 2,500.00 User:VLOPEZ-VERONICA LOPEZ Page: I Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page 11me: 07:50:26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412568 09/30/2020 BP INTERNATIONAL INC 2,837.50 0.00 2,837.50 AP 00412569 09/30/2020 CREEKSIDE ALTA LOMA-PINNACLE LIVING 3,600.00 0.00 3,600.00 AP 00412570 09/30/2020 DAIRY QUEEN 3,027.88 0.00 3,027.88 AP 00412571 09/30/2020 DALWADI FAMILY EYE CARE INC 2,500.00 0.00 2,500.00 AP 00412572 09/30/2020 DANCE TERRIFIC 2,500.00 0.00 2,500.00 AP 00412573 09/30/2020 DECEMBER ENTERPRISE LLC 2,500.00 0.00 2,500.00 AP 00412574 09/30/2020 DRAFT CUTS 887.41 0.00 887.41 AP 00412575 09/30/2020 DWB DEVELOPMENT COMPANY 2,688.61 0.00 2,688.61 AP 00412576 09/30/2020 ARZATE,ELIZABETH 3,150.00 0.00 3,150.00 AP 00412577 09/30/2020 EQUITY RESIDENTIAL MANAGEMENT LLC 3,600.00 0.00 3,600.00 AP 00412578 09/30/2020 ERVIN RIOS 3,600.00 0.00 3,600.00 AP 00412579 09/30/2020 FG RANCHO CUCAMONGA SENIOR APARTMENTS LP 3,600.00 0.00 3,600.00 AP 00412580 09/30/2020 FIGHTING 4 THE TATAS BREAST CANCER INC 2,500.00 0.00 2,500.00 AP 00412581 09/30/2020 FITNESS FUN BOOT CAMP 2,500.00 0.00 2,500.00 AP 00412582 09/30/2020 FLEET FEET SPORTS 2,500.00 0.00 2,500.00 AP 00412583 09/30/2020 FOOTHILL OPTOMETRIC CENTER 2,500.00 0.00 2,500.00 AP 00412584 09/30/2020 FOOTHILL VILLAGE PLAZA LLC 2,332.61 0.00 2,332.61 AP 00412585 09/30/2020 FOUNTAINS GARDEN ART 2,500.00 0.00 2,500.00 AP 00412586 09/30/2020 FUSION PMC LLC 3,600.00 0.00 3,600.00 AP 00412587 09/30/2020 GLOW BEAUTY BAR 2,500.00 0.00 2,500.00 AP 00412588 09/30/2020 GRAPHICS FACTORY PRINTING 2,500.00 0.00 2,500.00 AP 00412589 09/30/2020 HAPPY DOGS BATTERIES INC 2,500.00 0.00 2,500.00 AP 00412590 09/30/2020 INLAND PERIODONTAL ASSOCIATES 2,500.00 0.00 2,500.00 AP 00412591 09/30/2020 IVANS HAIR PROFESSIONALS 2,500.00 0.00 2,500.00 AP 00412592 09/30/2020 J&E MACHINE TECH INC 2,500.00 0.00 2,500.00 AP 00412593 09/30/2020 JAMES ACCOUNTING SERVICE 2,500.00 0.00 2,500.00 AP 00412594 09/30/2020 JERRYS BARBERSHOP 2,500.00 0.00 2,500.00 AP 00412595 09/30/2020 JIA Y LEE DDS INC 2,500.00 0.00 2,500.00 AP 00412596 09/30/2020 JOSEPH DEVIN MARTINEZ 3,600.00 0.00 3,600.00 AP 00412597 09/30/2020 JULIO ORTEGA DDS INC 2,500.00 0.00 2,500.00 AP 00412598 09/30/2020 JV JIU JITSU INC 2,500.00 0.00 2,500.00 AP 00412599 09/30/2020 KAYS NAILS&SPA 2,500.00 0.00 2,500.00 AP 00412600 09/30/2020 KIDDIE ACADEMY OF RANCHO CUCAMONGA 2,500.00 0.00 2,500.00 AP 00412601 09/30/2020 KIMMY'S NAILS 2,500.00 0.00 2,500.00 AP 00412602 09/30/2020 KNICKERBOCKER PROPERTIES INC XLVII 3,600.00 0.00 3,600.00 AP 00412603 09/30/2020 LEARNING MINDS INC 2,500.00 0.00 2,500.00 AP 00412604 09/30/2020 LIFE WAY CHURCH 2,500.00 0.00 2,500.00 AP 00412605 09/30/2020 LIFETIME EYECARE OPTOMETRY 2,500.00 0.00 2,500.00 AP 00412606 09/30/2020 LMC 18,000.00 0.00 18,000.00 AP 00412607 09/30/2020 LMC 4,800.00 0.00 4,800.00 AP 00412608 09/30/2020 LMC 3,600.00 0.00 3,600.00 AP 00412609 09/30/2020 LMC 8,036.00 0.00 8,036.00 AP 00412610 09/30/2020 LMC 3,600.00 0.00 3,600.00 AP 00412611 09/30/2020 LMC 7,200.00 0.00 7,200.00 AP 00412612 09/30/2020 LMC 3,600.00 0.00 3,600.00 AP 00412613 09/30/2020 MAJESTIC SPA 2,500.00 0.00 2,500.00 AP 00412614 09/30/2020 MATHNASIUM OF RANCHO CUCAMONGA 2,500.00 0.00 2,500.00 User:VLOPEZ-VERONICA LOPEZ Page: 2 Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Ane: 07:50:26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412615 09/30/2020 MAVIS FOODS LLC 2,500.00 0.00 2,500.00 AP 00412616 09/30/2020 MONTEREY VILLAGE APARTMENTS 3,501.00 0.00 3,501.00 AP 00412617 09/30/2020 PHARMACY AT THE COURTS LLC 2,500.00 0.00 2,500.00 AP 00412618 09/30/2020 PROPERTY MANAGEMENT LEWIS MANAGEMENT CORP 1,128.01 0.00 1,128.01 AP 00412619 09/30/2020 RANCHO MALL LLC 4,800.00 0.00 4,800.00 AP 00412620 09/30/2020 RANCHO VERDE VILLAGE 3,600.00 0.00 3,600.00 AP 00412621 09/30/2020 RANCHO VILLAS APARTMENTS 3,600.00 0.00 3,600.00 AP 00412622 09/30/2020 RC HA LLC 3,401.50 0.00 3,401.50 AP 00412623 09/30/2020 RED CHILLI HOUSE 2,500.00 0.00 2,500.00 AP 00412624 09/30/2020 RENTO CASA INC 2,500.00 0.00 2,500.00 AP 00412625 09/30/2020 ROCKALILY SALON 2,500.00 0.00 2,500.00 AP 00412626 09/30/2020 RSMC SERVICES 2,500.00 0.00 2,500.00 AP 00412627 09/30/2020 SAGEPOINT ACADEMY 2,500.00 0.00 2,500.00 AP 00412628 09/30/2020 SANDERS CHIROPRACTIC 2,500.00 0.00 2,500.00 AP 00412629 09/30/2020 SAVAGE KOREAN BBQ INC 2,500.00 0.00 2,500.00 AP 00412630 09/30/2020 SEISIN REALTY GROUP 3,600.00 0.00 3,600.00 AP 00412631 09/30/2020 SHOPS AT DAY CREEK VILLAGE LLC 1,912.80 0.00 1,912.80 AP 00412632 09/30/2020 SIERRA HEIGHTS 3,600.00 0.00 3,600.00 AP 00412633 09/30/2020 SIERRA PEDIATRIC CARDIOLOGY 2,500.00 0.00 2,500.00 AP 00412634 09/30/2020 SLICK THREADING 3,685.76 0.00 3,685.76 AP 00412635 09/30/2020 SOUR CELLARS 4,500.00 0.00 4,500.00 AP 00412636 09/30/2020 STEPHANIES SANDWICHES 2,500.00 0.00 2,500.00 AP 00412637 09/30/2020 SUBWAY 48478 2,500.00 0.00 2,500.00 AP 00412638 09/30/2020 SUENAILS 2 4,426.05 0.00 4,426.05 AP 00412639 09/30/2020 SYCAMORE SPRINGS APARTMENTS 6,913.00 0.00 6,913.00 AP 00412640 09/30/2020 SZ PROSPERITY INVESTMENTS INC 3,889.76 0.00 3,889.76 AP 00412641 09/30/2020 T&T AUTHENTIC MEXICAN RESTAURANT 2,500.00 0.00 2,500.00 AP 00412642 09/30/2020 TACC INC 8,000.00 0.00 8,000.00 AP 00412643 09/30/2020 THE LABRADA GROUP TRUST ACCOUNT 3,600.00 0.00 3,600.00 AP 00412644 09/30/2020 TOOTH BOOTH PEDIATRIC DENTISTRY 2,500.00 0.00 2,500.00 AP 00412645 09/30/2020 ULTRALINEAR TRANSPORTATION INC 2,500.00 0.00 2,500.00 AP 00412646 09/30/2020 UNITED ASSOCIATION JOUR&APPR 398 PPF 2,500.00 0.00 2,500.00 AP 00412647 09/30/2020 US HUNG WUI INVESTMENT INC 6,319.25 0.00 6,319.25 AP 00412648 09/30/2020 VASU INVESTMENTS INC 2,500.00 0.00 2,500.00 AP 00412649 09/30/2020 VIA VENETTO CAFE 2,500.00 0.00 2,500.00 AP 00412650 09/30/2020 VICTORIA WOODS 8,400.00 0.00 8,400.00 AP 00412651 09/30/2020 VIDA SALON 2,500.00 0.00 2,500.00 AP 00412652 09/30/2020 VILLAGE ON THE GREEN 3,600.00 0.00 3,600.00 AP 00412653 09/30/2020 VINEYARD MARKET LP 3,337.26 0.00 3,337.26 AP 00412654 09/30/2020 WEST POINT MEDICAL CENTER 2,500.00 0.00 2,500.00 AP 00412655 09/30/2020 WOODBRIDGE HOSPITALITY INC 2,500.00 0.00 2,500.00 AP 00412656 09/30/2020 XIAO ZHENG 4,800.00 0.00 4,800.00 AP 00412657 09/30/2020 YNS ENTERPRISE NO 1 LLC 2,740.63 0.00 2,740.63 AP 00412658 09/30/2020 YOLANDA KLOCKOW 1,800.00 0.00 1,800.00 AP 00412659 09/30/2020 YU JADE NAILS&SPA 4,000.23 0.00 4,000.23 AP 00412660 09/30/2020 Z&A AUTO TRANSPORT INC 2,500.00 0.00 2,500.00 AP 00412661 09/30/2020 AGUIRRE,RICHARD 57.60 0.00 57.60 User:VLOPEZ-VERONICA LOPEZ Page: 3 Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Nue: 07:50:26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412662 09/30/2020 ALL CITIES TOOL 2,977.13 0.00 2,977.13 AP 00412663 09/30/2020 AMTECH ELEVATOR SERVICES 1,009.80 0.00 1,009.80 AP 00412664 09/30/2020 ARROW TRAILER SUPPLIES INC 409.40 0.00 409.40 AP 00412665 09/30/2020 ASSI SECURITY 1,750.00 2,215.00 3,965.00 *** AP 00412666 09/30/2020 ATLAS ENGINEERING WEST INC 280.00 0.00 280.00 AP 00412667 09/30/2020 AUEBAU CORPORATION 25,714.00 0.00 25,714.00 AP 00412668 09/30/2020 AUEBAU CORPORATION 17,344.00 0.00 17,344.00 AP 00412669 09/30/2020 BAIZ,ROBERT 16,000.00 0.00 16,000.00 AP 00412670 09/30/2020 BAUER COMPRESSORS 0.00 11,005.60 11,005.60 AP 00412671 09/30/2020 BELMAL,JOSEPH 112.00 0.00 112.00 AP 00412672 09/30/2020 BILL&WAGS INC 375.00 0.00 375.00 AP 00412673 09/30/2020 BISHOP COMPANY 178.77 0.00 178.77 AP 00412674 09/30/2020 BOUND TREE MEDICAL LLC 0.00 451.87 451.87 AP 00412675 09/30/2020 C P CONSTRUCTION INC 351,761.25 0.00 351,761.25 AP 00412679 09/30/2020 C V W D 125,261.01 300.75 125,561.76 *** AP 00412680 09/30/2020 CAL PERS LONG-TERM CARE PROGRAM 164.48 0.00 164.48 AP 00412681 09/30/2020 CARSON,DANIEL 0.00 113.96 113.96 AP 00412682 09/30/2020 CHINO MOWER&ENGINE SERVICE 291.93 0.00 291.93 AP 00412683 09/30/2020 CINTAS CORPORATION #150 1,925.48 263.95 2,189.43 *** AP 00412684 09/30/2020 CONVERGEONE INC 4,996.81 0.00 4,996.81 AP 00412685 09/30/2020 DAISYECO INC 77.00 0.00 77.00 AP 00412686 09/30/2020 DARLING,GREG 1,500.00 0.00 1,500.00 AP 00412687 09/30/2020 DATA TICKET INC 4,747.45 0.00 4,747.45 AP 00412688 09/30/2020 DAVIDS,KELLY 28.00 0.00 28.00 AP 00412689 09/30/2020 DELL MARKETING LP 2,736.73 0.00 2,736.73 AP 00412690 09/30/2020 EXPRESS BRAKE SUPPLY INC 275.17 0.00 275.17 AP 00412691 09/30/2020 FEDERAL EXPRESS CORP 15.06 0.00 15.06 AP 00412692 09/30/2020 FORTIN LAW GROUP 2,630.40 0.00 2,630.40 AP 00412693 09/30/2020 FUEL SERV 0.00 213.75 213.75 AP 00412694 09/30/2020 G&M BUSINESS INTERIORS 110.11 0.00 110.11 AP 00412695 09/30/2020 GLOBAL SOLUTIONS GROUP INC 14,700.00 0.00 14,700.00 AP 00412696 09/30/2020 GOLDEN STATE CONSTRUCTORS INC 18,752.87 0.00 18,752.87 AP 00412697 09/30/2020 GOLDEN STATE RISK MANAGEMENT AUTHORITY 89,782.00 1,114.00 90,896.00 *** AP 00412698 09/30/2020 GRAINGER 379.94 63.65 443.59 *** AP 00412699 09/30/2020 GRAYBAR ELECTRIC COMPANY INC 369.13 0.00 369.13 AP 00412700 09/30/2020 HAULAWAY STORAGE CONTAINERS INC 119.84 0.00 119.84 AP 00412701 09/30/2020 FIR GREEN PACIFIC INC 4,377.50 0.00 4,377.50 AP 00412702 09/30/2020 FIR GREEN PACIFIC INC 7,570.00 0.00 7,570.00 AP 00412703 09/30/2020 IMAGESOLUTIONS.COM 26.92 0.00 26.92 AP 00412704 09/30/2020 INDUSTRIAL HARDWARE&SERVICE CO 400.83 0.00 400.83 AP 00412705 09/30/2020 INLAND DESERT SECURITY&COMMUNICATIONS INC 54.00 0.00 54.00 AP 00412706 09/30/2020 INTERSTATE BATTERIES 100.17 0.00 100.17 AP 00412707 09/30/2020 J AND S STRIPING CO INC 67,452.50 0.00 67,452.50 AP 00412708 09/30/2020 JCA ENGINEERING INC 3,130.00 0.00 3,130.00 AP 00412709 09/30/2020 LEIGHTON CONSULTING INC 14,941.08 0.00 14,941.08 AP 00412710 09/30/2020 LIFE-ASSIST INC 0.00 23,613.21 23,613.21 AP 00412711 09/30/2020 LOWREY,DARREN 500.00 0.00 500.00 User:VLOPEZ-VERONICA LOPEZ Page: 4 Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Nne: 07:50:26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412712 09/30/2020 LOZANO SMITH LLP 8,864.25 0.00 8,864.25 AP 00412713 09/30/2020 MAGELLAN ADVISORS LLC 22,050.00 0.00 22,050.00 AP 00412714 09/30/2020 MARIPOSA LANDSCAPES INC 6,341.81 0.00 6,341.81 AP 00412715 09/30/2020 MARK CHRISTOPHER INC 1,007.25 186.76 1,194.01 *** AP 00412716 09/30/2020 MCI 104.64 0.00 104.64 AP 00412717 09/30/2020 MISSION REPROGRAPHICS 0.00 597.00 597.00 AP 00412718 09/30/2020 MOUNTAIN VIEW SMALL ENG REPAIR 177.25 0.00 177.25 AP 00412719 09/30/2020 MYATT,CONNIE 825.00 0.00 825.00 AP 00412720 09/30/2020 NAPA AUTO PARTS 240.77 2,255.39 2,496.16 *** AP 00412721 09/30/2020 NATIONAL COUNCIL FOR BEHAVIORAL HEALTH 3,187.50 0.00 3,187.50 AP 00412722 09/30/2020 NEXTECH SYSTEMS INC 37,590.02 0.00 37,590.02 AP 00412723 09/30/2020 OCCUPATIONAL HEALTH CTRS OF CA 189.50 27,482.63 27,672.13 *** AP 00412724 09/30/2020 ONTRAC 59.58 0.00 59.58 AP 00412725 09/30/2020 OPEN APPS INC 16,823.52 0.00 16,823.52 AP 00412727 09/30/2020 ORKIN PEST CONTROL 3,649.88 2,434.75 6,084.63 *** AP 00412728 09/30/2020 PACIFIC WESTERN BANK 9,743.07 29,229.21 38,972.28 *** AP 00412729 09/30/2020 PARKHOUSE TIRE INC 9,254.14 0.00 9,254.14 AP 00412730 09/30/2020 PEP BOYS 35.56 0.00 35.56 AP 00412731 09/30/2020 PINNACLE PETROLEUM INC 32,207.59 15,053.22 47,260.81 *** AP 00412732 09/30/2020 POWERWERX INC 0.00 787.39 787.39 AP 00412733 09/30/2020 QUADIENT INC 594.87 0.00 594.87 AP 00412734 09/30/2020 RAND R AUTOMOTIVE 3,050.93 0.00 3,050.93 AP 00412735 09/30/2020 RANCHO SMOG CENTER 399.50 0.00 399.50 AP 00412736 09/30/2020 RBM LOCK AND KEY SERVICE 94.55 0.00 94.55 AP 00412737 09/30/2020 RGB RICE GENERAL BUILDING 25,331.75 0.00 25,331.75 AP 00412738 09/30/2020 SAN BERNARDINO CO AUDITOR CONT 6,897.01 0.00 6,897.01 AP 00412739 09/30/2020 SAN BERNARDINO COUNTY 31.37 0.00 31.37 AP 00412740 09/30/2020 SHRED PROS 58.00 0.00 58.00 AP 00412743 09/30/2020 SOUTH COAST AQMD 1,956.88 0.00 1,956.88 AP 00412744 09/30/2020 SOUTHERN CALIF FLEET SERVICES INC 0.00 5,286.78 5,286.78 AP 00412751 09/30/2020 SOUTHERN CALIFORNIA EDISON 9,043.72 4,248.81 13,292.53 *** AP 00412752 09/30/2020 SOUTHERN CALIFORNIA EDISON 11,514.59 0.00 11,514.59 AP 00412753 09/30/2020 SOUTHERN CALIFORNIA EDISON 5,755.82 0.00 5,755.82 AP 00412754 09/30/2020 SOUTHERN CALIFORNIA EDISON 2,106.33 0.00 2,106.33 AP 00412755 09/30/2020 STATEWIDE TRAFFIC SAFETY&SIGNS INC 989.18 0.00 989.18 AP 00412756 09/30/2020 SWANK MOTION PICTURES INC 30.00 0.00 30.00 AP 00412757 09/30/2020 TINT CITY WINDOW TINTING 395.00 0.00 395.00 AP 00412758 09/30/2020 TIREHUB LLC 528.47 0.00 528.47 AP 00412759 09/30/2020 UNNUNO,WILLIAM 603.57 0.00 603.57 AP 00412760 09/30/2020 UPS 123.41 0.00 123.41 AP 00412762 09/30/2020 UTILIQUEST 5,891.07 0.00 5,891.07 AP 00412763 09/30/2020 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00412764 09/30/2020 VISION COMMUNICATIONS CO 396.00 0.00 396.00 AP 00412765 09/30/2020 VULCAN MATERIALS COMPANY 76.23 0.00 76.23 AP 00412766 09/30/2020 WAXIE SANITARY SUPPLY 13.74 2,103.91 2,117.65 AP 00412767 09/30/2020 WEST COAST ARBORISTS INC 22,084.00 0.00 22,084.00 AP 00412768 09/30/2020 WESTLAND GROUP INC 7,693.50 0.00 7,693.50 User:VLOPEZ-VERONICA LOPEZ Page: 5 Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Vine: 07:50:26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412769 09/30/2020 XU,SHUNING 64.62 0.00 64.62 AP 00412770 10/07/2020 11995 FOOTHILL BLVD LLC 7,825.50 0.00 7,825.50 AP 00412771 10/07/2020 ADDICTED2FITNESS LLC 2,500.00 0.00 2,500.00 AP 00412772 10/07/2020 AKS FITNESS LLC 2,500.00 0.00 2,500.00 AP 00412773 10/07/2020 BELLA'S THREADING SALON 2,500.00 0.00 2,500.00 AP 00412774 10/07/2020 BENAVI AESTHETICS 2,500.00 0.00 2,500.00 AP 00412775 10/07/2020 BIG MIKE BARBERSHOP#2 2,500.00 0.00 2,500.00 AP 00412776 10/07/2020 BREAKWATER INVESTMENTS LLC 1,710.00 0.00 1,710.00 AP 00412777 10/07/2020 CARRIE REAL ESTATE 2,500.00 0.00 2,500.00 AP 00412778 10/07/2020 CITYCOM 4,360.32 0.00 4,360.32 AP 00412779 10/07/2020 CITYWIDE ELECTRIC 2,500.00 0.00 2,500.00 AP 00412780 10/07/2020 CLIPS ON 66 2,500.00 0.00 2,500.00 AP 00412781 10/07/2020 CREEKSIDE ALTA LOMA-PINNACLE LIVING 3,600.00 0.00 3,600.00 AP 00412782 10/07/2020 DARRYL BAKER 3,600.00 0.00 3,600.00 AP 00412783 10/07/2020 DON MIGUEL APARTMENTS 3,600.00 0.00 3,600.00 AP 00412784 10/07/2020 DONNA TERRYS ALOHA HULA STUDIO 2,500.00 0.00 2,500.00 AP 00412785 10/07/2020 DWB DEVELOPMENT COMPANY 1,105.05 0.00 1,105.05 AP 00412786 10/07/2020 EDICO REALTY INC 3,600.00 0.00 3,600.00 AP 00412787 10/07/2020 ELEGANT TOUCH HAIR NAILS AND SPA 3,727.02 0.00 3,727.02 AP 00412788 10/07/2020 ETERNAL LEGACY PROPERTY LLC 13,215.59 0.00 13,215.59 AP 00412789 10/07/2020 EXCEL PROPERTY MGT SERVICES INC 2,310.00 0.00 2,310.00 AP 00412790 10/07/2020 EXPRESS WORKFORCE FOUNDATION 2,500.00 0.00 2,500.00 AP 00412791 10/07/2020 FANCY NAILS 2,500.00 0.00 2,500.00 AP 00412792 10/07/2020 FILLET FADES 2,500.00 0.00 2,500.00 AP 00412793 10/07/2020 FOOTHILL VILLAGE PLAZA LLC 7,155.60 0.00 7,155.60 AP 00412794 10/07/2020 GANDOLFOS NEW YORK DELICATESSEN 786.43 0.00 786.43 AP 00412795 10/07/2020 HAVEN CITY MARKET 2,000.00 0.00 2,000.00 AP 00412796 10/07/2020 IMMIGRATION LAW OFFICE OF THEODORE HUANG 2,500.00 0.00 2,500.00 AP 00412797 10/07/2020 KATHRYN THORSEN 3,000.00 0.00 3,000.00 AP 00412798 10/07/2020 KNICKERBOCKER BARRINGTON PLACE LLC 3,600.00 0.00 3,600.00 AP 00412799 10/07/2020 KOMAR RANCHO CENTER LLC 4,488.00 0.00 4,488.00 AP 00412800 10/07/2020 LAYLA THREADING 2,500.00 0.00 2,500.00 AP 00412801 10/07/2020 LDC ALTA LOMA SQUARE LLC 1,610.44 0.00 1,610.44 AP 00412802 10/07/2020 LMC 4,800.00 0.00 4,800.00 AP 00412803 10/07/2020 LMC 4,800.00 0.00 4,800.00 AP 00412804 10/07/2020 LMC 14,400.00 0.00 14,400.00 AP 00412805 10/07/2020 LMC 7,200.00 0.00 7,200.00 AP 00412806 10/07/2020 LMC 3,600.00 0.00 3,600.00 AP 00412807 10/07/2020 LMC 1,200.00 0.00 1,200.00 AP 00412808 10/07/2020 LMC 3,600.00 0.00 3,600.00 AP 00412809 10/07/2020 LYFE COMPANY LLC 578.83 0.00 578.83 AP 00412810 10/07/2020 MGR PROPERTY MANAGEMENT 3,600.00 0.00 3,600.00 AP 00412811 10/07/2020 NANCY MAYS 50S CAFE 196.08 0.00 196.08 AP 00412812 10/07/2020 PAULA FRENKIEL 4,800.00 0.00 4,800.00 AP 00412813 10/07/2020 PELENGHLAN DEVELOPMENT CO LLC 1,407.00 0.00 1,407.00 AP 00412814 10/07/2020 POT LEGEND 2,500.00 0.00 2,500.00 AP 00412815 10/07/2020 PROPER BARBER SHOP 2,500.00 0.00 2,500.00 User:VLOPEZ-VERONICA LOPEZ Page: 6 Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Wme: 07:50:26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412816 10/07/2020 PROPERTY MANAGEMENT LEWIS MANAGEMENT CORP 4,500.00 0.00 4,500.00 AP 00412817 10/07/2020 RANCHO MALL LLC 11,000.00 0.00 11,000.00 AP 00412818 10/07/2020 RANCHO PARTNERS LLC 1,000.00 0.00 1,000.00 AP 00412819 10/07/2020 RANCHO VERDE VILLAGE 3,600.00 0.00 3,600.00 AP 00412820 10/07/2020 REGAL HOLDING LLC 4,800.00 0.00 4,800.00 AP 00412821 10/07/2020 REX HEYER 3,600.00 0.00 3,600.00 AP 00412822 10/07/2020 ROLL ON OVER DONUTS 2,500.00 0.00 2,500.00 AP 00412823 10/07/2020 SHOOK PROPERTIES INC 2,856.00 0.00 2,856.00 AP 00412824 10/07/2020 SIERRA HEIGHTS 3,600.00 0.00 3,600.00 AP 00412825 10/07/2020 SSRB GROUP INC 2,500.00 0.00 2,500.00 AP 00412826 10/07/2020 STADIUM PLAZA NORTH LLC 2,252.58 0.00 2,252.58 AP 00412827 10/07/2020 SYCAMORE SPRINGS APARTMENTS 879.00 0.00 879.00 AP 00412828 10/07/2020 SYCAMORE VILLA 3,235.08 0.00 3,235.08 AP 00412829 10/07/2020 TERRAZA DEL SOL APARTMENTS 3,600.00 0.00 3,600.00 AP 00412830 10/07/2020 THE STYLIN LOUNGE 2,500.00 0.00 2,500.00 AP 00412831 10/07/2020 THOMAS WINERY PLAZA PROPERTY OWNER LLC 4,488.64 0.00 4,488.64 AP 00412832 10/07/2020 VERANO RANCHO CUCAMONGA TOWN SQUARE 8,252.50 0.00 8,252.50 AP 00412833 10/07/2020 VERNOLA TRUST 8,000.00 0.00 8,000.00 AP 00412834 10/07/2020 VINEYARD MARKET LP 2,824.00 0.00 2,824.00 AP 00412835 10/07/2020 VINH NGO 4,800.00 0.00 4,800.00 AP 00412836 10/07/2020 WELLDUN LLC 2,500.00 0.00 2,500.00 AP 00412837 10/07/2020 YU HAU BAO 3,600.00 0.00 3,600.00 AP 00412838 10/07/2020 A Y NURSERY INC 1,767.10 0.00 1,767.10 AP 00412839 10/07/2020 ABSG CONSULTING INC 9,520.00 0.00 9,520.00 AP 00412840 10/07/2020 AED BRANDS LLC 0.00 8,932.00 8,932.00 AP 00412841 10/07/2020 AELAC GROUP INSURANCE 24.58 0.00 24.58 AP 00412842 10/07/2020 ALLIED NETWORK SOLUTIONS INC 3,361.80 1,680.90 5,042.70 *** AP 00412843 10/07/2020 AUTO&RV SPECIALISTS INC 57.16 0.00 57.16 AP 00412844 10/07/2020 BAKER&TAYLOR LLC 64.60 0.00 64.60 AP 00412845 10/07/2020 BAKER,ERIC 100.00 0.00 100.00 AP 00412846 10/07/2020 BARTEL ASSOCIATES LLC 0.00 2,193.00 2,193.00 AP 00412847 10/07/2020 BILL&WAGS INC 0.00 1,096.88 1,096.88 AP 00412848 10/07/2020 BONGARDE HOLDINGS INC 397.00 0.00 397.00 AP 00412849 10/07/2020 BRAUN BLAISING SMITH WYNNE 99.49 0.00 99.49 AP 00412850 10/07/2020 BRIGHTVIEW LANDSCAPE SERVICES INC 12,424.02 0.00 12,424.02 AP 00412851 10/07/2020 BUCK,DAVID 295.00 0.00 295.00 AP 00412852 10/07/2020 BUREAU VERITAS NORTH AMERICA INC 1,489.83 0.00 1,489.83 AP 00412853 10/07/2020 BURNS,BRYAN 0.00 64.68 64.68 AP 00412854 10/07/2020 C V W D 282.90 0.00 282.90 AP 00412860 10/07/2020 C V W D 122,335.14 470.83 122,805.97 *** AP 00412861 10/07/2020 CAL PERS LONG-TERM CARE PROGRAM 164.48 0.00 164.48 AP 00412862 10/07/2020 CALIFORNIA,STATE OF 314.11 0.00 314.11 AP 00412863 10/07/2020 CALIFORNIA,STATE OF 127.52 0.00 127.52 AP 00412864 10/07/2020 CALIFORNIA,STATE OF 342.73 0.00 342.73 AP 00412865 10/07/2020 CAMERON-DANIEL PC 2,257.00 0.00 2,257.00 AP 00412866 10/07/2020 CDW GOVERNMENT INC 16,235.49 0.00 16,235.49 AP 00412867 10/07/2020 CHARTER COMMUNICATIONS 4,535.68 6,414.96 10,950.64 *** User:VLOPEZ-VERONICA LOPEZ Page: 7 Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Hue: 07:50:26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412868 10/07/2020 CHAU,LAM MANG 28.60 0.00 28.60 AP 00412869 10/07/2020 CINTAS CORPORATION #150 0.00 419.39 419.39 AP 00412870 10/07/2020 COMMERCIAL ROOFING SYSTEMS INC 6,994.50 0.00 6,994.50 AP 00412871 10/07/2020 DANIELS TIRE SERVICE 0.00 185.00 185.00 AP 00412872 10/07/2020 E POLY STAR INC 1,496.65 0.00 1,496.65 AP 00412873 10/07/2020 EIGHTH AVENUE ENTERPRISE LLC 840.45 0.00 840.45 AP 00412874 10/07/2020 EP CONTAINER CORPORATION 3,084.28 0.00 3,084.28 AP 00412875 10/07/2020 ERICKSON-HALL CONSTRUCTION CO 0.00 66,915.40 66,915.40 AP 00412876 10/07/2020 EXECUTIVE AUTO DETAIL 0.00 260.00 260.00 AP 00412877 10/07/2020 FACTORY MOTOR PARTS 0.00 227.52 227.52 AP 00412878 10/07/2020 FALLON,BRIAN 0.00 295.00 295.00 AP 00412879 10/07/2020 FEDERAL EXPRESS CORP 70.41 0.00 70.41 AP 00412880 10/07/2020 FIRE APPARATUS SOLUTIONS 0.00 3,404.28 3,404.28 AP 00412881 10/07/2020 FIREFIGHTERS'SAFETY CENTER 0.00 171.86 171.86 AP 00412882 10/07/2020 FIRST LOAN 14.49 0.00 14.49 AP 00412883 10/07/2020 GENERAL MICRO SYSTEMS INC 1,358.12 0.00 1,358.12 AP 00412884 10/07/2020 GENTRY BROTHERS INC 99,660.20 0.00 99,660.20 AP 00412885 10/07/2020 GLOBALSTAR USA 155.73 0.00 155.73 AP 00412886 10/07/2020 GRAINGER 0.00 82.43 82.43 AP 00412887 10/07/2020 GRAYBAR ELECTRIC COMPANY INC 145.46 0.00 145.46 AP 00412888 10/07/2020 HARDY&HARPER INC 539,030.24 0.00 539,030.24 AP 00412889 10/07/2020 HMC ARCHITECTS 8,897.50 0.00 8,897.50 AP 00412890 10/07/2020 HOYT LUMBER CO,S M 0.00 12.60 12.60 AP 00412891 10/07/2020 ICE DATA PRICING AND REFERENCE DATA LLC 148.98 0.00 148.98 AP 00412892 10/07/2020 INLAND EMPIRE PROPERTY SERVICES INC 0.00 3,405.00 3,405.00 AP 00412893 10/07/2020 INTERWEST CONSULTING GROUP INC 539.83 1,867.61 2,407.44 *** AP 00412894 10/07/2020 ITERIS INC 40,763.24 0.00 40,763.24 AP 00412895 10/07/2020 J AND S STRIPING CO INC 811.44 0.00 811.44 AP 00412896 10/07/2020 KAISER FOUNDATION HEALTH PLAN INC 231,170.21 0.00 231,170.21 AP 00412897 10/07/2020 KAUR,MANDIP 319.00 0.00 319.00 AP 00412898 10/07/2020 KINETIC LIGHTING INC 41,246.61 0.00 41,246.61 AP 00412899 10/07/2020 LEISURE COACHWORKS 21,246.66 0.00 21,246.66 AP 00412900 10/07/2020 LIFE-ASSIST INC 0.00 125.26 125.26 AP 00412901 10/07/2020 LITTLE BEAR PRODUCTIONS 0.00 1,875.00 1,875.00 AP 00412902 10/07/2020 MIDWEST TAPE 3,361.85 0.00 3,361.85 AP 00412903 10/07/2020 MYERS TIRE SUPPLY COMPANY 0.00 380.21 380.21 AP 00412904 10/07/2020 NAPA AUTO PARTS 0.00 2,094.93 2,094.93 AP 00412905 10/07/2020 OCCUPATIONAL HEALTH CTRS OF CA 0.00 385.68 385.68 AP 00412906 10/07/2020 ONWARD ENGINEERING 2,420.00 0.00 2,420.00 AP 00412907 10/07/2020 PINNACLE PETROLEUM INC 0.00 14,184.22 14,184.22 AP 00412908 10/07/2020 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00412909 10/07/2020 QUADIENT-4715 25,000.00 0.00 25,000.00 AP 00412910 10/07/2020 RACEWAY FORD 50,694.03 0.00 50,694.03 AP 00412911 10/07/2020 SAFE-ENTRY TECHNICAL INC 0.00 180.77 180.77 AP 00412912 10/07/2020 SAN BERNARDINO COUNTY 15,008.88 12,289.88 27,298.76 *** AP 00412913 10/07/2020 SBPEA 2,427.24 0.00 2,427.24 AP 00412914 10/07/2020 SHERIFFS COURT SERVICES 100.00 0.00 100.00 User:VLOPEZ-VERONICA LOPEZ Page: 8 Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page hi ne: 07:50:26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412915 10/07/2020 SHRED PROS 0.00 63.00 63.00 AP 00412916 10/07/2020 SILVER&WRIGHT LLP 0.00 2,097.50 2,097.50 AP 00412917 10/07/2020 SOCAL PPE 0.00 1,525.50 1,525.50 AP 00412918 10/07/2020 SOUTH COAST AQMD 0.00 421.02 421.02 AP 00412922 10/07/2020 SOUTHERN CALIFORNIA EDISON 25,872.81 1,145.35 27,018.16 *** AP 00412923 10/07/2020 SOUTHERN CALIFORNIA EDISON 73.97 0.00 73.97 AP 00412924 10/07/2020 STANDARD INSURANCE COMPANY 11,774.42 0.00 11,774.42 AP 00412925 10/07/2020 STANDARD INSURANCE COMPANY 3,514.47 0.00 3,514.47 AP 00412926 10/07/2020 TIREHUB LLC 0.00 837.27 837.27 AP 00412927 10/07/2020 U.S.BANK PARS ACCT#6746022500 21,417.55 0.00 21,417.55 AP 00412928 10/07/2020 U.S.BANK PARS ACCT#6746022500 1,096.45 0.00 1,096.45 AP 00412929 10/07/2020 UGARTE,BETHANY 12.72 0.00 12.72 AP 00412930 10/07/2020 ULINE 106.67 0.00 106.67 AP 00412931 10/07/2020 UNITED RENTALS NORTH AMERICA INC 269.38 0.00 269.38 AP 00412932 10/07/2020 UNITED WAY 50.00 0.00 50.00 AP 00412933 10/07/2020 UNIVERSAL FLEET SUPPLY 0.00 1,392.98 1,392.98 AP 00412934 10/07/2020 URBAN ARENA 7,950.00 0.00 7,950.00 AP 00412935 10/07/2020 VALLEY POWER SYSTEMS INC 1,623.78 0.00 1,623.78 AP 00412936 10/07/2020 VELOCITY TRUCK CENTERS 8.61 1,047.86 1,056.47 *** AP 00412937 10/07/2020 VIRTUAL PROJECT MANAGER LLC 500.00 0.00 500.00 AP 00412938 10/07/2020 VISION COMMUNICATIONS CO 346.50 0.00 346.50 AP 00412939 10/07/2020 VULCAN MATERIALS COMPANY 264.84 0.00 264.84 AP 00412940 10/07/2020 WAXIE SANITARY SUPPLY 2,202.27 0.00 2,202.27 AP 00412941 10/07/2020 WEST COAST ARBORISTS INC 16,942.00 0.00 16,942.00 AP 00412942 10/07/2020 WESTLAND GROUP INC 1,599.75 0.00 1,599.75 AP 00412943 10/07/2020 WESTRUX INTERNATIONAL INC 1,053.17 0.00 1,053.17 AP 00412944 10/07/2020 WILSON&BELL AUTO SERVICE 11,952.68 0.00 11,952.68 AP 00412945 10/07/2020 WINZER CORPORATION 0.00 257.34 257.34 AP 00412946 10/07/2020 ZEP SALES AND SERVICE 737.06 0.00 737.06 AP 00412947 10/07/2020 ZOLL MEDICAL CORPORATION 0.00 20,485.00 20,485.00 Total City: $3,634,775.32 Total Fire: $905,063.34 Grand Total: Note: *** Check Number includes both City and Fire District expenditures User:VLOPEZ-VERONICA LOPEZ Page: 9 Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page fine: 07:50:26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register September 1,2020 to September 30,2020 DATE DESCRIPTION CITY FIRE AMOUNT 9/1 U.S.BANK-Purchasing Card Payment 20,464.95 6,199.54 26,664.49 9/1 U.S.BANK-Corporate Card Payment 27,742.02 11,693.92 39,435.94 9/1 U.S.BANK-Costco Card Payment 268.78 2,414.22 2,683.00 9/1 Workers Comp-City Account Transfer 772.23 772.23 9/1 Workers Comp-Fire Account Transfer 440.68 440.68 9/2 Bank Fee 103.00 103.00 9/2 Workers Comp-Fire Account Transfer 1,740.00 1,740.00 9/3 CALPERS-City-Retirement Account Deposit 55.11 55.11 9/3 CALPERS-Fire-Retirement Account Deposit 197.53 197.53 9/3 Workers Comp-City Account Transfer 210.37 210.37 9/3 Workers Comp-Fire Account Transfer 3,036.52 3,036.52 9/4 Workers Comp-Fire Account Transfer 26.34 26.34 9/8 Workers Comp-City Account Transfer 12.00 12.00 9/9 CALPERS-City-Retirement Account Deposit 54,849.20 54,849.20 9/9 CALPERS-City-Retirement Account Deposit 110,012.77 110,012.77 9/9 Workers Comp-Fire Account Transfer 184.73 184.73 9/10 CALPERS-Fire-Retirement Account Deposit 3,261.32 3,261.32 9/10 CALPERS-Fire-Retirement Account Deposit 3,285.04 3,285.04 9/10 CALPERS-Fire-Retirement Account Deposit 4,788.18 4,788.18 9/10 CALPERS-Fire-Retirement Account Deposit 10,499.63 10,499.63 9/10 CALPERS-Fire-Retirement Account Deposit 24,596.71 24,596.71 9/10 CALPERS-Fire-Retirement Account Deposit 118,679.85 118,679.85 9/10 STATE DISBURSEMENT UNIT-Child Support Payments 4,288.13 4,288.13 9/10 STATE DISBURSEMENT UNIT-Child Support Payments 2,782.50 2,782.50 9/10 Workers Comp-Fire Account Transfer 939.44 939.44 9/11 Workers Comp-City Account Transfer 1,228.73 1,228.73 9/11 Workers Comp-Fire Account Transfer 329.84 329.84 9/14 WIRE PAYMENT-RCMU CAISO 98,320.75 98,320.75 9/14 Workers Comp-City Account Transfer 1,428.73 1,428.73 9/14 Workers Comp-Fire Account Transfer 126.43 126.43 9/16 Workers Comp-City Account Transfer 109.52 109.52 9/17 Workers Comp-City Account Transfer 8.75 8.75 9/17 Workers Comp-Fire Account Transfer 251.29 251.29 9/18 Workers Comp-City Account Transfer 932.13 932.13 9/18 Workers Comp-Fire Account Transfer 2,543.16 2,543.16 9/21 WIRE PAYMENT-RCMU CAISO 31,318.39 31,318.39 9/21 Workers Comp-City Account Transfer 45.85 45.85 9/21 Workers Comp-Fire Account Transfer 580.00 580.00 9/22 CALPERS-City-Retirement Account Deposit 55,496.46 55,496.46 9/22 CALPERS-City-Retirement Account Deposit 111,178.89 111,178.89 9/22 Workers Comp-City Account Transfer 1,834.00 1,834.00 9/23 WIRE PAYMENT-Escrow Deposit 1,000.00 1,000.00 9/23 Workers Comp-City Account Transfer 158.40 158.40 9/23 Workers Comp-Fire Account Transfer 610.29 610.29 9/24 CALPERS-Fire-Retirement Account Deposit 179,989.54 179,989.54 9/24 CALPERS-Fire-Retirement Account Deposit 3,261.32 3,261.32 9/24 CALPERS-Fire-Retirement Account Deposit 3,285.04 3,285.04 9/24 CALPERS-Fire-Retirement Account Deposit 4,788.18 4,788.18 9/24 CALPERS-Fire-Retirement Account Deposit 10,499.63 10,499.63 9/24 CALPERS-Fire-Retirement Account Deposit 24,521.80 24,521.80 9/24 CALPERS-Fire-Retirement Account Deposit 118,679.85 118,679.85 9/24 STATE DISBURSEMENT UNIT-Child Support Payments 4,288.13 4,288.13 9/24 STATE DISBURSEMENT UNIT-Child Support Payments 2,782.50 2,782.50 9/24 Workers Comp-City Account Transfer 891.54 891.54 9/24 Workers Comp-Fire Account Transfer 415.80 415.80 9/25 Workers Comp-City Account Transfer 1,636.32 1,636.32 1 Page 26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register September 1,2020 to September 30,2020 DATE DESCRIPTION CITY FIRE AMOUNT 9/25 Workers Comp-Fire Account Transfer 3,125.09 3,125.09 9/28 WIRE PAYMENT-RCMU CAISO 5,681.45 5,681.45 9/28 Workers Comp-Fire Account Transfer 220.24 220.24 9/29 Workers Comp-City Account Transfer 1,164.69 1,164.69 9/29 Workers Comp-Fire Account Transfer 959.47 959.47 9/30 Workers Comp-City Account Transfer 3,950.60 3,950.60 9/30 Workers Comp-Fire Account Transfer 822.74 822.74 TOTAL CITY 536,440.63 TOTAL FIRE 555,569.62 GRAND TOTAL 1,092,010.25 2 Page 27 e m S' j DATE: October 21, 2020 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Veronica Lopez, Accounts Payable Supervisor SUBJECT: Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of $56.27 Dated September 28, 2020 Through October 11, 2020. 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: Attachment - 1 —Weekly Check Registers Page 28 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412741 09/30/2020 SO CALIF GAS COMPANY 430.73 56.27 487.00 *** AP 00412742 09/30/2020 SO CALIF GAS COMPANY 1,480.66 0.00 1,480.66 Total City: $1,911.39 Total Fire: $56.27 Grand Total: Note: *** Check Number includes both City and Fire District expenditures User:VLOPEZ-VERONICA LOPEZ Page: I Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Nne: 08:08:33 DATE: October 21, 2020 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Lori E. Sassoon, Deputy City Manager/Administrative Services Tamara L. Layne, Finance Director SUBJECT: Consideration to receive and file current Investment Schedule as of September 30, 2020. 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 September 30, 2020. BACKGROUND: The attached investment schedule as of September 30, 2020 reflects cash and investments managed by the Finance Department/Revenue 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 June 25, 2020. 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. 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M N M ® L/) d- d. to Ul I- ( : w N N N w N 0 O O O 0 w t CD LU Z M V`' O Z M LL y[ CD M Y O ti C Q O O O Q O ~m~ ImI�� ... .. O. N O O Q O I-� O 'L Lu O ct Lr 0 O z U CL N CD �[ CD � N CD Z CD u y0y, r14O = O m O CD ( ..... •i O Z N OM O U W CD O Q O W O W 0 R rg N m CL u O O O O vJ O in in �Z C. N N N N y R LL "- M d' O VS O O O C O = Q jai _O O_ 3 © t O O O G7 O Lfl 16 D Of _ v M Vim' O N M N O 0 m O N M G O = C O U F- o 0 0 o r x Page 39Li- DATE: October 21, 2020 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Darci Vogel, Business Manager SUBJECT: Consideration to Award a Contract to OCC Builders, Inc. in the Amount of $79,000, plus a 10% Contingency in the Amount of$7,900, and Authorization of an Appropriation in the amount of$120,170 for the RCFPD Fire Station No. 176 Site Improvements Project. RECOMMENDATION: Staff recommends that the Fire Board: 1. Approve the plans and specifications for the RCFPD Fire Station No. 176 Site Improvements Project; 2. Accept the bids received for the project; 3. Award and authorize the execution of a contract to OCC Builders, Inc. in the amount of $79,000, as being the lowest responsive bidder; 4. Authorize the expenditure of a 10% contingency in the amount of$7,900; 5. Authorize a Purchase Order in the amount of$8,500 to Westland Group, Inc. for survey services; 6. Authorize a Purchase Order in the amount of$7,812 for to Ninyo and Moore for soil and material testing; 7. Authorize a Purchase Order in the amount of$16,958 to Aufbau Corporation for on-call construction inspection services; and 8. Authorize an appropriation in the amount of$120,170. BACKGROUND: Fire Station 176, located at 5840 East Avenue, was built in 2004. While a perimeter wall was built as part of the project, a section was not completed during construction in order to allow access to the developer of the property behind the station. The development has since been completed, however the wall has yet to be finished due to previous engineer estimates being too costly. In early 2020, the project needs were reassessed and the wall was redesigned at a lower estimated expense. ANALYSIS: The scope of work to be performed consists of, but is not limited to, partial clear and grub, demolition and patch and repair of existing concrete curb as required, partial demolition of existing site walls, new sand bag concrete pad, earthwork regrading, removal of existing sand bag concrete k-rails, relocation or capping of existing irrigation within area of work, installation of new site cmu site walls, and installation of new stone gravel. A vicinity map is included as Attachment 1. The Notice Inviting Bids was released to the general contracting community and was published in the Daily Bulletin on September 22 and 29, 2020. The City Clerk's Office facilitated the formal solicitation for bidding the project. On October 6, 2020, the City Clerk's Office received 11 construction bids. A full bid summary is included as Attachment 2. The Engineer's estimated range for the project was $90,000 to $110,000. The lowest responsive bidder, OCC Builders, Inc., submitted a bid in the amount of$79,000. Page 40 Staff has reviewed all bids received and found 10 to be complete and in accordance with the bid requirements with any irregularities being inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder, OCC Builders, Inc., meets the requirements of the bid documents. FISCAL IMPACT: Anticipated construction costs are estimated to be as follows: Expenditure Category Amount Construction Contract $79,000.00 Construction Contract Contingency (10%) $7,900.00 Survey Services $8,500.00 Soil and Material Testing Services $7,812.00 Construction Inspection Services $16,958.00 Total Estimated Construction Costs ......120,170 00 A total of$100,000 was budgeted in FY 2019-20 from the Fire Capital Projects (Fund 288) for design and construction of the project. Of this, $21,450 was allocated on design. Due to delays in finalizing plans and going to bid, the contract was not awarded during FY 2019-20 and the remaining $78,550 returned to fund balance. In order to complete construction of the project, a total of $120,170 will need to be appropriated for FY 2020-21 under the account listed below. This total includes the $78,550 that returned to fund balance, as well as an additional $41,620. Account No. Funding Source Description Amount ....................................................................................................................................................................................F.Lre....Protect.1.o.n...................................................................................................................................:........................................................................................................................................... 3288501-5650/ 1995288-6314 Capital Fund East Ave Sta 176 Perimter Wall $120,170.00 ....................................................................................................................................................................................................................................................................................................Total ...Project A' ... ...............ppro.......pat ri. .Lo.n............................1.20....1.70..00 $ COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's vision for the City by ensuring the construction of high-quality public improvements that promote a world class community. ATTACHMENTS: Attachment 1 —Vicinity Map Attachment 2 — Bid Summary Page 2 Page 41 ATTACHMENT 1 PROJECT: RCFPD Fire Station No. 176 Site Improvements Vicinity Map NOT TO SCALE f //0 rl all; I �if f��u„r / ��O �� M W �4M f'�aM11Al11MM M �IWwwIY6ix f�'N �IAI. k � M W"e ..Ai. M M � M �F _ M d4 WIWWWW. iu . � M M �X!�WIAY , M AANYWYYY'M M M M XIA %M M W1 as wrn'!°f �l I HHH�Jldle Rd M u�V rQ7 Y7 rww(.� � Sfll'1 f J C:IIuum '' '"s wM M � 7raY lydr,U�ru;M'r,il Ilu'�tPgg M M �x+1rr �, L..�irnui� r,�✓fi' I 12mclin15v. t"kry Etwarldap Jpy ,pm¢t l llulr C.0 L(ilal C{idi i.a i,, fd't i" 4r'1 .1 M CC qq M A 1 iT Rancho cuclimonga I"YN I V r,ly Po"'q U" P I4a, Of On It .aI reI" e,rCM1 I'i sra�P'I',rq,a a�f"°u¢�ai,�r�ru l„���t "I #p �ue.arrGofY a ,r 601 ';ah r II 'rl 1. n �� 1 & YMWNXMr ry M wl.nn�r f afr I„altirlufl.'Irifa Ave Project Site, N Page 42 74 0 , go X a o G G � 0 0 0 0 0 o e o 0 0 0 0 0 0 0 0 0 0 o e 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 0 0 00 0 o u o 0 0 0 0 0 00 0 0 0o u 0 0 0 0 0 o N o 0 0 0 0 0 0 0 0 0 0 o N we 2 o� 8 8 08 fy "' 9 8 FA kA 88 m w kA G' FR G' Z;FA 8 G 8 8 8 8 8 9 8 kCl `vY 9 8 8 0£3 8 £e 8 _ m o (» (» » (» (» (» (» (» 2� 8e 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 o co o N M o 0 0 00 0 0 00 - 8 2 m o » (» » » » » » 8 e 8 8 8 8 8 8 8 8 8 8 8 8 8 8 m 20 E. 0. Iz z. .. o 0 00 0 o N o r o 0 o u o0 0 0 00 0 c o 0 0 0 0 0 0 o N w o o m o e o 0 0 0 0 8 8 8 8 8 8 8 8 8 9 8 R x 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 _ zo BE o _ 9 zw c 2 �LL B b ® ® I � b b DATE: October 21, 2020 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 Darci Vogel, Business Manager SUBJECT: Consideration to Authorize the Appropriation in the Amount of$422,000 from the Fire Capital Fund for Capital Outlay at the Public Safety Facility. RECOMMENDATION: Staff recommends that the Fire Board approve an appropriation in the amount of$422,000 from the Fire District Capital Fund to procure and install capital outlay at the Public Safety Facility. BACKGROUND: In Fiscal Year 2019-20, the Fire Board approved the construction budget for the Public Safety Facility located at 8870 San Bernardino Road, west of Vineyard. This facility replaces the aging Fire Station 172 and provides the first police substation west of Haven Avenue, enhancing the City's public safety presence and responsiveness citywide. The facility will also house a community room and other improvements to directly serve the communities on the west side of Rancho Cucamonga. ANALYSIS: As part of the overall project, the Public Safety Facility requires the installation of a variety of furniture, fixtures, and equipment (FF&E). A total of$500,000 was budgeted for these expenses. However, due to COVID-related stay at home orders and unforeseen delays, FF&E was not purchased during FY 2019-20 and the $500,000 returned to fund balance. The construction of the Public Safety Facility is nearing completion and the required FF&E will need to be purchased and installed. FF&E will be purchased from a variety of vendors. Staff will also utilize the list of approved vendors included in the piggyback contract awarded by the County of San Bernardino for the purchase and install of furniture related items. On September 2, 2020, the Fire Board re-appropriated $78,000 in FF&E funds for the required technology infrastructure. At this time, staff recommends that the Fire Board re-appropriate the remaining $422,000 in the current FY 2020-21 to complete the purchase of FF&E. FISCAL IMPACT: Project funds from FY 2019-20 were returned to fund balance as there were no vendors selected by the end of the fiscal year due to COVID related delays. Staff recommends that the remaining unspent funds be re-appropriated to the following account to allow for project completion: ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Account No. Funding Source Description Amount 328850.1.-5606..............................Fire ....Protection ....Capital Fund ....................F.D......Public ...Safety.........Fact.litY $..............................................................................................422.,000 ....................................................................................................................................................................................................................................................................................................Total ...P.roeCt...A...............ro.......ri.at.Lo.n...........................................422....000 1 pp p Page 44 COUNCIL GOAL(S) ADDRESSED: This item brings together portions of the Council's vision and core value by providing a sustainable City and promoting a safe and healthy community for all. This is accomplished by ensuring our City first responders have the resources and tools necessary to provide vital fire and life safety services to all. ATTACHMENTS: None Page 2 Page 45 a a a DATE: October 21, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Veronica Lopez, Accounts Payable Supervisor SUBJECT: Consideration to Approve Bi-Weekly Payroll in the Amount of$975,100.58 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of$3,634,775.32 Dated September 28, 2020 Through October 11, 2020 and Electronic Debit Register for the Month of September in the Amount of$536,440.63. 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 MISSION /VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment - 1 —Weekly Check Registers Attachment—2 — Electronic Debit Register Page 46 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00011368 09/30/2020 ABSOLUTE SECURITY INTERNATIONAL INC 364.00 0.00 364.00 AP 00011369 09/30/2020 HUITT-ZOLLARS INC 10,035.00 0.00 10,035.00 AP 00011370 09/30/2020 RC CONSTRUCTION SERVICES INC 185,118.35 555,355.03 740,473.38 *** AP 00011371 09/30/2020 RICHARDS WATSON AND GERSHON 26,868.61 0.00 26,868.61 AP 00011372 10/01/2020 AIRGAS USA LLC 0.00 359.00 359.00 AP 00011373 10/01/2020 ESRI 123,945.79 27,960.00 151,905.79 *** AP 00011374 10/01/2020 KME FIRE APPARATUS 0.00 4,621.93 4,621.93 AP 00011375 10/01/2020 OFFICE DEPOT 39.41 0.00 39.41 AP 00011376 10/01/2020 PSA PRINT GROUP 0.00 155.16 155.16 AP 00011377 10/07/2020 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 23,847.79 0.00 23,847.79 AP 00011378 10/07/2020 ESRI 123,945.79 27,960.00 151,905.79 *** AP 00011379 10/07/2020 MOFFATT&NICHOL 73,352.44 0.00 73,352.44 AP 00011380 10/07/2020 PROMOTIONS TEES&MORE 1,412.66 0.00 1,412.66 AP 00011381 10/07/2020 RCCEA 1,798.25 0.00 1,798.25 AP 00011382 10/07/2020 RCPFA 12,599.29 0.00 12,599.29 AP 00011383 10/07/2020 U S DEPARTMENT OF ENERGY 8,717.49 0.00 8,717.49 AP 00011384 10/08/2020 ABC LOCKSMITHS INC 143.55 0.00 143.55 AP 00011385 10/08/2020 AIRGAS USA LLC 105.95 0.00 105.95 AP 00011386 10/08/2020 BIBLIOTHECA LLC 5,154.52 0.00 5,154.52 AP 00011387 10/08/2020 BRODART BOOKS CO 12.86 0.00 12.86 AP 00011388 10/08/2020 CARQUEST AUTO PARTS 15.05 0.00 15.05 AP 00011389 10/08/2020 CITRUS MOTORS ONTARIO INC 356.20 -91.46 264.74 *** AP 00011390 10/08/2020 DUMBELL MAN FITNESS EQUIPMENT,THE 0.00 125.00 125.00 AP 00011391 10/08/2020 DUNN EDWARDS CORPORATION 588.24 0.00 588.24 AP 00011392 10/08/2020 EMCOR SERVICES 2,675.00 0.00 2,675.00 AP 00011393 10/08/2020 GRANICUS INC 845.83 0.00 845.83 AP 00011394 10/08/2020 HOLLIDAY ROCK CO INC 2,023.56 0.00 2,023.56 AP 00011395 10/08/2020 HOSE MAN INC 224.27 66.19 290.46 *** AP 00011396 10/08/2020 KME FIRE APPARATUS 0.00 395.19 395.19 AP 00011397 10/08/2020 MINUTEMAN PRESS 188.56 0.00 188.56 AP 00011399 10/08/2020 OFFICE DEPOT 3,532.76 247.60 3,780.36 *** AP 00011400 10/08/2020 TARGET SPECIALTY PRODUCTS 194.49 0.00 194.49 AP 00011401 10/08/2020 THOMPSON PLUMBING SUPPLY INC 2,076.50 0.00 2,076.50 AP 00412554 09/30/2020 100%SOCCER 2,500.00 0.00 2,500.00 AP 00412555 09/30/2020 ACAI LIFE SUPERFOODS LLC 2,500.00 0.00 2,500.00 AP 00412556 09/30/2020 ACRA MACHINERY INC 2,500.00 0.00 2,500.00 AP 00412557 09/30/2020 ALTA LAGUNA ESTATES 2,928.00 0.00 2,928.00 AP 00412558 09/30/2020 AMICA MIA INC 2,500.00 0.00 2,500.00 AP 00412559 09/30/2020 ARROW&GROVE MARKET&LIQUOR 2,500.00 0.00 2,500.00 AP 00412560 09/30/2020 ASCEND BENEFIT SOLUTIONS INSURANCE SVCS 2,500.00 0.00 2,500.00 AP 00412561 09/30/2020 ASSOCIATED PROPERTY MANAGEMENT LLC 1,100.00 0.00 1,100.00 AP 00412562 09/30/2020 ATM ASSET MANAGEMENT INC 3,600.00 0.00 3,600.00 AP 00412563 09/30/2020 AUSTINE HOMECARE INC 2,500.00 0.00 2,500.00 AP 00412564 09/30/2020 BELLA'S THREADING SALON 865.89 0.00 865.89 AP 00412565 09/30/2020 BIG MIKE BARBERSHOP INC 2,500.00 0.00 2,500.00 AP 00412566 09/30/2020 BIG WOK RESTAURANT INC 4,500.00 0.00 4,500.00 AP 00412567 09/30/2020 BOBA BREAK INC 2,500.00 0.00 2,500.00 User:VLOPEZ-VERONICA LOPEZ Page: I Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page f1me: 07:50:26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412568 09/30/2020 BP INTERNATIONAL INC 2,837.50 0.00 2,837.50 AP 00412569 09/30/2020 CREEKSIDE ALTA LOMA-PINNACLE LIVING 3,600.00 0.00 3,600.00 AP 00412570 09/30/2020 DAIRY QUEEN 3,027.88 0.00 3,027.88 AP 00412571 09/30/2020 DALWADI FAMILY EYE CARE INC 2,500.00 0.00 2,500.00 AP 00412572 09/30/2020 DANCE TERRIFIC 2,500.00 0.00 2,500.00 AP 00412573 09/30/2020 DECEMBER ENTERPRISE LLC 2,500.00 0.00 2,500.00 AP 00412574 09/30/2020 DRAFT CUTS 887.41 0.00 887.41 AP 00412575 09/30/2020 DWB DEVELOPMENT COMPANY 2,688.61 0.00 2,688.61 AP 00412576 09/30/2020 ARZATE,ELIZABETH 3,150.00 0.00 3,150.00 AP 00412577 09/30/2020 EQUITY RESIDENTIAL MANAGEMENT LLC 3,600.00 0.00 3,600.00 AP 00412578 09/30/2020 ERVIN RIOS 3,600.00 0.00 3,600.00 AP 00412579 09/30/2020 FG RANCHO CUCAMONGA SENIOR APARTMENTS LP 3,600.00 0.00 3,600.00 AP 00412580 09/30/2020 FIGHTING 4 THE TATAS BREAST CANCER INC 2,500.00 0.00 2,500.00 AP 00412581 09/30/2020 FITNESS FUN BOOT CAMP 2,500.00 0.00 2,500.00 AP 00412582 09/30/2020 FLEET FEET SPORTS 2,500.00 0.00 2,500.00 AP 00412583 09/30/2020 FOOTHILL OPTOMETRIC CENTER 2,500.00 0.00 2,500.00 AP 00412584 09/30/2020 FOOTHILL VILLAGE PLAZA LLC 2,332.61 0.00 2,332.61 AP 00412585 09/30/2020 FOUNTAINS GARDEN ART 2,500.00 0.00 2,500.00 AP 00412586 09/30/2020 FUSION PMC LLC 3,600.00 0.00 3,600.00 AP 00412587 09/30/2020 GLOW BEAUTY BAR 2,500.00 0.00 2,500.00 AP 00412588 09/30/2020 GRAPHICS FACTORY PRINTING 2,500.00 0.00 2,500.00 AP 00412589 09/30/2020 HAPPY DOGS BATTERIES INC 2,500.00 0.00 2,500.00 AP 00412590 09/30/2020 INLAND PERIODONTAL ASSOCIATES 2,500.00 0.00 2,500.00 AP 00412591 09/30/2020 IVANS HAIR PROFESSIONALS 2,500.00 0.00 2,500.00 AP 00412592 09/30/2020 J&E MACHINE TECH INC 2,500.00 0.00 2,500.00 AP 00412593 09/30/2020 JAMES ACCOUNTING SERVICE 2,500.00 0.00 2,500.00 AP 00412594 09/30/2020 JERRYS BARBERSHOP 2,500.00 0.00 2,500.00 AP 00412595 09/30/2020 JIA Y LEE DDS INC 2,500.00 0.00 2,500.00 AP 00412596 09/30/2020 JOSEPH DEVIN MARTINEZ 3,600.00 0.00 3,600.00 AP 00412597 09/30/2020 JULIO ORTEGA DDS INC 2,500.00 0.00 2,500.00 AP 00412598 09/30/2020 JV JIU JITSU INC 2,500.00 0.00 2,500.00 AP 00412599 09/30/2020 KAYS NAILS&SPA 2,500.00 0.00 2,500.00 AP 00412600 09/30/2020 KIDDIE ACADEMY OF RANCHO CUCAMONGA 2,500.00 0.00 2,500.00 AP 00412601 09/30/2020 KIMMY'S NAILS 2,500.00 0.00 2,500.00 AP 00412602 09/30/2020 KNICKERBOCKER PROPERTIES INC XLVII 3,600.00 0.00 3,600.00 AP 00412603 09/30/2020 LEARNING MINDS INC 2,500.00 0.00 2,500.00 AP 00412604 09/30/2020 LIFE WAY CHURCH 2,500.00 0.00 2,500.00 AP 00412605 09/30/2020 LIFETIME EYECARE OPTOMETRY 2,500.00 0.00 2,500.00 AP 00412606 09/30/2020 LMC 18,000.00 0.00 18,000.00 AP 00412607 09/30/2020 LMC 4,800.00 0.00 4,800.00 AP 00412608 09/30/2020 LMC 3,600.00 0.00 3,600.00 AP 00412609 09/30/2020 LMC 8,036.00 0.00 8,036.00 AP 00412610 09/30/2020 LMC 3,600.00 0.00 3,600.00 AP 00412611 09/30/2020 LMC 7,200.00 0.00 7,200.00 AP 00412612 09/30/2020 LMC 3,600.00 0.00 3,600.00 AP 00412613 09/30/2020 MAJESTIC SPA 2,500.00 0.00 2,500.00 AP 00412614 09/30/2020 MATHNASIUM OF RANCHO CUCAMONGA 2,500.00 0.00 2,500.00 User:VLOPEZ-VERONICA LOPEZ Page: 2 Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page fine: 07:50:26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412615 09/30/2020 MAVIS FOODS LLC 2,500.00 0.00 2,500.00 AP 00412616 09/30/2020 MONTEREY VILLAGE APARTMENTS 3,501.00 0.00 3,501.00 AP 00412617 09/30/2020 PHARMACY AT THE COURTS LLC 2,500.00 0.00 2,500.00 AP 00412618 09/30/2020 PROPERTY MANAGEMENT LEWIS MANAGEMENT CORP 1,128.01 0.00 1,128.01 AP 00412619 09/30/2020 RANCHO MALL LLC 4,800.00 0.00 4,800.00 AP 00412620 09/30/2020 RANCHO VERDE VILLAGE 3,600.00 0.00 3,600.00 AP 00412621 09/30/2020 RANCHO VILLAS APARTMENTS 3,600.00 0.00 3,600.00 AP 00412622 09/30/2020 RC HA LLC 3,401.50 0.00 3,401.50 AP 00412623 09/30/2020 RED CHILLI HOUSE 2,500.00 0.00 2,500.00 AP 00412624 09/30/2020 RENTO CASA INC 2,500.00 0.00 2,500.00 AP 00412625 09/30/2020 ROCKALILY SALON 2,500.00 0.00 2,500.00 AP 00412626 09/30/2020 RSMC SERVICES 2,500.00 0.00 2,500.00 AP 00412627 09/30/2020 SAGEPOINT ACADEMY 2,500.00 0.00 2,500.00 AP 00412628 09/30/2020 SANDERS CHIROPRACTIC 2,500.00 0.00 2,500.00 AP 00412629 09/30/2020 SAVAGE KOREAN BBQ INC 2,500.00 0.00 2,500.00 AP 00412630 09/30/2020 SEISIN REALTY GROUP 3,600.00 0.00 3,600.00 AP 00412631 09/30/2020 SHOPS AT DAY CREEK VILLAGE LLC 1,912.80 0.00 1,912.80 AP 00412632 09/30/2020 SIERRA HEIGHTS 3,600.00 0.00 3,600.00 AP 00412633 09/30/2020 SIERRA PEDIATRIC CARDIOLOGY 2,500.00 0.00 2,500.00 AP 00412634 09/30/2020 SLICK THREADING 3,685.76 0.00 3,685.76 AP 00412635 09/30/2020 SOUR CELLARS 4,500.00 0.00 4,500.00 AP 00412636 09/30/2020 STEPHANIES SANDWICHES 2,500.00 0.00 2,500.00 AP 00412637 09/30/2020 SUBWAY 48478 2,500.00 0.00 2,500.00 AP 00412638 09/30/2020 SUENAILS 2 4,426.05 0.00 4,426.05 AP 00412639 09/30/2020 SYCAMORE SPRINGS APARTMENTS 6,913.00 0.00 6,913.00 AP 00412640 09/30/2020 SZ PROSPERITY INVESTMENTS INC 3,889.76 0.00 3,889.76 AP 00412641 09/30/2020 T&T AUTHENTIC MEXICAN RESTAURANT 2,500.00 0.00 2,500.00 AP 00412642 09/30/2020 TACC INC 8,000.00 0.00 8,000.00 AP 00412643 09/30/2020 THE LABRADA GROUP TRUST ACCOUNT 3,600.00 0.00 3,600.00 AP 00412644 09/30/2020 TOOTH BOOTH PEDIATRIC DENTISTRY 2,500.00 0.00 2,500.00 AP 00412645 09/30/2020 ULTRALINEAR TRANSPORTATION INC 2,500.00 0.00 2,500.00 AP 00412646 09/30/2020 UNITED ASSOCIATION JOUR&APPR 398 PPF 2,500.00 0.00 2,500.00 AP 00412647 09/30/2020 US HUNG WUI INVESTMENT INC 6,319.25 0.00 6,319.25 AP 00412648 09/30/2020 VASU INVESTMENTS INC 2,500.00 0.00 2,500.00 AP 00412649 09/30/2020 VIA VENETTO CAFE 2,500.00 0.00 2,500.00 AP 00412650 09/30/2020 VICTORIA WOODS 8,400.00 0.00 8,400.00 AP 00412651 09/30/2020 VIDA SALON 2,500.00 0.00 2,500.00 AP 00412652 09/30/2020 VILLAGE ON THE GREEN 3,600.00 0.00 3,600.00 AP 00412653 09/30/2020 VINEYARD MARKET LP 3,337.26 0.00 3,337.26 AP 00412654 09/30/2020 WEST POINT MEDICAL CENTER 2,500.00 0.00 2,500.00 AP 00412655 09/30/2020 WOODBRIDGE HOSPITALITY INC 2,500.00 0.00 2,500.00 AP 00412656 09/30/2020 XIAO ZHENG 4,800.00 0.00 4,800.00 AP 00412657 09/30/2020 YNS ENTERPRISE NO 1 LLC 2,740.63 0.00 2,740.63 AP 00412658 09/30/2020 YOLANDA KLOCKOW 1,800.00 0.00 1,800.00 AP 00412659 09/30/2020 YU JADE NAILS&SPA 4,000.23 0.00 4,000.23 AP 00412660 09/30/2020 Z&A AUTO TRANSPORT INC 2,500.00 0.00 2,500.00 AP 00412661 09/30/2020 AGUIRRE,RICHARD 57.60 0.00 57.60 User:VLOPEZ-VERONICA LOPEZ Page: 3 Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page fine: 07:50:26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412662 09/30/2020 ALL CITIES TOOL 2,977.13 0.00 2,977.13 AP 00412663 09/30/2020 AMTECH ELEVATOR SERVICES 1,009.80 0.00 1,009.80 AP 00412664 09/30/2020 ARROW TRAILER SUPPLIES INC 409.40 0.00 409.40 AP 00412665 09/30/2020 ASSI SECURITY 1,750.00 2,215.00 3,965.00 *** AP 00412666 09/30/2020 ATLAS ENGINEERING WEST INC 280.00 0.00 280.00 AP 00412667 09/30/2020 AUEBAU CORPORATION 25,714.00 0.00 25,714.00 AP 00412668 09/30/2020 AUEBAU CORPORATION 17,344.00 0.00 17,344.00 AP 00412669 09/30/2020 BAIZ,ROBERT 16,000.00 0.00 16,000.00 AP 00412670 09/30/2020 BAUER COMPRESSORS 0.00 11,005.60 11,005.60 AP 00412671 09/30/2020 BELMAL,JOSEPH 112.00 0.00 112.00 AP 00412672 09/30/2020 BILL&WAGS INC 375.00 0.00 375.00 AP 00412673 09/30/2020 BISHOP COMPANY 178.77 0.00 178.77 AP 00412674 09/30/2020 BOUND TREE MEDICAL LLC 0.00 451.87 451.87 AP 00412675 09/30/2020 C P CONSTRUCTION INC 351,761.25 0.00 351,761.25 AP 00412679 09/30/2020 C V W D 125,261.01 300.75 125,561.76 *** AP 00412680 09/30/2020 CAL PERS LONG-TERM CARE PROGRAM 164.48 0.00 164.48 AP 00412681 09/30/2020 CARSON,DANIEL 0.00 113.96 113.96 AP 00412682 09/30/2020 CHINO MOWER&ENGINE SERVICE 291.93 0.00 291.93 AP 00412683 09/30/2020 CINTAS CORPORATION #150 1,925.48 263.95 2,189.43 *** AP 00412684 09/30/2020 CONVERGEONE INC 4,996.81 0.00 4,996.81 AP 00412685 09/30/2020 DAISYECO INC 77.00 0.00 77.00 AP 00412686 09/30/2020 DARLING,GREG 1,500.00 0.00 1,500.00 AP 00412687 09/30/2020 DATA TICKET INC 4,747.45 0.00 4,747.45 AP 00412688 09/30/2020 DAVIDS,KELLY 28.00 0.00 28.00 AP 00412689 09/30/2020 DELL MARKETING LP 2,736.73 0.00 2,736.73 AP 00412690 09/30/2020 EXPRESS BRAKE SUPPLY INC 275.17 0.00 275.17 AP 00412691 09/30/2020 FEDERAL EXPRESS CORP 15.06 0.00 15.06 AP 00412692 09/30/2020 FORTIN LAW GROUP 2,630.40 0.00 2,630.40 AP 00412693 09/30/2020 FUEL SERV 0.00 213.75 213.75 AP 00412694 09/30/2020 G&M BUSINESS INTERIORS 110.11 0.00 110.11 AP 00412695 09/30/2020 GLOBAL SOLUTIONS GROUP INC 14,700.00 0.00 14,700.00 AP 00412696 09/30/2020 GOLDEN STATE CONSTRUCTORS INC 18,752.87 0.00 18,752.87 AP 00412697 09/30/2020 GOLDEN STATE RISK MANAGEMENT AUTHORITY 89,782.00 1,114.00 90,896.00 *** AP 00412698 09/30/2020 GRAINGER 379.94 63.65 443.59 *** AP 00412699 09/30/2020 GRAYBAR ELECTRIC COMPANY INC 369.13 0.00 369.13 AP 00412700 09/30/2020 HAULAWAY STORAGE CONTAINERS INC 119.84 0.00 119.84 AP 00412701 09/30/2020 FIR GREEN PACIFIC INC 4,377.50 0.00 4,377.50 AP 00412702 09/30/2020 FIR GREEN PACIFIC INC 7,570.00 0.00 7,570.00 AP 00412703 09/30/2020 IMAGESOLUTIONS.COM 26.92 0.00 26.92 AP 00412704 09/30/2020 INDUSTRIAL HARDWARE&SERVICE CO 400.83 0.00 400.83 AP 00412705 09/30/2020 INLAND DESERT SECURITY&COMMUNICATIONS INC 54.00 0.00 54.00 AP 00412706 09/30/2020 INTERSTATE BATTERIES 100.17 0.00 100.17 AP 00412707 09/30/2020 J AND S STRIPING CO INC 67,452.50 0.00 67,452.50 AP 00412708 09/30/2020 JCA ENGINEERING INC 3,130.00 0.00 3,130.00 AP 00412709 09/30/2020 LEIGHTON CONSULTING INC 14,941.08 0.00 14,941.08 AP 00412710 09/30/2020 LIFE-ASSIST INC 0.00 23,613.21 23,613.21 AP 00412711 09/30/2020 LOWREY,DARREN 500.00 0.00 500.00 User:VLOPEZ-VERONICA LOPEZ Page: 4 Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Wne: 07:50:26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412712 09/30/2020 LOZANO SMITH LLP 8,864.25 0.00 8,864.25 AP 00412713 09/30/2020 MAGELLAN ADVISORS LLC 22,050.00 0.00 22,050.00 AP 00412714 09/30/2020 MARIPOSA LANDSCAPES INC 6,341.81 0.00 6,341.81 AP 00412715 09/30/2020 MARK CHRISTOPHER INC 1,007.25 186.76 1,194.01 *** AP 00412716 09/30/2020 MCI 104.64 0.00 104.64 AP 00412717 09/30/2020 MISSION REPROGRAPHICS 0.00 597.00 597.00 AP 00412718 09/30/2020 MOUNTAIN VIEW SMALL ENG REPAIR 177.25 0.00 177.25 AP 00412719 09/30/2020 MYATT,CONNIE 825.00 0.00 825.00 AP 00412720 09/30/2020 NAPA AUTO PARTS 240.77 2,255.39 2,496.16 *** AP 00412721 09/30/2020 NATIONAL COUNCIL FOR BEHAVIORAL HEALTH 3,187.50 0.00 3,187.50 AP 00412722 09/30/2020 NEXTECH SYSTEMS INC 37,590.02 0.00 37,590.02 AP 00412723 09/30/2020 OCCUPATIONAL HEALTH CTRS OF CA 189.50 27,482.63 27,672.13 *** AP 00412724 09/30/2020 ONTRAC 59.58 0.00 59.58 AP 00412725 09/30/2020 OPEN APPS INC 16,823.52 0.00 16,823.52 AP 00412727 09/30/2020 ORKIN PEST CONTROL 3,649.88 2,434.75 6,084.63 *** AP 00412728 09/30/2020 PACIFIC WESTERN BANK 9,743.07 29,229.21 38,972.28 *** AP 00412729 09/30/2020 PARKHOUSE TIRE INC 9,254.14 0.00 9,254.14 AP 00412730 09/30/2020 PEP BOYS 35.56 0.00 35.56 AP 00412731 09/30/2020 PINNACLE PETROLEUM INC 32,207.59 15,053.22 47,260.81 *** AP 00412732 09/30/2020 POWERWERX INC 0.00 787.39 787.39 AP 00412733 09/30/2020 QUADIENT INC 594.87 0.00 594.87 AP 00412734 09/30/2020 RAND R AUTOMOTIVE 3,050.93 0.00 3,050.93 AP 00412735 09/30/2020 RANCHO SMOG CENTER 399.50 0.00 399.50 AP 00412736 09/30/2020 RBM LOCK AND KEY SERVICE 94.55 0.00 94.55 AP 00412737 09/30/2020 RGB RICE GENERAL BUILDING 25,331.75 0.00 25,331.75 AP 00412738 09/30/2020 SAN BERNARDINO CO AUDITOR CONT 6,897.01 0.00 6,897.01 AP 00412739 09/30/2020 SAN BERNARDINO COUNTY 31.37 0.00 31.37 AP 00412740 09/30/2020 SHRED PROS 58.00 0.00 58.00 AP 00412743 09/30/2020 SOUTH COAST AQMD 1,956.88 0.00 1,956.88 AP 00412744 09/30/2020 SOUTHERN CALIF FLEET SERVICES INC 0.00 5,286.78 5,286.78 AP 00412751 09/30/2020 SOUTHERN CALIFORNIA EDISON 9,043.72 4,248.81 13,292.53 *** AP 00412752 09/30/2020 SOUTHERN CALIFORNIA EDISON 11,514.59 0.00 11,514.59 AP 00412753 09/30/2020 SOUTHERN CALIFORNIA EDISON 5,755.82 0.00 5,755.82 AP 00412754 09/30/2020 SOUTHERN CALIFORNIA EDISON 2,106.33 0.00 2,106.33 AP 00412755 09/30/2020 STATEWIDE TRAFFIC SAFETY&SIGNS INC 989.18 0.00 989.18 AP 00412756 09/30/2020 SWANK MOTION PICTURES INC 30.00 0.00 30.00 AP 00412757 09/30/2020 TINT CITY WINDOW TINTING 395.00 0.00 395.00 AP 00412758 09/30/2020 TIREHUB LLC 528.47 0.00 528.47 AP 00412759 09/30/2020 UNNUNO,WILLIAM 603.57 0.00 603.57 AP 00412760 09/30/2020 UPS 123.41 0.00 123.41 AP 00412762 09/30/2020 UTILIQUEST 5,891.07 0.00 5,891.07 AP 00412763 09/30/2020 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00412764 09/30/2020 VISION COMMUNICATIONS CO 396.00 0.00 396.00 AP 00412765 09/30/2020 VULCAN MATERIALS COMPANY 76.23 0.00 76.23 AP 00412766 09/30/2020 WAXIE SANITARY SUPPLY 13.74 2,103.91 2,117.65 AP 00412767 09/30/2020 WEST COAST ARBORISTS INC 22,084.00 0.00 22,084.00 AP 00412768 09/30/2020 WESTLAND GROUP INC 7,693.50 0.00 7,693.50 User:VLOPEZ-VERONICA LOPEZ Page: 5 Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page flme: 07:50:26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412769 09/30/2020 XU,SHUNING 64.62 0.00 64.62 AP 00412770 10/07/2020 11995 FOOTHILL BLVD LLC 7,825.50 0.00 7,825.50 AP 00412771 10/07/2020 ADDICTED2FITNESS LLC 2,500.00 0.00 2,500.00 AP 00412772 10/07/2020 AKS FITNESS LLC 2,500.00 0.00 2,500.00 AP 00412773 10/07/2020 BELLA'S THREADING SALON 2,500.00 0.00 2,500.00 AP 00412774 10/07/2020 BENAVI AESTHETICS 2,500.00 0.00 2,500.00 AP 00412775 10/07/2020 BIG MIKE BARBERSHOP#2 2,500.00 0.00 2,500.00 AP 00412776 10/07/2020 BREAKWATER INVESTMENTS LLC 1,710.00 0.00 1,710.00 AP 00412777 10/07/2020 CARRIE REAL ESTATE 2,500.00 0.00 2,500.00 AP 00412778 10/07/2020 CITYCOM 4,360.32 0.00 4,360.32 AP 00412779 10/07/2020 CITYWIDE ELECTRIC 2,500.00 0.00 2,500.00 AP 00412780 10/07/2020 CLIPS ON 66 2,500.00 0.00 2,500.00 AP 00412781 10/07/2020 CREEKSIDE ALTA LOMA-PINNACLE LIVING 3,600.00 0.00 3,600.00 AP 00412782 10/07/2020 DARRYL BAKER 3,600.00 0.00 3,600.00 AP 00412783 10/07/2020 DON MIGUEL APARTMENTS 3,600.00 0.00 3,600.00 AP 00412784 10/07/2020 DONNA TERRYS ALOHA HULA STUDIO 2,500.00 0.00 2,500.00 AP 00412785 10/07/2020 DWB DEVELOPMENT COMPANY 1,105.05 0.00 1,105.05 AP 00412786 10/07/2020 EDICO REALTY INC 3,600.00 0.00 3,600.00 AP 00412787 10/07/2020 ELEGANT TOUCH HAIR NAILS AND SPA 3,727.02 0.00 3,727.02 AP 00412788 10/07/2020 ETERNAL LEGACY PROPERTY LLC 13,215.59 0.00 13,215.59 AP 00412789 10/07/2020 EXCEL PROPERTY MGT SERVICES INC 2,310.00 0.00 2,310.00 AP 00412790 10/07/2020 EXPRESS WORKFORCE FOUNDATION 2,500.00 0.00 2,500.00 AP 00412791 10/07/2020 FANCY NAILS 2,500.00 0.00 2,500.00 AP 00412792 10/07/2020 FILLET FADES 2,500.00 0.00 2,500.00 AP 00412793 10/07/2020 FOOTHILL VILLAGE PLAZA LLC 7,155.60 0.00 7,155.60 AP 00412794 10/07/2020 GANDOLFOS NEW YORK DELICATESSEN 786.43 0.00 786.43 AP 00412795 10/07/2020 HAVEN CITY MARKET 2,000.00 0.00 2,000.00 AP 00412796 10/07/2020 IMMIGRATION LAW OFFICE OF THEODORE HUANG 2,500.00 0.00 2,500.00 AP 00412797 10/07/2020 KATHRYN THORSEN 3,000.00 0.00 3,000.00 AP 00412798 10/07/2020 KNICKERBOCKER BARRINGTON PLACE LLC 3,600.00 0.00 3,600.00 AP 00412799 10/07/2020 KOMAR RANCHO CENTER LLC 4,488.00 0.00 4,488.00 AP 00412800 10/07/2020 LAYLA THREADING 2,500.00 0.00 2,500.00 AP 00412801 10/07/2020 LDC ALTA LOMA SQUARE LLC 1,610.44 0.00 1,610.44 AP 00412802 10/07/2020 LMC 4,800.00 0.00 4,800.00 AP 00412803 10/07/2020 LMC 4,800.00 0.00 4,800.00 AP 00412804 10/07/2020 LMC 14,400.00 0.00 14,400.00 AP 00412805 10/07/2020 LMC 7,200.00 0.00 7,200.00 AP 00412806 10/07/2020 LMC 3,600.00 0.00 3,600.00 AP 00412807 10/07/2020 LMC 1,200.00 0.00 1,200.00 AP 00412808 10/07/2020 LMC 3,600.00 0.00 3,600.00 AP 00412809 10/07/2020 LYFE COMPANY LLC 578.83 0.00 578.83 AP 00412810 10/07/2020 MGR PROPERTY MANAGEMENT 3,600.00 0.00 3,600.00 AP 00412811 10/07/2020 NANCY MAYS 50S CAFE 196.08 0.00 196.08 AP 00412812 10/07/2020 PAULA FRENKIEL 4,800.00 0.00 4,800.00 AP 00412813 10/07/2020 PELENGHLAN DEVELOPMENT CO LLC 1,407.00 0.00 1,407.00 AP 00412814 10/07/2020 POT LEGEND 2,500.00 0.00 2,500.00 AP 00412815 10/07/2020 PROPER BARBER SHOP 2,500.00 0.00 2,500.00 User:VLOPEZ-VERONICA LOPEZ Page: 6 Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Wme: 07:50:26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412816 10/07/2020 PROPERTY MANAGEMENT LEWIS MANAGEMENT CORP 4,500.00 0.00 4,500.00 AP 00412817 10/07/2020 RANCHO MALL LLC 11,000.00 0.00 11,000.00 AP 00412818 10/07/2020 RANCHO PARTNERS LLC 1,000.00 0.00 1,000.00 AP 00412819 10/07/2020 RANCHO VERDE VILLAGE 3,600.00 0.00 3,600.00 AP 00412820 10/07/2020 REGAL HOLDING LLC 4,800.00 0.00 4,800.00 AP 00412821 10/07/2020 REX HEYER 3,600.00 0.00 3,600.00 AP 00412822 10/07/2020 ROLL ON OVER DONUTS 2,500.00 0.00 2,500.00 AP 00412823 10/07/2020 SHOOK PROPERTIES INC 2,856.00 0.00 2,856.00 AP 00412824 10/07/2020 SIERRA HEIGHTS 3,600.00 0.00 3,600.00 AP 00412825 10/07/2020 SSRB GROUP INC 2,500.00 0.00 2,500.00 AP 00412826 10/07/2020 STADIUM PLAZA NORTH LLC 2,252.58 0.00 2,252.58 AP 00412827 10/07/2020 SYCAMORE SPRINGS APARTMENTS 879.00 0.00 879.00 AP 00412828 10/07/2020 SYCAMORE VILLA 3,235.08 0.00 3,235.08 AP 00412829 10/07/2020 TERRAZA DEL SOL APARTMENTS 3,600.00 0.00 3,600.00 AP 00412830 10/07/2020 THE STYLIN LOUNGE 2,500.00 0.00 2,500.00 AP 00412831 10/07/2020 THOMAS WINERY PLAZA PROPERTY OWNER LLC 4,488.64 0.00 4,488.64 AP 00412832 10/07/2020 VERANO RANCHO CUCAMONGA TOWN SQUARE 8,252.50 0.00 8,252.50 AP 00412833 10/07/2020 VERNOLA TRUST 8,000.00 0.00 8,000.00 AP 00412834 10/07/2020 VINEYARD MARKET LP 2,824.00 0.00 2,824.00 AP 00412835 10/07/2020 VINH NGO 4,800.00 0.00 4,800.00 AP 00412836 10/07/2020 WELLDUN LLC 2,500.00 0.00 2,500.00 AP 00412837 10/07/2020 YU HAU BAO 3,600.00 0.00 3,600.00 AP 00412838 10/07/2020 A Y NURSERY INC 1,767.10 0.00 1,767.10 AP 00412839 10/07/2020 ABSG CONSULTING INC 9,520.00 0.00 9,520.00 AP 00412840 10/07/2020 AED BRANDS LLC 0.00 8,932.00 8,932.00 AP 00412841 10/07/2020 AELAC GROUP INSURANCE 24.58 0.00 24.58 AP 00412842 10/07/2020 ALLIED NETWORK SOLUTIONS INC 3,361.80 1,680.90 5,042.70 *** AP 00412843 10/07/2020 AUTO&RV SPECIALISTS INC 57.16 0.00 57.16 AP 00412844 10/07/2020 BAKER&TAYLOR LLC 64.60 0.00 64.60 AP 00412845 10/07/2020 BAKER,ERIC 100.00 0.00 100.00 AP 00412846 10/07/2020 BARTEL ASSOCIATES LLC 0.00 2,193.00 2,193.00 AP 00412847 10/07/2020 BILL&WAGS INC 0.00 1,096.88 1,096.88 AP 00412848 10/07/2020 BONGARDE HOLDINGS INC 397.00 0.00 397.00 AP 00412849 10/07/2020 BRAUN BLAISING SMITH WYNNE 99.49 0.00 99.49 AP 00412850 10/07/2020 BRIGHTVIEW LANDSCAPE SERVICES INC 12,424.02 0.00 12,424.02 AP 00412851 10/07/2020 BUCK,DAVID 295.00 0.00 295.00 AP 00412852 10/07/2020 BUREAU VERITAS NORTH AMERICA INC 1,489.83 0.00 1,489.83 AP 00412853 10/07/2020 BURNS,BRYAN 0.00 64.68 64.68 AP 00412854 10/07/2020 C V W D 282.90 0.00 282.90 AP 00412860 10/07/2020 C V W D 122,335.14 470.83 122,805.97 *** AP 00412861 10/07/2020 CAL PERS LONG-TERM CARE PROGRAM 164.48 0.00 164.48 AP 00412862 10/07/2020 CALIFORNIA,STATE OF 314.11 0.00 314.11 AP 00412863 10/07/2020 CALIFORNIA,STATE OF 127.52 0.00 127.52 AP 00412864 10/07/2020 CALIFORNIA,STATE OF 342.73 0.00 342.73 AP 00412865 10/07/2020 CAMERON-DANIEL PC 2,257.00 0.00 2,257.00 AP 00412866 10/07/2020 CDW GOVERNMENT INC 16,235.49 0.00 16,235.49 AP 00412867 10/07/2020 CHARTER COMMUNICATIONS 4,535.68 6,414.96 10,950.64 *** User:VLOPEZ-VERONICA LOPEZ Page: 7 Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page qine: 07:50:26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412868 10/07/2020 CHAU,LAM MANG 28.60 0.00 28.60 AP 00412869 10/07/2020 CINTAS CORPORATION #150 0.00 419.39 419.39 AP 00412870 10/07/2020 COMMERCIAL ROOFING SYSTEMS INC 6,994.50 0.00 6,994.50 AP 00412871 10/07/2020 DANIELS TIRE SERVICE 0.00 185.00 185.00 AP 00412872 10/07/2020 E POLY STAR INC 1,496.65 0.00 1,496.65 AP 00412873 10/07/2020 EIGHTH AVENUE ENTERPRISE LLC 840.45 0.00 840.45 AP 00412874 10/07/2020 EP CONTAINER CORPORATION 3,084.28 0.00 3,084.28 AP 00412875 10/07/2020 ERICKSON-HALL CONSTRUCTION CO 0.00 66,915.40 66,915.40 AP 00412876 10/07/2020 EXECUTIVE AUTO DETAIL 0.00 260.00 260.00 AP 00412877 10/07/2020 FACTORY MOTOR PARTS 0.00 227.52 227.52 AP 00412878 10/07/2020 FALLON,BRIAN 0.00 295.00 295.00 AP 00412879 10/07/2020 FEDERAL EXPRESS CORP 70.41 0.00 70.41 AP 00412880 10/07/2020 FIRE APPARATUS SOLUTIONS 0.00 3,404.28 3,404.28 AP 00412881 10/07/2020 FIREFIGHTERS'SAFETY CENTER 0.00 171.86 171.86 AP 00412882 10/07/2020 FIRST LOAN 14.49 0.00 14.49 AP 00412883 10/07/2020 GENERAL MICRO SYSTEMS INC 1,358.12 0.00 1,358.12 AP 00412884 10/07/2020 GENTRY BROTHERS INC 99,660.20 0.00 99,660.20 AP 00412885 10/07/2020 GLOBALSTAR USA 155.73 0.00 155.73 AP 00412886 10/07/2020 GRAINGER 0.00 82.43 82.43 AP 00412887 10/07/2020 GRAYBAR ELECTRIC COMPANY INC 145.46 0.00 145.46 AP 00412888 10/07/2020 HARDY&HARPER INC 539,030.24 0.00 539,030.24 AP 00412889 10/07/2020 HMC ARCHITECTS 8,897.50 0.00 8,897.50 AP 00412890 10/07/2020 HOYT LUMBER CO,S M 0.00 12.60 12.60 AP 00412891 10/07/2020 ICE DATA PRICING AND REFERENCE DATA LLC 148.98 0.00 148.98 AP 00412892 10/07/2020 INLAND EMPIRE PROPERTY SERVICES INC 0.00 3,405.00 3,405.00 AP 00412893 10/07/2020 INTERWEST CONSULTING GROUP INC 539.83 1,867.61 2,407.44 *** AP 00412894 10/07/2020 ITERIS INC 40,763.24 0.00 40,763.24 AP 00412895 10/07/2020 J AND S STRIPING CO INC 811.44 0.00 811.44 AP 00412896 10/07/2020 KAISER FOUNDATION HEALTH PLAN INC 231,170.21 0.00 231,170.21 AP 00412897 10/07/2020 KAUR,MANDIP 319.00 0.00 319.00 AP 00412898 10/07/2020 KINETIC LIGHTING INC 41,246.61 0.00 41,246.61 AP 00412899 10/07/2020 LEISURE COACHWORKS 21,246.66 0.00 21,246.66 AP 00412900 10/07/2020 LIFE-ASSIST INC 0.00 125.26 125.26 AP 00412901 10/07/2020 LITTLE BEAR PRODUCTIONS 0.00 1,875.00 1,875.00 AP 00412902 10/07/2020 MIDWEST TAPE 3,361.85 0.00 3,361.85 AP 00412903 10/07/2020 MYERS TIRE SUPPLY COMPANY 0.00 380.21 380.21 AP 00412904 10/07/2020 NAPA AUTO PARTS 0.00 2,094.93 2,094.93 AP 00412905 10/07/2020 OCCUPATIONAL HEALTH CTRS OF CA 0.00 385.68 385.68 AP 00412906 10/07/2020 ONWARD ENGINEERING 2,420.00 0.00 2,420.00 AP 00412907 10/07/2020 PINNACLE PETROLEUM INC 0.00 14,184.22 14,184.22 AP 00412908 10/07/2020 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00412909 10/07/2020 QUADIENT-4715 25,000.00 0.00 25,000.00 AP 00412910 10/07/2020 RACEWAY FORD 50,694.03 0.00 50,694.03 AP 00412911 10/07/2020 SAFE-ENTRY TECHNICAL INC 0.00 180.77 180.77 AP 00412912 10/07/2020 SAN BERNARDINO COUNTY 15,008.88 12,289.88 27,298.76 *** AP 00412913 10/07/2020 SBPEA 2,427.24 0.00 2,427.24 AP 00412914 10/07/2020 SHERIFFS COURT SERVICES 100.00 0.00 100.00 User:VLOPEZ-VERONICA LOPEZ Page: 8 Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page gime: 07:50:26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412915 10/07/2020 SHRED PROS 0.00 63.00 63.00 AP 00412916 10/07/2020 SILVER&WRIGHT LLP 0.00 2,097.50 2,097.50 AP 00412917 10/07/2020 SOCAL PPE 0.00 1,525.50 1,525.50 AP 00412918 10/07/2020 SOUTH COAST AQMD 0.00 421.02 421.02 AP 00412922 10/07/2020 SOUTHERN CALIFORNIA EDISON 25,872.81 1,145.35 27,018.16 *** AP 00412923 10/07/2020 SOUTHERN CALIFORNIA EDISON 73.97 0.00 73.97 AP 00412924 10/07/2020 STANDARD INSURANCE COMPANY 11,774.42 0.00 11,774.42 AP 00412925 10/07/2020 STANDARD INSURANCE COMPANY 3,514.47 0.00 3,514.47 AP 00412926 10/07/2020 TIREHUB LLC 0.00 837.27 837.27 AP 00412927 10/07/2020 U.S.BANK PARS ACCT#6746022500 21,417.55 0.00 21,417.55 AP 00412928 10/07/2020 U.S.BANK PARS ACCT#6746022500 1,096.45 0.00 1,096.45 AP 00412929 10/07/2020 UGARTE,BETHANY 12.72 0.00 12.72 AP 00412930 10/07/2020 ULINE 106.67 0.00 106.67 AP 00412931 10/07/2020 UNITED RENTALS NORTH AMERICA INC 269.38 0.00 269.38 AP 00412932 10/07/2020 UNITED WAY 50.00 0.00 50.00 AP 00412933 10/07/2020 UNIVERSAL FLEET SUPPLY 0.00 1,392.98 1,392.98 AP 00412934 10/07/2020 URBAN ARENA 7,950.00 0.00 7,950.00 AP 00412935 10/07/2020 VALLEY POWER SYSTEMS INC 1,623.78 0.00 1,623.78 AP 00412936 10/07/2020 VELOCITY TRUCK CENTERS 8.61 1,047.86 1,056.47 *** AP 00412937 10/07/2020 VIRTUAL PROJECT MANAGER LLC 500.00 0.00 500.00 AP 00412938 10/07/2020 VISION COMMUNICATIONS CO 346.50 0.00 346.50 AP 00412939 10/07/2020 VULCAN MATERIALS COMPANY 264.84 0.00 264.84 AP 00412940 10/07/2020 WAXIE SANITARY SUPPLY 2,202.27 0.00 2,202.27 AP 00412941 10/07/2020 WEST COAST ARBORISTS INC 16,942.00 0.00 16,942.00 AP 00412942 10/07/2020 WESTLAND GROUP INC 1,599.75 0.00 1,599.75 AP 00412943 10/07/2020 WESTRUX INTERNATIONAL INC 1,053.17 0.00 1,053.17 AP 00412944 10/07/2020 WILSON&BELL AUTO SERVICE 11,952.68 0.00 11,952.68 AP 00412945 10/07/2020 WINZER CORPORATION 0.00 257.34 257.34 AP 00412946 10/07/2020 ZEP SALES AND SERVICE 737.06 0.00 737.06 AP 00412947 10/07/2020 ZOLL MEDICAL CORPORATION 0.00 20,485.00 20,485.00 Total City: $3,634,775.32 Total Fire: $905,063.34 Grand Total: Note: *** Check Number includes both City and Fire District expenditures User:VLOPEZ-VERONICA LOPEZ Page: 9 Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Wine: 07:50:26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register September 1,2020 to September 30,2020 DATE DESCRIPTION CITY FIRE AMOUNT 9/1 U.S.BANK-Purchasing Card Payment 20,464.95 6,199.54 26,664.49 9/1 U.S.BANK-Corporate Card Payment 27,742.02 11,693.92 39,435.94 9/1 U.S.BANK-Costco Card Payment 268.78 2,414.22 2,683.00 9/1 Workers Comp-City Account Transfer 772.23 772.23 9/1 Workers Comp-Fire Account Transfer 440.68 440.68 9/2 Bank Fee 103.00 103.00 9/2 Workers Comp-Fire Account Transfer 1,740.00 1,740.00 9/3 CALPERS-City-Retirement Account Deposit 55.11 55.11 9/3 CALPERS-Fire-Retirement Account Deposit 197.53 197.53 9/3 Workers Comp-City Account Transfer 210.37 210.37 9/3 Workers Comp-Fire Account Transfer 3,036.52 3,036.52 9/4 Workers Comp-Fire Account Transfer 26.34 26.34 9/8 Workers Comp-City Account Transfer 12.00 12.00 9/9 CALPERS-City-Retirement Account Deposit 54,849.20 54,849.20 9/9 CALPERS-City-Retirement Account Deposit 110,012.77 110,012.77 9/9 Workers Comp-Fire Account Transfer 184.73 184.73 9/10 CALPERS-Fire-Retirement Account Deposit 3,261.32 3,261.32 9/10 CALPERS-Fire-Retirement Account Deposit 3,285.04 3,285.04 9/10 CALPERS-Fire-Retirement Account Deposit 4,788.18 4,788.18 9/10 CALPERS-Fire-Retirement Account Deposit 10,499.63 10,499.63 9/10 CALPERS-Fire-Retirement Account Deposit 24,596.71 24,596.71 9/10 CALPERS-Fire-Retirement Account Deposit 118,679.85 118,679.85 9/10 STATE DISBURSEMENT UNIT-Child Support Payments 4,288.13 4,288.13 9/10 STATE DISBURSEMENT UNIT-Child Support Payments 2,782.50 2,782.50 9/10 Workers Comp-Fire Account Transfer 939.44 939.44 9/11 Workers Comp-City Account Transfer 1,228.73 1,228.73 9/11 Workers Comp-Fire Account Transfer 329.84 329.84 9/14 WIRE PAYMENT-RCMU CAISO 98,320.75 98,320.75 9/14 Workers Comp-City Account Transfer 1,428.73 1,428.73 9/14 Workers Comp-Fire Account Transfer 126.43 126.43 9/16 Workers Comp-City Account Transfer 109.52 109.52 9/17 Workers Comp-City Account Transfer 8.75 8.75 9/17 Workers Comp-Fire Account Transfer 251.29 251.29 9/18 Workers Comp-City Account Transfer 932.13 932.13 9/18 Workers Comp-Fire Account Transfer 2,543.16 2,543.16 9/21 WIRE PAYMENT-RCMU CAISO 31,318.39 31,318.39 9/21 Workers Comp-City Account Transfer 45.85 45.85 9/21 Workers Comp-Fire Account Transfer 580.00 580.00 9/22 CALPERS-City-Retirement Account Deposit 55,496.46 55,496.46 9/22 CALPERS-City-Retirement Account Deposit 111,178.89 111,178.89 9/22 Workers Comp-City Account Transfer 1,834.00 1,834.00 9/23 WIRE PAYMENT-Escrow Deposit 1,000.00 1,000.00 9/23 Workers Comp-City Account Transfer 158.40 158.40 9/23 Workers Comp-Fire Account Transfer 610.29 610.29 9/24 CALPERS-Fire-Retirement Account Deposit 179,989.54 179,989.54 9/24 CALPERS-Fire-Retirement Account Deposit 3,261.32 3,261.32 9/24 CALPERS-Fire-Retirement Account Deposit 3,285.04 3,285.04 9/24 CALPERS-Fire-Retirement Account Deposit 4,788.18 4,788.18 9/24 CALPERS-Fire-Retirement Account Deposit 10,499.63 10,499.63 9/24 CALPERS-Fire-Retirement Account Deposit 24,521.80 24,521.80 9/24 CALPERS-Fire-Retirement Account Deposit 118,679.85 118,679.85 9/24 STATE DISBURSEMENT UNIT-Child Support Payments 4,288.13 4,288.13 9/24 STATE DISBURSEMENT UNIT-Child Support Payments 2,782.50 2,782.50 9/24 Workers Comp-City Account Transfer 891.54 891.54 9/24 Workers Comp-Fire Account Transfer 415.80 415.80 9/25 Workers Comp-City Account Transfer 1,636.32 1,636.32 1 Page 56 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register September 1,2020 to September 30,2020 DATE DESCRIPTION CITY FIRE AMOUNT 9/25 Workers Comp-Fire Account Transfer 3,125.09 3,125.09 9/28 WIRE PAYMENT-RCMU CAISO 5,681.45 5,681.45 9/28 Workers Comp-Fire Account Transfer 220.24 220.24 9/29 Workers Comp-City Account Transfer 1,164.69 1,164.69 9/29 Workers Comp-Fire Account Transfer 959.47 959.47 9/30 Workers Comp-City Account Transfer 3,950.60 3,950.60 9/30 Workers Comp-Fire Account Transfer 822.74 822.74 TOTAL CITY 536,440.63 TOTAL FIRE 555,569.62 GRAND TOTAL 1,092,010.25 2 Page 57 a a a DATE: October 21, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Veronica Lopez, Accounts Payable Supervisor SUBJECT: Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of$1,911.39 Dated September 28, 2020 Through October 11, 2020. 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 MISSION /VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment - 1 —Weekly Check Registers Page 58 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. Agenda Check Register 9/28/2020 through 10/11/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412741 09/30/2020 SO CALIF GAS COMPANY 430.73 56.27 487.00 *** AP 00412742 09/30/2020 SO CALIF GAS COMPANY 1,480.66 0.00 1,480.66 Total City: $1,911.39 Total Fire: $56.27 Grand Total: Note: *** Check Number includes both City and Fire District expenditures User:VLOPEZ-VERONICA LOPEZ Page: I Current Date: 10/12/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Wne: 08:08:33 m m m DATE: October 21, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Lori E. Sassoon, Deputy City Manager/Administrative Services Tamara L. Layne, Finance Director SUBJECT: Consideration to receive and file current Investment Schedule as of September 30, 2020. RECOMMENDATION: Staff recommends that the City Council receive and file the attached current investment schedule for the City of Rancho Cucamonga as of September 30, 2020. BACKGROUND: The attached investment schedule as of September 30, 2020 reflects cash and investments managed by the Finance Department/Revenue 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 June 25, 2020. 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. 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Sowles, Library Director Wess Garcia, Library Services Programming Coordinator SUBJECT: Consideration to Approve the Use of Cambridge Seven Associates to Provide Design Services for Museum Exhibit Platforms and Themes Including the Creation of Bid Packages for Tenant Improvements and Exhibit Fabrication and Installation for the Rancho Cucamonga Public Library Second Story and Beyond® Project. RECOMMENDATION: Staff recommends the City Council award the bid for museum design services to Cambridge Seven Associates. BACKGROUND: Tenant improvements to the second floor of the Paul A. Biane Library were completed in February 2017, and included the installation of a Workshop, STEM Lab, Art Studio, warming kitchen, restrooms and 5,570 square feet of open exhibit space. After tenant improvements were completed, the Library began renting the space to outside organizations and developed fee-based classes to ascertain community feedback and interests. This data will be used to identify themes for future exhibit offerings and programs to be held in the Second Story and Beyond° once it is a fully operational discovery space. In 2018, a business plan for the Second Story and Beyond° project outlined the costs associated with museum operations including visitor experience, exhibit concepts, a floorplan and a governance strategy. Next steps were identified as design development, tenant improvements to address sound attenuation, line management and fabrication and installation of exhibits. Children's museum exhibits are custom designed and fabricated to meet each institution's space restrictions and to complement each museum's overall theme. Exhibits contain artistic elements combined with architectural components to ensure they are safe and can withstand robust interactions. The Second Story and Beyond° exhibits will include themes based on literacy and will incorporate both design and artistic elements creating a regional draw for years to come. The bid process for the project included invitations to seven of the nation's top children's and science center design firms. Firms selected for the competitive process possessed experience with projects of a similar scale to that of the Second Story and Beyond° and demonstrated expertise in children's museum design, architecture and ticketing. Page 1 of 2 Page 83 ANALYSIS: Through a recent competitive bid process for museum design services, it is recommended City Council approve Cambridge Seven Associates to provide museum design services for the Rancho Cucamonga Public Library Second Story and Beyond° project. Cambridge Seven Associates have 58 years of extensive museum planning and design experience and have provided services for institutions worldwide such as the Boston Children's Museum, in Boston Massachusetts, the Children's Discovery Museum in Hohhot, China and the KAFD Science Museum & Geo-Climate Center in Riyadh, Saudi Arabia. The scope of work for this bid award includes the design of six exhibit platforms, three exhibit themes, a ticketing and line management plan and two bid packages. One bid package encompasses tenant improvements which will provide sound attenuation, ticketing and queuing area layouts, and enhancements of the space for exhibit installation. The second bid package will address exhibits fabrication and installation and provide shop drawings for exhibits and themes, graphics production, media software development and hardware acquisition and installation. Cambridge Seven Associates will act as architect for both tenant improvement and exhibit fabrication and installation. The firm will also be required to provide one year of support for Library staff to address any design flaws which may affect ongoing operations of the exhibits. FISCAL IMPACT: Contract to be funded in an amount not to exceed $640,000 using Library Capital Fund: 1329601-5650 Capital Project COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: Providing superior Library Services to residents enhances the overall quality of life in Rancho Cucamonga and the Second Story and Beyond° project will contribute to building and preserving the City's family-oriented atmosphere. ATTACHMENTS: Attachment 1 —Cambridge Seven Associates Professional Service Agreement Page 2 of 2 Page 84 AGREEMENT FOR DESIGN PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this twentyfirst day of August, 2020, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and Cambridge Seven Associates, Inc, Cambridge Seven Architects, P.C., Cambridge Seven Associates, LLC a design firm ("Consultant"). RECITALS A. City has heretofore issued its request for proposals to perform the following design professional services: Provide architectural drawings, exhibit design, provide drawings for tenant improvements and exhibits — see Exhibit A, Scope of Services and Exhibit B, Schedule of Performance ("the Project"). B. Consultant has submitted a proposal to perform the professional services described in Recital "A", above, necessary to complete the Project. C. City desires to engage Consultant to complete the Project in the manner set forth and more fully described herein. D. Consultant 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. Consultant's Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Consultant to perform all technical and design professional services described in Recitals "A" and "B" above, including, but not limited to Consultant's proposal, all as more fully set forth in the Consultant's proposal, dated 3/25/2020 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 Consultant 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, the Consultant will promptly meet with City staff to discuss any revisions to the Project desired by the City. Consultant agrees that the Scope of Work may be amended based PSA with professional liability insurance(Design) Page 1 Last Revised:061112018 Page 85 upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Consultant's compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Consultant by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City's City Manager without amendment. 1.3 Time for Performance. Consultant 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"B". 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (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. Consultant represents that Consultant, 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 Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Representative. 2. Term of Agreement. The term of this Agreement shall be one (1) year 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 design 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 increments to a total of three (3) 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. 3. Compensation. 3.1 Compensation. City shall compensate Consultant as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Consultant shall not exceed $640,000.00 (Six hundred, forty thousand dollars and zero cents), including all out of pocket expenses, unless additional PSA with professional liability insurance(Design) Page 2 Last Revised:061112018 Page 86 compensation is approved by the City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City 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 Consultant 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 shall compensate Consultant for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Consultant shall submit to City 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 shall review such invoices and notify Consultant in writing within ten (10)business days of any disputed amounts. 4.3 City 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 Consultant relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City's representative shall be Julie Sowles, or such other person as designated in writing by the City ("City Representative"). It shall be Consultant's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Consultant shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Consultant Representative. For the purposes of this Agreement, Doug Simpson is hereby designated as the principal and representative of Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Consultant's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Consultant's Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Consultant's Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to PSA with professional liability insurance(Design) Page 3 Last Revised:061112018 Page 87 personally supervise the services hereunder. Consultant may not change the Responsible Principal without the prior written approval of City. 6. Consultant's Personnel. 6.1 All Services shall be performed by Consultant or under Consultant'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 business license as required by the City's Municipal Code. 6.2 Consultant 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 Consultant shall be responsible for payment of all employees' and subcontractors' and subconsultants' 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, Consultant 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 Consultant shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 6.5 Consultant shall provide the City notice if any of its employees or its subcontractors/subconsultants and/or subcontractors'/subconsultants' employees that are proposed to provide Services on any Projects are retirees from or current members of the California Public Employees' Retirement System (CalPERS). It is City Practice to decline the services of employees of Contractors who are CalPERS retirees or current members of CalPERS on any Project. In addition, Consultant's employees or subcontractors'/subconsultants' employees providing Services on any Project shall work no more than 960 total hours in a fiscal year (July 1-June 30) combined for the City and other CalPERS agencies. 6.6 In the event that Consultant or any employee, agent, or subcontractor of Consultant or the subcontractor's employee, providing services under this Contract, is determined by a court of competent jurisdiction or staff of CalPERS, an Administrative Law Judge or the CalPERS Board of Administration to be eligible for enrollment as a member in CalPERS as an employee of the City, or by any other state or PSA with professional liability insurance(Design) Page 4 Last Revised:061112018 Page 88 federal agency to be an employee of the City under any circumstances, Consultant shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions demanded by CalPERS, payment of any penalties and interest on such contributions, as well as payment of any damages, wages, assessments, awards, judgments or charges incurred in relation thereto, whether awarded by a court, Administrative law Judge or CalPERS any other state or federal agency, and payment of reasonable attorneys' fees incurred by the City in relation thereto. 6.7 Consultant agrees to follow the provisions of the Affordable Care Act and shall indemnify, defend, and hold harmless the City for the payment of any Affordable Care Act penalties, fines, damages, assessments, awards, judgments or charges that the City may incur as a result of Consultant or any employee, agent, subcontractor of Consultant or subcontractor's employee providing services under this Contract and payment of reasonable attorneys' fees incurred by the City in relation thereto. 6.8 Consultant agrees to follow the provisions of the California Paid Sick Leave Law (AB 1522) and shall indemnify, defend, and hold harmless the City for the payment of any related penalties, fines, damages, assessments, awards,judgments or charges that the City may incur as a result of Consultant or any employee, agent, or subcontractor of Consultant or subcontractor's employee providing services under this Contract and payment of reasonable attorneys' fees incurred by the City in relation thereto. 6.9 Consultant agrees to follow all applicable provisions of federal, state and local law, statute and regulation in performance of this Contract as it relates to employment of employees or otherwise, including but not limited to, the Federal Fair Labor Standards Act and proper withholding of taxes, and shall indemnify, defend and hold harmless the City for the payment of penalties, fines, damages, assessments, awards, judgments or charges that the City may incur as a result of Consultant, or any employee, agent, or subcontractor of Consultant, or subcontractor's employee, performing services under this Contract and payment of reasonable attorneys' fees in relation thereto. 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 Consultant 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. Upon payment being made, and provided Consultant is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City. None of the Work Product PSA with professional liability insurance(Design) Page 5 Last Revised:061112018 Page 89 shall be the subject of any common law or statutory copyright or copyright application by Consultant. In the event of the return of any of the Work Product to Consultant or its representative, Consultant shall be responsible for its safe return to City. Under no circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Consultant and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City's reuse of the Work Product for any purpose other than the Project, shall be at City's sole risk. The Client acknowledges the Consultant's construction documents, including electronic files, as instruments of professional service. Nevertheless, the final construction documents prepared under this Agreement shall become the property of the Client upon completion of the services and payment in full of all monies due to the Consultant. Should the client choose to reuse these specifications provided by consultant for any other purpose than indicated under this Agreement, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Consultant, its officers, directors, employees and subconsultants (collectively, Consultant) against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising from or allegedly arising from or in any way connected with the unauthorized reuse or modification of the construction documents by the Client or any person or entity that acquires or obtains the construction documents from or through the Client without the written authorization of the Consultant. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Consultant shall be deemed to grant and assign to City, and shall require all of its subcontractors and subconsultants to assign to City, 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 Consultant shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City 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. Consultant 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 has full legal title to and the right to reproduce any of the Work Product. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a PSA with professional liability insurance(Design) Page 6 Last Revised:061112018 Page 90 claim that City'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. Consultant 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's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; 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. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. 9. Confidentiality. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant'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 Consultant 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 Consultant to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Consultant 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. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. PSA with professional liability insurance(Design) Page 7 Last Revised:061112018 Page 91 Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 10.2 Consultant further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, 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 shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission,percentage or gift. 10.3 Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, 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 Design Professional Services. To the fullest extent permitted by law, the Consultant shall, at its sole cost and expense, indemnify, defend, and hold harmless the City, its elected officials, officers, attorneys, agents, employees,designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 11.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action,proceedings,judgments,penalties, liens, stop notices, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, subconsultants, contractors or their officers, agents, servants or employees (or any entity or individual for which or whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement by a "design professional," as the term is defined in California Civil Code § 2782.8(c). The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. PSA with professional liability insurance(Design) Page 8 Last Revised:061112018 Page 92 11.2 Other Indemnities. With respect to claims and liabilities which do not arise in connection with the performance of professional services by a"design professional", as that term is defined in California Civil Code Section 2782.8(c), including, but not limited to, those claims and liabilities normally covered by commercial general and/or automobile liability insurance, and to the maximum extent permitted by law, Consultant shall, at its sole cost and expense,protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action,proceedings,judgments,penalties, liens, stop notices, and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of,pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, subconsultants, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual for which or whom Consultant shall bear legal liability) in the performance of this Agreement, except to the extent the Damages arise from the active or sole negligence or willful misconduct of any of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs as they are actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement. . 11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.4 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Consultant, 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 Consultant. 11.5 Survival. The provisions of this Section I 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 Consultant shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. PSA with professional liability insurance(Design) Page 9 Last Revised:061112018 Page 93 12. Insurance. 12.1 Liability Insurance. Consultant 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 Consultant, and/or its agents, representatives, employees, subcontractors and subconsultants. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, 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. (4) Professional Liability insurance in a form approved by the City, having an extended reporting period of not less than three (3) years after completion of the Services which shall provide protection against claims of professional negligence arising out of Consultant's performance of the Services and otherwise complying with all applicable provisions of this Section 12. The policy shall be endorsed to include contractual liability to the extent insurable. 12.3 Minimum Limits of Insurance. Consultant 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 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. PSA with professional liability insurance(Design) Page 10 Last Revised:061112018 Page 94 (4) Professional Liability: $1,000,000 per claim/aggregate. (5) 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 requirements 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. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement. 12.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City 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, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; and/or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Any insurance or self- insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Consultant's insurance and shall not contribute with it. PSA with professional liability insurance(Design) Page 11 Last Revised:061112018 Page 95 (3) Consultant'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) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (10) days prior written notice for non-payment of premium). Consultant shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. (5) Each insurance policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated AXII 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 required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Consultant shall furnish the City 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 before PSA with professional liability insurance(Design) Page 12 Last Revised:061112018 Page 96 Consultant commences performance. If performance of this Agreement shall extend beyond one year, Consultant shall provide City 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/subconsultants performing work pursuant to this Agreement, the same requirements and provisions of 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/subconsultants to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors/subconsultants 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 relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City might require. City shall compensate Consultant for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City 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 Consultant. In the event City exercises its right to terminate this Agreement, City shall pay Consultant for any services satisfactorily rendered prior to the effective date of the termination, provided Consultant is not then in breach of this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation. City 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 parry. Consultant may terminate this Agreement for cause upon giving the City ten (10) business days prior written notice for any of the following: (1) uncured breach by the City 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 Consultant's and City'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: PSA with professional liability insurance(Design) Page 13 Last Revised:061112018 Page 97 If to City: Julie Solwes, Library Director Rancho Cucamonga Public Library 12505 Cultural Center Dr., Rancho Cucamonga, CA 91739 If to Consultant: Doug Simpson, Principal Cambridge Seven Associates, Inc. 1050 Massachusetts Avenue, Cambridge, MA 02138 16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors, subconsultants, 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. Consultant shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Consultant's obligations hereunder without City's prior written consent. Except as provided herein, any attempt by Consultant 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. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services. Consultant 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 the performance of 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, Consultant 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/DPreWageDetermination.htm Consultant 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 Consultant's principal place of business and at the Project site. Consultant shall defend, indemnify and hold the City, 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 PSA with professional liability insurance(Design) Page 14 Last Revised:061112018 Page 98 making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City 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 Consultant and City. 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. PSA with professional liability insurance(Design) Page 15 Last Revised:061112018 Page 99 Consultant Name: Joe Silviera, City of Rancho Cucamonga Cambridge Seven Associates, Inc, Cambridge Seven Architects, P.C., By: Cambridge Seven Associates, LLC Name Date By: Name Date Title Title City of Rancho Cucamonga By: By: Name Date Name Date Title Title (two signatures required if corporation) Approval Buyer II,Purchasing PSA with professional liability insurance(Design) Page 16 Last Revised:061112018 Page 100 Alternate Risk Management Coordinator EXHIBIT A SCOPE OF SERVICES PSA with professional liability insurance(Design) Page 17 Last Revised:061112018 Page 101 RANCHO CUCAMONGA REQUEST FOR PROPOSAL("RFP") #19/20-025 DESIGN FIRM SERVICES FOR THE DEVELOPMENT OF THE PAUL A. BIANE LIBRARY SECOND STORY AND BEYOND° MASTER PLAN City of Rancho Cucamonga Procurement Division 10500 Civic Center Drive Rancho Cucamonga, California 91730 Page 102 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story'and Beyond Master Plan Table of Contents 1. OVERVIEW.................................................................................................................................. 5 1.1. GENERAL...............................................................................................................................................................................5 1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS......................................................................................................................5 1.3. DISCREPANCIES OR OMISSIONS...........................................................................................................................................6 1.4. CONTINGENCIES....................................................................................................................................................................6 1.5. QUESTIONS AND CLARIFICATIONS........................................................................................................................................6 1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION............................................................7 1.7. BRAND NAMES.....................................................................................................................................................................7 1.8. KNOWLEDGE OF REQUIREMENTS.........................................................................................................................................7 1.9. RESERVATION OF RIGHTS.....................................................................................................................................................7 1.10. CALIFORNIA'S PUBLIC RECORDS ACT...................................................................................................................................8 2. MINIMUM REQUIREMENTS......................................................................................................... 9 2.1. BUSINESS LICENSE........................................................................................................................................................................9 2.2. REPRESENTATIVES................................................................................................................................................................9 2.3. EMPLOYEE CONDUCT................................................................................................................................................................ 10 3. RFP RESPONSE FORMATAND SUBMISSION REQUIREMENTS ...................................................... 10 3.1. COVER LETTER/INTRODUCTION......................................................................................................................................11 3.2. TABLE OF CONTENTS.........................................................................................................................................................11 3.3. EXECUTIVE SUMMARY.......................................................................................................................................................11 3.4. EXPERIENCE.......................................................................................................................................................................11 3.5. THIRD-PARTY SUBCONTRACTORS..................................................................................................................................11 3.6. STAFF BIOGRAPHIES..........................................................................................................................................................12 3.7. PROPOSAL RESPONSE................................................................................................................................................................ 12 3.8. EXHIBITS A THROUGH G .................................................................................................................. 12 3.9. NON-DISCLOSURE CONFLICT OF INTEREST.......................................................................................................................12 3.10. PROFESSIONAL SERVICE AGREEMENT...............................................................................................................................12 3.11. ACKNOWLEDGEMENT OF INSURANCE...............................................................................................................................13 3.12. ADDENDUM ACKNOWLEDGEMENT...................................................................................................................................13 3.13. DEBARMENT AND SUSPENSION.........................................................................................................................................13 Pan,- 103 Page 2 of 30 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story'and Beyond Master Plan 3.14. PARTICIPATION CLAUSE.....................................................................................................................................................13 3.15. SIGNATURE OF AUTHORITY...............................................................................................................................................14 3.16. LINE ITEM PRICING............................................................................................................................................................14 4. SCOPE OF SERVICES............................................................................................................................. 14 4.1. OVERVIEW............................................................................................................................................................................. 14 4.2. BACKGROUND...................................................................................................................................................................... 15 4.3. NEXT STEPS........................................................................................................................................................................... 15 4.4. PROJECT PARAMETERS.................................................................................................................................................... 15 4.5. DELIVERABLES.................................................................................................................................................................... 16 4.5.1. CONCEPT/SCHEMATIC DESIGN..................................................................................................................................... 16 4.5.2. DESIGN DEVELOPMENT................................................................................................................................................... 16 4.5.3. CONSTRUCTION DRAWINGS/BID DOCUMENTS....................................................................................................... 17 4.5.4. FABRICATION BID PROCESS........................................................................................................................................... 17 4.5.5. FABRICATION& INSTALLATION(CONSTRUCTION ADMINISTRATION)............................................ 17 4.5.6. PROJECT COMPLETION.............................................................................................................................................................18 4.6. RFP QUESTIONS................................................................................................................................................................. 18 S. EVALUATION AND CONSULTANT SELECTION PROCESS......................................................................... 20 5.1. INITIAL SCREENING............................................................................................................................................................20 5.2. EVALUATION ACTIVITIES...................................................................................................................................................20 5.3. COST EVALUATION............................................................................................................................................................21 5.4. REFERENCE CHECKS...........................................................................................................................................................21 S.S. DEMONSTRATIONS/INTERVIEWS.....................................................................................................................................21 5.6. FINANCIAL DOCUMENTATION...........................................................................................................................................22 5.7. BEST AND FINAL OFFER............................................................................................................................................................22 5.H. CONSULTANT SELECTION...................................................................................................................................................22 5.9. LETTER OF INTENT TO AWARD..........................................................................................................................................22 "EXHIBIT A,CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT"......... 24 "EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY" ............................................. 25 "EXHIBIT C, ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED".................................................................................... 26 "EXHIBIT D,ADDENDUM ACKNOWLEDGEMENT"........................................................................................ 27 Pane 1 Q4 Page 3 of 30 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story'and Beyond Master Plan "EXHIBIT E, DEBARMENT and SUSPENSION CERTIFICATION FORM"............................................................ 28 -EXHIBIT F, PARTICIPATION CLAUSE"......................................................................................................... 29 -EXHIBIT G, SIGNATURE OF AUTHORITY" ................................................................................................... 30 pan,_ 1 Qrj Page 4 of 30 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story'and Beyond Master Plan 1. OVERVIEW 1.1. GENERAL The City of Rancho Cucamonga (hereinafter "City") is inviting qualified Design Firms (hereinafter "Consultant") to submit a proposal response for Request for Proposals ("RFP") #19/20-025 Design Firm Services for the Development of the Paul A. Biane Library Second Story and Beyond° Master Plan in accordance with the minimum Scope of Services and Specifications indicated herein. Consultants wishing to participate in the RFP solicitation must be registered as a Consultant on Planet Bids through the City website at ement. Only those responses received from registered Consultants will be accepted. Responses must be submitted by the named Consultant that has downloaded the RFP, this information is indicated in the bid system and provides the ability to tabulate the responses in accordance to the named Consultants. Submitting a response under a Consultant name that does not appear to be on the Prospective Bidders list will be deemed as non-responsive and disqualify said response from further consideration. Communications regarding this project, the RFP or the process must be limited to the contact instructions indicated herein and Planet Bids. All questions, clarification requests, or concerns must be submitted in writing through the Planet Bids system. From the issuance date of this RFP until a selected Consultant is identified, communication with any City staff, Consultants or other City Officials regarding this procurement outside of the instructions is not permitted. Failure to comply with the instructions herein may deem a Consultant's submittal as non-responsive. 1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS Complete RFP responses must be received electronically via Planet Bids prior to the due date and time specified in the below Schedule of Events. Please note, there will be no paper responses accepted. The City shall not be responsible for any delays by transmission errors. Schedule of Events Event Description Date&Time Post RFP February 4,2020 Questions Due February 18,2020 by 9:00 AM PST Addendum Issued March 2,2020 RFP Response Due Date March 23,2020 by 9:00 AM PST (The City reserves the right to change schedule of events without prior notice or responsibility to Consultant.) Pan,_ 1 ng, Page 5 of 30 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story'and Beyond Master Plan 1.3. DISCREPANCIES OR OMISSIONS Consultants finding discrepancies or omissions in the RFP or having any doubts as to the meaning or intent of any part thereof shall submit such questions or concerns in writing electronically via Planet Bids. The City bears no responsibility for oral instructions or representations. Addenda to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. 1.4. CONTINGENCIES This RFP should not be considered as a contract to purchase goods or services but is a Request for Proposal in accordance with the terms and conditions herein and will not necessarily give rise to a Contract. However, RFP responses should be as detailed and complete as possible to facilitate the formation of a contract based on the RFP response(s) that are pursued should the City decide to do so. Completion of this RFP form and its associated appendices are a requirement. Failure to do so may disqualify your RFP response submittal. Consultants must submit signed RFP responses by the due date and time as specified herein. Consultants will be considered non-responsive if the above requirements are not submitted as requested. If only one RFP response is received, the City reserves the right to reject the response and re-bid the RFP. Any scope of services, contingencies, special instruction and/or terms and conditions applicable to this RFP and any purchase order derived thereafter shall be effective as of the issue date of a purchase order for the requested work (the "Effective Date"), and shall remain in full force and effect until sixty(60) days after the City has accepted the work in writing and has made final payment, unless sooner terminated by written agreement signed by both parties. 1.5. QUESTIONS AND CLARIFICATIONS All questions or clarification requests must be submitted directly through the City's bid system no later than the due date and time indicated in the above Schedule of Events. Answers and/or clarifications will be provided in the form of an Addendum and will be posted for download from the City's bid system in accordance with the above "Schedule of Events". From the issuance date of this RFP until a Consultant is awarded, Consultants are not permitted to communicate with any City staff, City Officials or other officials acting on the City's behalf regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Ruth Cain, CPPB, Procurement Manager, the designated representative of the City of Rancho Cucamonga. Pane 1 n7 Page 6 of 30 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story'and Beyond Master Plan 1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION All materials submitted in response to this RFP solicitation will become the property of the City and will be returned only at the City's option and at the expense of the Consultant submitting the RFP response. A copy of the RFP response will be retained for official files and become a public record. Any material that a Consultant considers as confidential but does not meet the disclosure exemption requirements of the California Public Records Act may be made available to the public regardless of a notation or markings of confidentiality or otherwise. 1.7. BRAND NAMES Any reference to brand names and/or numbers in the solicitation is intended to be descriptive, but not restrictive, unless otherwise specified. RFP responses offering equivalent items meeting the standards of quality specified may be considered, unless otherwise specified, providing the RFP response clearly describes the article offered and how it differs from the referenced brand. Unless a Consultant specifies otherwise, it is understood that the Consultant is offering a referenced brand item as specified in the solicitation.The City reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references, and the City may require the supply of additional descriptive material and a sample. 1.8. KNOWLEDGE OF REQUIREMENTS The Consultant shall carefully review all documents referenced and made a part of the solicitation document to ensure that all information required to properly respond has been submitted or made available and all requirements are priced in the RFP response. Failure to examine any documents, drawings, specifications, or instructions will be at the Consultant's sole risk. Consultants shall be responsible for knowledge of all items and conditions contained in their RFP responses and in this RFP, including any City issued clarifications, modifications,amendments, or addenda.The Citywill provide notice of any changes and clarifications to perspective Consultants by way of addenda to Planet Bids; however, it is the Consultant's responsibility to ascertain that the RFP response includes all addenda issued prior to the RFP due date. 1.9. RESERVATION OF RIGHTS The issuance of this RFP does not constitute an agreement by the City that any contract will be entered by the City. The City expressly reserves the right at any time to: • Waive or correct any defect or informality in any response, RFP, or RFP procedure. • Reject any or all RFPs. • Reissue a Request for RFPs. Pane ins Page 7 of 30 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story'and Beyond Master Plan • Prior to submission deadline for RFPs, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the RFPs. • The City recognizes that price is only one of several criteria to be used in judging a product or service, and the City is not legally bound to accept the lowest RFP response. • The City reserves the right to conduct pre-award discussions and/or pre-Contract negotiations with any or all responsive and responsible Consultants who submit RFP responses. • Procure any materials, equipment or services specified in this RFP by any other means. • Determine that no project will be pursued. • The City reserves the right to inspect the Consultant's place of business prior to award or at any time during the contract term or any extension thereof, to determine the Consultant's capabilities and qualifications. 1.10. CALIFORNIA'S PUBLIC RECORDS ACT The City complies with the California Public Records Act, Government Code Section 6250 et seq, Public records are open to inspection always during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. Neither an RFP in its entirety, nor proposed prices shall be considered confidential and proprietary. Notwithstanding the foregoing, companies are hereby notified that all materials submitted in response to this RFP are subject to California's Public Records Act. The City 's receipt, review, evaluation or any other act or omission concerning any such information shall not create an acceptance by the City or any obligation or duty to prevent the disclosure of any such information except as required by Government Code Section 6253. Companies who submit information they believe should be exempt from disclosure under the Public Records Act shall clearly mark each document as confidential, proprietary or exempt, and state the legal basis for the exemption with supporting citations to the California Code. Pursuant to California Law, if the information is requested under the Public Records Act, the City shall make a final determination if any exemption exists for the City to deny the request and prevent disclosure. The City will withhold such information from public disclosure under the Public Records Act only if the City determines, in its sole discretion, that there is a legal basis to do so. pane 1 Qq Page 8 of 30 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story'and Beyond Master Plan 2. MINIMUM REQUIREMENTS 2.1. BUSINESS LICENSE A selected Consultant awarded a contract shall be required to obtain a Rancho Cucamonga Business License no later than five (5) business days from notification of award prior to being issued a Purchase Order. A selected Consultant must possess and maintain all appropriate licenses/certifications necessary in the performance of duties required under this RFP and will provide copies of licenses/certifications immediately upon request throughout the term of the Contract. 2.2. REPRESENTATIVES Should a selected Consultant require the services of a third-party to complete the Scope of Services indicated in this RFP, the awarded Consultant will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof. Any attempt by the awarded Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. The awarded Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services including Consultants subcontractor. All Services shall be performed by the awarded Consultant or under the awarded Consultant's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law to perform such services. The awarded Consultant 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, Consultant 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. In case of default by the Consultant, the City may take the following actions which shall include but not be limited to; cancellation of any purchase order, procurement of the articles or service from other sources and may deduct from unpaid balance due to the Consultant, or may bill for excess costs so paid, and the prices paid by the City shall be considered the prevailing market prices paid at the time such purchase is made,withholding of payment until final resolution. Cost of transportation, handling, and/or inspection on deliveries, or Consultants for delivery,which do not meet specifications,will be for the account of the Consultant. City Representative: For the purposes of this Agreement, the contract administrator and City's representative TBD after award, or such other person as designated in writing by City ("City 's Representative"). It shall be the Consultant's responsibility to assure that City's Representative is kept informed of the progress of the performance of the PanP1in Page 9 of 30 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story'and Beyond Master Plan services, and the Consultant shall refer any decisions that must be made by City to City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. Consultant Representative: The response to this RFP shall designate the representative of the Consultant authorized to act on its behalf with respect to the services specified herein and make all decisions in connection therewith ("Consultant's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Consultant's Representative will be a substantial inducement for City to enter into an Agreement with the Consultant. Therefore, the Consultant's Representative shall be responsible during the term of any Agreement for directing all activities of Consultant and devoting enough time to personally supervise the services hereunder. The successful Consultant may not change the Consultant's Representative without the prior written approval of City's Representative. 2.3. EMPLOYEE CONDUCT All Consultant personnel must observe all City regulations in effect at the location where the Services are being conducted. While on City property, the Consultant's personnel shall be subject to oversight by City staff. Under no circumstances shall the Consultant's or Consultant's sub-contractor personnel be deemed as employees of the City. Consultant or Consultant's subcontractor personnel shall not represent themselves to be employees of the City. Consultant's personnel will always make their best efforts to be responsive, polite, and cooperative when interacting with representatives of the City and City employees. The Consultant's personnel shall be required to work in a pleasant and professional manner with City employees,outside Consultants and the public. Nothing contained in this RFP shall be construed as granting the Consultant the sole right to supply personal or contractual services required by the City or without the proper City approval and the issuance of a Purchase Order. 3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS Completion of this RFP form and its associated Exhibits are a requirement. To be considered responsive and evaluate RFP responses fairly and completely Consultants must comply with the format and submission requirements set out in this RFP, and provide all information requested. Failure to comply with this instruction will deem said RFP response as non-responsive and will not receive further consideration in the evaluation process. If only one RFP response is received, the City reserves the right to discard the response, re-bid or proceed with an RFP review and negotiations. PanP111 Page 10 of 30 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story'and Beyond Master Plan RFP responses are due on the date and time indicated in the above schedule of events. Submittals shall be submitted electronically via Planet Bids; no paper RFP responses will be accepted. RFP responses must include the information required by this RFP. 3.1. COVER LETTER/ INTRODUCTION RFP responses must include the complete name and address of Consultant and the name, mailing address, and telephone number of the contact person regarding the RFP response. A signature by an authorized representative must be included on each RFP response. Said signature will be considered confirmation of the Consultants ability and willingness to comply with all provisions stated herein. 3.2. TABLE CIF CONTENTS The Table of Contents must be a comprehensive listing of the contents included in your RFP response. This section must include a clear definition of the material, exhibits and supplemental information identified by sequential page numbers and by section reference numbers. Each section of the RFP response will be separated by a title page at the beginning of each section. 3.3. EXECUTIVE SUMMARY The Executive Summary shall condense and highlight the contents of the Consultant's RFP response to provide the Evaluation Committee with a broad understanding of the Consultant's approach, proposal, experience and staffing. 3.4. EXPERIENCE The Consultant shall provide a concise statement demonstrating the Consultant's qualifications, experience, expertise and capability to perform the requirements of this RFP. Provide a brief history of your company, including; • The number of years in business, • The firm's service commitment to customers, • If the firm is involved in any pending litigation that may affect its ability to provideits proposed solution or ongoing maintenance or support of its products and services. • A statement as to whetheryourfirm is an individual proprietorship, partnership,corporation, or private nonprofit firm, and the date your company was formed orincorporated. 3.5. THIRD-PARTY/SUBCONTRACTORS If the Consultant intends to subcontract, a detailed list of any sub-contractors, partners, or third-party Consultants who will be involved in the implementation of the proposed services including but not limited to: • Description of the Consultant's experience with each of the proposed subcontractors, panP119 Page 11 of 30 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story'and Beyond Master Plan • Three (3) customer references for each subcontractor to include references names, addresses, and telephone numbers, for products and services like those described in this RFP, • Describe the specific role of each. 3.6. STAFF BIOGRAPHIES Submit the resumes of the individuals who will be performing the services for the City. Resumes shall be formatted in the following order: • Position with the Company, • Length of time with the Company, • Licenses, registrations and certifications as required by law to perform the Scope of Work described herein, • Educational background, • Role in the Project, • Experience with the minimum requirements stated herein, • Work history on similar or like projects with the other municipalities. 3.7. PROPOSAL RESPONSE Underthis section Consultants shall provide a full,detailed response to the City's Scope of Services listed herein. Consultants should be as thorough as possible in their response as it may be the only opportunity to convey information regarding your business, ability and qualifications to complete the services needed. 3.8. EXHIBITS A THROUGH G The following named Exhibits A through G are a requirement and must be complete and signed where required. Exhibits are not to be included in your proposal response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, "Exhibits A —G". Failure to comply with this instruction will deep your RFP submittal as non-responsive. 3.9. NON-DISCLOSURE CONFLICT OF INTEREST Specify any possible conflicts of interest with your current clients or staff members and the City. A signed "Exhibit A, Conflict of Interest and Non-Disclosure Agreement" included herein, must be submitted in Planet Bids system under the Response Types tab "Exhibits A—G". 3.10. PROFESSIONAL SERVICE AGREEMENT In addition to the acceptance of the City's Terms and Conditions, the successful Consultant will be required to enter into a Professional Services Agreement ("PSA")with the City,a "Sample" of which is attached in the City's PanP113 Page 12 of 30 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story'and Beyond Master Plan bid system for review. All requirements of said PSA must be completed by the successful Consultant and signed by both applicable parties prior to any services being rendered. This RFP sets forth some of the general provisions which may be included in the final PSA. In submitting a response to this RFP, Consultant will be deemed to have agreed to each clause unless otherwise indicated in "Exhibit B, Professional Services Agreement Exceptions Summary" and the City agrees to either accept the objection or deviation or change the PSA language in writing. Failure to raise any objections at the time of this RFP response submittal will result in a waiver of objection to any of the contractual language in the PSA at any other time. The signed Exception Summary shall be must be submitted in Planet Bids system under the Response Types tab "Exhibits A—G". 3.11. ACKNOWLEDGEMENT OF INSURANCE Consultants must meet all insurance requirements as outlined in the Professional Services Agreement. Ability to comply with said requirements must be indicated with signature of "Exhibit C, Acknowledgement of Insurance Requirements and Certification of Ability to Provide and Maintain Coverages Specified",which must be submitted in Planet Bids system under the Response Types tab "Exhibits A — G". The awarded Consultant will be responsible for providing the required Certificates of Insurance and must be the Named Insured on the Certificates. Certificates of Insurance from any other entity other than the awarded Consultant, will not be accepted. 3.12. ADDENDUM ACKNOWLEDGEMENT The Consultant shall hereby acknowledge they have received all posted Addendums, if any. It is the Consultant's responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Addenda issued in correspondence to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. Consultants must indicate their acknowledgement of any Addendums by way of signature on "Exhibit D, Addendum Acknowledgement" and must be submitted in Planet Bids system under the Response Types tab "Exhibits A—G". 3.13. DEBARMENT AND SUSPENSION Bidding Consultants must verify by way of signature to "Exhibit E, Consultant Certification Form" that they are not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Consultant nor any of its proposed subcontractors are tax delinquent with the State of California. The signed exhibit must be submitted in Planet Bids system under the Response Types tab "Exhibits A—G". 3.14. PARTICIPATION CLAUSE Consultants shall provide a completed "Exhibit F, Participation Clause". submitted in Planet Bids system under the Response Types tab "Exhibits A — G". This will indicate a Consultants agreement to or not to allow other entities to utilize the RFP response and awarded contract as a piggyback option. PanP114 Page 13 of 30 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story'and Beyond Master Plan 3.15. SIGNATURE OF AUTHORITY "Exhibit G, Signature of Authority" must be submitted in Planet Bids system under the Response Types tab "Exhibits A — G". Unsigned RFP responses will not be accepted. The Signature of Authority declares that the Consultant has carefully examined the instruction indicated herein including all terms and condition and specifications, and hereby proposes and agrees, if the Consultants RFP response is accepted, Consultant agrees to furnish all material in accordance with the instruction and specifications in the time and manner prescribed for the unit cost amounts set forth in the Consultants RFP response. 3.16. LINE ITEM PRICING Line item pricing for this RFP must be provided directly in the Planet Bids system under the "Line Items"tab and is not to be included in the RFP response. This pricing is not an estimate and is firm fixed price for each item listed. Consultants pricing quotes outside of the pricing listed in Planet Bids under the "Line Items" tab will not be accepted or considered for award. Any additional cost required should be noted in the additional cost Line Item and a summary of the cost provided in the last column of the of the line item detail. Please note: Consultants will add a staff title in the line item notes to indicate the staffing that will be working on this project. The hourly rate should be the hourly rate of the staff title identified in the last column of the line item detail. While Line Item pricing accompanies your RFP response it is not to be discussed in any other area of the RFP response other than the "Line Item" tab in Planet Bids. The City will not be obligated to any estimated pricing or pricing not identified in the "Line Item" tab in Planet Bids. Failure to provide the required Line Item pricing in the required format will cause Consultants RFP response to be considered as non-responsive and be eliminated from proceeding any further in the process. Any questions or clarifications regarding how to correctly submit Line Item pricing should be submitted by the "Questions Due" date and time indicated in the schedule of events. SCOPE OF SERVICES 4.1. OVERVIEW Second Story and Beyond° is an innovative project of the Rancho Cucamonga Public Library. Located on the second floor of the Paul A. Biane Library at Victoria Gardens, this 8,000 square foot space will be designed for families and themed around literacy. Roughly 5,500 square feet will be devoted to exhibit space, with the balance taken up by existing program spaces including a STEM Lab, an Art Studio, an Early Learning Area, a Workshop, and a kitchenette. The goal of the entire project is to become an immersive and interactive museum style experience. It will support collaboration and 21st century skills and help build an ecosystem of interdependent literacies. It will combine dynamic, interactive exhibit platforms with robust program spaces to engage the community as creators and innovators through open-ended play. This will strengthen the Library as a destination, community anchor, and regional attraction for the City of Rancho Cucamonga. Pane 115 Page 14 of 30 4.2. BACKGROUND In 2016, tenant improvements were made to the second floor of the Paul A. Biane Library at Victoria Gardens, which resulted in the program spaces described above. The Library worked with Gyroscope, an exhibit design and master planning firm, to create an experience concept plan which took the exhibit space and divided it into six exhibit areas, each designed as platforms. The platforms are intended to provide a robust visitor experience that can be easily changed to respond to a different theme. Together, they cover all typologies and learning strategies and provide the basis for the conceptual framework called "Start with a Book." 4.3. NEXT STEPS The Library wishes to work with a design firm to develop exhibit platforms so that certain elements will remain in use for years, while other elements can be attached to them and changed out several times a year to incorporate different themes. This is much like theatrical scenery that can be changed on top of robust structures which remain in use. However, unlike scenic elements used onstage, these elements will have to be durable enough to withstand the many hands of excited children and their families and/or caregivers. The existing master plan was a starting point, but this scope of work can incorporate new ideas and changes in direction that reflect the Library's continued thinking about different options, in terms of both exhibit platforms as well as possible future themes to be explored, some of which differs from that in the master plan. In addition to designing the exhibit areas, the City recognizes there are differences between running a library on the first floor which is open to anyone and operating interactive spaces on the second floor which will require a separate ticketed entry and be conducive to active (and sometimes noisy) play. Therefore, the exhibit design firm chosen for this project will also be responsible for laying out space for ticketing and queuing for the second floor; researching and providing recommendations for an appropriate ticketing system and tangible housing for any necessary equipment; and hiring acoustical engineers to provide input into a tenant improvement project.The final deliverables for the exhibit design firm will be two bid packages: one for exhibit fabrication, including any required media or other ancillary sub-specialties; and, one for tenant improvements which will include sufficient acoustical and lighting upgrades to ensure a quality experience for both library patrons below and the visitors engaged in interactive play above. Subsequent to these bid packages being produced, the exhibit design firm will have continued responsibilities during the bidding phase, providing construction administration during the fabrication and installation of both the exhibits and the tenant improvements to the space. 4.4. PROJECT PARAMETERS • Budget: $3.55M, covers fees for the exhibit designer and all sub-consultants; tenant improvements; research for ticketing system and fabricating any required cabinetry to contain it (but excluding purchase of hardware and software); exhibit platforms; initial thematic scenic elements; up to two additional changes of scenic elements to be stored for future changeouts. • Schedule: Open to the public on November 1, 2022. 4.5. DELIVERABLES 4.5.1. CONCEPT/SCHEMATIC DESIGN During this 3.5-month phase, Consultant team will meet with the Second Story team and develop the exhibits concepts and schematic design. After the kick-off meeting, there will be calls to discuss alternatives and progress every other week. Consultants will also hold a presentation at the 50% point of the process. Consultant's exhibit and architectural cost estimators will start reviewing documents near the end of this phase so that they will have costs available by the time of completion during this phase of work. Consultant will hold a second presentation and present deliverables. Written feedback from RCPL will be within a maximum of 5 business days of inquiry. Pan- 1 1 F, Page 15 of 30 The Consultant's deliverable for this phase of work is a full color, 11" x 17" Concept/Schematic Drawing Set (provided in digital and print formats) includes: • Exhibit adjacency diagram based on room layout. • Develop narrative description of each content area and exhibit component. • A minimum of 6 color, schematic-level high-resolution rendered views. • Schematic-level floorplans. • Schematic-level, computer generated, 3D model views to reflect design intent of the entire space. • Design reference images. • Graphic Design "look and feel" and review of stock imagery and illustrator alternatives. • Schematic-level Materials/Style Boards (in PDF format.) • Schematic-level cost estimate, verifying the project is within the established budget. • Provide options for sound attenuation techniques, with cost tradeoffs/benefits. Preliminary analysis of tenant improvement and sound attenuation requirements to be based on input by an acoustic engineer and any other necessary subject matter experts. Includes schematic-level cost estimate. • Preliminary research on various options for providing ticketing, including pros/cons of effects on ingress and egress for general library visitors. • Consultant to provide ticketing line management and ticketing infrastructure plan. Consultant to provide schematic level floorplan of ticketing process and layout and preliminary research on various types of point of sale and ticketing software and equipment. 4.5.2. DESIGN DEVELOPMENT During this 3.5-month phase, the Consultant design team will develop the exhibits to a higher level of detail, solve specific design issues, incorporate any changes necessitated by code issues, and address any budget or program problems identified at the end of the Schematic Design phase. Exhibits needing prototyping will be identified during this phase. Phone calls will be once per week between Consultant and Second Story core team, with an additional meeting at the 50% point to share Consultant's progress. Consultant's cost estimators will review and cost documents approximately one month prior to the end of this phase to determine cost estimates by the time Design Development is complete. At the end of this phase, Consultant will meet again in person with Second Story team and present the Design Development deliverables. Written feedback from RCPL will be within a maximum of 5 business days of inquiry. The Consultant's deliverable for this phase of work is a full color, 11" x 17" Design Development Drawing Set (provided in digital and print formats) and supporting Component Manual. This drawing set is intended for the purpose of bidding the exhibit fabrication and installation, Tenant Improvement upgrades (including sound attenuation), and ticketing system acquisition and installation and will include: • Written description of the visitor experience including description of each exhibit component. • Drawing package with exhibit floor plans. • A minimum of 6 color, high-resolution rendered views of design development drawings. • (1) Design development level, computer generated, 3D model view per exhibit component to reflect design intent. • Drawings that communicate the design and performance for all exhibits: sections, elevations, design references and infrastructure noted on plans. Pan- 117 Page 16 of 30 • Style boards of materials proposed. • Component Manual, including brief technical descriptions of each exhibit components keyed to plans. • Storyboards for media components in exhibits. • Copywriting for Graphic Standards. • List of exhibits to be prototyped in fabricator's shop. • Graphic Standards showing typical graphic design for every area including stock imagery. Illustrators, if needed, will be selected. • Cost estimate, including detailed back-up documents verifying the project is within the established budget. • Detailed sound attenuation architectural/constructible drawings. • Options for ticketing system types and layouts of queuing areas. 4.5.3. CONSTRUCTION DRAWINGS/BID DOCUMENTS During this 2-month phase, Consultant will make any changes required from the previous phase, add further detail, prepare graphic design package showing each individual graphic including stock imagery, and rough illustrator sketches or mock-ups, and package the completed design and specification into two packages that can be sent out to bid. Consultant and Second Story team will maintain once per week phone schedule, and Consultant will submit a digital version of the Construction Drawing package of the phase deliverables. Written feedback from RCPL will be within a maximum of 5 business days of inquiry. • Prepare drawings and specifications for 2 bid packages: o Exhibit and graphics fabrication and installation (including all graphic production, media software development and hardware acquisition and installation.) o Tenant improvement construction (including sound attenuation, ticketing layout and queuing areas.) 4.5.4. FABRICATION BID PROCESS The Consultant will assist in preparing a list of qualified bidders, responding to questions from bidders, and helping Owner evaluate bids submitted. 4.5.5. FABRICATION & INSTALLATION (CONSTRUCTION ADMINISTRATION) Written feedback from RCPL will be within a maximum of 5 business days of inquiry. • Image Acquisition and Rights Procurement. Branded intellectual property, such as copyrighted book illustrations, will not be included. • Prepare final production-ready graphic files for the fabricator with high resolution imagery. If necessary, provide art direction for custom illustrations. The production of these production ready graphic files is not included in this scope of work. Consultant will provide additional service fee proposal at the completion of the Construction Documents phase for the Production-Ready Graphic Files and Image Acquisition and Rights Procurement. • Respond to Requests for Information (RFI's) for both exhibit and tenant improvement work. • Review shop drawings, samples and submittals. • Provide substitutions or performance equivalents. • Prepare supplemental drawings/sketches. • Consultant will make 2 visits to the Fabricator's shop during fabrication and 1 site visit to owner during installation. These visits will be to review progress and quality of the work, and to determine whether the work is proceeding in accordance with the intent of design drawings. • Consultant or Consultants's representative approved by Owner will be available on site for an additional (4th) visit during some of the shakedown period to assist in the shakedown process by observing any visitor problems in operating and/or understanding the exhibits due to flaws in exhibit design and suggesting design solutions to address those problems. Pan- 118 Page 17 of 30 • Consultant shall advise Owner on levels of overall lighting based on Consultant's lighting plan, audio balance, and the overall guest experience. Specific dates for attendance during shakedown will be ascertained and determined by mutual agreement of Owner and Consultant. At no additional cost, Consultant will supply two complete sets and an electronic (pdf) version of the approved final CAD detail design of the exhibits, as well as packaged InDesign graphic files due no later than (10) days after written approval by Owner. 4.5.6. PROJECT COMPLETION Following installation and for one (1) year thereafter, knowledgeable members of Consultant's staff will be available, at no additional expense to Owner, via telephone, telefax or e-mail to discuss any design flaws which affect ongoing operations of the Exhibits. Pan- 119 Page 18 of 30 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story'and Beyond Master Plan 4.1. RFP QUESTIONS Consultants are required to answer the following questions in detail. No more than twenty (20) pages of narrative will be accepted, using no less than eleven (11) point font size,single line space,and no more than ten (11) pages of digital photos. Strict adherence must be paid to this instruction, failure to comply will deem Consultants response as non-responsive and will not be considered further in the evaluation process. 1. How would you recommend we allocate the available budget of 3.55M among the followingitems? • 6 main exhibit platforms (the structures which will not change.) • 3 changes of theme (to be designed for use on the platforms.) • Design fees and expenses(including any amount required for subcontractors which design firm might choose to add to their team.) • Ticketing system (desk, kiosk, etc., excluding all hardware and software). • Tenant improvement package (including exhibit infrastructure and sound attenuation). Note: the sound attenuation may be in the magnitude of$500K, according to one estimate. Exact design and cost to be included in Consultant's scope of work. 2. For the main exhibit platforms,what are the pros and cons of fabricating 3 themes at once, vs. only2? 3. At what point do you suggest we involve exhibit fabricators in the process? Why? 4. At what point do you suggest we involve an acoustic engineer(s) in the process? Why? 5. What do you think are the risks and opportunities of the approach to build permanent structures and have changeable themes which can be added on to them? Pan,_ 1 gn Page 19 of 30 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story'and Beyond Master Plan 6. What is your proposed process and schedule for completing this project? Please include regular meetings and deliverables for each phase. Describe what kind of meetings you suggest (e.g. in person, phone, Skype, GoToMeetings or similar format, othertypes). 7. What methods and tools do you use to ensure a project will stay on or under budget from design through opening? Do you employ outside estimators or get preconstruction input from fabricators? 8. Please tell us how you would handle the prototype development and review process. Include your approaches on prototyping for visitor comprehension (including comprehension of directions or systems, such as allocating space for ticketing and queuing) and fordurability. 9. Please submit a detailed budget forthe work and expenses you would dedicate to this project, including: a. An organizational chart showing the level of organizational responsibility of all major participants of your staff who will work on this project. (The staff identified here should also be clearly identified in the Line Item tab located in Planet Bids). b. For each person listed on the chart, please provide the estimated number of hours that person is expected to work on this project. 10. Please provide bios for the people listed in Question 9 11. How do you intend to handle the requirements for providing designs and tenant improvement drawings for ticketing layout and for sound attenuation? Please provide resumes for any subcontractors you'd be hiring for this scope of the work. 12. Please indicate what other projects and their sizes (in dollars)you would be working on during the same time frame as this project. 13. Please provide a list of any pending lawsuits, liens, and outstanding financial liabilities for your company or a statement that none exist. 14. We are interested in your past work on similar projects within the past 5years. a. Describe the work you performed for three projects of similar scope, size, and budget to this project that are still in operation where we can also talk to your liaison on that project. Make sure to include what year each project opened. b. Please provide current phone and email contact information for your liaison on each project, as well as the role in which they were involved during the project. What year did each projectopen? c. For each project, please list: 1) The total budget for exhibit design and fabrication. 2) Note if any of the following items were excluded from the budget listed above in(1): Pane 191 Page 20 of 30 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story'and Beyond Master Plan • Exhibit development • Graphic design and production • Image acquisition • Label writing • Prototyping • Computer hardware and software • Media production andequipment • A one-year warranty from the exhibit fabricator 3) If a budget for any of these items was not revealed to you, please provide an estimate or estimated range on what you thought it was and indicate that this is your estimate and not a confirmed number. Projects with partial answers will not be counted towards the three projects requirement. 4) Did these projects come in on time and on budget? If not, what was the variance on each, and what was the primary reason for the variance? 5) How well have these projects held up over time, operationally and educationally? Have any exhibit elements required a re-design? S. EVALUATION AND CONSULTANT SELECTION PROCESS 5.1. INITIAL SCREENING All RFP responses will undergo an initial review to determine responsiveness to the instructions herein. Those RFP responses initially determined to be responsive by meeting the RFP requirement as indicated herein will proceed to the next phase of the evaluation process. 5.2. EVALUATION ACTIVITIES RFP responses deemed as having met the standard RFP requirements as indicated herein are then evaluated by an Evaluation Committee. The RFP submittals are scored and assigned a ranking of one (1) through ten (10), ten being the highest possible score. The following criteria have been assigned percentages that the criteria will be scored against, based upon but not limited to the following evaluation criteria factors: Pane 199 Page 21 of 30 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story'and Beyond Master Plan Criteria Assigned Criteria Description Percentage Consultant Expertise,as demonstrated by Consultants response to 10 Section 4.6 RFP Questions Quality of proposed services or goods,as demonstrated by 20 Consultants response to Section 4.6 RFP Questions Extent to which the Consultants services or goods meet the City's needs,as demonstrated by Consultants response to Section 4.6 RFP 20 Questions Aligns with City's approach to completing the Second Story and 30 Beyond'project Cost 20 5.3. COST EVALUATION Cost Proposals are evaluated and scored based on the following calculations; Score = Lowest Proposal Cost/Cost of Proposal being scored X Maximum Points Available (10) The score is then added to the spreadsheet criteria scores. 5.4. REFERENCE CHECKS If determined to be required, reference checks are conducted by the Procurement Division and the requesting department may or may not be present during the process. The reference checks may be conducted by phone with the information being scribed or conducted by a written form, submitted to the Consultant's reference contact. Reference contacts will be asked several predetermined questions for response and to provide a score from one (1) to ten (10), ten being the highest. Scores are then tabulated and added to the spreadsheet with the criteria scores. It is imperative that Consultants provide up-to-date and accurate information regarding contact information for reference checks. All scores are then tabulated into the final Consultant ranking. Evaluators do not see the Consultant References or pricing line items. The proposed pricing is evaluated by the Procurement Division during the initial review of the RFP response, only to ensure that the proposed cost is not over the City's budgeted amount or Not-to-Exceed amount for the project. 5.5. DEMONSTRATIONS/INTERVIEWS Upon completion of the RFP evaluations and data analysis, and only if necessary, selected top ranked Consultants will be provided an opportunity to interview and conduct a demonstration or presentation to Pane 192 Page 22 of 30 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story'and Beyond Master Plan further expand on their RFP response. Consultant interviews/demonstrations are scored and assigned a ranking of one (1) through ten (10), ten being the highest possible score, based upon but not limited to the evaluation criteria factors as stated within the RFP. 5.6. FINANCIAL DOCUMENTATION Consultants that proceed to the short-list may be required to submit financial documentation as proof of its firm's financial stability and strength. A financial review will be conducted by the City Finance Department. Should a Consultant wish for its financial documentation to be treated as proprietary or be returned upon completion of the review, the documentation must clearly be marked as such. The following documentation will be required of each Consultant on the short-list: • A copy of the Consultant's most recent annual report. • Audited (by a third party), balance sheets and income statements forthe past three(3)years. • If audited data is not available,Consultant shall submit copies of complete tax returns for the past three (3)years. • Describe any regulatory censure and past or pending litigation related to services provided by the Consultant. • Indicate all applicable information regarding Consultant ownership changes in the last three (3) years. 5.7. BEST AND FINAL OFFER Upon completion of Consultant presentations, the City reserves the right to conduct pre-award discussions and/or pre-contract negotiations with all or only top ranked Consultants. At which time the City may request a Best and Final Offer to be submitted from one or all finalists. 5.H. CONSULTANT SELECTION The final Consultant selection is based on which Consultant is the most responsive, meeting the City's requirements, offering the best value at the most competitive price. The City is not obligated to award to the lowest price proposal. The City may conduct negotiations with several Consultants simultaneously. The City may also negotiate contract terms with the selected Consultants prior to award. The City, at its sole discretion, reserves the right, unless otherwise stated, to accept or reject all or any RFP responses, or any part thereof, either separately or to waive any informality and to split or make the award in any manner determined to be in the best interest of the City. 5.9. LETTER OF INTENT TO AWARD After a final Consultant selection is determined, a Letter of Intent to Award (LOI) will be posted for review by all participating, responsive Consultants. Negotiations shall be confidential and not subject to disclosure to competing Consultants unless an agreement is reached. If contract negotiations cannot be concluded successfully, City may negotiate a contract with the next highest scoring Consultant or withdraw the RFP entirely. Page 124 Page 23 of 30 The City uf Rancho Cucamonga Request for Proposal (^RFP^)#19/2O-025 Design Firm Services for The Development of the Paul A. Biane Library Second StoryO and Beyond Master Plan "EXHIBIT A, CITY DF RANCHO CUCAK0DNGA CONFLICT DF |NTEREST/NDN-U|SCLDSURE STATEMENT- It is the policy of the City to prevent personal or organizational conflict of interest, or the appearance of such conflict mfinterest, in the award and administration mf City Contracts, including, but not limited tm Contracts for Professional Services Agreements /"PSA"\ with potential Consultants. I do not have specific knowledge of confidential information regarding RFP.responses received in response to the Request for Proposal (^RFP^) #19/2D-D25 for the Development of the Paul A. Biane Library, Second Story and Beyond@/ Master Plan. ' ` | agree not to disclose or otherwise divulge any information pertaining to the contents, status, or ranking of any RFP response to any one. | understand the terms and "disclose or otherwise divulge" to include, but are not limited to, verbal conversations, written correspondence, reproduction of any pert or any portion of any RFP response, mr removal mf same from designated areas. 1, the undersigned, hereby certify that the following statements are true and correct and that I understand and agree tmbe bound by commitments contained herein. _JoocSUvcira_ (Print Name) —Representative ofProposed conou|bznt___ (Relationship to the City) CFO (Relationship to the Consultant) (Signature) E3 " ° "^'' "' ����' �� (Debs) Exhibits are not mbe included in your bid response. All referenced Exhibits mast be submitted in Planet Bids system under the Response Types, Exhibits A - G. Page 24of3O Page125 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story 11 and Beyond Master Plan "EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY" Mark the appropriate choice, below �: — Consultants accepts the PSA without exception, OR _X_ Consultants proposes exceptions to the PSA. Summarize all exceptions on a separate document. Enclose a written summary of each change and title as "Exception Summary", which shall include the Consultants' rationale for proposing each such exception. Each exception must be labeled with the Section number in the PSA. Failure to properly reference exceptions in the submitted summary may deem the response as non-responsive. 02" A Si , ature JoseSilveira Printed Name — Principal,CFO/COO ............ Title ILh /0 J..L ___UW Date Exhibits are not to be inciudedin yourbid response. A ii referencedExhibits must be submitted in Piane tBids system under the Response Types, Exhibits A- G. Page 25 of 30 Page 126 The City of Rancho Cucamonga Request for Proposal (^RFP^)#19/2O'O25 Design Finn Services for The Development of the Paul A. 8iane Library Second Story^and Beyond Master Plan ^EXH|B|TC,ACKNOVVLEOGKOENTCJF INSURANCE REQUIREMENTS AND CERTIFICATION CJFAB|L|TfTO PROVIDE AND MAINTAIN COVERAGES SPECIFIED" |. _JoseGi|veir h presentative___ _ (President, Secretary, Manager' Owner or Representative\ of—Cambridge Seven Associates, Inc. ' certify that the (Name of Company, Corporation orOwner) � Specifications and General Provisions regarding insurance requirements as stated within the Professional Services Agreement(PSA), for the Purchase Contract designated Request for Proposal ("RFP")#19/20-025 for The Development ofthe Pau|A.BianeLibmmry Second Story and Beyond&Master Plan have been readand understood and that our Consultant is able to provide and maintain the coverage as specified in the PSA. Failure award.to l2rovide said coverage, ul2on reguest to finalize the PSA l2rior to award shall be enough cause for immediate disgualification of Failure to maintain said coverage shall result intermination of the contract. ature _JoseGi|veiny^ Printed Name _Phnoipa|. CFO/C _ Title if Uj Date Exhibits are not/obe included/n your bid response. All referenced Exhibits must be submitted/n Planet Bids system under the Response Types, Exhibits - G. Page 2Oof3O Page127 The City of Rancho Cucamonga Request for Proposal (''RFP'')#19/2O'O25 Design Firm Services for The Development of the Paul A. Biane Library Second Story<>>and Beyond Master Plan "EXHIBIT D,ADDENDUM ACKNOWLEDGEMENT" The Consultant hereby acknowledges the following Addenda Number(s) to this RFP have been received' if any. Consultants understands failure to acknowledge any addenda issued may cause the RFP response to be considered non-responsive. It is the responsibility of the Consultant to log into the Bid System to identify and download the number of addenda that have been posted. ^ _No.00l___ _ ` ^ _[No. 002 _ ^ Y4o.003___ _ � /gnature l05eSUvcir Printed Name _Prio6pol,CFO/CO Title Date Exhibits are not tobminciuded in&om-bidrespomee. A0referenced Exhibits must bmsubmitted in PianmtBids system under the Response T\nmmo, Exhibits A- G. Paoe27 ofao Page 128 The City of Rancho Cucamonga Request for Proposal (^RFP^)#19/2O-025 Design Finn Services for The Development of the Paul A. Bione Library Second Story^^ and Beyond Master Plan "EXHIBIT E, DEBARMENT and SUSPENSION CERTIFICATION FORM" | certify that neither Cambridge Seven Associates, Inc. (Consultant) nor any of its proposed subcontractors are not currently listed on the governnnentvvide exclusions in the System for Award Management /GAK4\' in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 Connp.' p. lAV)and l26AV C3 CFR12art 1989 Connp.' p. 235),and that neither Cons-u|tantnoranyof its proposed subcontractors are tax delinquent with the State ofCalifornia. iacknovv|edge that if Consultant or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity' or if Consultants or any of its subcontractors subsequently become delinquent in California taxes,our Proposal will be disqualified. fnature Jooc8dvcb'"a--------- Printed Name —Principal,CFO/CO Title 312, /oioi o Date Exhibits are not fobmincluded in your bid mpspommm. All referenced Exhibits must bm submitted/nPlanet Bid system under the Response Types, Exhibits A- G. Page 2eofao Page129 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story®and Beyond Master Plan "EXHIBIT F, PARTICIPATION CLAUSE" It is hereby understood that other government entities, such as cities, counties, and special/school districts may utilize this RFP response at their option for equipment or services at the RFP response price for a period of days. Said entities shall have the option to participate in any award made because of this solicitation. Any such piggy-back awards will be made independently by each agency, and the City is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy-back procurement. Each public agency shall accept sole responsibility of its own order placement and payments of the Consultants. Successful Consultant will extend prices as proposed above to other governmental agencies, please specify. YES_ _ NO X_ Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A - G. Page 130 Page 29 of30 The City of Rancho Cucamonga Request for Proposal ("RFP")#19/20-025 Design Firm Services for The Development of the Paul A. Biane Library Second Story and Beyond Master Plan "EXHIBIT G, SIGNATURE OF AUTHORITY" The undersigned firm declares that he has carefullyo examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this RFP response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the following RFP response. THECONSULTANTIN SUBMITTING THIS RFP RESPONSE MUST FILL IN THE FOLLOWING INFORMATION. FAILURETODO SOMA YDEEM YOUR RFP RESPONSE AS NON-RESPONSIVE. Company Name: Cambridge Seven Associates, Inc. (Street,Su.#City,State,Zip) 1050 Massachusetts Avenue Cambridge, MA 02138 Telephone#: 617-492-7000 Fax#: 617-492-7007 E-mail address: Web Address: info(a),cambridgeseven.com www.cambridgeseven.com Authorized Representative:(print) Title: Jose Silveira Principal, CFO/COO Slim Date: 3 0 o E 1'h1hits are not to he included in your hid response. A//referenced Exhihits must he suhmitted in Planet Bids system under the Response Types, Exhihits A - G. Page 131 Page 30 of30 Y IIIIY� �IIII�III��,, roirr��/i/ii%//✓iiyi,,riri�r,//rirrr,r�' ", r r IJJ %r r Response to RFP 19/20-025 r r Design Firm Services for the Development of the Paul A. Biane Library Second Story And Beyond Master Plan City of Rancho Cucamonga, CA March 25 2020 /a ��:'ir r p/VVIfVp�i➢II G� i flu"fir �ir�:;i� All /rr rirv/r�/r✓/i/�i/%/%/iiiri rrlrrovi riri//liri/i/G�/� I is a " r„rrri�lt/r,i � Page 132 4 ain,lbu,a9�� v i,Associa[es,Vi,Ic 4050 Ma.>.>acl,w so I Is Averme,Cs:N7",I.xaidge,MA 02138 617 92 7CI00 VVVVVVrC;�nr'IID idg(I(IV( ",.cc+dlI / r riii ✓i r i✓ri � ��'r7��l���DjriijJ///l,'y%�i mIIpIIIVi"'uuuW°i Iu°II � � uu III luu III pum umop w um°p ii„ I��� inside cover page intentionally left blank Page 133 ii The City of Rancho Cucamonga RFP#19/20-025 CarnbridgeSeven rq;h!Iteq ftii City of Rancho Cucamonga March 24, 2020 u.0 bain Desigin Procurement Division i 11:111ainning 10500 Civic Center Drive I raga m' ' hi Rancho Cucamonga, California 91730 In lte i!(m Desigin Re: Qualifications and Proposal for Second Story and Beyond IIxdiiii),Desigin Architectural & Exhibit Design Services dManlo Groonflold Dear Second Story and Beyond team, Po icia . ln iari Gary C:;.,iahnson CambridgeSeven is delighted to submit its qualifications for both the architecture and exhibit yad,djaa Kim work. We have followed your progress and are particularly intrigued by your unique mix of Pai r Ku�nor library and participatory family engagement with the proposed "Second Story and Beyond I rno�hy ) Mau°sfiold Master Plan.,, Adarn P.yflch ll Mom lRogors CambridgeSeven Architecture + Exhibit Experience Joso Silvis Based in Cambridge, Massachusetts, CambridgeSeven is a full-service firm, unique in providing both architecture and exhibit design since its founding. We have a 62-person staff Bead, :xold that integrates exhibit planners and designers, graphic designers, and registered architects. Jan I, E:3rcnnor Since our first design of the New England Aquarium more than 58 years ago, Ixvadly C.onvorso CambridgeSeven has delighted clients around the country and the world with provocative, yet Ja`do C.'rano sensitive, museum projects for the whole family, by recognizing and acting upon the unique C"hirla yyuskoyr opportunities inherent in every project. CambridgeSeven has received dozens of awards and is Jarn,y,i Caurdae internationally acclaimed for its innovative work in creating inclusive museum experiences. I)cac)las Simpson Pcior Salladarr Extensive Experience in Museum Planning and Design ,ia.lin Clavvw¢ Our diverse client base includes a wide range of non-profit institutions with interactive and Parrrala N.Sullivan immersive exhibit experiences, such as children's museums, science museums, nature [:)avid .\Arll:rard centers, aquariums, sport halls of fame, and visitor centers, for both private and public groups. Because our firm designs both the architecture and exhibits, we have the ability and opportunity to integrate exhibits and architecture in unique and exciting ways. We are attracted to projects that promote discovery and create a sense of place, providing visitors with a memorable experience. CambridgeSeven and Children's Museums Our experience in architecture and exhibit design for family museums begins back 50 years ago, with our earliest, and ongoing, interactive exhibit and renovation work with the Boston Children's Museum in their historic restored warehouse. Since then, we have gone on to develop family and children's museum experiences around the world and the US, frequently in existing spaces like you have at the Paul A. Biane Library. We most recently finished the architecture and the exhibits for the Knock Knock Children's Museum, in Baton Rouge, LA. As might be guessed from the name, they have a central focus on reading and literacy, somewhat similar to your"Second Story"vision. Another related project on our boards is the kidSTREAM Children's Museum in Camarillo, CA, which will be the adaptive re-use of their existing Library. In the experience portion of our proposal we mention these and several additional relevant projects. CambridgeSeven Team We have assembled a consulting team specifically to address the issues you outlined for the Second Story. We have worked with all of them before. On the architectural side, and because of the important relationship with addressing the open stair and resolving the acoustical separation and absorption issues, we have asked Thornton Tomasetti to join our team. They ,renrbri<<,e Seven F ssoc,lua es,Inc; 1050 I\ e,[tvc;6rra,<,[[[;F v<•,rruc; Carnbil<tge.INAA 02138 1 1 617 492.iCJ00pvgbeb rI184qe oven corn Illlkmiriiiii q e Second Story and Beyond Proposal 3/24/2020 Page 2 are a well-known international firm, with offices in both Boston and Los Angeles, and will provide both structural and acoustical engineering. For both architectural and exhibit lighting we are proposing Abernathy Lighting Design, a woman-owned design firm that works frequently with us on exhibition projects. On the exhibit side, our media/AV consultant is Richard Lewis Media Group, currently working with us on several projects. In order to address your ticketing and operational issues ,we have asked Jonathan Burke to join. Jonathan is the Senior Vice-President of Operations at the Boston Museum of Science, has many years in the field and was our client for a major study of their ticketing process. For exhibit cost estimating we have asked Nassal exhibit fabricators to provide costing during the last months of the Schematic Design and Design Development phases. Nassal is now based in both Orlando and Los Angeles (after the purchase of Lexington Exhibits). We worked with them on a mobile exhibit called River Rover for The Friends of the LA River, and we have always been impressed with the quality of their fabrication work. They will provide a clear look at the fabrication market In Southern California. We have also added an architectural cost estimator to our team, Fennessy Consulting Services, with whom we have completed several projects including numerous renovations and remodels. CambridgeSeven Relevant Projects As requested, we have highlighted three of our many museums that, for a variety of reasons, we see as relevant to Second Story. All are family museums, one addresses reading, one is in an existing building, and we did the architecture work, in addition to the exhibit design, for the first two. They include the Knock Knock Children's Museum in Baton Rouge, LA, the Laonui Children's Discovery Museum in Hohhot, China, and "Our Rainbow World" at the existing Hawaii Children's Discovery Center in Honolulu, HI. We do love your ideas for a new kind of engagement integrated with your library, and the concept for experience platforms with rotating themes. There are certainly still challenges, and we would like to be part of the team that brings this all to fruition. Please contact us if you have any questions or clarifications. Sincerely, Peter Kuttner, FAIA Douglas Simpson Principal Associate Principal CambridgeSeven CambridgeSeven 1050 Massachusetts Avenue Cambridge, MA 02139 617-492-7000 x227 ,renrbri<<,e Seven F ssoc,lua es,Inc; 1050 I\Aa,[achu,cA[s Avenue.Carrrbri<tge.INAA 02138 1 1 617 492.iCJC'J0pvgbeb rI184 qe ovon corn Table of Contents Cover Letter 1 Executive Summary 1 2 Experience 5 3 Subcontractors 11 4 Proposal Response 18 Page 136 Cambr,m ilji Sevei ni r o 1 . Executive Summary , o Al ` 9 nnm 1 1 � f� pp il� ��iiI HIV iyypp} Ili pp� �ii u � r, r m yli'1 k r g h r, Uniquely Qualified As we've outlined in our ,cover letter,we firmly believe that CambridgeSeven is uniquely qualified to help bring Yourvision forSecond Cit to life.We bring the right combination of deep experience developing engaging, informal 1 learning experiences and solving architectural issues in away that enhances the visitor experience. Our firm is known for design excellence, crafting 'G2 immersive spaces that delight visitors.And we have a world-class team of -;�- i consultants. The followingsections outline our approach to this exciting pp g An Engaged Public Process We understand that the Rancho Cucamonga Library needs an exhibitdesign and an adaptive reuse renovation on the second floor and stairwell that satisfies your program needs and reflects your"Second Story and Beyond" goals and mission.At the same time,we are very aware that projects like this are community-based and dependent upon acceptance and support from members and patrons, and that the approval process needs to be transparent yet persuasive.Because CambridgeSeven has a wide range of building types in our portfolio,we have experience in managing the public process with projects that are frequently complex and of interest to the community.We have a particular strength in managing large workshops and building consensus with stakeholders and your larger community. ,p Collaboration . Our approach to museum projects is to collaborate closely with your staff and Board members in order to advance the building improvements and the exhibit experience together.Above all,we stress the need for al.j continuous exchange of ideas between the client and the project team and1,;,; a commitment to problem solving.Our design efforts also typically include coordination and planning of design presentations as a part of any fund- raising or community support efforts. . lip f�/ (/� � ,,,;�� / G �wu �� i upyi�r9kPII�IY�NiilUlu�tl �gnrlullf�NVIIViIh"INICM1Y�b6Ysltl� VN� �/ C�� �r i I��( wv �r�I�v�u� u�putrmYmnmavNbz«WIORI�AufvWVu�" „' ' e 's � w � m im � uumi uu ioioi i� �/ /ll� III � i rr-, � ✓A✓x�fi i' P aye, w�uu /f u a Page 138 aa7nbrfldgeSew ein 1 Foster Creative Growth We recognize that ambitious projects like "Second Story and Beyond," designed forchildren and families,have an additional developmental role in fostering the creative and intellectual growth of their visitors through participatory learning experiences. In this environment,children will be supported,respected,and inspired.Theywill be encouraged to understand relationships between stories and events or objects;to look for solutions in a wide range of sources, from books to experimentation; to think of many different ways of doing or using something; and to share ideas with the people around them.Intimate participatory experiences enhance communications,precipitate self-discovery,and maximize learning. Balance the Architecture and Exhibit Environment We plan and design the building modifications and the activity infrastructure around the exhibit concept,which you have begun, following the mission and experience that you have proposed for the"Second Story and Beyond" immersive environment. The architecture and the interior spaces of the existing library should adjust to support these dreams and aspirations.The image should be memorable to children and present itself as a recognizable concept.Distinct architectural treatments,eloquent forms,tactile materials, �> and a touch of whimsy will heighten the creative awareness of children and reassure their families. t% Once visitors enter the gallery platforms, the exhibits should fill the spaces 111�1011111112 r�Kk66b noel ae/G�l�l�A�' "/'1 � � 1 and be supported by the architecture.Because a family experience should not be a static entity,the flexible spaces you envision can accommodate �U ( changing exhibitions and programs,as you suggest in your program.We will balance the investment of first cost infrastructure with the savings that allow frequent theme and story changes.The museum should also be organized to provide a strong sense of orientation, so that children can become their own "pathfinders"throughout the exhibition spaces. J I 1h Y; d �r 6 r Page 139 z Self-Directed Exploration In an environment that intrigues and captivates them, children become active participants In discovery and exploration.The will o laces adults p p rY p Y g p hCIIII" CSSy going, yet energebc mightnot,and discover secrets often hidden from their elders.Quite often Calm " II"OII"Bioles C CCI" "b101na�S CII"CS"b architectural spaces are deliberately designed to programthe peoplewho W'�IC'� III ' . II"III resu � on o Of Hi u li use them.Adults may acceptor expect a deterministic architecture to tell them how to use and circulate through a building. Children, on the other "ii%OS"l uIin quC and C CiI"filling de§gns hand,will gain the most when they program the space—they enjoy the `a , II y OI" �IIII"��IIOIn, "few CSII"� options to control where they go and how they experience the visit. cor 1" SII"C "to "[I'iC II"�S'�:S C. II"� II"I�1 II II u,Ofli0uillliu�n Second Story and cii,eat�w�ityofCaiim loii idgeSeveiii We have been excited about your"Second Story"concept since we first SSOCIIStCS ...William('p";hir7^'r)F irwhaw, heard it, and enjoy the very appropriate name and the space you have available.We certainly applaud the focus on Literature and Reading thatyou Virginia Aquarium AdHrrne Science Center have used to integrate immersive interactives into the library experience. STORY and the BOOK also bring to mind wonderful images for a child's exploration of the world around them,and we would love to help you move this project BEYOND. Hall 0 ,y —NNE fr"�W H � ,r I Y d � 1 e s � � I I / Page 140 I !r it I Yy V J�j j 2. Ex erience 1� I v��yyiro-fv/Nyrr I YpIJ����/� ^ � r I�I uf,t�ww�a�: —"^^�,a��,i/o//% ( �� �:: � ✓ 14 i7% � t li NYtil�w11 I � 4�k°'h J a ,j ✓rr r ry�ul��WflajHFlrf�llr/i� � � � � �Yu ��j �' , Y b % ✓%/i�,ii ��1, Wb%T"sf�"�0' +,; ���y ;" ,,,` 1 �I i /� °iaYl�s.�;����d. ri// ✓ ' V,li �l f � � ,dl�ri�J" I1�i' I�i it� li ✓� �� � �,�;�' uuuuu /r%t '�i�v>i''✓/dj� ��� m r j �f d�, rd � r,/� L�' , �/ rr l r ���y�,�lf�� �i ( ��' .,%%� %' rd� ��%/ �IJ%�/ii °�'�flr�du/fr�'�r%✓✓�/�% :,. ,✓,":,%r/�m� r, � �� ,.. „mr.. �/,y, � �� / l l � vd�J � � it // ilo "� "�rr,`ii/�aflF� /��/� r� �W`�� ��� � � r�/���,✓rl N:✓f�i// /�r�� �`,/ �r�,,a�rwm�r/G/%,�f/r//�,�/y i�I� �� � ,�u �j4''9f%;�. �f��✓� fJ' �,✓l jb�l�i���/��'�/� "��j���-; //rtj/1Gai/�/,/i-, y i'� ��i7Y��"-0 1�yJ�/� �✓ �o��a J����� �uiim��l�uiuuuuuuiuuuuuuuuuuuuuuuuuiiiuil�t�I +I I�q �Y� � I I NSW ��91IIu�y��V ol�'II+ r , CambridgeSeven Background CarnbiJdgeSeven IIS S CCIIOC"bIC11n of CambridgeSeven was formed by seven architects,designers and artists bh1011"S and Drobbirn SCvOII"S Who who created a partnership borne of a sense of doing what's right, not only for their clients but for the public realm. The founders believed that their work "loge hCII", in CC111"1ceft, under collective power in bringing together their individual strengths was the key to Hie gUl Slnce of Is " II"IIII"1C1pa" s. "I approaching complex design challenges in architecture,exhibit and graphic design,planning,filmmaking and industrial design.This beliefwould rove to be the hallmark of CambridgeSeven. SClt.�"�IIC11ns "fII"C111"i�ii S II g p g g g p g O SII"II"SyC" Derspecbves andIlracbICOS, honed o. Today,CambridgeSeven continues to embody an integrated aesthetic.The decades of exper�ence firm is a collection of thinkers and problem solvers who work together, in concert,underthe guidance of its principals.It represents fresh,thoughtful design solutions from a wide array of perspectives and practices,honed by decades of experience in exhibit and architecture design together. Year Established: 1962 At its core, CambridgeSeven remains true to its original mission of a Services:Architecture, Graphic, Interior, principled practice committed to high-quality design teamwork that Exhibit,and Urban Design,Master Planning, improves the lives of the people who experience it,while enriching the built and Programming environment. Areas of Expertise: CambridgeSeven Museum and Exhibit Background Museums&Exhibits,Aquariums,Educational CambridgeSeven has been deeply involved in the exhibition and interpretive Facilities, Mixed-use Developments, world since our founding in 1962.The firm was established with the original Corporate Offices, Hospitality, Interiors, Retail, design of the New England Aquarium, designing the building and exhibits Transportation Facilities,Convention Centers together in a radically new immersive environment.NEAq established our and Arenas visitor-centered,family-oriented approach, and initiated the growth of the contemporary aquarium.CambridgeSeven followed with the design of the Number of Employees: US Pavilion at Expo'67 in Montreal, and since then we have gone on to Registered Architects:36 design exhibit experiences around the world. Designers: 8 Exhibit/Graphic Designers: 6 CambridgeSeven Experience with Children's Museums Administrative Staff: 12 CambridgeSeven's Children's Museum experience dates to our early work Total: 62 with Michael Spock back in the 1960's,as he and the original Boston Children's Museum team introduced the first"Please Touch"signs and Firm Structure: Private Corporation were beginning to define the meaning of participatory play in a museum setting. CambridgeSeven continued to work with them through the 1980's, Principals: when we helped them relocate into Museum Wharf,as they renovated and Gary Johnson,AIA-President transformed their historic warehouse on the waterfront. Patricia E. Intrieri,AIA Peter Kuttner, FAIA Most recently in 2008 CambridgeSeven completed their award-winning Timothy Mansfield,AIA LEED Gold expansion and renovation, and provided exhibit design for Yongjoo Kim,AIA "Bubbles,""Investigate,"and "Raceways,"as well as"Kids Commons." Stefanie Greenfield,AIA, LEED AP CambridgeSeven also designed "Five Friends from Japan,"one of the Adam Mitchell,AIA, LEED AP Freeman Foundation's first traveling grants,which we developed jointly with Marc Rogers, LEED AP the Boston Children's Museum and the Capital Children's Museum. Jose Silveira-COO/CFO Our experience with BCM has led to a broad range of children's museum exhibits. For the Brooklyn Children's Museum,we designed their signature exhibit entitled"World Brooklyn,"and provided both architectural interiors and coordination documentation services for all new exhibit galleries. Page 142 GanrillwWwSew eini 5 .+. rO r 1 I M 2M"4�• 1 Ip' if Jf I 1 � I J� s o �E �� „f9 r NJI, "��V III e M, As in Boston and Brooklyn, much of our work has involved adaptive re-use of other building types. In Arkansas,we renovated Little Rock's 19th-century �(r Union Station for the Children's Museum of Arkansas. We also provided architectural and exhibit design conceptual planning forthe adaptive re-use ry rLr � / of a 19th-century industrial building to house the 18,000 sf Junior Museum, a children's museum in Troy,New York. usuw vralm As we noted in the cover letter, recently in Baton Rouge we opened both architecture and exhibits for the new Knock Knock Children's Museum, which has been an immediate success.Similar to"Second Story,"Knock Knock integrates reading and literacy into the exhibit narrative,including a two story climber of books and a story tree gallery. Last year,for another ongoing client,we opened The Discovery Museums science children's center in Acton, in the Boston area. We provided the initial Master Plan, " fly Concept Planning,and finally the expansion and renovation architectural package, as we coordinated exhibits created by the client group. This past yearwe completed architectural services forour second phase of work at Port Discovery,Baltimore's children's museum.CambridgeSeven created the original Exhibit Master Plan and in Phase One improved the building infrastructure. In Phase Two our renovations created new visitor 1 services and exhibit opportunities. Designing for Change We appreciate your concern for keeping Second Story fresh through the use of permanent platforms and changeable themes. It's a great opportunity to feature beloved stories and characters. In our many of informal learning % u/rGr environment projects,CambridgeSeven has addressed similar challenges. We're currently designing traveling interpretive centers about climate change. Each is built on a platform of a modified shipping container, then individualized for the city where it will be displayed. The graphic skin and interpretive graphics will be changed out to reflect the climate change issues unique to that region. Page 143 6 1IIiro1im CC111"1cept dISCuSSbins "UhII"C1� g�h Our design for the World Alive exhibition at Discovery Place,in Charlotte, fnllna51 CS ,In NC,included a gallery devoted to showcasing the museum's natural history CS"t IIIS"tC.. II : . uu uIII work' collection in innovative ways.At one station,visitors solve a mystery which II I �II""' �"������� ��� �� C �"��II II"1�C11"Sx utilizes specimens from the museum's collection.Graphics,tools,and props geII"1C11"ous �Ith �I CSS, "LIIime and all easily change so the staff can regularly develop new mysteries. resources cll C"�IC Our in house"III"C111ii I II CCt tearn At the"Your Rainbow World"exhibit at the Hawaii Children's Discovery " "�IICII I" S"�IC11n I Center,we created elements so the exhibit could change with the seasons. and bhe Cx pCII"IICII"1CC"Uhey hdped CII"CS"tC Traditional window screens were created in each house to display back-lit IS S huge '"III"t wIth our vIISII"IC II"S." images of the same scene at different times of the year.Also, a fabricated tree and fence in the central courtyard were designed with attachment points Paul Pearson,xenio?,VPo f witorExp6 Ti61?c6 to hold props for seasonal celebrations. Current New Family and Children's Exhibits We are in the Design Development phphase for Port Wonder,a new entity comprised of two separate institutions.Here,we face a similar operational issue combining a limited access children's museum sharing a lobby with a i nature center, managed by one front desk. We are also on the boards with the kidSTREAM Children's Museum in Camarillo, CA, in your neck of the woods. They,too, focus on literacy and 7,y'r reading and have added the"R"to STEAM to drive the point home.They are in a similar physical situation to Second Story,as we are adapting an existing town library, and we are renovating the infrastructure along with designing the exhibits. In New York we are designing "Water Worlds"for the Rochester Museum &Science Center, in a second floor space, as an exhibit roughly your size.Across the country in Florida we are designing a 2,000 sf expansion gallery and exhibits for the"Dalton Discovery Center,"which is a 4,000 sf iipNll�w'i" exhibition in an existing building we planned and designed for the Naples �1 Nature Center in 2011. CambridgeSeven International Children's Experience Overseas,CambridgeSeven has found educators looking to the US for new models of early childhood engagement. In Kuwait we created The Scientific Center,a museum with the Middle East's first Discovery Place Children's Museum,for which we provided the full architectural and exhibit design. In Korea, CambridgeSeven designed all the exhibits for Korea's first new Gyeonggi Children's Museum,which opened in 2010 just outside Seoul.This pastyearwe consulted on renovations and new exhibits forthe Children's Cultural Center Experience Gallery, located in Gwangju, Korea. r Also in Asia, CambridgeSeven has completed both the new building architecture and the exhibit design for the 250,000 sf Laonui Children's Discovery Museum in Hohhot, Inner Mongolia,China.The largest children's museum in China,it has a wing forearly childhood focused on development and cultural"Exploration,"and a second wing for older children with a STEM "Investigation"theme. The museum opened Phase 1 in2018. rA g r , Page 144 CambridgeSeven Expertise in Museum Ticketing In our 58 years of museum design and planning experience, � Ir CambridgeSeven has become quite involved in operational and visitor services issues with our clients,particularly in regards to ticketing and way-finding.As we noted earlier,you have a unique ticketing situation,with �ru multiple visitor sales points,and the hybrid approach with your circulation desk and kiosks bears further analysis.We would also Zook closely at the interface between the free zone and the paid zone. For the past several years Jonathan Burke,the Senior Vice-President of Visitor Experience and Operations at the Boston Museum of Science, worked with us on their front desk box office redesign,followed by an MOS wayfinding study,and finally a complete lobby redesign.In his many years running a major museum Jonathan has been in contact with many ticketing vendors,as well as various kiosk approaches He even has a patent on � � a hand-stamping device for ticketed re-entries.Our final design at MOS loJ included ticketing stations that can convert to self-service kiosks. r For many of our renovation clients, and for all of our new museums,we address ticketing. For the Museum of Discovery &Science in Fort Lauderdale, FL, our first phase was the introduction of a freestanding separate ticketing booth and new data system.At Discovery Place, the science center in Charlotte,NC,we relocated the front desk to another floor and end of the building,based on new circulation patterns.For the Boston �� Children's Museum we created ticket and Information desks that were he new L Museum of CIICInceC movable and easily relocated. SpSCCs are II`nSgnII°hCCInl and ... hugesuCCCssU� ....Wayine d,(:;CC, ` u seu irn o':&Jenu s II post on �i of f r 10 a Page 145 a CambridgeSeven Expertise in Existing Buildings i )� �mdmViuuiiioio There are unique challenges associated with renovations of existing buildings and integrating exhibit and operational museum needs.Many of N the museums noted above were adaptive reuses of other building types. As noted earlier,the original Boston Children's Museum on Museum Wharf was the reuse of an 1894 wool warehouse on the waterfront,and we adapted Union Station for the Children's Museum of Arkansas. �k�r, Other projects,such as Baltimore's Port Discovery was first an adaptive reuse of the City's historic seafood market, and now an expansion of the f r 1 children's museum. Some, such as the Brooklyn Children's Museum 1 and The Discovery Museums in Acton,are both expansions of buildings J designed originally as museums, but needing to meet new demands. �r CambridgeSeven has dealtwith these issues in multiple museum types such as art museums, science centers and aquariums. Our design for the San ` Antonio Museum of Art required the adaptive re-use of an existing Lone Star brewery, modifying existing dramatic spaces. ' CambridgeSeven Specific Examples As you requested more detail on three specific projects of the many we listed above,we have attached additional sheets for the three recent projects we see as more relevant to"Second Story,"for a variety of reasons.Our Knock Knock Children's Museum in Baton Rouge is included because it is an exciting new museum with the focus on literacy and reading,and where we did both architecture and exhibits. While far larger,the Laonui Children's Discovery Museum in Hohhot, China,is anothergood example of integrating both architecture and exhibits to the benefit of both. Here we literally have"platforms,"suspended in the space for each exhibit story. Finally, "Your Rainbow World"at the existing Hawaii Children's Discovery Center in Honolulu is like Second Story,a comparable sizer project,similarly in an existing gallery space,with six exhibit stories to tell about diversity and inclusion. ��� y yr ' if '0 I , Page 146 wwmbw•flda eSew ein 9 r r r d4 �� SI m in i r r i i u d v � ' jA '%s � ,,,, "y_ 9 ti Structural and Acoustic Engineering Thornton Toimasetfl� Structural Engineering Solutions Thornton Tomasetti works flexibly with its clients to propose,study,and develop structural framing system alternatives for each project that meet their unique project criteria.The firm's integrated approach to developing the i0piii ° ioi optimal structure considers not only material quantities,but also the ro ect's w ' 01 economic, functional, and aesthetic needs. TT's Alteration and Renovation services range from supporting programs for tenant or owner modification and upgrades,to full gut-renovations,modernization or adaptive re-use.TT develops solutions that involve seismic upgrade,structural reinforcement for support of an expansion or change in use,and strengthening for blast force resistance.Thornton Tomasetti has expertise in historic and vintage structural systems,applying theirextensive knowledge of the behaviorof construction systems to arrive at smart solutions. Architectural Acoustics, Noise&Vibration Control In Structural Engineering Thornton Tomasetti provides analysis and design to control and balance the competing needs of acoustic, noise and vibration functions for new buildings and renovations.The firm also offers advanced techniques for footfall- induced vibration prediction that use finite-element modeling to generate multimodal time-history predictions. In order to assess the likelihood and ' %1��� severity of vibrational issues,TT's engineers measure and analyze the structural vibration characteristics of anything from a small piece of rotating Y �, a machinery to an entire building. Library Experience Thornton Tomasetti is at the forefront of engineering community and r cultural facilities that accommodate the shifting needs of institutions and the people they serve.Its experience includes libraries,community centers, museums and museum installations, performing arts centers, aquariums and monuments in both the private and public sector.Thornton Tomasetti designs libraries and theater facilities with the capacity to evolve with programming,with adaptable spaces that permit the easy flow of people and ideas,as well as protected sections that maintain climatic and preservation ' controls,when needed. Collaborating with the world's leading architects, Thornton Tomasetti engineers economical structural systemsformemorableo. 1 and vibrant community spaces throughout the nation. `�� • Worcester Public Library, Renovation and Addition, Worcester,MA. 1 � • Woburn Public Library, Renovation and Addition, Woburn, MA. • Newton Public Library, Newton, MA. • City of San Francisco, San Francisco Main Library,San Francisco,CA. p,t • Louisiana Children's Museum at City Park, New Orleans, LA. t ; • National Children's Museum, Phase One, National Harbor,MD. • Children's Museum of Manhattan, Expansion, New York, NY. • Discovery Science Center of Los Angeles, Renovation, Los Angeles,CA. Page 148 References For Michael T. Billings, P.E., S.E. For Michael J. Wesolowsky, PH.D., P.ENG. Peter Beven George Cotaras NSAA, FRAIC Director, Construction &Development Architect,President&General Manager S3 Hotel Group FBM phone: (949)430 1604 HS1-1660 Hollis Street, Halifax NS B3J 1V7 email: pbeven@s3hotelgroup.com Canada Project: phone: 902.429.4100 x 121 • Hampton Inn Lake Forest email: cotaras@fbm.ca Project: Brian Ten,AIA, LEED AP BD+C, CASP Halifax Library,Queen's Marque Halifax,CBC Principal Consolidated Studios Halifax Carde Ten I Architects 5855 Green Valley Circle,Suite 301 Jeffrey Welter, LEED AP BD+C Culver City,California 90230 Practice Leader, Managing Principal phone: 310.453.4427 x 22 Perkins and Will email: brian@cardeten.com 1250 24th Street, NW, Suite 800, Washington, Project: DC 20037 • Cal State Fullerton Childrens Center phone: 202.624.8324 m 240.506.4371 email: Jeffrey.Welter@perkinswill.com Nathan Herrero,AIA, LEED AP BD+C Project: Principal National Cancer Institute's(NCI)Cell SVAArchitects, Inc.I Santa Ana+Oakland+San Processing Modular Facility Diego+ Honolulu 2335 Broadway#301,Oakland,California 94612 Jonathan Hughes, OAA,AAPEI, LEED AP phone: 510.267.3180 Executive Vice President-Eastern Canada email: NHerrero@sva-architects.com Norr Project: 175 Bloor St. East, North Tower, 15th Floor, • Hermosa North Elementary Toronto, Ontario M4W 3R8 phone: 416 944 7837 email: Jonathan.Hughes@norr.com Project: • Department of National Defence HQ Ottawa, Brampton Courthouse, Thunder Bay Correctional Complex Page 149 12 Lighting Design Abernathy Lgtmliitng Deslign, Nana References 166 Valley Street Ron Bunt Bldg. 6M, Suite 103 Executive Director of Productions Providence, RI 02909 Jack Rouse Associates 1014 Vine Street Abernathy Lighting Design, Inc. is a full-service lighting design firm that Cincinnati, Ohio 45202 collaborates with architects, landscape designers, engineers, interior phone: 513.381.0055 designers, and exhibit designers to visualize and create the lighted fax: 513.381.2691 environment.This firm,founded in 2001,focuses on lighting designs for both Projects: interior and exterior architecture. • Beijing Children's Museum, China • Peoria Playhouse, Illinois Abernathy Lighting Design services include layout and equipment • The Mascot Hall of Fame,Indiana specification, custom fixture design, lighting control concepts and specifications, illumination calculations, utility incentives coordination,energy Chris Ladds analyses and equipment focusing. Their design process is supported with LLB Architects computer aided drafting and analysis, mock-ups, presentation media and Lerner Ladds + Bartels other visual tools to facilitate the communication of lighting concepts. 161 Exchange St. Abernathy Lighting Design employs both Lighting Certified(LC)and LEED Pawtucket, RI 02860 Accredited Professional (LEED AP)Designers. phone: 401-421-7715 Projects: ALD is certified as a Woman Owned Business(WBE)in the States of Rhode • Gaige Hall-Rhode Island College,Rhode Island, Massachusetts, and the US Federal MWBEprogram. Island • Craig Lee Hall-Rhode Island College,Rhode Abernathy Lighting Design,Inc.is certified by the National Women's Island Business Enterprise. Kevin Callis ALD is also a recognized federal Disadvantaged Business Enterprise(DBE). Senior Project Manager The MBE/DBE-Minority Business Certification Number is MBCN 1077. Haley Sharpe Design 11-15 Guidhall Lane Leicester LE1 5FQ UK phone: +44 (0)116 251 8555 fax: +44(0)116 242 9081 Projects: • American Enterprise Gallery-National Museum of American History,Washington DC • National Air and Space Museum,Washington DC Page 150 s�mml�„m°M1ii� w u:'ioo 13 Exhibit Cost Estimating aaaalll References 12660 Branford Street Janel L. Gillimore Los Angeles, CA 91331 Executive Director State Historic Preservation Officer Since 1984,Nassal has been one of the largest leading specialty scenic Idaho State Historical Society fabricators, focusing on fabrication for theme parks, attractions, zoos, 2205 Old Penitentiary Road aquariums, museums,and other immersive environments globally. Boise, ID 83712 Headquartered in Orlando,FL and with Pre-construction and Fabrication pheon: 208.334.4655 facilities in both Orlando and Los Angeles. email:janet.gallimore@ishs.idaho.gov Projects: NASSAL'S CORE SELF-PERFORM CAPABILITIES INCLUDE: Idaho State Historical Museum • Pre-construction services, Real-Time Estimating and Constructability Reviews Michale Shanklin • Technical Design: 3D Modeling,AutoCAD and Engineering Founding Executive Director • Graphics:Pre-Production,Production Management and Production kidSTREAM Children's Museum providing all the latest Materials and Output Formats 5235 Mission Oaks Blvd. Suite 356 • Project Management/Construction Coordination Camarillo, CA 93012 • Material Specification:Extensive Samples Libraryand Materials/Finishes phone: 805.419.3545 Department email: michael.shankilin@kidstream.org • Mockups and Testing,Visitor Evaluation, Interactive Prototyping Projects: • Fabrication:Automated Carpentry Equipment/Metal Equipment/Digital Kids pace Childrens Museum Hawk's Nest and Milling and Cutting Machines/Hand and Machine Sculpting and Forming Flood &Erosion Plain • Metal Fabrication: Capability to work in structural and all ornamental metals including milling,forming,welding,joining and finishing,including Emily Howard complex mechanical assemblies Vice President • Comprehensive development and Production of Exhibit Interactives PGAV Destinations • Expert A/V and Control Systems Integration 200 N. Broadway, Suite 1000 • Comprehensive Finishing Shop forArchitectural and Scenic Finisheson St. Louis, MO63102 All Materials phone: 314.231.7318 • Logistics and Installation email: emily.howard@pgay.com Projects: More information can be found on ourwebsite:https://companiesofnassal. • Space Shuttle Atlantis com/about-us/ • Missisippi Aquarium • St. Louis Aquarium Our Los Angeles based team will utilize theirexperience in fabrication and construction methodology to develop cost estimates and construction feasibility documentation to assist the Cambridge 7 and owner's teams throughout the design process.Our team's decades of experience will help inform the design as the Project Team balances creative intent, budget, schedule, durability and budget goals. Page 151 14 Architecture Cost Estimating Fennessy r sWfiiing Seiry ferences 27 Glen Street,Suite 8 Mark Leighton Stoughton, MA02072 Director of Facilities Management Phillipd Exeter Academy Fennessy Consulting Services is a provider of cost management and project 20 Main Street management support services for both owners and designers. The firm of Exeter, NH 03833 four staff was established by Seamus and Pauline Fennessy in 2012. phone: 603.777.4529 email: mleighton@exeter.edu The age of Fennessy Consulting Services is not indicative of the experience Projects: level of the firm. Mr.Fennessy has been providing comprehensive multiple projects construction consulting and related services out of the Boston area since 1993. In his recent past he has managed the cost management department Adler Bernadin for one competitor and has opened an office established a strong presence Director of Work Management in this region for another. Northeastern University Cullinane Hall Seamus Fennessyand Fennessy Consulting Services have been providing 288 St. Bolotoph Street cost planning and project management support services to owners, Boston, MA 02115 architects,engineers,government agencies and institutions across 43 states phone: 617.373.2754 and in 16 countries across the world while working in the Boston area. email: a.bernadin@neu.edu Projects: More specifically we provide: • multiple projects • Credible cost models and projections based on research,benchmarking and the local construction economy and most importantly appropriate Ram Venkat design solutions for all building elements in all facility types. Senior Project Manager • Knowledge.....integrated and deeply understood knowledge attuned to Cornell University project goals and relationships to minimize risk,to seize opportunity.To 102 Humphreys Service Building build well. Ithaca, NY 14853-3701 • Control.....knowledge requires application and we provide the tools and phone: 607.255.1769 processes that integrate cost, schedule, quality,sustainability and risk email: rv93@cornell.edu across all project phases and all project participants.The more you know, Projects: the more you're in control. New Multi-Disciplinary Building • Enhanced project management support capability coordinating and controlling schedule and quality along with cost.Resources,constraints and how to manage them. • A charting of the life cycle of your building thatencompasses sustainable design consultancy and specification,costeffective installation planning, coordinated systems performance and projected maintenance expenses versus energy savings. Our experience is captured in all facility types. We have provided cost consulting and management services on all types of construction on projects ranging in size from$100,000 to $460MM and in fact have worked on projects exceeding$213illion.The services have been provided for projects as straight forward as office renovations and as complex as scientific cleanrooms and as large as mixed-use city redevelopments.A significant portion of our work includes master plans and early stage/conceptual stage work. Our strength lies in our diverse portfolio,shear number of projects and exposure to costs submitted by contractors.Much of this portfolio includes museums and visitor destination projects.We have also completed services on over 100 projects with CambridgeSeven. Page 152 s�mmlll„m°M1ii� e.wdu:.ioo� 15 Media and AV 70 Coolidge Hill Road Mike Lawrence Watertown, Massachusetts Chief of Design, Office of Exhibits 02472 Smithsonian National MuseumofNatural History Washington, DC The Richard Lewis Media Group(RLMG)is recognized as a world leader email:lawrencem@si.edu in the design and production of media programs for museums and visitor phone: 202-633-1156 centers.The company was founded by Richard Lewis,who has served as Project: Principal for more than 250 media projects with a budgeted value of more David H.Koch Hall of Fossils:Deep Time than$100 million.RLMG's experience,creativity,and project management Exhibit skills have made the company a valuable partner for many of North America's leading museums,architects,and exhibition design firms. Amanda Meeker Executive Director RLMG hasdevelopedan extraordinary range of creative media solutions for The California Museum museums and visitorcenters:immersive video and multimedia experiences, Sacramento, California interactive multimedia, displays with gestural and biometric interfaces, email:ameeker@californiamuseum.org database--driven digital mediaandsocial media experiences that engage phone: 916-653-0399 audiences across North America and around theworld. Project: • Health Happens Here Exhibit RLMG brings an extraordinarily diverse set of skills to any project. On one side the team is comprised of storytellers,technologists,innovators,artists Mike Spiewak and dreamers;simultaneously they are schedulers,beancounters,managers Vice President of Exhibitions and doers. RLMG brings these left brain/right brain capabilities together as Perot Museum of Nature and Science they work,creating amazing,unexpected,vivid and delightful programs and Dallas,Texas then delivering them on time and on budget. email: mike.spiewak@perotmuseum.org phone: 214-756-5860 RLMG currently employs 40highlyqualified and experienced staff members, Project: focused exclusively on the design and development of interactive media Being Human Exhibit installations for museum and other public institutions.Their 15,000 square- foot studio in Watertown, MA, includes space for media exhibit design, production and prototyping. RLMG's recent and current clients include a wide range of leading institutions:the Smithsonian Institution's National Museum of Natural History and National Museum of African American History and Culture;the National Law Enforcement Museum; the Museum of Fine Arts, Boston; and major science museum projects in Denver, Dallas, Cleveland, San Jose and Sacramento. RLMG's media programs have won a host of major awards. RLMG won the AAM Gold Muse Award for Interpretive Interactive Installation at the Tech Museum in San Jose;in the last three years RLMG haswon five more AAM Muse Awards in five different categories. RLMG's networked media experience in Health Happens Here at the California Museumwon the AAM Excellence in Exhibition Award for Special Distinction in Messaging and Engagement;and a digital media installation on the campus of Northeastern University received a SEGD MeritAward. Page 153 16 a 4. Proposal Response a I � sl , i I 'r/ i rr/ ul 3 f � invrnryo�y� mrmimu�amvwriwurW u � / r tl ..I OR ;,;%� raa/Wig lt,'4urv',m^ffJJJ/'%rrld4 1`� YOD✓�n9',� /�i!�0��, I !lJ r fly 1 - Budget Allocation How would you recommend we allocate the available budget of 3.55M among the following items? Our proposed budget allocation line items can be found in the Planet Bid system.The project has many parts and varying one assumption impacts all the others. In a typical approach we would start with the shell and core,and then move on to the"Second Story"exhibit experience. Of course, once done, we would assess the various components and return to each assumption, iterating until the team is comfortable with the budget allocations. Tenant li mpirovemen It is difficult to estimate the Tenant Improvement Package without a better understanding of the existing building and its systems.At this point in time we allocated an amount that would cover the basic architectural improvements for the space and the base building exhibit infrastructure, such as flexible power and data locations, partial partitions, and raised floor area,as seen in the renderings.We assume new wall finishes,flooring,and possible ceiling modifications. Sound Attenuaflon, Speeliiellliy diiigh iiiing, "fliieketl ing For the sound attenuation from the second level to the Library, we can only assume the estimate in the RFP until we know more. It may need to include new flooring with absorptive noise isolation,acoustical treatment for the windows to the atrium,and possible enclosure of the stairwell at the first or second level.We expect there will also be specialty lighting for both architecture and exhibits. Deeliign Fees Please see the line items in Planet Bids. dxKiidliii Dllleifoirirme Please see the line items in Planet Bids forthe estimate ofthe six main exhibit platforms, each 917 sf. y"liigpt Budget This is a very tight budget, depending on the degree of mechanical interactives and digital media envisioned. For exhibits alone we see costs ranging from $300/sf for a simple children's museum, to $800/sf, depending on how immersive the exhibit space becomes. We see highly interactive science centers are costing over$1,000/sf.The concept of frequent story theme changes is an exciting one, and the trick will be to balance the investment in the fixed elements with the ongoing investment in new story themes and books. Ballam61ng Act Moving forward,the budget will need to be balanced so that enough is invested in the fixed exhibit infrastructure,which needs to be dramatic yet durable and flexible, sufficient funds reserved for multiple exhibit themes and individual stories.Too much money banked forfuture themes will limit the scope and quality ofthe base exhibit platforms,while too little invested in the theming may increase the risk that future changes may lack a significant impact.During design we will focus specifically on how theming flexibility will have the greatest impact for the least cost.Of course,we would also look to simplify the tenant improvement package,and to search for an effective way to better contain sound and to deal with big budget items. Page 155 18 2 - Pros & Cons of Three and Two Themes For the main exhibit platforms, what are the pros and cons of fabricating 3 themes at once, vs. only 2? As noted previously,the more themes that are designed,fabricated and stored in advance, the less budget there will be remaining for the durable permanent components. To make the permanent portion both unbreakable and adjustable is usually a bit more expensive, so eliminating 6 Platform overlays for a third theme releases more funds for a better base fabrication. Of course,the cost for the next theme is always just further down the road, but at some point operations income needs to pick up the costs of subsequent themes. This will be less of an issue if the flexible theming solution is simpler and less is required and budgeted. If the theming approach strategy focuses more on print, posters,vinyl graphics, media projections, book covers, graphics, and simple store-bought props and rather than new interactives or 3D fabrication, the cost can be limited, more themes can be pre- fabricated,and even library staff may be able to do the installation.The risk is still determining how much theming change is required to create a dramatic sense of the"new"and to drive return visits. Another cost consideration associated with changeable themes based on story books is copyright expenses. For example, we worked on some concept designs for The Boston Children's Museum for an exhibitthemed around Curious George. Ultimately,this project died when the museum learned the copyright expenses were exorbitant.It sounds like Second Story will be a ticketed experience,and some copyright holders may expect fees based on this use. So this adds another layer of both staff time and expense as these terms are negotiated. We do not assume there is a major cost savings, or economy of scale, in doing multiple themes at once, rather than one after another. In fact,the fabricator will most likely focus on the opening theme materials in the fabrication schedule's critical path,followed by the non- critical later themes.The design should be based on simple-to-mobilize components, so that themes 4 and on are economical. There are a few other exhibit considerations regarding fabricating in advance. If new technology is involved, it changes rapidly.Frequent changes can also be disruptive,and lost revenues during frequent downtimes should be considered. A simpler theming approach that primarily utilizes graphics would, of course, have shorter installation periods. Most of our clients have settled at about six months for a changing exhibit gallery lifespan,so timing should also be considered. 3 - Involving Exhibit Fabricators At what point do you suggest we involve exhibit fabricators in the process?Why? We are strong proponents of bringing the fabricator into the process early, as a materials and methods resource for design, scheduling, and prototype fabrication. We have jumped the gun and have included Nassal on our team,specifically for costing at the latter parts of the Schematic Design and Design Development phases.(We have also include Seamus Fennessy Consulting for pricing the architectural work.) They could be contracted as a fabricator as well,for pre-design services through a separate contract with the owner.The fabricator's input on separating the core permanent structure from the changeable themes will be an extra challenge, and they may have valuable contributions. Page 156 Cambre,Wcjc Seveum 19 4 - Involving an Acoustic Engineer At what point do you suggest we involve an acoustic JJ engineer?Why? f� We propose to involve Thornton Tomasetti's acoustic engineering ' s team at the outset of work.To understand the Library's situation,they would need to be on the job initially to evaluate the severity of the O existing building's sound transmission conditions.Theywould look at the existing stairwell,the sound transmission ofthe floors,walls,and windows intothe inneratrium,aswellas existing absorptive surfaces. We would also engage Thornton Tomasetti in the Schematic Design phase to help us determine the realistic solutions for acoustic interventions early, so we can integrate them into the architectural and exhibits work. We want to avoid noise reductions added at the end as "band-aid" solutions. �>>r Since the assumed problem is sound migration from the Second Story to the Library below,the stairwell looks problematic from what a, little we know.If the response needs to be enclosing the stairwell at either the lower level o within the Second Story,we need to make that determination early,for both space planning and budget reasons.' „ New absorptive surfaces in the Second Story will help greatly and will need to be considered at the beginning. Isolation flooring may be advisable, and some partitions may need to be enhanced to further reduce sound transmission. It may also be true that not all �l interventions will necessarily be in the upper level exhibit space,and that some work may need to take place on the first floor underneath the renovation area. Because noise is such a concern,we need to address it early. 5 - Risks & Opportunities What do you think are the risks and opportunities of the approach to build permanent structures and have changeable themes which can be added on to them? We think it is a great idea to organize the new Second Story experience around a strategy of built-in change.The goal that"it needs to stay fresh" is certainly important for encouraging return visits and maintaining an ongoing affair with books. The idea of overall themes associated with multiple books is a terrific armature for the proposed new gallery.Variety is built-in,there are many genres of books to mine for themes,and the books themselves are already alive in people's minds. As we noted in the first question, the biggest concern is how to balance the budget. Sufficient budget must be invested in the permanent exhibit infrastructure to be distinctive and to hold up under the repeated use but families and kids,and yet still be flexible in how it comes apart and goes back together.At the same time, it needs to be easily accessible for change, to accommodate your multiple exhibit themes and individual stories. As we said earlier,the design process will focus specifically on how we balance your budget and the theming strategy.You need fun,robust,sturdy,and flexible Platforms,along with simple theme modifications thatwill be transformative and dramatic,yet simple and cost effective. Page 157 20 6 - Proposed Schedule What is your proposed process and schedule for completing this project? Please include regular meetings and deliverables for each phase. Describe what kind of meetings you suggest (e.g. in person, phone, Skype, GoToMeetings or similar format, other types). The timeline outlined on the following pages lists seven steps from the award of the Second Story and Beyond exhibit design contract in late May 2020 through to the exhibit opening in November 2021.Although the time allotments within the 17-month time frame are somewhat malleable,we have described our reasoning below.We are also assuming that the Second Story team will quickly approve design submittals. 1 Contract Awaiird According to Amendment No. 001 of the RFP,design contractwill be awarded and signed in late May or early June 2020. For purposes of the schedule, we are assuming that the contract will be executed before the first of July. 2 Scheirmetic Deslign During this two-month design phase, our team will meet with the Second Story team in person and via go-to-meeting as we develop the exhibits concepts and schematic design. After the in-person kick-off meeting, we plan to hold bi-weekly calls to discuss alternatives and progress.We will also hold an on-line presentation at that 50% point of the process.Our exhibit and architectural cost estimators will start reviewing our documents one month prior to the end of this phase, so that we will have costs available by the time we complete this phase of work.At that point,we will hold a second on-line presentation when we will present ourdeliverables,including floor plans,typical elevations,suggested interactions,a schematic description of the exhibits, six rendered views, estimates of probable costs, as well as the deliverables listed in section 4.5.1 of the RFP. J Deslign Develllopi meat During this four-month phase,the design team will develop the exhibits to a higher level of detail,solve specific design issues,incorporate any changes necessitated by code issues, and address any budget or program problems identified at the end of the Schematic Design phase. Exhibits needing prototyping will be identified during this phase. We will continue holding bi-weekly phone calls with the core team,and we propose to meet in person at the 50%point to share our progress.Again,we will ask our cost estimators to review and cost our documents approximately one month prior to the end of this phase, so that we will have the cost estimates by the time DD is complete. At the end of this phase, we will meet again in person when we will present the DD deliverables,which include detailed plans,elevations,and sections of the exhibit,as well as activity descriptions,AVdescriptions,six rendered views,a preliminary graphics package illustrating the graphic standards of the project,cost estimates,as well as the deliverables listed in section 4.5.2 of the RFP. 4 Cometirmetliiom Documents During this two-month phase,our team will package the completed designs and specifications into a two packages that can be sent out to bid.We plan to maintain our bi-weekly phone call schedule, and we will submit a digital version of the CD package at the end of the phase. gotla Biome uir'm:.g em e The design team will be available during this two-month period to help prepare a list of qualified bidders, respond to questions from bidders and assist the Second Story Team in evaluating bids. Page 158 Cambr,Wiljc Seveum 21 5 px mliip I Fapurliicatliion The current schedule suggests seven months for fabrication and installation. During this phase,the design team will respond to RFls,review shop drawings,samples,and submittals, and prepare sketches and approve substitutions, as needed. We have shown three shop visits during the fabrication period. CambridgeSeven will accompany the Second Story Team on these visits.We will also be on site to prepare punch lists and observe any visitor problems with the exhibits.And we will continue to advise the Second Story team during the first year of operations. 7 tpei°fling As specified in the RFP documents,we have listed November 2021 as the month that the exhibit officially opens to the public.The fabricator may possibly overlap the opening month with training and testing activities, depending on the complexity of the exhibits. 2020 2021 A M J J A S O N D J F M A M J J A S O N D 1 Contract Award Late May 2 Schematic Design 2 months Bi-weekly Go-to-Meeting Calls 50%Progress Video Presentation Cost Estimating 100%Schematic Design Presentation 3 Design Development 4 months Bi-weekly Go-to-Meeting Calls 50%Progress Video Presentation Cost Estimating 100%Design Development Presentation 4 Construction Documents 2 months Bi-weekly Go-to-Meeting Calls +104 100%CD Submission 5 Bidding&Negotiations 2 months 6 Exhibit Fabrication 7months Fabrication Shop Visits 3 visits Exhibit Installation&Testing 2 months 7 Opening Nov.2021 Page 159 22 7 - Methods & Tools for Staying on Budget What methods and tools do you use to ensure a project will stay on or under budget from design through opening? Do you employ outside estimators or get preconstruction input from fabricators? Cost Co mtir6l Ourteam has awealth of experience in the design and construction of exhibits,with numerous museums and public attractions in sites as far distant as Kuwait and China.We have been successful in controlling the design and construction process from initial master planning through permitting and opening day ceremonies. We work to budget and schedule, often working towards well-publicized opening days that must be held at all costs. CambridgeSeven's cost control process is an integral partofourdesign process.Ourteamwill work with the Library as well as its Owner Representatives to ensure that costs and budget goals are clearly evaluated and agreed upon before the actual design process begins. During design, cost estimates for the exhibits will be prepared by Nassal, the independent fabricator on our team. The pricing estimates for the architectural interventions will be prepared by Fennessy Consulting Services, a cost consultant we've been working with for decades.We have scheduled a time for estimating at the end of the Schematic Design and Design Development phases. Designs will be modifed to bring them into compliance with the budget parameters. Frequent value engineering and costing at early design stages allow close control of the variables that affect schedules and costs. More importantly, these exercises allow us to present you with options at an early point in the process,where trade-offs and modifications can be made in a timely and less economically compromised fashion. A common cost controlling element to all CambridgeSeven projects is the management team of the entire firm. CambridgeSeven's project managers meet with the firm's president and CFO on a bi-weekly schedule,where workloads, staffing needs,and budget and scheduling concerns are discussed. Here,staffing needs are negotiated among teams,advice is given to those in need, and the management experience of a 58-year-old architecture and exhibit design firm provides an underlying foundation rarely found in other design firms. 8 - Prototype Development Please tell us how you would handle the prototype development and review process. Include your approaches on prototyping for visitor comprehension (including comprehension of directions or systems, such as allocating space for ticketing and queuing)and for durability. Prototyping is critical to a successful exhibition project and an integral part of our design development process.We identify early those exhibits which require prototyping,which is especially important when we're trying out new ideas. For proof of concept prototyping, we may begin with simple mock-ups built in our office. We like to tinker and we have a full model-building shop at CambridgeSeven, including a laser cutter, a 3D printer, and a larger format inkjet printer. As an example of the kinds of prototyping we do in-house,we thought some interesting effects could be achieved by both Page 160 Cambr,m ilji Sevei ni 23 printing and laser cutting scrim fabric, so we were able to mock-up samples using our in-house equipment.With intricate cut patterns, they came out wonderfully and we used this technique to create a forest of trees for the Laonui Children's Discovery Museum in Hohhot. We specify in our exhibition bid documents which exhibits will require prototyping and outline the specific testing intent. This insures the p yp g p p extent of rotot In Is full understood b the exhibit fabricator and incorporated into their scope of work. If possible, we would like to have these prototypes delivered to the Rancho Cucamonga Library for testing with your audience. If this is not possible, we would r � perform the testing at the fabricator's site. Children are given no instructions but invited to use the interactives.CambridgeSeven,the Second Story Exhibit Team, and the fabricator, all closely observe and document where changes are required.Afterwards,changes are � iffilir incorporated, and the testing is redone until we are all satisfied withthe exhibit's performance. During testing, we're concerned with questions like these: • Do children understand how to use the interactive?Is it intuitive eenough so no of contowteen directions are re uired?ls p• Are challenges calibrated correctly for the target audience?• Does the exhibit respond appropriately to visitor's actions and give the needed feedback? �,,... . • Are there any safety concerns? Prototyping for Knock Knock Children's Museum • Are the sizes and heights appropriate for the target audience? • Are principles of Universal Design and accessibility incorporated? • Will it be durable given the demanding use it will receive? • Can it be made better? For design questions relating to space allocation, in addition to using CAD layout tools and computer-generated renderings,we can also make full size 3D cardboard mock-ups in your actual Second Story space to visualize the layout for the ticketing and queuing. 9 - Budget & Team Organization CwnbirliMgeSeven Team As shown in the proposed Second Story and Beyond organizational chart,CambridgeSeven has assembled team with experienced people in both exhibit and architectural design, particularly for children's museums. Douglas Simpson, LEED AP BD+C will be the Principal-in-Charge, and Penny Sander will be the Project Manager. Penny will be the day- to-day contact with the core team. Douglas Falndro, LEED AP BD+C, ID+C will be the exhibit designer. Peter Kuttner FAIA will be be the Design Principal and Paul Herbert AIA will manage the architectural team. Their resumes follow. Deslign Conamllltants Our consulting team includes designers and engineers specifically for their background and Page 161 24 our ability to focus on the issues you outlined in this RFP for the ullllllll�lgp�� ��� NN ����dp����pl��p��J puuu p a ���)�� �I Second Story and working with al of m in d the pasta and on museum and exhibit- related me time,we have r ���IIIII�II�������� projects. For both architectural and exhibit lighting we are proposing Abernathy Lighting Design.Abernathy is a Woman-owned design firm,and has experience working frequently with us,most recently on the Laonui Children's Discovery Museum. a �a While we don't have a sense yet for your approach to media in this exhibit, we can visualize how it could reinforce the literature and II �IIII�IIIIIIIIIII III I"I�IIIIIIIIIIIIIIIIIIIIIIII�III "book"themes. The use of changeable digital interactives, video, and voice may also facilitate the periodic theme changes.We have �����11111�IIll�llllllllllllllllllll�lq�llll`II�11111111��\1\11111���11111p1 worked with Richard Lewis Media Group for many years, and they are currently working with us on several children's museum and �"��I°'"� family centered projects. �ti11111�1111�1111111111111�1111g111111111111�����1\t\\�1\0\0\1����1\��l��l ���111111111�q�idluq��1 �p1��1111111R1p1@I ���� You have a slightly unusual ticketing problem, with multiple visitor contact points and a variable free zone/paid zone interface. In order to address these operational issues we have asked Jonathan Burke �tii�I�Ig11�1��11111111�1111�11111�011�1�111�)\�����1110111�1���11111111111111�I��1 to join. Jonathan is the Senior Vice-President of Visitor Experience p a m i d i o' u o IIIP o and Operations at at the Boston Museum of Science. Over the past several years Jonathan was our client for the MOS box office redesign, followed by a wayfinding study, and finally a complete �p11111f11�111 lobby redesign. He worked with multiple ticketing vendors,and in fact has apatent on ahand-stamping device for multiple entries. For exhibit cost estimating we have included Nassal who will provide �111111111111111111�11111�1111111111111\� 101011��01 costing during the last months of the Schematic Design and Design Development phases. With offices in Los Angeles, Nassal is very familiarwith the local marketplace. We have also included Fennessy \ Consulting Services as our cost consultant for architectural improvements.Seamus Fennessy has worked on over one hundred u�cambridgeSeven projects and is highly regarded for his quality fo ��11��1�011101�\111@\ \�11�111��1����11��011���1111�1111111111u1��11�11�1111��1��10111�1111!�IIIIIIIIIIIIIIIIIIII Englllinccllrlurmg Coaaallftaa'ta g; 0�011}1�1�11v��vloa, 1111�011�����Vti�1)>>I1��111111����l�o� For engineering consultants we have teamed with a key firm who has �������� ������� � ���������� a national reach.Our proposed Structural and Acoustical Engineers are Thornton Tomasetti,with whom we are currently working on the Port Wonder Children's Museum in Lake Charles, LA.They are a highly regarded, international firm,with offices in near us in Boston and in Los Angeles, reasonably near you in Rancho Cucamonga. Consultant summary descriptions and resumes for key people are included following the resumes of CambridgeSeven's staff. Page 162 Cambr,m ilji Sevei ni 25 10 - Team Bios Douglas Simpson, LEED AP BD+C Role in Project Principal-in-Charge Experience with Minimum Requirements �! a Mr.Simpson has extensive,proven experience designing and coordinating projects with similar scope,size,and mission as this RFP. r i i He has conceptualized dozensof innovative, lively designs and seen them to fruition at 1 various institutions across thecountry. G; lir Professional Affiliations American Alliance of Museums National Association for Museum Exhibition(NAME) Board Member,2004-2018 President, 2010-2014 Association of Children's Museums Association of Science and Technology Centers Professional Bio New England Museum Association Douglas Simpson joined CambridgeSeven after several years of experience as a Senior Exhibit Relevant Professional Experience Designer. Working closely with curators and Since joining CambridgeSeven in 1998, Mr. content experts,he has created a diverse array of Simpson has worked on the following projects: mission-driven, participatory visitor experiences for natural history, history, cultural, and children's "Rainbow World"Exhibit Design museums, as well as zoos and aquariums. He Hawaii Children's Discovery Center has taught Exhibition Design at Massachusetts Honolulu, Hawaii College ofArt,and lectured at Harvard University's Museum Studies Program.He has been active in Laonui Children's Discovery Museum,Exhibits the National Association for Museum Exhibition Hohhot, Inner Mongolia,China and is a LEED Accredited Professional. kidSTREAM Children's Museum Position with the Company Camarillo, California Associate Principal Dalton Discovery Center Exhibits Length of Time with Company Conservancy of Southwest Florida 21 years Naples, Florida Licenses, Registrations,and Certifications "World Brooklyn" Exhibit USGBC,LEEDAP BD+C Certified Professional Brooklyn Children's Museum Brooklyn, New York Education Harvard University Graduate School of Design, Gyeonggi Children's Museum Exhibits "Museum Design and Planning",Professional Yongin City,South Korea Development Course, 1998 Massachusetts College ofArt,BFA,Open Major- Science Playground and Children's Common Exhibit Design, 1993/2004 Boston Children's Museum Principia College, BA, Self-designed major, Boston, Massachusetts "Strategies for Local Social Change with an Awareness Towards Promoting Global "Five Friends fromJapan"Traveling Exhibit Environmental Quality", 1981 Boston Children's Museum VisitorStudies Association,Learning Certificate, Boston, Massachusetts 2000 Page 163 26 Penny J. Sander Association of Children's Museums Association of Science and Technology Centers National Association for Museum Exhibition New England Museum Association Relevant Professional Experience Ms. Sander has worked as an exhibit planner, project manager,and/or writer for the following projects: Laonui Children's Discovery Museum, Hohhot jHohhot, Inner Mongolia , / i oloa Knock Knock Children's Museum Baton Rouge, Louisiana Dalton Discovery Center Exhibits Conservancy of Southwest Florida Professional Bio Naples, Florida Ms.Sander has over thirty years of experience in the management,planning,content development, kidSTREAM Children's Museum and programming of museum exhibits.and Camarillo,California has been the project manager for most of CambridgeSeven's exhibit projects since joining Port Discovery Children's Museum the firm.Herexpertise in museum operations and Baltimore, Maryland project management is a valuable resource to CambridgeSeven's exhibit design group. KidZooU:Hamilton Family Children's Zoo and Faris Family Education Center Exhibits Position with the Company Philadelphia Zoo, Philadelphia, Pennsylvania Associate Principal "Park Science" Exhibit Length of Time with Company Discovery Cube Los Angeles 31 years Los Angeles, California Education "World Brooklyn" Exhibit Harvard University, Graduate Certificate in Special Brooklyn Children's Museum, Studies, Business Administration, 1983 Brooklyn, New York University of Vermont,M.A.,Cultural History/ Museology, 1980 Boston Children's Museum Universityof North Carolina,MESDA Summer Master Plan,Program,Renovation,and Museum Institute Fellow, 1976 Expansion College of William and Mary in Virginia,B.A., Boston, Massachusetts History and Art History, 1976 Science Playground and Children's Common Role in Project Boston Children's Museum Project Manager Boston, Massachusetts Experience with Minimum Requirements "Five Friends from Japan"Traveling Exhibit Ms. Sanders has been a successful Project Boston Children's Museum Manager for several of CambridgeSeven's Boston, Massachusetts exhibit and museum projects.With professional experience as a museum curator, Gyeonggi Children's Museum Exhibits she is skilled at managing teams,budgets,and Yongin City,South Korea timelines to complete projects effectively. The Discovery Museums Master Plan Professional Affiliations Acton, Massachusetts American Alliance of Museums Page 164 Cambr,m ilji Sevei ni 27 Peter G. Kuttner, FAIA Professional Affiliations National Association of Museum Exhibitionist 1989—Present Association of Science—Technology Centers f fir, 1996—Present yw / Project Kaleidoscope 1995-2005 NCARB Certified, 1985 Registered architect in eight states Relevant Professional Experience Mr.Kuttner has managed or coordinated the following projects: "Rainbow World"Exhibit Design Hawaii Children's Discovery Center Honolulu, Hawaii r � r Laonui Children's Discovery Museum, Hohhot Professional History Hohhot, Inner Mongolia, China Peter Kuttner's experience covers a wide range of design and planning projects, including new Knock Knock Children's Museum construction and renovation.His focus has long Baton Rouge, Louisiana been on all forms of participatory education,with institutional projects for aquariums, museums, Port Discovery Children's Museum colleges, and universities. Kuttner is known in Renovation and Expansion particular for his thoughtful design of spaces for Baltimore, Maryland informal and formal learning. kidSTREAM Children's Museum Position with the Company Camarillo,California Principal Boston Children's Museum Length of Time with Company Master Plan,Program,Renovation,and 42 years Expansion Boston, Massachusetts Licenses, Registrations,and Certifications Registered Architect in Massachusetts, Maine, Gyeonggi Children's Museum Exhibits Louisiana,NewJersey,New Hampshire,Missouri Yongin City,South Korea Education "World Brooklyn" Exhibit University of Michigan, M.Arch. Brooklyn Children's Museum Highest Distinction, 1974 Brooklyn, New York University of Michigan, B.Arch. 1972 "Five Friends from Japan"Traveling Exhibit Role in Project Boston Children's Museum Design Principal Boston, Massachusetts Experience with Minimum Requirements Science Playground and Children's Common Mr.Kuttner provides broad and deep experience Boston Children's Museum on exhibits, museums, and masterplans. His Boston, Massachusetts designs instill curiosity and a love of learning in visitors of all ages and demographics. Children's Museum ofArkansas Exhibit Concept Design Little Rock,Arkansas Franklin Park Zoo Welcome Center and Children's Zoo Boston, Massachusetts Page 165 28 Paul Herbert, AIA Relevant Professional Experience Mr.Herbert has been working as Project Designer on several projects in the office, including: Port Wonder Children's Museum Lake Charles, Louisiana Laonui Children's Discovery Museum, Hohhot Hohhot, Inner Mongolia, China kidSTREAM Children's Museum r, � Camarillo, California Boston Children's Museum Expansion and Renovation Boston, Massachusetts d% G � EcoDiscoveryCenterExpansion and Exhibits Professional Bio Museum of Discovery and Science Working as a designer on several challenging Fort Lauderdale, Florida academic,cultural,and commercial projects,Paul Herbert has developed a great deal of experience Museum of Science Master Plan with internal circulation,accessibility,adjacencies, Boston, Massachusetts and coordination of systems. Mr.Herbert joined CambridgeSeven in 2005aftergaining experience The Discovery Museums Master Plan in New York and Boston. Acton, Massachusetts Position with the Company Maritime Gloucester HarborWalk Exhibits Senior Associate Gloucester, Massachusetts Length of Time with Company Gyeonggi Children's Museum Exhibits 14 years Yongin City,South Korea Licenses, Registrations,and Certifications "World Brooklyn" Exhibit Registered Architect in Massachusetts#6744 Brooklyn Children's Museum, Brooklyn, New York Education Syracuse University School of Architecture Heifer Village Exhibits B.Arch.2004 Heifer International Headquarters International Study, Florence, Italy,2002 Little Rock,Arkansas Role in Project "Five Friends from Japan"Traveling Exhibit Project Architect Boston Children's Museum Boston, Massachusetts Experience with Minimum Requirements Mr.Herbert has worked as an architect and Children's Museum ofArkansas designerforseveral exhibits of similarscale Exhibit Concept Design and scope. He has coordinated projects Little Rock,Arkansas from the initial schematic phase through Design Development,preparing drawings and "Our Common Wealth" documents as outlined in this RFP. Massachusetts State Archives and Commonwealth Museum Professional Affiliations Boston, Massachusetts American Institute of Architects Boston Society of Architects The Maritime Aquarium Master Plan Boston Architectural College Faculty Norwalk, Connecticut Page 166 Gary Johnson, AIA Relevant Professional Experience During Mr.Johnson's professional career at CambridgeSeven,the following projects have been completed under hissupervision: y� ' YWCA of Silicon Valley t j t Redwood City, California Four Seasons Hotel and Private Residences (33 story historic restoration and mixed use l I� development) New Orleans, Louisiana FourSeasons Hotel and Private Residences (61 story mixed use tower) One Dalton, Boston, Massachusetts Professional Bio Gary Johnson has been an inspired design Tremont Crossing Mixed-Use Development principal and leader with CambridgeSeven (multi-building mixed use development) since 1978 and has actively developed new Boston, Massachusetts markets and services for the firm's clients throughout his career.He applies his versatility University of California Berkeley as both an architect and urban designer to a Executive Education Center and Hotel wide range of projects at CambridgeSeven.His Planning Study design and planning expertise is evidenced in Berkeley, California CambridgeSeven projects throughout the United States and abroad. University of Virginia Academic Master Plan/Ivy Corridor Study Position with the Company Charlottesville, Virginia President&CEO Hanover Inn and Conference Center Length of Time with Company Dartmouth College 42 years Hanover, New Hampshire Licenses, Registrations,and Certifications Urban Lifestyle Mixed Use Master Plan Registered Architect in California#C 32077 Chicago, Illinois Also registered in twelve other states. Southside Works Riverfront Development Education Pittsburgh, Pennsylvania Harvard Graduate School of Design,M.Arch. Urban Design, 1978 Harrah's Boardwalk Hotel Casino Concept Design Rhode Island School of Design, B.Arch., 1975; Atlantic City, New Jersey BFA, 1974 Wentworth Institute of Technology,Associate in Sands Hotel Convention Center Architectural Engineering, 1972 Las Vegas, Nevada Role in Project The Liberty Hotel Renovation and Restoration Company President Boston, Massachusetts Experience with Minimum Requirements Ames Hotel Renovation and Restoration Mr.Johnson has overseen projects is several Boston, Massachusetts states across the U.S.,including California. He is skilled with directing project teams and House of Blues ensuresthatall CambridgeSeven designs are Of Boston,Massachusetts high standards and quality. Page 167 30 Douglas Flandro LEED AP BD+C, ID+C ,l Professional Experience Mr.Flandro has contributed to the following jexhibit design projects: Port Wonder Children's Museum Lake Charles,Louisiana i Knock Knock Children's Museum Baton Rouge,Louisiana a Laonui Children's Discovery Museum, Hohhot Hohhot, Inner Mongolia, China Gyeonggi Children's Museum Exhibits Yongin City,South Korea' Port Discovery Children's Museum Renovation and Expansion Professional History Baltimore, Maryland Douglas joined CambridgeSeven in 2006 as an interior designer and exhibit designer and Harrison Greenberg Foundation has worked on many of the firm's most notable Roundhouse Aquarium Beautification Project museum, aquarium, and higher education Manhattan Beach,California projects.He has served on several projects as the firm's LEED Administrator.As CambridgeSeven's "Our Hudson Home" Exhibit Director of Sustainable Design he leads the Liberty Science Center Firm's Sustainable Design Working Group which Jersey City, New Jersey oversees the office's goals and standards for sustainability including goals to achieve carbon North Carolina Aquarium on Roanoke Island neutrality by 2030. He also leads the LEED Manteo, North Carolina Accreditation Study Group within the office to help staff gain their LEED Accreditation by the Marsh Pavilion and Vet Center Exhibits U.S. Green Building Council. Doulgas is also a VirginiaAquariumand MarineScience Center contributing author to Interior Graphic Standards. Virginia Beach,Virginia He was promoted to Associate in 2019. The Scientific Center of Kuwait Expansion Exhibits Education Kuwait City, Kuwait Rhode Island School of Design,Master of Interior Architecture,2003 Interactive Learning Space Concept Design Brigham Young University,B.A.Theatre Arts,1996 John F.Kennedy Centerforthe Performing Arts Washington, D.C. Experience with Minimum Requirements Mr.Flandro has worked as an exhibit and graphic "Blacktip Reef," National Aquarium designer for several exhibits and children's Baltimore, Maryland museums of similar scale and scope. He has coordinated project deliverables and drawings KidZooU:Hamilton FamilyChildren'sZoo and as outlined in this RFP. Faris Family Education Center Exhibits Philadelphia Zoo, Philadelphia, Pennsylvania Professional Affiliations USGBC,LEEDAP ID+CAccredited Professional "World Brooklyn" Exhibit USGBC,LEEDAP BD+CAccredited Professional Brooklyn Children's Museum, Brooklyn, New York Heifer Village Exhibits Heifer International Headquarters Little Rock,Arkansas Page 168 111RVII iiiii c Illla°°Ilia�,tits q� IIIII IIIII �v Associate Structural Engineering Project Manager r% S ii.0 u'u u u u u a a"u„a Michael Billings has more than 10 years of experience in the structural design of numerous building j types and a variety of construction material for a variety of building types.He is skilled in the retrofit of residential homes,steel-framed buildings and unreinforced masonry structures.Using his design I background,Michael has performed several post-disaster forensic investigations. l:(lliiucatku iin s Ile ct I XII°sE^AI I Ee • B.S.,Architectural Engineering,2006,California Polytechnic 5415 Jandy Place, Los Angeles,CA.Structural engineering State University for the adaptive reuse of an existing warehouse building to a 25,000-square-foot creative office space.The renovations encompass removing the existing mezzanine and adding • Licensed Structural Engineer in California (S6408) a second floor with multiple openings to the ground floor. Modifications include the main building entrance framing, • Licensed Civil Engineer in California (C75729) addition of a new window on the building exterior and updating • Applied Technology Council,ATC-20 Certified Inspector the building fagade.To create a raised roof,portions were • Structural Plan Reviewer,Division of the State Architect(DSA) opened with clerestory windows and skylights. II u�ul� a,�a,u�°uuu��ill AcfuVuuues Los Angeles Unified School District,Seismic Upgrades,Los Angeles,CA.Design of seismic attachments and anchorage of • Member,Structural Engineers Association of Southern non-structural components for the renovation of multiple school California (SEAOSC) buildings. Awa ii,(•I s Howard Hughes Center, Renovation, Los Angeles,CA. Structural engineering,waterproofing consulting and fagade • Blind Prediction Contest Winner,University of California, engineering for five commercial buildings undergoing renovation. San Diego, 2006 Mariners Bay Apartments, Remodel, Marina del Rey,CA. Structural engineering services for the renovation of buildings at the Mariners Apartment complex. St. Anne's New Village Charter School, Los Angeles,CA. Structural design for the proposed remodel of a one-story building.The remodel includes removing existing interior walls and adding new interior walls. University of California,Santa Barbara,North Hall Computer Room Remodel,Santa Barbara,CA.Structural engineering services for the remodel of the North Hall's first-floor computer room with a new computer-access floor, suspended cable trays, a new exterior generator yard,and fence walls.Tasks included evaluation of the existing second floor to support additional suspended cable tray loads and anchorages of new equipment. Hampton Inn&Suites(Vine Hotel),Hollywood,CA.Structural engineering for a five-story, 112-room hotel in the historical district of Hollywood.The building consists of one level below grade for parking,a ground floor with the lobby,retail and restaurant spaces,and four levels of hotel rooms. Page 169 32 IIII�'u"Jll v rmiii iir�i»��t��ii�,i.....�III�°��°�������iii��iii��iio���tititi���������q�NI,IIIII in1"I IIN,,41 Diu c I1l-i ia eIIIII J. A\n/Ve s,ci IIIII cimv S, Y, 1[),Illla°°�� D � E iir ig Associate Principal uZw�Il� Project Director for Acoustic, Noise and Vibration Control S ILi inn,inn,a 1r y A senior member of Thornton Tomasetti's acoustics, noise and vibration control engineering team, Dr.Wesolowsky has more than 20 years of experience in analysis, project management and design. Mike specializes in such areas as vibration studies for architectural and structural design,dynamic j data acquisition and analysis, architectural acoustic studies and vibration control research and development. Mike joined Thornton Tomasetti in 2017 through its acquisition of Swallow Acoustic Consultants. m°llw..oR::as;iaw�ir7� i� Ilo ; Ilira��io 0 Ilh"s�psowirioir7�R� Ph.D., Structural Dynamics,2007,McMaster University Hamilton Central Library Renovations, Hamilton, ON. M.A.Sc.,Structural Dynamics,2001, McMaster University Acoustics,noise and vibration engineering services for the renovation of the library's performance space located on the first B.Eng.Soc., Civil Engineering and Society(History minor),1999, floor and renovation of the fourth floor to create a Maker Space McMaster University with a sound booth and film and video rooms. �ow¢Ni:au sl:iaw�ir7��,w Meadowvale Community Centre and Library, Mississauga, Licensed Professional Engineer in Ontario ON.Acoustical consulting services, including acoustics, noise and vibration control for an 80,000-square-foot centre consisting u'awn4 ia��ui�,t�l A(:flv ion s of a 25-meter,six-lane pool,a full gymnasium and fitness area, - Member,Association of Professional Engineers of Ontario program rooms and a library. Member,American Society of Civil Engineers The Discovery Centre, Halifax, NS. Acoustic, noise and vibration control design of the Dome Theatre in the three-storey Discovery Member, Canadian Society of Civil Engineers Centre that showcases exploration and learning in the field Member,Acoustical Society of America of science and technology.The renovation pays homage to Member, Canadian Acoustical Association its industrial heritage as a former power station through the preservation of the existing concrete shell and steel trusses.The Member, Society for Experimental Mechanics four-storey atrium is the focal point.Additional spaces include a large flexible gallery,an innovation lab and workshop for live �aspw�s� a �y II're..oltlluw as:ia��u7� a4ui��all II'�u ��wu7�:s��n ua��u7��" science demonstrations and a Kids' Interactive Gallery.The - "The Day the Earth Shook:Controlling Construction-Induced project achieved LEED Platinum Certification. Vibrations in Sensitive Occupancies,"Proceedings of the 35th International Modal Analysis Conference, Garden Grove, Halifax Central Library,Halifax, NS.Acoustical design services California, USA, February Analysis Co-author for the five-storey,flagship library,which included environmental, mechanical noise control and room acoustics for interconnected - "Improving Floor Vibration Performance Using Interstitial open spaces,private offices, meeting rooms and the Paul Columns,"Proceedings of the 34rd International Modal O'Regan Hall,a 300-seat performance and multi-purpose space. Analysis Conference,Orlando,Florida,January 2016,Co-author Southeast Markham Community Centre,Markham, ON. - "Certain Uncertainties: Modeling Unusual Structures to Acoustical consulting services for a 121,000-square-foot centre. Control Vibrations in Sensitive Areas,"Proceedings of the 33rd Scope entailed acoustics and noise control for the indoor International Modal Analysis Conference,Orlando, Florida, USA facilities, including several pools,triple gymnasium, indoor track, February 2015,Co-author fitness studios,a dance studio,a children's playground,study - "Floor Vibration Considerations for Sensitive Equipment areas,library, multi-purpose rooms, a digital media lab and a in Hospital, Medical, Pharma and Laboratory Facilities," teaching kitchen. Proceedings of the Annual Canadian Acoustical Association Conference,Winnipeg, Manitoba, October 2014, Co-author Lincoln Community Complex,Lincoln, ON. Provided acoustic treatment recommendations to areas of the arena in order to - "Acoustic Design Considerations in Modern Health Care achieve appropriate reverberation times for a variety of sports Facility Design,"Proceedings of the Annual Canadian and concert events. Acoustical Association Conference,Winnipeg,Manitoba, October 2014,Co-author Page 170 Ganw ull wWwSew ei ii 33 166 Valley St., Bldg. 6M, Suite 103 J Providence, RI 02909 rth111 sign USA .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Katherine Abernathy LC, FIALD Professional Resume Home Address : 11 Central Ave,North Providence RI 02911 Phone (401) 353 5006 Date of Birth: October 26, 1960 Nationality: United States of America Education: Webster University—BFA - 1983 Croydon College—Post Graduate Studies— 1984 Fields of Competence: Lighting Design and Consulting; Museum Exhibit Lighting, Themed Environments, Display Lighting, Architectural -Interior and Exterior, Theatrical Languages: English Membership: Fellow Member: International Association of Lighting Designers. Illuminating Engineering Society of North America United States Institute of Theatre Technology Designers Lighting Forum of New England Offices Held: President: International Association of Lighting Designers Chairwoman: Energy and Sustainability Committee of the International Association of Lighting Designers Vice-President&President: Illuminating Engineering Society of North American,New England Section. Examination Chair:National Council on Qualifications for the Lighting Professions. Credentials: Lighting Certified (LC)by the National Council on Qualifications for the Lighting Professions .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Phone: 401-233-4412 Facsimile: 401-233-4415 Email: info@ald.lighting Website:www.ald.lighting Page 171 34 Richard Lewis: Principal in Charge, Richard Lewis Media Group Responsibilities: As Principal, Lewis is personally responsible on a day-to-day basis for every aspect of RLMG's administrative and creative direction and engagement. He is the key point of contact with contract administrators. He leads RLMG's project managers and senior personnel and he also identifies and manages relationships with key creative partners. He also manages budget control and quality control processes for the project through regular internal and external project meetings. Additionally, he works with project teams to identify ways in which exhibit media can effectively deliver the institution's communication goals for the project. Qualifications: Richard Lewis is the Principal of Richard Lewis Media Group (RLMG). For more than 25 years he has specialized in the planning, design and production of media exhibits and applications for museums in North America and around the world. Lewis has served as principal in charge for more than 250 major museum projects, with total media budgets in excess of$100,000,000.Through these projects he has presented a multitude of ways in which narrative, technology and architectural space can work together to allow for the creation of media experiences that will engage and delight visitors. Lewis and his team strive to expand the company's skillset so that RLMG can continue to address new technical and creative challenges and opportunities. Relevant Experience: • David H. Koch Hall of Fossils—Deep Time: Smithsonian National Museum of Natural History • David H. Koch Hall of Human Origins: Smithsonian National Museum of Natural History • Biomuseo: Panama City, Panama • Atrium, Destination: Colorado, and Colorado Stories: History Colorado Center • National Postal Museum, Smithsonian Institution • Watching Oprah: Smithsonian National Museum of African-American History and Culture • Niagara Falls Underground Railroad Heritage Center, Niagara Falls, NY • Canadian Museum of Immigration at Pier 21,Halifax • The Adirondack Experience, Blue Mountain Lake,NY • John F. Kennedy Presidential Library and Archives, Boston, MA • Dwight D. Eisenhower Presidential Library and Archives, Abilene, KS Education: • Oxford University, BA in English 1978 • University of Pennsylvania, Annenberg School, MA in Communications 1981 Employment History: • 2011—Present: Principal and Founder, Richard Lewis Media Group, Watertown,MA • 1986-2010: Senior Producer and Principal, Chedd-Angier-Lewis, Watertown, MA Professional Memberships • American Alliance of Museums • Association of Science Technology Centers Page 172 Camm br,Wijc Seveini 35 °f r�eB % 9. Jonathan Burke Senior Vice President, Visitor Experience and Operations I.]t :// .Illinlse: dlin.core/lin/onl� nirbuirlse:/ Jonathan Burke is the Senior Vice President of Visitor Experience and Operations. He leads the teams overseeing the Museum's overall visitor experience including Visitor Services, Membership, Call Center, Information Desk, Facilities and Construction, Mugar Omni Theater, 4-D Theater, Simulators, CRM System Services, Event and Conference Services, Museum Garage, Public Safety and Security. In addition, he is responsible for the major in-house contractual relationships and Museum partnerships including; Wolfgang Puck Catering (foodservice), Boston Duck Tours (strategic partner), Charles River Clean Up Boat (strategic community partner), Event Network (retail), and Cushman and Wakefield Services (cleaning, landscaping, snow removal), as well as the Museum-wide safety program and crisis management team. Jonathan is a founding member of the nationally recognized Museum of Science Guest Service program as well as a Certified Business Continuity Planner. He serves as Vice President of the Board of Directors for the Charles RiverCleanup Boat, a 501©3 dedicated to keeping the Charles River clean. Jonathan is an avid outdoorsman, spending much of his free time on the water with his wife and teenage son boating, sailing, paddling, fishing, cycling, collecting seaglass and scuba diving. He has been serving the Museum for 22 years. Page 173 36 "i19 nassaL Director, Design .........Les Angeles Michael brings more than 20 years of experience in the themed attractions and exhibits industries to Nassal. Over the past eight years, he has led the creative design team's efforts in developing unique visitor experiences for museums,themed attractions and hospitality. Michael's extensive design background has greatly enhanced the company's strength in design development. His ability to art direct a project from concept through project installation has helped establish Nassal as one of the premier design/build firms. Prior to joining Nassal,Michael was the Exhibits and Facilities Director at Kidspace Children's Museum,where he was responsible for the SELECT CLIENTS conceptualization,art direction and project management of the museum's AND PROJECTS Themed Entertainment Association's"THEX Award winning exhibits. In addition,Michael managed the museum's exhibits and facility teams;which Idaho not only included the daily maintenance programs,but also operated a complete in-house design team;servicing all of the museum's design . .. - - - needs including the development and incorporation of the museum's Cherokee - brand identity.This experience has positioned Michael in the industry with Grand Rotunda a unique combination of design, brand development with operations and management skills. Science Storms at Museum of Science and Industry Desk EDUCATION Art Center College of Design— Bachelors of Science,Environmental Design,emphasis on Entertainment, Interior, and Interpretive Design Page 174 37 fnsulting e Resume Seamus Fennessy,BSc MR/CS Principal/Owner Mr. Fennessy is a qualified and professionally trained Quantity Surveyor, having achieved his Bachelor Degree in 1991 and his professional qualification to the Royal Institution of Chartered Surveyors in 1992 Seamus is the founder of the firm and remains an active account manager. He has over 28 years of experience in the construction industry working as a cost planner, cost consultant and quantity surveyor in the United States and Overseas. Seamus has gained the necessary experience and skills to effectively manage the construction costs of projects through his role as cost consultant and quantity surveyor on hundreds of projects in the USA, England, and Ireland and throughout the world. Since arriving in the United States in 1993,Seamus has established construction budgets, prepared cost plans, compiled design stage estimates, assisted in contract price negotiations, provided both formal and informal value engineering, prepared life cycle cost analyses, prepared bid analyses, reviewed change orders and participated in litigation and arbitration cases on many facility types. While working in the UK,Seamus performed all aspects of the role of a quantity surveyor, which in addition to cost consulting services included quantity surveys/measurements, fire insurance evaluations and project cost reporting activities on all building systems, including mechanical, electrical and plumbing systems. Throughout Seamus's twenty eight years of experience he has provided estimating services on projects ranging in construction cost from$30,000 to over$1 billion. Education: Bachelors of Science - Quantity Surveying, Greenwich University, London, England Professional Associate of the Royal Institution of Chartered Surveyors, London, England Membershio: Royal Institution of Chartered Surveyors Frpeiience: Vast experience in collegiate projects Recent general/multi-use academic building experience Multiple projects with Cambridge Seven Multiple projects in the Wentworth neighborhood Billions of dollars of construction work estimated. Fennessy Consulting Services 27 Glen Street, Suite 9C, Stoughton, MA 02072, T:781.344.4464 F:781.344.4452 www.fennessvconsulting.com Page 175 38 11 - Ticketing Layout & Sound Attenuation How do you intend to handle the requirements for providing designs and tenant improvement drawings for ticketing layout and for sound attenuation? Please provide resumes for any subcontractors you'd be hiring for this scope of the work. We will approach the tenant improvement portion of the project the same way we approach any of our architectural projects. The process will be broken down into three main phases of design: Schematic Design, Design Development, and Construction Documents. The schematic phase will start by all of us working as a team to understand the design problem and developing a series of options for architectural and acoustical solutions. After analyzing these options as a team,we will work together to create a synthesized scheme that everyone can get behind. During the Design Development phase, we will start to develop the details to better understand the selected scheme and to flush out any of the complicated aspects of the design that surface along the way. During Construction Documents we will be focused on creating highly detailed drawings that will be used by the contractor to execute the design. Throughout the duration of all three of these phases, we will be working hand-in- hand with the end users,the city's representative, and our team of consultants to make sure that we are all working toward the same goal. The acoustical portion of the project is a unique challenge. We have engaged Thornton Tomasetti as our acoustical engineerto help us better understand and design forthis unique condition.The resolution of this will require that we keep it in the forefront of everything we do throughout the process. We will begin by establishing the existing background noise conditions in the main library,in order to set realistic targets for noise transmission from the museum. The next step in our process will be the analysis of the existing floor/ceiling assembly for noise transmission properties,as well as the windows overlooking the main library. After we understand the conditions that we are working with,recommendations will be provided for any additional floortoppings and for upgraded windows,if necessary. The main entranceway to the museum at the top of the stairs will be addressed, including partition design and the door. It may also be necessary to introduce absorption into the stairwell,in order to minimize the transfer of any reflected noise downstairs as the museum door opens and closes. Finally, the interior room acoustics of the museum itself will be addressed,where recommendations for acoustic absorption (most likely predominantly on the ceiling)will be provided. 12 - Other Current Projects Our proposed project team is currently working on: • Port Wonder Children's Museum and Nature Center, Louisiana —$14,000,000 • Florida Oceanographic Society EcoCenter, Florida--$500,000 • Naples Nature Center, Florida-- $5,000,000 • kidSTREAM, California—$10,000,000 13 - Pending Lawsuits CambridgeSeven currently does not have any pending lawsuits,liens,or outstanding financial liabilities. Page 176 , fi -; ✓ .,, ,,....i III. i 4 a r 1 I rJ v,I r� tl �IM� I mf f / " ttvr w ��� ru� m P�1 J �, ✓n rfil� �? IYX � �7n� t� : � 'f✓m ea, @�9 � Nam t i t f i N r i � „�; i l r i , I � V Irr'J s I Storybook Climber:Knock Knock Children's Museum,Baton Rogue,LA Crawbaby Infant and Toddler Area:Knock Knock Children's Museum,Baton Rogue,LA u ry b l ri r�r / III dl r j��fl04���I fi Page 177 40 14 - Relevant Projects Knock Knock CNMuseum Illdure���m'"e II Baton Rouge, Louisiana f " Like the Second Story experience, books and literacy are a central ol theme in the Knock Knock Children's Museum.The central climber N offers full-body play while celebrating books--each platform is Ir shaped like an open book. Children explore the Storybook Tree where they go inside to look through a periscope and discover 1 storybook characters,like the Cheshire Catorthe Hungry Catapillar. � They explore doors around the trunk which reveal word puzzles and storybook scenes with audio. Comfortable book nooks surround the iconic tree. In each gallery,regularly changed featured books direct you to find more books like this in this readingzone. An infant and toddler area is themed around the Louisiana Bayou and called Crawbaby.The wall murals come from a storybook about this unique habitat. Giant Bald Cypress trees with spanish moss add to the sense of immersion.Toddlers climb into an eagle's nest and slide down again. They squeeze through tall swamp grasses made from foam. They crawl over a crawfish and through a log. �r % To celebrate the local music and dance, we created an innovative media effect in our Dance Studio. Local dance groups were filmed Storybook Tree teaching their dances. These videos are displayed on monitors mounted behind partially mirrored glass,so the visitor sees both their dance instructor and their own reflection as they try the dances. In Ship Shape,children role playas mechanics,veterinarians,architects, and crane operators.In the By-You Building Company exhibit,children create structures using large-scale building blocks. Fish Tales lets children play with a magnetic fishing game,complete with a fish ID and weighing station,while Pelican Pantry and I See Food Cafe feature healthy food choices,a grocery store,and a cafe.Children are introduced to physics and science in the Knock Knock Maker Shop and they can express their creative energy in the Art Garden. Dance Studio Completed: 2017 Fabrication &Construction Cost: $2,250,000 Area of Exhibit Galleries: 14,250 square feet SLIJ This project came in on time and on budget This project has not needed redesign or updates This project included all services listed in the RFP Reference Melissa Bell Phone: 225-614-0149 Email: melissabe114942@gmail.com Melissa was the museum's project director during the design and construction phases. Page 178 k"anrillwfldgoS eweuim 41 Multi-Level Water Play:Laonui Children's Discovery Museum,Hohhot,Inner Mongolia,China r ' ✓r„�+, � �f / ��i 5/ � � Jjlfll/V%/JJJr r,c1/��� / aarrmrCir p / IA i'� n It / r1 t / r �( r/r>'-S,wr 9urtryUMl�iRSS��%l, / , I / ,il� � Yrl�w�li�l�l�i I !Ir 01IIII rt; oa i Page 179 42 a nUII CKll lUiren'e Dscoveiry MuseumHeart Rate Interactive in the Me Gallery Hohhot, Inner Mongolia, China ��r The Second Story exhibit team design will require extensive experience designing innovative and robust interactives forfamily audiences. Our designs for 100,000 sf of gallery space in the first � purpose-built children's museum in China(also the largest)reflects the broad array of our inventive interactive exhibition designs. a % � For example, a gallery about the Chinese countryside is entirely , sloped.Children climb from activity to activity. We designed a series of water tables on multiple levels, themed around the Yellow River. The upper portion focuses on hydro power;visitors send balls over � f a water wheel and build dams to direct the water, activating a tower coddler Zone light. Pneumatic tubes provide a fun way return the balls back to the upper platform.The lower watertables focus on Chinese agriculture and visitors operate a traditional pump to lift water into terraced fields and guide barges down the river. They also direct the water flow of the water fall.A Chinese pagoda hosts story-telling;the Great Wall is the backdrop for a climbing activity Completed: 2017 Fabrication &Cons truction Cost: $8.500,000 Another gallery is focused on health. Visitors listen to their heart Area of Exhibit Galleries: 12,400 square feet rate,test their strength,balance,and all their senses.A dark crawl (1 st Phase) provides an exciting sensory experience. El As part of a gallery about the City,we designed a 45-foot-high This project came in on time and on budget climber themed as a skyscraper under construction. Integrated into the base is a crane and dump truck where visitors are challenged to u, This project has not needed redesign or lift and dump giant foam rocks. updates Chinese culture is celebrated throughout the museum, including This project included all services listed in the a story-telling pagoda,a Great Wall climbing activity,and a gallery RFP devoted to Chinese inventions. The local Mongolian culture is also featured with a full-size role-playing yurt,a yurt-building activity,and Reference interactives about mohair goats. Dejuan Fu, Executive Director Email:fudejuan@cmrcchina.org Sail Boat in Toddler Zone Dejuan Fu is the Executive Directorforthe Children's Discovery Center. „� a��u°ullrorvfim:�arr, aum 43 s- a , F m� IM0 b u i t Traditional Korean Home with Cabbage Garden and Kimchi Preparation : “Your Rainbow World,” Hawaii Children’s Discovery Center Traditional Vietnamese Home with Fishing Boat and Water Buffalo : “Your Rainbow World,” Hawaii Children’s Discovery Center 44 “Your Rainbow World,” Hawaii Children’s Discovery Center Honolulu, Hawaii Your Rainbow World is a celebration of cultural diversity in Hawaii. Like Second Story, it is full of opportunities for role playing and telling cultural stories. It also includes changeable elements that help transform the spaces. Focusing on the countries of China, Japan, Korea, the Philippines, and Vietnam, children can travel to these Asian countries to explore the customs and celebrations of those who live there. Reflecting on their Children doing the Lion Dance own ethnic and cultural heritage, children make real world connections between where their ancestors came from across Asia and how Hawaii has become the “melting pot” of Asian cultures today. Eachofthefivecountriesispresentedasatraditionalhomesetting and outdoor activity space, organized around a central courtyard. Architectural detail, colors, and landscaping of each host country welcome children. Inside each house a picture window of a famous landmark that is changed with the seasons gives visitors a glimpse of how the seasons change around the world. In addition to permanent activities that introduce children to each country, there are areas where wall graphics and programming material reflect cultural celebrations for each country and season. For example, each house has a kitchen where families can “prepare” traditional foods during Completed: 2018 each cultural celebration. Fabrication & Construction Cost: $670,000 Area of Exhibit Gallery: 3,200 square feet The central courtyard is a flexible space with tables and chairs. In addition to supporting activities during family visits, it serves as a This project came in on time and on budget program space for school groups and scheduled activities. This project has not needed redesign or Traditional Chinese Home updates This project included all services listedin the RFP except: graphic design, image aquisition, and media production Reference Loretta Yajima, Board Chair Phone: 808-524-5437 Email: lyajima@discoverycenterhawaii.org Loretta was the founder of the Museum. Central Courtyard for Flexible Programing 45 828326Cambridge Seven Associates, Inc.Cambridge617-492-7007info@cambridgeseven.com Line Items Discount Terms:no discount Unit of Discount Line Item NumSectionDescriptionMeasureQuantityUnit PriceLine TotalPriceResponseComment 1Main BidIdentify Staff Position title in the last column of this line itemHourly Rate1$109,395.00$109,395.00$109,395.00YesPrincipal-in-Charge; $195/hr x 561 hours 2Main BidIdentify Staff Position title in the last column of this line itemHourly Rate1$49,020.00$49,020.00$49,020.00YesProject Manager; $215/hr x 228 hours 3Main BidIdentify Staff Position title in the last column of this line itemHourly Rate1$29,580.00$29,580.00$29,580.00YesDesign Principal; $290/hr x 102 hours 4Main BidIdentify Staff Position title in the last column of this line itemHourly Rate1$5,945.00$5,945.00$5,945.00YesPresident; $290/hr x 21 hours 5Main BidIdentify Staff Position title in the last column of this line itemHourly Rate1$128,760.00$128,760.00$128,760.00YesArchitect; $185/hr x 696 hours 6Main BidIdentify Staff Position title in the last column of this line itemHourly Rate1$28,305.00$28,305.00$28,305.00YesExhibit Designer; $135/hr x 1, hours 7Main BidIdentify Staff Position title in the last column of this line itemHourly Rate1$0.00$0.00$0.00Yes 8Main BidIdentify Staff Position title in the last column of this line itemHourly Rate1$0.00$0.00$0.00Yes 9Main BidIdentify Staff Position title in the last column of this line itemHourly Rate1$0.00$0.00$0.00Yes 10Main BidIdentify Staff Position title in the last column of this line itemHourly Rate1$0.00$0.00$0.00Yes 11Main BidIdentify Staff Position title in the last column of this line itemHourly Rate1$0.00$0.00$0.00Yes 12Main BidIdentify Staff Position title in the last column of this line itemHourly Rate1$0.00$0.00$0.00Yes 13Main BidIdentify Staff Position title in the last column of this line itemHourly Rate1$0.00$0.00$0.00Yes 14Main BidIdentify Staff Position title in the last column of this line itemHourly Rate1$0.00$0.00$0.00Yes 15Main BidIdentify Staff Position title in the last column of this line itemHourly Rate1$0.00$0.00$0.00Yes 16Main BidIdentify Staff Position title in the last column of this line itemHourly Rate1$0.00$0.00$0.00Yes 17Main BidConstultant Expenses (Please specify)Sum1$9,995.00$9,995.00$9,995.00YesExpenses, including travel and printing Structural, acoustical, lighting, AV/Media, Cost 18Main BidItems to be covered by sub-contractors (Please specify)Sum1$79,000.00$79,000.00$79,000.00YesEstimating and Ticketing consultants Subtotal$640,000.00$640,000.00 Recommend allocation of the $3.55M 19budget amoung the following itemsSix (6) main exhibit platforms (the structures which will not change)Sum1$1,470,000.00$1,470,000.00$1,470,000.00Yes6 platforms @ $245000/each Recommend allocation of the $3.55M 20budget amoung the following itemsThree changes of theme (to be designed for use on the platforms).Sum1$630,000.00$630,000.00$630,000.00Yes3 theme changes @ $210000/each Recommend allocation of the $3.55M Design fees and expenses (including any amount required for subcontractors 21budget amoung the following itemswhich design firm might choose to add to their team).Sum1$640,000.00$640,000.00$640,000.00Yes Recommend allocation of the $3.55M 22budget amoung the following itemsTicketing system (desk, kiosk, etc, excluding all hardware and software)Sum1$30,000.00$30,000.00$30,000.00Yes Recommend allocation of the $3.55M Tenant improvement package as futher described in Section 4.6 RFP Questions 23budget amoung the following itemsBullet #5Sum1$780,000.00$780,000.00$780,000.00Yes Subtotal$3,550,000.00$3,550,000.00 24Additional Costs (Please specify)Additional Costs (Please specify)Sum1$0.00$0.00$0.00Yes 25Additional Costs (Please specify)Additional Costs (Please specify)Sum1$0.00$0.00$0.00Yes 26Additional Costs (Please specify)Additional Costs (Please specify)Sum1$0.00$0.00$0.00Yes 27Additional Costs (Please specify)Additional Costs (Please specify)Sum1$0.00$0.00$0.00Yes Subtotal$0.00$0.00 Total$4,190,000.00$4,190,000.00 EXHIBIT B SCHEDULE OF PERFORMANCE PSA with professional liability insurance (Design) Page 18 Last Revised: 06/1/2018 ADDENDUM NO. to Professional Services Agreement Whereas; and the City of Rancho Cucamonga (hereinafter the “City”) intend to enter into a Professional Services Agreement (hereinafter “Agreement”), and Whereas; has identified the following exceptions to the Agreement; Now therefore: and the City desire to incorporate the above exceptions to the attached Professional Services Agreement. Please indicate your agreement by way of signature to this AddendumNo. and the attached Professional Services Agreement. Please return two (2) original signed copies to the City no later than . TheCitywill process forsignature and provide with one (1) fully executed copy of the Professional Services Agreement and Addendum No. . Consultant Name: City of Rancho Cucamonga By: By: Name Date Name Date Title Title City of Rancho Cucamonga By: By: Name Date Name Date PSA with professional liability insurance (Design) Page 19 Last Revised: 06/1/2018 TitleTitle (two signatures required if corporation) Attachment A – Sample Waiver of Subrogation (Sample Only – Not all forms will look identical to this Sample) PSA with professional liability insurance (Design) Page 20 Last Revised: 06/1/2018 Attachment B – Sample Additional Insured for On-going Projects PSA with professional liability insurance (Design) Page 21 Last Revised: 06/1/2018 DATE:October 21, 2020 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:William Wittkopf, Public Works Services Director Ernest Ruiz, Streets, Storm Drains and Fleet Superintendent SUBJECT:Consideration to Approve a Single Source Procurement of Iteris Inc. Video Detection System Equipment from RodefX Inc. of Claremont, California in the Amount of $75,000. RECOMMENDATION: Staff recommends that the City Council approve a single source procurement of Iteris Inc. video detection system equipment from RodefX Inc. of Claremont, California in the amount of $75,000. BACKGROUND: City Council approved the purchase of video detection system (VDS) equipment in the FY 2020/2021 budget in the Equip/Vehicle Replacement Fund. The City of Rancho Cucamonga is actively investing in improving traffic management operations throughout the City. The VDS equipment allows for remote observation of traffic signal operations and provides greater flexibility to adjust the system for better detection of vehicles and bicycles utilizing our streets compared to traditional in-ground loop detectors. Currently 85 of the City’s 206 signalized intersections are equipped with VDS equipment. Public Works Services staff provided a single source justification and an explanation of the VDS to the Purchasing Division on September 24, 2020, in accordance with the City’s Purchasing Policy and Procedures. The single source justification documents were approved and are on file with Purchasing. ANALYSIS: Staff is requesting a single source purchase of Iteris VDS equipment for the maintenance and repair of the City’s traffic signal video detection systems. Standardization of equipment allows staff to operate the ’s VDS from a single management system, minimizes the number of replacement parts needed on- hand for maintenance, and allows staff to gain an in-depth knowledge with the operation and maintenance of the equipment. The Iteris VDS equipment meets the City’s needs and provides standardization as the system is expanded city-wide. Additionally, the Iteris system ensures compatibility of the VDS equipment with the City's Centracs® Advanced Traffic Management Software. RodefX of Claremont, California is the exclusive sales agent in Southern California for Iteris VDS equipment. FISCAL IMPACT: The purchase of video detection equipment was approved it the FY 2020/2021 budget Equip/Vehicle Replacement Fund in the amount of $75,000. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s goal of Enhancing Public Safety and the City’s Premiere Community Status in ensuring well-maintained signalized intersections. ATTACHMENTS: Attachment 1 - VDS Single Source Justification X X 09/24/2020 DATE:October 21, 2020 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:William Wittkopf, Public Works Services Director Dean Rodia, Parks and Landscape Maintenance Superintendent Ruth Cain, CPPB, Procurement Manager SUBJECT:Consideration to Award the Purchase of Fertilizer and Pesticides Supplies on “As Needed” Basis from Nutrien AG Solutions, Wilbur-Ellis Co. and SiteOne Landscape Supply, in Accordance with Request for Bids (RFB) #20/21-107 in an Amount Not to Exceed $140,000 Annually to be Funded from Various City and Special Disticts Accounts. RECOMMENDATION: It is recommended that the City Council award the purchase of fertilizer and pesticides supplies on an “as needed” basis from Nutrien AG Solutions, Wilbur-Ellis Co. and SiteOne, in accordance with Request for Bids (RFB) #20/21-107 in an amount not to exceed $140,000 annually to be funded from various City and Special District accounts. BACKGROUND: The Public Works Services Department applies fertilizer and pesticides in the landscape areas throughout the City. The use of general and specialized fertilizers helps to improve plant and turf health. The properly scheduled distribution of these fertilizers will stimulate healthy root and plant structure growth. The City’s urban forest also benefits from the availability of the appropriate fertilizers and pesticides that help strengthen and stimulate proper growth. The application of approved pesticides helps reduce and/or eliminate unwanted pests and weeds that can impact landscape health and appearance, while reducing the public’s exposure to pest related injuries such as Red Fire Ants or Goathead weeds in our parks, landscape areas, and paseos. Having the capability to purchase on an “as needed basis” through a variety of vendors will help the Department’s ability to respond rapidly and with the appropriate materials to achieve their application goals throughout the year. Having three vendors providing the fertilizer and pesticides on an “as needed basis” also helps maximize availability and accessibility to the materials used throughout the City and eliminates the liability impacts associated with the storage of these materials. ANALYSIS: The Public Works Services Department provided the Purchasing Division with specifications for review and to determine the best method of procurement. The Purchasing Division prepared and posted a formal Request for Bid (RFB) #20/21-107 for “Fertilizer and Pesticides Supplies on an As Needed Basis” for one (1) year firm fixed pricing to the City’s automated procurement system. This bid was solicited as a split award in order to provide the greatest flexibility in staff’s ability to find the parts needed at the best price. There was a total of thirty-one (31) vendors that were Page 1 of 2 notified and twelve (12) prospective bidders that downloaded the solicitation documentation. Three (3) bid responses were received. The lowest line items will be awarded to each vendor based upon their bid responses. All applicable bid documentation is on file in the City’s electronic bidding system and can be accessed through the City’s web page. FISCAL IMPACT: While the bid process provides the best pricing available, staff will continue to operate within the limits set in the approved General and Special Fund budgets. COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council’s goal of Enhancing Public Safety and the City’s Premiere Community Status in ensuring well-maintained and safe City facilities. ATTACHMENTS: Attachment 1 - RFB #20/21-107 Page 2 of 2 REQUEST FOR BIDS 20/21-107 FOR PESITICIDES AND FERTLIZERS ON AN AS NEEDED BASIS City of Rancho Cucamonga Procurement Division 10500 Civic Center Drive Rancho Cucamonga, California 91730 ! !! -107 For Pesticides and Fertilizers on an As Needed Basis ________________________________________________________________________________________________ Table of Contents 1. GENERAL INFORMATION!///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////!4 1.1 Introduction!/////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////!4 1.2 B ID R ESPONSE D ELIVERY AND S CHEDULE OF E VENTS/////////////////////////////////////////////////////////////////////////////////////!4 1.3 D ISCREPANCIES OR O MISSIONS!////////////////////////////////////////////////////////////////////////////////////////////////////////////////!4 1.4 C ONTINGENCIES!///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////!5 1.5 Q UESTIONS AND C LARIFICATIONS!/////////////////////////////////////////////////////////////////////////////////////////////////////////////!5 1.6 D ISPOSITION OF M ATERIAL AND C ONFIDENTIAL OR P ROPRIETARY I NFORMATION!////////////////////////////////////////////////!5 1.7 B RAND N AMES!////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////!6 1.8 K NOWLEDGE OF R EQUIREMENTS!//////////////////////////////////////////////////////////////////////////////////////////////////////////////!6 1.9 R ESERVATION OF R IGHTS!////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////!6 1.10 B USINESS L ICENSE!/////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////!7 1.1. P REVAILING W AGES!//////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////!7 1.11 C ALIFORNIA'S P UBLIC R ECORDS A CT!/////////////////////////////////////////////////////////////////////////////////////////////////////////!7 2. RFB RESPONSE SUBMISSION REQUIREMENTS!//////////////////////////////////////////////////////////////////////////////////////////!8 2.1 Exhibits A through G!////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////!8 2.1.1 N ON-D ISCLOSURE C ONFLICT OF I NTEREST!//////////////////////////////////////////////////////////////////////////////////////////////!8 2.1.2 S PECIFICATIONS!////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////!8 2.1.3 A DDENDUM A CKNOWLEDGEMENT!////////////////////////////////////////////////////////////////////////////////////////////////////////!9 2.1.4 S TANDARD T ERMS AND C ONDITION!//////////////////////////////////////////////////////////////////////////////////////////////////////!9 2.1.5 P ARTICIPATION C LAUSE!//////////////////////////////////////////////////////////////////////////////////////////////////////////////////////!9 2.1.6 D EBARMENT AND S USPENSION!////////////////////////////////////////////////////////////////////////////////////////////////////////////!9 2.1.7 S IGNATURE OF A UTHORITY!/////////////////////////////////////////////////////////////////////////////////////////////////////////////////!: CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE !/////////!21 !/////////////////////////////////////////////////////////////////////////////////////////////////////!22 !////////////////////////////////////////////////////////////////////////////////////////////!24 !////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////!25 !/////////////////////////////////////////////////////////////////////////////////////////////////////////////!26 !///////////////////////////////////////////////////////////////!27 !///////////////////////////////////////////////////////////////////////////////////////////////////////!28 _________________________________________________________________________________________________ Page 2 of 17 ! -107 For Pesticides and Fertilizers on an As Needed Basis ________________________________________________________________________________________________ 1. GENERAL INFORMATION 1.1 Introduction submit a bid response for Request for Bid B20/21-107 for Pesticides and Fertilizers on an As Needed Basis in accordance with the minimum Specifications indicated herein. awards to vendors with the lowest line item cost. Vendors wishing to participate in the RFB solicitation must be registered as a Consultant on Planet Bids through https://www.cityofrc.us/your-government/procurement. Only those responses received from registered Consultants will be accepted. Responses must be submitted by the named Consultant that has downloaded the RFB, this information is indicated in the bid system and provides the ability to tabulate the responses in accordance to the named Consultants. Submitting a response under a Consultant name that does not appear to be on the Prospective Bidders list will be deemed as non-responsive and disqualify said response from further consideration. 1.2 B ID R ESPONSE D ELIVERY AND S CHEDULE OF E VENTS RFB responses must be received electronically via Planet Bids prior to the due date and time specified in the below Schedule of Events. Please note, there will be no paper responses accepted. The City shall not be responsible for any delays by transmission errors. Schedule of Events Event Description Date & Time Post RFB August 26, 2020 Questions Due September 8, 2020 by 9:00 am Addendum Issued September 15, 2020 RFB Response Due Date September 21, 2020 by 9:00 am ˁŷĻ /źƷǤ ƩĻƭĻƩǝĻƭ ƷŷĻ ƩźŭŷƷ Ʒƚ ĭŷğƓŭĻ ƭĭŷĻķǒƌĻ ƚŅ ĻǝĻƓƷƭ ǞźƷŷƚǒƷ ƦƩźƚƩ ƓƚƷźĭĻ ƚƩ ƩĻƭƦƚƓƭźĬźƌźƷǤ Ʒƚ ĻƓķƚƩ͵Μ 1.3 D ISCREPANCIES OR O MISSIONS Vendors finding discrepancies or omissions in the RFB or having any doubts as to the meaning or intent of any part thereof shall submit such questions or concerns in writing electronically via Planet Bids. The City bears no responsibility for oral instructions or representations. Addenda to this RFB shall be considered a part of this RFB and shall become part of any final Contract that may be derived from this RFB. _________________________________________________________________________________________________ Page 3 of 17 ! -107 For Pesticides and Fertilizers on an As Needed Basis ________________________________________________________________________________________________ 1.4 C ONTINGENCIES This RFB should not be considered as a contract to purchase goods or services but is a Request for Bid in accordance with the terms and conditions herein and will not necessarily give rise to a contract. However, RFB responses should be as detailed and complete as possible to facilitate the formation of a contract based on the RFB response(s) that are pursued should the City decide to do so. Completion of this RFB form and its associated Appendices are a requirement. Failure to do so may disqualify your RFB response submittal. Vendors must submit signed, RFB responses by the due date and time as specified herein. Vendors will be considered non-responsive if the above requirements are not submitted as requested. If only one RFB response is received, the City reserves the right to discard the response and rebid the RFB. Any scope of work, contingencies, special instruction and/or terms and conditions applicable to this RFB and any purchase order derived thereafter shall be effective as of the issue date of a purchase order for the requested work effect until sixty (60) days after the City has accepted the work in writing and has made final payment, unless sooner terminated by written agreement signed by both parties. 1.5 Q UESTIONS AND C LARIFICATIONS All questions or clarification requests must be submitted directly through the bid system by the due date and time indicated in the above Schedule of Events. Answers and/or clarifications will be provided in the form of an Addendum and will be posted for download from the From the issuance date of this Request for Bid until a Vendor is awarded, Vendors are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Ruth Cain, CPPB, Procurement Manager, or Hector Velazquez, Procurement Technician, the designated representatives of the City of Rancho Cucamonga. 1.6 D ISPOSITION OF M ATERIAL AND C ONFIDENTIAL OR P ROPRIETARY I NFORMATION All materials submitted in response to this RFB will become the property of the City and will be returned only at n and at the expense of the Vendor submitting the RFB response. A copy of the RFB response will be retained for official files and become a public record. Any material that a Vendor considers as confidential but does not meet the disclosure exemption requirements of the California Public Records Act may be made available to the public, regardless of a notation or markings of confidentiality or otherwise. _________________________________________________________________________________________________ Page 4 of 17 ! -107 For Pesticides and Fertilizers on an As Needed Basis ________________________________________________________________________________________________ 1.7 B RAND N AMES Any reference to brand names and/or numbers in the solicitation is intended to be descriptive, but not restrictive, unless otherwise specified. RFB responses offering equivalent items meeting the standards of quality specified may be considered, unless other specified, providing the RFB response clearly describes the article offered and how it differs from the referenced brand. Unless a Vendor specifies otherwise, it is understood that the Vendor is offering a referenced brand item as specified in the solicitation. The City reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references, and the City may require the supply of additional descriptive material and a sample. 1.8 K NOWLEDGE OF R EQUIREMENTS The vendor shall carefully review all documents referenced and made a part of the solicitation document to ensure that all information required to properly respond has been submitted or made available and all requirements are priced in the RFB response. Failure to examine any documents, drawings, specifications, or Vendors shall be responsible for knowledge of all items and conditions contained in their RFB responses and in this RFB, including any City issued clarifications, modifications, amendments, or addenda. The City will provide notice of any changes and clarifications to perspective Vendors by way of addenda to the City website; however, ascertain that the RFB response includes all addenda issued prior to the RFB Due Date. 1.9 R ESERVATION OF R IGHTS The issuance of this RFB does not constitute an agreement by the City that any contract will be entered by the City. The City expressly reserves the right at any time to: Waive or correct any defect or informality in any response, RFB, or RFB procedure. Reject any or all RFBs. Reissue a Request for Bids. Prior to submission deadline for RFBs, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFB, or the requirements for contents or format of the RFBs. The City recognizes that price is only one of several criteria to be used in judging a product or service, and the City is not legally bound to accept the lowest RFB response. The City reserves the right to conduct pre-award discussions and/or pre-Contract negotiations with any or all responsive and responsible Vendors who submit RFB responses. _________________________________________________________________________________________________ Page 5 of 17 ! -107 For Pesticides and Fertilizers on an As Needed Basis ________________________________________________________________________________________________ Procure any materials, equipment or services specified in this RFB by any other means. Determine that no project will be pursued. ness prior to award or at any time during the contract term or any extension thereof, to determine the Vend 1.10 B USINESS L ICENSE A selected Vendor awarded a contract shall be required to obtain a Rancho Cucamonga Business License no later than five (5) business days from notification of award prior to being issued a Purchase Order. A selected Vendor must possess and maintain all appropriate licenses/certifications necessary in the performance of duties required under this RFB and will provide copies of licenses/certifications immediately upon request throughout the term of the Contract. Vendors shall be responsible for knowledge of all items and conditions contained in their RFB responses and in this RFB, including any City issued clarifications, modifications, amendments, or addenda. The City will provide notice of any changes and clarifications to prospective Vendors by way of addenda to the City Planet Bids; however, it is the B includes all addenda issued prior to the RFB due date. 1.11 P REVAILING W AGES Where labor is required for a public work as a part of any requirement covered by this RFB, pursuant to the provisions of the Labor Code of the State of California and/or the federal Davis-Bacon Act, a selected Vendor(s) shall pay no less than those minimum wages unless an exemption applies. Please note that much of the work procured through this RFB involves improvements to single-family homes. Accordingly, in certain cases an exemption from the prevailing wage requirement may apply to the scope of work. (See Cal. Labor Code § 1720(c)(1), (5); 42 USC § 5310(a). However, the City makes no representations in this RFB that such an exemption will apply or that prevailing wages will not be required for a scope of work covered by this RFB. 1.12 C ALIFORNIA'S P UBLIC R ECORDS A CT The City of Rancho Cucamonga complies with the California Public Records Act, Government Code Section 6250 et seq. Public records are open to inspection always during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. Neither an RFB in its entirety, nor proposed prices shall be considered confidential and proprietary. Notwithstanding the foregoing, companies are hereby notified that all materials submitted in response to this _________________________________________________________________________________________________ Page 6 of 17 ! -107 For Pesticides and Fertilizers on an As Needed Basis ________________________________________________________________________________________________ RFB are subject to California's Public Records Act. The City 's receipt, review, evaluation or any other act or omission concerning any such information shall not create an acceptance by the City or any obligation or duty to prevent the disclosure of any such information except as required by Government Code Section 6253. Companies who submit information they believe should be exempt from disclosure under the Public Records Act shall clearly mark each document as confidential, proprietary or exempt, and state the legal basis for the exemption with supporting citations to the California Code. Pursuant to California Law, if the information is requested under the Public Records Act, the City shall make a final determination if any exemption exists for the City to deny the request and prevent disclosure. The City will withhold such information from public disclosure under the Public Records Act only if the City determines, in its sole discretion, that there is a legal basis to do so. 2. RFB RESPONSE SUBMISSION REQUIREMENTS The following must be received no later than the due date and time specified in the Schedule of Events. RFB responses and associated documents must be submitted electronically through the bid system. The Vendor is solely responsible for ensuring that the full RFB response is received by the City in accordance with the solicitation requirements, prior to the date and time specified in the solicitation. 2.1 Exhibits A through G The following named Exhibits A through F are a requirement and must be complete and signed where required. Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A G. Failure to comply with this instruction will deem your RFB submittal as non-responsive. 2.1.1 N ON-D ISCLOSURE C ONFLICT OF I NTEREST Specify any possible conflicts of interest with your current clients or staff members and the City. A signed Exhibit A, Conflict of Interest and Non- included herein must be submitted under the Planet Bid Response Types, Exhibits A G. 2.1.2 S PECIFICATIONS Vendor shall review and complete Exhibit B, Standard Specification Form. Vendors must indicate compliance to a specification will mean fception is being taken. All exceptions where the exception is being taken. Failure to comply with this requirement will result in the response being rejected. _________________________________________________________________________________________________ Page 7 of 17 ! -107 For Pesticides and Fertilizers on an As Needed Basis ________________________________________________________________________________________________ 2.1.3 A DDENDUM A CKNOWLEDGEMENT The Vendor shall hereby acknowledge they have received all posted Addendums, if any. The Vendor understands failure to acknowledge any addenda issued may cause the response to be considered non- responsive. It is to log into the Bid System to identify, download and review the number of addenda that have been posted. Addenda issued in correspondence to this RFB shall be considered a part of this RFB and shall become part of any final Contract that may be derived from this RFB. Vendors must indicate their acknowledgement of any Addendums by way of signature on Exhibit C, Addendum Acknowledgement Form, and must be submitted under the Planet Bid Response Types, Exhibits A G. 2.1.4 S TANDARD T ERMS AND C ONDITION s Standard Terms and Conditions must be downloaded from the bid system and can be found under It is the Vendors responsibility for downloading and reviewing the Terms and Conditions and responding accordingly with signature of agreement or summary of exceptions. In submitting a response to this RFB, Vendor will be deemed to have agreed to each clause Conditions unless otherwise indicated in the Exhibit D, City of Rancho Cucamonga Terms and Conditions Exceptions . The City has the sole right to accept any exceptions or move forward without further negotiation. Failure to raise any objections at the time of this RFB response submittal will result in a waiver of objection to any of the contractual language in the ns at any other time. The signed Exception Summary must be submitted in Planet Bids system under Exhibits A G 2.1.5 P ARTICIPATION C LAUSE It is hereby understood that other governmental entities, such as cities, counties, and special school districts may utilize this RFB response at their option for equipment or services at the RFB response price. Said entities shall have the option to participate in any award made because of this solicitation. Any such piggy-back awards will be made independently by each agency, and the City is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy-back procurement. Each public agency shall accept sole responsibility of its own order placement and payments to the Vendor. A signed Exhibit E, Participation Clause must be submitted under the Planet Bid Response Types, Exhibits A G. 2.1.6 D EBARMENT AND S USPENSION Bidding Vendors must verify by way of signature to F, Vendor that they are not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 _________________________________________________________________________________________________ Page 8 of 17 ! -107 For Pesticides and Fertilizers on an As Needed Basis ________________________________________________________________________________________________ (3 CFR part 1989 Comp., p. 235), and that neither Vendor nor any of its proposed subcontractors are tax delinquent with the State of California. The signed exhibit must be submitted under the Planet Bid Response Types, Exhibits A G. 2.1.7 S IGNATURE OF A UTHORITY Completion of this RFB form and its associated Exhibits are a requirement. Failure to do so may disqualify your RFB response submittal. Vendors must submit responses by the due date and time as specified herein. Vendors will be considered non-responsive if the above requirements are not submitted as requested. If only one RFB response is received, the City reserves the right to return the RFB to the Vendor. An G, Signature of , must be submitted under the Planet Bid Response Types, Exhibits A G. _________________________________________________________________________________________________ Page 9 of 17 ! -107 For Pesticides and Fertilizers on an As Needed Basis ________________________________________________________________________________________________ , CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT It is the policy of the City of Rancho Cucamonga to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City Contracts, including, but not limited to Contracts for ProfVendors. I do not have specific knowledge of confidential information regarding RFB responses received in response to the Request for Bid RFB #20/21-107 for Pesticides and Fertilizers on an As Needed Basis. I agree not to disclose or otherwise divulge any information pertaining to the contents, status, or ranking of any RFB response to anyone. I understand the terms and "disclose or otherwise divulge" to include, but are not limited to, verbal conversations, written correspondence, reproduction of any part or any portion of any RFB response, or removal of same from designated areas. I, the undersigned, hereby certify that the following statements are true and correct and that I understand and agree to be bound by commitments contained herein. ______________________________________ (Print Name) ______________________________________ (Relationship to the City) ______________________________________ (Relationship to the Consultant) ______________________________________ (Signature) ______________________________________ (Date) Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A G. _________________________________________________________________________________________________ Page 10 of 17 ! -107 For Pesticides and Fertilizers on an As Needed Basis ________________________________________________________________________________________________ EXHIBIT B, SPECIFICATIONS WORKSHEET, or is being taken. All exceptions to the page and specification where the exception is being taken. Failure to comply with this requirement will result in the RFB response being rejected. S S D T A E O E / E SPECIFICATIONS COMMENTS E N C N X M E FERTILIZERS AND PESTICIDES PRODUCT AVAILABILITY All specified products must be readily available for pick-up or delivery at the en (10) business days from placement of the order. Product must be readily available for delivery or customer pick up at any of the Vendor locations within the above- mentioned timeframe. ALTERNATE PRODUCT SUBMISSION Alternate Products are those products that have a different formula than what is called out in item description. Those products will require the submittal of a product label and SDS with the bid response. These products also must be labeled for consumer market (i.e. Turf and Ornamental and/or Right-of-Way). No agriculture market products will be accepted. Finally, alternate products with a different formula from what is called out in the item description must be approved by a DPR licensed or certified City Staff member prior to award. _________________________________________________________________________________________________ Page 11 of 17 ! -107 For Pesticides and Fertilizers on an As Needed Basis ________________________________________________________________________________________________ DELIVERY When Delivery is required, deliver to: City of Rancho Cucamonga Corporate Yard, th 9153 9 St., Rancho Cucamonga, CA 91730 Receiving hours are between the hours of 6:30am and 3:30pm Mon Thu. NOTE The product listed may or may not be procured during the 20/21 fiscal year. Order quantities are not guaranteed, and purchases are made on an as needed basis only. Pricing shall be valid through June 30, 2021. Price increases will not be accepted during this period, ABSOLUTELY NO EXCEPTIONS WILL BE MADE. Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A G. _________________________________________________________________________________________________ Page 12 of 17 ! -107 For Pesticides and Fertilizers on an As Needed Basis ________________________________________________________________________________________________ EXHIBIT C, ADDENDUM ACKNOWLEDGEMENT The Vendor hereby acknowledges the following Addenda Number(s) to this RFB have been received, if any. Vendor understands failure to acknowledge any addenda issued may cause the RFB response to be considered non-s responsibility to log into the Bid system to identify and download the number of addenda that have been posted. ___________________ ___________________ ___________________ ___________________ ___________________________________ Signature ___________________________________ Printed Name ___________________________________ Title ___________________________________ Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A G. _________________________________________________________________________________________________ Page 13 of 17 ! -107 For Pesticides and Fertilizers on an As Needed Basis ________________________________________________________________________________________________ D, CITY OF RANCHO CUCAMONGA STANDARD TERMS AND CONDITIONS EXCEPTIONS SUMMARY Mark the appropriate choice, below: _____ Vendors accepts the Standard Terms and Conditions without exception. Submit a signed signature page of the Standard Terms and Conditions as Exhibit D, to show full agreement with all clauses and indicating you have no exceptions. OR _____ Vendors proposes exceptions to the Standard Terms and Conditions. Summarize all exceptions on a separate document. Enclose a written summary of each change and title as Vendors. Each exception must be labeled with the Section number listed in the Standard Terms and Conditions. Failure to properly reference exceptions in the submitted summary may deem the response as non-responsive. Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A G. _________________________________________________________________________________________________ Page 14 of 17 ! -107 For Pesticides and Fertilizers on an As Needed Basis ________________________________________________________________________________________________ E, PARTICIPATION CLAUSE It is hereby understood that other government entities, such as cities, counties, and special/school districts may utilize this RFB response at their option for equipment or services at the RFB response price for a period of ________ days. Said entities shall have the option to participate in any award made because of this solicitation. Any such piggy-back awards will be made independently by each agency, and the City of Rancho Cucamonga is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy-back procurement. Each public agency shall accept sole responsibility of its own order placement and payments of the Vendor. Successful Vendor will extend prices as proposed herein to other governmental agencies, please specify. YES __________ NO _________ Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A G. _________________________________________________________________________________________________ Page 15 of 17 ! -107 For Pesticides and Fertilizers on an As Needed Basis ________________________________________________________________________________________________ F, DEBARMENT and SUSPENSION CERTIFICATION FORM I certify that neither _____________________________ (Vendor) nor any of its proposed subcontractors are not currently listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Vendor nor any of its proposed subcontractors are tax delinquent with the State of California. I acknowledge that if Vendors or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Vendors or any of its subcontractors subsequently become delinquent in California taxes, our Bid will be disqualified. ___________________________________ Signature ___________________________________ Printed Name ___________________________________ Title ___________________________________ Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A G. _________________________________________________________________________________________________ Page 16 of 17 ! -107 For Pesticides and Fertilizers on an As Needed Basis ________________________________________________________________________________________________ G, SIGNATURE OF AUTHORITY The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this RFB response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the following RFB response. THE VENDORS IN SUBMITTING THIS RFB RESPONSE MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY DEEM YOUR RFB RESPONSE AS NON-RESPONSIVE. Address: Company Name: (Street, City, State, Zip) Telephone #: Fax #: E-mail address: Web Address: Authorized Representative: (print) Title: Signature: Date: _________________________________________________________________________________________________ Page 17 of 17 ! DATE:October 21, 2020 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jennifer Hunt Gracia, Community Services Director Katie Distelrath, Community Services Deputy Director SUBJECT:Consideration of Temporary Park Permitting for City of Rancho Cucamonga Businesses Displaced by Covid-19 Pandemic Program. (RESOLUTION 2020-108) RECOMMENDATION: Staff recommends the City Council approve the Temporary Park Permitting for City of Rancho Cucamonga Businesses Displaced by Covid-19 Pandemic Program. BACKGROUND: On March 17, 2020, the Health Officer of the County of San Bernardino issued a public health order to prohibit all public and private gatherings and required the closure of all bars, adult entertainment establishments, and other non-essential businesses to help prevent the spread of COVID-19. The public health order defines a “gathering” as any event or convening that brings or is likely to bring together two or more people from more than one household or living unit in a single room or space at the same time, such as an outdoor space used for non-essential purposes. On March 18, 2020, the City Council adopted Resolution 2020-14, proclaiming the existence of a local emergency due to COVID-19 pursuant to Government Code Section 8630. On March 19, 2020, Governor Newsom issued Executive Order N-33-20, requiring all individuals to stay home except as needed to maintain critical infrastructure and other essential sectors. Pursuant to Chapter 2. 36 of the Rancho Cucamonga Municipal Code, the City Manager is the Director of Emergency Services, and is empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property impacted by the emergency, provided that the City Council ratifies those actions. The Health Officer of the County of San Bernardino has amended and extended the public health order on several occasions, most recently on May 8, 2020, and it remains in effect until rescinded. On August 28, 2020, Governor Gavin Newsom released a new framework for reopening California called, “Blueprint for a Safer Economy.” Currently, San Bernardino County is in Tier 1 of community disease transmission, or “widespread.” With the constraints in place for businesses and places of worship located in Tier 1, staff is seeking alternate solutions to provide Rancho Cucamonga businesses and places of worship an opportunity to move their operations into public parks and outdoor facilities for a nominal fee. ANALYSIS: COVID-19 continues to impact our business community. As many businesses and places of worship have remained closed for indoor operations, Park Rangers and City staff have seen a significant increase in commercial use, such as personal training and organized group workout-type activities, in City parks and outdoor spaces. Per City of Rancho Cucamonga Municipal Code 12.04.010 Q, “it is unlawful for any person within the limits of any park, recreational trail, library or other recreation facility owned by the City to: sell or offer for sale any merchandise, article or thing of any kind of nature, including professional services.” It is in the best interests of the city and the business community to work with businesses to provide support where it is reasonably possible, in order to support these businesses as they seek to weather this economic storm and ultimately recover. On September 30, 2020, the City Manager, acting as the City's Director of Emergency Services, issued Executive Order 2020-5 to provide the following support to Rancho Cucamonga business customers: Authorize staff to implement a temporary permitting policy to allow for small business operations and places of worship in public recreation spaces, for a period not to exceed one month at a time. Monthly permits will be issued for a nominal fee of $25 each month. This temporary permit will provide relief and support to Rancho Cucamonga businesses by permitting space where they can provide their services. Applicants will fall under one of two tiers. o Tier 1: businesses in the city, with a physical building address, who cannot operate inside their business location because of the State, County and CDC Guidelines. To support Tier 1 businesses with overhead expenses, applicants will only be required to pay an application and permit fee. o Tier 2: businesses who currently offer a service in the city but do not have a physical business address where services are rendered. Tier 2 businesses that do not have the expenses of owning or operating services out of a building, will pay an application and permit fee along with hourly rates for the use of the park space. Both Tier 1 and Tier 2 businesses must have a current City of Rancho Cucamonga business license, provide insurance naming the City as additional insured and provide a safety plan to meet the State of California, County of San Bernardino and CDC Guidelines for safe Covid-19 operations. Businesses with approved permits under this program will expire once Public Health Orders allow businesses and places of worship to resume indoor operations. Staff will monitor the impacts of this temporary park permitting process and report back to the City Council on November 18, 2020 with a summary of use and any recommended modifications to best meet the needs of the community. FISCAL IMPACT: City will receive nominal fees for this program. Both tiers are subject to an initial application fee of $50.00 and every additional monthly permit will be subject to a $25.00 fee. Tier 2 applicants are subject to a $10.00 per hour fee. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item supports the Council's goal to work together cooperatively and respectfully with each other, staff and all stakeholders. Page 2 ATTACHMENTS: 1.Resolution 2020-108 2.Executive Order 2020-5 3.Blueprint for a Safer Economy Page 3 RESOLUTION NO. 20-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RATIFYING THE DIRECTOR OF EMERGENCY SERVICES’ EXECUTIVE ORDER 2020-5 TO SUSPEND BUSINESS LICENSE PENALTIES AND ADMINISTRATIVE CITATIONS, AND MODIFY REFUND PROCEDURES FOR THE COMMUNITY SERVICES DEPARTMENT DURING THE LOCAL EMERGENCY CAUSED BY THE COVID-19 PANDEMIC A.RECITALS: 1.International, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”). 2.On March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19. 3.On March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19. 4.On March 17, 2020, the Health Officer of the County of San Bernardino issued a public health order to prohibit all public and private gatherings and require the closure of all bars, adult entertainment establishments, and other business establishments that do not serve food, as well as movie theatres, gyms, and health clubs in response to help prevent the spread of COVID-19. 5.On March 18, 2020, the Rancho Cucamonga City Council adopted Resolution 2020-014, proclaiming the existence of a local emergency due to COVID-19 pursuant to Government Code Section 8630. 6.On March 19, 2020, the Governor issued Executive Order N-33-20 to implement directives developed by the State Public Health Officer that require all individuals living in the State of California to stay at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure and other essential sectors. 7.On May 8, 2020, the Health Officer of the County of San Bernardino amended and extended the public health order and that order remains in effect until rescinded. 8.On August 28, 2020, the Governor released a new framework for reopening California called, “Blueprint for a Safer Economy.” 9.Based on the foregoing, the Centers for Disease Control and Prevention, the California Department of Public Health, and the San Bernardino County Department of Public Health have all issued public health recommendations to the community including but not limited to staying home if sick, social distancing from non-family members, canceling or postponing events and gatherings, and taking other precautions to protect public health and prevent transmission of this communicable virus. 10.These public health recommendations and City orders impact daily life in the community as well as the livelihood and economic wellbeing of residents and businesses. 11.These orders have also resulted in the cancellation of various classes, activities, facility rentals, and theater programs offered by the City. 12.Loss of operation in indoor spaces as a result of COVID-19 may inhibit businesses from offering services in the City and sustaining their business model. 13.Pursuant to Chapter 2.36 of the Rancho Cucamonga Municipal Code, the City Manager is the Director of Emergency Services, and is empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council. 14.On September 30, 2020, the City Manager, acting in his capacity as the Director of Emergency Services, adopted Executive Order 2020-5 to authorize staff to implement a temporary permitting policy to allow for small business operations and places of worship in public recreation spaces for a period not to exceed one month at a time. Monthly permits will be issued for a nominal fee. The Director determined that this action was in the interest of our business community. 15.All legal prerequisites to the adoption of this Resolution have occurred. B.RESOLUTION: NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find and resolve as follows: 1.Findings: a.The facts set forth in the Recitals, above, are true and correct. b.The above described conditions warranted the Director of Emergency Services’ actions to suspend business license penalties and administrative citations to counter the significant economic impacts of the public health orders currently affecting businesses within the City. Page 2 2.Ratification of Executive Order: Executive Order 2020-5 issued by the Director of Emergency Services on September 30, 2020, as attached hereto as Exhibit A, is hereby ratified and confirmed pursuant to Chapter 2.36 of the Rancho Cucamonga Municipal Code and Government Code Section 8634. 3.Effective Date: This Resolution shall take effect upon adoption. 4.Certification: The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this twenty-first day of October, 2020. __________________________________ L. Dennis Michael, Mayor I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on October 21, 2020. AYES:COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: __________________________________ Janice C. Reynolds, City Clerk Page 3 EXHIBIT A EXECUTIVE ORDER 2020-5 Page 4 1 Tier 4 Minimal Indoors modifications modifications Open with Open with modificationsOpen with modificationsOpen indoors with Tier 3 Moderate Indoors Open with modificationsOpen with modificationsOpen indoors with modificationsOpen with modifications Tier 2 Substantial Indoors Max 50% capacity Open with modificationsOpen with modificationsOpen indoors with modificationsOpen with modifications % capacity Tier 1 25 Widespread Indoors modifications Max Open with modificationsOpen with Open Indoorswith modificationsOpen with modifications ) , except SECTORSCritical InfrastructureLimited ServicesHair Salons & BarbershopsAll Retail (including critical infrastructurestandalone grocers 2 Tier 4 Minimal Indoors Reduced capacity food courts (see restaurants) Open with modifications Open indoorswith modifications Open indoors with modifications Tier 3 Moderate capacity Closed common areasReduced capacity food courts (see restaurants)Indoor activities max 50% Open indoorswith modifications Open indoors with modificationsOpen indoorswith modifications food max Tier 2 capacity Substantial Max 50% capacityClosed common areasReduced capacity courts (see restaurants)Indoor activities25% Open indoors with modifications Open indoors with modificationsOpen indoors with modifications Tier 1 Widespread Indoors Max 25% capacityClosed common areasClosed food courts Open with modificationsOutdoor Only with modificationsOutdoor Only with modifications SECTORSShopping Centers (Malls, Destination Centers, Swap Meets)Personal Care ServicesMuseums, Zoos, and aquariums 3 capacitycapacitycapacity Tier 4 Minimal ax 50% ax 50% Fitness Centers (50%) MM++Spa facilities etc+Saunas+Spas+Steam roomsMax 50% Open indoors with modifications Open indoors with modifications Open with modifications:Open indoors with modifications or or capacitycapacity pools % capacity% Tier 3 5050 Moderate itness centers ax ax ndoor pools FIindoor M200 people, whichever is fewerM200 people, whichever is fewer+(+25%)+Max 25%+ Open indoors with modifications Open indoors with modifications Open with modificationsOpen indoors with modifications or capacity or capacity % Tier 2 25%10 Substantial itness centers ax 25% capacity modifications F M100 people, whichever is fewerMax 100 people, whichever is fewer+(+10%)Max Open indoors with modifications Open Indoorswith Open with modificationsOpen indoors with modifications Tier 1 Widespread modificationsmodifications Outdoor Only with modificationsOutdoor Only with modificationsOpen with Outdoor Only with s ovie theater SECTORSPlaces of WorshipMHotels and lodgingGyms and Fitness Centers 4 or for activities capacitycapacity % capacity Tier 4 Minimal 50 ax 50% ax MM200 people indoors, whichever is fewerMax 50%Max 50% capacityArcade GamesIce and roller skatingIndoor playgrounds Open indoors with modifications Open indoors with modifications Open indoors with modifications Open indoors with increased risk of proximity and mixingwith modifications or for naturally % capacity Tier 3 50 Moderate ndoors ax ax 25% capacity M200 people, whichever is fewerMindoors, or 100 people, whichever is fewerMax 25% capacityBowling AlleysClimbing Walls Open indoors with modifications Open indoors with modifications Open Outdoorswith modifications Open Idistanced activitieswith modifications or Tier 2 Substantial ax 25% capacity M100 people, whichever is fewerKart RacingMini GolfBatting Cages Open indoors with modifications Outdoor Only with modificationsClosedOutdoor Only with modificationse.g. Tier 1 Widespread modifications Kart RacingMini GolfBatting Cages Outdoor Only with Outdoor Only with modificationsClosedOutdoor Only with modificationse.g. no meal provided) , Breweries, and where SECTORSRestaurantsWineriesBarsDistilleries((follow restaurants where meal is provided)Family Entertainment Centers 5 capacity % Tier 4 Minimal modifications 50 ithout live audiences ith ax ncourage telework MEW W Open indoors with modificationsOpen indoors with modifications Open Tier 3 Moderate courage telework ithout live audiencesith modifications Max 25% capacityEnWW Open indoors with modificationsOpen indoors with modifications Open Tier 2 Substantial ithout live audiencesith modifications WW Outdoor Only with modificationsRemoteOpen Tier 1 Widespread ithout live audiencesith modifications W W Outdoor Only with modificationsRemoteOpen SECTORSCardrooms, Satellite WageringOfficesProfessional sports DATE: October 21, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY:Jennifer Hunt Gracia, Community Services Director SUBJECT:Consideration of a Request from Northtown Housing Development Corporation to Partner on a Weekly Baseball Clinic. RECOMMENDATION: Staff recommends the City Council approve a request from Northtown Housing Development Corporation (NHDC), a non-profit group, to partner with Community Services Department to offer a baseball clinic at Old Town Park. The partnership includes weekly use of Old Town Park, including field lights, at no cost. BACKGROUND: In 1993, the NHDC, formed with the vision to revitalize the Northtown community, located in the Southwest Cucamonga area. To date, the NHDC has built 423 affordable housing units, in partnership with the City of Rancho Cucamonga and Redevelopment Funding. Additionally, a 5,600 square foot community center, adjacent to Old Town Park, provides recreational activities and human services for Northtown residents. Shortly after the NHDC formed in 1993, the City of Rancho Cucamonga, Cucamonga School District and Northtown entered into an official partnership called the Northtown Partnership. The goal of the partnership was to offer cost effective programming and special events to the Northtown community. In 2012, the elimination of the Redevelopment Department resulted in a large decrease in available funding. At that time the City began applying for Community Development Block Grant (CDBG) funds for Northtown, which at a lower level of funding, to this day supports a lesser number of programs and activities. In October 2019, Northtown submitted a request for use of field space at Old Town Park to provide a Youth Baseball Clinic to NHDC residents. In December 2019, City Council approved NHDC’s request to utilize Old Town Park baseball field one day a week for two hours. This field use partnership between NHDC and City of Rancho Cucamonga concluded in April 2020. In March 2020, The Health Officer of the County of San Bernardino issued a public health order which prohibited all public and private gatherings and the closing of all non-essential businesses to help prevent the spread of COVID-19. Due to the COVID-19 pandemic, all City fields were closed and NHDC was unable to provide the baseball clinic to its residents. In August 2020, public health orders from the State of California allowed for youth sports to offer skills and drills with social distancing. The current orders would allow for the NHDC to provide the baseball clinic to its residents. In September 2020, NHDC submitted a request for use of field space at Old Town Park to provide “Camp Northtown” to children in the community to practice baseball on Sunday evenings from October 2020 through April 2021. ANALYSIS: To meet the request from the NHDS, the following park use and waived fees are outlined for City Council’s consideration: Use of Old Town Park, one (1) day a week (Sunday) for two (2) hours per use, for a total not to exceed $160 per month or $640 total for the seven (7) months of use Use of Old Town Park lights, when needed, at $27 per hour, for a total not to exceed $216 per month or $1,512 total for seven (7) months of use Waive the $20 Field Maintenance Fee per day for a total not to exceed $80 per month or $560 total for seven (7) months of use Waive the $200 Deposit Waive the $25 Application Fee FISCAL IMPACT: The City’s direct costs for field maintenance and light use will be less than $2,072 for the seven (7) months NHDC uses the field. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Partnering with Northtown Housing Development Corporation exemplifies Rancho Cucamonga’s commitment to work cooperatively and respectfully with each other, staff, and all stakeholders. ATTACHMENTS: Attachment 1- Request letter from Northtown Housing Development Corporation Page 2 DATE: October 21, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY:Jennifer Hunt Gracia, Community Services Director SUBJECT:Consideration of the Fourth Amendment to the Ground Lease Agreement with Goals Soccer Centers, Inc. RECOMMENDATION: Staff recommends the City Council approve the fourth amendment to the Ground Lease Agreement with Goals Soccer Centers, Inc. BACKGROUND: In 2016, Goals Soccer Centers, Inc. (Goals) entered into a ground lease with the City of Rancho Cucamonga to lease the City-owned land located at 8408 Rochester Avenue in Rancho Cucamonga to construct and operate a soccer center. The original agreement has been modified on three (3) separate occasions over the first four years and is scheduled to terminate on May 4, 2036. ANALYSIS: In March 2020, the Health Officer of the County of San Bernardino issued a public health order to prohibit all public and private gatherings and required the closure of non-essential businesses to help prevent the spread of COVID-19. Due to the COVID-19 pandemic, the Goals Soccer Center was required to close and discontinue offering services. There is presently no scheduled date when adult soccer games can resume. Due to the pandemic, the City and Goals would like to amend the Ground Lease to address the financial impacts to Goals. This amendment would provide a temporary reduction of 50% of the total base rent pursuant of Section 4.1 of the Ground Lease until the San Bernardino County Public Health Orders permit adults to participant in outdoor soccer games. When the health orders are lifted, the temporary reduction will permanently expire and Goals will once again pay the full monthly base rent. During the temporary fee reduction period, Goals Soccer Centers, Inc. is permitted to open any operations that meet State and County Public Health Orders. FISCAL IMPACT: Rent revenue will be reduced by $4,790 a month until the health orders are lifted. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Approving Amendment Number 4 to the Ground Lease between Goals Soccer Centers, Inc. and the City will address the City Council Goal of working together cooperatively and respectfully with each other, staff and all stakeholders. Goals Soccer Center is an amenity to the City that enhances recreational and sports recreation opportunities. ATTACHMENTS: Attachment - 1 Fourth Amendment to Ground Lease Agreement Attachment - 2 Ground Lease Agreement AMENDMENT NO. 4 TO GROUND LEASE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND GOALS SOCCER CENTERS, INC. This Amendment No. 4 (“Fourth Amendment”) to the Ground Lease Agreement between the City of Rancho Cucamonga and Goals Soccer Centers, Inc. dated May 4, 2016 (“Agreement”) executed by the City of Rancho Cucamonga (“Landlord”), a California municipal corporation, and Goals Soccer Centers, Inc. (“Tenant”), a Delaware corporation, is dated October 21, 2020 for reference purposes. R E C I T A L S A.The parties executed the Agreement to provide for Tenant’s lease of land from Landlord for the operation of a soccer sports complex. B.The parties amended the Agreement by a First Amendment to Ground Lease Agreement dated August 31, 2016, amended it by a Second Amendment to Ground Lease dated June 6, 2018, and amended it by a Third Amendment to Ground Lease dated May 15, 2019. C.The parties desire to establish a COVID-19 pandemic relief plan. NOW THEREFORE, the parties agree as follows: 1.Monthly Rent Abatement. Notwithstanding anything to the contrary in the Agreement, Tenant’s total monthly Base Rent payment under Section 4.1 of the Agreement shall be reduced by 50% beginning October 1, 2020 (“Temporary Reduction”). The Temporary Reduction will continue in effect until adults are permitted to participate in outdoor soccer games at private recreational facilities, such as Tenant’s facility, under applicable public health orders issued by the California Department of Public Health and San Bernardino County Public Health Officer in response to the COVID-19 pandemic or such public health orders no longer exist. Upon this occurrence, the Temporary Reduction shall permanently expire and Tenant will once again pay its full monthly Base Rent as if the Temporary Reduction did not apply. 2.Rent Increase. Landlord will defer the next Adjustment Date (as defined in Section 4.3 of the Agreement) for the Base Rent until the date when the Temporary Reduction period expires. 3.Matters Unaffected. The Temporary Reduction only affects the monthly Base Rent for the specified period. 4.Permitted Operations. During the Temporary Reduction period, Tenant is permitted to open any operations on the Premises that are permitted under applicable public health orders issued by the California Department of Public Health and San Bernardino County Public Health 11231-0001\\2462511v2.doc Office. Examples of permitted operations may include, but are not limited to, concessions, field rentals, conditioning and skill development, and clinics. 5.Effective Date. This Fourth Amendment shall be effective upon execution by the last party. 6.Preservation of Agreement. Except as expressly modified or supplemented by this Fourth Amendment, all of the provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Fourth Amendment and the provisions of the Agreement, the provisions of this Fourth Amendment shall control. TO EXECUTE THIS FOURTH AMENDMENT, the parties have cause their representatives to sign below. Goals Soccer Centers, Inc. ________________________________________________________________________ Andy Young, ChairElizabeth Romero, Director of Administration \[Pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.\] City of Rancho Cucamonga ____________________________________ L. Dennis Michael, Mayor Approved as to form: _____________________________________ James L. Markman, City Attorney Attest: ____________________________________ Janice C. Reynolds, City Clerk 11231-0001\\2462511v2.doc DATE:October 21, 2020 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jana Cook, Community Improvement Manager SUBJECT:Consideration to Approve a Professional Services Agreement with Silver & Wright LLP for Legal Services Related to the Municipal Code and Other Civil Matters. RECOMMENDATION: Staff recommends the City Council approve a Professional Services Agreement with Silver & Wright LLP commencing July 1, 2020 for legal services related to enforcement of the Municipal Code, including nuisance abatement, criminal prosecution, receivership action and other civil matters. BACKGROUND: Silver & Wright LLP is a law firm specializing in representing public entities in all matters relating to municipal code enforcement. Silver & Wright have successfully provided a full range of services for Community Improvement, including nuisance abatement warrants, criminal filings, and receivership actions. A contract was first signed with Silver & Wright in October 2016. Staff is requesting approval for an updated Professional Services Agreement to include the designation of Silver & Wright as the City Prosecutor for criminal actions. This request would provide appropriate indemnification to the City and the Consultant. ANALYSIS: The professional performance by staff of Silver & Wright has met expectations since the original contract was signed. Their actions on behalf of the City have resulted in the compliance of several problematic properties, in addition to the increase of neighborhood stability and public safety. Silver & Wright works to recover as much of the cost of services as possible. An example of their work includes the abatement of two properties under the Drug Abatement Act that had received numerous calls for drug activity. Their work resulted in full cost recovery of staff time and legal fees, as well as drug abatement penalties to fund other drug prevention and abatement programs. Approval of the Professional Services Agreement will allow this work to continue, as well as provide legal services to other City departments, such as the Sheriff’s Department, Animal Center and Building & Safety. FISCAL IMPACT: The cost of services has been budgeted for the Fiscal Year 2020/21 in various accounts for civil litigation and criminal prosecution. Additionally, as authorized by the California Government Code and the Rancho Cucamonga Municipal Code, Silver & Wright strongly pursue cost recovery for services required to bring a property into compliance or for the prosecution of criminal activity. Though the actual amount of recovery cannot be known, the City should see a large percentage of these funds returned to the General Fund each year. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council's goal of Enhancing Premier Community Status and Public Safety by engaging professional legal services to maintain community standards. ATTACHMENTS: Attachment – Professional Services Agreement DATE:October 21, 2020 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jennifer Hunt Gracia SUBJECT:Consideration of Amendment to Memorandum of Understanding Between the City of Rancho Cucamonga and the Rancho Cucamonga Community and Arts Foundation. RECOMMENDATION: Staff recommends the City Council approve the first Amendment to the Memorandum of Understanding between the City of Rancho Cucamonga and the Rancho Cucamonga Community and Arts Foundation. BACKGROUND: In June of 2019, City Council entered into a Memorandum of Understanding (MOU) between the City and the Rancho Cucamonga Community and Arts Foundation. The MOU identified roles between the two entities, limiting City staff involvement in the Foundation’s day-to-day oversight ultimately transferring those responsibilities to the Foundation itself. The MOU identified other types of City support that would aid the Foundation in its fundraising goals. Less than a year into the five-year term of the MOU, circumstances surrounding the COVID-19 Pandemic have presented challenges with both entities in fulfilling some of the obligations outlined in the MOU. ANALYSIS: In March 2020, the Health Officer of the County of San Bernardino issued a public health order to prohibit all public and private gatherings and required the closure of non-essential businesses to help prevent the spread of COVID-19. Due to the COVID-19 pandemic. Due to Covid-19, the 20/21 Lewis Family Playhouse season was cancelled for the safety of the actors, artistic teams, tech crews and audience members. There is presently no scheduled date when live theatre can resume. The recommended first amendment identifies changes to the existing MOU between the City and the Rancho Cucamonga Community and Arts Foundation. This amendment will expire May 21, 2021 with the option to extend pending review by the City. The recommended changes are as follows: City Roles and Responsibilities Recitals: The Recitals have changed to reflect the purpose and life of the amendment. City Meeting Support: The City shall continue to provide meeting space at the Victoria Gardens Cultural Center only and will not be relocated to any other City facility if there is a scheduling conflict. Meeting space is available Monday-Thursday provided the building is open and space is available. All room layouts will be subject to current safety guidelines. City Event Support: The City will no longer assist in the coordination of the Foundation’s Annual Golf Tournament for the life of the amendment. Space will be made available, provided the building is open, for a total of 2 (originally 3) Foundation events at Victoria Gardens Cultural Center and will not be relocated to another facility in a scheduling conflict. Any required sanitation costs accrued during a Foundation sponsored event will be at the Foundation’s expense. Any scheduled Foundation performance inside the Lewis Family Playhouse must adhere to current safety guidelines and there will be no performance inclusion in any City print materials. The Quakes’ Skybox will be unavailable for the life of the amendment. City Fundraising, Sponsorship, and Promotional Support: There will be no inclusion of Foundation information in the Lewis Family Playhouse Season Brochure or playbills. This section also references that there will be no inclusion in Artist Meet & Greets due to the Lewis Family Playhouse Season cancellation. Reporting Requirements: Reflects the Community Services Director will now provide a report to the Foundation at year’s end only if funding is provided. Foundation Roles and Responsibilities Lewis Family Playhouse: Reflects flexibility in notice of intended Foundation performance. Reporting Requirements: Reflects that City will meet deadlines to supply necessary information required for the Foundation to meet its Annual Reporting deadline to City. Mutual Support Provided Funding Support Provided to City: Changed to relieve Foundation of its annual financial obligation to the City, citing that any funding requests by City be on a case by case basis. The Foundation’s funding support, if any, shall include funds for one hundred (100) percent of any sponsorships or donations received, by the Foundation, during the 20/21 Fiscal Year intended for City program use, and ninety-five (95) percent of all grant funds received by the Foundation in collaboration with the City. Dissolution Verbiage requiring 48 hours’ notice to the City of intended dissolution with opportunity for the City to negotiate disbursement of funds has been added. Tax Status A statement regarding the Foundation certification of its tax status as a 501(c)(3) has also been added. Authority of City Manager This statement has been added to give the City Manager authority to give consents, approvals and disapprovals on behalf of the City for amendments to the MOU in the future. FISCAL IMPACT: The amendment will relieve the Foundation of its financial obligations to the City, however, this will not affect City budgets negatively due to the suspension of programming inside the Lewis Family Playhouse. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The City of Rancho Cucamonga value to work together cooperatively and respectfully with each other, staff and all stakeholders while supporting equitable prosperity for all. ATTACHMENTS: Attachment - 1 - RCCAAF Amendment No. 1 Attachment - 2 - MOU – City of RCCAAF – Final Signed - 06192019 Page 2 AMENDMENT NO.1 TO MEMORANDUM OF UNDERSTANDING between CITY OF RANCHO CUCAMONGA and RANCHO CUCAMONGA COMMUNITY AND ARTS FOUNDATION This Amendment No.1 (“First Amendment”) to the Memorandum of Understanding (Ref. 19- 087) dated June 19, 2019 by and between the City of Rancho Cucamonga (“City”), a municipal corporation organized under the laws of the State of California, and the Rancho Cucamonga Community and Arts Foundation (“Foundation”), a California nonprofit organization, is made and entered into this 21st day of October, 2020. A.RECITALS. (i.)On June 19, 2019, City and Foundation entered into the above referenced Memorandum of Understanding (“MOU”), which has never been amended. (ii.)Due to changes in City’s operation at Victoria Gardens Cultural Center as a result of COVID-19, safety restrictions imposed, and fiscal impacts, the parties hereto desire to amend the above referenced MOU and thereby temporarily relieve both parties of specified obligations listed in the MOU. (iii.)Foundation currently supplies Funding Support to City, and receives Meeting Support, City File Support, and Event Support from City. (iv.)Sections and subsections of the MOU not referred to herein shall remain in full force and effect as originally agreed upon in the MOU. (v.)This First Amendment shall last through May, 2021, and may be extended pending review by City and Foundation. B.AMENDMENT NO. 1. NOW, THEREFORE, the parties hereto agree as follows: 1.Sections A. 2.a.-c. (City Roles and Responsibilities/ Meeting Support) of the MOU hereby are amended to read as follows: a.If requested by the Foundation, the City shall make available a meeting room at Victoria Gardens Cultural Center for Foundation Board Meetings up to five (5) times per fiscal year (currently scheduled for September, November, February, April and June, but subject to change by agreement of the parties). b.Any and all meeting rooms made available for Foundation meetings will be at Victoria Gardens Cultural Center. In the event of a scheduling or staffing conflict, the meeting room will not be moved to another City facility. c.Meeting space will be available Monday through Thursday, provided that the Foundation’s meetings may not interfere with previously scheduled events at the Victoria Gardens Cultural Center. Foundation meetings must conclude prior to 8:00 p.m., unless otherwise approved by the Community Services Director in advance of 11231-0001\\2454551v4.doc the meeting. Layouts for any meetings scheduled must abide by all safety restrictions mandated by the City, which will be guided by current safety practices designated by State and local health officials. 2.Sections A.4.a.-d. (City Roles and Responsibilities/ Event Support) of the MOU hereby are amended to read as follows: a.Golf Tournament Fundraiser. The Foundation determined in January 2020 that it would not be holding its annual Golf Tournament Fundraiser event in October 2020. Therefore, the City will not provide Staff support for the event. b.Special Events. i.The City shall make available a rental space at Victoria Gardens Cultural Center for up to two (2) Foundation events during the term of this First Amendment, based on availability of rental spaces and the events’ ability to accommodate the City’s safety protocols in place at time of booking and through the duration of the events. The City’s facility rental fee and deposit shall be waived for Foundation events. Only rental spaces at the Victoria Gardens Cultural Center will be made available. Use of additional City facilities or requests for additional events shall require submittal of a written proposal for approval by the Community Services Director. ii.The rental space shall be inclusive of tables and chairs arranged in a layout approved by the City and that follows current safety protocols mandated by the City, which will be guided by current safety practices designated by State and local health officials. Rental space shall also be inclusive of other City owned equipment, if available, such as built-in PA system, microphone, lectern, small stage riser, and basic lighting. Any additional items will be subject to the current City Fee Schedule. The Foundation shall also be responsible for direct costs, including printing and postage, as well as any staff charges incurred. Based on the nature of any booked events and sanitation requirements in place at the time of the events, sanitation and cleaning costs will be the responsibility of the Foundation. c.Skybox. i.Use of the City’s Skybox Suite at LoanMart Field will not be available during the 2020 Rancho Cucamonga Quakes season, which has been cancelled. d.Foundation Presented Performance at the Lewis Family Playhouse. i.Use of the Lewis Family Playhouse for a Foundation presented guest artist, with proceeds to benefit Foundation, will require the submission of a written proposal for approval by the Community Services Director or their designee. Use of the Lewis Family Playhouse stage is limited to one (1) use per year. Except for the facility rental, the Foundation shall be responsible for all other costs and expenses, including the City’s, associated with the Foundation Presented Performance. Use of any and all rented spaces must comply with safety protocols mandated by City, which will be guided by current safety practices designated by State and local health officials. 11231-0001\\2454551v4.doc ii.The City shall not include the Foundation Presented Event in any of its print marketing. 3.Sections A.5.f.-g. (City Roles and Responsibilities/ Fundraising, Sponsorship, and Promotional Support) of the MOU hereby are amended to read as follows: f.Season Brochure and Playbill Inclusion. i.As a result of the cancellation of the 2020/2021 season at the Lewis Family Playhouse, the City will not publish a Season Brochure or Performance Playbills. Therefore, the City shall not provide the Foundation with marketing exposure in these printed sources. g.Meet and Greet Invitations to Spotlight Donors. i.As a result of the cancellation of the 2020/2021 season at the Lewis Family Playhouse, no Meet and Greets will be scheduled. 4.Section A.7. of the MOU (City Roles and Responsibilities/ Reporting Requirements) hereby is amended to read as follows: Reporting Requirements. In the event that the Foundation provides funding support during the term of this First Amendment, the Community Services Director shall present an annual report to the Foundation at a Foundation board meeting detailing how the funds were utilized at the Victoria Gardens Cultural Center during the previous fiscal year. 5.Section B.3.a. (Foundation Roles and Responsibilities/ Lewis Family Playhouse) of the MOU hereby is amended to read as follows: a.During the term of this First Amendment, the City will be flexible with its due date for written notice of the Foundation’s intent to use the Lewis Family Playhouse for a Foundation Presented Performance. Written notice shall indicate the type of show the Foundation intends to present. 6.Section B.7. (Foundation Roles and Responsibilities/ Reporting Requirements) of the MOU hereby is amended to read as follows: Reporting Requirements. The Foundation shall provide an annual report, detailing all Foundation funds raised and allocated, in fulfilling the Foundation’s mission. The report shall be provided to the Community Services Director annually within three (3) months following the close of the prior fiscal year. The City agrees to provide approved requested information to the Foundation necessary for the compilation of the report in a timely manner that allows the Foundation to meet its reporting deadline to the City. 7.Sections C.2. a.-b. (Mutual Support Provided/ Funding Support Provided to the City) of the MOU hereby are amended to read as follows: a.The Foundation is relieved of its obligation to provide a total of $47,500 in funding support (exclusive of grants and sponsorships received in collaboration with the City) for arts programs at the Victoria Gardens Cultural Center through the term of this First Amendment. The Foundation will consider funding support should the 11231-0001\\2454551v4.doc City provide proposals for such programming. The Foundation acknowledges that in the absence of funding support, the City is relieved of its obligations of services and other in-kind goods that would otherwise not have exceeded the value of the original funding total. Both parties agree to address the needs and requests of the other on a case-by-case basis. b.The Foundation’s funding support, if any, shall include funds for one hundred (100) percent of any sponsorships or donations received, by the Foundation, during the 20/21 Fiscal Year intended for City program use, and ninety-five (95) percent of all grant funds received by the Foundation in collaboration with the City. 8.Dissolution. The Foundation agrees to provide written notice to the City within forty-eight (48) hours of any decision to dissolve as a 501(c)(3) entity, and will allow the City to negotiate disbursement of any monies held in fund originally raised with the intent to award as funding support to the City. 9. Tax Status. The Foundation certifies that its 501(c)(3) status is in good standing and will produce current tax filings, upon request by the City. 10. Authority of City Manager. The City Manager shall have the authority to give consents, approvals and disapprovals on behalf of the City hereunder, and to enter into non-substantial amendments of the this MOU on behalf of the City; provided that in each case they are expressed and in writing. 11.Term. The term of this First Amendment shall be from the effective date set forth in the preamble through May 31, 2021, unless extended in writing by both the City and the Foundation. IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed by their duly authorized officers as of the day and date in the preamble of this First Amendment. 11231-0001\\2454551v4.doc TO EXECUTE THIS FIRST AMENDMENT, the parties have cause their representatives to sign below. Rancho Cucamonga Community and Arts Foundation. ________________________________________________________________________ Tina Chen, Chair Susan Sluka Kelly, Executive Director \[Pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.\] City of Rancho Cucamonga ____________________________________ L. Dennis Michael, Mayor Approved as to form: _____________________________________ James L. Markman, City Attorney Attest: ____________________________________ Janice C. Reynolds, City Clerk 11231-0001\\2454551v4.doc DATE:October 21, 2020 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Lori Sassoon, Deputy City Manager/Administrative Services SUBJECT:Consideration to Approve an Allocation Agreement between the County of San Bernardino and the City of Rancho Cucamonga related to the CARES Act Coronavirus Relief Fund for Local Governments. RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to execute the Allocation Agreement and authorize the appropriation of the additional CARES Act funding. BACKGROUND: The Coronavirus Aid, Relief, and Economic Security Act, otherwise known as the CARES Act, was passed by Congress and signed into law on March 27, 2020. The $2 trillion economic relief package provides economic assistance to workers, families, businesses, states, and industries in response to the health and economic impacts of COVID-19 and includes $150 billion for payments to State and certain local governments for specific uses. As part of the State’s 2020 Budget Act, $500 million of the State’s CARES Act funding was distributed to California cities that did not receive a direct allocation from the Federal CARES Act, including Rancho Cucamonga. Under the formula identified in the 2020 Budget Act, Rancho Cucamonga was allocated $2,167,450 in CARES Act funds. In July of 2020, the City Council approved an expenditure plan for this CARES Act funding, with approximately $200,000 in funds to be used for City COVID expenses, and the balance of approximately $1.9 million allocated toward the RC CARES Initiative. RC CARES has focused on providing economic relief to residents and businesses in the community that have been impacted by COVID-19. RC CARES programs have included residential rental assistance, assistance for residents in paying back rent (rental forgiveness), matching funds for businesses participating in the County’s COVID-Compliant Business Partnership Program, grants for costs related to outdoor business operations, and rental forgiveness for back rent for businesses. To date, more than $1 million in funds have been distributed in the community through the RC CARES program, with the full $1.9 million expected to be distributed by the end of October. More than 30 City staff across virtually every City department are now working to review, process, and pay out RC CARES assistance through this program. ANALYSIS: On September 29, 2020, the San Bernardino County Board of Supervisors approved an allocation of $23.3 million to cities within the County on a population basis. These funds are meant to reimburse cities for their claimable CARES Act costs from March 1, 2020 through December 30, 2020. The County has determined that Rancho Cucamonga is eligible to receive $2,167,193 in CARES Act funding through this program. Approval of the attached Allocation Agreement provides the mechanism by which this reimbursement will be received. To date, the City has incurred considerable unreimbursed costs related to COVID-19, including masks, PPE, supplies, public information, disinfecting and cleaning services, and employee testing. In addition, the City has incurred nearly $1 million in tracked staff time that cannot be reimbursed by FEMA under its Local Assistance Program, as regular staff time is not generally eligible for reimbursement. Given the enormous staffing resources already being focused on the RC CARES program, it would be challenging to allocate staff time to document and submit these various COVID expenses to the County for reimbursement by its deadline under the Allocation Agreement. However, under the US Treasury guidelines for recipients of CARES Act funds, there is a presumption that public safety employees are substantially dedicated to the public health emergency, and, therefore, public safety expenses are eligible to be reimbursed with CARES Act funding. Given that presumption, it is recommended that the City submit for the full $2.1 million to reimburse that amount in law enforcement costs through the Sheriff’s Department contract. FISCAL IMPACT: Approval of this agreement will result in the potential receipt of $2,167,193 in CARES Act funding from the County of San Bernardino. Actual receipt of these funds will be pending approval and payment of invoices by the County. Since these funds are one-time revenues for expenses already incurred by the City, it is recommended that they are used to repay reserves as follows: Funds will first be utilized in lieu of planned use of the City’s Reserve for Changes in Economic Circumstance. For FY 2020/21, $1,149,100 was planned to be utilized from this reserve to balance the City’s General Fund budget as it continues to deal with the adverse economic consequences of the pandemic. We would instead utilize a portion of the CARES Act funding reimbursement in FY 2020/21, eliminating the planned use of reserves. Secondly, funds would be used to replenish the City’s Law Enforcement Reserve. The Law Enforcement Reserve has been the City’s source of funding for the Police Department’s share of the costs associated with the Public Safety Facility being constructed on the west side of the city. To date, $4,984,900 has been committed to the project from this reserve. The remaining $1,018,093 of the County CARES funding reimbursement will be utilized to replenish a portion of the reserve funds used for the Public Safety Facility project. The following appropriations are necessary to receive the grant funds and to replace/replenish the usage of reserves as noted above: 1275000-4750/2050-0$2,167,193 Federal Grants Fund – Grant Income (CARES Act) 1275503-9001/2050-4204$1,149,100 Transfer Out-General Fund 1275503-9017/2050-4204$1,018,093 Transfer Out-Law Enforcement Reserve 1001000-8275 $1,149,100 Transfer In-Federal Grants Fund (CARES Act) 1017000-8275 $1,108,093 Transfer In-Federal Grants Fund (CARES Act) COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Approval of this agreement supports the Council’s goal of promoting and enhancing a safe and healthy community for all, by providing funding to offset some of the City’s COVID-related expenditures. ATTACHMENTS: Attachment – Allocation Agreement THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number CARES21-ALLC-RAN SAP Number County Administrative Office Department Contract Representative Monique Amis Telephone Number 909-387-4883 Contractor City of Rancho Cucamonga Contractor Representative Lori Sassoon, Deputy City Manager Telephone Number909-774-2400 Contract Term Effective Date through June 30, 2021 Original Contract Amount Based on agreed-upon allocation Amendment Amount Total Contract Amount Based on agreed-upon allocation Cost Center ALLOCATION AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND CITY OF RANCHO CUCAMONGA RELATED TO THE CARES ACT CORONAVIRUS RELIEF FUND FOR LOCAL GOVERNMENTS WHEREAS, on March 4, 2020, the State of California declared a state of emergency as a result of the COVID-19 outbreak and on March 10, 2020, the County of San Bernardino (County) proclaimed the existence of a local emergency resulting from Coronavirus Disease 2019 (COVID-19); and WHEREAS, on March 27, 2020, the United States Congress passed the Federal Coronavirus Aid, Relief, and Economic Security (CARES) Act in response to the COVID-19 pandemic; and WHEREAS, pursuant to Section 5001 of the CARES Act, the County received a disbursement from the United States Department of the Treasury of money associated with the Coronavirus Relief Fund (Fund) for Local Governments under Section 601(a) of the Social Security Act, some of which may be transferred to other public entities for certain CARES Act purposes; and WHEREAS, the Federal Catalog of Federal Domestic Assistance (CFDA) number for the Fund is 21.019; and Rev. 5/8/20Page 1 of 6 WHEREAS, the CARES Act provides that payments from the Fund may only be used to cover costs that: i) are necessary expenditures incurred due to the public health emergency with respect to COVID-19; ii) were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act); and iii) were incurred during the period that begins March 1, 2020, and ends December 30, 2020; and WHEREAS, on September 29, 2020, the Board of Supervisors for the County approved the transfer from the Fund in an amount not-to-exceed $2,167,193, to support the community’s response to the COVID-19 pandemic, and WHEREAS, County desires to transfer and CITY OF RANCHO CUCAMONGA, hereinafter called Entity, desires to accept an amount of CARES Act Fund dollars to provide COVID-19 emergency response to the residents of the County and Entity. NOW, THEREFORE, in consideration of the above, the County and Entity agree as follows: 1.The CARES Act Fund. a.This Agreement applies to the following CARES Act Fund transfers: i.The transfer by the County of an amount not-to-exceed $2,167,193 to the Entity based on on the State of California’s initial CARES Act distribution to cities to support the community with responding to the COVID-19 pandemic as defined in and limited by the CARES Act. ii.The transfer by the County of an amount not to exceed $2,167,193 to the Entity on a reimbursement basis. The Entity shall generate a monthly report (Report) of actual cash expenditures to date under this Agreement, and estimated cash expenditures through December 30, 2020. The Report shall provide sufficient information to explain that the requested reimbursement complies with the definitions and limitations in the CARES Act. The Entity shall provide Report to County according to the following schedule: October 31, 2020, November 30, 2020; and any other subsequent report as requested by the County. iii.County, through its Chief Executive Officer (CEO), in the CEO’s sole discretion, reserves the right to reduce the transfer amount identified in this Agreement with fifteen (15) days advance written notice provided to the Entity. The reduction would be based: A) on Entity’s estimated cash expenditures through December 30, 2020 as identified in the October 31, 2020 and November 30, 2020 reports; or B) a later determination by the United States Department of the Treasury, County, or Entity that the costs identified in this Agreement are ineligible for CARES Act funding. b.The Entity certifies in this Agreement and shall certify in each Report, that the use of funds submitted for reimbursement from the Fund will be used only to cover those costs that: i) are necessary expenditures incurred due to the public health emergency with respect to the COVID-19; ii) were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act); and iii) were incurred during the period that begins March 1, 2020, and ends December 30, 2020. For purposes of this Agreement and pursuant to federal guidance, a cost is “incurred” when the entity has expended funds to cover the cost. c.The Entity agrees that the funds provided pursuant to this Agreement cannot be used: i) as a revenue replacement for lower than expected tax or other revenue collections; or ii) for expenditures for which the Entity has received any other emergency COVID-19 supplemental funding (whether state, federal or private in nature) for that same expense. Rev. 9/24/20 Page 2 of 6 d.The Entity shall prepare and submit to County an invoice for reimbursement of eligible funding expenses identified in Paragraph 1.a., above. Invoices may be submitted to County as frequently as monthly. County will review invoices for compliance with existing CARES Act eligibility guidelines. Upon review/approval by County, County shall reimburse to Entity within thirty (30) days of the completion of the County’s review, the amount of the invoices submitted. Approval and transfer of funds to Entity does not guarantee or imply U.S. Treasury approval of the use of funds. 2.Both County and the Entity agree to comply with any and all CARES Act requirements, as well as any and all applicable County, Entity, State, and Federal laws, regulations, policies and procedures pertaining to the expenditures and reimbursements described in this Agreement. County and Entity shall comply with 2 CFR Part 200 - Uniform Administrative requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), including, but not limited to 2 CFR §200.303 (internal control), §200.330 thru §200.332 (subrecipient monitoring and management), and subpart F (audit). The reimbursements under this Agreement do not include Research and Development as defined in 2 CFR §200.87, nor do they include indirect costs. The expenditures and reimbursements must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any use of funds provided to the Entity or its subcontractor(s) that do not adhere to official federal guidance or requirements shall be returned to the County. County and the Entity also agree that as additional federal guidance becomes available, an amendment to this Agreement may become necessary. a.The Entity shall retain documentation of all uses of the funds reimbursed by the County, including but not limited to invoices and/or sales receipts in a manner consistent with §200.333 Retention requirements for records of 2 CFR Part 200 and/or Memorandum OIG-CA-20-021 issued on July 2, 2020 by U.S. Treasury (https://www.treasury.gov/about/organizational-structure/ig/Pages/CARES-Act- Reporting-and-Record-Keeping-Information.aspx). Such documentation shall be produced to County upon request and may be subject to audit. Unless otherwise provided by Federal or State law (whichever is the most restrictive), the Entity shall maintain all documentation connected with its performance under this Agreement for a minimum of five (5) years from the date of the last payment made by County or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of the County, the State or the United States Government during normal business hours at Entity. Copies will be made and furnished by the Entity upon written request by County. b.The Entity shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support Entity’s requests for reimbursement which segregate and accumulate costs of Entity and produce the Reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by the Entity. c.The Entity shall cooperate in having an audit completed by County, at County’s option and expense. Any audit required by the CARES Act will be completed by the Entity at Entity’s expense. d.The Entity shall repay to County any reimbursement for CARES Act funding that is determined by subsequent audit to be unallowable under the CARES Act within the time period required by the CARES Act, but no later than one hundred twenty (120) days of Entity receiving notice of audit findings, which time shall include an opportunity for the Entity to respond to and/or resolve the findings. Should the findings not be otherwise resolved and the Entity fail to reimburse moneys due County within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between both parties or required by the CARES Act, County reserves the right to withhold future payments due to the Entity from any source under County’s control. Rev. 9/24/20 Page 3 of 6 3.This Agreement may be terminated by County, through the County’s CEO, for any reason, with a thirty (30) day written notice to Entity of termination. Upon such termination, appropriate reimbursements may still be made to the Entity prior to the effective date of termination. This Agreement may also be terminated immediately by County in the event of a breach of the Agreement terms by the Entity. In such event, County shall be entitled to pursue any available remedies authorized by law or regulations. 4.This Agreement is from the Effective Date defined in Paragraph 11 through June 30, 2021. County shall only reimburse costs incurred through December 30, 2020. Paragraphs 2a through 2d, 4 and 5 shall survive the termination of this Agreement. 5.County agrees to indemnify, defend (with counsel reasonably approved by ENTITY) and hold harmless the Entity and its officers, employees, agents, and volunteers from any and all claims, actions or losses, damages, and/or liability resulting from the County’s negligent acts or omissions which arise from County’s performance of its obligations under this Agreement. The Entity agrees to indemnify, defend (with counsel reasonably approved by County), and hold harmless County and its officers, employees, agents, and volunteers from any and all claims, actions or losses, damages, and/or liability resulting from the Entity’s negligent acts or omissions which arise from Entity’s performance of its obligations under this Agreement. In the event the County and/or Entity is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the County and/or Entity shall indemnify the other to the extent of its comparative fault. 6.This Agreement shall be governed by the laws of the State of California. Any action or proceeding between the County and Entity concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement, shall be instituted and tried in the appropriate state court in the County of San Bernardino, California. 7.During the term of the Agreement, the Entity shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. The Entity shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. 8.The Entity certifies that neither it nor its principals or subcontracts is presently disbarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov). Any contracts funded by this Agreement shall be with vendors that meet this certification. 9.If any word, phrase, clause, sentence, paragraph, section, article, part or portion of this Agreement is or shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and shall in no way affect or impair the validity of this Agreement or any other portion thereof. Rev. 9/24/20 Page 4 of 6 10.The recitals of this Agreement are incorporated into the body of this Agreement by this reference. 11.This Agreement shall take effect on the latest date it is signed and approved by either party’s authorized representatives (Effective Date). 12.Time is of the essence for each and every provision of this Agreement. 13.Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any party. 14.No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 15.Nothing contained in this Agreement shall be construed as a relinquishment of any rights now held by the County or Entity. 16.This Agreement and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Agreement not expressly set forth herein are of no force or effect. This Agreement is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Agreement and signs the same of its own free will. 17.This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request. Rev. 9/24/20 Page 5 of 6 IN WITNESS WHEREOF, the County of San Bernardino and the Entity have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf. COUNTY OF SAN BERNARDINO CITY OF RANCHO CUCAMONGA John Gillison, City ManagerLeonard X. Hernandez, Chief Executive Officer Dated: Dated: FOR COUNTY USE ONLY Approved as to Legal FormReviewed for Contract ComplianceReviewed/Approved by Department County Counsel DateDateDate Rev. 9/24/20 Page 6 of 6 DATE:October 21, 2020 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Fabian Villenas, Principal Management Analyst SUBJECT:Consideration to Approve a Resolution Requesting Modifications to the Governor's Blueprint for a Safer Economy in Order to Allow for Sub-Regional Flexibility and a More Consistent and Expeditious Process for Reopening the Economy. (RESOLUTION NO. 2020-106) RECOMMENDATION: Staff recommends that the City Council approve Resolution No. 2020-106 requesting modifications to Governor Newsom’s Blueprint for a Safer Economy in order to allow for sub-regional flexibility and a more consistent and expeditious process for reopening California’s economy. BACKGROUND: In an effort to slow the spread of COVID-19, on March 19, 2020, Governor Newsom issued Executive Order N-33-20, which put in place “stay-at-home” orders, requiring the closure of all non-essential businesses. This had essentially closed most of the state’s businesses and caused the economy to suffer a sudden and deep recession. On April 14, 2020, Governor Newsom released an outline of six indicators that the State would have to meet before modifying the stay-at-home order. Some of the indicators included are: The ability to monitor communities through testing and contact tracing; Hospital and health systems having the capacity to handle surges; and Businesses, schools and childcare facilities being able to support physical distancing. This approach to reopening California’s economy was eventually replaced with the recent announcement of the Blueprint for a Safer Economy. ANALYSIS: On August 29, 2020, Governor Newsom unveiled the Blueprint for a Safer Economy (Blueprint), a statewide plan that imposes risk-based criteria on tightening and loosening COVID-19 allowable activities and expands the length of time between changes to assess how any movement affects the trajectory of the disease. The Blueprint creates a new system for regulating movement and COVID-19 transmissions. It includes: 1.At least 21 days to expand activities beyond the initial tier to ensure that California better limits the spread of the virus; 2.Metrics such as case rates and test positivity are used to measure how widespread COVID-19 is in each county and guide what is allowed to reopen; 3.A uniform state framework, with four categories or tiers; and 4.A new process for tightening back up again quickly when conditions worsen. Based on data, each county falls into one of four colored tiers – Purple (widespread), Red (substantial), Orange (moderate) and Yellow (minimal) – based on how prevalent COVID-19 is in each county and the extent of community spread. That color will indicate how sectors can operate. San Bernardino County is currently in the Purple tier. The Blueprint does not consider unique circumstances that a large county, such as San Bernardino County has. San Bernardino County is the largest county in the United States, nearly the size of West Virginia, and twice as large as Inyo County, the second largest county in California. San Bernardino County is geographically diverse, with large suburban communities part of the Los Angeles metro area, and smaller mountain communities and isolated desert communities far from other populated areas. Even within its suburban communities, there are significant differences in COVID-19 infection rates. For example, the City of Rancho Cucamonga has experienced lower rates of COVID-19 cases than the County average. The City currently has a rate of 16.34 cases per 1,000 population as compared to the County average of 26.66 cases per 1,000 population. This is amongst the lowest in the County. The City also has a lower 3.8% positive test rate compared to the County’s positive test rate of 8.42%. On September 7, 2020, an adjustment to the Blueprint was made, establishing a benchmark on overall testing rates as an additional criterion was added that counties must meet before reopening businesses, schools, and other activities. The statewide testing rate average is now a non-fixed moving target and is adjusted based on testing volume per 100,000 population. If a county does not meet the State’s median threshold, its case rate is adjusted by a specific factor, penalizing counties whose case rate is under the state threshold. This resolution calls on Governor Newsom to allow for communities that have historically experienced low rates of COVID-19 infection to be permitted to reopen independent of the county they are located in. It also urges Governor Newsom to make the reopening process for counties more stable and predictable, including requesting that the testing metric be a fixed number rather than the shifting median testing number of all 58 California counties that has been put in place. And lastly, the resolution requests that the Governor provide guidance for convention centers, places of worship, and other meeting facilities to safely reopen for indoor operations with proper protocols and capacity limits that will ensure the public’s safety. FISCAL IMPACT: This item has no fiscal impact. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Advocating for a safe and fair reopening of California’s economy ensures that the City of Rancho Cucamonga continues to be a world class community and create opportunities for all to thrive. ATTACHMENTS: Attachment – Resolution No. 2020-106 Attachment – Map comparing size of San Bernardino County to other California counties RESOLUTION NO. 2020-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REQUESTING MODIFICATIONS TO THE GOVERNOR’S BLUEPRINT FOR A SAFER ECONOMY IN ORDER TO ALLOW FOR SUB- REGIONAL FLEXIBILITY AND A MORE CONSISTENT AND EXPEDITIOUS PROCESS FOR REOPENING THE ECONOMY A.RECITALS: 1.International, national, state, and local health and governmental authorities have been responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “Coronavirus Disease 2019,” abbreviated COVID-19, (“COVID-19”). 2.The Rancho Cucamonga City Council acknowledges the seriousness of the COVID-19 pandemic and the public health impact it is having in the United States, the State of California, San Bernardino County, and in the City of Rancho Cucamonga. 3.As the State reopens the economy based on safety indicators, the City of Rancho Cucamonga appreciates the State’s partnership with local government and the consideration given to the varying individual needs of California’s diverse geographic regions. 4.San Bernardino County is the largest county in the United States and is 86 times larger than San Francisco County, nine times larger than Ventura County, and more than four times larger than San Diego County, all of which are currently operating at a less restrictive tier with similar or worse incidences of COVID-19 than many communities in San Bernardino County, including Rancho Cucamonga. 5.The City of Rancho Cucamonga recognizes that the impact of COVID-19 varies by community, as is demonstrated by County data, with many communities, including those in remote parts of San Bernardino County, have experienced infection rates lower than other parts of the county. 6.The City of Rancho Cucamonga qualifies for a less restrictive tier for reopening, having experienced a lower rate of COVID-19 cases than the County average, with a rate of 16.34 cases per 1,000 population compared to San Bernardino County’s rate of 26.66 cases per 1,000 population, and a lower 3.8% positive test rate compared to the County’s positive test rate of 8.42%. 7.On August 28, 2020, Governor Newsom issued a new framework entitled “Blueprint for a Safer Economy” (Blueprint), to allow for the “safe progression of opening up more businesses in each county so impacts of any given change can be fully evaluated”. 8.This Blueprint requires California’s counties to meet state benchmarks in overall case rates and testing positivity rates in order to move into less-restrictive tiers. 9.On September 7, 2020 Governor Newsom announced an adjustment to this Blueprint, adding a benchmark on overall testing rates as an additional criteria each county must meet in order to reopen businesses, schools and other activities. 10.The statewide testing rate average is a non-fixed moving target, with it being adjusted based on testing volume per 100,000 population. 11.If a county does not meet the State’s median threshold for testing rate average, its case rate is adjusted by a specific factor thereby penalizing counties whose case rate is under the state threshold and therefore not allowing the County, or any of its communities, to advance to the next tier. 12.To date, convention centers, places of worship and other meeting facilities have not received guidance from the State from the state on resuming indoor operations in a safe manner. B.RESOLUTION: NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find and resolve as follows: 1.Findings: a.The City Council recognizes the continued need to support thoughtful and strategic physical distancing measures, testing, contact tracing, and limits on large gatherings in order to continue to effectively manage the COVID-19 disaster and protect the lives of Californians. b.The City Council requests Governor Newsom to make the process counties must follow to reopen businesses more stable and predictable. c.The City Council requests that the testing metric be attached to a consistent, fixed number rather than the constantly shifting median testing number of all 58 California counties. d.The City Council requests that Governor Newsom allow communities that have experienced low rates of infection to reopen independently of the county they are located in. e.The City Council is also requesting that the State provide further guidance for convention centers, places of worship and other meeting facilities to safely reopen for indoor operations with proper protocols and capacity limits that will ensure the public’s health and safety. 2.Effective Date: This Resolution shall take effect upon adoption. 3.Distribution: Copies of this resolution shall be sent to Governor Gavin Newsom, Senator Mike Morrell, Assembly Members Chris Holden and James Ramos, State Assembly and Senate Leadership, and League of California Cities Executive Director Carolyn Coleman. 4.Certification: The City Clerk shall certify to the adoption of this Resolution. st PASSED, APPROVED, AND ADOPTED this 21 day of October 2020. DATE:October 21, 2020 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Hope Velarde, Management Analyst I SUBJECT:Consideration to Approve a Resolution Supporting California's Proposition 20 on the November 2020 Ballot. (RESOLUTION NO. 2020-107) RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 2020-107 supporting California’s Proposition 20 on the November 2020 ballot. BACKGROUND: Proposition 20 (Prop 20) is an initiative on the November 4, 2020 California Statewide General Election Ballot. The intent of Prop 20 is to fix very specific flaws contained in previous criminal justice reform measures Proposition 47 (Prop 47), Proposition 57 (Prop 57), and Assembly Bill 109 (AB 109). Taken together, Prop 47, Prop 57 and AB 109 have reshaped how cities approach public safety issues in the State of California. While the identified measures have resulted in measurable and positive impacts to California’s criminal justice system, most significantly in the area of prison overcrowding, the cumulative effect of these legislative actions have also had significant adverse effects at the local level, resulting in increased public safety costs and challenges. In response, a coalition led by the Cities of Arcadia, Glendora, and Monrovia developed Taking Back our Community Coalition in 2017. On November 15, 2017, the City Council approved the agreement with the City of Monrovia to join the Taking Back our Community Coalition, with the purpose of addressing the unintended consequences of changes made to California’s criminal justice system through the enactment of Prop 47, Prop 57 and AB 109. ANALYSIS: Prop 20, would correct four components of Prop 47, Prop 57 and AB 109 that adversely impact public safety and victims: Reclassifies currently “non-violent” crimes like rape of an unconscious person, sex trafficking of a child and felony domestic violence as “violent” – to prevent the early release from prison of inmates convicted of these crimes. Restores consequences to serial theft by allowing a felony conviction when a person is convicted for the third time stealing with a value of $250. Reinstates DNA collection for those convicted of “indicator” misdemeanor theft, drug and domestic violence crimes that have proven to help solve other more violent crimes and to exonerate those wrongly accused. Requires a mandatory hearing to determine whether parole should be revoked for any parolee who violates the terms of parole for the third time. FISCAL IMPACT: None. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses City Council Public Safety Goal by proactively advocating for State legislative changes to improve law enforcement’s ability to respond to crime. ATTACHMENTS: Attachment – Resolution No. 2020-107 Attachment – Prop 20 Factsheet RESOLUTION NO. 2020-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING CALIFORNIAS PROPOSITION 20 ON THE NOVEMBER 2020 ’ BALLOT WHEREAS, protecting every person in our state, including our most vulnerable children, from violent crime is of the utmost importance. Rapists, child molesters and other violent criminals should not be released early from prison; and WHEREAS, recent changes to parole laws allow the early release of dangerous criminals by the law’s failure to define certain crimes as “violent,” and these changes allowed individuals convicted of sex trafficking of children, rape of an unconscious person, felony assault with a deadly weapon, and felony domestic violence to be considered “nonviolent” offenders; and WHEREAS, as a result, these “nonviolent” offenders are eligible for early release from prison after serving only a fraction of the sentence ordered by a judge; and WHEREAS, violent offenders are also being allowed to remain free in our communities even when they commit new crimes and violate the terms of their post release community supervision; and WHEREAS, Proposition 20 reforms the law so felons who violate the terms of their release will be brought back to court upon their third violation and can be held accountable for such violations; and WHEREAS, nothing in the Proposition is intended to create additional “strike” offenses which would increase the state prison population; nor is it intended to affect the ability of the California Department of Corrections and Rehabilitation to award educational and merit credits; and WHEREAS, recent changes to California law allow individuals who steal repeatedly to face few consequences, regardless of their criminal record or how many times they steal; and WHEREAS, as a result, between 2014 and 2019, California saw a 30% increase in certain theft and property crimes, while most states have seen a steady decline; and WHEREAS, according to the California Department of Justice, the value of property stolen has increased 25% since 2014; and WHEREAS, grocery store operators and other retail outlets around the state have seen unprecedented increases in the amount of losses associated with shoplifting in their stores, with some reporting up to 150 percent increases in these losses from 2012 to present, with the largest jumps occurring since 2014; and WHEREAS, shoplifting incidents have started to escalate in such a manner that have endangered innocent customers and employees; and WHEREAS, California needs stronger laws for those who are repeatedly convicted of theft related crimes, which will encourage those who repeatedly steal to support their substance abuse problem to enter existing treatment programs, and this Proposition would enact such reforms; and WHEREAS, collecting DNA from criminals is essential to solving violent crimes, and over 450 violent crimes including murder, rape and robbery have gone unsolved because DNA is being collected from fewer criminals; and WHERAS, DNA collected in 2015 from a convicted child molester solved the rape-murders of two six year-old boys that occurred three decades ago in Los Angeles County; and DNA collected in 2016 from an individual caught driving a stolen car solved the 2012 San Francisco Bay Area rape-murder of an 83-year-old woman; and WHEREAS, recent changes to California law unintentionally eliminated DNA collection for theft and drug crimes, but this Proposition restores DNA collection from persons convicted for such offenses; and WHEREAS, permitting collection and more DNA samples will help identify suspects, clear the innocent and free the wrongly convicted; and WHEREAS, this Proposition does not affect existing legal safeguards that protect the privacy of individuals by allowing for their removal of their DNA profile if they are not charged with a crime, are acquitted or are found innocent. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, HEREBY RESOLVES to support California’s Proposition 20 on the November 2020 ballot. THEREFORE, BE IT FURTHER RESOLVED that the City of Rancho Cucamonga supports and can be listed as a member of the Keep California Safe Coalition. st PASSED, APPROVED, and ADOPTED this 21 day of October 2020. ______________________________________ L. Dennis Michael, Mayor ATTEST: _________________________________ Janice C. Reynolds, City Clerk Bo!Jojujbujwf!gps!Qvcmjd!Tbgfuz WJPMFOU!DSJNF !Fyqboet!uif!mjtu!pg!wjpmfou!dsjnft!gps!xijdi!fbsmz!sfmfbtf!jt!opu!bo!pqujpo ! gps!fbsmz!sfmfbtf !Hjwft!wjdujnt!sfbtpobcmf!opujdf!pg!jonbuft“!sfmfbtf!boe!uif!sjhiu!up!tvcnju!b! 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B • making — Currently, assault of a peace officer, child trafficking, felony domestic violence and other similar crimes are not classified as “violent felonies” criminals convicted of these crimes eligible for early release under Proposition 57 Why:• Expands the list of violent crimes for which early release is not an optionGives victims timely notice of inmates’ release and the right to submit a confidential statement to the Board of Parole Hearings What the Initiative Does Violent Crimes: •• Under Prop. 47 acts of theft are separate and dollar amounts do not aggregate Why:• – Revises the theft threshold by adding a felony for serial theft when a person is convicted for the third time stealing with a value of $250 What the Initiative Does Serial Theft: • AB 109 bases parole solely on an offender’s commitment offense, resulting in the release of inmates with serious and violent criminal histories Why:• The initiative requires the Board of Parole Hearings to consider an inmate’s entire criminal history when deciding parole, not just their most recent commitment offense; and requires a mandatory hearing to determine whether parole should be revoked for anyone who violates parole for a third time What the Initiative Does Parole Violations: • Studies have shown that DNA collected from theft and drug crimes helped solve other violent crimes Why:• Reinstates DNA collection for certain crimes that were reduced to misdemeanors as part of Prop. 47 What the Initiative Does DNA Collection: • not it does – it addresses — put additional people in prison not It was carefully drafted to fix very specific flaws repeal Props 47 or 57 It does specific components to early release and parole, not prison sentencing. It keeps people in prison who have committed truly violent crimes What the Initiative Does Not Do:•• Staff recommends City Council approve the Resolution Supporting California’s Proposition 20 on the November 2020 Ballot Recommendation• QUESTIONS? DATE:October 21, 2020 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Lori Sassoon, Deputy City Manager/Administrative Services Robert Neiuber, Human Resources Director SUBJECT:Consideration of a Resolution Adopting a Joint Powers Agreement and Bylaws for the California Intergovernmental Risk Authority, which permits the joining of Public Agency Risk Sharing Authority of California and the Redwood Empire Municipal Insurance Fund. (RESOLUTION NO. 2020-109) RECOMMENDATION: Staff recommends the City Council approve a resolution adopting a Joint Powers Agreement and Bylaws for the California Intergovernmental Risk Authority (CIRA), which permits the merger and joining of the Public Agency Risk Sharing Authority of California (PARSAC) and the Redwood Empire Municipal Insurance Fund (REMIF). BACKGROUND: The City participates in an intergovernmental arrangement through which a group of cities and towns (referred to as the members) contribute to a shared fund that pays for liability and workers’ compensation claims and provides risk management services. That fund is referred to as a pool. Pools are empowered to exist through the sections of the California Government Code that permit a joint powers authority (JPA), which allow two or more like entities to pool funds to pay for claims. This pool functions as an extension of the City of Rancho Cucamonga and is governed by a board of directors comprised of members in the pool. The primary purpose of any public entity pool is to manage and reduce underlying risks to the benefit of public entity members and the public at large by creating, fostering, and managing safe environments in order to minimize personal, physical, and property damages and losses. The Redwood Empire Municipal Insurance Fund (REMIF) is a public entity pool representing 15 small to medium sized cities/towns and provides workers’ compensation coverage, and includes liability coverage and other services. The Public Agency Risk Sharing Authority of California (PARSAC) is a public entity pool representing 34 small to medium sized cities/towns and one fire district which provides liability coverage. Coverage includes workers’ compensation coverage and other services. PARSAC and REMIF provide a pooled liability program, pooled workers’ compensation program, coverage for group purchased property, Board of Directors public officials’ errors and omissions, auto physical damage, special events, fidelity bonds, cyber liability and other ancillary benefits. In addition, REMIF has a pooled medical/health program. Through PARSAC’s fiscally conservative approach, their liability and workers’ compensation programs are funded in excess of the 90% confidence level. Page 1 of 2 Both pools focus on managing and maintaining a financially stable risk sharing pool for members, and the boards of directors have conservative funding and investment philosophies. They share a similar philosophy to embrace diverse opinions, have discussions that are constructive and collaborative, encourage participation from the members, balance member interests with those of the pool and work together towards a greater good. Both pools also share a similar culture in that the pools are member owned, member governed, member driven and exist to serve their members. The organizations are also similar in that they serve small to medium sized cities/towns, and share a similar footprint in Northern California, while PARSAC has presence throughout the State. A comparison matrix of the lines of coverage and services offered by both pools are attached to this staff report. ANALYSIS: Given the similarities between the two agencies, REMIF and PARSAC explored a strategic partnership, which led to a proposed merger between the two organizations. The Board of Directors for the pools directed the creation of a new pool (called the California Intergovernmental Risk Sharing Authority or CIRA) effective 07/01/21. There will be great benefits in sharing resources, sharing expenses and drawing on strengths. Benefits also include succession planning, more robust, stable programs, shared training resources, long term program sustainability, and eliminating redundancies. The intent of a merger between PARSAC and REMIF is to have long term stability, sustainability and adding depth and breadth to the agencies, with the singular goal of better serving their members. To proceed, the individual members must seek adoption of the CIRA agreements, attached hereto. Council is asked to adopt the CIRA Joint Powers Agreement and Bylaws, and further direct staff to work with the CIRA on steps necessary to complete the merger. The merger will consolidate the operations and expenses of both pools. CIRA will work towards eliminating redundant expenses which will lower long term operating costs. Consolidating operations will also achieve greater economies of scale, improve service delivery, and CIRA will be in better position to leverage its larger size for better services, rates and coverage with service providers and excess insurers. A larger organization will also result in more predictable funding and reserving forecasts (with more available data), which reduces the likelihood of future assessments. The merged organization will be more fiscally viable and provide greater long-term stability and sustainability. Staff recommends the City Council approve the attached resolution adopting the Joint Powers Agreement and Bylaws which permit joining CIRA. FISCAL IMPACT: Adoption of this agreement will result in long-term costs savings for the City. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: WORKING TOGETHER COOPERATIVELY AND RESPECTFULLY WITH EACH OTHER, STAFF, AND ALL STAKEHOLDERS The City carries out its mission and works towards its vision, and is guided by working together cooperatively and respectfully with each other, staff, and all stakeholders. ATTACHMENTS: Attachment 1 – Resolution No 2020-109 Attachment 2 - California Intergovernmental Risk Authority Joint Powers Agreement Attachment 3 - California Intergovernmental Risk Authority Joint Powers Agreement Bylaws, Attachment 4 - Comparison Matrix of Lines of Coverage and Services Offered Page 2 of 2 RESOLUTION NO. 20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A JOINT POWERS AGREEMENT AND BYLAWS FOR CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY, WHICH PERMITS THE JOINING OF THE PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA AND THE REDWOOD EMPIRE MUNICIPAL INSURANCE FUND WHEREAS, the City of Rancho Cucamonga (the “City”) is a party to the Joint Powers Agreement creating the Public Agency Risk Sharing Authority of California, dated November 19, 1993 (the “Joint Powers Agreement”), and as such, is a Member Agency of the Public Agency Risk Sharing Authority of California (“PARSAC”), as that term is defined in the Joint Powers Agreement; and WHEREAS, PARSAC and Redwood Empire Municipal Insurance Fund (“REMIF”) have engaged in a strategic partnership, leading to a proposed merger between the two organizations; and WHEREAS, The Board of Directors for PARSAC and REMIF have directed the creation of a new pool called the California Intergovernmental Risk Sharing Authority (“CIRA”), effective 07/01/21; and WHEREAS, each Member Agency of PARSAC is required to adopt the CIRA Joint Powers Agreement and Bylaws to complete the merger; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California to approve adoption of the Joint Powers Agreement and Bylaws for the California Intergovernmental Risk Authority (CIRA), which permits the merger and joining of the Public Agency Risk Sharing Authority of California (PARSAC) and the Redwood Empire Municipal Insurance Fund (REMIF). Please see the following page for formal adoption, certification and signatures th PASSED, APROVED AND ADOPTED this 21 day of October, 2020. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, Mayor ATTEST: Janice Reynolds, City Clerk I, Janice Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of st Rancho Cucamonga, at a Meeting of said Council on the 21 day of October, 2020. Executed this 21st day of October, 2020, at Rancho Cucamonga, California. Janice Reynolds, City Clerk Resolution No. 20-XXX - Page 2 of 2 BYLAWS of the CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY ARTICLE I. PREAMBLE The California Intergovernmental Risk Authority (“CIRA” or “the Authority”) is established for the purposes and under the authorities described in its Joint Exercise of Powers Agreement (“Agreement”). The Agreement specifies that Bylaws will govern many of the operations of the Authority, and defines certain terms used in these Bylaws. ARTICLE III. NEW MEMBERS Any California public agency that provides municipal services may become a Member of the Authority by agreeing to be bound by the Governing Documents and by complying with all of the following requirements: A. Submit a completed application for membership 90 days before the start of the fiscal year, including any required application fee; B. Submit a signed resolution acknowledging participation under the terms and conditions which then prevail; C. Execute the Agreement then in effect and agree to be bound by any subsequent amendments to the Agreement; D. Agree to be a Member for at least five consecutive fiscal years after commencement of membership or, if a member of the Public Agency Risk Sharing Authority of California (PARSAC) or the Redwood Empire Municipal Insurance Fund (REMIF) as of June 30, 2021, for two fiscal years after that date; E. Be accepted for membership by a two-thirds vote of the Board of Directors; F. Appoint, in writing, a representative to act as Director on the Authority’s Board and another to act as alternate Director in the absence of the Director, who shall be officers or employees of the Member; and G. Ensure the Director and alternate Director file with the Authority the required Fair Political Practices Commission (FPPC) forms upon assuming office, annually, and upon termination of office. Before the Board votes on a potential Member’s application, there shall be a review and interview of the applicant, in accordance with the Underwriting Guidelines, including the applicant’s most recent audited financial statement and associated management letters. This review may also include a safety inspection of the facilities of the applicant. A two-thirds vote of the Board of Directors is required to approve the 1 65365.00002\\33006226.3 application, based upon the application, and any inspections, reports, or other material pertinent to the decision. ARTICLE IV. MEMBER RESPONSIBILITIES Each Member is responsible for the following: 1. Cooperation with the Authority, its insurers, adjusters and legal counsel in determining the cause of losses in settling claims, and supporting effective risk management and risk transfer decisions; 2. Timely payment of all contributions, assessments, interest, penalties, or other charges imposed consistent with the Governing Documents; 3. Providing the Authority with statistical and loss experience and other data as requested. 4. Execution of a membership resolution for each Program in which the Member participates. 5. Appointing a representative and alternate to represent the Member on the Authority’s Board, expressly authorizing such representatives to act on behalf of the Member on all matters coming before the Board, and assuring that its representative or alternate regularly attend meetings of the Board and any committee to which a representative has been appointed. 6. Execution of amendments to this Agreement as set forth in Article XV; provided, however, the Member may, by resolution or ordinance, authorize its representative on the Board to approve and execute amendments on behalf of the Member without the necessity of a resolution or ordinance of the legislative body of the Member confirming or ratifying such amendment. 7. As required by the Authority, undertake risk management audits of its facilities and activities, conducted by a person and/or firm approved by the Authority and provide evidence of correction, elimination and/or clarification of all noted deficiencies or recommended corrections to the satisfaction of the Authority. 8. Use of an Authority-approved third-party claims administrator. 9. Payment for the costs of staffing and supporting the Authority (“general expenses”) shall be funded by the Members in accordance with the Board’s allocation of general expenses to the Authority’s various Programs. ARTICLE V. GOVERNING BOARD A. The governing body of the Authority shall be the Board of Directors (Board). The Board shall be comprised of one Director from each Member. Each Director has one vote. An alternate Director may cast a vote only in the absence of the Director. Each Director and alternate Director must be an officer or employee of the Member. A Member may change any of its representatives to 2 65365.00002\\33006226.3 the Board only by written notification to the Authority from the Member’s governing body or the Member’s Chief Executive Officer or equivalent. B. The Board shall provide policy direction for the General Manager, the Executive Committee, any other standing committees, and any administrative or legal service providers to the Authority. The Board may delegate any or all of its responsibilities, except those requiring a vote by the Board as specified in the Governing Documents. C. As to Program-specific agenda items, only the Directors representing Members that participate in that Program may vote, and as to such items a quorum shall be determined by reference to the number of Members participating in the Program. As to agenda items relating to all liabilities and obligations of CIRA existing prior to the Effective Date (“Preexisting Obligations”), only Directors representing Members who were members of the Authority prior to the Effective Date may vote, and as to such items, a quorum shall be determined solely by reference to the number of Members that were members of the Authority prior to the Effective Date. D. The Board reserves unto itself the authority to do the following (except where specifically noted, a simple majority of the Board present at a meeting may take action): 1. Accept a new Member to the Authority (two-thirds vote of the Board); 2. Accept indebtedness (two-thirds vote of the entire Board); 3. Adopt a budget; 4. Amend these Bylaws; 5. Elect and remove Officers; 6. Expel a Member from the Authority (two-thirds vote of the Board); 7. Approve dissolution of Authority (two-thirds vote of the entire Board); and 8. Approve financing costs from one Program to another (Program to Program borrowing) if such financing extends beyond a twelve-month period. E. The Board will meet at least once a year to review the operations of the Authority. The Board will establish a time and place to hold such regular meetings. The Board Secretary will mail notices of all Board meetings to each Member, keep minutes of the meetings, and send copies of such minutes to the Members. F. A special meeting may be called by the president or by a majority of the Board with twenty-four (24) hours’ notice, stating the purpose, date, time, and place of the meeting, provided such notice is in writing. G. Every Member is expected to have its Director or alternate attend Board meetings. 3 65365.00002\\33006226.3 H. All meetings of the Board shall be conducted in accordance with the Ralph M. Brown Act (Government Code §54950 et seq.) I. A quorum shall consist of a majority of the Directors then appointed and serving, without counting vacancies. All matters within the purview of the Board may be decided by a majority vote of a quorum of the Board, except as specified otherwise in the Governing Documents. ARTICLE VI. OFFICERS A. The officers of the Authority shall consist of a President, a Vice President, a Treasurer, an Auditor/Controller, and a Secretary. The Board shall elect the President, Vice-President, Treasurer, and Auditor/Controller. The President, Vice-President, and Auditor/Controller must be directors on the Board. The Treasurer may be a Director, an employee of the Authority, or an employee of a Member, and if the Treasurer is an employee of a Member the employee need not be the Member’s designated representative on the Board. The General Manager shall serve as Secretary. B. Initial officers shall serve staggered terms with the President and Treasurer serving a two-year term and Vice President and Auditor/Controller serving a one-year term. The terms of office for subsequent officer elections shall be two years. The President and Auditor/Controller will be elected in odd-numbered years and the Vice President and Treasurer will be elected in even- numbered years. C. Initial officers (other than the Secretary) shall be elected at the first meeting of the Board of Directors. At least 30 days before each subsequent election, the President may appoint a nominating committee as set forth in these Bylaws or propose a slate informally. D. The nominating committee’s nomination of candidates for elected officer positions shall be made in writing, and the slate of nominees will be sent to each Member at least seven (7) days before the last regular Board meeting of the fiscal year. Additional candidates for any of the offices may be made by an open nomination and second from the floor at the time of the meeting. E. The election of officers will be held at the last regular Board meeting of the fiscal year in which their terms expire or at a special meeting called for that purpose. Those candidates receiving a majority of votes cast for each office will succeed to those offices. If no nominee receives a majority of the vote, the nominee with the least votes shall be deleted as a nominee and a new vote taken. This elimination process will continue until one nominee receives a majority vote. Each Director or, in the absence of that Director, the Director’s alternate, shall be eligible to vote. F. Each elected officer will serve until the next election of officers, or termination of his or her employment with the Member, or until removal from office by a majority vote of the Board, whichever is earliest. G. The Board shall make the appointment to a vacancy in the office of the President. Vacancies in any other office shall be filled by appointments by the President with ratification by the Board at 4 65365.00002\\33006226.3 the next Board meeting held after the vacancy occurs. In the event that the Board fails to ratify an appointment, the President shall make another appointment which will be subject to ratification by the Board. H. The President shall preside at all meetings of the Authority. The President shall, with the consent of the Board or Executive Committee, appoint representatives to the board of any joint powers authority of which the Authority is a Member, and shall make all Committee appointments with the exception of the Executive Committee. The President shall execute documents on behalf of the Authority as authorized by the Board and shall serve as the primary liaison between the Authority and any other organization. The President shall serve as a member of the Executive Committee and as a nonvoting ex-officio member of all other Committees. I. In the absence or temporary incapacity of the President, the Vice-President shall exercise the functions of the President. The Vice-President shall serve as member of the Executive Committee and as a nonvoting ex-officio member of all other committees when the President is unable to attend. J. The Auditor/Controller shall be responsible for the duties and functions prescribed by Government Code Section 6505.6, as well as any other duties as may be specified by the Board or the Executive Committee. The Auditor/Controller may appoint an assistant to serve as needed, provided such assistant shall not be an employee or public official of the same Member as the Auditor/Controller. In the absence of both the President and Vice President at any one meeting, the Auditor/Controller shall preside over that meeting only and shall have powers and duties as may be required by the Board for this purpose. If the President, Vice-President, and Auditor/Controller will be absent from any one meeting, any of them may designate a director to preside over the meeting, but the designated director shall have only the powers and duties as may be required by the Board for this purpose. K. The Secretary shall be responsible for preparing all minutes and agendas of the Board, the Executive Committee, and any other Committee meetings, preparing necessary correspondence, and maintaining files and records. L. The Treasurer shall have no vote on the Board or Executive Committee unless the Treasurer is a designated representative of a Member to the Board. The Treasurer shall have the responsibility to establish and maintain such funds and accounts as may be required by accepted accounting practices and procedures prescribed by the Government Accounting Standards Board and by the Board. Separate accounts shall be established and maintained for each Program Year of each Program. Books and records of the Authority in the hands of the Treasurer or other designated person shall be open to inspection at all reasonable times by members of the Board or authorized representatives of the Members. The Treasurer shall disburse Authority funds, accounts, and property, in accordance with the Government Code and at the direction of the Board. M. An Officer Emeritus is a retired or former member of the Authority’s or REMIF’s Executive Committee or Board of Directors, preferably an Officer, having served three terms or more on the Executive Committee or six years on the Board for each agency. The Officer Emeritus serves to maintain the institutional knowledge, culture, and practice of CIRA. The Officer Emeritus is 5 65365.00002\\33006226.3 independent and does not represent any Member. The Officer Emeritus attends and may participate in meetings but does not vote. The Officer Emeritus may represent CIRA as directed and may serve as a mentor or advisor as needed and available. The Officer Emeritus receives a stipend as determined by the Board via resolution and reimbursement for reasonable travel expenses. The Executive Committee shall appoint up to two Officers Emeritus to be affirmed by the Board. The Officer Emeritus position will be re-evaluated by the Board after five years. ARTICLE VII. COMMITTEES A. Executive Committee. There shall be an Executive Committee to conduct the day-to-day business of the Authority. The Board may create other committees, standing or temporary, as it deems necessary. B. All committee meetings shall be conducted in accordance with applicable law, including but not limited to the Ralph M. Brown Act (Government Code § 54950, et seq.). For all committees, a quorum shall consist of a majority of committee members then appointed and serving, without counting vacancies. All matters within the purview of a committee may be decided by a majority vote of a quorum of the committee, except as specified otherwise in the Governing Documents. C. The Executive Committee shall be composed of thirteen members including the President, Vice- President, Treasurer (if a Board Member), and Auditor/Controller, and nine (or ten, if necessary) otherindividuals, all of whom must be Directors and not alternates. Five of the nine shall be elected by the Board in even numbered years and four (or five, if necessary) shall be elected by the Board in odd numbered years. One each shall be elected by the Directors in each of three regions designated by the Board. One each shall be elected by the Directors in each of three size categories (small, medium, and large) designated by the Board. Three (or if necessary four) shall be elected at large. Executive Committee members may be re-elected without restriction. All nine shall be elected in the first election following adoption of these Bylaws, with either four or five being designated to serve an initial term of one year until the next election depending on whether the next year is odd or even. For the first two elections after these Bylaws become effective on July 1, 2021, at least five members of the Executive Committee shall be from former members of the Redwood Empire Municipal Insurance Fund. No Member shall be represented by more than one member on the Executive Committee. D. Members of the Executive Committee may be removed with or without cause by the Board, which shall elect replacements for the vacancies caused by such removal. Members may also be removed for failure to attend two consecutive meetings without reasonable excuses. The President may appoint replacements to fill any vacancies caused by death, disability, resignation, disqualification, or removal for unexcused absences, and such appointees shall serve until the next meeting of the Board, at which time the selection of replacement shall be ratified or another replacement elected. E. The Executive Committee may exercise all powers and authority of the Board, except those reserved to the Board as set forth in Article V.D. The Executive Committee may make recommendations to the Board on matters including a change in Members’ retention levels, approval of the annual budget, and approval of new Members. The Executive Committee may also establish subcommittees, define their functions and responsibilities and appoint members 6 65365.00002\\33006226.3 to them; appoint or terminate the General Manager; and exercise such other powers and perform such other duties as these Bylaws or the Board may prescribe. F. PARSAC Committee. The Board shall appoint a committee made up of representatives of Authority members that were members prior to the Effective Date to make recommendations to the Board regarding the administration of the Preexisting Obligations. G.Personnel Committee.The Officers(not including the Secretary or any Treasurer who is not a Director)and twoother Directors appointed by the President(three if the Treasurer is not a Director) shall serve collectively as the Personnel Committee, with the authority to oversee, review and recommend action to be taken by the Executive Committee regarding the performance and compensation of the General Manager and any other personnel issues. ARTICLE VIII. GENERAL MANAGER A. The General Manager shall be the Chief Administrative Officer and Secretary of the Authority, appointed by the Board and serving at the pleasure of the Board. The General Manager may not be an employee or an officer of a Member. B. The General Manager shall be responsible for administering the operations of the Authority, including giving notices of meetings, posting of agendas for meetings, preparation of minutes of meetings, maintenance of all accounting and other financial records of the Authority, filing of all financial reports of the Authority, reporting activities of the Authority to Members, and other such duties as the Board may specify. C. The General Manager shall appoint all staff positions of the Authority, subject to budget approval by the Board, and shall be responsible for their supervision. D. The General Manager shall attend all meetings of the Board and Executive Committee ARTICLE IX. SETTLEMENT OF CLAIMS A. The General Manager shall have authority to settle workers compensation, property and liability claims up to the limit specified by Board policy but not to exceed the actual amount of the claim. The Executive Committee, Board, or a designated claims committee, if appointed, shall have authority to settle claims beyond the authority of the General Manager. B. For workers’ compensation claims, staff has standing authority to pay benefits due under workers’ compensation law for medical benefits, temporary disability, etc. and to resolve permanent disability claims up to statutory requirements. Any settlements for permanent disability and/or a compromise and release exceeding the statutory requirements may be settled by the General Manager, or by the Executive Committee or Board for amounts in excess of the General Manager’s authority up to the Authority’s limit of coverage. 7 65365.00002\\33006226.3 ARTICLE X. FINANCIAL AUDIT A. The Auditor/Controller shall cause an annual audit of the financial accounts and records of the Authority to be made by a qualified, independent individual or firm. The minimum requirements of the audit shall be those prescribed by law. B. The financial audit report shall be filed with the State Controller’s Office within six months of the end of the fiscal year under examination. A copy of the audit report shall be filed as a public record with each Member. C. The costs of the audit shall be charged against the operating funds of the Authority. ARTICLE XI. FISCAL YEAR A. The fiscal year of the Authority shall be the period from July 1 of each year through June 30 of the subsequent year. ARTICLE XII. BUDGET A. A draft budget shall be presented to the Board at the last scheduled Board meeting prior to July 1 of the next fiscal year. B. The Board shall adopt the annual budget by July 1 of each year. ARTICLE XIII. ESTABLISHMENT AND ADMINISTRATION OF FUNDS A. The Authority is responsible for the strict accountability of all funds and reports of all receipts and disbursements. It shall comply with every provision of law relating to the subject, particularly Section 6505 of the Government Code. The Treasurer shall receive, invest, and disburse funds only in accordance with procedures established by the Board and in conformity with applicable law. B. The funds received for each Program shall be accounted for separately on a full-accrual basis. The portion of each Program’s annual contribution allocated for payment of claims and losses shall be held by the Authority in trust for the Program members. C. The Treasurer may invest funds not required for the immediate operations of the Authority, as directed by the Board or Executive Committee, in the same manner and on the same conditions as local agencies as provided by Government Code Section 53601. D. The General Manager shall draw warrants to pay demands against the Authority, after such demands have been approved by both the President and the Treasurer, except for employee payroll and benefits disbursements, and other unusual or urgent circumstances as determined 8 65365.00002\\33006226.3 by the General Manager. All checks disbursing funds of the Authority shall be signed by at least two Authority officials, one of whom must be the General Manager or designee. E. Officers, directors and employees handling funds shall be properly bonded as determined by the Board or Executive Committee. ARTICLE XIV. PROGRAMS A. The Authority shall establish Programs in such areas as the Board may select including, but not limited to, the areas of property, workers’ compensation, and liability coverage. B. Coverage in a Program may be provided by a self-funded risk-sharing pool, participation in pooled excess self-insurance, purchased insurance, reinsurance or any combination thereof, as determined by the Board or Executive Committee. C. The Authority may authorize and use administrative funds to study the feasibility and development of new Programs. If a new Program is approved by the Board, the estimated contributions to fund the Program shall be developed and presented in writing to each Member. Each Member shall have sixty (60) days from the date of such notice to state in writing its intent to join or refrain from joining the new Program. Unless the Member provides written notice to the Authority of its intent to participate in the new Program, it shall be presumed that the Member declines to participate in the Program. Upon conclusion of the notice period, the final contributions will be determined and billed to the Members in the new Program. Each Member that elected to participate will be bound to the new Program for the period of time required by the Master Program Document. D. The Board will adopt and maintain a Memorandum of Coverage and Master Program Document, and determine the financial contributions to be required of the Members for each Program. The Memorandum of Coverage or Master Program Document shall, among other things, establish procedures for addressing claims disputes. E. Each Program will be financially self-contained and individually evaluated for administrative and equity allocation purposes. Each fiscal year within each Program shall be separately accounted and maintained. Program funds may be co-mingled with the funds of another Program for durations shorter than a twelve-month period, or when specifically allowed by the Board. F. Each Member shall cooperate fully with the Authority to provide underwriting and safety and loss control information. Additionally, each Member shall comply with the provisions of the annual Safety and Loss Prevention Program Plan as approved by the Board. G. Members with delinquent amounts due may be assessed a penalty which shall be set by the Authority. H. The condition of each Program shall be evaluated by an independent actuary. The Workers’ Compensation and Liability Programs shall receive such evaluation on an annual basis. Other Programs shall be evaluated as determined by the Board. The condition of each open fiscal year within each such Program shall be evaluated to determine its actuarial soundness. If it is 9 65365.00002\\33006226.3 determined by the actuary that any year is no longer actuarially sound, appropriate actions shall be taken. In addition, the Board reserves the right to assess all Members and/or the Members of any Program an amount determined by the Board to be necessary for the soundness of the Program and to allocate such assessment in a fair and equitable manner. I. The withdrawal or expulsion of a Member from any Program shall be in accordance with the provisions of the Master Program Document. J. The withdrawal or expulsion of any Member from any Program shall not terminate the Member’s responsibility to contribute its share of contributions, or funds, to any fund or Program in which it participated, nor its responsibility to provide requested data for the periods in which it participated. All current and past Members shall be responsible for their respective share of the expenses, as determined by the Authority, until all claims, or other unpaid liabilities covering the period of the Member’s participation in the Program, have been finally resolved and a determination of the final amount of payments due by, or credit to, the Member for the period of its participation has been made by the Board. Past Members shall receive any distribution of surplus based on the same methodology as current Members. The withdrawal or expulsion of any Member from any Program shall not require the repayment or return to that Member of all or any part of any contributions, payments, advances, or distributions except in conformance with the provisions as set forth herein and in the Master Program Document. K. The Treasurer may deposit and invest Authority funds, subject to the same requirements and restrictions that apply to deposit and investment of the general funds of a city incorporated in the State of California and in accordance with the Investment Policy adopted annually by the Board. L. The accounting method for each Program will be in accordance with the provisions of the Master Program Document and the principles established by the Government Accounting Standards Board. ARTICLE XV. WITHDRAWAL, DEFAULTS AND EXPULSION FROM THE AUTHORITY A. Withdrawal from a Program 1. Any Member which withdraws as a participant in any Program may renew participation in that Program by complying with all Program rules and regulations. 2. All Members must participate in at least one of the following two Programs: Workers’ Compensation and Liability. If withdrawal from a Program would result in the Member no longer participating in either of these two Programs, then such withdrawal shall constitute withdrawal as a party to the Joint Powers Agreement, subject to the Member’s continuing obligations outlined in this Agreement and any other relevant governing documents. Withdrawal from the Authority pursuant to this Section A requires one year’s notice of intent to withdraw as described in Section B below. 10 65365.00002\\33006226.3 B. Withdrawal from the Authority 1. A withdrawing Member must notify CIRA of its intention to withdraw at least one year prior to the end of the fiscal year in which the Member intends to withdraw, unless a shorter withdrawal period is approved by the Executive Committee, in its sole discretion. 2. Withdrawing Members shall forfeit any remaining equity. In addition to foregoing equity, withdrawing members shall be subject to an administrative fee equal to their pro-rata share of ongoing expenses for the three program years following withdrawal. Ongoing expenses include but are not limited to staff payroll and benefits, actuarial services, investment services, financial audits, and claims administration. The withdrawing member will be invoiced itsportion of the administrative fee for each of the three years, as outlined in the Master Program Document. 3. Following withdrawal, any Member which was a participant in any Program shall be responsible for its share of any additional amount of contribution, determined by the Board in accordance with the retrospective contribution adjustment, which may be necessary to enable final disposition of all claims arising from losses under that Program during the withdrawn Member’s period of participation. Any such additional contribution shall be taken first from the Member’s forfeited equity, if any, and if such equity is insufficient the withdrawn Member shall be responsible to pay the difference. 4. A notice of intent to withdraw may be rescinded in writing with Executive Committee consent at any time earlier than ninety (90) days before the expiration of the withdrawal period, except that any withdrawal approved by the Executive Committee upon less than six (6) months’ notice shall be final. C. The following shall be “defaults” under the Agreement and these Bylaws: 1. Failure by a Member to observe and/or perform any covenant, condition, or agreement under the Governing Documents, including but not limited to risk management or loss reporting procedures; 2. Consistent failure to attend meetings by a Member’s designated representative or alternate, submit requested documents, or cooperate in the fulfillment of the Program objectives; 3. Failure to pay any amounts, including penalties and interest, due to the Authority for more than thirty (30) days; 4. Consistent inability to sustain the financial and insurance criteria that was reviewed and considered upon application for membership. For example, excessive losses, financial distress of member, handling of legal matters, corrective actions and other areas as determined by the Board; 11 65365.00002\\33006226.3 5. The filing of a petition applicable to the Member in any proceedings instituted under the provisions of the Federal Bankruptcy Code or under any similar act which may hereafter be enacted; or 6. Any condition of the Member which the Board believes jeopardizes the financial viability of the Authority. C. Remedies on Default 1. Whenever any default has occurred, the Authority may exercise any and all remedies available pursuant to law or granted pursuant to the Agreement and these Bylaws including, but not limited to increasing a Member’s retention, penalty, or assessment, canceling a Member’s coverage, or expelling the Member. However, no remedy shall be sought for defaults until the Member has been given thirty (30) days’ notice of default by the Authority. 2. Probation of a Member from a Program and/or Authority: a. If deemed appropriate by the Authority a member may be put on probation for a defined period of time to remedy any stated failures or matters noted in this Article. b. Notice of such probation shall be in writing and signed by both parties. c. The probation remedies and timelines shall be stated clearly in the notice of probation so that the Authority’s actions at the end of the probation period are understood by both parties. 3. Expulsion of a Member from the Authority: a. The Board, with at least a two-thirds vote, may expel any Member that is in default from the Authority. b. Such expulsion shall be effective on the date prescribed by the Board, but not earlier than thirty days after notice of expulsion has been personally served or sent by certified mail to the Member. c. The expulsion of any Member from any Program, after the effective date of such Program, shall not terminate its responsibility to contribute its share of contributions, or funds, to any fund Program in which it participated, nor its responsibility to provide requested data for the period(s) in which it participated. D. Cancellation by the Authority of Coverage under a Program: 1. Upon the occurrence of any default, the Board may temporarily cancel all rights of the defaulting Member in any Program in which such Member is in default until such time as the condition causing default is corrected. 12 65365.00002\\33006226.3 2. Upon the occurrence of any default, the Board, with at least a two-thirds (2/3) vote, may cancel permanently all rights of the defaulting Member in any Program in which such Member is in default. E. No remedy contained herein is intended to be exclusive. No delay or failure to exercise any right or power accruing upon any default, shall impair any such right or shall be construed to be a waiver thereof. F. In the event any provision in any of the Governing Documents is breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. G. Except as stated in this Article or elsewhere in the Governing Documents, neither withdrawal nor expulsion shall extinguish the rights and obligations of the parties incurred prior to such withdrawal or expulsion. ARTICLE XVII. LEGAL REPRESENTATION A. Legal counsel may be retained by the Board to advise on matters relating to the operation of the Authority and interpretation of the Governing Documents, including but not limited to the Memoranda of Coverage. In matters in which the parties’ interests are adverse or potentially adverse, counsel for the Board shall only represent the Board and shall not represent any individual Member without the informed written consent of both parties. B. The Authority shall have the right to pay such legal counsel reasonable compensation for said services. ARTICLE XVIII. EXECUTION OF CONTRACTS A. The Board or Executive Committee may authorize any officer or officers, or any agent or agents, to enter into any contract or execute any instrument in the name, and on behalf, of the Authority and such authorization may be general or confined to specific instances. B. Unless so authorized by the Board, no officer, agent, or employee shall have any power or authority to bind the Authority by any contract or to pledge its credit or to render it liable for any purpose or to any amount. ARTICLE XVIV. EXPENSE REIMBURSEMENT AND INSURANCE A. The Authority shall reimburse any Director who does not otherwise receive compensation for actual expenses incurred, for reasonable out of pocket expenses of the Director in the performance of his/her duty on behalf of the Authority. 13 65365.00002\\33006226.3 B. The Authority shall obtain insurance or provide other coverage (which may include self- insurance) indemnifying the directors, officers, and employees for personal liabilities arising out of wrongful acts in the discharge of their duties to the Authority. ARTICLE XIX. NOTICES A. Any notice to be given to any Member, in connection with these Bylaws, must be in writing (which may include facsimile or email) and will be deemed to have been given when deposited in the mail to the address specified by the Member to receive such notice. Any notice delivered by facsimile will be deemed to have been given when the facsimile transmission is complete. Any notice delivered by email will be deemed to have been given when the message is successfully sent. Any Member may, at any time, change the address to which such notice will be given by giving five (5) days written notice to the Authority. B. Any notice to or claim against the Authority shall be mailed or delivered to the mailing address of the Authority. ARTICLE XX. EFFECTIVE DATE, AMENDMENTS, AND SUPREMACY A. These Bylaws shall be effective immediately upon the date of adoption. B. Any amendments to these Bylaws shall be effective upon adoption, unless the Board in adopting them specifies otherwise, and shall supersede and cancel any prior Bylaws and/or amendments thereto. C. These Bylaws shall not be amended until at least 30 days after notice of the proposed amendment has been given to each Member. D. The adoption or amendment of these Bylaws shall not affect the Agreement or any amendments thereto. Any provision in these Bylaws which is inconsistent with the Agreement shall be superseded by the Agreement but only to the extent of the inconsistency. ARTICLE XXI. POWER OF DESIGNATED PARTY A. Pursuant to Government Code section 6509, the Authority is subject to the restrictions upon the manner of exercising the power of the City of Rancho Cucamonga. In the event that the City of Rancho Cucamonga ceases to be a member of the Authority, the Authority’s power shall be subject to the restrictions applicable to the City of Sebastopol. 14 65365.00002\\33006226.3 AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT OF THE CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY (formerly Public Agency Risk Sharing Authority of California) This Amended and Restated Joint Exercise of Powers Agreement of the California Intergovernmental Risk Authority (“CIRA” or “Authority”) (“Agreement”), formerly known as the Public Agency Risk Sharing Authority of California (“PARSAC”), is entered into by and among the public entities, hereafter referred to as “Members”, each of which is organized and existing under the laws of the State of California and is a signatory to this Agreement and listed in Appendix “A”, attached hereto and made a part hereof. This Agreement supersedes the Public Agency Risk Sharing Authority of California \[PARSAC\] Joint Powers Agreement dated May 25, 2017 as of, and is effective on, July 1, 2021 (“Effective Date”). RECITALS 1. The Authority was originally created as the California Municipal Insurance Authority effective May 21, 1986 pursuant to that certain Joint Powers Agreement Creating the California Municipal Insurance Authority (“Original JPA Agreement”). The Original JPA Agreement was revised and restated effective July 1, 1989 and then again effective November 19, 1993 when the original name was changed to the Public Agency Risk Sharing Authority of California. Subsequent restatements were approved effective May 31, 1996, December 13, 2002, December 12, 2003, May 20, 2005, May 31, 2007, and May 26, 2011. The most recent restatement is the PARSAC Joint Powers Agreement which was approved effective May 25, 2017 (“PARSAC Agreement”). 2. Labor Code Section 3700 authorizes public entities, including members of a pooling arrangement under a joint powers authority, to fund their own workers’ compensation claims. 3. Government Code Sections 989 and 990 authorize a local public entity to insure itself and its employees against tort or inverse condemnation liability. 4. Government Code Section 990.4 authorize a local public entity to fund insurance and self-insurance in any desired combination. 5. Government Code Section 990.6 provides that the cost of insurance is an appropriate public expenditure. 6. Government Code Section 990.8 authorizes two or more local public entities to enter into an agreement to jointly fund such expenditures under the authority of the Joint Exercise of Powers Act (Gov. Code Section 6500 et seq.). 7. Government Code Section 6500 et seq. authorizes two or more public entities to jointly exercise, under an agreement, any power which is common to each of them. 8. Each Member that is a party to this Agreement desires to join with the other Members to fund programs of insurance for workers’ compensation, liability, property and other coverages to be determined and for other purposes set forth in this Agreement. 1 65365.00002\\33005619.4 9. The governing body of each Member has determined that it is in the Member’s own best interest, and in the public interest, to execute this Agreement and participate as a Member of the Authority. In consideration of the recitals, mutual benefits, covenants, and agreements set forth in this Agreement, the Members agree as follows: ARTICLE I. CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY AS SUCCESSOR TO AND EXPANSION OF PARSAC A. Authority Created. The Authority was originally formed on May 21, 1986 as the California Municipal Insurance Authority by operation of the Original JPA Agreement and subsequently renamed as the Public Agency Risk Sharing Authority of California effective November 19, 1993. The Authority was, and is, formed pursuant to the provisions of Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (“Code”), which authorizes two or more public agencies, by a joint powers agreement entered into respectively by them and authorized by their legislative or governing bodies, to exercise jointly any power or powers common to the member agencies. 1. Name Change. As of the Effective Date, the Public Agency Risk Sharing Authority of California shall be known as the California Intergovernmental Risk Authority, hereinafter referred to as “CIRA” or the “Authority.” 2. Separate Entity. Pursuant to Code Sections 6506 and 6507, from its inception, the Authority has, is, and shall be a public entity separate and independent from the Members which is governed exclusively by the Authority’s Board of Directors (“Board”). B. Membership in the Authority as of the Effective Date. As of the Effective Date, the membership of the Authority shall consist of the members of PARSAC and the members of the Redwood Empire Municipal Insurance Fund (“REMIF”), with respect to only those that have approved this Agreement as of the Effective Date, as listed in Appendix “A”. C. Future Membership. Membership in the Authority is open to public entities throughout the State of California, if such public entities meet the requirements specified in the Bylaws and are approved by the Board. ARTICLE II. PURPOSE The purpose of the Authority is to exercise the powers of the Members to jointly accomplish the following: A. Develop comprehensive Programs with the objective to reduce the cost of risk against which the Members are authorized or required to protect against by insurance, self-insurance, or pooling. Such Programs may include, but are not limited to, coverages for tort liability, workers’ 2 65365.00002\\33005619.4 compensation, employee health benefits, loss to real or personal property, or liability arising out of the ownership, maintenance, or use of real or personal property. B. The design of the Programs may evolve with the needs of the Members and in accordance with contemporary economic and financial conditions. Programs may therefore operate on an insured, pooled, self-funded, or other appropriate basis whereby the Members share some portion, or all, of the costs of Program losses. B. Jointly secure administrative and other services including, but not limited to, general administration, underwriting, risk management, loss prevention, claims adjusting, data processing, brokerage, accounting, legal and other services related to any authorized purpose. ARTICLE III. PARTIES TO THE AGREEMENT AND RESPONSIBILITIES OF MEMBERS A. Each Member represents and warrants that it intends to, and does hereby, contract with all other Members listed in Appendix “A”, and any new members admitted to the Authority. Each Member also represents and warrants that the withdrawal or expulsion of any Member shall not relieve any Member of its rights, obligations, liabilities or duties under this Agreement or the individual Programs in which the Member participates. B. Each Member agrees to be bound by and to comply with all the terms and conditions of the Governing Documents and any Resolution or other action adopted by the Board as they now exist or may hereinafter be adopted or amended. Each Member assumes the obligations and responsibilities set forth in the Governing Documents, as they may be amended. C. Each new Member agrees to participate for a minimum of five years, except that members of PARSAC and REMIF as of June 30, 2021 must continue for a minimum of two years thereafter. Also, each new Member agrees to meet its obligations and responsibilities as set forth in the Governing Documents. ARTICLE IV. POWERS The Authority shall have the powers common to its Members. As provided by Government Code Section 6509, the Authority’s power is subject to the restrictions upon the manner of exercising the power of the Member specified in the Bylaws. Under this Agreement, the Authority is authorized, in its own name, to do all acts necessary and to exercise such common powers to fulfill the purposes of this Agreement, including but not limited to the following: A. Make and enter contracts; B. Employ agents and employees; C. Incur debts, liabilities or obligations; D. Receive, collect, invest, and disburse funds; 3 65365.00002\\33005619.4 E. Receive contributions and donations of property, funds, services and other forms of assistance; F. Acquire, construct, manage, maintain, hold, lease or dispose of real and personal property; and G. Sue and be sued in its own name and settle any claim against it. ARTICLE V. BOARD OF DIRECTORS A. The Authority shall be governed by the Board. Each Member shall appoint a representative to the Board and an alternate representative, each of whom shall meet the parameters set forth in the Bylaws. In the absence of a resolution of the Board providing otherwise, representatives and alternates will serve without compensation by the Authority. B. The Member’s representative and/or alternate representative shall be removed from the Board upon the occurrence of any one of the following events: (1) the expulsion or withdrawal of the Member from the Authority; (2) the death or resignation of the Member representative; (3) the Member gives notice that the Member representative is no longer employed by the Member; or (4) as otherwise provided in the Authority’s Bylaws. C. The Board shall exercise all powers and conduct all business of the Authority, either directly or by delegation of authority to committees or other bodies or individuals. ARTICLE VI. ADMINISTRATION OF PREEXISTING OBLIGATIONS A. All liabilities and obligations of the Authority existing prior to the Effective Date (“Preexisting Obligations”) will be administered under the terms and conditions of the PARSAC Agreement. For this purpose, the PARSAC Agreement in effect on June 30, 2021, which is attached hereto as Appendix B, is hereby made a part of this Agreement and incorporated herein by this reference. B. The Board shall appoint a committee made up of representatives of Authority members that were members prior to the Effective Date to make recommendations to the Board regarding the administration of the Preexisting Obligations. As to specific agenda items relating to such matters, only Directors representing Members who were members of the Authority prior to the Effective Date may vote, and as to such items, a quorum shall be determined solely by reference to the number of Members that were members of the Authority prior to the Effective Date. C. All assets of the Authority existing on June 30, 2021 shall be reserved by the Authority for the sole purpose of administering the Preexisting Obligations. Similarly, all assets of REMIF shall be used exclusively for the purpose of administrating the obligations of REMIF. 4 65365.00002\\33005619.4 ARTICLE VII. OFFICERS A. The Board shall elect a President, Vice-President, Treasurer, and Auditor/Controller. The President, Vice-President, and Auditor/Controller must be Directors. The General Manager shall serve as Secretary of the Board. The manner of election and term of office of elected officers and their authority and responsibilities shall be as set forth in the Authority’s Bylaws. If any of the elected officers ceases to be a Member’s representative, the resulting vacancy shall be filled as provided in the Authority’s Bylaws. The Board may elect such other officers as it considers necessary. B. As permitted by Government Code Section 6505.6, the Treasurer shall comply with the duties and responsibilities set for the subdivisions (a) through (d) of Government Code Section 6505.5, and shall cause an independent audit to be made by a certified public accountant, or public accountant, in compliance with Government Code Section 6505. The Treasurer will have no vote on the Board unless the Treasurer is also a Director. C. The Board shall appoint a General Manager who shall act as Secretary of the Board and as the Chief Administrative Officer of the Authority. Although an officer, the General Manager shall not have a vote on the Board or any committee of the Authority. ARTICLE VIII. MEETINGS AND RECORDS A. Not less than once a year, the Board and all standing committees shall hold regular meetings as set forth in the Bylaws of the Authority. Special meetings may be called as provided in the Bylaws. B. All meetings of the Board, and appointed committees, including without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code). C. Minutes of regular, adjourned regular, and special meetings of the Authority shall be kept under the direction of the Secretary. After each meeting, the Secretary shall cause copies of the minutes to be forwarded to each Board member for review and approval at the next regular meeting. ARTICLE IX. BUDGET The Board shall adopt an annual budget prior to the beginning of each Fiscal Year. ARTICLE X. REGULAR AUDITS AND REVIEWS A. The Board shall cause an annual financial audit of the accounts and records to be prepared by a Certified Public Accountant in compliance with California Government Code Sections 6505 and 5 65365.00002\\33005619.4 6505.5 or 6505.6 with respect to all receipts, disbursements, other transactions and entries into the books of the Authority. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Government Code Section 26909 and shall conform to generally accepted accounting standards. A report of each such audit shall be filed as a public record with the Board, each of the Members, and the auditor/controller of the county in which the Authority’s administrative office is located. The report shall be filed within twelve months of the end of the fiscal year under examination. The Authority shall pay all costs for such financial audits. B. The Board shall cause an annual actuarial review to be prepared for each of the Programs of the Authority and a report of such actuarial review shall be made available for inspection by the Board and the Members. The Authority shall pay all costs for such actuarial review. C. The Board shall cause a claims audit of the administration of the claims for each of the Programs of the Authority at least biannually. A report of such claims review shall be made available for inspection by the Board and the Members. The Authority shall pay all costs for such claims reviews. ARTICLE XI. ADMISSION OF NEW MEMBERS A. Any public entity eligible for membership as stated in Article I may apply for membership in the Authority and participation in one or more of the Authority’s Programs at any time. To be considered, the applicant must submit any documentation or information requested by the Authority and pay any costs required to analyze their application and determine their initial contribution. B. The Authority shall review all applications by potential new members to determine if they meet the requirements provided for in the Bylaws and any relevant Board policies to determine whether and on what conditions to admit the applicant. C. Upon approval for membership by two-thirds vote of the Board, to become a Member the applicant must execute this Agreement and pay any contributions or premiums required to participate in the Program(s) for the initial Program Year in which the applicant will participate. ARTICLE XII. WITHDRAWAL A. After the initial commitment period described in Article III, any Member which enters a Program may withdraw from that Program by compliance with the requirements stated in the Bylaws for withdrawal from the Program. B. Withdrawal of a Member does not terminate its rights to coverage arising under any Program in which it participated for the years in which it participated. A Member that has withdrawn from a Program may later seek to renew participation in the Program subject to any terms and conditions set forth in the Bylaws. 6 65365.00002\\33005619.4 C. A Member that has withdrawn from all of the Authority’s Programs shall no longer have a right to a representative on the Board, but shall remain liable for assessments and other obligations arising from the Program Years in which it participated. D. As soon as administratively feasible after the Effective Date, the Members of the Authority shall agree on the method of apportioning the CalPERS retirement obligations of the Authority in the event of a default event as defined by Government Code Section 6508.2. Until such time, and in the event of a default event, the terms of the Public Agency Risk Sharing Authority of California (PARSAC) Agreement for Apportion of Retirement Obligations dated May 25, 2017, and attached hereto as Exhibit “C”, shall apply with respect to all Members of the Authority. ARTICLE XIII. EXPULSION The Board may expel any Member from the Authority and/or from a Program for material breaches of the Governing Documents consistent with the provisions of the Bylaws, subject to any warning or probationary provisions in the Governing Documents. Expulsion does not terminate the obligations of either the Authority or the Member incurred prior to the expulsion. ARTICLE XIV. TERMINATION AND DISTRIBUTION A. This Agreement shall continue in full force and effect until terminated. Termination of this Agreement shall also constitute the termination of all Programs. This Agreement may be terminated at any time by the vote of three-fourths of the Members; provided, however, that this Agreement and CIRA shall continue to exist for the purpose of disposing of all claims and paying its obligations for employees’ health and pension benefits, before the distribution of assets, and any other functions necessary to wind up the affairs of CIRA. B. Upon termination of this Agreement, all assets of each Program of CIRA shall be distributed among the Members which participated in such Programs, in accordance with the retrospective premium adjustment process in effect during the term of this Agreement. Such distributions shall be determined within six \[6\] months after the disposal of the last pending claim or other liability covered by all Programs of the Authority. The Board may in its sole discretion determine that earlier distributions are appropriate as to Programs for which there remains no claim or liability. C. Following the termination of this Agreement, any Member which was a participant in any Program of CIRA shall pay any additional amount of premium, determined by the Board or its designee in accordance with a retrospective premium adjustment, which may be necessary to enable final disposition of all claims arising from losses under that Program during the Member’s period of participation. D. The Board is vested with all powers of CIRA for the purpose of concluding and dissolving the business affairs of CIRA. The Board may designate legal counsel and any committee or person to carry out a plan of dissolution adopted by the Board. 7 65365.00002\\33005619.4 ARTICLE XV. LIABILITY OF MEMBERS, DIRECTORS, OFFICERS, AND COMMITTEE MEMBERS A. Pursuant to Government Code section 6508.1, except as to liabilities to a public retirement system, the debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations of any Member. However, each Member shall remain liable to the Authority for contributions assessed by the Authority to pay its debts, liabilities, or obligations. B. The debts, liabilities or obligations incurred by either PARSAC or REMIF prior to the Effective Date shall not constitute the debts, liabilities or obligations of the other. Notwithstanding the preceding, the Authority intends to be the successor to the CalPERS pension obligations of REMIF pursuant to California Government Code Section 20508. As such, the liability to CalPERS with respect to service credited under REMIF’s CalPERS contract, and the continuing liability to CalPERS of the Authority with respect to service credit accrued both prior to and after the Effective Date under the Authority’s CalPERS contract, shall be the contractual liability of the Authority. The Authority and REMIF shall separately enter into an agreement to provide for the allocation of liability, and the payment of related contributions, with respect to service credit accrued prior to the Effective Date. C. The representatives to the Board of Directors and to each of the Programs and any officer, employee, contractor, or agent of the Authority shall use ordinary care and reasonable diligence in the exercise of their power and in the performance of their duties under this Agreement. Directors, officers, committee members of the Authority shall be liable for any act or omission within the scope of their office or employment by the Authority only in the event that they act or fail to act because of actual fraud, corruption, or actual malice or willfully fail or refuse to conduct the defense of a claim or action in good faith or to reasonably cooperate in good faith in the defense conducted by the Authority. D. The Authority shall defend and indemnify its directors, officers, and employees to the same extent as any other public entity of the State of California is obliged to defend and indemnify its employees pursuant to Government Code Section 825, et seq., or other applicable provisions of law. Nothing herein shall limit the right of the Authority to purchase insurance to satisfy this obligation. E. The Authority shall indemnify, protect, defend, and hold harmless each and all of the Members, and their officials, agents, and employees, for and from any and all liability, claims, causes of action, damages, losses, judgments, costs, or expenses (including attorney fees) resulting from an injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement by the Authority, by one or more of the Members, or any of their officials, employees, agents, or independent contractors. 8 65365.00002\\33005619.4 ARTICLE XVI. NOTICES Notices to each Member under this Agreement shall be sufficient if mailed to its respective address on file with the Authority. Any Member may designate any other address in substitution of the foregoing address to which such notice will be given at any time by giving five days written notice to the Authority and all other Members. ARTICLE XVII. AMENDMENTS This Agreement may be amended at any time with the approval of two-thirds of the Directors on the Board acting with the approval of their governing bodies, except that any amendment that reduces the voting requirement for termination of the Authority must be approved by three-fourths of the Directors on the Board acting with the approval of their governing bodies. Authority of the Member representative (director) to give such approval may be delegated such in advance by the Member’s governing body, or in the absence of such prior delegation by action of a Member’s governing body to approve the proposed amendment. The amended Agreement shall take effect on the first day of the month following the Authority’s receipt of notice of approval by two-thirds of the Members, unless otherwise stated in the Amendment, and once effective shall apply to all Members regardless of whether a particular Member approved the amendment. Refusal to execute or comply with the amended Agreement shall be a basis for expulsion of the Member. A Member that does not approve of the amendment may withdraw from the Authority and all its Programs at the end of the fiscal year next following the effective date of the amendment, notwithstanding the five-year minimum commitment provided for in Article III, Section C. ARTICLE XVIII. SEVERABILITY Should any portion, term, condition, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected thereby. ARTICLE XIX. COMPLETE AGREEMENT The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein, except as to the Bylaws. 9 65365.00002\\33005619.4 ARTICLE XX. TERM OF AGREEMENT This Agreement shall become effective upon execution, and shall continue in effect until satisfaction of all obligations created hereunder following termination of the Authority created by this Agreement. ARTICLE XXI. COUNTERPARTS The Agreement may be executed in multiple counterparts, each of which shall be considered an original. ARTICLE XXII. ARBITRATION Any controversy arising out of this Agreement shall be submitted to binding arbitration, which shall be conducted in accordance with the provisions of the California Arbitration Act (California Code of Civil Procedure § 1280 et seq.). ARTICLE XXIII. FORCE MAJEURE No party will be deemed to be in default where failure or delay in performance of any of its obligations (other than payment obligations) under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, actions of legislative, judicial, executive, or regulatory government bodies or other cause, without fault and beyond the reasonable control of such party (“Force Majeure”). If any such events shall occur, the time for performance by such party of any of its obligations under this Agreement will be extended by the parties for the period of time that such events prevented such performance. Upon the occurrence of an event of Force Majeure, the affected party shall: (i) promptly notify the other parties of such Force Majeure event, (ii) provide reasonable details relating to such Force Majeure event and (iii) implement mitigation measures to the extent reasonable. ARTICLE XXIV. DEFINITIONS The following definitions shall apply to the provisions of this Agreement and the Bylaws of the Authority: A. “Agreement” shall mean this Agreement, as it may be amended from time to time, creating the California Intergovernmental Risk Authority. B. “Board” or “Board of Directors” shall mean the governing body of the Authority. C. “Bylaws” shall mean the Bylaws attached to this Agreement, as amended from time to time by the Board consistent with the amendment provisions in the Bylaws. 10 65365.00002\\33005619.4 D. “Claim(s)” shall mean demand(s) made against the Member arising out of occurrences which are covered or alleged to be covered by the Authority’s Memorandums of Coverage or policies of insurance. E. “Fiscal Year” shall mean the period of time commencing on July 1 of each year and ending on June 30 of the following year. F. “Governing Documents” shall mean this Agreement, the Bylaws of the Authority, each Program’s Memorandum of Coverage, the Master Program Document, , and any other document stipulated as a Governing Document in the Bylaws or by action of the Board. G. “Insurance” shall mean insurance or reinsurance purchased by the Authority to cover Claims against or losses of the Authority and/or its Members. H. “Jurisdiction” shall mean the territory in which the Authority may exercise its powers; i.e., the State of California. I. “Member” shall mean any public entity authorized to be a member of a Joint Powers Authority, which is a party to this Agreement and is participating in one or more Programs. J. “Memorandum of Coverage” shall mean a document issued by the Authority for each Program specifying the coverages and limits provided to the Members participating in the Program. K. “Participation” or “participating” shall refer to a Member that has elected to join and take part in a Program. L. “Pooling” shall mean group self-insurance as allowed by Government Code section 990.8, Labor Code section 3700, or any other applicable law. M. “Program” shall mean those coverage programs of risk sharing, insurance, self-insurance, pooling and risk management services created by the Authority to manage specific types of risks. N. “Program Year” shall mean the annual period in each Program to be segregated for determination of coverage premiums or assessments. O. “Risk Management” shall mean the process of identifying, evaluating, reducing, transferring, and eliminating risks. Risk Management includes, but is not limited to, various methods of funding claims payments, purchasing insurance, legal defense of claims, controlling losses, and determining self-insured retention levels and the amount of reserves for potential claims. 11 65365.00002\\33005619.4 IN WITNESS WHEREOF, the undersigned party hereto has executed this Agreement on the date indicated below. California Intergovernmental Risk Authority \["CIRA"\] Date: _____________________ By: __________________________________________ Name/Title Attest: __________________________________________ Secretary, CIRA Member Entity: __________________________ Date: _____________________ By: __________________________________________ Name/Title Attest: __________________________________________ City/Town Clerk 12 65365.00002\\33005619.4 APPENDIX “A” CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY MEMBERS 1. City of Arcata 27. City of Point Arena 2. City of Amador City 28. City of Rancho Cucamonga 3. City of Avalon 29. Rancho Cucamonga Fire Protection 4. City of Belvedere District 5. City of Blue Lake 30. City of Rancho Santa Margarita 6. City of California City 31. City of Rohnert Park 7. City of Calimesa 32. City of San Juan Bautista 8. City of Calistoga 33. City of Sebastopol 9. City of Citrus Heights 34. City of Sierra Madre 10. City of Clearlake 35. City of Sonoma 11. City of Cloverdale 36. City of South Lake Tahoe 12. City of Coalinga 37. City of St. Helena 13. City of Cotati 38. City of Tehama 14. City of Eureka 39. City of Trinidad 15. City of Ferndale 40. Town of Truckee 16. City of Fort Bragg 41. City of Twentynine Palms 17. City of Fortuna 42. City of Ukiah 18. City of Grass Valley 43. City of Watsonville 19. City of Healdsburg 44. City of Wheatland 20. City of Highland 45. City of Wildomar 21. City of Lakeport 46. City of Willits 22. City of Menifee 47. Town of Windsor 23. City of Nevada City 48. Town of Yountville 24. City of Placentia 49. City of Yucaipa 25. City of Placerville 50. Town of Yucca Valley 26. City of Plymouth 13 65365.00002\\33005619.4 APPENDIX “B” PARSAC Agreement PARSAC JOINT POWERS AGREEMENT Revised & Adopted May 25, 2017 Public Agency Risk Sharing Authority of California Adopted May 25, 2017 i TABLE OF CONTENTS Page ARTICLE I DEFINITIONS ................................................................................................3 ARTICLE II PARTIES TO THE AGREEMENT ................................................................6 ARTICLE III PURPOSES .....................................................................................................6 ARTICLE IV CREATION OF THE PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA ...............................................7 ARTICLE V TERM OF AGREEMENT ..............................................................................7 ARTICLE VI POWERS OF PARSAC ..................................................................................7 ARTICLE VII RESPONSIBILITIES OF MEMBER ENTITIES ..........................................8 ARTICLE VIII BOARD OF DIRECTORS ...........................................................................10 ARTICLE IX OFFICERS ....................................................................................................13 ARTICLE X EXECUTIVE COMMITTEE .......................................................................13 ARTICLE XI ADMINISTRATION ....................................................................................13 ARTICLE XII BUDGET ......................................................................................................14 ARTICLE XIII ANNUAL AUDITS AND REVIEWS..........................................................14 ARTICLE XIV ESTABLISHMENT AND ADMINISTRATION OF FUNDS ...................................................................................................15 ARTICLE XV SUPPORT OF PARSAC'S GENERAL EXPENSES ...................................16 ARTICLE XVI DEPOSIT PREMIUMS ................................................................................17 ARTICLE XVII PARSAC MEMBERSHIP ............................................................................18 ARTICLE XVIII MEMORANDA OF COVERAGE ..............................................................18 ARTICLE XIX SIR MANDATORY RESERVES/PAYMENT ............................................19 Adopted May 25, 2017 ii ARTICLE XX RETROSPECTIVE PREMIUM ADJUSTMENTS AND ASSESSMENTS ...........................................................................................20 ARTICLE XXI NEW MEMBERS .........................................................................................21 ARTICLE XXII WITHDRAWAL ...........................................................................................22 ARTICLE XXIII EXPULSION ................................................................................................25 ARTICLE XXIV EFFECT OF WITHDRAWAL OR EXPULSION ON MEMBER ENTITY'S RESPONSIBILITIES ...............................................26 ARTICLE XXV TERMINATION OF AGREEMENT AND DISTRIBUTION OF ASSETS .....................................................................27 ARTICLE XXVI NOTICES ......................................................................................................28 ARTICLE XXVII PROHIBITION AGAINST ASSIGNMENT ................................................28 ARTICLE XXVIII AMENDMENTS ..........................................................................................29 ARTICLE XXIX SEVERABILITY ..........................................................................................29 ARTICLE XXX AGREEMENT COMPLETE ........................................................................29 ARTICLE XXXI EXECUTION OF COUNTERPARTS .........................................................30 APPENDIX "A" MEMBER ENTITIES Adopted May 25, 2017 iii PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA \[PARSAC\] JOINT POWERS AGREEMENT THIS AGREEMENT is made in the State of California by and among those municipalities organized and existing under the laws of the State of California, hereinafter referred to as "Member Entity\[ies\]," which are parties’ signatory to this Agreement. All such Member Entities are listed in Appendix "A", which is attached hereto and made a part hereof. RECITALS A. California Government Code Section 6500 and following permits two or more public agencies by agreement to jointly exercise any power common to the contracting parties. B. California Government Code Section 990.4 permits a local public entity to self- insure, purchase insurance through an authorized carrier, or purchase insurance through a surplus line broker, or any combination of these; C. California Government Code Section 990.6 provides that the cost of insurance provided by a local public entity is a proper charge against that local public entity; D. California Government Code Section 990.8 permits two or more local entities to, bya joint powers agreement, provide insurance for any purpose by any one or more of the methods specified in Government Code Section 990.4 and provides that such pooling of self- insured claims or losses does not constitute the business of insurance under the California Insurance Code; Adopted May 25, 2017 1 E. California Labor Code Section 3700(c) permits all political subdivisions of the State of California, including each member of a pooling arrangement under a joint exercise of powers agreement to self-insure against workers’ compensation claims by securing a certificate of consent from the Department of Industrial Relations; F. Each of the Member Entities, which is a party to this Agreement, desires to join with the other Member Entities to fund programs of insurance for workers' compensation, liability, property and other coverages to be determined and for other purposes set forth in Article III of this Agreement; G. The governing body of each Member Entity has determined that it is in its own best interest and in the public interest that this Agreement be executed and that it participate as a member of the Public Agency Risk Sharing Authority of California \[PARSAC\] created by this Agreement; and H. As of the effective date of this Agreement, this Agreement shall replace and supersede the Joint Powers Agreement Creating the Public Agency Risk Sharing Authority of California, dated May 21, 1986, as amended on November 20, 1987, July 1, 1989, and November 19, 1993, May 31, 1996, December 13, 2002, December 12, 2003, May 20, 2005, May 31, 2007, December 2, 2010, May 26, 2011 and May 25, 2017. Now, therefore, in consideration of the above facts and the mutual benefits, promises and agreements set forth below, the Member Entities hereby agree as follows: Adopted May 25, 2017 2 AGREEMENT ARTICLE I DEFINITIONS The following terms shall have the following definitions: A. “Agreement” shall mean this Revised and Restated Joint Powers Agreement creating the Public Agency Risk Sharing Authority of California \[PARSAC\]. B. “Alternate” shall mean the person designated by the Member Entity to act as a director of PARSAC in the absence of the Director. The Alternate shall have the same responsibility, power and authority as the Director when acting in the Director's stead. C. “Board” or “Board of Directors” shall mean the governing body of PARSAC. D. “Bylaws”shall mean the Bylaws of PARSAC, revised as of May 27, 2010, and as they may be further amended or revised. E. “Claims” shall mean any demand\[s\] made against a Member Entity to recover for monetary damages within, or alleged to be within, the scope of coverage provided by any of PARSAC's Memoranda of Coverage \[or any commercial insurance policy related to a PARSAC Program\]. F. “PARSAC” shall mean the Public Agency Risk Sharing Authority of California created by this Agreement. G. “Covered Loss” shall mean any loss resulting from a claim or claims against a Member Entity which is in excess of its Self-Insured Retention and which is covered by any of PARSAC's Memoranda of Coverage \[or insurance policy related to a PARSAC Program\]. H. “Deposit Premium” shall mean the estimated amount determined for each Member Entity necessary to fund each layer of coverage for each Policy Year of each Adopted May 25, 2017 3 Program of PARSAC. I. “Executive Committee” shall mean that committee of the Board, constituted and exercising the authority set forth in this Agreement and in the Bylaws. J. “Fiscal Year” shall mean the period of time ending on June 30 of each year during which PARSAC is in existence. K. “Incurred Loss” shall mean the amount of monies paid and reserved by PARSAC to investigate, defend and satisfy a demand or demands made against a Member Entity. L. “Insurance” shall mean commercial insurance policies which PARSAC may purchase for its Member Entities, from time to time, in order to effect a transfer of risk. The term "Insurance" shall not mean any self-insurance, risk-sharing or pooling of losses or risks. M. “Liability Program Participant” shall refer only to members of PARSAC that have been approved and are in good standing to participate in the Liability Program. N. “Member Entity” shall mean any California public entity which is a party signatory to this Agreement including any other agency for which the City Council sits as the Governing board. O. “Memorandum of Coverage” shall mean the document or documents issued by PARSAC specifying the type and amount of coverages provided under any Program to the Member Entities by PARSAC. P. “Program Year” shall mean a period of time, usually 12 months, for which each Program is to determine Deposit Premiums, Retrospective Premiums, and Retrospective Premium Adjustments. Adopted May 25, 2017 4 Q. “Program” shall mean arrangements to cover specific types of claims which may include, but not be limited to, property, workers' compensation, and comprehensive liability claims. R. “Public Entity” shall mean a county, city, whether general law or chartered, city and county, town, district, political subdivision, joint powers authority, or any board, commission, or agency thereof providing a municipal service, excluding school districts. S. “Retrospective Premium” shall mean, the amount determined retrospectively as each Member Entity's share of losses, reserves, expenses and interest income as may be determined periodically for any Program. T. “Retrospective Premium Adjustment” shall mean the amount necessary to periodically adjust the Deposit Premium, or prior Retrospective Premiums if any, to the newly calculated Retrospective Premium amount. U. “Self-Insured Retention” or “SIR” shall mean the amount of loss from each occurrence which the Member Entity shall retain and pay directly and which shall not be shared by the Member Entities of PARSAC. V. “Workers’ Compensation Program Participant” shall refer only to members of PARSAC that have been approved and are in good standing to participate in the Workers’ Compensation Program. W. “Group Purchase Programs” shall mean coverage programs provided by insurance policies where there is no self-insurance, risk sharing or pooling. Adopted May 25, 2017 5 ARTICLE II PARTIES TO THE AGREEMENT Each Member Entity is a party to this Agreement and agrees that it intends to, and does contract with, all other parties who are signatories of this Agreement and with such other parties as may later be added. Each Member Entity also agrees that the expulsion or withdrawal of any Member Entity from this Agreement shall not affect this Agreement nor the remaining parties as to the other Member Entities then remaining. ARTICLE III PURPOSES This Agreement is entered into by the Member Entities in order to: A. Create the Public Agency Risk Sharing Authority of California to carry out the purposes listed below and to exercise the powers contained in this Agreement; B.Develop effective risk management programs to reduce the amount and frequency of their losses; C. Share some portion, or all, of the cost of their losses; D. Jointly purchase commercial insurance, associate with other risk-sharing pools, or self-insure against risks; E. Jointly purchase administrative and other services including, but not limited to, underwriting, risk management, loss prevention, claims adjusting, data processing, brokerage, accounting and legal services when related to any of the other purposes; F. Provide other joint powers risk sharing authorities with management services; and G. Do all things necessary to carry out the foregoing purposes, as well as all things necessary to implement the terms of this Agreement as permitted by law. Adopted May 25, 2017 6 ARTICLE IV CREATION OF THE PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA Pursuant to the California Government Code, the Member Entities hereby agree to continue in existence a public entity, separate and apart from the parties to this Agreement, to be known as the Public Agency Risk Sharing Authority of California \["PARSAC"\]. The debts, liabilities or obligations of PARSAC shall not constitute debts, liabilities or obligations of any party to this Agreement. However, a Member Entity may separately contract for, or assume responsibility for, specific debts, liabilities or obligations of PARSAC. ARTICLE V TERM OF AGREEMENT This Agreement shall become effective as of the date hereof and shall continue in full force and effect until terminated in accordance with Article XXVI. ARTICLE VI POWERS OF PARSAC PARSAC shall have the powers common to its Member Entities in California and all additional powers permitted to a joint powers authority by California law, and the parties hereby authorize PARSAC to do all acts necessary to exercise such powers to fulfill the purposes of this Agreement including, but not limited to, the following: A.Make and enter into contracts; B. Incur debts, liabilities and obligations; C. Acquire, hold, lease or dispose of real and personal property, contributions and donations of property, funds, services and other forms of assistance; D. Sue and be sued in its own name and settle any claim against it; E. Employ agents and employees; Adopted May 25, 2017 7 F. Acquire, construct, manage, maintain or operate buildings, works or improvements; G. Receive, collect, and disburse monies; and invest money not required for immediate necessities; and H. Exercise all powers necessary and proper to carry out the terms and provisions of this Agreement. ARTICLE VII RESPONSIBILITIES OF MEMBER ENTITIES Each member entity shall: A. Sign this Agreement and its legally enacted amendments and participate in PARSAC's Liability Program and/or Workers’ Compensation Program; B. Sign a Membership Resolution for each Program; C. Pay Deposit Premiums, Retrospective Premium Adjustments, and any Special Assessments to PARSAC on or before the due date; D. Appoint, elect or remove representatives to serve as director and alternate on the Board, which representatives are expressly authorized to act on behalf of the Member Entity on all matters coming before the Board; E. Assure that its representative director or alternate attends at least one meeting of the Board annually; F.Assure that its representative director and alternate keep informed about PARSAC's activities and assist them in doing so; G. Approve Amendments to this Agreement as set forth in Article XXIX; provided, however,the Member Entity may, by resolution or ordinance, authorize its director and alternate on the Board to approve and execute amendments on behalf of the Member Entity Adopted May 25, 2017 8 without the necessity of a resolution or ordinance of the legislative body of the Member Entity confirming or ratifying such amendment. H. File, in a prompt and timely manner, all statewide, county, and locally-mandated reports and filings, including but not limited to the Fair Political Practices Commission's Statement of Economic Interests; I. Undertake a risk management audit of its facilities and activities, conducted by a person and/or firm approved by PARSAC's Executive Committee and, based upon such report, to evidence correction, elimination and/or clarification of all noted deficiencies or recommended corrections to the satisfaction of PARSAC's Executive Committee. Risk management audits may be required by the Executive Committee as frequently as it chooses. Risk management audits may be paid by PARSAC and charged back to Member; J. Provide PARSAC with a copy of its most recent audited annual financial statements prepared by a Certified Public Accountant; or, if not available, provide PARSAC with the most recent set of unaudited monthly financial statements, and any other financial material as may be requested by PARSAC from time to time; K. Cooperate with, communicate and assist in a timely manner, PARSAC and any insurer, provider of excess coverage, claims adjuster, legal counsel or other service provider engaged or retained by PARSAC in all matters relating to this Agreement; L. Promptly cooperate with PARSAC to determine and/or clarify any incidents which might become losses, the cause of any and all actual losses, and methods to bring about settlement of claims; M. Comply with its obligations and responsibilities under this Agreement, the Adopted May 25, 2017 9 Bylaws, the Memoranda of Coverage, the Risk Management Standards, PARSAC's policies and procedures, and any other contract or requirement \[as any of the foregoing may be created or amended\] necessary to implement this Agreement or any Program; N. Pay any fines or penalties assessed by the Board or any regulatory agency that are attributable to the Member Entity's failure to perform in accordance with self-insurance regulations or comply with the provisions of this Agreement. An appeal may be filed with the appropriate regulatory agency. All decisions of the Board are final. O. Use an Executive Committee-approved third-party claims administrator for claims handling, under such circumstances as the Board of Directors may require. Failure to comply with any of the obligations under this section may be grounds for expulsion pursuant to Article XXIV of this Agreement. ARTICLE VIII BOARD OF DIRECTORS Except as otherwise provided in this Agreement or in the Bylaws, the powers of PARSAC shall be exercised, its property shall be controlled, and its affairs shall be conducted by its Board of Directors whose meetings, functions and activities shall be governed by the Bylaws. The Board shall be composed of one director who represents and acts on behalf of each respective Member Entity which participates in PARSAC's Liability and/or Workers’ Compensation Program. The number of persons on the Board shall be equal to the number of Member Entities. In addition, each Member Entity shall appoint a second individual as alternate director, who shall have the authority to attend, participate in, and vote at any meeting of the Board when the respective director is absent. Each director and alternate director shall be an elected official or employee of the respective Member Entity, shall be appointed by the Adopted May 25, 2017 10 respective Member Entity's governing body, and shall serve at its pleasure. If a director or alternate ceases to be an employee or elected official of a Member Entity for any reason, his or her position on the Board and any of its committees shall immediately terminate. The Board of Directors shall have the following powers and functions: A. The Board shall exercise all powers and conduct all business of PARSAC, either directly or by delegation of authority to other bodies or persons pursuant to this Agreement and applicable law; B. The Board shall form an Executive Committee from its membership. In the Bylaws the Board shall delegate to that Committee such powers as it sees fit; C. The Board may form such other committees as it deems appropriate in conducting PARSAC's business; D. The Board shall elect PARSAC's officers; E. The Board shall cause to be prepared and adopt PARSAC's annual operating budget; F. The Board shall develop, or cause to be developed, and shall review, modify as necessary, and adopt each of PARSAC's Programs, including all provisions for reinsurance and administrative services necessary to carry out such Program; G.The Board shall contractor otherwise provide for necessary services to PARSAC and to Member Entities. These necessary services may include, but shall not be limited to, risk management consulting, loss prevention and control, centralized loss reporting, actuarial consulting, claims adjusting, and legal defense services; H. The Board, either directly or through the Executive Committee, shall provide policy direction to PARSAC's General Manager; Adopted May 25, 2017 11 I. The Board shall receive and act upon reports of its committees and the General Manager, either directly or through the Executive Committee; J. The Board shall establish monetary limits upon any delegation of the claims payment and settlement authority, beyond which a proposed settlement must be referred to the Board for approval; K. The Board may require that PARSAC review, audit, report upon, and make recommendations with regard to the safety or claims administration functions of any Member Entity insofar as those functions are affecting PARSAC's liability or potential liability. The Board may forward any or all such recommendations to the Member Entity with a request for compliance and a statement of potential consequences for noncompliance; L. The Board shall receive, review and act upon periodic reports and audits of PARSAC's funds; M. The Board may amend, repeal or adopt new Bylaws, this Agreement or other key documents; N. The Board may increase, decrease, or otherwise amend the coverages, limits and other terms of any Memorandum of Coverage; O. The Board shall approve any proposal by the Executive Committee for Special Assessments from the Member Entities before such Special Assessments are billed; P. The Board may expel a Member Entity from any Program or from membership in PARSAC pursuant to Article XXIV of this Agreement; Q.The Board may ratify actions of the Executive Committee, where such ratification is required before the action becomes final; R. The Board may enter into a joint venture or contractual arrangement with any Adopted May 25, 2017 12 similar entity and may also enter into a merger or acquisition agreement with a similar entity, provided that if PARSAC is not the surviving entity in any such merger or acquisition, such action shall require approval by the vote of three-fourths of the Member Entities; and S. The Board shall have such other powers and functions as are provided for in this Agreement, the Bylaws, and applicable law. ARTICLE IX OFFICERS The officers of PARSAC shall be the President, Vice President, Treasurer, and Auditor/Controller, and their qualifications and duties shall be those set forth in the Bylaws. ARTICLE X EXECUTIVE COMMITTEE There shall be an Executive Committee, all of whose members shall be directors. The Executive Committee shall set policy for and direct the administration of PARSAC on a day-to- day basis and may, without limitation, provide incentives and impose penalties, financial or otherwise, for performing or failing to perform in conformance with PARSAC requirements, programs, standards and policies. The composition, specific authority and meeting arrangements of the Executive Committee shall be set forth in the Bylaws. ARTICLE XI ADMINISTRATION PARSAC shall have a general manager, who shall be appointed or terminated by the Executive Committee, shall be responsible to the Executive Committee for the efficient and effective administration of PARSAC, and who shall serve as the Secretary of PARSAC. The General Manager shall attend all meetings of the Board, the Executive Committee, and other committees of the Board (but shall have no vote), shall prepare and maintain all minutes of meetings of the Board and its Committees, notices of meetings, and records of PARSAC, and Adopted May 25, 2017 13 shall carry out all duties set forth in the Bylaws. ARTICLE XII BUDGET The Executive Committee shall recommend and the Board shall adopt an annual operating budget prior to the beginning of each Fiscal Year. ARTICLE XIII ANNUAL AUDITS AND REVIEWS A. Financial Audit. The Auditor/Controller shall cause an annual financial audit of the accounts and records to be prepared by a Certified Public Accountant in compliance with California Government Code Sections 6505 and 6505.5 or 6505.6 with respect to all receipts, disbursements, other transactions and entries into the books of PARSAC. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Government Code Section 26909 and shall conform to generally accepted accounting standards. A report of each such audit shall be filed as a public record with the Board, each of the Member Entities, and the auditor/controller of the county in which PARSAC’s administrative office is located. The report shall be filed within twelve \[12\] months of the end of the fiscal year under examination. PARSAC shall pay all costs for such financial audits. B. Actuarial Review. The Board shall cause an annual actuarial review to be prepared for each of the Programs of PARSAC and a report of such actuarial review shall be made available for inspection by the Board and the Member Entities. PARSAC shall pay all costs for such actuarial review. C. Claims Audit. The Board shall cause a biannual claims audit of the administration of the claims for each of the Programs of PARSAC. A report of such claims review shall be made available for inspection by the Board and the Member Entities. PARSAC Adopted May 25, 2017 14 shall pay all costs of such claims reviews. ARTICLE XIV ESTABLISHMENT AND ADMINISTRATION OF FUNDS PARSAC shall be responsible for the strict accountability of all funds and the reporting of all receipts and disbursements in accordance with generally accepted accounting principles. It will comply with all provisions of law relating to this subject, including California Government Code Sections 6500-6525. The Treasurer of PARSAC shall establish and maintain such funds andaccounts as may be required by good accounting practices and by the Board. Separate accounts shall be established and maintained for each Program Year of each Program of PARSAC. Books and records of PARSAC in the hands of the Treasurer or other designated person shall be open to inspection at all reasonable times by members of the Board or authorized representatives of the Member Entities. The Treasurer shall have the custody of and disburse PARSAC’s funds. He or she may delegate disbursing authority to such persons as may be authorized by the Board to perform that function provided that, pursuant to Government Code Section 6505.5, the Treasurer shall: A. Receive and acknowledge receipt of all funds of PARSAC and place them in the treasury to the credit of PARSAC; B. Be responsible upon his or her official bond for the safekeeping and disbursement of PARSAC's funds so held by him or her; C. Pay any sums due from PARSAC as approved for payment by the Board or by any body or person to whom the Board has delegated approval authority, making such payments from PARSAC's funds upon warrants drawn by the Auditor; D. Verify and report in writing to PARSAC and to Member Entities, as of the first Adopted May 25, 2017 15 day of each quarter of the fiscal year, the amount of money then held for PARSAC, the amount of receipts since the last report, and the amount paid out since the last report; E. Prepare a complete written report of all financial activities within one hundred and twenty \[120\] days after the close of each fiscal year for such fiscal year to the Board and to each Member Entity; and F. Receive, invest, and disburse funds in accordance with the procedures established by the Board or the Bylaws and in conformity with applicable law. Pursuant to Government Code Section 6505.1, the General Manager, the Treasurer, and such other persons as the Board may designate shall have charge of, handle, and have access to PARSAC's property. PARSAC shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in form specified by the Board, covering all officers and employees of PARSAC who are authorized to hold or disburse PARSAC's funds and all officers and employees who are authorized to have charge of, handle, and have access to PARSAC's property. The Authority shall defend and indemnify its directors, officers, and employees to the same extent as any other public entity of the State of California is obliged to defend and indemnify its public employees pursuant to California Government Code Section 825, et seq., or other applicable provisions of law. The Authority may insure or self-insure itself to the extent deemed necessary by the Board against loss, liability and claims arising out of or connected to the conduct of the Authority’s activities. ARTICLE XV SUPPORT OF PARSAC’S GENERAL EXPENSES Costs of staffing and supporting PARSAC \[hereinafter called PARSAC's general Adopted May 25, 2017 16 expenses\] shall be equitably allocated among the various Programs by the Board, and shall be funded by the Member Entities which participate in such Programs \[and ex-Member Entities\] in accordance with such allocations. ARTICLE XVI DEPOSIT PREMIUMS The Deposit Premiums for the Liability and Workers’ Compensation Programs shall be set at a level estimated to be sufficient, as determined by the Executive Committee, to cover PARSAC’s budget for each Policy year. The Deposit Premiums for the Member Entities shall be set by PARSAC using various rating and underwriting criteria, such as: \[1\] The Member Entity's payroll; \[2\]The Member Entity's exposurebase; \[3\] The results of an on-site underwriting inspection; \[4\] The Member Entity's prior claims history; \[5\] Total insurable values; and/or \[6\] Employee classification ratings. Deposit Premiums for the Liability, Workers’ Compensation, and Group Purchase Programs shall be billed to the Member Entities. At the conclusion of each Program Year, PARSAC shall conduct a payroll audit of each Member Entity to adjust for any discrepancies between estimated and actual payroll. In the sole discretion of PARSAC, an on-site payroll audit may be conducted by PARSAC or an independent auditor. Any adjustments in payrolls, either debits or credits, shall result in an assessment of additional premiums or a return of overpaid premiums. This adjustment shall be made within sixty (60) days after the date of the audit. Adopted May 25, 2017 17 ARTICLE XVII PARSAC MEMBERSHIP Member Entities shall participate in PARSAC's Liability Program and/or Workers’ Compensation Program as a condition of membership in PARSAC. Participation in either Program shall be a minimum of three years and the Term shall be renewed for subsequent one- year periods at the commencement of each Program Year upon payment of the applicable Deposit Premium, unless termination, withdrawal, or expulsion occurs pursuant to Articles XXIII and XXIV of this Agreement. The Executive Committee shall establish the initial SIR for each Liability or Workers’ Compensation Program Participant and may require a different SIR for Program Participants from time to time, in its sole discretion. Program Years shall begin on July 1 of each year and shall continue through the following June 30. Retroactive coverage may be provided as approved by the Board and documented on the Declaration Page of the respective Memorandum of Coverage. ARTICLE XVIII MEMORANDA OF COVERAGE The types and amounts of coverage for each Program available to Member Entities shall be specified in a Declarations Page and/or Memorandum of Coverage which shall be issued by PARSAC to each Member Entity for each Program Year in which the Member Entity has coverage. The Board shall have the power and authority to decrease, increase, or amend the coverage provided by a Memorandum of Coverage. If any such amendment is approved by the Board during a Program Year, no Member Entity participating in that Program Year shall be entitled to withdraw by reason of any said amendment prior to the termination of that Program Year. Adopted May 25, 2017 18 ARTICLE XIX SIR MANDATORY RESERVES/PAYMENTS A Member Entity participating in the Liability Program must establish by resolution a “Fund Balance Reserve” (“Reserve”) equal to three times (3) the designated SIR, or any underlying insurance deductible chosen, and approved for the Member Entity by PARSAC. The Reserve will be recorded and maintained in the appropriate Member Entity Fund in accordance with Generally Acceptable Accounting Principles. PARSAC will be notified of any proposed adjustment to the Reserve prior to the Member Entity’s adoption of such a resolution. PARSAC may request certification, by the Member Entity, of the balance in the Reserve account at any time. Applicants establishing coverage with PARSAC shall be required to submit the “Fund Balance Reserve Resolution” prior to coverage inception. Any Member Entity which does not desire to establish a local Fund Balance Reserve at the required three-times its SIR, or underlying insurance deductible amount, may contract for an actuarial study of its losses and reserves by a Fellow of the Casualty Actuary Society (FCAS) to ascertain and represent to PARSAC adequate SIR Reserves. Such SIR amount shall be established as the correct Reserve for that Member Entity. Although not obligated to do so, PARSAC may elect to pay a portion of claims expenses before the Member Entity’s self-insured retention has been exhausted in order to expedite the resolution of a claim. In this event, the member will be invoiced and shall have 30 days from the date of invoice to remit reimbursement. A 10% penalty shall be applied to the balance if payment is not received by the due date. The claims payment procedures for members participating in the Workers’ Adopted May 25, 2017 19 Compensation Program with a self-insured retention are as follows: 1. The Member Entity shall set up a checking account with the Third-Party Administrator (TPA). The TPA shall pay all claim expenses within the Member’s Entity’s self-insured retention from the checking account. The Member Entity shall be responsible for ensuring sufficient funds are available for all costs related to the checking account, including any set-up fees charged by the TPA; or 2. PARSAC shall pay all claim expenses within the Member Entity’s self-insured retention, which shall be reconciled and invoiced to the Member Entity quarterly. The Member Entity shall have 30 days from the date of invoice to submit its self- insured retention payment. A 10% penalty shall be applied to the balance if payment is not received by the due date. This option is available to Member Entities with an SIR of $100,000 or lower. ARTICLE XX RETROSPECTIVE PREMIUM ADJUSTMENTS AND ASSESSMENTS Retrospective Premium Adjustments (RPA) for self-funded Programs shall be calculated annually as determined by each Program’s funding policy. The Board may determine and levy special assessments on Member Entities by majority vote. The RPA is a financial reconciliation made by PARSAC to determine whether the Deposit Premium collected for that Policy Year was sufficient to cover the costs. An RPA summary is presented annually to the Board for approval. Distribution of credits or collection of assessments will follow each Program’s funding policy. If a Member Entity has timely withdrawn or been expelled from a Program, any Retrospective Premium Adjustment credit shall remain with PARSAC until all Policy Year(s) in which they participated have been closed and reconciled. Any Retrospective Premium Adopted May 25, 2017 20 Adjustment deficit shall be billed to the Member Entity at the time that particular Policy Year(s) is being reconciled. If a withdrawn or expelled member’s total equity for all program years in which they participated is insufficient, the member will be billed at the time the deficit is identified. A member that has untimely withdrawn from a program foregoes their right to any remaining equity and is subject to assessment for any deficits. ARTICLE XXI NEW MEMBERS Any California public entity as defined in Article I may apply for membership in PARSAC and participation in any of PARSAC's Programs at any time. Public Entities must participate in either the Liability or Workers’ Compensation program before participating in other Program offerings. PARSAC shall review all requests for Program membership, and the Executive Committee shall approve and the Board shall ratify, which applicants shall be accepted for membership, in which Programs they may participate, and when such participation shall begin. Public Entities shall become new Member Entities as of the effective date of coverage indicated on the Program Declarations Page and upon payment of the Deposit Premium. Public Entities which are in the process of formation shall be covered only as of the effective date of formation. Deposit Premiums for coverage which begins during a Program Year may be prorated for the remainder of the Program Year. A Public Entity applying for membership in the Workers’ Compensation or Liability Program shall complete, return and comply with all of the following: A. An “Application for a Certificate of Consent to Self-Insure” from the Department of Industrial Relations/Division of Self-Insurance Plans (DIR/SIP) (Workers’ Compensation only); Adopted May 25, 2017 21 B. Loss reports for the five (5) most recent policy years; C. Estimated payroll for the current year and corresponding to the 5 years of loss data D. Liability Exposure questionnaire from PARSAC, questionnaires from the excess carrier or reinsurer, and most recent three years’ audited financial statements; E. Undertake a risk management audit of its facilities and activities and, based upon such audit report, provide evidence of correction, elimination and/or clarification of all noted deficiencies revealed by such inspection; and F. Such other information as is reasonably required by PARSAC to assure compliance with law and PARSAC policies. ARTICLE XXII WITHDRAWAL Any Member Entity who has been a member for at least three full fiscal years may withdraw from its status as a member and as a party to the Joint Powers Agreement by submitting notice in writing to PARSAC as follows: A. Timely Notice of Withdrawal. A withdrawing Member Entity must notify PARSAC of its intention to withdraw at least six (6) months prior to the end of the fiscal year in which the member intends to withdraw, unless a shorter withdrawal period is approved by the Executive Committee, in its sole discretion. Withdrawing members who submit Timely Notice shall be subject to an administrative fee equal to their pro-rata share of ongoing expenses for the three program years following withdrawal. Ongoing expenses include but are not limited to staff payroll and benefits, actuarial services, investment services, financial audits, and claims administration. Withdrawing member will be Adopted May 25, 2017 22 invoiced for their portion of the administrative fee each of the three years. Calculation and Payment of Fee. The administrative fee shall be calculated based on the member’s actual payroll and self-insured retention level in the last year in which the member participated. In year one, 100% of the administrative fee will be charged to the member; 50% in year two; and 25% in year three. The withdrawing member shall be invoiced for their portion of the administrative fee and it shall not be taken from equity. Should equity be insufficient to cover any deficit, the member will be subject to assessment. The withdrawing member’s equity will remain with PARSAC until all years in which the member has participated are closed. Any equity remaining after all years have closed will be returned to the withdrawn member. B. Untimely Notice of Withdrawal. Members submitting a notice of intent to withdraw less than six (6) months prior to the end of the fiscal year, but not later than April 1, in which the member intends to withdraw shall be considered untimely. In the event of an untimely notice of intent to withdraw, the withdrawing member shall forego their right to any remaining equity. In addition to foregoing equity, withdrawing members who submit Untimely Notice shall be subject to an administrative fee equal to their pro-rata share of ongoing expenses for the three program years following withdrawal. Ongoing expenses include but are not limited to staff payroll and benefits, actuarial services, investment services, Adopted May 25, 2017 23 financial audits, and claims administration, and will remain subject to both the administrative fee and assessments for all years in which they participated. Withdrawing members will be invoiced for their portion of the administrative fee each of the three years. Calculation and Payment of Fee. The administrative fee shall be calculated based on the member’s actual payroll and self-insured retention level in the last year in which the member participated. In year one, 100% of the administrative fee will be charged to the member; 50% in year two; and 25% in year three. Withdrawal from the Liability or Workers Compensation Program shall terminate coverage under that Program. If withdrawal would result in the Member Entity no longer being a member of either the Liability or the Workers Compensation Program, then such withdrawal shall constitute withdrawal from this Agreement and from membership in PARSAC, subject to the ex-Member Entity's continuing obligations under Article XXV below. A notice of intent to withdraw may be rescinded in writing with Executive Committee consent at any time earlier than ninety (90) days before the expiration of the withdrawal period, except that any withdrawal approved by the Executive Committee upon less than 6 months notice shall be final. Any Member Entity which withdraws as a participant in any Program may renew participation in that Program by complying with all Program rules and regulations. Adopted May 25, 2017 24 ARTICLE XXIII EXPULSION Regardless of its three-year commitment under the Liability and/or Workers’ Compensation Program, a Member Entity may be expelled from PARSAC or a Program either with or without cause. The General Manager shall review any lack of satisfactory performance or other problem with the Member Entity and shall attempt to resolve the matter. If the General Manager determines that the Member Entity is unwilling or unable to correct the problem, the General Manager shall present the matter to the Executive Committee. The Executive Committee may recommend to the Board that the Member Entity be expelled, either with or without cause. Written notice of the Executive Committee's recommendation for expulsion shall be delivered to the Member Entity with return receipt at least fourteen \[14\] days before the Board meeting at which the matter will be discussed. Action by the Board shall require the vote of a majority of the total number of directors. Expelled members are subject to the administrative fee for a timely withdrawal as described in Article XXIII, Paragraph A. In considering the expulsion of a Member Entity, the Executive Committee shall allow the affected Member Entity a reasonable opportunity to address and remedy the reasons, if any, for the proposed expulsion. The period of time so allowed shall be within the sole discretion of the Executive Committee. If such a reasonable opportunity is allowed, PARSAC may require quarterly audits to monitor the affected Member Entity's remedial actions or any other conditions to its continued participation in PARSAC or its Programs. A Member Entity which is the subject of a proposed expulsion shall be responsible for investigating the availability of alternate coverage. On the request of the Member Entity, the Board may permit the Member Entity a reasonable time to make arrangements for alternative coverage, but such period of time shall be at the Board's sole discretion. Adopted May 25, 2017 25 ARTICLE XXIV EFFECT OF WITHDRAWAL OR EXPULSION ON MEMBER ENTITY'S RESPONSIBILITIES The withdrawal or expulsion of any Member Entity after its participation in any Program shall not terminate its responsibility with respect to the following: A. Provide PARSAC with such statistical and loss experience data and other information as may be necessary for PARSAC to carry out the purposes of this Agreement; B. Pay to PARSAC when due any Deposit Premiums or Retrospective Premium Adjustments for each Policy Year of each Program in which it participated; C.Cooperate fully with PARSAC in determining the cause of losses in the settlement of claims; D. Cooperate with and assist PARSAC and any insurer, excess provider, claims adjuster, legal counsel or other service provider engaged or retained by PARSAC in all matters relating to this Agreement; and E. Comply with the Bylaws and all policies and procedures of PARSAC not inconsistent with the provisions of this Agreement and not inconsistent with its withdrawal from PARSAC. Disposition of Equity – Timely Withdrawal or Expulsion. In addition, PARSAC shall retain all remaining equity, and the ex-Member Entity is obligated to pay any future assessments made with respect to the Policy Years of any Program in which it participated, until all such Policy Year\[s\] have been closed, at which time PARSAC shall refund to the ex- Member Entity, any remaining equity which was not expended in settling, paying or otherwise resolving claims against the ex-Member Entity. Disposition of Equity – Untimely Withdrawal. PARSAC shall retain all remaining equity Adopted May 25, 2017 26 and the ex-Member Entity is obligated to pay any future assessments made with respect to the Policy Years of any Program in which it participated, until all such Policy Year\[s\] have been closedand the administrative fee charged per Article XXII, Paragraph B. ARTICLE XXV TERMINATION OF AGREEMENT AND DISTRIBUTION OF ASSETS This Agreement shall continue in full force and effect until terminated. Termination of this Agreement shall also constitute the termination of all Programs. This Agreement may be terminated at any time by the vote of three-fourths of the Member Entities; provided, however, that this Agreement and PARSAC shall continue to exist for the purpose of disposing of all claims andpaying its obligations (to CalPERS) for employees’ health and pension benefits, before the distribution of assets, and any other functions necessary to wind up the affairs of PARSAC. Upon termination of this Agreement, all assets of each Program of PARSAC shall be distributed among the Member Entities \[and ex-Member Entities which previously timely withdrew or were expelled\] which participated in such Programs, in accordance with the retrospective premium adjustment process in effect during the term of this Agreement. Such distributions shall be determined within six \[6\] months after the disposal of the last pending claim or other liability covered by each Program. Following the termination of this Agreement, any Member Entity which was a participant in any Program of PARSAC shall pay any additional amount of premium, determined by the Board or its designee in accordance with a retrospective premium adjustment, which may be necessary to enable final disposition of all claims arising from losses under that Program during the Member Entity's period of participation. The Board is vested with all powers of PARSAC for the purpose of concluding and Adopted May 25, 2017 27 dissolving the business affairs of PARSAC. The Board may designate legal counsel and any committee or person to carry out a plan of dissolution adopted by the Board. ARTICLE XXVI NOTICES Notices to Member Entities under this Agreement or the Bylaws shall be sufficient if mailed to their respective addresses on file with PARSAC. Notices to PARSAC shall be sufficient if mailed to the address of the principal executive office of PARSAC, addressed to the General Manager. ARTICLE XXVII PROHIBITION AGAINST ASSIGNMENT No Member Entity may assign any right, claim, or interest it may have under this Agreement, and no creditor, assignee or third-party beneficiary of any Member Entity shall have any right, claim or title to any part, share, interest, fund, premium or asset of PARSAC. ARTICLE XXVIII AMENDMENTS This Agreement may be amended by a two-thirds vote of the Board present and voting at any duly convened regular or special meeting; provided that, any such amendment has been submitted to the directors and the Member Entities at least thirty \[30\] days in advance of such meeting. Member Entities may, by resolution or ordinance, grant their director and alternate on the Board explicit authorization to approve and execute amendments to this Agreement on behalf of the Member Entity without the necessity of a resolution or ordinance of the legislative body of the Member Entity confirming or ratifying such amendment. Any such amendment shall become effective immediately, unless otherwise stated therein. Adopted May 25, 2017 28 ARTICLE XXIX SEVERABILITY Should any portion, term, condition or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be affected thereby. ARTICLE XXX AGREEMENT COMPLETE The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein, except as noted with respect to the Bylaws and Memoranda of Coverage. If any provision of this Agreement conflicts with a provision of the Bylaws, Memoranda of Coverage or other document, such conflicting provisions shall be interpreted to avoid any such conflict, but this Agreement shall govern. Adopted May 25, 2017 29 ARTICLE XXXI EXECUTION OF COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but altogether shall constitute one and the same Agreement. Public Agency Risk Sharing Authority of California \["PARSAC"\] Date: By: ________________________________________ Name/Title Attest: __________________________________________ Deputy Secretary, PARSAC Member Entity: __________________________ Date: By: __________________________________________ Name/Title Attest: __________________________________________ City/Town Clerk Adopted May 25, 2017 30 APPENDIX “A” PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA \[PARSAC\] MEMBER ENTITIES City of Amador City City of Avalon City of Belvedere City of Blue Lake City of California City City of Calimesa City of Calistoga City of CitrusHeights City of Clearlake City of Coalinga City of Ferndale City of Grass Valley City of Highland City of Menifee City of Nevada City City of Pacific Grove City of Placentia City of Placerville City of Plymouth City of Point Arena City of Rancho Cucamonga Rancho Cucamonga Fire Protection District City of Rancho Santa Margarita City of San Juan Bautista City of South Lake Tahoe City of Tehama City of Trinidad Town of Truckee City of Twentynine Palms City of Watsonville City of West Hollywood City of Wheatland City of Wildomar Town of Yountville City of Yucaipa Town of Yucca Valley Adopted May 25, 2017 31 Date: By: ________________________________ Name/Title Attest: ______________________________ Deputy Secretary, PARSAC Member Entity: _______________________ Date: By: ________________________________ Name/Title Attest: ______________________________ City/Town Clerk 8 Lines of coverage PARSACREMIF Liability Employment Practices Liability Automobile Liability rd Property Damage (3 party) Workers’ Compensation Auto Physical Damage Public Official Errors and Omissions Property Damage (for members’ property) Special Events Coverage Fidelity Bond Employee Benefits (dental, vision, LTD, life) Medical benefits (actives, retirees) Services Offered PARSAC REMIF Safety Program Grants Consultation and referral services Customized risk management presentations Video and print resource library Regional and onsite risk management training Web-based OSHA safety courses In person OSHA safety courses Web-based employment practices courses On site risk assessments Post-accident assistance and mitigation Operational Best Practices Templates Page 3 of 4 Lexipol Fire and LE Consultation with employment law firms Liebert Cassidy Whitmore (LCW) Consortium Membership DMV pull program DOT Drug Screening Program Defensive Driver Training Pre-employment physicals Page 4 of 4 DATE:October 21, 2020 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Lori Sassoon, Deputy City Manager/Administrative Services Robert Neiuber, Human Resources Director SUBJECT:Consideration of a Resolution Adopting a Joint Powers Agreement and Bylaws for the California Intergovernmental Risk Authority, which permits the joining of Public Agency Risk Sharing Authority of California and the Redwood Empire Municipal Insurance Fund. (RESOLUTION NO. FD2020-019) RECOMMENDATION: Staff recommends the Board of Directors of the Rancho Cucamonga Fire Protection District approve a resolution adopting a Joint Powers Agreement and Bylaws for the California Intergovernmental Risk Authority (CIRA), which permits the merger and joining of the Public Agency Risk Sharing Authority of California (PARSAC) and the Redwood Empire Municipal Insurance Fund (REMIF). BACKGROUND: The Rancho Cucamonga Fire Protection District participates in an intergovernmental arrangement through which a group of cities and towns (referred to as the members) contribute to a shared fund that pays for liability and workers’ compensation claims and provides risk management services. That fund is referred to as a pool. Pools are empowered to exist through the sections of the California Government Code that permit a joint powers authority (JPA), which allow two or more like entities to pool funds to pay for claims. This pool functions as an extension of the Rancho Cucamonga Fire Protection District and is governed by a board of directors comprised of members in the pool. The primary purpose of any public entity pool is to manage and reduce underlying risks to the benefit of public entity members and the public at large by creating, fostering, and managing safe environments in order to minimize personal, physical, and property damages and losses. The Redwood Empire Municipal Insurance Fund (REMIF) is a public entity pool representing 15 small to medium sized cities/towns and provides workers’ compensation coverage, and includes liability coverage and other services. The Public Agency Risk Sharing Authority of California (PARSAC) is a public entity pool representing 34 small to medium sized cities/towns and one fire district which provides liability coverage. Coverage includes workers’ compensation coverage and other services. Page 1 of 3 PARSAC and REMIF provide a pooled liability program, pooled workers’ compensation program, coverage for group purchased property, Board of Directors public officials’ errors and omissions, auto physical damage, special events, fidelity bonds, cyber liability and other ancillary benefits. In addition, REMIF has a pooled medical/health program. Through PARSAC’s fiscally conservative approach, their liability and workers’ compensation programs are funded in excess of the 90% confidence level. Both pools focus on managing and maintaining a financially stable risk sharing pool for members, and the boards of directors have conservative funding and investment philosophies. They share a similar philosophy to embrace diverse opinions, have discussions that are constructive and collaborative, encourage participation from the members, balance member interests with those of the pool and work together towards a greater good. Both pools also share a similar culture in that the pools are member owned, member governed, member driven and exist to serve their members. The organizations are also similar in that they serve small to medium sized cities/towns, and share a similar footprint in Northern California, while PARSAC has presence throughout the State. A comparison matrix of the lines of coverage and services offered by both pools are attached to this staff report. ANALYSIS: Given the similarities between the two agencies, REMIF and PARSAC explored a strategic partnership, which led to a proposed merger between the two organizations. The Board of Directors for the pools directed the creation of a new pool (called the California Intergovernmental Risk Sharing Authority or CIRA) effective 07/01/21. There will be great benefits in sharing resources, sharing expenses and drawing on strengths. Benefits also include succession planning, more robust, stable programs, shared training resources, long term program sustainability, and eliminating redundancies. The intent of a merger between PARSAC and REMIF is to have long term stability, sustainability and adding depth and breadth to the agencies, with the singular goal of better serving its members. To proceed, the individual members must seek adoption of the CIRA agreements, attached hereto. The Fire Board is asked to adopt the CIRA Joint Powers Agreement and Bylaws, and further direct staff to work with the CIRA on steps necessary to complete the merger. The merger will consolidate the operations and expenses of both pools. CIRA will work towards eliminating redundant expenses which will lower long term operating costs. Consolidating operations will also achieve greater economies of scale, improve service delivery, and CIRA will be in better position to leverage its larger size for better services, rates and coverage with service providers and excess insurers. A larger organization will also result in more predictable funding and reserving forecasts (with more available data), which reduces the likelihood of future assessments. The merged organization will be more fiscally viable and provide greater long-term stability and sustainability. Staff recommends the Fire Board approve the attached resolution adopting the Joint Powers Agreement and Bylaws which permit joining CIRA. FISCAL IMPACT: Adoption of this agreement will result in long-term costs savings for the Rancho Cucamonga Fire Protection District. Page 2 of 3 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: WORKING TOGETHER COOPERATIVELY AND RESPECTFULLY WITH EACH OTHER, STAFF, AND ALL STAKEHOLDERS. The City carries out its mission and works towards its vision, and is guided by working together cooperatively and respectfully with each other, staff, and all stakeholders. ATTACHMENTS: Attachment 1 – Resolution Attachment 2 - California Intergovernmental Risk Authority Joint Powers Agreement Attachment 3 - California Intergovernmental Risk Authority Joint Powers Agreement Bylaws, Attachment 4 - Comparison Matrix of Lines of Coverage and Services Offered Page 3 of 3 RESOLUTION NO. 20- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ADOPTING A JOINT POWERS AGREEMENT AND BYLAWS FOR CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY, WHICH PERMITS THE JOINING OF THE PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA AND THE REDWOOD EMPIRE MUNICIPAL INSURANCE FUND WHEREAS, the Rancho Cucamonga Fire Protection District is a party to the Joint Powers Agreement creating the Public Agency Risk Sharing Authority of California, dated November 19, 1993 (the “Joint Powers Agreement”), and as such, is a Member Agency of the Public Agency Risk Sharing Authority of California (“PARSAC”), as that term is defined in the Joint Powers Agreement; and WHEREAS, PARSAC and Redwood Empire Municipal Insurance Fund (“REMIF”) have engaged in a strategic partnership, leading to a proposed merger between the two organizations; and WHEREAS, The Board of Directors for PARSAC and REMIF have directed the creation of a new pool called the California Intergovernmental Risk Sharing Authority (“CIRA”), effective 07/01/21; and WHEREAS, each Member Agency of PARSAC is required to adopt the CIRA Joint Powers Agreement and Bylaws to complete the merger; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Rancho Cucamonga Fire Protection District to approve adoption of the Joint Powers Agreement and Bylaws for the California Intergovernmental Risk Authority (CIRA), which permits the merger and joining of the Public Agency Risk Sharing Authority of California (PARSAC) and the Redwood Empire Municipal Insurance Fund (REMIF). Please see the following page for formal adoption, certification and signatures th PASSED, APROVED AND ADOPTED this 21 day of October, 2020. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, Mayor ATTEST: Janice Reynolds, City Clerk I, Janice Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of st Rancho Cucamonga, at a Meeting of said Council on the 21 day of October, 2020. Executed this 21st day of October, 2020, at Rancho Cucamonga, California. Janice Reynolds, City Clerk Resolution No. 20-XXX - Page 2 of 2 BYLAWS of the CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY ARTICLE I. PREAMBLE The California Intergovernmental Risk Authority (“CIRA” or “the Authority”) is established for the purposes and under the authorities described in its Joint Exercise of Powers Agreement (“Agreement”). The Agreement specifies that Bylaws will govern many of the operations of the Authority, and defines certain terms used in these Bylaws. ARTICLE III. NEW MEMBERS Any California public agency that provides municipal services may become a Member of the Authority by agreeing to be bound by the Governing Documents and by complying with all of the following requirements: A. Submit a completed application for membership 90 days before the start of the fiscal year, including any required application fee; B. Submit a signed resolution acknowledging participation under the terms and conditions which then prevail; C. Execute the Agreement then in effect and agree to be bound by any subsequent amendments to the Agreement; D. Agree to be a Member for at least five consecutive fiscal years after commencement of membership or, if a member of the Public Agency Risk Sharing Authority of California (PARSAC) or the Redwood Empire Municipal Insurance Fund (REMIF) as of June 30, 2021, for two fiscal years after that date; E. Be accepted for membership by a two-thirds vote of the Board of Directors; F. Appoint, in writing, a representative to act as Director on the Authority’s Board and another to act as alternate Director in the absence of the Director, who shall be officers or employees of the Member; and G. Ensure the Director and alternate Director file with the Authority the required Fair Political Practices Commission (FPPC) forms upon assuming office, annually, and upon termination of office. Before the Board votes on a potential Member’s application, there shall be a review and interview of the applicant, in accordance with the Underwriting Guidelines, including the applicant’s most recent audited financial statement and associated management letters. This review may also include a safety inspection of the facilities of the applicant. A two-thirds vote of the Board of Directors is required to approve the 1 65365.00002\\33006226.3 application, based upon the application, and any inspections, reports, or other material pertinent to the decision. ARTICLE IV. MEMBER RESPONSIBILITIES Each Member is responsible for the following: 1. Cooperation with the Authority, its insurers, adjusters and legal counsel in determining the cause of losses in settling claims, and supporting effective risk management and risk transfer decisions; 2. Timely payment of all contributions, assessments, interest, penalties, or other charges imposed consistent with the Governing Documents; 3. Providing the Authority with statistical and loss experience and other data as requested. 4. Execution of a membership resolution for each Program in which the Member participates. 5. Appointing a representative and alternate to represent the Member on the Authority’s Board, expressly authorizing such representatives to act on behalf of the Member on all matters coming before the Board, and assuring that its representative or alternate regularly attend meetings of the Board and any committee to which a representative has been appointed. 6. Execution of amendments to this Agreement as set forth in Article XV; provided, however, the Member may, by resolution or ordinance, authorize its representative on the Board to approve and execute amendments on behalf of the Member without the necessity of a resolution or ordinance of the legislative body of the Member confirming or ratifying such amendment. 7. As required by the Authority, undertake risk management audits of its facilities and activities, conducted by a person and/or firm approved by the Authority and provide evidence of correction, elimination and/or clarification of all noted deficiencies or recommended corrections to the satisfaction of the Authority. 8. Use of an Authority-approved third-party claims administrator. 9. Payment for the costs of staffing and supporting the Authority (“general expenses”) shall be funded by the Members in accordance with the Board’s allocation of general expenses to the Authority’s various Programs. ARTICLE V. GOVERNING BOARD A. The governing body of the Authority shall be the Board of Directors (Board). The Board shall be comprised of one Director from each Member. Each Director has one vote. An alternate Director may cast a vote only in the absence of the Director. Each Director and alternate Director must be an officer or employee of the Member. A Member may change any of its representatives to 2 65365.00002\\33006226.3 the Board only by written notification to the Authority from the Member’s governing body or the Member’s Chief Executive Officer or equivalent. B. The Board shall provide policy direction for the General Manager, the Executive Committee, any other standing committees, and any administrative or legal service providers to the Authority. The Board may delegate any or all of its responsibilities, except those requiring a vote by the Board as specified in the Governing Documents. C. As to Program-specific agenda items, only the Directors representing Members that participate in that Program may vote, and as to such items a quorum shall be determined by reference to the number of Members participating in the Program. As to agenda items relating to all liabilities and obligations of CIRA existing prior to the Effective Date (“Preexisting Obligations”), only Directors representing Members who were members of the Authority prior to the Effective Date may vote, and as to such items, a quorum shall be determined solely by reference to the number of Members that were members of the Authority prior to the Effective Date. D. The Board reserves unto itself the authority to do the following (except where specifically noted, a simple majority of the Board present at a meeting may take action): 1. Accept a new Member to the Authority (two-thirds vote of the Board); 2. Accept indebtedness (two-thirds vote of the entire Board); 3. Adopt a budget; 4. Amend these Bylaws; 5. Elect and remove Officers; 6. Expel a Member from the Authority (two-thirds vote of the Board); 7. Approve dissolution of Authority (two-thirds vote of the entire Board); and 8. Approve financing costs from one Program to another (Program to Program borrowing) if such financing extends beyond a twelve-month period. E. The Board will meet at least once a year to review the operations of the Authority. The Board will establish a time and place to hold such regular meetings. The Board Secretary will mail notices of all Board meetings to each Member, keep minutes of the meetings, and send copies of such minutes to the Members. F. A special meeting may be called by the president or by a majority of the Board with twenty-four (24) hours’ notice, stating the purpose, date, time, and place of the meeting, provided such notice is in writing. G. Every Member is expected to have its Director or alternate attend Board meetings. 3 65365.00002\\33006226.3 H. All meetings of the Board shall be conducted in accordance with the Ralph M. Brown Act (Government Code §54950 et seq.) I. A quorum shall consist of a majority of the Directors then appointed and serving, without counting vacancies. All matters within the purview of the Board may be decided by a majority vote of a quorum of the Board, except as specified otherwise in the Governing Documents. ARTICLE VI. OFFICERS A. The officers of the Authority shall consist of a President, a Vice President, a Treasurer, an Auditor/Controller, and a Secretary. The Board shall elect the President, Vice-President, Treasurer, and Auditor/Controller. The President, Vice-President, and Auditor/Controller must be directors on the Board. The Treasurer may be a Director, an employee of the Authority, or an employee of a Member, and if the Treasurer is an employee of a Member the employee need not be the Member’s designated representative on the Board. The General Manager shall serve as Secretary. B. Initial officers shall serve staggered terms with the President and Treasurer serving a two-year term and Vice President and Auditor/Controller serving a one-year term. The terms of office for subsequent officer elections shall be two years. The President and Auditor/Controller will be elected in odd-numbered years and the Vice President and Treasurer will be elected in even- numbered years. C. Initial officers (other than the Secretary) shall be elected at the first meeting of the Board of Directors. At least 30 days before each subsequent election, the President may appoint a nominating committee as set forth in these Bylaws or propose a slate informally. D. The nominating committee’s nomination of candidates for elected officer positions shall be made in writing, and the slate of nominees will be sent to each Member at least seven (7) days before the last regular Board meeting of the fiscal year. Additional candidates for any of the offices may be made by an open nomination and second from the floor at the time of the meeting. E. The election of officers will be held at the last regular Board meeting of the fiscal year in which their terms expire or at a special meeting called for that purpose. Those candidates receiving a majority of votes cast for each office will succeed to those offices. If no nominee receives a majority of the vote, the nominee with the least votes shall be deleted as a nominee and a new vote taken. This elimination process will continue until one nominee receives a majority vote. Each Director or, in the absence of that Director, the Director’s alternate, shall be eligible to vote. F. Each elected officer will serve until the next election of officers, or termination of his or her employment with the Member, or until removal from office by a majority vote of the Board, whichever is earliest. G. The Board shall make the appointment to a vacancy in the office of the President. Vacancies in any other office shall be filled by appointments by the President with ratification by the Board at 4 65365.00002\\33006226.3 the next Board meeting held after the vacancy occurs. In the event that the Board fails to ratify an appointment, the President shall make another appointment which will be subject to ratification by the Board. H. The President shall preside at all meetings of the Authority. The President shall, with the consent of the Board or Executive Committee, appoint representatives to the board of any joint powers authority of which the Authority is a Member, and shall make all Committee appointments with the exception of the Executive Committee. The President shall execute documents on behalf of the Authority as authorized by the Board and shall serve as the primary liaison between the Authority and any other organization. The President shall serve as a member of the Executive Committee and as a nonvoting ex-officio member of all other Committees. I. In the absence or temporary incapacity of the President, the Vice-President shall exercise the functions of the President. The Vice-President shall serve as member of the Executive Committee and as a nonvoting ex-officio member of all other committees when the President is unable to attend. J. The Auditor/Controller shall be responsible for the duties and functions prescribed by Government Code Section 6505.6, as well as any other duties as may be specified by the Board or the Executive Committee. The Auditor/Controller may appoint an assistant to serve as needed, provided such assistant shall not be an employee or public official of the same Member as the Auditor/Controller. In the absence of both the President and Vice President at any one meeting, the Auditor/Controller shall preside over that meeting only and shall have powers and duties as may be required by the Board for this purpose. If the President, Vice-President, and Auditor/Controller will be absent from any one meeting, any of them may designate a director to preside over the meeting, but the designated director shall have only the powers and duties as may be required by the Board for this purpose. K. The Secretary shall be responsible for preparing all minutes and agendas of the Board, the Executive Committee, and any other Committee meetings, preparing necessary correspondence, and maintaining files and records. L. The Treasurer shall have no vote on the Board or Executive Committee unless the Treasurer is a designated representative of a Member to the Board. The Treasurer shall have the responsibility to establish and maintain such funds and accounts as may be required by accepted accounting practices and procedures prescribed by the Government Accounting Standards Board and by the Board. Separate accounts shall be established and maintained for each Program Year of each Program. Books and records of the Authority in the hands of the Treasurer or other designated person shall be open to inspection at all reasonable times by members of the Board or authorized representatives of the Members. The Treasurer shall disburse Authority funds, accounts, and property, in accordance with the Government Code and at the direction of the Board. M. An Officer Emeritus is a retired or former member of the Authority’s or REMIF’s Executive Committee or Board of Directors, preferably an Officer, having served three terms or more on the Executive Committee or six years on the Board for each agency. The Officer Emeritus serves to maintain the institutional knowledge, culture, and practice of CIRA. The Officer Emeritus is 5 65365.00002\\33006226.3 independent and does not represent any Member. The Officer Emeritus attends and may participate in meetings but does not vote. The Officer Emeritus may represent CIRA as directed and may serve as a mentor or advisor as needed and available. The Officer Emeritus receives a stipend as determined by the Board via resolution and reimbursement for reasonable travel expenses. The Executive Committee shall appoint up to two Officers Emeritus to be affirmed by the Board. The Officer Emeritus position will be re-evaluated by the Board after five years. ARTICLE VII. COMMITTEES A. Executive Committee. There shall be an Executive Committee to conduct the day-to-day business of the Authority. The Board may create other committees, standing or temporary, as it deems necessary. B. All committee meetings shall be conducted in accordance with applicable law, including but not limited to the Ralph M. Brown Act (Government Code § 54950, et seq.). For all committees, a quorum shall consist of a majority of committee members then appointed and serving, without counting vacancies. All matters within the purview of a committee may be decided by a majority vote of a quorum of the committee, except as specified otherwise in the Governing Documents. C. The Executive Committee shall be composed of thirteen members including the President, Vice- President, Treasurer (if a Board Member), and Auditor/Controller, and nine (or ten, if necessary) otherindividuals, all of whom must be Directors and not alternates. Five of the nine shall be elected by the Board in even numbered years and four (or five, if necessary) shall be elected by the Board in odd numbered years. One each shall be elected by the Directors in each of three regions designated by the Board. One each shall be elected by the Directors in each of three size categories (small, medium, and large) designated by the Board. Three (or if necessary four) shall be elected at large. Executive Committee members may be re-elected without restriction. All nine shall be elected in the first election following adoption of these Bylaws, with either four or five being designated to serve an initial term of one year until the next election depending on whether the next year is odd or even. For the first two elections after these Bylaws become effective on July 1, 2021, at least five members of the Executive Committee shall be from former members of the Redwood Empire Municipal Insurance Fund. No Member shall be represented by more than one member on the Executive Committee. D. Members of the Executive Committee may be removed with or without cause by the Board, which shall elect replacements for the vacancies caused by such removal. Members may also be removed for failure to attend two consecutive meetings without reasonable excuses. The President may appoint replacements to fill any vacancies caused by death, disability, resignation, disqualification, or removal for unexcused absences, and such appointees shall serve until the next meeting of the Board, at which time the selection of replacement shall be ratified or another replacement elected. E. The Executive Committee may exercise all powers and authority of the Board, except those reserved to the Board as set forth in Article V.D. The Executive Committee may make recommendations to the Board on matters including a change in Members’ retention levels, approval of the annual budget, and approval of new Members. The Executive Committee may also establish subcommittees, define their functions and responsibilities and appoint members 6 65365.00002\\33006226.3 to them; appoint or terminate the General Manager; and exercise such other powers and perform such other duties as these Bylaws or the Board may prescribe. F. PARSAC Committee. The Board shall appoint a committee made up of representatives of Authority members that were members prior to the Effective Date to make recommendations to the Board regarding the administration of the Preexisting Obligations. G.Personnel Committee.The Officers(not including the Secretary or any Treasurer who is not a Director)and twoother Directors appointed by the President(three if the Treasurer is not a Director) shall serve collectively as the Personnel Committee, with the authority to oversee, review and recommend action to be taken by the Executive Committee regarding the performance and compensation of the General Manager and any other personnel issues. ARTICLE VIII. GENERAL MANAGER A. The General Manager shall be the Chief Administrative Officer and Secretary of the Authority, appointed by the Board and serving at the pleasure of the Board. The General Manager may not be an employee or an officer of a Member. B. The General Manager shall be responsible for administering the operations of the Authority, including giving notices of meetings, posting of agendas for meetings, preparation of minutes of meetings, maintenance of all accounting and other financial records of the Authority, filing of all financial reports of the Authority, reporting activities of the Authority to Members, and other such duties as the Board may specify. C. The General Manager shall appoint all staff positions of the Authority, subject to budget approval by the Board, and shall be responsible for their supervision. D. The General Manager shall attend all meetings of the Board and Executive Committee ARTICLE IX. SETTLEMENT OF CLAIMS A. The General Manager shall have authority to settle workers compensation, property and liability claims up to the limit specified by Board policy but not to exceed the actual amount of the claim. The Executive Committee, Board, or a designated claims committee, if appointed, shall have authority to settle claims beyond the authority of the General Manager. B. For workers’ compensation claims, staff has standing authority to pay benefits due under workers’ compensation law for medical benefits, temporary disability, etc. and to resolve permanent disability claims up to statutory requirements. Any settlements for permanent disability and/or a compromise and release exceeding the statutory requirements may be settled by the General Manager, or by the Executive Committee or Board for amounts in excess of the General Manager’s authority up to the Authority’s limit of coverage. 7 65365.00002\\33006226.3 ARTICLE X. FINANCIAL AUDIT A. The Auditor/Controller shall cause an annual audit of the financial accounts and records of the Authority to be made by a qualified, independent individual or firm. The minimum requirements of the audit shall be those prescribed by law. B. The financial audit report shall be filed with the State Controller’s Office within six months of the end of the fiscal year under examination. A copy of the audit report shall be filed as a public record with each Member. C. The costs of the audit shall be charged against the operating funds of the Authority. ARTICLE XI. FISCAL YEAR A. The fiscal year of the Authority shall be the period from July 1 of each year through June 30 of the subsequent year. ARTICLE XII. BUDGET A. A draft budget shall be presented to the Board at the last scheduled Board meeting prior to July 1 of the next fiscal year. B. The Board shall adopt the annual budget by July 1 of each year. ARTICLE XIII. ESTABLISHMENT AND ADMINISTRATION OF FUNDS A. The Authority is responsible for the strict accountability of all funds and reports of all receipts and disbursements. It shall comply with every provision of law relating to the subject, particularly Section 6505 of the Government Code. The Treasurer shall receive, invest, and disburse funds only in accordance with procedures established by the Board and in conformity with applicable law. B. The funds received for each Program shall be accounted for separately on a full-accrual basis. The portion of each Program’s annual contribution allocated for payment of claims and losses shall be held by the Authority in trust for the Program members. C. The Treasurer may invest funds not required for the immediate operations of the Authority, as directed by the Board or Executive Committee, in the same manner and on the same conditions as local agencies as provided by Government Code Section 53601. D. The General Manager shall draw warrants to pay demands against the Authority, after such demands have been approved by both the President and the Treasurer, except for employee payroll and benefits disbursements, and other unusual or urgent circumstances as determined 8 65365.00002\\33006226.3 by the General Manager. All checks disbursing funds of the Authority shall be signed by at least two Authority officials, one of whom must be the General Manager or designee. E. Officers, directors and employees handling funds shall be properly bonded as determined by the Board or Executive Committee. ARTICLE XIV. PROGRAMS A. The Authority shall establish Programs in such areas as the Board may select including, but not limited to, the areas of property, workers’ compensation, and liability coverage. B. Coverage in a Program may be provided by a self-funded risk-sharing pool, participation in pooled excess self-insurance, purchased insurance, reinsurance or any combination thereof, as determined by the Board or Executive Committee. C. The Authority may authorize and use administrative funds to study the feasibility and development of new Programs. If a new Program is approved by the Board, the estimated contributions to fund the Program shall be developed and presented in writing to each Member. Each Member shall have sixty (60) days from the date of such notice to state in writing its intent to join or refrain from joining the new Program. Unless the Member provides written notice to the Authority of its intent to participate in the new Program, it shall be presumed that the Member declines to participate in the Program. Upon conclusion of the notice period, the final contributions will be determined and billed to the Members in the new Program. Each Member that elected to participate will be bound to the new Program for the period of time required by the Master Program Document. D. The Board will adopt and maintain a Memorandum of Coverage and Master Program Document, and determine the financial contributions to be required of the Members for each Program. The Memorandum of Coverage or Master Program Document shall, among other things, establish procedures for addressing claims disputes. E. Each Program will be financially self-contained and individually evaluated for administrative and equity allocation purposes. Each fiscal year within each Program shall be separately accounted and maintained. Program funds may be co-mingled with the funds of another Program for durations shorter than a twelve-month period, or when specifically allowed by the Board. F. Each Member shall cooperate fully with the Authority to provide underwriting and safety and loss control information. Additionally, each Member shall comply with the provisions of the annual Safety and Loss Prevention Program Plan as approved by the Board. G. Members with delinquent amounts due may be assessed a penalty which shall be set by the Authority. H. The condition of each Program shall be evaluated by an independent actuary. The Workers’ Compensation and Liability Programs shall receive such evaluation on an annual basis. Other Programs shall be evaluated as determined by the Board. The condition of each open fiscal year within each such Program shall be evaluated to determine its actuarial soundness. If it is 9 65365.00002\\33006226.3 determined by the actuary that any year is no longer actuarially sound, appropriate actions shall be taken. In addition, the Board reserves the right to assess all Members and/or the Members of any Program an amount determined by the Board to be necessary for the soundness of the Program and to allocate such assessment in a fair and equitable manner. I. The withdrawal or expulsion of a Member from any Program shall be in accordance with the provisions of the Master Program Document. J. The withdrawal or expulsion of any Member from any Program shall not terminate the Member’s responsibility to contribute its share of contributions, or funds, to any fund or Program in which it participated, nor its responsibility to provide requested data for the periods in which it participated. All current and past Members shall be responsible for their respective share of the expenses, as determined by the Authority, until all claims, or other unpaid liabilities covering the period of the Member’s participation in the Program, have been finally resolved and a determination of the final amount of payments due by, or credit to, the Member for the period of its participation has been made by the Board. Past Members shall receive any distribution of surplus based on the same methodology as current Members. The withdrawal or expulsion of any Member from any Program shall not require the repayment or return to that Member of all or any part of any contributions, payments, advances, or distributions except in conformance with the provisions as set forth herein and in the Master Program Document. K. The Treasurer may deposit and invest Authority funds, subject to the same requirements and restrictions that apply to deposit and investment of the general funds of a city incorporated in the State of California and in accordance with the Investment Policy adopted annually by the Board. L. The accounting method for each Program will be in accordance with the provisions of the Master Program Document and the principles established by the Government Accounting Standards Board. ARTICLE XV. WITHDRAWAL, DEFAULTS AND EXPULSION FROM THE AUTHORITY A. Withdrawal from a Program 1. Any Member which withdraws as a participant in any Program may renew participation in that Program by complying with all Program rules and regulations. 2. All Members must participate in at least one of the following two Programs: Workers’ Compensation and Liability. If withdrawal from a Program would result in the Member no longer participating in either of these two Programs, then such withdrawal shall constitute withdrawal as a party to the Joint Powers Agreement, subject to the Member’s continuing obligations outlined in this Agreement and any other relevant governing documents. Withdrawal from the Authority pursuant to this Section A requires one year’s notice of intent to withdraw as described in Section B below. 10 65365.00002\\33006226.3 B. Withdrawal from the Authority 1. A withdrawing Member must notify CIRA of its intention to withdraw at least one year prior to the end of the fiscal year in which the Member intends to withdraw, unless a shorter withdrawal period is approved by the Executive Committee, in its sole discretion. 2. Withdrawing Members shall forfeit any remaining equity. In addition to foregoing equity, withdrawing members shall be subject to an administrative fee equal to their pro-rata share of ongoing expenses for the three program years following withdrawal. Ongoing expenses include but are not limited to staff payroll and benefits, actuarial services, investment services, financial audits, and claims administration. The withdrawing member will be invoiced itsportion of the administrative fee for each of the three years, as outlined in the Master Program Document. 3. Following withdrawal, any Member which was a participant in any Program shall be responsible for its share of any additional amount of contribution, determined by the Board in accordance with the retrospective contribution adjustment, which may be necessary to enable final disposition of all claims arising from losses under that Program during the withdrawn Member’s period of participation. Any such additional contribution shall be taken first from the Member’s forfeited equity, if any, and if such equity is insufficient the withdrawn Member shall be responsible to pay the difference. 4. A notice of intent to withdraw may be rescinded in writing with Executive Committee consent at any time earlier than ninety (90) days before the expiration of the withdrawal period, except that any withdrawal approved by the Executive Committee upon less than six (6) months’ notice shall be final. C. The following shall be “defaults” under the Agreement and these Bylaws: 1. Failure by a Member to observe and/or perform any covenant, condition, or agreement under the Governing Documents, including but not limited to risk management or loss reporting procedures; 2. Consistent failure to attend meetings by a Member’s designated representative or alternate, submit requested documents, or cooperate in the fulfillment of the Program objectives; 3. Failure to pay any amounts, including penalties and interest, due to the Authority for more than thirty (30) days; 4. Consistent inability to sustain the financial and insurance criteria that was reviewed and considered upon application for membership. For example, excessive losses, financial distress of member, handling of legal matters, corrective actions and other areas as determined by the Board; 11 65365.00002\\33006226.3 5. The filing of a petition applicable to the Member in any proceedings instituted under the provisions of the Federal Bankruptcy Code or under any similar act which may hereafter be enacted; or 6. Any condition of the Member which the Board believes jeopardizes the financial viability of the Authority. C. Remedies on Default 1. Whenever any default has occurred, the Authority may exercise any and all remedies available pursuant to law or granted pursuant to the Agreement and these Bylaws including, but not limited to increasing a Member’s retention, penalty, or assessment, canceling a Member’s coverage, or expelling the Member. However, no remedy shall be sought for defaults until the Member has been given thirty (30) days’ notice of default by the Authority. 2. Probation of a Member from a Program and/or Authority: a. If deemed appropriate by the Authority a member may be put on probation for a defined period of time to remedy any stated failures or matters noted in this Article. b. Notice of such probation shall be in writing and signed by both parties. c. The probation remedies and timelines shall be stated clearly in the notice of probation so that the Authority’s actions at the end of the probation period are understood by both parties. 3. Expulsion of a Member from the Authority: a. The Board, with at least a two-thirds vote, may expel any Member that is in default from the Authority. b. Such expulsion shall be effective on the date prescribed by the Board, but not earlier than thirty days after notice of expulsion has been personally served or sent by certified mail to the Member. c. The expulsion of any Member from any Program, after the effective date of such Program, shall not terminate its responsibility to contribute its share of contributions, or funds, to any fund Program in which it participated, nor its responsibility to provide requested data for the period(s) in which it participated. D. Cancellation by the Authority of Coverage under a Program: 1. Upon the occurrence of any default, the Board may temporarily cancel all rights of the defaulting Member in any Program in which such Member is in default until such time as the condition causing default is corrected. 12 65365.00002\\33006226.3 2. Upon the occurrence of any default, the Board, with at least a two-thirds (2/3) vote, may cancel permanently all rights of the defaulting Member in any Program in which such Member is in default. E. No remedy contained herein is intended to be exclusive. No delay or failure to exercise any right or power accruing upon any default, shall impair any such right or shall be construed to be a waiver thereof. F. In the event any provision in any of the Governing Documents is breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. G. Except as stated in this Article or elsewhere in the Governing Documents, neither withdrawal nor expulsion shall extinguish the rights and obligations of the parties incurred prior to such withdrawal or expulsion. ARTICLE XVII. LEGAL REPRESENTATION A. Legal counsel may be retained by the Board to advise on matters relating to the operation of the Authority and interpretation of the Governing Documents, including but not limited to the Memoranda of Coverage. In matters in which the parties’ interests are adverse or potentially adverse, counsel for the Board shall only represent the Board and shall not represent any individual Member without the informed written consent of both parties. B. The Authority shall have the right to pay such legal counsel reasonable compensation for said services. ARTICLE XVIII. EXECUTION OF CONTRACTS A. The Board or Executive Committee may authorize any officer or officers, or any agent or agents, to enter into any contract or execute any instrument in the name, and on behalf, of the Authority and such authorization may be general or confined to specific instances. B. Unless so authorized by the Board, no officer, agent, or employee shall have any power or authority to bind the Authority by any contract or to pledge its credit or to render it liable for any purpose or to any amount. ARTICLE XVIV. EXPENSE REIMBURSEMENT AND INSURANCE A. The Authority shall reimburse any Director who does not otherwise receive compensation for actual expenses incurred, for reasonable out of pocket expenses of the Director in the performance of his/her duty on behalf of the Authority. 13 65365.00002\\33006226.3 B. The Authority shall obtain insurance or provide other coverage (which may include self- insurance) indemnifying the directors, officers, and employees for personal liabilities arising out of wrongful acts in the discharge of their duties to the Authority. ARTICLE XIX. NOTICES A. Any notice to be given to any Member, in connection with these Bylaws, must be in writing (which may include facsimile or email) and will be deemed to have been given when deposited in the mail to the address specified by the Member to receive such notice. Any notice delivered by facsimile will be deemed to have been given when the facsimile transmission is complete. Any notice delivered by email will be deemed to have been given when the message is successfully sent. Any Member may, at any time, change the address to which such notice will be given by giving five (5) days written notice to the Authority. B. Any notice to or claim against the Authority shall be mailed or delivered to the mailing address of the Authority. ARTICLE XX. EFFECTIVE DATE, AMENDMENTS, AND SUPREMACY A. These Bylaws shall be effective immediately upon the date of adoption. B. Any amendments to these Bylaws shall be effective upon adoption, unless the Board in adopting them specifies otherwise, and shall supersede and cancel any prior Bylaws and/or amendments thereto. C. These Bylaws shall not be amended until at least 30 days after notice of the proposed amendment has been given to each Member. D. The adoption or amendment of these Bylaws shall not affect the Agreement or any amendments thereto. Any provision in these Bylaws which is inconsistent with the Agreement shall be superseded by the Agreement but only to the extent of the inconsistency. ARTICLE XXI. POWER OF DESIGNATED PARTY A. Pursuant to Government Code section 6509, the Authority is subject to the restrictions upon the manner of exercising the power of the City of Rancho Cucamonga. In the event that the City of Rancho Cucamonga ceases to be a member of the Authority, the Authority’s power shall be subject to the restrictions applicable to the City of Sebastopol. 14 65365.00002\\33006226.3 AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT OF THE CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY (formerly Public Agency Risk Sharing Authority of California) This Amended and Restated Joint Exercise of Powers Agreement of the California Intergovernmental Risk Authority (“CIRA” or “Authority”) (“Agreement”), formerly known as the Public Agency Risk Sharing Authority of California (“PARSAC”), is entered into by and among the public entities, hereafter referred to as “Members”, each of which is organized and existing under the laws of the State of California and is a signatory to this Agreement and listed in Appendix “A”, attached hereto and made a part hereof. This Agreement supersedes the Public Agency Risk Sharing Authority of California \[PARSAC\] Joint Powers Agreement dated May 25, 2017 as of, and is effective on, July 1, 2021 (“Effective Date”). RECITALS 1. The Authority was originally created as the California Municipal Insurance Authority effective May 21, 1986 pursuant to that certain Joint Powers Agreement Creating the California Municipal Insurance Authority (“Original JPA Agreement”). The Original JPA Agreement was revised and restated effective July 1, 1989 and then again effective November 19, 1993 when the original name was changed to the Public Agency Risk Sharing Authority of California. Subsequent restatements were approved effective May 31, 1996, December 13, 2002, December 12, 2003, May 20, 2005, May 31, 2007, and May 26, 2011. The most recent restatement is the PARSAC Joint Powers Agreement which was approved effective May 25, 2017 (“PARSAC Agreement”). 2. Labor Code Section 3700 authorizes public entities, including members of a pooling arrangement under a joint powers authority, to fund their own workers’ compensation claims. 3. Government Code Sections 989 and 990 authorize a local public entity to insure itself and its employees against tort or inverse condemnation liability. 4. Government Code Section 990.4 authorize a local public entity to fund insurance and self-insurance in any desired combination. 5. Government Code Section 990.6 provides that the cost of insurance is an appropriate public expenditure. 6. Government Code Section 990.8 authorizes two or more local public entities to enter into an agreement to jointly fund such expenditures under the authority of the Joint Exercise of Powers Act (Gov. Code Section 6500 et seq.). 7. Government Code Section 6500 et seq. authorizes two or more public entities to jointly exercise, under an agreement, any power which is common to each of them. 8. Each Member that is a party to this Agreement desires to join with the other Members to fund programs of insurance for workers’ compensation, liability, property and other coverages to be determined and for other purposes set forth in this Agreement. 1 65365.00002\\33005619.4 9. The governing body of each Member has determined that it is in the Member’s own best interest, and in the public interest, to execute this Agreement and participate as a Member of the Authority. In consideration of the recitals, mutual benefits, covenants, and agreements set forth in this Agreement, the Members agree as follows: ARTICLE I. CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY AS SUCCESSOR TO AND EXPANSION OF PARSAC A. Authority Created. The Authority was originally formed on May 21, 1986 as the California Municipal Insurance Authority by operation of the Original JPA Agreement and subsequently renamed as the Public Agency Risk Sharing Authority of California effective November 19, 1993. The Authority was, and is, formed pursuant to the provisions of Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (“Code”), which authorizes two or more public agencies, by a joint powers agreement entered into respectively by them and authorized by their legislative or governing bodies, to exercise jointly any power or powers common to the member agencies. 1. Name Change. As of the Effective Date, the Public Agency Risk Sharing Authority of California shall be known as the California Intergovernmental Risk Authority, hereinafter referred to as “CIRA” or the “Authority.” 2. Separate Entity. Pursuant to Code Sections 6506 and 6507, from its inception, the Authority has, is, and shall be a public entity separate and independent from the Members which is governed exclusively by the Authority’s Board of Directors (“Board”). B. Membership in the Authority as of the Effective Date. As of the Effective Date, the membership of the Authority shall consist of the members of PARSAC and the members of the Redwood Empire Municipal Insurance Fund (“REMIF”), with respect to only those that have approved this Agreement as of the Effective Date, as listed in Appendix “A”. C. Future Membership. Membership in the Authority is open to public entities throughout the State of California, if such public entities meet the requirements specified in the Bylaws and are approved by the Board. ARTICLE II. PURPOSE The purpose of the Authority is to exercise the powers of the Members to jointly accomplish the following: A. Develop comprehensive Programs with the objective to reduce the cost of risk against which the Members are authorized or required to protect against by insurance, self-insurance, or pooling. Such Programs may include, but are not limited to, coverages for tort liability, workers’ 2 65365.00002\\33005619.4 compensation, employee health benefits, loss to real or personal property, or liability arising out of the ownership, maintenance, or use of real or personal property. B. The design of the Programs may evolve with the needs of the Members and in accordance with contemporary economic and financial conditions. Programs may therefore operate on an insured, pooled, self-funded, or other appropriate basis whereby the Members share some portion, or all, of the costs of Program losses. B. Jointly secure administrative and other services including, but not limited to, general administration, underwriting, risk management, loss prevention, claims adjusting, data processing, brokerage, accounting, legal and other services related to any authorized purpose. ARTICLE III. PARTIES TO THE AGREEMENT AND RESPONSIBILITIES OF MEMBERS A. Each Member represents and warrants that it intends to, and does hereby, contract with all other Members listed in Appendix “A”, and any new members admitted to the Authority. Each Member also represents and warrants that the withdrawal or expulsion of any Member shall not relieve any Member of its rights, obligations, liabilities or duties under this Agreement or the individual Programs in which the Member participates. B. Each Member agrees to be bound by and to comply with all the terms and conditions of the Governing Documents and any Resolution or other action adopted by the Board as they now exist or may hereinafter be adopted or amended. Each Member assumes the obligations and responsibilities set forth in the Governing Documents, as they may be amended. C. Each new Member agrees to participate for a minimum of five years, except that members of PARSAC and REMIF as of June 30, 2021 must continue for a minimum of two years thereafter. Also, each new Member agrees to meet its obligations and responsibilities as set forth in the Governing Documents. ARTICLE IV. POWERS The Authority shall have the powers common to its Members. As provided by Government Code Section 6509, the Authority’s power is subject to the restrictions upon the manner of exercising the power of the Member specified in the Bylaws. Under this Agreement, the Authority is authorized, in its own name, to do all acts necessary and to exercise such common powers to fulfill the purposes of this Agreement, including but not limited to the following: A. Make and enter contracts; B. Employ agents and employees; C. Incur debts, liabilities or obligations; D. Receive, collect, invest, and disburse funds; 3 65365.00002\\33005619.4 E. Receive contributions and donations of property, funds, services and other forms of assistance; F. Acquire, construct, manage, maintain, hold, lease or dispose of real and personal property; and G. Sue and be sued in its own name and settle any claim against it. ARTICLE V. BOARD OF DIRECTORS A. The Authority shall be governed by the Board. Each Member shall appoint a representative to the Board and an alternate representative, each of whom shall meet the parameters set forth in the Bylaws. In the absence of a resolution of the Board providing otherwise, representatives and alternates will serve without compensation by the Authority. B. The Member’s representative and/or alternate representative shall be removed from the Board upon the occurrence of any one of the following events: (1) the expulsion or withdrawal of the Member from the Authority; (2) the death or resignation of the Member representative; (3) the Member gives notice that the Member representative is no longer employed by the Member; or (4) as otherwise provided in the Authority’s Bylaws. C. The Board shall exercise all powers and conduct all business of the Authority, either directly or by delegation of authority to committees or other bodies or individuals. ARTICLE VI. ADMINISTRATION OF PREEXISTING OBLIGATIONS A. All liabilities and obligations of the Authority existing prior to the Effective Date (“Preexisting Obligations”) will be administered under the terms and conditions of the PARSAC Agreement. For this purpose, the PARSAC Agreement in effect on June 30, 2021, which is attached hereto as Appendix B, is hereby made a part of this Agreement and incorporated herein by this reference. B. The Board shall appoint a committee made up of representatives of Authority members that were members prior to the Effective Date to make recommendations to the Board regarding the administration of the Preexisting Obligations. As to specific agenda items relating to such matters, only Directors representing Members who were members of the Authority prior to the Effective Date may vote, and as to such items, a quorum shall be determined solely by reference to the number of Members that were members of the Authority prior to the Effective Date. C. All assets of the Authority existing on June 30, 2021 shall be reserved by the Authority for the sole purpose of administering the Preexisting Obligations. Similarly, all assets of REMIF shall be used exclusively for the purpose of administrating the obligations of REMIF. 4 65365.00002\\33005619.4 ARTICLE VII. OFFICERS A. The Board shall elect a President, Vice-President, Treasurer, and Auditor/Controller. The President, Vice-President, and Auditor/Controller must be Directors. The General Manager shall serve as Secretary of the Board. The manner of election and term of office of elected officers and their authority and responsibilities shall be as set forth in the Authority’s Bylaws. If any of the elected officers ceases to be a Member’s representative, the resulting vacancy shall be filled as provided in the Authority’s Bylaws. The Board may elect such other officers as it considers necessary. B. As permitted by Government Code Section 6505.6, the Treasurer shall comply with the duties and responsibilities set for the subdivisions (a) through (d) of Government Code Section 6505.5, and shall cause an independent audit to be made by a certified public accountant, or public accountant, in compliance with Government Code Section 6505. The Treasurer will have no vote on the Board unless the Treasurer is also a Director. C. The Board shall appoint a General Manager who shall act as Secretary of the Board and as the Chief Administrative Officer of the Authority. Although an officer, the General Manager shall not have a vote on the Board or any committee of the Authority. ARTICLE VIII. MEETINGS AND RECORDS A. Not less than once a year, the Board and all standing committees shall hold regular meetings as set forth in the Bylaws of the Authority. Special meetings may be called as provided in the Bylaws. B. All meetings of the Board, and appointed committees, including without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code). C. Minutes of regular, adjourned regular, and special meetings of the Authority shall be kept under the direction of the Secretary. After each meeting, the Secretary shall cause copies of the minutes to be forwarded to each Board member for review and approval at the next regular meeting. ARTICLE IX. BUDGET The Board shall adopt an annual budget prior to the beginning of each Fiscal Year. ARTICLE X. REGULAR AUDITS AND REVIEWS A. The Board shall cause an annual financial audit of the accounts and records to be prepared by a Certified Public Accountant in compliance with California Government Code Sections 6505 and 5 65365.00002\\33005619.4 6505.5 or 6505.6 with respect to all receipts, disbursements, other transactions and entries into the books of the Authority. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Government Code Section 26909 and shall conform to generally accepted accounting standards. A report of each such audit shall be filed as a public record with the Board, each of the Members, and the auditor/controller of the county in which the Authority’s administrative office is located. The report shall be filed within twelve months of the end of the fiscal year under examination. The Authority shall pay all costs for such financial audits. B. The Board shall cause an annual actuarial review to be prepared for each of the Programs of the Authority and a report of such actuarial review shall be made available for inspection by the Board and the Members. The Authority shall pay all costs for such actuarial review. C. The Board shall cause a claims audit of the administration of the claims for each of the Programs of the Authority at least biannually. A report of such claims review shall be made available for inspection by the Board and the Members. The Authority shall pay all costs for such claims reviews. ARTICLE XI. ADMISSION OF NEW MEMBERS A. Any public entity eligible for membership as stated in Article I may apply for membership in the Authority and participation in one or more of the Authority’s Programs at any time. To be considered, the applicant must submit any documentation or information requested by the Authority and pay any costs required to analyze their application and determine their initial contribution. B. The Authority shall review all applications by potential new members to determine if they meet the requirements provided for in the Bylaws and any relevant Board policies to determine whether and on what conditions to admit the applicant. C. Upon approval for membership by two-thirds vote of the Board, to become a Member the applicant must execute this Agreement and pay any contributions or premiums required to participate in the Program(s) for the initial Program Year in which the applicant will participate. ARTICLE XII. WITHDRAWAL A. After the initial commitment period described in Article III, any Member which enters a Program may withdraw from that Program by compliance with the requirements stated in the Bylaws for withdrawal from the Program. B. Withdrawal of a Member does not terminate its rights to coverage arising under any Program in which it participated for the years in which it participated. A Member that has withdrawn from a Program may later seek to renew participation in the Program subject to any terms and conditions set forth in the Bylaws. 6 65365.00002\\33005619.4 C. A Member that has withdrawn from all of the Authority’s Programs shall no longer have a right to a representative on the Board, but shall remain liable for assessments and other obligations arising from the Program Years in which it participated. D. As soon as administratively feasible after the Effective Date, the Members of the Authority shall agree on the method of apportioning the CalPERS retirement obligations of the Authority in the event of a default event as defined by Government Code Section 6508.2. Until such time, and in the event of a default event, the terms of the Public Agency Risk Sharing Authority of California (PARSAC) Agreement for Apportion of Retirement Obligations dated May 25, 2017, and attached hereto as Exhibit “C”, shall apply with respect to all Members of the Authority. ARTICLE XIII. EXPULSION The Board may expel any Member from the Authority and/or from a Program for material breaches of the Governing Documents consistent with the provisions of the Bylaws, subject to any warning or probationary provisions in the Governing Documents. Expulsion does not terminate the obligations of either the Authority or the Member incurred prior to the expulsion. ARTICLE XIV. TERMINATION AND DISTRIBUTION A. This Agreement shall continue in full force and effect until terminated. Termination of this Agreement shall also constitute the termination of all Programs. This Agreement may be terminated at any time by the vote of three-fourths of the Members; provided, however, that this Agreement and CIRA shall continue to exist for the purpose of disposing of all claims and paying its obligations for employees’ health and pension benefits, before the distribution of assets, and any other functions necessary to wind up the affairs of CIRA. B. Upon termination of this Agreement, all assets of each Program of CIRA shall be distributed among the Members which participated in such Programs, in accordance with the retrospective premium adjustment process in effect during the term of this Agreement. Such distributions shall be determined within six \[6\] months after the disposal of the last pending claim or other liability covered by all Programs of the Authority. The Board may in its sole discretion determine that earlier distributions are appropriate as to Programs for which there remains no claim or liability. C. Following the termination of this Agreement, any Member which was a participant in any Program of CIRA shall pay any additional amount of premium, determined by the Board or its designee in accordance with a retrospective premium adjustment, which may be necessary to enable final disposition of all claims arising from losses under that Program during the Member’s period of participation. D. The Board is vested with all powers of CIRA for the purpose of concluding and dissolving the business affairs of CIRA. The Board may designate legal counsel and any committee or person to carry out a plan of dissolution adopted by the Board. 7 65365.00002\\33005619.4 ARTICLE XV. LIABILITY OF MEMBERS, DIRECTORS, OFFICERS, AND COMMITTEE MEMBERS A. Pursuant to Government Code section 6508.1, except as to liabilities to a public retirement system, the debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations of any Member. However, each Member shall remain liable to the Authority for contributions assessed by the Authority to pay its debts, liabilities, or obligations. B. The debts, liabilities or obligations incurred by either PARSAC or REMIF prior to the Effective Date shall not constitute the debts, liabilities or obligations of the other. Notwithstanding the preceding, the Authority intends to be the successor to the CalPERS pension obligations of REMIF pursuant to California Government Code Section 20508. As such, the liability to CalPERS with respect to service credited under REMIF’s CalPERS contract, and the continuing liability to CalPERS of the Authority with respect to service credit accrued both prior to and after the Effective Date under the Authority’s CalPERS contract, shall be the contractual liability of the Authority. The Authority and REMIF shall separately enter into an agreement to provide for the allocation of liability, and the payment of related contributions, with respect to service credit accrued prior to the Effective Date. C. The representatives to the Board of Directors and to each of the Programs and any officer, employee, contractor, or agent of the Authority shall use ordinary care and reasonable diligence in the exercise of their power and in the performance of their duties under this Agreement. Directors, officers, committee members of the Authority shall be liable for any act or omission within the scope of their office or employment by the Authority only in the event that they act or fail to act because of actual fraud, corruption, or actual malice or willfully fail or refuse to conduct the defense of a claim or action in good faith or to reasonably cooperate in good faith in the defense conducted by the Authority. D. The Authority shall defend and indemnify its directors, officers, and employees to the same extent as any other public entity of the State of California is obliged to defend and indemnify its employees pursuant to Government Code Section 825, et seq., or other applicable provisions of law. Nothing herein shall limit the right of the Authority to purchase insurance to satisfy this obligation. E. The Authority shall indemnify, protect, defend, and hold harmless each and all of the Members, and their officials, agents, and employees, for and from any and all liability, claims, causes of action, damages, losses, judgments, costs, or expenses (including attorney fees) resulting from an injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement by the Authority, by one or more of the Members, or any of their officials, employees, agents, or independent contractors. 8 65365.00002\\33005619.4 ARTICLE XVI. NOTICES Notices to each Member under this Agreement shall be sufficient if mailed to its respective address on file with the Authority. Any Member may designate any other address in substitution of the foregoing address to which such notice will be given at any time by giving five days written notice to the Authority and all other Members. ARTICLE XVII. AMENDMENTS This Agreement may be amended at any time with the approval of two-thirds of the Directors on the Board acting with the approval of their governing bodies, except that any amendment that reduces the voting requirement for termination of the Authority must be approved by three-fourths of the Directors on the Board acting with the approval of their governing bodies. Authority of the Member representative (director) to give such approval may be delegated such in advance by the Member’s governing body, or in the absence of such prior delegation by action of a Member’s governing body to approve the proposed amendment. The amended Agreement shall take effect on the first day of the month following the Authority’s receipt of notice of approval by two-thirds of the Members, unless otherwise stated in the Amendment, and once effective shall apply to all Members regardless of whether a particular Member approved the amendment. Refusal to execute or comply with the amended Agreement shall be a basis for expulsion of the Member. A Member that does not approve of the amendment may withdraw from the Authority and all its Programs at the end of the fiscal year next following the effective date of the amendment, notwithstanding the five-year minimum commitment provided for in Article III, Section C. ARTICLE XVIII. SEVERABILITY Should any portion, term, condition, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected thereby. ARTICLE XIX. COMPLETE AGREEMENT The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein, except as to the Bylaws. 9 65365.00002\\33005619.4 ARTICLE XX. TERM OF AGREEMENT This Agreement shall become effective upon execution, and shall continue in effect until satisfaction of all obligations created hereunder following termination of the Authority created by this Agreement. ARTICLE XXI. COUNTERPARTS The Agreement may be executed in multiple counterparts, each of which shall be considered an original. ARTICLE XXII. ARBITRATION Any controversy arising out of this Agreement shall be submitted to binding arbitration, which shall be conducted in accordance with the provisions of the California Arbitration Act (California Code of Civil Procedure § 1280 et seq.). ARTICLE XXIII. FORCE MAJEURE No party will be deemed to be in default where failure or delay in performance of any of its obligations (other than payment obligations) under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, actions of legislative, judicial, executive, or regulatory government bodies or other cause, without fault and beyond the reasonable control of such party (“Force Majeure”). If any such events shall occur, the time for performance by such party of any of its obligations under this Agreement will be extended by the parties for the period of time that such events prevented such performance. Upon the occurrence of an event of Force Majeure, the affected party shall: (i) promptly notify the other parties of such Force Majeure event, (ii) provide reasonable details relating to such Force Majeure event and (iii) implement mitigation measures to the extent reasonable. ARTICLE XXIV. DEFINITIONS The following definitions shall apply to the provisions of this Agreement and the Bylaws of the Authority: A. “Agreement” shall mean this Agreement, as it may be amended from time to time, creating the California Intergovernmental Risk Authority. B. “Board” or “Board of Directors” shall mean the governing body of the Authority. C. “Bylaws” shall mean the Bylaws attached to this Agreement, as amended from time to time by the Board consistent with the amendment provisions in the Bylaws. 10 65365.00002\\33005619.4 D. “Claim(s)” shall mean demand(s) made against the Member arising out of occurrences which are covered or alleged to be covered by the Authority’s Memorandums of Coverage or policies of insurance. E. “Fiscal Year” shall mean the period of time commencing on July 1 of each year and ending on June 30 of the following year. F. “Governing Documents” shall mean this Agreement, the Bylaws of the Authority, each Program’s Memorandum of Coverage, the Master Program Document, , and any other document stipulated as a Governing Document in the Bylaws or by action of the Board. G. “Insurance” shall mean insurance or reinsurance purchased by the Authority to cover Claims against or losses of the Authority and/or its Members. H. “Jurisdiction” shall mean the territory in which the Authority may exercise its powers; i.e., the State of California. I. “Member” shall mean any public entity authorized to be a member of a Joint Powers Authority, which is a party to this Agreement and is participating in one or more Programs. J. “Memorandum of Coverage” shall mean a document issued by the Authority for each Program specifying the coverages and limits provided to the Members participating in the Program. K. “Participation” or “participating” shall refer to a Member that has elected to join and take part in a Program. L. “Pooling” shall mean group self-insurance as allowed by Government Code section 990.8, Labor Code section 3700, or any other applicable law. M. “Program” shall mean those coverage programs of risk sharing, insurance, self-insurance, pooling and risk management services created by the Authority to manage specific types of risks. N. “Program Year” shall mean the annual period in each Program to be segregated for determination of coverage premiums or assessments. O. “Risk Management” shall mean the process of identifying, evaluating, reducing, transferring, and eliminating risks. Risk Management includes, but is not limited to, various methods of funding claims payments, purchasing insurance, legal defense of claims, controlling losses, and determining self-insured retention levels and the amount of reserves for potential claims. 11 65365.00002\\33005619.4 IN WITNESS WHEREOF, the undersigned party hereto has executed this Agreement on the date indicated below. California Intergovernmental Risk Authority \["CIRA"\] Date: _____________________ By: __________________________________________ Name/Title Attest: __________________________________________ Secretary, CIRA Member Entity: __________________________ Date: _____________________ By: __________________________________________ Name/Title Attest: __________________________________________ City/Town Clerk 12 65365.00002\\33005619.4 APPENDIX “A” CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY MEMBERS 1. City of Arcata 27. City of Point Arena 2. City of Amador City 28. City of Rancho Cucamonga 3. City of Avalon 29. Rancho Cucamonga Fire Protection 4. City of Belvedere District 5. City of Blue Lake 30. City of Rancho Santa Margarita 6. City of California City 31. City of Rohnert Park 7. City of Calimesa 32. City of San Juan Bautista 8. City of Calistoga 33. City of Sebastopol 9. City of Citrus Heights 34. City of Sierra Madre 10. City of Clearlake 35. City of Sonoma 11. City of Cloverdale 36. City of South Lake Tahoe 12. City of Coalinga 37. City of St. Helena 13. City of Cotati 38. City of Tehama 14. City of Eureka 39. City of Trinidad 15. City of Ferndale 40. Town of Truckee 16. City of Fort Bragg 41. City of Twentynine Palms 17. City of Fortuna 42. City of Ukiah 18. City of Grass Valley 43. City of Watsonville 19. City of Healdsburg 44. City of Wheatland 20. City of Highland 45. City of Wildomar 21. City of Lakeport 46. City of Willits 22. City of Menifee 47. Town of Windsor 23. City of Nevada City 48. Town of Yountville 24. City of Placentia 49. City of Yucaipa 25. City of Placerville 50. Town of Yucca Valley 26. City of Plymouth 13 65365.00002\\33005619.4 APPENDIX “B” PARSAC Agreement PARSAC JOINT POWERS AGREEMENT Revised & Adopted May 25, 2017 Public Agency Risk Sharing Authority of California Adopted May 25, 2017 i TABLE OF CONTENTS Page ARTICLE I DEFINITIONS ................................................................................................3 ARTICLE II PARTIES TO THE AGREEMENT ................................................................6 ARTICLE III PURPOSES .....................................................................................................6 ARTICLE IV CREATION OF THE PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA ...............................................7 ARTICLE V TERM OF AGREEMENT ..............................................................................7 ARTICLE VI POWERS OF PARSAC ..................................................................................7 ARTICLE VII RESPONSIBILITIES OF MEMBER ENTITIES ..........................................8 ARTICLE VIII BOARD OF DIRECTORS ...........................................................................10 ARTICLE IX OFFICERS ....................................................................................................13 ARTICLE X EXECUTIVE COMMITTEE .......................................................................13 ARTICLE XI ADMINISTRATION ....................................................................................13 ARTICLE XII BUDGET ......................................................................................................14 ARTICLE XIII ANNUAL AUDITS AND REVIEWS..........................................................14 ARTICLE XIV ESTABLISHMENT AND ADMINISTRATION OF FUNDS ...................................................................................................15 ARTICLE XV SUPPORT OF PARSAC'S GENERAL EXPENSES ...................................16 ARTICLE XVI DEPOSIT PREMIUMS ................................................................................17 ARTICLE XVII PARSAC MEMBERSHIP ............................................................................18 ARTICLE XVIII MEMORANDA OF COVERAGE ..............................................................18 ARTICLE XIX SIR MANDATORY RESERVES/PAYMENT ............................................19 Adopted May 25, 2017 ii ARTICLE XX RETROSPECTIVE PREMIUM ADJUSTMENTS AND ASSESSMENTS ...........................................................................................20 ARTICLE XXI NEW MEMBERS .........................................................................................21 ARTICLE XXII WITHDRAWAL ...........................................................................................22 ARTICLE XXIII EXPULSION ................................................................................................25 ARTICLE XXIV EFFECT OF WITHDRAWAL OR EXPULSION ON MEMBER ENTITY'S RESPONSIBILITIES ...............................................26 ARTICLE XXV TERMINATION OF AGREEMENT AND DISTRIBUTION OF ASSETS .....................................................................27 ARTICLE XXVI NOTICES ......................................................................................................28 ARTICLE XXVII PROHIBITION AGAINST ASSIGNMENT ................................................28 ARTICLE XXVIII AMENDMENTS ..........................................................................................29 ARTICLE XXIX SEVERABILITY ..........................................................................................29 ARTICLE XXX AGREEMENT COMPLETE ........................................................................29 ARTICLE XXXI EXECUTION OF COUNTERPARTS .........................................................30 APPENDIX "A" MEMBER ENTITIES Adopted May 25, 2017 iii PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA \[PARSAC\] JOINT POWERS AGREEMENT THIS AGREEMENT is made in the State of California by and among those municipalities organized and existing under the laws of the State of California, hereinafter referred to as "Member Entity\[ies\]," which are parties’ signatory to this Agreement. All such Member Entities are listed in Appendix "A", which is attached hereto and made a part hereof. RECITALS A. California Government Code Section 6500 and following permits two or more public agencies by agreement to jointly exercise any power common to the contracting parties. B. California Government Code Section 990.4 permits a local public entity to self- insure, purchase insurance through an authorized carrier, or purchase insurance through a surplus line broker, or any combination of these; C. California Government Code Section 990.6 provides that the cost of insurance provided by a local public entity is a proper charge against that local public entity; D. California Government Code Section 990.8 permits two or more local entities to, bya joint powers agreement, provide insurance for any purpose by any one or more of the methods specified in Government Code Section 990.4 and provides that such pooling of self- insured claims or losses does not constitute the business of insurance under the California Insurance Code; Adopted May 25, 2017 1 E. California Labor Code Section 3700(c) permits all political subdivisions of the State of California, including each member of a pooling arrangement under a joint exercise of powers agreement to self-insure against workers’ compensation claims by securing a certificate of consent from the Department of Industrial Relations; F. Each of the Member Entities, which is a party to this Agreement, desires to join with the other Member Entities to fund programs of insurance for workers' compensation, liability, property and other coverages to be determined and for other purposes set forth in Article III of this Agreement; G. The governing body of each Member Entity has determined that it is in its own best interest and in the public interest that this Agreement be executed and that it participate as a member of the Public Agency Risk Sharing Authority of California \[PARSAC\] created by this Agreement; and H. As of the effective date of this Agreement, this Agreement shall replace and supersede the Joint Powers Agreement Creating the Public Agency Risk Sharing Authority of California, dated May 21, 1986, as amended on November 20, 1987, July 1, 1989, and November 19, 1993, May 31, 1996, December 13, 2002, December 12, 2003, May 20, 2005, May 31, 2007, December 2, 2010, May 26, 2011 and May 25, 2017. Now, therefore, in consideration of the above facts and the mutual benefits, promises and agreements set forth below, the Member Entities hereby agree as follows: Adopted May 25, 2017 2 AGREEMENT ARTICLE I DEFINITIONS The following terms shall have the following definitions: A. “Agreement” shall mean this Revised and Restated Joint Powers Agreement creating the Public Agency Risk Sharing Authority of California \[PARSAC\]. B. “Alternate” shall mean the person designated by the Member Entity to act as a director of PARSAC in the absence of the Director. The Alternate shall have the same responsibility, power and authority as the Director when acting in the Director's stead. C. “Board” or “Board of Directors” shall mean the governing body of PARSAC. D. “Bylaws”shall mean the Bylaws of PARSAC, revised as of May 27, 2010, and as they may be further amended or revised. E. “Claims” shall mean any demand\[s\] made against a Member Entity to recover for monetary damages within, or alleged to be within, the scope of coverage provided by any of PARSAC's Memoranda of Coverage \[or any commercial insurance policy related to a PARSAC Program\]. F. “PARSAC” shall mean the Public Agency Risk Sharing Authority of California created by this Agreement. G. “Covered Loss” shall mean any loss resulting from a claim or claims against a Member Entity which is in excess of its Self-Insured Retention and which is covered by any of PARSAC's Memoranda of Coverage \[or insurance policy related to a PARSAC Program\]. H. “Deposit Premium” shall mean the estimated amount determined for each Member Entity necessary to fund each layer of coverage for each Policy Year of each Adopted May 25, 2017 3 Program of PARSAC. I. “Executive Committee” shall mean that committee of the Board, constituted and exercising the authority set forth in this Agreement and in the Bylaws. J. “Fiscal Year” shall mean the period of time ending on June 30 of each year during which PARSAC is in existence. K. “Incurred Loss” shall mean the amount of monies paid and reserved by PARSAC to investigate, defend and satisfy a demand or demands made against a Member Entity. L. “Insurance” shall mean commercial insurance policies which PARSAC may purchase for its Member Entities, from time to time, in order to effect a transfer of risk. The term "Insurance" shall not mean any self-insurance, risk-sharing or pooling of losses or risks. M. “Liability Program Participant” shall refer only to members of PARSAC that have been approved and are in good standing to participate in the Liability Program. N. “Member Entity” shall mean any California public entity which is a party signatory to this Agreement including any other agency for which the City Council sits as the Governing board. O. “Memorandum of Coverage” shall mean the document or documents issued by PARSAC specifying the type and amount of coverages provided under any Program to the Member Entities by PARSAC. P. “Program Year” shall mean a period of time, usually 12 months, for which each Program is to determine Deposit Premiums, Retrospective Premiums, and Retrospective Premium Adjustments. Adopted May 25, 2017 4 Q. “Program” shall mean arrangements to cover specific types of claims which may include, but not be limited to, property, workers' compensation, and comprehensive liability claims. R. “Public Entity” shall mean a county, city, whether general law or chartered, city and county, town, district, political subdivision, joint powers authority, or any board, commission, or agency thereof providing a municipal service, excluding school districts. S. “Retrospective Premium” shall mean, the amount determined retrospectively as each Member Entity's share of losses, reserves, expenses and interest income as may be determined periodically for any Program. T. “Retrospective Premium Adjustment” shall mean the amount necessary to periodically adjust the Deposit Premium, or prior Retrospective Premiums if any, to the newly calculated Retrospective Premium amount. U. “Self-Insured Retention” or “SIR” shall mean the amount of loss from each occurrence which the Member Entity shall retain and pay directly and which shall not be shared by the Member Entities of PARSAC. V. “Workers’ Compensation Program Participant” shall refer only to members of PARSAC that have been approved and are in good standing to participate in the Workers’ Compensation Program. W. “Group Purchase Programs” shall mean coverage programs provided by insurance policies where there is no self-insurance, risk sharing or pooling. Adopted May 25, 2017 5 ARTICLE II PARTIES TO THE AGREEMENT Each Member Entity is a party to this Agreement and agrees that it intends to, and does contract with, all other parties who are signatories of this Agreement and with such other parties as may later be added. Each Member Entity also agrees that the expulsion or withdrawal of any Member Entity from this Agreement shall not affect this Agreement nor the remaining parties as to the other Member Entities then remaining. ARTICLE III PURPOSES This Agreement is entered into by the Member Entities in order to: A. Create the Public Agency Risk Sharing Authority of California to carry out the purposes listed below and to exercise the powers contained in this Agreement; B.Develop effective risk management programs to reduce the amount and frequency of their losses; C. Share some portion, or all, of the cost of their losses; D. Jointly purchase commercial insurance, associate with other risk-sharing pools, or self-insure against risks; E. Jointly purchase administrative and other services including, but not limited to, underwriting, risk management, loss prevention, claims adjusting, data processing, brokerage, accounting and legal services when related to any of the other purposes; F. Provide other joint powers risk sharing authorities with management services; and G. Do all things necessary to carry out the foregoing purposes, as well as all things necessary to implement the terms of this Agreement as permitted by law. Adopted May 25, 2017 6 ARTICLE IV CREATION OF THE PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA Pursuant to the California Government Code, the Member Entities hereby agree to continue in existence a public entity, separate and apart from the parties to this Agreement, to be known as the Public Agency Risk Sharing Authority of California \["PARSAC"\]. The debts, liabilities or obligations of PARSAC shall not constitute debts, liabilities or obligations of any party to this Agreement. However, a Member Entity may separately contract for, or assume responsibility for, specific debts, liabilities or obligations of PARSAC. ARTICLE V TERM OF AGREEMENT This Agreement shall become effective as of the date hereof and shall continue in full force and effect until terminated in accordance with Article XXVI. ARTICLE VI POWERS OF PARSAC PARSAC shall have the powers common to its Member Entities in California and all additional powers permitted to a joint powers authority by California law, and the parties hereby authorize PARSAC to do all acts necessary to exercise such powers to fulfill the purposes of this Agreement including, but not limited to, the following: A.Make and enter into contracts; B. Incur debts, liabilities and obligations; C. Acquire, hold, lease or dispose of real and personal property, contributions and donations of property, funds, services and other forms of assistance; D. Sue and be sued in its own name and settle any claim against it; E. Employ agents and employees; Adopted May 25, 2017 7 F. Acquire, construct, manage, maintain or operate buildings, works or improvements; G. Receive, collect, and disburse monies; and invest money not required for immediate necessities; and H. Exercise all powers necessary and proper to carry out the terms and provisions of this Agreement. ARTICLE VII RESPONSIBILITIES OF MEMBER ENTITIES Each member entity shall: A. Sign this Agreement and its legally enacted amendments and participate in PARSAC's Liability Program and/or Workers’ Compensation Program; B. Sign a Membership Resolution for each Program; C. Pay Deposit Premiums, Retrospective Premium Adjustments, and any Special Assessments to PARSAC on or before the due date; D. Appoint, elect or remove representatives to serve as director and alternate on the Board, which representatives are expressly authorized to act on behalf of the Member Entity on all matters coming before the Board; E. Assure that its representative director or alternate attends at least one meeting of the Board annually; F.Assure that its representative director and alternate keep informed about PARSAC's activities and assist them in doing so; G. Approve Amendments to this Agreement as set forth in Article XXIX; provided, however,the Member Entity may, by resolution or ordinance, authorize its director and alternate on the Board to approve and execute amendments on behalf of the Member Entity Adopted May 25, 2017 8 without the necessity of a resolution or ordinance of the legislative body of the Member Entity confirming or ratifying such amendment. H. File, in a prompt and timely manner, all statewide, county, and locally-mandated reports and filings, including but not limited to the Fair Political Practices Commission's Statement of Economic Interests; I. Undertake a risk management audit of its facilities and activities, conducted by a person and/or firm approved by PARSAC's Executive Committee and, based upon such report, to evidence correction, elimination and/or clarification of all noted deficiencies or recommended corrections to the satisfaction of PARSAC's Executive Committee. Risk management audits may be required by the Executive Committee as frequently as it chooses. Risk management audits may be paid by PARSAC and charged back to Member; J. Provide PARSAC with a copy of its most recent audited annual financial statements prepared by a Certified Public Accountant; or, if not available, provide PARSAC with the most recent set of unaudited monthly financial statements, and any other financial material as may be requested by PARSAC from time to time; K. Cooperate with, communicate and assist in a timely manner, PARSAC and any insurer, provider of excess coverage, claims adjuster, legal counsel or other service provider engaged or retained by PARSAC in all matters relating to this Agreement; L. Promptly cooperate with PARSAC to determine and/or clarify any incidents which might become losses, the cause of any and all actual losses, and methods to bring about settlement of claims; M. Comply with its obligations and responsibilities under this Agreement, the Adopted May 25, 2017 9 Bylaws, the Memoranda of Coverage, the Risk Management Standards, PARSAC's policies and procedures, and any other contract or requirement \[as any of the foregoing may be created or amended\] necessary to implement this Agreement or any Program; N. Pay any fines or penalties assessed by the Board or any regulatory agency that are attributable to the Member Entity's failure to perform in accordance with self-insurance regulations or comply with the provisions of this Agreement. An appeal may be filed with the appropriate regulatory agency. All decisions of the Board are final. O. Use an Executive Committee-approved third-party claims administrator for claims handling, under such circumstances as the Board of Directors may require. Failure to comply with any of the obligations under this section may be grounds for expulsion pursuant to Article XXIV of this Agreement. ARTICLE VIII BOARD OF DIRECTORS Except as otherwise provided in this Agreement or in the Bylaws, the powers of PARSAC shall be exercised, its property shall be controlled, and its affairs shall be conducted by its Board of Directors whose meetings, functions and activities shall be governed by the Bylaws. The Board shall be composed of one director who represents and acts on behalf of each respective Member Entity which participates in PARSAC's Liability and/or Workers’ Compensation Program. The number of persons on the Board shall be equal to the number of Member Entities. In addition, each Member Entity shall appoint a second individual as alternate director, who shall have the authority to attend, participate in, and vote at any meeting of the Board when the respective director is absent. Each director and alternate director shall be an elected official or employee of the respective Member Entity, shall be appointed by the Adopted May 25, 2017 10 respective Member Entity's governing body, and shall serve at its pleasure. If a director or alternate ceases to be an employee or elected official of a Member Entity for any reason, his or her position on the Board and any of its committees shall immediately terminate. The Board of Directors shall have the following powers and functions: A. The Board shall exercise all powers and conduct all business of PARSAC, either directly or by delegation of authority to other bodies or persons pursuant to this Agreement and applicable law; B. The Board shall form an Executive Committee from its membership. In the Bylaws the Board shall delegate to that Committee such powers as it sees fit; C. The Board may form such other committees as it deems appropriate in conducting PARSAC's business; D. The Board shall elect PARSAC's officers; E. The Board shall cause to be prepared and adopt PARSAC's annual operating budget; F. The Board shall develop, or cause to be developed, and shall review, modify as necessary, and adopt each of PARSAC's Programs, including all provisions for reinsurance and administrative services necessary to carry out such Program; G.The Board shall contractor otherwise provide for necessary services to PARSAC and to Member Entities. These necessary services may include, but shall not be limited to, risk management consulting, loss prevention and control, centralized loss reporting, actuarial consulting, claims adjusting, and legal defense services; H. The Board, either directly or through the Executive Committee, shall provide policy direction to PARSAC's General Manager; Adopted May 25, 2017 11 I. The Board shall receive and act upon reports of its committees and the General Manager, either directly or through the Executive Committee; J. The Board shall establish monetary limits upon any delegation of the claims payment and settlement authority, beyond which a proposed settlement must be referred to the Board for approval; K. The Board may require that PARSAC review, audit, report upon, and make recommendations with regard to the safety or claims administration functions of any Member Entity insofar as those functions are affecting PARSAC's liability or potential liability. The Board may forward any or all such recommendations to the Member Entity with a request for compliance and a statement of potential consequences for noncompliance; L. The Board shall receive, review and act upon periodic reports and audits of PARSAC's funds; M. The Board may amend, repeal or adopt new Bylaws, this Agreement or other key documents; N. The Board may increase, decrease, or otherwise amend the coverages, limits and other terms of any Memorandum of Coverage; O. The Board shall approve any proposal by the Executive Committee for Special Assessments from the Member Entities before such Special Assessments are billed; P. The Board may expel a Member Entity from any Program or from membership in PARSAC pursuant to Article XXIV of this Agreement; Q.The Board may ratify actions of the Executive Committee, where such ratification is required before the action becomes final; R. The Board may enter into a joint venture or contractual arrangement with any Adopted May 25, 2017 12 similar entity and may also enter into a merger or acquisition agreement with a similar entity, provided that if PARSAC is not the surviving entity in any such merger or acquisition, such action shall require approval by the vote of three-fourths of the Member Entities; and S. The Board shall have such other powers and functions as are provided for in this Agreement, the Bylaws, and applicable law. ARTICLE IX OFFICERS The officers of PARSAC shall be the President, Vice President, Treasurer, and Auditor/Controller, and their qualifications and duties shall be those set forth in the Bylaws. ARTICLE X EXECUTIVE COMMITTEE There shall be an Executive Committee, all of whose members shall be directors. The Executive Committee shall set policy for and direct the administration of PARSAC on a day-to- day basis and may, without limitation, provide incentives and impose penalties, financial or otherwise, for performing or failing to perform in conformance with PARSAC requirements, programs, standards and policies. The composition, specific authority and meeting arrangements of the Executive Committee shall be set forth in the Bylaws. ARTICLE XI ADMINISTRATION PARSAC shall have a general manager, who shall be appointed or terminated by the Executive Committee, shall be responsible to the Executive Committee for the efficient and effective administration of PARSAC, and who shall serve as the Secretary of PARSAC. The General Manager shall attend all meetings of the Board, the Executive Committee, and other committees of the Board (but shall have no vote), shall prepare and maintain all minutes of meetings of the Board and its Committees, notices of meetings, and records of PARSAC, and Adopted May 25, 2017 13 shall carry out all duties set forth in the Bylaws. ARTICLE XII BUDGET The Executive Committee shall recommend and the Board shall adopt an annual operating budget prior to the beginning of each Fiscal Year. ARTICLE XIII ANNUAL AUDITS AND REVIEWS A. Financial Audit. The Auditor/Controller shall cause an annual financial audit of the accounts and records to be prepared by a Certified Public Accountant in compliance with California Government Code Sections 6505 and 6505.5 or 6505.6 with respect to all receipts, disbursements, other transactions and entries into the books of PARSAC. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Government Code Section 26909 and shall conform to generally accepted accounting standards. A report of each such audit shall be filed as a public record with the Board, each of the Member Entities, and the auditor/controller of the county in which PARSAC’s administrative office is located. The report shall be filed within twelve \[12\] months of the end of the fiscal year under examination. PARSAC shall pay all costs for such financial audits. B. Actuarial Review. The Board shall cause an annual actuarial review to be prepared for each of the Programs of PARSAC and a report of such actuarial review shall be made available for inspection by the Board and the Member Entities. PARSAC shall pay all costs for such actuarial review. C. Claims Audit. The Board shall cause a biannual claims audit of the administration of the claims for each of the Programs of PARSAC. A report of such claims review shall be made available for inspection by the Board and the Member Entities. PARSAC Adopted May 25, 2017 14 shall pay all costs of such claims reviews. ARTICLE XIV ESTABLISHMENT AND ADMINISTRATION OF FUNDS PARSAC shall be responsible for the strict accountability of all funds and the reporting of all receipts and disbursements in accordance with generally accepted accounting principles. It will comply with all provisions of law relating to this subject, including California Government Code Sections 6500-6525. The Treasurer of PARSAC shall establish and maintain such funds andaccounts as may be required by good accounting practices and by the Board. Separate accounts shall be established and maintained for each Program Year of each Program of PARSAC. Books and records of PARSAC in the hands of the Treasurer or other designated person shall be open to inspection at all reasonable times by members of the Board or authorized representatives of the Member Entities. The Treasurer shall have the custody of and disburse PARSAC’s funds. He or she may delegate disbursing authority to such persons as may be authorized by the Board to perform that function provided that, pursuant to Government Code Section 6505.5, the Treasurer shall: A. Receive and acknowledge receipt of all funds of PARSAC and place them in the treasury to the credit of PARSAC; B. Be responsible upon his or her official bond for the safekeeping and disbursement of PARSAC's funds so held by him or her; C. Pay any sums due from PARSAC as approved for payment by the Board or by any body or person to whom the Board has delegated approval authority, making such payments from PARSAC's funds upon warrants drawn by the Auditor; D. Verify and report in writing to PARSAC and to Member Entities, as of the first Adopted May 25, 2017 15 day of each quarter of the fiscal year, the amount of money then held for PARSAC, the amount of receipts since the last report, and the amount paid out since the last report; E. Prepare a complete written report of all financial activities within one hundred and twenty \[120\] days after the close of each fiscal year for such fiscal year to the Board and to each Member Entity; and F. Receive, invest, and disburse funds in accordance with the procedures established by the Board or the Bylaws and in conformity with applicable law. Pursuant to Government Code Section 6505.1, the General Manager, the Treasurer, and such other persons as the Board may designate shall have charge of, handle, and have access to PARSAC's property. PARSAC shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in form specified by the Board, covering all officers and employees of PARSAC who are authorized to hold or disburse PARSAC's funds and all officers and employees who are authorized to have charge of, handle, and have access to PARSAC's property. The Authority shall defend and indemnify its directors, officers, and employees to the same extent as any other public entity of the State of California is obliged to defend and indemnify its public employees pursuant to California Government Code Section 825, et seq., or other applicable provisions of law. The Authority may insure or self-insure itself to the extent deemed necessary by the Board against loss, liability and claims arising out of or connected to the conduct of the Authority’s activities. ARTICLE XV SUPPORT OF PARSAC’S GENERAL EXPENSES Costs of staffing and supporting PARSAC \[hereinafter called PARSAC's general Adopted May 25, 2017 16 expenses\] shall be equitably allocated among the various Programs by the Board, and shall be funded by the Member Entities which participate in such Programs \[and ex-Member Entities\] in accordance with such allocations. ARTICLE XVI DEPOSIT PREMIUMS The Deposit Premiums for the Liability and Workers’ Compensation Programs shall be set at a level estimated to be sufficient, as determined by the Executive Committee, to cover PARSAC’s budget for each Policy year. The Deposit Premiums for the Member Entities shall be set by PARSAC using various rating and underwriting criteria, such as: \[1\] The Member Entity's payroll; \[2\]The Member Entity's exposurebase; \[3\] The results of an on-site underwriting inspection; \[4\] The Member Entity's prior claims history; \[5\] Total insurable values; and/or \[6\] Employee classification ratings. Deposit Premiums for the Liability, Workers’ Compensation, and Group Purchase Programs shall be billed to the Member Entities. At the conclusion of each Program Year, PARSAC shall conduct a payroll audit of each Member Entity to adjust for any discrepancies between estimated and actual payroll. In the sole discretion of PARSAC, an on-site payroll audit may be conducted by PARSAC or an independent auditor. Any adjustments in payrolls, either debits or credits, shall result in an assessment of additional premiums or a return of overpaid premiums. This adjustment shall be made within sixty (60) days after the date of the audit. Adopted May 25, 2017 17 ARTICLE XVII PARSAC MEMBERSHIP Member Entities shall participate in PARSAC's Liability Program and/or Workers’ Compensation Program as a condition of membership in PARSAC. Participation in either Program shall be a minimum of three years and the Term shall be renewed for subsequent one- year periods at the commencement of each Program Year upon payment of the applicable Deposit Premium, unless termination, withdrawal, or expulsion occurs pursuant to Articles XXIII and XXIV of this Agreement. The Executive Committee shall establish the initial SIR for each Liability or Workers’ Compensation Program Participant and may require a different SIR for Program Participants from time to time, in its sole discretion. Program Years shall begin on July 1 of each year and shall continue through the following June 30. Retroactive coverage may be provided as approved by the Board and documented on the Declaration Page of the respective Memorandum of Coverage. ARTICLE XVIII MEMORANDA OF COVERAGE The types and amounts of coverage for each Program available to Member Entities shall be specified in a Declarations Page and/or Memorandum of Coverage which shall be issued by PARSAC to each Member Entity for each Program Year in which the Member Entity has coverage. The Board shall have the power and authority to decrease, increase, or amend the coverage provided by a Memorandum of Coverage. If any such amendment is approved by the Board during a Program Year, no Member Entity participating in that Program Year shall be entitled to withdraw by reason of any said amendment prior to the termination of that Program Year. Adopted May 25, 2017 18 ARTICLE XIX SIR MANDATORY RESERVES/PAYMENTS A Member Entity participating in the Liability Program must establish by resolution a “Fund Balance Reserve” (“Reserve”) equal to three times (3) the designated SIR, or any underlying insurance deductible chosen, and approved for the Member Entity by PARSAC. The Reserve will be recorded and maintained in the appropriate Member Entity Fund in accordance with Generally Acceptable Accounting Principles. PARSAC will be notified of any proposed adjustment to the Reserve prior to the Member Entity’s adoption of such a resolution. PARSAC may request certification, by the Member Entity, of the balance in the Reserve account at any time. Applicants establishing coverage with PARSAC shall be required to submit the “Fund Balance Reserve Resolution” prior to coverage inception. Any Member Entity which does not desire to establish a local Fund Balance Reserve at the required three-times its SIR, or underlying insurance deductible amount, may contract for an actuarial study of its losses and reserves by a Fellow of the Casualty Actuary Society (FCAS) to ascertain and represent to PARSAC adequate SIR Reserves. Such SIR amount shall be established as the correct Reserve for that Member Entity. Although not obligated to do so, PARSAC may elect to pay a portion of claims expenses before the Member Entity’s self-insured retention has been exhausted in order to expedite the resolution of a claim. In this event, the member will be invoiced and shall have 30 days from the date of invoice to remit reimbursement. A 10% penalty shall be applied to the balance if payment is not received by the due date. The claims payment procedures for members participating in the Workers’ Adopted May 25, 2017 19 Compensation Program with a self-insured retention are as follows: 1. The Member Entity shall set up a checking account with the Third-Party Administrator (TPA). The TPA shall pay all claim expenses within the Member’s Entity’s self-insured retention from the checking account. The Member Entity shall be responsible for ensuring sufficient funds are available for all costs related to the checking account, including any set-up fees charged by the TPA; or 2. PARSAC shall pay all claim expenses within the Member Entity’s self-insured retention, which shall be reconciled and invoiced to the Member Entity quarterly. The Member Entity shall have 30 days from the date of invoice to submit its self- insured retention payment. A 10% penalty shall be applied to the balance if payment is not received by the due date. This option is available to Member Entities with an SIR of $100,000 or lower. ARTICLE XX RETROSPECTIVE PREMIUM ADJUSTMENTS AND ASSESSMENTS Retrospective Premium Adjustments (RPA) for self-funded Programs shall be calculated annually as determined by each Program’s funding policy. The Board may determine and levy special assessments on Member Entities by majority vote. The RPA is a financial reconciliation made by PARSAC to determine whether the Deposit Premium collected for that Policy Year was sufficient to cover the costs. An RPA summary is presented annually to the Board for approval. Distribution of credits or collection of assessments will follow each Program’s funding policy. If a Member Entity has timely withdrawn or been expelled from a Program, any Retrospective Premium Adjustment credit shall remain with PARSAC until all Policy Year(s) in which they participated have been closed and reconciled. Any Retrospective Premium Adopted May 25, 2017 20 Adjustment deficit shall be billed to the Member Entity at the time that particular Policy Year(s) is being reconciled. If a withdrawn or expelled member’s total equity for all program years in which they participated is insufficient, the member will be billed at the time the deficit is identified. A member that has untimely withdrawn from a program foregoes their right to any remaining equity and is subject to assessment for any deficits. ARTICLE XXI NEW MEMBERS Any California public entity as defined in Article I may apply for membership in PARSAC and participation in any of PARSAC's Programs at any time. Public Entities must participate in either the Liability or Workers’ Compensation program before participating in other Program offerings. PARSAC shall review all requests for Program membership, and the Executive Committee shall approve and the Board shall ratify, which applicants shall be accepted for membership, in which Programs they may participate, and when such participation shall begin. Public Entities shall become new Member Entities as of the effective date of coverage indicated on the Program Declarations Page and upon payment of the Deposit Premium. Public Entities which are in the process of formation shall be covered only as of the effective date of formation. Deposit Premiums for coverage which begins during a Program Year may be prorated for the remainder of the Program Year. A Public Entity applying for membership in the Workers’ Compensation or Liability Program shall complete, return and comply with all of the following: A. An “Application for a Certificate of Consent to Self-Insure” from the Department of Industrial Relations/Division of Self-Insurance Plans (DIR/SIP) (Workers’ Compensation only); Adopted May 25, 2017 21 B. Loss reports for the five (5) most recent policy years; C. Estimated payroll for the current year and corresponding to the 5 years of loss data D. Liability Exposure questionnaire from PARSAC, questionnaires from the excess carrier or reinsurer, and most recent three years’ audited financial statements; E. Undertake a risk management audit of its facilities and activities and, based upon such audit report, provide evidence of correction, elimination and/or clarification of all noted deficiencies revealed by such inspection; and F. Such other information as is reasonably required by PARSAC to assure compliance with law and PARSAC policies. ARTICLE XXII WITHDRAWAL Any Member Entity who has been a member for at least three full fiscal years may withdraw from its status as a member and as a party to the Joint Powers Agreement by submitting notice in writing to PARSAC as follows: A. Timely Notice of Withdrawal. A withdrawing Member Entity must notify PARSAC of its intention to withdraw at least six (6) months prior to the end of the fiscal year in which the member intends to withdraw, unless a shorter withdrawal period is approved by the Executive Committee, in its sole discretion. Withdrawing members who submit Timely Notice shall be subject to an administrative fee equal to their pro-rata share of ongoing expenses for the three program years following withdrawal. Ongoing expenses include but are not limited to staff payroll and benefits, actuarial services, investment services, financial audits, and claims administration. Withdrawing member will be Adopted May 25, 2017 22 invoiced for their portion of the administrative fee each of the three years. Calculation and Payment of Fee. The administrative fee shall be calculated based on the member’s actual payroll and self-insured retention level in the last year in which the member participated. In year one, 100% of the administrative fee will be charged to the member; 50% in year two; and 25% in year three. The withdrawing member shall be invoiced for their portion of the administrative fee and it shall not be taken from equity. Should equity be insufficient to cover any deficit, the member will be subject to assessment. The withdrawing member’s equity will remain with PARSAC until all years in which the member has participated are closed. Any equity remaining after all years have closed will be returned to the withdrawn member. B. Untimely Notice of Withdrawal. Members submitting a notice of intent to withdraw less than six (6) months prior to the end of the fiscal year, but not later than April 1, in which the member intends to withdraw shall be considered untimely. In the event of an untimely notice of intent to withdraw, the withdrawing member shall forego their right to any remaining equity. In addition to foregoing equity, withdrawing members who submit Untimely Notice shall be subject to an administrative fee equal to their pro-rata share of ongoing expenses for the three program years following withdrawal. Ongoing expenses include but are not limited to staff payroll and benefits, actuarial services, investment services, Adopted May 25, 2017 23 financial audits, and claims administration, and will remain subject to both the administrative fee and assessments for all years in which they participated. Withdrawing members will be invoiced for their portion of the administrative fee each of the three years. Calculation and Payment of Fee. The administrative fee shall be calculated based on the member’s actual payroll and self-insured retention level in the last year in which the member participated. In year one, 100% of the administrative fee will be charged to the member; 50% in year two; and 25% in year three. Withdrawal from the Liability or Workers Compensation Program shall terminate coverage under that Program. If withdrawal would result in the Member Entity no longer being a member of either the Liability or the Workers Compensation Program, then such withdrawal shall constitute withdrawal from this Agreement and from membership in PARSAC, subject to the ex-Member Entity's continuing obligations under Article XXV below. A notice of intent to withdraw may be rescinded in writing with Executive Committee consent at any time earlier than ninety (90) days before the expiration of the withdrawal period, except that any withdrawal approved by the Executive Committee upon less than 6 months notice shall be final. Any Member Entity which withdraws as a participant in any Program may renew participation in that Program by complying with all Program rules and regulations. Adopted May 25, 2017 24 ARTICLE XXIII EXPULSION Regardless of its three-year commitment under the Liability and/or Workers’ Compensation Program, a Member Entity may be expelled from PARSAC or a Program either with or without cause. The General Manager shall review any lack of satisfactory performance or other problem with the Member Entity and shall attempt to resolve the matter. If the General Manager determines that the Member Entity is unwilling or unable to correct the problem, the General Manager shall present the matter to the Executive Committee. The Executive Committee may recommend to the Board that the Member Entity be expelled, either with or without cause. Written notice of the Executive Committee's recommendation for expulsion shall be delivered to the Member Entity with return receipt at least fourteen \[14\] days before the Board meeting at which the matter will be discussed. Action by the Board shall require the vote of a majority of the total number of directors. Expelled members are subject to the administrative fee for a timely withdrawal as described in Article XXIII, Paragraph A. In considering the expulsion of a Member Entity, the Executive Committee shall allow the affected Member Entity a reasonable opportunity to address and remedy the reasons, if any, for the proposed expulsion. The period of time so allowed shall be within the sole discretion of the Executive Committee. If such a reasonable opportunity is allowed, PARSAC may require quarterly audits to monitor the affected Member Entity's remedial actions or any other conditions to its continued participation in PARSAC or its Programs. A Member Entity which is the subject of a proposed expulsion shall be responsible for investigating the availability of alternate coverage. On the request of the Member Entity, the Board may permit the Member Entity a reasonable time to make arrangements for alternative coverage, but such period of time shall be at the Board's sole discretion. Adopted May 25, 2017 25 ARTICLE XXIV EFFECT OF WITHDRAWAL OR EXPULSION ON MEMBER ENTITY'S RESPONSIBILITIES The withdrawal or expulsion of any Member Entity after its participation in any Program shall not terminate its responsibility with respect to the following: A. Provide PARSAC with such statistical and loss experience data and other information as may be necessary for PARSAC to carry out the purposes of this Agreement; B. Pay to PARSAC when due any Deposit Premiums or Retrospective Premium Adjustments for each Policy Year of each Program in which it participated; C.Cooperate fully with PARSAC in determining the cause of losses in the settlement of claims; D. Cooperate with and assist PARSAC and any insurer, excess provider, claims adjuster, legal counsel or other service provider engaged or retained by PARSAC in all matters relating to this Agreement; and E. Comply with the Bylaws and all policies and procedures of PARSAC not inconsistent with the provisions of this Agreement and not inconsistent with its withdrawal from PARSAC. Disposition of Equity – Timely Withdrawal or Expulsion. In addition, PARSAC shall retain all remaining equity, and the ex-Member Entity is obligated to pay any future assessments made with respect to the Policy Years of any Program in which it participated, until all such Policy Year\[s\] have been closed, at which time PARSAC shall refund to the ex- Member Entity, any remaining equity which was not expended in settling, paying or otherwise resolving claims against the ex-Member Entity. Disposition of Equity – Untimely Withdrawal. PARSAC shall retain all remaining equity Adopted May 25, 2017 26 and the ex-Member Entity is obligated to pay any future assessments made with respect to the Policy Years of any Program in which it participated, until all such Policy Year\[s\] have been closedand the administrative fee charged per Article XXII, Paragraph B. ARTICLE XXV TERMINATION OF AGREEMENT AND DISTRIBUTION OF ASSETS This Agreement shall continue in full force and effect until terminated. Termination of this Agreement shall also constitute the termination of all Programs. This Agreement may be terminated at any time by the vote of three-fourths of the Member Entities; provided, however, that this Agreement and PARSAC shall continue to exist for the purpose of disposing of all claims andpaying its obligations (to CalPERS) for employees’ health and pension benefits, before the distribution of assets, and any other functions necessary to wind up the affairs of PARSAC. Upon termination of this Agreement, all assets of each Program of PARSAC shall be distributed among the Member Entities \[and ex-Member Entities which previously timely withdrew or were expelled\] which participated in such Programs, in accordance with the retrospective premium adjustment process in effect during the term of this Agreement. Such distributions shall be determined within six \[6\] months after the disposal of the last pending claim or other liability covered by each Program. Following the termination of this Agreement, any Member Entity which was a participant in any Program of PARSAC shall pay any additional amount of premium, determined by the Board or its designee in accordance with a retrospective premium adjustment, which may be necessary to enable final disposition of all claims arising from losses under that Program during the Member Entity's period of participation. The Board is vested with all powers of PARSAC for the purpose of concluding and Adopted May 25, 2017 27 dissolving the business affairs of PARSAC. The Board may designate legal counsel and any committee or person to carry out a plan of dissolution adopted by the Board. ARTICLE XXVI NOTICES Notices to Member Entities under this Agreement or the Bylaws shall be sufficient if mailed to their respective addresses on file with PARSAC. Notices to PARSAC shall be sufficient if mailed to the address of the principal executive office of PARSAC, addressed to the General Manager. ARTICLE XXVII PROHIBITION AGAINST ASSIGNMENT No Member Entity may assign any right, claim, or interest it may have under this Agreement, and no creditor, assignee or third-party beneficiary of any Member Entity shall have any right, claim or title to any part, share, interest, fund, premium or asset of PARSAC. ARTICLE XXVIII AMENDMENTS This Agreement may be amended by a two-thirds vote of the Board present and voting at any duly convened regular or special meeting; provided that, any such amendment has been submitted to the directors and the Member Entities at least thirty \[30\] days in advance of such meeting. Member Entities may, by resolution or ordinance, grant their director and alternate on the Board explicit authorization to approve and execute amendments to this Agreement on behalf of the Member Entity without the necessity of a resolution or ordinance of the legislative body of the Member Entity confirming or ratifying such amendment. Any such amendment shall become effective immediately, unless otherwise stated therein. Adopted May 25, 2017 28 ARTICLE XXIX SEVERABILITY Should any portion, term, condition or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be affected thereby. ARTICLE XXX AGREEMENT COMPLETE The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein, except as noted with respect to the Bylaws and Memoranda of Coverage. If any provision of this Agreement conflicts with a provision of the Bylaws, Memoranda of Coverage or other document, such conflicting provisions shall be interpreted to avoid any such conflict, but this Agreement shall govern. Adopted May 25, 2017 29 ARTICLE XXXI EXECUTION OF COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but altogether shall constitute one and the same Agreement. Public Agency Risk Sharing Authority of California \["PARSAC"\] Date: By: ________________________________________ Name/Title Attest: __________________________________________ Deputy Secretary, PARSAC Member Entity: __________________________ Date: By: __________________________________________ Name/Title Attest: __________________________________________ City/Town Clerk Adopted May 25, 2017 30 APPENDIX “A” PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA \[PARSAC\] MEMBER ENTITIES City of Amador City City of Avalon City of Belvedere City of Blue Lake City of California City City of Calimesa City of Calistoga City of CitrusHeights City of Clearlake City of Coalinga City of Ferndale City of Grass Valley City of Highland City of Menifee City of Nevada City City of Pacific Grove City of Placentia City of Placerville City of Plymouth City of Point Arena City of Rancho Cucamonga Rancho Cucamonga Fire Protection District City of Rancho Santa Margarita City of San Juan Bautista City of South Lake Tahoe City of Tehama City of Trinidad Town of Truckee City of Twentynine Palms City of Watsonville City of West Hollywood City of Wheatland City of Wildomar Town of Yountville City of Yucaipa Town of Yucca Valley Adopted May 25, 2017 31 Date: By: ________________________________ Name/Title Attest: ______________________________ Deputy Secretary, PARSAC Member Entity: _______________________ Date: By: ________________________________ Name/Title Attest: ______________________________ City/Town Clerk 8 Lines of coverage PARSACREMIF Liability Employment Practices Liability Automobile Liability rd Property Damage (3 party) Workers’ Compensation Auto Physical Damage Public Official Errors and Omissions Property Damage (for members’ property) Special Events Coverage Fidelity Bond Employee Benefits (dental, vision, LTD, life) Medical benefits (actives, retirees) Services Offered PARSAC REMIF Safety Program Grants Consultation and referral services Customized risk management presentations Video and print resource library Regional and onsite risk management training Web-based OSHA safety courses In person OSHA safety courses Web-based employment practices courses On site risk assessments Post-accident assistance and mitigation Operational Best Practices Templates Page 3 of 4 Lexipol Fire and LE Consultation with employment law firms Liebert Cassidy Whitmore (LCW) Consortium Membership DMV pull program DOT Drug Screening Program Defensive Driver Training Pre-employment physicals Page 4 of 4 DATE:October 21, 2020 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Sean McPherson, Senior Planner Jennifer Nakamura, Management Analyst II SUBJECT:Consideration of Donation of Public Art. RECOMMENDATION: Staff recommends that the City Council accept the subject art piece for donation. BACKGROUND: On February 28, 2018, the Planning Commission approved a proposal to construct a new approximate 28,000 square foot warehouse/office building on two (2) parcels of land located at the northeast corner of 6th Street and Charles Smith Avenue. Pursuant to Chapter 17.124 of the City’s Development Code, the project is required to comply with the City’s public art ordinance through either the development of art on the project site, contribution to the public art fund or donation of art to the City. The developer commissioned San Diego artist Kathleen King to create artwork to be located on the project site. The piece, titled, “The Peloton Takes the Cucamonga Curve,” is a series of five metal sculptures totaling approximately 26 feet in length and designed to be installed as one contiguous unit. Inspired by the artist’s desire for cycling culture, the piece is characterized by the artist’s unique “Bike Scribble” style. A photograph and brief description of this art piece was highlighted in the San Diego Union Tribune (Attachment 1). Due to unforeseen technical issues related to the configuration of the project site, the applicant is no longer able to locate the art installation on-site. To satisfy the art requirement, the applicant has now requested to donate the art to the City to install at an appropriate public location (Attachment 2). ANALYSIS: On October 5, 2020, the PAC unanimously recommended that the City Council accept the subject art piece. As part of their recommendation, the PAC requested that staff provide clarification on the following discussion points for the Council’s consideration: 1.Dimensions (thickness) of metal to be used: The committee requested detail on the thickness of the metal in the piece for durability purposes. In referencing plans submitted as part of the building permit plan check process, each primary art piece (the main bicycle and rider components), are comprised of steel plates 3/16” wide, which are held up by ¾” steel bar vertical supports, which in turn are welded to 3/8” steel base plates. The total height of the piece ranges between 60” and 66”. 2.Type of Paint Applied: In the context of discussing long term maintenance if the City were to accept this art piece, the PAC requested that staff provide the type of paint used on the art piece. The paint selected by the artist is Montana Cans, a product of Germany. It is renowned in street art and murals for its colors, high quality and wear resistance. It is a water based acrylic paint which has been sealed with two coats of clear coat sealer. 3. Cost of Installation: The PAC also requested that staff research the anticipated cost of installation. According to receipts provided to the City by the project developer, it can be estimated that installation cost of the art piece may be around $8,200. Staff notes that costs associated with the installation of the art will be paid through the City’s Public Art Fund. 4. Annual Maintenance Cost and Schedule: According to the artist, baring any usual impacts such as hail or some abrasive material dragging the surface, the piece should not require more than minor touch up every ten years. This cost is expected to be approximately $500 when needed. The manufacturer’s guidelines for the paint are for 20 years of outdoor exposure. 5. Storage and Timeline for Installation: The piece is currently being stored at the project site on Charles Smith Avenue. Upon approval of the donation of the art piece, the City will work with the developer and the artist to transfer custody of the work and store until a suitable location is selected and installation is initiated. FISCAL IMPACT: Estimated one-time costs for installation are approximately $8,200 and decennial maintenance costs are estimated at $500. Costs associated with the installation and maintenance of the art will come from the Public Art Fund. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: General Plan Land Use Goal LU-14 promotes the support of public art as an important amenity of a beautiful City. Further, General Plan Policy LU-14.1 encourages that the City pursue the placement of public art in prominent locations, particularly along major travel corridors. While the developer originally intended to locate the art piece on a certain site as part of a specific development project, the donation of the art piece allows the City the opportunity to place the art in a prominent location for maximum visibility and enjoyment by the community, thus creating a new amenity to beautify the City. ATTACHMENTS: Attachment 1 – Image and Summary of “The Peloton Takes the Cucamonga Curve” Attachment 2 – Art Donation Request from developer Page 2 September 25, 2020 Sean McPherson, AICP Senior Planner Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: Artwork Donation 9039 Charles Smith Avenue Dear Sean: Pursuant to our conversation regarding the artwork requirement for our project located at 9039 Charles Smith Avenue, we will not be installing the artwork that was commissioned for this site. We wish to donate the art piece to the City of Rancho Cucamonga. We are aware that the Public Art Committee and City Council need to agree to this donation. In the event they do not accept the art piece as a donation, we understand that will be required to pay the in-lieu fee as a condition of the City issuing the Certificate of Occupancy. Enclosed is documentation reflecting the cost of the artwork for your review. If you have any questions or concerns regarding this matter, please contact me at 310-689-7600. Sincerely, David A. Parker President Enclosures 6444 San Fernando Road, #3944, Glendale, CA 91221 | 310-689-7600 f o n o i t a t 0 2 r n 0 2 A o , 1 c D 2 i r l r e b b o o t f u c O t P s e u q e R n o i t site, thus developer proposes to donate - a Planning Commission approves ~28,000 – Public Art Committee recommends City m – r o f n I t c e j o r February 28, 2018 square foot industrial project which is subject to Public Art Ordinance;Developer intended to install art, however due to technical site constraints during construction, the developer is not able to install the art piece onart to City;October 5, 2020 Council accept the donation. P••• y b ” e v r u C . a g g n n i o K m n a e c e l u h C t a e K h t t s s i t e r k a a T o g n e o i t D o l n e a P “S n o i t a d n e m m o c e Staff and the Public Art Committee recommends that the City Council accept the request for art donation;Upon acceptance of art piece, the Public Art Committee will determine appropriate location and coordinate installation. R ••