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08/25/2009 w PENDING CRA APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING -AUGUST 25,2009 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California, on August 25, 2009 at 6:00 p.m. PRESENT: Maryetta Ferro, Chairman Lee Ann Garcia, Vice-Chairman ' ' • Walt Stanckiewitz, Agency Member Brenda Mesa, City Clerk Bernie Simon,Finance Director/Acting City Manager Joyce Powers, Community&Economic Development Director Richard Shields, Building & Safety Director Colin Burns, City Attorney's Office Lt. Tony Allen, Sheriff's Department John Salvate, San Bernardino County Fire Department ABSENT: Bea Cortes, Agency Member Jim Miller, Agency Member John Harper, City Attorney CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6:00 P.M. APPROVAL OF 08-11-2005 MINUTES CRA-2009-40 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER STANCKIEWITZ, CARRIED 3-0-2-0 (AGENCY MEMBERS CORTES AND MILLER WERE ABSENT), to approve the August 11, 2009 Community Redevelopment Agency Minutes. Chairman Ferro adjourned the Community Redevelopment Agency Meetingat 6:10 p:m.,until the next CRA/City Council Meeting that is scheduled to be held on Tuesday,September 8,2009 at 6:00 p.m. SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace CRA AGENDA ITEM NO. I 5. Effectiveness of this Agreement is subject to a final determination by a California court of competent jurisdiction upholding the Program or otherwise allowing for payments to be made by the Agency to the City. 3 DOCSOC/1499777v3/022092-0000 Agency shall transfer funds to the City in an amount equal to such payment; each such payment by the Agency shall be referred to herein as a"Required Agency Payment" and, as such payments are combined, "Required Agency Payments." The obligation for each Required Agency Payment shall accrue until paid; interest shall accrue on any unpaid balance of the Required Agency Payments at an annual 2 DOCSOC/1499777v3/022092-0000 $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. iting concerning fees is not required. (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f) This section shall become operative on January 1, 2000. by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. • 28. NOTICES. All.notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 ❑Contract Database ❑FAS' Input Date Keyed By • Y evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. CITY OF GRAND TERRACE PENDING CITY COUNCIL APPROVAL CITY COUNCIL MINUTES REGULAR MEETING -AUGUST 25,2009 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers,Grand Terrace Civic Center,22795 Barton Road, Grand Terrace,California,on August 25,2009 at 6:00 p.m. PRESENT: Maryetta Ferre, Mayor Lee Ann Garcia, Mayor Pro Tem Jim Miller, Councilmember Walt Stanckiewitz, Councilmember Brenda Mesa, City Clerk Bernard Simon, Finance Director/Acting City Manager Joyce Powers, Community&Economic Development Director Richard Shields, Building & Safety Director Colin Burns, City Attorney's Office Lt. Tony Allen, San Bernardino County Sheriff's Department John Salvate, San Bernardino County Fire Department ABSENT: Bea Cortes, Councilmember John Harper, City Attorney The City Council meeting was opened with Invocation by Mayor Pro Tern Lee Ann Garcia,followed by the Pledge of Allegiance led by Councilman Walt Stanckiewitz. CONVENE CITY COUNCIL MEETING ITEMS TO ADD/DELETE Colin Burns, City Attorney's Office,indicated that he would like to add an Urgency Closed Session be scheduled for anticipated litigation. CC-2009-109 MOTION TO ADD AN URGENCY CLOSED SESSION ITEM FOR ANTICIPATED LITIGATION,CARRIED 3-0-2-0(COUNCILMEMBER CORTES AND MILLER WERE ABSENT). SPECIAL PRESENTATIONS 2A. Chamber of Commerce Business of the Month Sally Mcquire,Grand Terrace Area Chamber of Commerce,introduced Joyce James,owner of Educare Learning Systems which is the business of the month for August 2009. Joyce is COUNCIL AGENDA ITEM NO. 3c: competent jurisdiction upholding the Program or otherwise allowing for payments to be made by the Agency to the City. 3 DOCSOC/1499777v3/022092-0000 Agency shall transfer funds to the City in an amount equal to such payment; each such payment by the Agency shall be referred to herein as a"Required Agency Payment" and, as such payments are combined, "Required Agency Payments." The obligation for each Required Agency Payment shall accrue until paid; interest shall accrue on any unpaid balance of the Required Agency Payments at an annual 2 DOCSOC/1499777v3/022092-0000 $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. iting concerning fees is not required. (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f) This section shall become operative on January 1, 2000. by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. • 28. NOTICES. All.notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 ❑Contract Database ❑FAS' Input Date Keyed By • Y evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. Council Minutes 08/25/2009 Page 2 a licensed teacher and owner of Educate.Learning Systems. She provides affordable home base child care, tutoring and test preparation for children K-.12 grades. Her students are transported between Terrace View, Grand Terrace Elementary, and Cooley Ranch Elementary Schools and Joyce assures her parents that she is their child's bridge between home and school. She reminded everyone that Market Night is held on the third Monday of every month at Azure Hills Church from 5:00 to 8:00.p.m. She also reported that their Annual Golf Tournament will be held on September 25, 2009. Joyce James, thanked the Chamber of Commerce. She appreciates the recognition of Business of the Month and for the support of the City of Grand Terrace. CONSENT CALENDAR CC-2009-110 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 4-0-1-0 (COUNCILMEMBER CORTES WAS ABSENT), to approve the following Consent Calendar Items with the Removal of Item 3D. 3A. Approve Check Register Datd 08-25-2009 3B. Waive Full Reading of Ordinances on Agenda 3 C. Approval of 08-11-2009'Minutes 3E. Street Maintenance Contractor(Roquet Paving) 3F. Measure I Audit- FY 2007-08 ITEMS REMOVED FROM THE CONSENT CALENDAR 3D. Animal Shelter Agreement- City of San Bernardino C C-2009-111 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM GARCIA,CARRIED 4-0-1-0(COUNCILMEMBER CORTES WAS ABSENT),to approve Item 3D. Animal Shelter Agreement with the City of San Bernardino with the correction on page 4 of the Agreement to have Notice sent to the City Manager of the City of Grand Terrace. PUBLIC COMMENT RA "Barney" Barnett, 474 Prospect, H:ighgrove, gave-a brief update on the Highgrove Metrolink Station. He stated that it started as a$168,000,000.0.0 project and it is now up to $220,000,000.00, at least. The plan that is being presented by RCTC includes Federal money. Your Federal tax dollars and his are being involved in this project. RCTC wants to put a station stop when they build and rebuild the railroad on the Perris Valley line between_ Highgrove and Perris. They want to put a station stop where there are no commuter trains 2 DOCSOC/1499777v3/022092-0000 $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. iting concerning fees is not required. (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f) This section shall become operative on January 1, 2000. by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. • 28. NOTICES. All.notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 ❑Contract Database ❑FAS' Input Date Keyed By • Y evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. Council Minutes 08/25/2009 Page 3 at either Palmeritto,Marlboro or Columbia. Just a half mile away from this location is where there are commuter trains. There are seven trains going up between Riverside and San Bernardino. Federal dollars would be used to transport people between Riverside and Penis, these same trains go through Grand Terrace and Highgrove between Riverside and San Bernardino would keep right on going and not stop. They have asked for seven and a half years to get this station location to stop where the people are and where they can ride the trains. He stated that in 2001 the City Council passed a Resolution supporting this Highgrove Station. They are looking to reaffirm that the Council still supports this location. He prepared a sample Resolution and is asking for Council's support. Bobbie Forbes, 11850 Burns Avenue, requested that the Council keep in mind when interviewing the applicants for the Planning Commission Vacancy experience,knowledge, the comfort with the people and the importance of having someone that you can talk to. There are more and more vacant homes in Grand Terrace. People leave their animal behind when they vacate their homes. She asked that if anyone notices an animal that has been left behind to contact Animal Control or take them in. She urged residents to contact the City when there is a pool in a vacant home so that they can be emptied. She feels that there are things around town that aren't being tended to and she is unsure who she should contact about these items. She reported that there are coyotes in Grand Terrace everyday all day long and encouraged residents to watch their pets. Bernie Simon,Acting City Manager,stated that he will get Code Enforcement to go out and look at the vacant properties and take care of dangerous situations. He stated that he can be contacted regarding any of the issues that Bobbie Forbes has or any other member of the community may have. He stated that staff has made contact with San Bernardino County regarding the Coyote issues in Grand Terrace. They have a trapper and they are working within the City of Grand Terrace. Information regarding Coyotes is available on Channel 3 and on the website. REPORTS 5A. Committee Reports 1. Community Emergency Response Team(C.E.R.T.) a. Minutes of July 7, 2009 CC-2009-112 MOTION BY MAYOR PRO TEM GARCIA,SECOND BY COUNCILMEMBER MILLER,CARRIED 4-0-1-0(COUNCILMEMBER CORTES WAS ABSENT),to accept the July 7, 2009 Minutes of the Community Emergency Response Team (C.E.R.T.) 5B. Council Reports reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. iting concerning fees is not required. (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f) This section shall become operative on January 1, 2000. by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. • 28. NOTICES. All.notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 ❑Contract Database ❑FAS' Input Date Keyed By • Y evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. Council Minutes 08/25/2009 Page 4 Mayor Pro Tern Lee Ann Garcia, reported that the Kung Fu Panda Movie in the park was • bigger than ever. She thanked all of the,staff for their hard work. She welcomed everyone back to school and happy learning to all of the little ones in town. Councilmember Stanckiewitz,encouraged everyone to support Market Night. He feels that it is a critical activity for the community. He stated that in the Crime Summary there was an armed robbery noted and he wanted to know if there was anyway Citizen's Patrol canset up a phone tree to notify other businesses that this has happened so that all businesses can be on alert. Lt.Tony Allen, San Bernardino County Sheriff's Department responded in the affirmative. PUBLIC HEARINGS -None UNFINISHED BUSINESS -None NEW BUSINESS 8A. Redflex Financial Update CC-2009-113 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY MAYOR FERRE, CARRIED 3-1-1-0 (COUNCILMEMBER MILLER VOTED NO AND COUNCILMEMBER CORTES WAS ABSENT), to approve a payment in the amount of$87,400.53 to Redflex Traffic Systems that is being held in the trust fund. CC-2009.114. MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 4-0-1-0 (COUNCILMEMBER CORTES WAS ABSENT), to direct the.Acting City Manager/Finance Director to prepare a report outlining the_expenditures of the $30,000.00, how the $25,000.00 in the Traffic Safety Fund will be used, a work out plan with Redflex Traffic Systems and an analysis of the Red Light Vehicle Tickets and to bring it to Council at the September 8, 2009 City Council Meeting. 8B.. Grand Terrace Road Street Parking Study Dr. Joseph Adeyemo,Principal Terrace View Elementary School, stated that Terrace View has been good neighbors to those on the North, West and East side of the school and they want to be good neighbors to the seniors. He stated that there isn't enough parking at the school so they need every space possible for parents,etc. He feels that it will be a disservice to the students and parents to take away the parking in front of the school. Jaime Ayala,Assistant Superintendent,Colton Joint Unified School District, 1212 Valencia hannel 3 and on the website. REPORTS 5A. Committee Reports 1. Community Emergency Response Team(C.E.R.T.) a. Minutes of July 7, 2009 CC-2009-112 MOTION BY MAYOR PRO TEM GARCIA,SECOND BY COUNCILMEMBER MILLER,CARRIED 4-0-1-0(COUNCILMEMBER CORTES WAS ABSENT),to accept the July 7, 2009 Minutes of the Community Emergency Response Team (C.E.R.T.) 5B. Council Reports reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. iting concerning fees is not required. (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f) This section shall become operative on January 1, 2000. by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. • 28. NOTICES. All.notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 ❑Contract Database ❑FAS' Input Date Keyed By • Y evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. Council Minutes 08/25/2009 Page 5 Drive, Colton, stated that staff spoke with Dr. Adeyemo however, no one spoke to the District office regarding this issue. He stated that the District has no concerns or objections with the parking restrictions towards Mt. Vernon nor with the proposed restrictions at the Senior Citizen complex driveway. He feels that it should be limited to thirty feet from the driveway. Their biggest concern is to eliminate parking in front of the school. There is already limited space for parking and if more parking is taken away from them it will greatly impact the school. They would like the Council to consider on the street directly west of the schools exit driveway that the City prohibit parking thirty feet from the driveway. He feels that the line of sight will still_be there and it will preserve the parking that they greatly need. JoAnn Johnson, 12723 Mt. Vernon Avenue, expressed her concern that doing too much could very easily make a bad situation worse than it already is. She feels that the restrictions on either side of the Senior Center driveway could be very helpful and feels that the thirty feet would.be ample. Parents do need to park someplace and she fears severe restrictions without providing an alternative place to park could make the situation even worse than it already is. More strict parking on Grand Terrace Road would probably force even more people to pick the children up on Brentwood and that is already a zoo,to say the least. She requested that the Council consider very carefully before you do something that can make things worse than they already are. Donna Henderson, 12719 Sanburg Way,,stated that she has a grandchild and great grandchild that attends Terrace View Elementary School. She has extensive experience with schools, she was a teacher in the Colton District for 17 years,_ Principal in Jurupa for 18, and supervised student teachers. She has been in a lot of schools and it is always a zoo in front of schools. She would say that both of the elementary schools in Grand Terrace have inadequate parking. The idea that it could be a stopping zone,where you could drop kids off is clearly not feasible. Her two that she_picks up are in first grade and there is no way that she would stop in front of the school and wait for them to come out to the street. If you don't get there 15 to 20 minutes early you may have to park two blocks away and walk down. She feels that it is not right to not have parking in front of the school. She understands the concern with the driveways, however,parking.is a big problem. Mark Roman,22654 Van Buren Street, stated that he has two children that attend Terrace View. He feels that as a whole everyone has the right idea. He questioned if there are any reports or a log of the violations that have occurred there. Is there an accident.record. Is this a concerning problem where there are a lot of accidents. They were very patient with the senior center while it was beingbuilt arid having trucks block the street at 8:00 a.m. There really isn't anyway that they can block the parking across the street from the school, Brentwood would be a disaster. Mary Jo Ford, 22715 Arliss Drive, stated that her concerns are pretty much the same as everyone else. She questioned where,they are suppose to park. She indicated that she Page 7 of 8 ❑Contract Database ❑FAS' Input Date Keyed By • Y evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. Council Minutes 08/25/2009 Page 6 - counted the number of spaces they have at the school. She stated that there are 35 spaces plus 2 handicap in the main parking and 17 in the other.. There are 65 staff members and teachers at the school,where are they suppose to park let alone the parents. Darcy Fraser, 4542 Spirit Court, Riverside, stated that she was born and raised in the City of Grand Terrace and is proud to have both of her girls attend school in Grand Terrace thanks to the Magnet Program at Terrace View Elementary. Her children are in 4th grade and kindergarten. She is at the school three times a day. She questioned if the vacant area at the end of the landscaping could be paved for parking. She stated that eliminating parking across the street from the school just would not be feasible. Debi Glaze, 22245 Cardinal Street, stated that she has three children that attend Terrace View Elementary School. Most of her concerns have already been covered. She stated that once again a development was allowed to go on in the City of Grand Terrace without the full study being done on parking. The school has been there. She feels that the parking issue should have been considered before the_Senior Center was built. She feels that everyone needs to work together to be good neighbors. Richard Loder, 12610 Garden Avenue,stated that he feels that the study is short sighted. He feels that the Council should put together a committee to discuss this issue in an effort to come up with a compromise. He feels that someone should be held accountable that this issue was not addressed prior to the construction. Dawn Irey, 22780 Grand Terrace Road, stated that she lives directly across from the east parking lot of the school. She has a large field and people park everywhere. She has had people park in her grass and toss their garbage in her yard. She feels that what is being proposed is not a solution. She stated that the only cross walk that is available goes directly into a dirt field. She feels that there are many other issues at this school other than parking that need to be addressed. Shawn Marie Moore,22537 Grand Terrace Road,stated that she lives on the corner of Grand Terrace Road and Mt. Vernon. Stated that she is upset that she is being told that she can't park in front of her own home. Barney Karger, 11668 Bernardo Way,stated thathe has been fighting this problem for a long time. He feels that it should be no parking in the turning lane going west on the north side of the street from before the curve going west otherwise you can't turn properly onto Mt. Vernon. He feels that no parking five feet from either side of the driveway approach is appropriate. One of the main problems is on the south side of the road,the yellow line is in the wrong place. On the north side of the street no body parks on the street,they park on the dirt. He suggested moving the yellow line two feet. h the senior center while it was beingbuilt arid having trucks block the street at 8:00 a.m. There really isn't anyway that they can block the parking across the street from the school, Brentwood would be a disaster. Mary Jo Ford, 22715 Arliss Drive, stated that her concerns are pretty much the same as everyone else. She questioned where,they are suppose to park. She indicated that she Page 7 of 8 ❑Contract Database ❑FAS' Input Date Keyed By • Y evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. Council Minutes 08/25/2009 Page 7 CC-2009-115 MOTION BY MAYOR FERRE, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 4-0-1-0 (COUNCILMEMBER CORTES WAS ABSENT),to table this item and direct the City Manager,Community and Economic Development Director and the Traffic Engineer to meet with the Colton Joint Unified School District, Joseph Ayala and his leadership team and his PTA Board to come up with some solutions that will be satisfactory to everyone. 8C. Discussion on Workshop Process for Policy Development and Important Topics Amanda Betten, 22733 Palm Avenue, feels that the workshop idea is an excellent idea. Being involved in the community with the naming of the high school and the community events committee she has noticed from the beginning of spring till now a huge change. In the beginning it seemed like the City and the School weren't working together and it was frustrating to the volunteers in the community. If you get community input you accomplish a lot more. You have much more help much more ideas. If you continue the way that you have been doing it you will continue to have problems. She feels that the left hand and the right hand haven't been working together and they need to work together. Doing workshops and communicating is very important. She feels if you don't communicate the Council is doing an injustice to the citizens. She encouraged the Council to do some type of workshop to improve the City and move away from the old ways. It was the consensus of the Council to leave things the way that they are and that any Councilmember can make a motion to hold a workshop on any item that they feel necessary and if it is the desire of the majority of the Council it will take place. 8D. Interview Applicants for Planning Commission and Consider Appointment to Fill an Unexpired Term Doug Wilson, 12168 Observation Drive, stated that he has an obvious vested interest in the Council's decision tonight. He stated that he does not know Mr.Bailes that well but he does know Mr. McConnell. He feels that Mr. McConnell is a bright, informed and intelligent citizen. He has a record of service within his community and exhibits solid moral character. He has experience with understanding plans. He appreciates both applicants willingness to serve and feels that it is exemplary. The Council has made some excellent informed decisions and he applauds their courage and patience. The following individuals participated in the interview process: Jeffrey McConnell Robert Bailes The Council appointed Robert Bailes by majority vote to fill an unexpired term on the onto Mt. Vernon. He feels that no parking five feet from either side of the driveway approach is appropriate. One of the main problems is on the south side of the road,the yellow line is in the wrong place. On the north side of the street no body parks on the street,they park on the dirt. He suggested moving the yellow line two feet. h the senior center while it was beingbuilt arid having trucks block the street at 8:00 a.m. There really isn't anyway that they can block the parking across the street from the school, Brentwood would be a disaster. Mary Jo Ford, 22715 Arliss Drive, stated that her concerns are pretty much the same as everyone else. She questioned where,they are suppose to park. She indicated that she Page 7 of 8 ❑Contract Database ❑FAS' Input Date Keyed By • Y evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. Council Minutes 08/25/2009 Page 8 Planning Commission to continue to June 30, 2010. CLOSED SESSION 9A. Potential Litigation Mayor Ferre announced that the Council met in Closed Session to discuss Potential Litigation and that there was no reportable action taken. Mayor Ferre adjourned the meeting at 8:32 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, September 8, 2009 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace terim Secretary of the Community Redevelopment Agency of the City of Grand Terrace (SEAL) DOCSOC/1499775v3/022092-0000 City Manager ATTACHMENTS: Check Register— September 27, 2011 e Preliminary Draft Initial Recognized Obligation Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) I he Ilk.\loonlain Cih Grand Terrace AGENDA REPORT CALIFORNIA MEETING DATE: August 25, 2009 Council Item(X) CRA Item ( ) TITLE: Animal Shelter Agreement—City of San Bernardino PRESENTED BY: Bernie Simon, Finance Director and Acting City Manager RECOMMENDATION: Approve Agreement and direct Mayor to execute contract BACKGROUND: Grand Terrace contracts with the City of Colton for animal control services. Both cities use the animal shelter services of the City of San Bernardino. The contract with Colton calls for a separate agreement with the City of San Bernardino for animal shelter services. DISCUSSION: This is a temporary agreement through December 2009. The City of San Bernardino previously had announced that it would no longer shelter animals for other cities due to facility overcrowding and other facility issues. Outside users did meet with City of San Bernardino staff to discuss the issue. The City of San Bernardino did agree to extend the agreement through December 2009. The new contract cost is $1,150 per. month. Previously the cost was charged based on a per animal basis. The fee is roughly double the previous cost. Grand Terrace will still receive revenue from the City of San Bernardino for fees collected on behalf of Grand Terrace. The animal shelter is an emerging issue that is still unsettled at this time. Potentially, the City of San Bernardino may allow a longer period for animal shelter services: The area cities are also discussing an animal shelter joint powers authority to provide services. Using San Bernardino County is also a possibility. The city budgets $54,000 for animal control services and shelter costs. The majority of the budget is the contract with the City of Colton for animal control services which is approximately$47,000. At this time,there is no immediate alternative. FISCAL IMPACT: COUNCIL AGENDA ITEM NO.31D Drive, stated that he has an obvious vested interest in the Council's decision tonight. He stated that he does not know Mr.Bailes that well but he does know Mr. McConnell. He feels that Mr. McConnell is a bright, informed and intelligent citizen. He has a record of service within his community and exhibits solid moral character. He has experience with understanding plans. He appreciates both applicants willingness to serve and feels that it is exemplary. The Council has made some excellent informed decisions and he applauds their courage and patience. The following individuals participated in the interview process: Jeffrey McConnell Robert Bailes The Council appointed Robert Bailes by majority vote to fill an unexpired term on the onto Mt. Vernon. He feels that no parking five feet from either side of the driveway approach is appropriate. One of the main problems is on the south side of the road,the yellow line is in the wrong place. On the north side of the street no body parks on the street,they park on the dirt. He suggested moving the yellow line two feet. h the senior center while it was beingbuilt arid having trucks block the street at 8:00 a.m. There really isn't anyway that they can block the parking across the street from the school, Brentwood would be a disaster. Mary Jo Ford, 22715 Arliss Drive, stated that her concerns are pretty much the same as everyone else. She questioned where,they are suppose to park. She indicated that she Page 7 of 8 ❑Contract Database ❑FAS' Input Date Keyed By • Y evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. ITEMS REMOVED FROM THE CONSENT CALENDAR 3D. Animal Shelter Agreement- City of San Bernardino CC-2009-111 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM GARCIA,CARRIED 4-0-1-0(COUNCILMEMBER CORTES WAS ABSENT),to approve Item 3D. Animal Shelter Agreement with the City of San Bernardino with the correction on page 4 of the Agreement to have Notice sent to the City Manager of the City of Grand Terrace. .O6 t 130UO3 t 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace terim Secretary of the Community Redevelopment Agency of the City of Grand Terrace (SEAL) DOCSOC/1499775v3/022092-0000 City Manager ATTACHMENTS: Check Register— September 27, 2011 e Preliminary Draft Initial Recognized Obligation Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) Contract cost would be $6,900 for six months. Animal shelter costs for FY 2009 and FY 2008 were $6,695 and $6,818, respectively. Staff is aware that additional funds will need to be appropriated by the Council at a later date based on the current information. Respectfully submitted, Bernie Simon Finance Director and Acting City Manager Manager Approval: Bernie Simon Acting City Manager ATTACHMENTS: 1)Animal Housing Agreement with City of San Bernardino 2) City of Colton Animal Control Officer Agreement race terim Secretary of the Community Redevelopment Agency of the City of Grand Terrace (SEAL) DOCSOC/1499775v3/022092-0000 City Manager ATTACHMENTS: Check Register— September 27, 2011 e Preliminary Draft Initial Recognized Obligation Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) ANIMAL CONTROL DEPARTMENT 333 Chandler Place•San Bernardino,CA 92408-2097 .. 909.384.1304 :k. M , X �'. Fax: (909)384.5483 CITY OF www.sbcityanimal.org San Bernar 1 inn Email: animalcomplaints@sbcity.org SM July 20, 2009 Steve Berry City of Grand Terrace 22795 Barton Rd. Grand Terrace, Ca. 92313 Dear Mr. Berry, At the Mayor and Common Council meeting of July 6, 2009, the City of San Bernardino adopted Resolution No. 2009-179 -Resolution of the Mayor and Common Council of the City of San Bernardino, authorizing the City Manager to execute Animal Housing Agreements by and between the City of San Bernardino and the City of Colton for the period 07/01/2009 through 12/31/2009. Attached are one (1) original agreement and two (2) duplicate originals of each of the agreements to be executed. Please obtain signatures and return the ORIGINAL agreements to Sue Hoak, Animal Control Manager as soon as possible. Please retain one (1) duplicate original of the agreement for your records. Thank you, . 14)--"k> Susan M. Hoak Animal Control Manager double the previous cost. Grand Terrace will still receive revenue from the City of San Bernardino for fees collected on behalf of Grand Terrace. The animal shelter is an emerging issue that is still unsettled at this time. Potentially, the City of San Bernardino may allow a longer period for animal shelter services: The area cities are also discussing an animal shelter joint powers authority to provide services. Using San Bernardino County is also a possibility. The city budgets $54,000 for animal control services and shelter costs. The majority of the budget is the contract with the City of Colton for animal control services which is approximately$47,000. At this time,there is no immediate alternative. FISCAL IMPACT: COUNCIL AGENDA ITEM NO.31D Drive, stated that he has an obvious vested interest in the Council's decision tonight. He stated that he does not know Mr.Bailes that well but he does know Mr. McConnell. He feels that Mr. McConnell is a bright, informed and intelligent citizen. He has a record of service within his community and exhibits solid moral character. He has experience with understanding plans. He appreciates both applicants willingness to serve and feels that it is exemplary. The Council has made some excellent informed decisions and he applauds their courage and patience. The following individuals participated in the interview process: Jeffrey McConnell Robert Bailes The Council appointed Robert Bailes by majority vote to fill an unexpired term on the onto Mt. Vernon. He feels that no parking five feet from either side of the driveway approach is appropriate. One of the main problems is on the south side of the road,the yellow line is in the wrong place. On the north side of the street no body parks on the street,they park on the dirt. He suggested moving the yellow line two feet. h the senior center while it was beingbuilt arid having trucks block the street at 8:00 a.m. There really isn't anyway that they can block the parking across the street from the school, Brentwood would be a disaster. Mary Jo Ford, 22715 Arliss Drive, stated that her concerns are pretty much the same as everyone else. She questioned where,they are suppose to park. She indicated that she Page 7 of 8 ❑Contract Database ❑FAS' Input Date Keyed By • Y evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. 2009-179 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY,OF SAN BERNARDINO—EXHIBIT"C" THIS AGREEMENT ("Agreement") is made this day ofk-y 2009, between the City of Grand Terrace, a municipal corporation(hereinafter "Grand Terrace') and the City of San Bernardino, a municipal corporation (hereinafter "San Bernardino"). Grand Terrace and San Bernardino are herein referred to individually as a "Party" and collectively as the "Parties." WHEREAS, Grand Terrace desires to extend the animal housing agreement for a period of six months, and WHEREAS, San Bernardino has the knowledge, skills, resources, and experience that qualify it to provide those animal housing services for Grand Terrace; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS, AND CONDITIONS CONTAINED HEREIN, THE PARTIES MUTUALLY AGREE THAT: 1. Scope of Services. San Bernardino will impound, care for and dispose of animals delivered to the San Bernardino Animal Shelter by residents of, or official representatives of, Grand Terrace according to the provisions of this agreement. 2. Impounding and Disposal of Animals. San Bernardino shall, through its Animal Control Department, accept, impound and dispose of dogs, cats or other animals, which are delivered to the San Bernardino Animal Shelter by an agent, officer, employee or resident of Grand Terrace. San Bernardino shall, for and on behalf of Grand Terrace, pursuant to applicable laws, release to owner, adopt, humanely destroy, or otherwise dispose of all animals received. No domesticated animal shall be disposed of without an attempt to notify the owner, if the owner is known by San Bernardino. San Bernardino shall not provide for emergency veterinary care. Grand Terrace is responsible for transporting and seeking appropriate emergency treatment for ill and/or injured animals. 3. Holding Periods. No dog, cat, or other domesticated animal shall be disposed of before the time allotted for under state law. After the required holding period, the animal becomes the property of San Bernardino and San Bernardino is authorized to dispose of the animal in any manner permitted by law. Animals requested by Grand Terrace to be held longer than required by law, other than rabies quarantine, shall additionally be charged the prevailing Daily Board Fee, as set by City of San Bernardino Resolution (such instances shall include, but are not limited to: animals held as "evidence" in cruelty or other court cases). Rabies quarantined animals will be held for ten (10) days from the date of the bite with no additional charge to Grand Terrace. 4. Warranty of Lawful Apprehension. Grand Terrace warrants to San Bernardino that all animals impounded by its agents, employees or other authorized representatives have been apprehended and impounded pursuant to existing laws. 5. Consideration. a. Grand Terrace shall pay to San Bernardino $1,150 per month. San Bernardino shall present an invoice on or before the tenth day of each month for the amount due. 1 the parking across the street from the school, Brentwood would be a disaster. Mary Jo Ford, 22715 Arliss Drive, stated that her concerns are pretty much the same as everyone else. She questioned where,they are suppose to park. She indicated that she Page 7 of 8 ❑Contract Database ❑FAS' Input Date Keyed By • Y evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. 2009-179 • ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO—EXHIBIT "C" Grand Terrace shall pay said invoice not later than the last day of the month in which billed. b. Grand Terrace shall promptly review invoices and notify San Bernardino of any objection thereto; absent such objection in writing within ten (10) days of the date of the invoice, the invoice shall be deemed proper and acceptable. c. If Grand Terrace fails to pay San Bernardino within thirty(30) days after the invoice is submitted, Grand Terrace agrees that San Bernardino shall have the right, after written notice to Grand Terrace, to consider such default in payment a material breach of this entire agreement. Grand Terrace shall have ten (10) days following the date of such written notice within which to correct such breach. If Grand Terrace continues to fail to make payment,the duties, obligations and responsibilities of San Bernardino under this agreement are terminated. Such termination by San Bernardino does not release Grand Terrace from the obligation to pay San Bernardino for services rendered according to Section 5(a) above. d. Grand Terrace may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Grand Terrace must give written notice to San Bernardino within ten (10) days of the date of the disputed invoice if Grand Terrace is disputing any sum under sub-paragraph 5(a). Such withholdings shall not be deemed to constitute a failure to pay as that term is used in sub-paragraph 5(c). San Bernardino shall not discontinue its service for a period of thirty(30) days from the date of the withholdings, as a result of such withholding. San Bernardino shall have the right of appeal to the Mayor and City Council of Grand Terrace with respect to such disputed sums. The determination of the Mayor and City Council of Grand Terrace with respect to such matter shall be final. San Bernardino shall be entitled to receive interest on any withheld sums at the rate of seven percent (7%) simple per annum from the date of withholding of any amounts found to be improperly withheld. For any disputed sum, either party may attempt to collect a debt through a civil proceeding. 6. Deputization. San Bernardino animal control officers, agents or employees shall be authorized to collect Grand Terrace's license, apprehension, and related penalty fees at the Animal Shelter, as directed by Grand Terrace, for all animals received under this agreement. San Bernardino shall provide all animal impound records and release forms to Grand Terrace as requested. 7. Funds Collected by San Bernardino. Apprehension Fees, license deposits and penalties collected by San Bernardino for Grand Terrace in connection with this agreement shall be paid to Grand Terrace on or before the twentieth day of each month following collection. Fees for adoption,micro-chipping, daily board, vaccination, euthanasia and release shall be retained by San Bernardino. Rabies vaccination deposits shall be refunded to the depositor upon presentation of proof of vaccination. 2 ing across the street from the school, Brentwood would be a disaster. Mary Jo Ford, 22715 Arliss Drive, stated that her concerns are pretty much the same as everyone else. She questioned where,they are suppose to park. She indicated that she Page 7 of 8 ❑Contract Database ❑FAS' Input Date Keyed By • Y evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. 2009-179 • ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO—EXHIBIT "C" 8. Grand Terrace's Indemnification. Grand Terrace agrees and promises to indemnify, defend, and hold harmless San Bernardino, its officers, employees and agents, from and against any and all actions, causes of action, claims, demands, lawsuits, costs and expenses, and liability for damages to persons or property that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organizations arising out of, or in connection with, the performance of this Agreement, excluding such actions, claims, demands, lawsuits and liability for damages to persons or property arising from the negligence or willful misconduct of San Bernardino, its officers, employees or agents. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees. The costs, salary, and expenses of the San Bernardino City Attorney and members of his or her office in enforcing this Agreement on behalf of San Bernardino shall be considered as "attorney's fees" for the purposes of this paragraph. 9. San Bernardino's Indemnification. San Bernardino agrees and promises to indemnify, defend, and hold harmless Grand Terrace, its officers, employees and agents, from and against any and all actions, causes of action, claims, demands, lawsuits, costs and expenses, and liability for damages to persons or property that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organizations arising out of, or in connection with, the performance of this Agreement, excluding such actions, claims, demands, lawsuits and liability for damages to persons or property arising from the negligence or willful misconduct of Grand Terrace, its officers, employees or agents. 10. Warranty. San Bernardino makes no warranty, either express or implied, as to its findings, recommendations, plans, reports, professional advice or other work except that the work will be performed in accordance with generally accepted standards of practice in effect at the time of such performance. 11. Worker's Compensation Insurance. San;Bernardino is permissibly self-insured under the Worker's Compensation laws of the State of California and will provide worker's compensation coverage for its employees and will ensure that the employees of any of its subcontractors are covered by worker's compensation insurance in an amount and form to meet all applicable requirements of the laws of the State of California. Grand Terrace shall not provide worker's compensation insurance for any San Bernardino employee, agent or subcontractor operating under the terms of this Agreement under any circumstances whatsoever. Furthermore, notwithstanding any other provision set forth herein, Grand Terrace shall not indemnify, defend or hold harmless San Bernardino, its officers, employees, agents or subcontractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. • 2009-179 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO—EXHIBIT "C" 13. Anti-Discrimination. San Bernardino certifies and agrees that all persons employed by San Bernardino are and will be treated equally by San Bernardino without regard to or because of race, religion, ancestry, national origin, handicap, or sex and in compliance with State and Federal Anti-Discrimination laws. 14. Independent Contractor. San Bernardino shall be an independent contractor and not an employee, nor shall any of San Bernardino's employees, agents or subcontractors operating under this Agreement be an employee of Grand Terrace. 15. Conflict of Interest. (a) San Bernardino or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interest. (b) San Bernardino shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by Grand Terrace. 16. Term. The term of this Agreement shall be for six 6 months, commencing on July 1, 2009, and terminating on December 31, 2009. This agreement may be terminated by either party upon 30 days written notice. In the event of termination, San Bernardino shall be paid for the work performed under this agreement to the date of termination. 17. Invalidation. In the event any provision of this Agreement is held to be invalid and unenforceable,the remaining provisions of this Agreement shall remain valid and binding on the Parties thereto. 18. Notices. A notice required or desired to be given pursuant to this Agreement shall be given in writing and sent by certified mail,return receipt requested, addressed as follows: Grand Terrace San Bernardino Steve Berry Animal Control Manager City of Grand Terrace City of San Bernardino 22795 Barton Road 333 Chandler Place Grand Terrace, CA 92313 San Bernardino, CA 92408 (909) 430-2226 (909) 384-1304 Ext 1515 4 Compensation laws of the State of California and will provide worker's compensation coverage for its employees and will ensure that the employees of any of its subcontractors are covered by worker's compensation insurance in an amount and form to meet all applicable requirements of the laws of the State of California. Grand Terrace shall not provide worker's compensation insurance for any San Bernardino employee, agent or subcontractor operating under the terms of this Agreement under any circumstances whatsoever. Furthermore, notwithstanding any other provision set forth herein, Grand Terrace shall not indemnify, defend or hold harmless San Bernardino, its officers, employees, agents or subcontractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. • 2009-179 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO—EXHIBIT "C" • Any notice so given shall be considered served on the other Party three (3) days after the date of mailing. The address for the notice may be changed by giving written notice of such change pursuant to this paragraph. 19. Attorney Fees. In any litigation relating to this Agreement, the prevailing Party shall be entitled to reasonable attorney fees. The costs, salary and expenses of any in-house counsel and/or the City Attorney and members of his/her office shall be considered as "attorney fees" for the purpose of this paragraph. 20. Entire Agreement. This contract constitutes the entire Agreement between Grand Terrace and San Bernardino and may be modified only by further written agreement between the Parties through their respective authorized bodies. 21. Construction of Provisions and Titles. All titles or subtitles appearing in this Agreement have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions of such Agreement. \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ 5 Grand Terrace. 16. Term. The term of this Agreement shall be for six 6 months, commencing on July 1, 2009, and terminating on December 31, 2009. This agreement may be terminated by either party upon 30 days written notice. In the event of termination, San Bernardino shall be paid for the work performed under this agreement to the date of termination. 17. Invalidation. In the event any provision of this Agreement is held to be invalid and unenforceable,the remaining provisions of this Agreement shall remain valid and binding on the Parties thereto. 18. Notices. A notice required or desired to be given pursuant to this Agreement shall be given in writing and sent by certified mail,return receipt requested, addressed as follows: Grand Terrace San Bernardino Steve Berry Animal Control Manager City of Grand Terrace City of San Bernardino 22795 Barton Road 333 Chandler Place Grand Terrace, CA 92313 San Bernardino, CA 92408 (909) 430-2226 (909) 384-1304 Ext 1515 4 Compensation laws of the State of California and will provide worker's compensation coverage for its employees and will ensure that the employees of any of its subcontractors are covered by worker's compensation insurance in an amount and form to meet all applicable requirements of the laws of the State of California. Grand Terrace shall not provide worker's compensation insurance for any San Bernardino employee, agent or subcontractor operating under the terms of this Agreement under any circumstances whatsoever. Furthermore, notwithstanding any other provision set forth herein, Grand Terrace shall not indemnify, defend or hold harmless San Bernardino, its officers, employees, agents or subcontractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. • 2009-179 ® ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO—EXHIBIT "C" IN WITNESS WHEREOF, the Parties hereto have accepted, made and executed this Agreement upon the terms, conditions and provisions above stated, on the day and year set forth above. CITY OF GRAND TERRACE CITY OF AN BERNARDINO A Municipal Corporation A Mu ' al Corporate n By: By. Maryetta Ferre, Mayor Charles cNeely, Ci ger Attest: Attest: q;t-c..k.a. t • C—C—cuttA, City Clerk City Clerk Approved as to Form: Approved as to Form: City Attorney J s F. Penman, City Attorney 6 1 e Preliminary Draft Initial Recognized Obligation Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) APPROVED BY CITY C U CIL Date Item # 17 • CITY OF COLTON AND CITY OF GRAND TERRACE AGREEMENT ( ANIMAL CONTROL OFFICER 1. PARTIES AND DATE. This Agreement is made and entered into this 23rd day of September, 2003 by and between the City of Colton,a municipal organization organized under the laws of the State of California with its principal place of business at 650 North La Cadena Drive, Colton, California 92324("Colton") and City of Grand Terrace, a municipal organization organized under the laws of the State of California with its principal place of business at 22795 Barton Road, Grand Terrace, California 92313("Grand Terrace"). Grand Terrace and Colton are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Animal Control Officer. Colton desires to perform and assume responsibility for the provision of certain Animal Control Officer services required by Grand Terrace on the terms and conditions set forth in this Agreement. Colton represents that it is possesses the professional and technical personnel required to perform the services required by this Agreement. Grand Terrace shall not subcontract for any additional Animal Control Officer personnel without prior written approval of Colton. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Colton promises and agrees to furnish to Grand Terrace all labor,materials,tools,equipment,services,and incidental and customary work necessary to fully and adequately supply the animal control services provided for herein ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from November 1, 2003 to October 31, 2006, unless earlier terminated as provided herein ("Initial Term"). The Initial Term shall be automatically extended for additional one1(1)year periods("Renewal Terms")unless written notice of non-renewal by either Party to the other Party is provided at least ninety(90)days prior to the end of the Initial Term or any Renewal Terms. R V PUBN1GS\b55567 1 CONTRACT/ AGREEMENT NUMBER (4.10 1 fl(" ge for its employees and will ensure that the employees of any of its subcontractors are covered by worker's compensation insurance in an amount and form to meet all applicable requirements of the laws of the State of California. Grand Terrace shall not provide worker's compensation insurance for any San Bernardino employee, agent or subcontractor operating under the terms of this Agreement under any circumstances whatsoever. Furthermore, notwithstanding any other provision set forth herein, Grand Terrace shall not indemnify, defend or hold harmless San Bernardino, its officers, employees, agents or subcontractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. 3.2 Responsibilities of Parties. 3.2.1 Control and Payment of Subordinates;Independent Contractor. The Services shall be performed by Colton or under its supervision. Colton will determine the means,methods and details of performing the Services subject to the requirements of this Agreement. Grand Terrace retains Colton on an independent contractor basis and not as an employee. Colton retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Colton shall also not be employees of Grand Terrace and shall at all times be under Colton's exclusive direction and control. Colton shall pay all wages,salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Colton shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers'compensation insurance. 3.2.2 Schedule of Services. Colton shall perform the Services expeditiously and within the term of this Agreement. In order to facilitate Colton's expeditious performance of the Services, Grand Terrace shall respond to Colton's submittals in a timely manner. Upon request of Grand Terrace, Colton shall provide a detailed schedule of services. 3.2.3 Contracting for Animal Shelter Services. Grand Terrace shall be required to contract with the City of San Bernardino for animal shelter and impound services at Grand Terrace's sole cost and expense. Colton's responsibility for any animal shall cease once the animal is delivered to the City of San Bernardino's animal shelter. 3.2.4 Grand Terrace's Representative. Grand Terrace hereby designates Thomas Schwab, City Manager, or his designee, to act as its representative for the performance of this Agreement("Grand Terrace's Representative"). Grand Terrace's Representative shall have the power to act on behalf of Grand Terrace for all purposes under this Agreement. 3.2.5 Colton's Representative. Colton hereby designates Colton Chief of Police Ken Rulon, or his designee,to act as its representative for the performance of this Agreement("Colton's Representative"). Colton's Representative shall have full authority to represent and act on behalf of Colton for all purposes under this Agreement. Colton's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Colton agrees to work closely with Grand Terrace staff in the performance of Services and shall be available to Grand Terrace's staff,consultants and other staff at all reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. • P. Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed thirty-nine thousand five hundred dollars($39,500)per year,for each year of the term of this Agreement, for a grand total not to exceed one hundred eighteen thousand five hundred dollars($118,500)without written approval of the Grand Terrace City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Grand Terrace shall,on or before the 5th of each month,pay three thousand two hundred ninety one dollars and sixty-six cents($3,291.66)to the City of Colton for the Services. 3.3.3 Extra Work. At any time during the term of this Agreement, Grand Terrace may request that Colton perform Extra Work. As used herein, "Extra Work"means any work which is determined by Grand Terrace to be necessary for the proper completion of the Services,but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Colton shall not perform, nor be compensated for,Extra Work without written authorization from Grand Terrace's Representative. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. Colton may, by written notice to Grand Terrace, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Grand Terrace of such termination,and specifying the effective date thereof,at least ninety (90) days before the effective date of such termination. Upon termination, Colton shall be compensated only for those services which have been adequately rendered to Grand Terrace. Grand Terrace may not terminate this Agreement except for cause. 3.5.1.2 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Grand Terrace may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Colton: City of Colton 650 North La Cadena Drive Colton, CA 92324 ATTN: Ken Rulon, Chief of Police Grand Terrace: City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313 ATTN: Thomas Schwab, City Manager R V PU BW GS\655567 3 hods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Colton agrees to work closely with Grand Terrace staff in the performance of Services and shall be available to Grand Terrace's staff,consultants and other staff at all reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. Such notice shall be deemed made when personally delivered or when mailed,forty- -- eight(48)hours after deposit in the U.S. Mail,first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. • 3.5.4 Cooperation;Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary,appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reason- able attorney's fees and all other costs of such action. 3.5.6 Indemnification. Colton and Grand Terrace shall mutually indemnify,defend and hold each other and their officials,officers,employees,agents and contractors free and harmless from and against any and all losses, claims, damages, fees (including attorneys' fees and costs), injuries to persons or property(including wrongful death)to the extent arising out of or incident to each other's own negligent acts, omissions or willful misconduct arising out of or incident to this Agreement. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Colton shall not assign, hypothecate, or transfer, either directly or by operation of law,this Agreement or any interest herein without the prior written consent of Grand Terrace. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Colton include all personnel, employees, agents, and subcontractors of Colton, RVPUB\NGS1655567 4 reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. except as otherwise specified in this Agreement: All references to Grand Terrace include its elected officials,officers,employees,agents,and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.13 Amendment;Modification. No supplement,modification,or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.14 Invalidity;Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.15 Authority to Enter Agreement. Colton has all requisite power and authority to conduct its business and to execute, deliver, andperform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right,and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts,each of which shall constitute an original. ('— [SIGNATURES ON NEXT PAGE] R VPUB\NGS1655567 5 of or incident to each other's own negligent acts, omissions or willful misconduct arising out of or incident to this Agreement. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Colton shall not assign, hypothecate, or transfer, either directly or by operation of law,this Agreement or any interest herein without the prior written consent of Grand Terrace. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Colton include all personnel, employees, agents, and subcontractors of Colton, RVPUB\NGS1655567 4 reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. • CITY OF COLTON CITY OF GRAND TERRACE Ja By: By. Daryl Parrish Thomas Schwab City Manager City Manager Attest: Attest: Carolina P. Barrera Brenda Stanfill City Clerk City Clerk Approved as to Form: Cam' Best est &Kri er City Attorney City A orney Grand Terrace R V PUHINGS\655567 6 A Mu ' al Corporate n By: By. Maryetta Ferre, Mayor Charles cNeely, Ci ger Attest: Attest: q;t-c..k.a. t • C—C—cuttA, City Clerk City Clerk Approved as to Form: Approved as to Form: City Attorney J s F. Penman, City Attorney 6 1 e Preliminary Draft Initial Recognized Obligation Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) ti. . • EXHIBIT"A" SCOPE OF SERVICES Under the terms of this Agreement,Colton shall provide to Grand Terrace 24-hour access to Animal Control services, as follows: Colton shall provide field services by an on-duty Animal Control Officer seven (7) days a week, excluding holidays, during the hours of 7:00 a.m. to 5:00 p.m. Calls for animal control services considered to be routine and to be handled within a 24-hour time frame include: Confined strays Dead animals Stray dogs running at-large Humane investigations Low risk bite case quarantine Rabies quarantine release Trapped cats Wildlife in human dwellings (not including rodents or insects) Miscellaneous calls such as pet shop investigations, sanitation complaints, license checks, for-fee pick-ups, courtesy pick-ups, nuisance animal complaints, etc. From 5:00 p.m. to 7:00 a.m. and on holidays, Colton will provide on-call response to emergency g Y calls for animal control services. Such emergency on-call services shall include responding to calls regarding injured stray animals, sick stray animals, Agency assists, stray vicious dogs, loose livestock if a threat to public safety and wildlife threatening public safety. Grand Terrace will be required to contract with the City of,San Bernardino for animal shelter services at Grand Terrace's sole cost and expense. In the conduct of the Services for this Agreement, Colton will perform the following specific functions: (1) Enforce all provisions of the Grand Terrace Municipal Code pertaining to animals,including issuing warning notices or citations as necessary. Colton will provide to Grand Terrace copies of warning notices and citations issued. Grand Terrace will be responsible for processing all issued citations, including filing citations with the San Bernardino County Superior Court. Grand Terrace will retain all citation revenues. Colton's Animal Control personnel will appear in court, as necessary,on animal related cases when requested to do so by Grand Terrace and at the expense of Grand Terrace. (2) Remove dead animals from the public right-of-way, except interstate freeways. RVPUB NGS1655567 A=1 Terrace. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Colton include all personnel, employees, agents, and subcontractors of Colton, RVPUB\NGS1655567 4 reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. (3) Respond to requests for assistance in the trapping and removal of domestic animals from public or private property during normal operating hours. Colton will offer advice in setting a trap in any enclosed space and will remove wild animals(not including rodents or insects) caught in a trap or found inside any human dwelling. Animal Control personnel shall not be required to move belongings or maintain on-premise surveillance unless, in the opinion of the Colton Chief of Police or his designee, there is a direct clear and present danger to human life. Colton will only provide dog or cat traps,but not other animal traps. Colton will not provide rodent control or insect control. (4) Investigate reported animal bites and quarantine, as prescribed by law, all biting animals and animals suspected to be rabid. Colton shall take appropriate steps consistent with the circumstances of each separate incident to locate and impound the suspect animal or animals and/or assist the complainant and/or injured party or parties to trap the suspected animals or animals. (5) Assist Grand Terrace with its dog licensing and rabies clinics and perform canvassing and compliance checks for current dog licenses,as per a program mutually agreed upon with the City Manager or his designee. Grand Terrace will be responsible for collecting all license fees and sending out notices for license renewals. (6) Provide a monthly written report to Grand Terrace generally describing the Services provided during the preceding month. RVPUBINGS1655567 A-2 als,including issuing warning notices or citations as necessary. Colton will provide to Grand Terrace copies of warning notices and citations issued. Grand Terrace will be responsible for processing all issued citations, including filing citations with the San Bernardino County Superior Court. Grand Terrace will retain all citation revenues. Colton's Animal Control personnel will appear in court, as necessary,on animal related cases when requested to do so by Grand Terrace and at the expense of Grand Terrace. (2) Remove dead animals from the public right-of-way, except interstate freeways. RVPUB NGS1655567 A=1 Terrace. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Colton include all personnel, employees, agents, and subcontractors of Colton, RVPUB\NGS1655567 4 reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. ' r EXHIBIT "B" COMPENSATION Annual compensation for this Agreement shall equal$39,500 unless agreed upon in writing by both Parties, payable in monthly installments. Colton shall track all out-of-pocket expenses (e.g., vehicle costs,apprehension supplies,court costs, etc.) necessary to perform the Services, including appearances at the San Bernardino County Superior Court for animal related cases. Colton reserves the right to request an increase in compensation or the addition of authorized reimbursements if such expenses exceed the amounts estimated for purposes of establishing the annual compensation for this Agreement. R V PUB\NGS1655567 B-1 City Attorney J s F. Penman, City Attorney 6 1 e Preliminary Draft Initial Recognized Obligation Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) f' The Blue Vauulaiu Cilr Grand FORN TerraceIA AGENDA REPORT CALI MEETING DATE: August 25, 2009 Council Item(X) CRA Item ( ) TITLE: Street Maintenance PRESENTED BY: Richard Shields, Director of Building and Safety/Public Works RECOMMENDATION: APPROVE ROQUET PAVING INC. AS THE STREET MAINTENANCE CONTRACTOR TO MAKE REPAIRS TO CITY STREETS UNTIL STAFF INTRODUCES A NEW CONTRACT FOR CITY COUNCIL APPROVAL BACKGROUND: In review of the current street maintenance contact, it was noticed that the contract expired. Staff will be updating the street maintenance bid package and will be going out to bid sometime in October or sooner. Requests for road and sidewalk repairs have been put off until the City entered into the new fiscal year securing the necessary funds to pay for the repairs. With the new budget established, staff would like to move forward with the repairs that include sidewalk replacement and pot hole patches throughout the City. In the interim, staff would like to use Roquet Paving our current street maintenance contractor to make the necessary repairs. The costs of those repairs will be based on the current maintenance contract. DISCUSSION: Staff recommends that the City Council approve Roquet Paving Inc., as the contractor to make necessary road repairs in the interim as directed by City Staff until such time a new maintenance contract is established. FISCAL IMPACT: The 2009-2010 road maintenance fund has been approved by City Council. The estimated funds to pay for the repairs ($4,500) will be taken from the road maintenance fund account number 16- 900-257,that currently has $90,000. COUNCIL AGENDA ITEM NO. OE responsible for processing all issued citations, including filing citations with the San Bernardino County Superior Court. Grand Terrace will retain all citation revenues. Colton's Animal Control personnel will appear in court, as necessary,on animal related cases when requested to do so by Grand Terrace and at the expense of Grand Terrace. (2) Remove dead animals from the public right-of-way, except interstate freeways. RVPUB NGS1655567 A=1 Terrace. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Colton include all personnel, employees, agents, and subcontractors of Colton, RVPUB\NGS1655567 4 reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. CC-2009-110 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 4-0-1-0 (COUNCILMEMBER CORTES WAS ABSENT), to approve the following Consent Calendar Items with the Removal of Item°3D. 3E. Street Maintenance Contractor(Roquet Paving) court costs, etc.) necessary to perform the Services, including appearances at the San Bernardino County Superior Court for animal related cases. Colton reserves the right to request an increase in compensation or the addition of authorized reimbursements if such expenses exceed the amounts estimated for purposes of establishing the annual compensation for this Agreement. R V PUB\NGS1655567 B-1 City Attorney J s F. Penman, City Attorney 6 1 e Preliminary Draft Initial Recognized Obligation Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) Respectfully submitted, Richard Shields Director of Building and Safety/Public Works Manager Approval: Bernie Simon Acting City Manager ATTACHMENTS: None Removal of Item°3D. 3E. Street Maintenance Contractor(Roquet Paving) court costs, etc.) necessary to perform the Services, including appearances at the San Bernardino County Superior Court for animal related cases. Colton reserves the right to request an increase in compensation or the addition of authorized reimbursements if such expenses exceed the amounts estimated for purposes of establishing the annual compensation for this Agreement. R V PUB\NGS1655567 B-1 City Attorney J s F. Penman, City Attorney 6 1 e Preliminary Draft Initial Recognized Obligation Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) the Blue Mountain CiI) /I l Grand Terrace AGENDA REPORT CALIFORNIA MEETING DATE: August 25, 2009 Council Item (X) CRA Item ( ) TITLE: Measure I Audit—FY 2007-08 PRESENTED BY: Bernie Simon, Finance Director and Acting City Manager RECOMMENDATION: Approve Measure I Audit Report BACKGROUND: San Bernardino Associated Governments (SANBAG) is the agency that distributes and monitors the use of the San Bernardino County voter approved add on, one-half cent, sales tax for transportation purposes. SANBAG contracts with Miers and Miers CPAs of Barstow, California to audit the recipient agencies. DISCUSSION: Miers and Miers conducted an audit limited to the revenue and expenditure of Measure I funds for the fiscal year ended June 30, 2008. The report also compares the current audited report to the previous years' report. In addition, expenditures are reviewed against the SANBAG approved 3 Year Plan Project Budget. The audit reports a Measure I Fund Balance Reserve of $97,507 at June 30, 2008. This was a decrease of$200,325 compared to the previous year. FY 2007-08 reported revenue of$192,773 and expenditures of$393,098 in the Measure I fund. The auditors noted one compliance issue finding that categorical expenditures exceeded the one half of annual Measure I revenue limit for local projects. Per discussion with SANBAG this is a policy issue. This particular compliance finding can be avoided if specific street or areas can be identified in the 3 year plan which then corresponds to the actual work done by the city or contractor rather than a category such as "citywide" or "all street slurry". Staff will work at better identification of expenditures as they relate to the 3 Year Plan Project Budget. FISCAL IMPACT: None by this report COUNCIL AGENDA ITEM NO. 3F unty Superior Court. Grand Terrace will retain all citation revenues. Colton's Animal Control personnel will appear in court, as necessary,on animal related cases when requested to do so by Grand Terrace and at the expense of Grand Terrace. (2) Remove dead animals from the public right-of-way, except interstate freeways. RVPUB NGS1655567 A=1 Terrace. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Colton include all personnel, employees, agents, and subcontractors of Colton, RVPUB\NGS1655567 4 reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. CC-2009-110 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 4-0-1-0 (COUNCILMEMBER CORTES WAS ABSENT), to approve the following Consent Calendar Items with the Removal of Item 3D. 3F. Measure I Audit-FY 2007-08 ontractor(Roquet Paving) court costs, etc.) necessary to perform the Services, including appearances at the San Bernardino County Superior Court for animal related cases. Colton reserves the right to request an increase in compensation or the addition of authorized reimbursements if such expenses exceed the amounts estimated for purposes of establishing the annual compensation for this Agreement. R V PUB\NGS1655567 B-1 City Attorney J s F. Penman, City Attorney 6 1 e Preliminary Draft Initial Recognized Obligation Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) Respectfully submitted, Bernie Simon Finance Director and Acting City Manager Manager Approval: Bernie Simon Acting City Manager ATTACHMENTS: Measure I Audit June 30, 2008 Item 3D. 3F. Measure I Audit-FY 2007-08 ontractor(Roquet Paving) court costs, etc.) necessary to perform the Services, including appearances at the San Bernardino County Superior Court for animal related cases. Colton reserves the right to request an increase in compensation or the addition of authorized reimbursements if such expenses exceed the amounts estimated for purposes of establishing the annual compensation for this Agreement. R V PUB\NGS1655567 B-1 City Attorney J s F. Penman, City Attorney 6 1 e Preliminary Draft Initial Recognized Obligation Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) Governllnents SAN BAG San Bernardino Associated GovernmentsAZ.v o N r 1170 W 3rd Street, 2nd Floor San Bernardino, CA 92410-1715 fTF ANBPO,RTATION or in Together, Phone: (909) 884-8276 Fax. (909) 885-4407 Web www.sanbag ca goy / 1,40434FiET ,.; ■ San Bernardino County Transportation Commission u San Bernardino County Transportation Authority San Bernardino County Congestion Management Agency ® Service Authority for Freeway Emergencies July 31, 2009 Mr. Bernie Simon City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313 Dear Mr.Simon: Enclosed is your copy of the Measure I Transportation Sales Tax Fund Audit for the year ending June 30, 2008, prepared by Miers & Miers, Certified Public Accountants for San Bernardino Associated Governments(SANBAG). The audit indicates non-compliance with Measure I requirements as follows: Current Year: The City is not in compliance with Measure I Policies. It has exceeded the categorical project expenditure limitation of one-half of annual Measure I revenue for local projects., Prior Year: None found. If you have any questions regarding the findings in this audit, please feel free to call me directly. Your cooperation in working with San Bernardino Associated Governments and Miers & Miers is greatly appreciated. Sincerely, Ellen M. Pollema Transportation Planning Specialist Enclosure cc: Honorable Maryetta Ferre Mr. Richard Shields SB090731-emp.doc Cities of:Adelanto, Barstow, Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Hesperia, Highland, Loma Linda, Montclair, Needles; Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Twentynine Palms, Upland, Victorville,Yucaipa Towns of:Apple Valley, Yucca Valley County of San Bernardino COUNCIL AGENDA ITEM NO. 3F unty Superior Court. Grand Terrace will retain all citation revenues. Colton's Animal Control personnel will appear in court, as necessary,on animal related cases when requested to do so by Grand Terrace and at the expense of Grand Terrace. (2) Remove dead animals from the public right-of-way, except interstate freeways. RVPUB NGS1655567 A=1 Terrace. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Colton include all personnel, employees, agents, and subcontractors of Colton, RVPUB\NGS1655567 4 reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. L. MIEFRSMIERS CERTIFIED PUBLIC AGC;OUNTANTS Richard H. Miers, C.P.A. Jeffrey D. Miers, C.P.A. Donna J. Wells, C.P.A. Laurel A. Jordan, C.P.A. MEMO TO: Bernie Simon, Finance Director City of Grand Terrace FROM: Jeffrey D. Miers DATE: March 4, 2009 SUBJECT: Draft Annual Compliance Reports, Fiscal Year Ended June 30, 2008 Enclosed for your review and comments are two draft copies of the following report: • Measure I Transportation Sales Tax Fund Please distribute one copy of the draft to the appropriate individual in the engineering or public works department and one copy to the appropriate individual in finance. A draft copy of this report is also being mailed to San Bernardino Associated Governments for their review. Acceptance of the draft report means that you understand and concur with the findings and any necessary proposed adjusting journal entries we have recommended to support those findings, that any concerns have been resolved, and that you will post the entries that are required for fiscal year ended June 30, 2008. We have enclosed the proposed adjusting journal entries. If either you or your engineering/public works department personnel would like to discuss the audit, the findings (if any), or the journal entries (if any) contained herein, please feel free to call our office to schedule a teleconference or meeting. In addition, we have enclosed your client representation letter. Please transfer this letter to your letterhead, sign and date the letter and return it to our office in the envelope provided as soon as possible. If you would like to avoid having to copy or type this letter onto your letterhead, an electronic version is available upon request and can be e-mailed. In order to complete the audit,we will require your signed client representation letter. Receipt in our office of the signed letter, and authorization from SANBAG, will serve as your explicit agreement with the report and the adjusting journal entries, if any, and we will issue the final reports. We would like to complete the audit no later than March 18, 2009. Thank you. J DM:njh Enclosures 135 Cal Ave. www.mierscpa.com 14350 Civic Drive, Suite 180 Barstow, CA 92311 Victorville, CA 92392 (760) 256-8612 • fax (760)256-2713 (760) 245-5341 • fax(760)241-2992 ttempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Colton include all personnel, employees, agents, and subcontractors of Colton, RVPUB\NGS1655567 4 reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. MEASURE I TRANSPORTATION SALES TAX FUND CITY OF GRAND TERRACE OTHER INFORMATION PRESENTED AT THE REQUEST OF THE CLIENT JUNE 30, 2008 MAKKIAL INFORMATION The financial information is intended to reflect the financial position and results of operation in compliance with the regulations of the Measure l'Transportation Sales Tax Fund only. in addition to the Measure I Transportation Sales Tax Fund program, the City may participate in a number of federally assisted grant programs. These programs are subject to a single audit in accordance with OMB Circular A-133. The single audit will identify compliance exceptions rolatod only to those grants. Such compliance exceptions, if any, are not expected to impact the Measure I Transportation Sales Tax Fund . CASH AND INVESTMENTS Cash Is pooled to maximize investment opportunities and yields. Investment income resulting from this pooling is allocated to the respective funds based upon the relationship of its balance to the balance of all other funds. MEASURE I TRANSPORTATION SALES TAX FUND COMPLIANCE REQUIREMENTS The Measure I Transportation Sales Tax Fund ;of the City of Grand Terrace is subject to the provisions pursuant to Measure I Policies prepared by San Bernardino County Transportation _ - Authority/San Bernardino Associated Governments. FINANCIAL AUDIT Annually, the entity has an audit of its financial statements performed by an independent accounting firm. Page 7 of 7 closed your client representation letter. Please transfer this letter to your letterhead, sign and date the letter and return it to our office in the envelope provided as soon as possible. If you would like to avoid having to copy or type this letter onto your letterhead, an electronic version is available upon request and can be e-mailed. In order to complete the audit,we will require your signed client representation letter. Receipt in our office of the signed letter, and authorization from SANBAG, will serve as your explicit agreement with the report and the adjusting journal entries, if any, and we will issue the final reports. We would like to complete the audit no later than March 18, 2009. Thank you. J DM:njh Enclosures 135 Cal Ave. www.mierscpa.com 14350 Civic Drive, Suite 180 Barstow, CA 92311 Victorville, CA 92392 (760) 256-8612 • fax (760)256-2713 (760) 245-5341 • fax(760)241-2992 ttempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Colton include all personnel, employees, agents, and subcontractors of Colton, RVPUB\NGS1655567 4 reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. MEASURE I TRANSPORTATION SALES TAX FUND CITY OF GRAND TERRACE OTHER INFORMATION PRESENTED AT THE REQUEST OF THE CLIENT JUNE 30, 2008 w c,J 4MARY OF SIGNIFICANT ACCOUNTING POLICIES rho accounting policies of the Measure I Transportation Sales Tax Fund of the City of Grand 'I`earraco conform to accounting principles generally accepted in the United States of America. The following is a summary of the more significant policies. A, &parting Entity The Measure I Transportation Sales Tax Fund is a component unit of the City of Grand Terrace, California. [a, Fund Accounting The accounts of the City are organized on the basis of funds with each fund considered a separate accounting entity. The operations of each fund are accounted for by providing a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenue and expenditures or expenses, as appropriate. The Measure I Transportation Sales Tax Fund is included as a fund within the City accounting system. C, pasis of Accounting The Measure I Transportation Sales Tax Fund is accounted for in special revenue funds using the modified accrual basis of accounting whereby revenue is recognized when it becomes both measurable and available to finance expenditures of the current period and expenditures are generally recognized when the related fund liabilities are incurred. U. Budgets and Budgetary Accounting The budgeted amounts presented are for comparison to actual amounts to assist the regulatory agency in assessing compliance. E. Comparative Data Comparative data for the prior year are presented in order to provide an understanding of changes in the fund's available balance. Page 6 of 7 e-mailed. In order to complete the audit,we will require your signed client representation letter. Receipt in our office of the signed letter, and authorization from SANBAG, will serve as your explicit agreement with the report and the adjusting journal entries, if any, and we will issue the final reports. We would like to complete the audit no later than March 18, 2009. Thank you. J DM:njh Enclosures 135 Cal Ave. www.mierscpa.com 14350 Civic Drive, Suite 180 Barstow, CA 92311 Victorville, CA 92392 (760) 256-8612 • fax (760)256-2713 (760) 245-5341 • fax(760)241-2992 ttempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Colton include all personnel, employees, agents, and subcontractors of Colton, RVPUB\NGS1655567 4 reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. MEASURE I TRANSPORTATION SALES TAX FUND CITY OF GRAND TERRACE OTHER INFORMATION PRESENTED AT THE REQUEST OF THE CLIENT LOCAL FOR THE FISCAL YEARS ENDING JUNE 30, 2008 AND 2007 ASSETS 2008 2007 CURRENT ASSETS Cash and cash equivalents $ 83,998 $ 284,220 Duo from other funds/agencies 13,509 13,612 TOTAL CURRENT ASSETS $ 97,507 $ 297R32 LIABILITIES AND FUND BALANCE 2008 2007 CURRENT LIABILITIESFUND BALANCE Unreserved-designated 97,507 297,832 TOTAL LIABILITIES AND FUND BALANCE S 97,507 S 297,832 2008 VARIANCE FAVORABLE 2007 BUDGET ACTUAL (UNFAVORABLE) ACTUAL REVENUE Intergovernmental allocations Measure I Transportation Sales Tax Fund $ 210,000 $ 185,607 $ (24,393) $ 195,215 Miscellaneous Interest 6,000 7,166 1,166 11,399 TOTAL REVENUE 216,000 192,773 (23,227) 206,614 EXPENDITURES Construction,maintenance and engineering 510,299 393,098 117,201 88,623 EXCESS OF REVENUE OVER(UNDER) EXPENDITURES (294,299) (200,325) 93,974 117,991 FUND BALANCE AT BEGINNING OF YEAR 297,832 297,832 - 179,841 FUND BALANCE AT END OF YEAR $ 3,533 $ 97,507 $ 93,974 $ 297,832 Page 5 of 7 are for comparison to actual amounts to assist the regulatory agency in assessing compliance. E. Comparative Data Comparative data for the prior year are presented in order to provide an understanding of changes in the fund's available balance. Page 6 of 7 e-mailed. In order to complete the audit,we will require your signed client representation letter. Receipt in our office of the signed letter, and authorization from SANBAG, will serve as your explicit agreement with the report and the adjusting journal entries, if any, and we will issue the final reports. We would like to complete the audit no later than March 18, 2009. Thank you. J DM:njh Enclosures 135 Cal Ave. www.mierscpa.com 14350 Civic Drive, Suite 180 Barstow, CA 92311 Victorville, CA 92392 (760) 256-8612 • fax (760)256-2713 (760) 245-5341 • fax(760)241-2992 ttempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Colton include all personnel, employees, agents, and subcontractors of Colton, RVPUB\NGS1655567 4 reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. MEASURE I TRANSPORTATION SALES TAX FUND CITY OF GRAND TERRACE OTHER INFORMATION PRESENTED AT THE REQUEST OF THE CLIENT JUNE 30, 2008 PROGRAM STATUS The Measure I Three Year Capital Improvement Plan for local-streets was adopted by Council Resolution No. 2007-19. Of the funds allocated under the Measure I Three Year Capital Improvement Plan, the following programs were'affected during the current fiscal year: 3-Year Plan Current Project Fiscal Year Unexpended Budget Expenditures Budget Local projects: Vivienda Ct.from Vivienda Ave.to end, Vivienda Ave.from Barton to Carhart, Mirado Ave.from DeBerry to end, DeSoto from Mirado to Mt.Vernon, Reed from Main to Fremontia, Fremontia from Reed to Main, Ladera from Fremontia to end, Napa Ct.from Fremontia to end, Oriole from Main to Pico, Palm from Barton to Honeyhill, Palm Ct.from Palm to end, Kingston from Eaton to Miriam Way, slurry program $ 74,371 $ 57,337* $ 17,034 All slurry streets,crack sealing 50,000 22,877* 27,123 City-wide striping program 60,000 53,134* 6,866 Barton Rd. slurry program, 1-215 to the east, slurry seal 140,000 229,346 (89,346) Mt.Vernon/DeBerry to Main, pavement rehabilitation Prior year 30,404 (30,404) *Expenditures exceeded the categorical project expenditure limitation of one-half of annual Measure I revenue. Allocations from inception through the current year: Total Allocations And Interest Earned From Expenditures Allocations Interest Inception and Transfers Unexpended From Earned From Other And Other From Funds Inception Inception Revenue Revenue Inception To Date Local $ 2457,105 $ 259,607 $ --- $ 2.716,712 $ 2,619,205 $ 97,507 { Page 4 of 7 SANBAG, will serve as your explicit agreement with the report and the adjusting journal entries, if any, and we will issue the final reports. We would like to complete the audit no later than March 18, 2009. Thank you. J DM:njh Enclosures 135 Cal Ave. www.mierscpa.com 14350 Civic Drive, Suite 180 Barstow, CA 92311 Victorville, CA 92392 (760) 256-8612 • fax (760)256-2713 (760) 245-5341 • fax(760)241-2992 ttempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Colton include all personnel, employees, agents, and subcontractors of Colton, RVPUB\NGS1655567 4 reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. OTHER INFORMATION PRESENTED AT THE REQUEST OF THE CLIENT Page 3 of 7 Approval: Bernie Simon Acting City Manager ATTACHMENTS: Measure I Audit June 30, 2008 Item 3D. 3F. Measure I Audit-FY 2007-08 ontractor(Roquet Paving) court costs, etc.) necessary to perform the Services, including appearances at the San Bernardino County Superior Court for animal related cases. Colton reserves the right to request an increase in compensation or the addition of authorized reimbursements if such expenses exceed the amounts estimated for purposes of establishing the annual compensation for this Agreement. R V PUB\NGS1655567 B-1 City Attorney J s F. Penman, City Attorney 6 1 e Preliminary Draft Initial Recognized Obligation Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) In our opinion, except for the noncompliance described above, the Measure I Transportation Sales Tax Fund of the City of Grand Terrace, California, complied, in all material respects, with the aforementioned requirements for the fiscal year ended June 30, 2008. This report is intended solely for the information and use of San Bernardino Associated Governments for determining regulatory compliance and is not intended to be and should not be used by anyone other than that specified party. ' July 15, 2009 fr Page 2 of 7 xpenses exceed the amounts estimated for purposes of establishing the annual compensation for this Agreement. R V PUB\NGS1655567 B-1 City Attorney J s F. Penman, City Attorney 6 1 e Preliminary Draft Initial Recognized Obligation Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) , • MI E RS�.&MIERS (;I':I(I'I).1:I> F'lJBLIG ACCOUNTANTS Richard H. Miers, C.P.A. Jeffrey D. Miers, C.P.A. Donna J. Wells, C.P.A. Laurel A. Jordan, C.P.A. INDEPENDENT ACCOUNTANTS' REPORT San Bernardino Associated Governments San Bernardino, California We have examined the Measure I Transportation Sales Tax Fund of the City of Grand Terrace, California's compliance with the Measure I Policies and Procedures during the fiscal year ended June 30, 2008. Management is responsible for the Measure I Transportation Sales Tax Fund's compliance with those requirements. Our responsibility is to express an opinion on the Measure I Transportation Sales Tax Fund's compliance based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about the Measure I Transportation Sales Tax Fund's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the Measure I Transportation Sales Tax Fund's compliance with specified requirements. Other information has been presented at the request of the client to assist the regulatory agency in its understanding and evaluation of the claimant's compliance. Our examination disclosed the following noncompliance with Measure I Policies and Procedures applicable to the Measure I Transportation Sales Tax Fund of the City of Grand Terrace, California, during the fiscal years ended June 30, 2008, and 2007: Current Year: The City is not in compliance with Measure I Policies. It has exceeded the categorical project expenditure limitation of one-half of annual Measure I revenue for local projects. Prior Year: • None found. 136 Cal Ave. www.mierscpa.com 14350 Civic Drive, Suite 180 Barstow, CA 92311 Page 1 of 7 Victorville, CA 92392 (760) 256-8612 • fax(760)256-2713 (760)245-5341 • fax(760) 241-2992 ierscpa.com 14350 Civic Drive, Suite 180 Barstow, CA 92311 Victorville, CA 92392 (760) 256-8612 • fax (760)256-2713 (760) 245-5341 • fax(760)241-2992 ttempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Colton include all personnel, employees, agents, and subcontractors of Colton, RVPUB\NGS1655567 4 reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. MEASURE I TRANSPORTATION SALES TAX FUND CITY OF GRAND TERRACE ANNUAL COMPLIANCE REPORT JUNE 30, 2008 TABLE OF CONTENTS Page Independent Accountant's Report 1 Other Information Presented at the Request of the Client 3 information and use of San Bernardino Associated Governments for determining regulatory compliance and is not intended to be and should not be used by anyone other than that specified party. ' July 15, 2009 fr Page 2 of 7 xpenses exceed the amounts estimated for purposes of establishing the annual compensation for this Agreement. R V PUB\NGS1655567 B-1 City Attorney J s F. Penman, City Attorney 6 1 e Preliminary Draft Initial Recognized Obligation Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) CITY OF GRAND TERRACE, CALIFORNIA ANNUAL COMPLIANCE REPORT OF THE MEASURE I TRANSPORTATION SALES TAX FUND FOR THE FISCAL YEARS ENDED JUNE 30, 2008 AND 2007 ependent Accountant's Report 1 Other Information Presented at the Request of the Client 3 information and use of San Bernardino Associated Governments for determining regulatory compliance and is not intended to be and should not be used by anyone other than that specified party. ' July 15, 2009 fr Page 2 of 7 xpenses exceed the amounts estimated for purposes of establishing the annual compensation for this Agreement. R V PUB\NGS1655567 B-1 City Attorney J s F. Penman, City Attorney 6 1 e Preliminary Draft Initial Recognized Obligation Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) r CITY OF GRAND TERRACE, CALIFORNIA ANNUAL COMPLIANCE REPORT OF THE MEASURE I TRANSPORTATION SALES TAX FUND FOR THE FISCAL YEARS ENDED JUNE 30, 2008 AND 2007 A00/N •••=1 MIERS§ MIERS CERTIFIED PUBLIC ACCOUNTANTS information and use of San Bernardino Associated Governments for determining regulatory compliance and is not intended to be and should not be used by anyone other than that specified party. ' July 15, 2009 fr Page 2 of 7 xpenses exceed the amounts estimated for purposes of establishing the annual compensation for this Agreement. R V PUB\NGS1655567 B-1 City Attorney J s F. Penman, City Attorney 6 1 e Preliminary Draft Initial Recognized Obligation Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) , I6e bloc Monulao City - . I r/ FN Grand TeraceCALIFORNIA AGENDA REPORT MEETING DATE: August 25, 2009 Council Item (X) CRA Item ( ) TITLE: Redflex Financial Update PRESENTED BY: Bernie Simon, Finance Director and Acting City Manager RECOMMENDATION: Approve Payment to Redflex Traffic Systems and Appropriate $25,000 from Available Fund Balance from the.Traffic Safety Fund BACKGROUND: The City signed an exclusive agreement with Redflex Traffic Systems, Inc for red light traffic enforcement. Redflex installed four cameras in 2007 at two intersections in Grand Terrace: 1) Northbound Michigan at Barton Road, 2) Barton Road at Michigan, 3) Southbound Mt. Vernon at Barton Road, 4)Northbound Mt. Vernon at Barton Road. Red light violations are vehicle code violations of sections 21453, 21454 and 21457. Citations are reviewed and processed by the Sheriff's Department. Citations are reviewed for quality control and then mailed to the violator. The violator is given a certain number of days to pay, contest or go to court. The violator may go to Central Station to review the video. The violator may also review the video online through the San Bernardino County Court website at http://www.sbcounty.gov/courts or directly through the photo notice website at https://www.photonotice.com. The City will provide a link to the website in the future for citizens' convenience. Red light fines and fees are distributed between the court, state, county and the city. The distribution is generally dictated by PC 1463.001,1464 and GC 76000. The city receives approximately 30% of the red light violation section of the fine and 70% of the traffic violation of the fine. The net to the city is roughly only 35% of the amount the violator pays for the ticket. Redflex invoices $6,000 per intersection and current unpaid charges through May 2009 are $234,450. Court collections for red light fines through May 2009 are $141,520. The Redflex contract states that the city does not owe more than what is collected. COUNCIL AGENDA ITEM NO. EA ierscpa.com 14350 Civic Drive, Suite 180 Barstow, CA 92311 Victorville, CA 92392 (760) 256-8612 • fax (760)256-2713 (760) 245-5341 • fax(760)241-2992 ttempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Colton include all personnel, employees, agents, and subcontractors of Colton, RVPUB\NGS1655567 4 reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. CC-2009-113 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY MAYOR FERRE, CARRIED 3-1-1-0 (COUNCILMEMBER MILLER VOTED NO AND COUNCILMEMBER CORTES WAS ABSENT), to approve a payment in the amount of$87,400.53 to Redflex Traffic Systems that is being held in the trust fund. CC-2009-114 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 4-0-1-0 (COUNCILMEMBER CORTES WAS ABSENT), to direct the Acting City Manager/Finance Director to prepare a report outlining the expenditures of the $30,000.00, how the $25,000.00 in the Traffic Safety Fund will be used, a work out plan with Redflex Traffic Systems and an analysis of the Red Light Vehicle Tickets and to bring it to Council at the September 8, 2009 City Council Meeting. .OV11'r 7"a J;'?H13O:a Jr; f'JO) Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) DISCUSSION: No funds have been submitted to Redflex due to reporting and accounting issues dealing with information from the courts. Staff is now comfortable with the accounting that was done by Redflex along with discussions with County Courts and the Sherriff's Department. Staff has been setting..aside funds to pay for the red light tickets once an accounting was done and verified. Moving violations were posted as revenue to the Traffic Safety Fund. However, through this process, Finance was not putting the correct amount in trust due to the misunderstanding of how fines were identified and labeled from remittances by County Courts. Specifically, only $87,400.53 was set aside for Red light fines compared to the $141,520 that is due to Redflex. This leaves a deficit of $54,120 owing. Unfortunately, there is only about $25,000 available in the Traffic Safety Fund. Therefore, staff would recommend the payment in the amount of $87,400 currently in a trust fund and $25,000 from the available Traffic Safety Fund for our liability through May 2009. Staff will then discuss with Redflex on how to make up the deficit from future vehicle fine revenues received from the court system. FISCAL.IMPACT: $25,000 decrease in available Traffic Safety Fund Balance.Reserve. This will deplete the fund temporarily. Respectfully submitted, Bernie Simon Finance Director and Acting City Manager Manager Approval: Bernie Simon Acting City Manager ATTACHMENTS: 1) Redflex summary invoices through 5/2009 2) Sample Citation distribution 3) PC 146311 Red Light violation distribution manual page C-10 4) Redflex Traffic Systems Contract; eives approximately 30% of the red light violation section of the fine and 70% of the traffic violation of the fine. The net to the city is roughly only 35% of the amount the violator pays for the ticket. Redflex invoices $6,000 per intersection and current unpaid charges through May 2009 are $234,450. Court collections for red light fines through May 2009 are $141,520. The Redflex contract states that the city does not owe more than what is collected. COUNCIL AGENDA ITEM NO. EA ierscpa.com 14350 Civic Drive, Suite 180 Barstow, CA 92311 Victorville, CA 92392 (760) 256-8612 • fax (760)256-2713 (760) 245-5341 • fax(760)241-2992 ttempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Colton include all personnel, employees, agents, and subcontractors of Colton, RVPUB\NGS1655567 4 reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. REDFLEX TRAFFIC SYSTEMS INCEPTION TO MAY 2009. Cumulative Invoice Date COUtt Revenue Redflez Invoice' Gain/Loss __ B alance Oct-07 250.30 - 6,400.00 -6,149.70 6,-149.70 Nov-07 _ 1,687.97 6,400,00 -4,712.03 1.0,861.73 Dec-07 2,087.75 12,000.00 -9,912.25 20,773.98 Jan-08 _ 5,141 16 12,000.00 -6,858.84 27,632.82 Feb-08 : ' 4,809:40 - 12,000.00 -7,190.60 34,823.42 Mar-08 6,193 04 12,000.00 -5,806.96 40,6,30.38 Apr-08 - 7,845.38 12,000.00 -4,154.62 44,785.00 May-08 _ 6,885.96 12,000.00 , -5,114.04 49,899.04 Jun-08 7,823,73 12,000.00 -4,176.27 54,075.31 Jul-08 _________7,70952 . 12,513.64 -4,804.12 58,879.43 Aug-08 _. 7,960.30 12,513.64 -4,553.25 63,432.68 Sep-08 _8,353:09 12,513.64 -4,160.55 - - 67,593.23 Oct-08 10,440._47 12,513.64 -2,073.17 69,666.40 Nov-08 _6;499:34 _ 12,513.64 -6,014.30 - , _ 75,680.70 Dec-08 ____ 12-443.56 12,513.64 -70.08 _ 75,750.78 Jan-09 6,619.6$. 12;513.64 -5,893.96 _.__ 81,644,74 Feb-09`___ ___ 8,474.39 '12,513.64 -4,039.25 85,683.99 Mar709. -_ _T___._12,029.87 12,513.64 483.77 86,167.76 Apr-09 _______ _11;037.16 12,513.64 -1,476.48 , 87,644.24 May-09 7,228,63 12,513.64 -5,285.01 92,929.25 Jun-09 . . Jul-09. Aug-09 Sep-09 Oct-09 Nov-09 Dec-09 Totals , 141,520.79 234,450.04 -92,929.25 ately 30% of the red light violation section of the fine and 70% of the traffic violation of the fine. The net to the city is roughly only 35% of the amount the violator pays for the ticket. Redflex invoices $6,000 per intersection and current unpaid charges through May 2009 are $234,450. Court collections for red light fines through May 2009 are $141,520. The Redflex contract states that the city does not owe more than what is collected. COUNCIL AGENDA ITEM NO. EA ierscpa.com 14350 Civic Drive, Suite 180 Barstow, CA 92311 Victorville, CA 92392 (760) 256-8612 • fax (760)256-2713 (760) 245-5341 • fax(760)241-2992 ttempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Colton include all personnel, employees, agents, and subcontractors of Colton, RVPUB\NGS1655567 4 reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. Superior Court of California County of San Bernardino Agency Fine Calculation Summary Prepared for City of Grand Terrace Vehicle Code section 21453 (a) and (c) Red Light Traffic Red Light School Sample Citations: Citation Citation Total Fine (includes fees) 446.00 500.00 Less: Security Surcharge (20.00) (20.00) Night Court (1.00) (1.00) DMV Assessment (10.00) (10.00) Criminal Conviction Assessment (35.00) (35.00) Traffic School Fees - (54.00) Fine Less Fees: 380.00 380.00 30% Calculation 30% of Fine less Fees 114.00 RFX 114.00 RFX Less 2%Automation (2.28) (2.28) 30%Allocated to Agency 111.72 RFX 111.72 RFX Less 2% Est. Cost Allocation (2.54) 2.27% (1.12) 1.00% Estimated 30%Amount Paid to Agency 114.26 RFX 111.72 RFX Base Fine Calculation Fine Less Fees(above) 380.00 380.00 Base Fine per AOC Bail Schedule(included in$380) 100.00 100.00 70% of Base Fine for Violation 70.00 TFX 70.00 TLV Less 2% Automation (1.40) (1.40) Less 20% to County (13.72) (13.72) Remaining Base Fine Allocated to City 54.88 TFX 54.88 TFX Less Estimated Cost Allocation (1.31) 2.38% (1.31) 2.38% Estimated Base Amount Paid to Agency 53.57 TFX 53.57 TFX %of Original Amount to Actual Paid 76.53% 76.53% Estimated Total Paid to Agency 167.83 165.29 Jul-09. Aug-09 Sep-09 Oct-09 Nov-09 Dec-09 Totals , 141,520.79 234,450.04 -92,929.25 ately 30% of the red light violation section of the fine and 70% of the traffic violation of the fine. The net to the city is roughly only 35% of the amount the violator pays for the ticket. Redflex invoices $6,000 per intersection and current unpaid charges through May 2009 are $234,450. Court collections for red light fines through May 2009 are $141,520. The Redflex contract states that the city does not owe more than what is collected. COUNCIL AGENDA ITEM NO. EA ierscpa.com 14350 Civic Drive, Suite 180 Barstow, CA 92311 Victorville, CA 92392 (760) 256-8612 • fax (760)256-2713 (760) 245-5341 • fax(760)241-2992 ttempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Colton include all personnel, employees, agents, and subcontractors of Colton, RVPUB\NGS1655567 4 reasonable times. 3.3 Fees and Payments. 3.3.1 Compensation. Colton shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amounts set forth in RVPUBWGS\655567 2 ntractors for worker's compensation claims. 12. Prohibition Against Transfers. San Bernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. Manual of Accounting and Audit Guidelines for Trial Courts-Revision 20 Appendix C Table#2-1 Special Distribution of Fines and Forfeitures Preceding_PC 1463.001 Distribution ' DISTRIBUTION CODE SECTION - - VIOLATION FUND USE/SPECIAL PROVISION' FROM TO PC 1305.3—Recovery of Costs by Forfeited bail,when a prosecuting Actual costs of opposing a motion to District attorney,county counsel,or To reimburse actual costs incurred Prosecuting Agency for Opposing agency incurs costs in successfully vacate a forfeiture and of applicable prosecuting attorney by a prosecuting agency in Motion to Vacate Forfeiture opposing a motion to vacate the collecting on the summary - successfully opposing a motion to forfeiture and in collecting on the judgement from forfeited bail prior vacate the forfeiture and in summary judgement to PC 1463.001 distribution collecting the summary judgement Remainder General distribution See PC 1463.001 (Table 1). pursuant to PC 1463.001 PC 1463.9—Litter Fines Any of the following: 50%of PC 1463.001 moneys General distribution-pursuant to Litter cleanup activities H&S 13002 collected for PC 1463.9 during the PC 1463.001 PC 374.3 preceding month VC 23111,23112,23113(a) Remaining 50%of PC 1463.001 General distribution pursuant to See PC 1463.001 (Table 1). moneys collected for PC 1463.9 PC 1463.001 during the-preceding month PC 1463.11—Red Light Violations Any of the following: 30%of PC 1463.001,PC 1464,.and If a County arrest,to County Not specified VC 21453(a)and(c) GC 76000 moneys General Fund VC 21454(c) If a City arrest,to City General Not specified VC 21457(a) Fund Balance of PC 1463.001,PC 1464, Distributions pursuant to See PC 1463.001 (Table 1), and GC 76000 moneys PC 1463.001,PC 1464,and -PC 1464,and GC 76000(Table 6). GC 76000 PC 1463.12—Railroad Crossing Any of the following: 30%of PC 1463.001,PC 1464,and If the offense occurred in an area Only for public safety and public VC 21752(c)involving railroad GC 76000 moneys where the transit district or education related to railroad grade grade crossings commission provides rail crossings VC 22450 involving railroad grade transportation,to transit district or transportation commission crossings VC 22451 -If the offense did not occur in an Only for public safety and public VC 22452 area where the transit district or education related to railroad grade commission provides rail crossings VC 22526(c) transportation,to County General Fund Balance of PC 1463.001,PC 1464, Distributions pursuant to See PC 1463.001 (Table 1), and GC 76000 moneys PC 1463.001,PC 1464,and PC 1464,and GC 76000(Table 6). GC 76000 _ Revised 12/06 California State.Controller C-10 ernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. v EXCLUSIVE AGREEMENT BETWEEN TIE CITY OF GRAND TERRACE AND REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM This Agreement (this "Agreement") is made as of thisI day of F_sr' �2007 by and between Redflex Traffic Systems, Inc. with offices at 6047 Bristol Parkway 1st Floor, Culver City, California 90230 ("Redflex"), and The City of Grand Terrace a municipal corporation, with offices at 22795 Barton Road, Grand Terrace, CA 92313-5295 (the "Customer"). RECITALS WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and citation processes related to digital photo red light enforcement systems; and WHEREAS, the Customer desires to engage the services of Redflex to provide certain equipment, processes and back office services so that sworn peace officers of the Customer are able to monitor, identify and enforce red light running violations; and WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the incidence of vehicle collisions at the traffic intersections and city streets that will be monitored pursuant to the terms of this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. DEFINITIONS. In this Agreement, the words and phrases below shall have the following meanings: 1.1. "Authorized Officer" means the Police Project Manager or such other individual(s) as the Customer shall designate to review Potential Violations and to authorize the Issuance of Citations in respect thereto, and in any event, a sworn peace officer or a qualified employee of the Police Department. 1.2. "Authorized Violation" means each Potential Violation in the Violation Data for which authorization to issue a citation in the form of an Electronic Signature is given by the Authorized Officer by using the Redflex System. 1.3. "Citation" means the notice of a Violation, which is mailed or otherwise delivered by Redflex to the violator on the appropriate Enforcement Documentation in respect of each Authorized Violation. 1.4. "Confidential or Private Information" means, with respect to any Person, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected with such Person's business or methods of operation or concerning any of such Person's suppliers, licensors, licensees, customers or others with whom such Person has a business relationship, and which has current or potential value to such Person or the unauthorized 1 ation related to railroad grade commission provides rail crossings VC 22526(c) transportation,to County General Fund Balance of PC 1463.001,PC 1464, Distributions pursuant to See PC 1463.001 (Table 1), and GC 76000 moneys PC 1463.001,PC 1464,and PC 1464,and GC 76000(Table 6). GC 76000 _ Revised 12/06 California State.Controller C-10 ernardino shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. disclosure of which could be detrimental to such Person, including but not limited to: 1.4.1. Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or customers, or at which such Person sells or has sold its services; and 1.4.2. Matters of a technical nature, including but not limited to product information, trade secrets, know-how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and' research and development projects. For purposes of this Agreement, the term "trade secrets" shall mean the broadest and most inclusive interpretation of trade secrets. 1.4.3. Notwithstanding the foregoing, Confidential Information will not include information that: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (ii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission by any party hereto in breach of this Agreement, (iii)was subsequently lawfully disclosed to the disclosing party by a person other than a party hereto, (iv) was required by a court of competent jurisdiction to be described, or (v) was required by applicable state law to be described. 1.5. "Designated Intersection Approaches" means the Intersection Approaches set forth on Exhibit A attached hereto,;and such additional Intersection Approaches as Redflex and the Customer shall mutually agree from time to time. 1.6. "Electronic Signature" means the method through which the Authorized Officer indicates his or her approval of the issuance of a Citation in respect of a Potential Violation using the Redflex System: 1.7. "Enforcement Documentation" 'means the necessary and appropriate documentation related to the Photo Red Light Enforcement Program, including but not limited to warning letters, citation notices (using the specifications of the Judicial Council and the City, a numbering sequence for use on all citation notices (in accordance with applicable court rules), instructions to accompany each issued Citation (including in such instructions a description of basic court procedures, payment options and information regarding the viewing of images and data collected by the Redflex System), chain of custody records, criteria regarding operational policies for processing Citations (including with respect to coordinating with the Department;of Motor Vehicles), and technical support documentation for applicable court and judicial officers . 1.8. "Equipment" means any and all ;cameras, sensors, equipment, components, products, software and other tangible and intangible property relating to the Redflex Photo Red Light System(s), including but not limited to all camera systems,housings, radar units, severs and poles. 2 aw or otherwise without the prior written consent of Grand Terrace. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. 1.9. 'Fine" means a monetary sum assessed for Citation, including but not limited to bail forfeitures, but excluding suspended fines. 1.10. "Governmental Authority" means any domestic or foreign government, governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency, commission or organization, and any subdivision, branch or department of any of the foregoing. 1.11. "Installation Date of the Photo Red Light Program" means the date on which Redflex completes the construction and installation of at least one (1) Intersection Approach in accordance with the terms of this Agreement so that such Intersection Approach is operational for the purposes of functioning with the Redlight Photo Enforcement Program. 1.12. "Intellectual Property" means, with respect to any Person, any and all now known or hereafter known tangible and intangible (a) rights associated with works of authorship throughout : the world, including but not limited to copyrights, moral rights and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other industrial property rights, (e)' all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing), of such Person. 1.13. "Intersection Approach" means a conduit of travel with up to four (4) contiguous lanes from the curb (e.g., northbound, southbound, eastbound or westbound) on which at least one (1) system has been installed by Redflex for the purposes of facilitating RedlightPhoto Enforcement by the Customer. 1.14. "Operational Period" means the period of time during the Term, commencing on the Installation Date, during which the Photo Red Light Enforcement Program is functional in order to permit the identification and prosecution of Violations at the Designated Intersection Approaches by a sworn peace officer of the Customer and the issuance of Citations for such approved Violations using the Redflex System. 1.15. "Person" means a natural individual, company, Governmental Authority, partnership, firm, corporation, legal entity or other business association. 1.16. "Police Project Manager" means the project manager appointed by the Customer in accordance with this Agreement, which shall be a sworn peace officer and shall be responsible for overseeing the installation of the Intersection Approaches and the implementation of the Redlight Photo Enforcement Program, and which manager shall have the power and authority to make management decisions relating to the Customer's obligations pursuant to this Agreement, including but not limited to change order authorizations, subject to any limitations set forth in the Customer's charter or other organizational documents of the Customer or by the city counsel or other governing body of the Customer. 1.17. "Potential Violation" means,. with respect to any motor vehicle passing through a Designated Intersection Approach, the data collected by the Redflex System with respect to such motor vehicle, which data shall be processed by the 3 ublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. Redflex System for the purposes of allowing the Authorized Officer to review such data and determine whether a Red Light Violation has occurred. 1.18. "Proprietary Property" means, with respect to any Person, any written or tangible property owned or used by such Person in connection with such Person's business, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices. 1.19. "Redflex Marks" means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or in relation to Photo Red Light Enforcement at any time during the Term this Agreement, service marks, trade names, logos, brands and other marks owned by Redflex, and all modifications or adaptations of any of the foregoing. 1.20. "Redflex Project Manager" means the project manager appointed by Redflex in accordance with this Agreement, which project manager shall initially be or such person as Redflex shall designate by providing written notice thereof to the Customer from time to time, who shall be responsible for overseeing the construction and installation of the Designated Intersection Approaches and the implementation the Photo Red Light Enforcement Program, and who shall have the power and authority to make management decisions relating to Redflex's obligations pursuant to this Agreement, including but not limited to change-order authorizations. 1.21. "Redflex Photo Red Light System" means, collectively, the SmartCamTM System, the SmartOpsTM System, the Redlight Photo Enforcement Program, and all of the other equipment, applications, back office processes and digital red light traffic enforcement cameras, sensors, components, products, software and other tangible and intangible property relating thereto. 1.22. "Photo Red Light Enforcement Program" means the process by which the monitoring, identification and enforcement of Violations is facilitated by the use of certain equipment, applications and back office processes of Redflex, including but not limited to cameras, flashes, central processing units, signal controller interfaces and detectors (whether loop, radar or video loop) which, collectively, are capable of measuring Violations and recording such Violation data in the form of photographic images of motor vehicles. 1.23. "Photo Redlight Violation Criteria" means the standards and criteria by which Potential Violations will be evaluated by sworn peace officers of the Customer, which standards and criteria shall include, but are not limited to, the duration of time that a traffic light must remain red prior to a Violation being deemed to have occurred, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have 4 ll be processed by the 3 ublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. • committed a Violation, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities. 1.24. "SmartCamTM System" means the proprietary digital redlight photo enforcement system of Redflex relating to the Photo Red Light Enforcement Program. 1.25. "SmartOpsTM System" means the proprietary back-office processes of Redflex relating to the Photo Red Light Enforcement Program. 1.26. "SmartSceneTM System" means the proprietary digital video camera unit, hardware and software required for providing supplemental violation data. 1.27. "Traffic Signal Controller Boxes" means the signal controller interface and detector, including but not limited to the radar or video loop, as the case may be. 1.28. "Violation" means any traffic violation contrary to the terms of the Vehicle Code or any applicable rule, regulation or law of any other Governmental Authority, including but not limited to operating a motor vehicle contrary to traffic signals, and operating a motor vehicle without displaying a valid license plate or registration. 1.29. "Violations Data" means the;images and other Violations data gathered by the Redflex System at the Designated Intersection Approaches. 1.30. "Warning Period" means the period of thirty (30) days after the Installation Date of the first intersection approach. 2. TERM. The term of this Agreement shall commence as of the date hereof and shall continue for a period of five (5) years after the Installation Date (the "Initial Term"). The Customer shall have the right, but not the obligation, to extend the term of this Agreement for up to two (2) additional consecutive and automatic two (2) year periods following the expiration of the Initial Term''(each, a "Renewal Term" and collectively with the Initial Term, the "Tenn"). The Customer may exercise the right to extend the term of this Agreement for a Renewal Term by providing written notice to Redflex not less than thirty (30) days prior to the last day of the Initial Term or the Renewal Term, as the case may be. 3. SERVICES. Redflex shall provide the Photo Red Light Enforcement Program to the Customer, in each case in accordance with the terms and provisions set forth in this Agreement. 3.1. INSTALLATION. With respect to the construction and installation of (1) the Designated Intersection Approaches,and the installation of the Redflex System at such Designated Intersection Approaches, the Customer and Redflex shall have the respective rights and obligations,set forth on Exhibit B attached hereto. 3.2. MAINTENANCE. With respect to the maintenance of the Redflex System at the Designated Intersection Approaches the Customer and Redflex shall have the respective rights and obligations set forth on Exhibit C attached hereto. 3.3. VIOLATION PROCESSING. During the Operational Period, Violations shall be processed as follows: 3.3.1. All Violations Data shall be stored on the Redflex System; 5 tial Violations will be evaluated by sworn peace officers of the Customer, which standards and criteria shall include, but are not limited to, the duration of time that a traffic light must remain red prior to a Violation being deemed to have occurred, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have 4 ll be processed by the 3 ublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. 3.3.2. The Redflex System shall process Violations Data gathered from the Designated Intersection Approaches into a format capable of review by the Authorized Officer via the Redflex System; 3.3.3. The Redflex System shall be accessible by the Authorized Officer through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high-speed intemet connection and a web browser; 3.3.4. Redflex shall provide the Authorized Officer with access to the Redflex System for the purposes of reviewing the pre-processed Violations Data within seven (7) days of the gathering of the Violation Data from the applicable Designated Intersection Approaches 3.3.5. The Customer shall cause the Authorized Officer to review the Violations Data and to determine whether a citation shall be issued with respect to each Potential Violation captured within such Violation Data, and transmit each such determination in the form of an Electronic Signature to Redflex using the software or other applications or procedures provided by Redflex on the Redflex System for such purpose, and REDFLEX HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A CITATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED OFFICER AND SHALL BE MADE IN SUCH AUTHORIZED OFFICER'S SOLE DISCRETION (A "CITATION DECISION"), AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A CITATION DECISION; 3.3.6. With respect to each Authorized Violation, Redflex shall print and mail a Citation within six (6) days after Redflex's receipt of such authorization; provided, however, during the Warning Period, warning violation notices shall be issued in respect of all Authorized Violations; 3.3.7. Redflex shall provide a toll-free telephone number for the purposes of answering citizen inquiries 3.3.8. Redflex shall permit the Authorized Officer to generate monthly reports using the Redflex Standard Report System. 3.3.9. Upon Redflex's receipt of a written request from the Customer and in addition to the Standard Reports, Redflex shall provide, without cost to the Customer, reports regarding the processing and issuance of Citations, the maintenance and downtime records of the Designated Intersection Approaches and the functionality of the Redflex System with respect thereto to the Customer in such format and for such periods as the Customer may reasonably request; provided, however, Redflex shall not be obligated to provide in excess of six (6) such reports in any given twelve (12) month period without cost to the Customer; 3.3.10. Upon the Customer's receipt of a written request from Redflex, the Customer shall provide, without cost to Redflex, reports regarding the prosecution of Citations and the collection of fines, fees and other monies in respect thereof in such format and for such periods as Redflex may reasonably request; provided, however, the Customer shall not be obligated 6 al Violations will be evaluated by sworn peace officers of the Customer, which standards and criteria shall include, but are not limited to, the duration of time that a traffic light must remain red prior to a Violation being deemed to have occurred, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have 4 ll be processed by the 3 ublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. to provide in excess of six (6) such reports in any given twelve (12) month period without cost to Redflex; 3.3.11. During the six (6) month period following the Installation Date and/or upon Redflex's receipt of a written request from the Customer at least fourteen (14) calendar days in advance of court proceeding, Redflex shall provide expert witnesses for use by the Customer in prosecuting Violations; provided, however, the Customer shall use reasonable best efforts to seek judicial notice in lieu of requiring Redflex to provide such expert witnesses; and 3.3.12. During the three (3) month period following the Installation Date, Redflex shall provide such training to law enforcement personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf of the Customer with respect to the Redlight Enforcement Program. 3.4. PROSECUTION AND COLLECTION., COMPENSATION. The Customer shall diligently prosecute Citations and the collection of all Fines in respect thereof, and Redflex shall have the right to receive, and the Customer shall be obligated to pay, the compensation set forth on Exhibit D attached hereto. 3.5. OTHER RIGHTS AND OBLIGATIONS. During the Term, in addition to all of the other rights and obligations set forth in this Agreement, Redflex and the Customer shall have the respective rights and obligations set forth on Exhibit E attached hereto. 3.6. CHANGE ORDERS. The Customer may from time to time request changes to the work required to be performed o'r the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice thereof to Redflex, setting forth in reasonable detail the proposed changes (a "Change Order Notice"). Upon R'edflex's receipt of a Change Order Notice, Redflex shall deliver a written statement describing the effect, if any, the proposed changes would have on the pricing terms set forth in Exhibit D (the "Change Order Proposal"), which Change Order Proposal shall include (i) a detailed breakdown of the charge and schedule effects, (ii) a description of any resulting changes to the specifications and obligations of the parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the Customer. Following the Customer's receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes, the time, manner and amount of payment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes; provided, however, in the event that any proposed change involves only the addition of equipment or services to the existing Designated Intersection Approaches, or the addition of Intersection Approaches to be covered by the terms of this Agreement, to the maximum extent applicable, the pricing terms set forth in Exhibit D shall govern. Any failure of the parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this 7 to have occurred, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have 4 ll be processed by the 3 ublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. Agreement, and any disagreement shall be resolved in accordance with Section 10. 4. License; Reservation of Rights. 4.1. License. Subject to the terms and conditions of this Agreement, Redflex hereby grants the Customer, and the Customer hereby accepts from Redflex upon the terms and conditions herein specified, a non-exclusive, non-transferable license during the Term of this Agreement to: (a) solely within the City of(insert name), access and use the Redflex System for the sole purpose of reviewing Potential Violations and authorizing the issuance of Citations pursuant to the terms of this Agreement, and to print copies of any content posted on the Redflex System in connection therewith, (b) disclose to the public (including outside of the City of (insert name) that Redflex is providing services to the Customer in connection with Photo Red Light Enforcement Program pursuant to the terms of this Agreement, and (c) use and display the Redflex Marks on or in marketing, public awareness or education, or other publications or materials relating to the Photo Red Light Enforcement Program, so long as any and all such publications or materials are approved in advance by Redflex. 4.2. RESERVATION OF RIGHTS. The Customer hereby acknowledges and agrees that: (a) Redflex is the sole and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property arising from or relating to the Redflex System, and any and all related Equipment, (b) the Customer neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of Customer pursuant to this Agreement, the Customer shall gain no additional right,title or interest therein. 4.3. RESTRICTED USE. The Customer hereby covenants and agrees that it shall not (a) make any modifications to the Redflex System, including but not limited to any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any of the Redflex Marks in any way which might prejudice their distinctiveness, validity or the goodwill of Redflex therein, (d)use any trademarks or other marks other than the Redflex Marks in connection with the Customer's use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Redflex, or(e) disassemble, de-compile or otherwise perform any type of reverse engineering to the Redflex System, the Redflex System, including but not limited to any Equipment, or to any, Intellectual Property or Proprietary Property of Redflex, or cause any other Person to do any of the foregoing. 4.4. PROTECTION OF RIGHTS. Redflex shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Redflex, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Redflex Marks, the filing of patent application for any of the Intellectual Property of Redflex, and making any other applications or filings with appropriate Governmental Authorities. The Customer shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any 8 hich a motor vehicle must pass during a red light signal prior to being deemed to have 4 ll be processed by the 3 ublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. registrations or filings with respect to any of the Redflex Marks or the Intellectual Property of Redflex without the prior written consent of Redflex. 4.5. INFRINGEMENT. The Customer shall use its reasonable best efforts to give Redflex prompt notice of any activities or threatened activities of any Person of which it becomes aware that infringes or violates the Redflex Marks or any of Redflex's Intellectual Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall have the exclusive right, but not the obligation, to take action to enforce such rights and to make settlements with respect thereto. In the event that Redflex commences any enforcement action under this Section 4.5, then the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex, and Redflex shall be entitled to any damages or other monetary amount that might be awarded after deduction of actual costs; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. 4.6. INFRINGING USE. The Customer shall give Redflex prompt written notice of any action or claim action or claim, whether threatened or pending, against the Customer alleging that the Redflex Marks, or any other Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex in the defense thereof; provided, that Redflex shall reimburse the Customer for any reasonable costs,incurred in providing such cooperation and assistance. If such a claim is made and Redflex determines, in the exercise of its sole discretion, that an infringement may exist, Redflex shall have the right, but not the obligation, to procure for the Customer the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non-infringing items. 5. Representations and Warranties. 5.1. Redflex Representations and Warranties. 5.1.1. Authority. Redflex hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. 5.1.2. Professional Services. Redflex hereby warrants and represents that any and all services provided by Redflex pursuant to this Agreement shall be performed in a professional and workmanlike manner and, with respect to the installation of the Redflex System, subject to applicable law, in compliance with all specifications provided to Redflex by the Customer. 5.2. Customer Representations and Warranties. 5.2.1. Authority. The Customer hereby warrants and represents that it has all right, power and authority to' execute and deliver this Agreement and perform its obligations hereunder. 5.2.2. Professional Services. The Customer hereby warrants and represents that any and all services provided by the Customer pursuant to this Agreement shall be performed in a professional and workmanlike manner. 9 uring a red light signal prior to being deemed to have 4 ll be processed by the 3 ublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. 5.3. LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM OR ANY RELATED EQUIPMENT OR WITH RESPECT TO THE RESULTS OF THE CUSTOMER'S USE OF ANY OF THE FOREGOING NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, REDFLEX DOES NOT WARRANT THAT ANY OF THE DESIGNATED INTERSECTION APPROACHES OR THE REDFLEX SYSTEM WILL OPERATE IN THE WAY THE CUSTOMER SELECTS FOR USE, OR THAT THE OPERATION OR USE THEREOF WILL BE UNINTERRUPTED. THE CUSTOMER HEREBY ACKNOWLEDGES THAT THE REDFLEX SYSTEM MAY MALFUNCTION FROM TIME TO TIME, AND SUBJECT TO THE TERMS OF THIS AGREEMENT, REDFLEX SHALL DILIGENTLY ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN A TIMELY MANNER. 6. Termination. 6.1. TERMINATION FOR CAUSE: Either party shall have the right to terminate this Agreement immediately by written notice to the other if(i) state statutes are amended to prohibit or substantially change the operation of photo red light enforcement systems; (ii) any court having jurisdiction over City rules, or state or federal statute declares, that results from the Redflex System of photo red light enforcement are inadmissible in evidence; or (iii) the other party commits any material breach of any of the provisions of this Agreement. In the event of a termination due to Section 6.1(i) or 6.1(ii) above, Customer shall be relieved of any further obligations for payment to Redflex other than as specified in Exhibit "D". Either party shall have the right to remedy the cause for termination (Sec 6.1) within forty-five (45) calendar days (or within such other time period as the Customer and Redflex shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the non-causing party setting forth in reasonable detail the events of the cause for termination. 6.2. The rights to terminate this Agreement given in this Section 6.1 shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach of this Agreement. 6.3. PROCEDURES UPON TERMINATION. The termination of this Agreement shall not relieve either party of any liability that accrued prior to such termination. Except as set forth in Section 6.3, upon the termination of this Agreement, all of the provisions of this Agreement shall terminate and: 6.3.1. Redflex shall (i) immediately cease to provide services, including but not limited to work in connection with the construction or installation activities and services in connection with the Photo Red Light Enforcement Program, (ii) promptly deliver to the Customer any and all Proprietary Property of the Customer provided to Redflex pursuant to this Agreement, (iii) promptly to r and authority to' execute and deliver this Agreement and perform its obligations hereunder. 5.2.2. Professional Services. The Customer hereby warrants and represents that any and all services provided by the Customer pursuant to this Agreement shall be performed in a professional and workmanlike manner. 9 uring a red light signal prior to being deemed to have 4 ll be processed by the 3 ublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. deliver to the Customer a final report to the Customer regarding the collection of data and the issuance of Citations in such format and for such periods as the Customer may reasonably request, and which final report Redflex shall update or supplement from time to time when and if additional data or information becomes available, (iv) promptly deliver to Customer a final invoice stating all fees and charges properly owed by Customer to Redflex for work performed and Citations issued by Redflex prior to the termination, and (v)provide such assistance as the Customer may reasonably request from time to time in connection with prosecuting and enforcing Citations issued prior to the termination of this Agreement. 6.3.2. The Customer shall (i) immediately cease using the Photo Red Light Enforcement Program, accessing the Redflex System and using any other Intellectual Property of Redflex, (ii) promptly deliver to Redflex any and all Proprietary Property of Redflex provided to the Customer pursuant to this Agreement, and (iii) promptly pay any and all fees, charges and amounts properly owed by Customer to Redflex for work performed and Citations issued by Redflex prior to the termination. 6.3.3. Unless the Customer and Redflex have agreed to enter into a new agreement relating to the Photo Red Light Enforcement Program or have agreed to extend the Term of this Agreement, Redflex shall remove any and all Equipment or other materials of Redflex installed in connection with Redflex's performance of its obligations under this Agreement, including but not limited to housings, poles and camera systems, and Redflex shall restore the Designated Intersection Approaches to substantially the same condition such Designated Intersection Approaches were in immediately prior to this Agreement. 6.4. SURVIVAL. Notwithstanding the foregoing, the definitions and each of the following shall survive the termination of this Agreement: (x) Sections 4.2 (Reservation of Rights), 5.1 (Redflex Representations and Warranties), 5.2 (Customer Representations and Warranties), 5.3 (Limited Warranty), 7 (Confidentiality), 8 (Indemnification and Liability), 9 (Notices), 10 (Dispute Resolution), 11.1 (Assignment), 11.17 (Applicable Law), 11.16 (Injunctive Relief; Specific Performance) and 1,1.18 (Jurisdiction and Venue), and (y) those provisions, and the rights and obligations therein, set forth in this Agreement which either by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of the Agreement, or must survive to give effect to the provisions of this Agreement. 7. CONFIDENTIALITY. During the term of this Agreement and for a period of three (3) years thereafter, neither party shall disclose to any third person, or use for itself in any way for pecuniary gain, any Confidential Information learned from the other party during the course of the negotiations for this Agreement or during the Term of this Agreement. Upon termination of this Agreement, each party shall return to the other all tangible Confidential Information of such party. Each party shall retain in confidence and not disclose to any third party any Confidential Information without the other party's express written consent, except (a) to its employees who are reasonably required to have the Confidential Information, (b) to its agents, 11 processed by the 3 ublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. representatives, attorneys and other professional advisors that have a need to know such Confidential Information, provided that such parties undertake in writing (or are otherwise bound by rules of professional conduct) to keep such information strictly confidential, and (c) pursuant to, and to the extent of, a request or order by any Governmental Authority, including laws relating to public records. 8. Indemnification and Liability. 8.1. Indemnification by Redflex. Subject to Section 8.3, Redflex hereby agrees to defend and indemnify the Customer and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and each of their affiliates, and all persons acting by, through, under or in concert with them, or any of them (individually a "Customer Party" and collectively, the "Customer Parties") against, and to protect, save and keep harmless the Customer Parties from, and to pay on behalf of or reimburse the Customer Parties as and when incurred for, any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits, judgments, settlements, costs, expenses and disbursements (including reasonable attorneys', accountants' and expert witnesses' fees) of whatever kind and nature (collectively, "Losses"), which may be imposed on or incurred by any Customer Party arising out of or related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of Redflex contained in this Agreement, or (b) the willful misconduct of Redflex, its employees or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct of any Customer Party. 8.2. Indemnification by Customer. Subject to Section 8.3,the Customer hereby agrees to defend and indemnify Redflex and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them, or any of them (individually a "Redflex Party" and collectively, the "Redflex Parties") against, and to protect, save and keep harmless the Redflex Parties from; and to pay on behalf of or reimburse the Redflex Parties as and when incurred for, any and all Losses which may be imposed on or incurred by any Redflex Party arising out of or in any way related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of the Customer contained in this Agreement, (b) the willful misconduct of the Customer, its employees, contractors or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct of any Redflex Party, (c) any claim, action or demand not caused by Redflex's failure to perform its obligations under this Agreement, or (d) any claim, action or demand challenging the Customer's use of the Redflex System or any portion thereof, the validity of the results of the Customer's use of the Redflex System or any portion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. collected as a result of the Customer's use of the Redflex System or any portion thereof. 8.3. Indemnification Procedures. In the event any claim, action or demand (a "Claim") in respect of which any party hereto seeks indemnification from the other, the party seeking indemnification (the "Indemnified Party") shall give the party from whom indemnification is sought (the "Indemnifying Party") written notice of such Claim promptly after the Indemnified Party first becomes aware thereof; provided, however, that failure so to give such notice shall not preclude indemnification with respect to such Claim except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying Party shall have the right to choose counsel to defend such Claim (subject to the approval of such counsel by the Indemnified Party, which approval shall not be unreasonably withheld, conditioned or delayed), and to control, compromise and settle such Claim, and the Indemnified Party shall have the right to participate in the defense at its sole expense; provided, however, the Indemnified Party shall have the right to take over the control of the defense or settlement of such Claim at any time if the Indemnified Party irrevocably waives all rights to indemnification from and by the Indemnifying Party. The Indemnifying Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim, and no party shall have the right enter into any ' settlement agreement that materially affects the other party's material rights or material interests without such party's prior written consent, which consent will not be unreasonably withheld or delayed. ' 8.4. LIMITED LIABILITY. Notwithstanding anything to the contrary in this Agreement, neither party shall be liable to the other, by reason of any representation or express or implied warranty, condition or other term or any duty at common or civil law, for any indirect, incidental, special, lost profits or consequential damages, however caused and on any theory of liability arising out of or relating to this Agreement. 9. NOTICES. Any notices to be given hereunder shall be in writing, and shall be deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3) days after being mailed first class, certified mail, return receipt requested, postage and registry fees prepaid, or (c) one Business Day after being delivered to a reputable overnight courier service, excluding the U.S. Postal Service, prepaid, marked for next day delivery, if the courier service obtains a signature acknowledging receipt, in each case addressed or sent to such party as follows: 9.1. Notices to Redflex: Redflex Traffic Systems, Inc. 15020 North 74th Street Scottsdale, AZ 85260 Attention: Ms. Karen Finley Facsimile: (480) 607-5552 9.2. Notices to the Customer: City of Grand Terrace 22795 Barton Road 13 rties), except to the extent caused by the willful misconduct of any Redflex Party, (c) any claim, action or demand not caused by Redflex's failure to perform its obligations under this Agreement, or (d) any claim, action or demand challenging the Customer's use of the Redflex System or any portion thereof, the validity of the results of the Customer's use of the Redflex System or any portion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. Grand Terrace, CA 92313-5295 Attention: Facsimile: 14 3-1-1-0 (COUNCILMEMBER MILLER VOTED NO AND COUNCILMEMBER CORTES WAS ABSENT), to approve a payment in the amount of$87,400.53 to Redflex Traffic Systems that is being held in the trust fund. CC-2009-114 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 4-0-1-0 (COUNCILMEMBER CORTES WAS ABSENT), to direct the Acting City Manager/Finance Director to prepare a report outlining the expenditures of the $30,000.00, how the $25,000.00 in the Traffic Safety Fund will be used, a work out plan with Redflex Traffic Systems and an analysis of the Red Light Vehicle Tickets and to bring it to Council at the September 8, 2009 City Council Meeting. .OV11'r 7"a J;'?H13O:a Jr; f'JO) Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) 10.DISPUTE RESOLUTION Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the "Dispute"), the parties shall engage in informal, good faith discussions and attempt to resolve the Dispute. In connection therewith, upon written notice of either party, each of the parties will appoint a designated officer whose task it shall be to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section 10, and in the event that either of the parties concludes in good faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely, then the parties may mutually agree to submit to binding or nonbinding arbitration or mediation. 11. Miscellaneous. 11.1. Assignment. Neither party may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed; provided, however, The Customer hereby acknowledges and agrees that the execution (as outlined in Exhibit F), delivery and performance of Redflex's rights pursuant to this Agreement shall require a significant investment by Redflex, and that in order to finance such investment, Redflex may be required to enter into certain agreements or arrangements ("Financing Transactions") with equipment lessors, banks, financial institutions or other similar persons or entities (each, a "Financial Institution" and collectively, "Financial Institutions"). The Customer hereby agrees that Redflex shall have the right to assign, pledge, hypothecate or otherwise transfer ("Transfer") its rights, or any of them, under this Agreement to any Financial Institution in connection with any Financing Transaction between Redflex and any such Financial Institution, subject to the Customer's prior written approval, which approval shall not be unreasonably withheld or delayed. The Customer further acknowledges and agrees that in the event that Redflex provides written notice to the Customer that it intends to Transfer all or any of Redflex's rights pursuant to this Agreement, and in the event that the Customer fails to provide such approval or fails to object to such Transfer within forty-five (45) business days after its receipt of such notice from Redflex, for the purposes of this Agreement, the Customer shall be deemed to have consented to and approved such Transfer by Redflex. Notwithstanding the above, this Agreement shall inure to the benefit of, and be binding upon, the parties hereto, and their respective successors or assigns. 11.2. RELATIONSHIP BETWEEN REDFLEX AND THE CUSTOMER. Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties. The relationship between the parties shall be that of independent contractors, and nothing contained in this Agreement shall create the relationship of principal and agent or otherwise permit either party to incur any 15 ortion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. debts or liabilities or obligations on behalf of the other party (except as specifically provided herein). 11.3. AUDIT RIGHTS. Each of parties hereto shall have the right to audit to audit the books and records of the other party hereto (the "Audited Party") solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted upon not less than forty-eight (48) hours' prior notice to the Audited Party, at mutually convenient times and during the Audited Party's normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non-Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non-Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty five percent (25%) of the amount of actually owing, the cost of such audit shall be borne by the Audited Party. In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, non-Audited Party shall promptly refund to the Audited Party the amount of the excess. 11.4. FORCE MAJEURE. Neither party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or Governmental Authorities approval delays which are not caused by any act or omission by Redflex, and unusually severe weather. The party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. 11.5. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the parties, and there are no other agreements (other than invoices and purchase orders), whether written or oral, which affect its terms. This Agreement may be amended only by a subsequent written agreement signed by both parties. 11.6. SEVERABILITY. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision. 11.7. WAIVER. Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof. 11.8. CONSTRUCTION Except as expressly otherwise provided in this Agreement, this Agreement shall be construed as having been fully and completely negotiated and neither the Agreement nor any provision thereof shall be construed more strictly against either party. 11.9. HEADINGS. The headings of the sections contained in this Agreement are included herein for reference purposes only, solely for the convenience of the parties hereto, and shall not in any way be deemed to affect the meaning, 16 principal and agent or otherwise permit either party to incur any 15 ortion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. interpretation or applicability of this Agreement or any term, condition or provision hereof. 11.10. EXECUTION AND COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute only one instrument. Any one of such counterparts shall be sufficient for the purpose of proving the existence and terms of this Agreement, and no party shall be required to produce an original or all of such counterparts in making such proof. 11.11. COVENANT OF FURTHER ASSURANCES. All parties to this Agreement shall, upon request, perform any and all acts and execute and deliver any and all certificates, instruments and other documents that may be necessary or appropriate to carry out any of the terms, conditions and provisions hereof or to carry out the intent of this Agreement. 11.12. REMEDIES CUMULATIVE. Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of any one remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy. 11.13. BINDING EFFECT. This Agreement shall inure to the benefit of and be ' binding upon all of the parties hereto and their respective executors, administrators, successors and permitted assigns. 11.14. COMPLIANCE WITH LAWS. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law, and whenever there is a conflict between any term, condition or provision of this Agreement and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the term, condition or provision of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within the requirement of the law, provided that such construction is consistent with the intent of the Parties as expressed in this Agreement. 11.15. NO THIRD PARTY BENEFIT. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any Person who is not a party to this Agreement. 11.16. INJUNCTIVE RELIEF; SPECIFIC PERFORMANCE. The parties hereby agree and acknowledge that a breach of Sections 4.1 (License), 4.3 (Restricted Use) or 7 (Confidentiality) of this Agreement would result in severe and irreparable injury to the other party, which injury could not be adequately compensated by an award of money damages, and the parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any breach of any material term, condition or provision of this Agreement, or to enjoin or prevent such a breach, including without limitation an action for specific performance hereof. 11.17. APPLICABLE LAW. This Agreement shall be governed by and construed in all respects solely in accordance with the laws of the State of California, United States. ies hereto, and shall not in any way be deemed to affect the meaning, 16 principal and agent or otherwise permit either party to incur any 15 ortion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. 11.18. JURISDICTION AND VENUE. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction and venue of the courts located in the County of(insert name) and both parties specifically agree to be bound by the jurisdiction and venue thereof. (The remainder of this page is left intentionally blank) 18 1-0 (COUNCILMEMBER CORTES WAS ABSENT), to direct the Acting City Manager/Finance Director to prepare a report outlining the expenditures of the $30,000.00, how the $25,000.00 in the Traffic Safety Fund will be used, a work out plan with Redflex Traffic Systems and an analysis of the Red Light Vehicle Tickets and to bring it to Council at the September 8, 2009 City Council Meeting. .OV11'r 7"a J;'?H13O:a Jr; f'JO) Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. "Customer" "Redflex" CITY O GRAND TERRACE REDFLEX TRAFFIC SYSTEMS, INC., i By. ./� ��i6 By: Name: Name: Karen Finley Title: Title: President& CEO 19 is page is left intentionally blank) 18 1-0 (COUNCILMEMBER CORTES WAS ABSENT), to direct the Acting City Manager/Finance Director to prepare a report outlining the expenditures of the $30,000.00, how the $25,000.00 in the Traffic Safety Fund will be used, a work out plan with Redflex Traffic Systems and an analysis of the Red Light Vehicle Tickets and to bring it to Council at the September 8, 2009 City Council Meeting. .OV11'r 7"a J;'?H13O:a Jr; f'JO) Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) V EXHIBIT "A" Designated Intersection Approaches The contract is for the implementation of up to 10 intersections. Identification of enforced intersection will be based on mutual agreement between Redflex and the City as warranted by community safety and traffic needs. 20 is page is left intentionally blank) 18 1-0 (COUNCILMEMBER CORTES WAS ABSENT), to direct the Acting City Manager/Finance Director to prepare a report outlining the expenditures of the $30,000.00, how the $25,000.00 in the Traffic Safety Fund will be used, a work out plan with Redflex Traffic Systems and an analysis of the Red Light Vehicle Tickets and to bring it to Council at the September 8, 2009 City Council Meeting. .OV11'r 7"a J;'?H13O:a Jr; f'JO) Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) EXHIBIT"B" Construction and Installation Obligations Timeframe for Installation: Fixed Photo Red Light System Redflex will have each specified intersection installed and activated in phases in accordance with an implementation plan to be mutually agreed to by Redflex Traffic Systems and the Municipality. Redflex will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that will be formalized upon project commencement. Redflex will use reasonable commercial efforts to install and activate the first specified intersection within forty-five (45) to sixty (60) days subsequent to formal project kick- off. The Municipality agrees that the estimated timeframe for installation and activation are subject to conditions beyond the control of Redflex and are not guaranteed. In order to provide the client with timely completion of the photo enforcement project Redflex Traffic Systems requires that the City assist with providing timely approval of City permit requests. The City acknowledges the importance of the safety program and undertakes that in order to keep the project on schedule the customer is to provide city engineers review of Redflex permit requests and all documentation in a timely manner. 1. Redflex Obligations. Redflex shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Redflex's sole expense): 1.1. Appoint the Redflex Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the Redflex Project Manager; 1.2. Request current "as-built" electronic engineering drawings for the Designated Intersection Approaches (the"Drawings") from the city traffic engineer; 1.3. Develop and submit to the Customer for approval construction and installation specifications in reasonable detail for the Designated Intersection Approaches, including but not limited to specifications for all radar sensors, pavement loops, electrical connections and traffic controller connections, as required; and 1.4. Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection Approaches (collectively, the "Approvals"), which will include compliance with City permit applications. 1.5. Finalize the acquisition of the Approvals; 1.6. Submit to the Customer a public awareness strategy for the Customer's consideration and approval, which strategy shall include media and educational materials for the Customer's approval or amendment(the "Awareness Strategy"); 1.7. Develop the Redlight Violation Criteria in consultation with the Customer; 1.8. Develop the Enforcement Documentation for approval by the Customer, which approval shall not be unreasonably withheld; ?1 junctive relief in the event of any breach of any material term, condition or provision of this Agreement, or to enjoin or prevent such a breach, including without limitation an action for specific performance hereof. 11.17. APPLICABLE LAW. This Agreement shall be governed by and construed in all respects solely in accordance with the laws of the State of California, United States. ies hereto, and shall not in any way be deemed to affect the meaning, 16 principal and agent or otherwise permit either party to incur any 15 ortion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. 1.9. Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersection Approaches (under the supervision of the Customer); 1.10. Cause an electrical sub-contractor to complete all reasonably necessary electrical work at the Designated Intersection Approaches, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling,telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal laws and regulations; 1.11. Install and test the functionality of the Designated Intersection Approaches with the Redflex System and establish fully operational Violation processing capability with the Redflex System; 1.12. Implement the use of the Redflex System at each of the Designated Intersection Approaches; 1.13. Deliver the Materials to the Customer; and 1.14. Issue citation notices for Authorized Violations; 1.15. Redflex shall provide training (i) for up to fifteen (15) personnel of the Customer, including but not limited to the persons who Customer shall appoint as Authorized Officers and other persons involved in the administration of the Redlight Photo Enforcement Program, (ii) for at least sixteen (16) hours in the ' aggregate, (iii) regarding the operation of the Redflex System and the Redlight Photo Enforcement Program, which training shall include training with respect to the Redflex System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation; 1.16. Interact with court and judicial personnel to address issues regarding the implementation of the Redflex System, the 'development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, and coordination between Redflex, the Customer and juvenile court personnel; and 1.17. Provide reasonable public relations resources and media materials to the Customer in the event that the Customer elects to conduct a public launch of the Redlight Photo Enforcement Program. 1.18. Citation processing and citation re-issuance 2. CUSTOMER OBLIGATIONS. The Customer shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Customer's sole expense): 2.1.1. Appoint the Project Manager; 2.1.2. Assist Redflex in obtaining the Drawings from the relevant Governmental Authorities; 2.1.3. Notify Redflex of any specific requirements relating to the construction and installation of any Intersection Approaches or the implementation of the Redlight Photo Enforcement Program; 2.1.4. Provide assistance to Redflex in obtaining access to the records data of the Department of Motor Vehicles in Redflex's capacity as an independent contractor to the Customer; and enjoin or prevent such a breach, including without limitation an action for specific performance hereof. 11.17. APPLICABLE LAW. This Agreement shall be governed by and construed in all respects solely in accordance with the laws of the State of California, United States. ies hereto, and shall not in any way be deemed to affect the meaning, 16 principal and agent or otherwise permit either party to incur any 15 ortion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. 2.1.5. Assist Redflex in seeking the;Approvals 2.1.6. Provide reasonable access to the Customer's properties and facilities in order to permit Redflex to install and test the functionality of the Designated Intersection Approaches and the Redlight Photo Enforcement Program; 2.1.7. Provide reasonable access to the personnel of the Customer and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.1.8. Seek approval or amendment of Awareness Strategy and provide written notice to Redflex with respect to the quantity of media and program materials (the "Materials") that the Customer will require in order to implement the Awareness Strategy during the period commencing on the date on which Redflex begins the installation of any of the Designated Intersection Approaches and ending one (1) month after the Installation Date; 2.1.9. Assist Redflex in developing the Redlight Violation Criteria; and 2.1.10. Seek approval of the Enforcement Documentation. 23 for up to fifteen (15) personnel of the Customer, including but not limited to the persons who Customer shall appoint as Authorized Officers and other persons involved in the administration of the Redlight Photo Enforcement Program, (ii) for at least sixteen (16) hours in the ' aggregate, (iii) regarding the operation of the Redflex System and the Redlight Photo Enforcement Program, which training shall include training with respect to the Redflex System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation; 1.16. Interact with court and judicial personnel to address issues regarding the implementation of the Redflex System, the 'development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, and coordination between Redflex, the Customer and juvenile court personnel; and 1.17. Provide reasonable public relations resources and media materials to the Customer in the event that the Customer elects to conduct a public launch of the Redlight Photo Enforcement Program. 1.18. Citation processing and citation re-issuance 2. CUSTOMER OBLIGATIONS. The Customer shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Customer's sole expense): 2.1.1. Appoint the Project Manager; 2.1.2. Assist Redflex in obtaining the Drawings from the relevant Governmental Authorities; 2.1.3. Notify Redflex of any specific requirements relating to the construction and installation of any Intersection Approaches or the implementation of the Redlight Photo Enforcement Program; 2.1.4. Provide assistance to Redflex in obtaining access to the records data of the Department of Motor Vehicles in Redflex's capacity as an independent contractor to the Customer; and enjoin or prevent such a breach, including without limitation an action for specific performance hereof. 11.17. APPLICABLE LAW. This Agreement shall be governed by and construed in all respects solely in accordance with the laws of the State of California, United States. ies hereto, and shall not in any way be deemed to affect the meaning, 16 principal and agent or otherwise permit either party to incur any 15 ortion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. EXHIBIT"C" Maintenance 1. All repair and maintenance of Photo Red Light Enforcement systems and related equipment will be the sole responsibility of Redflex, including but not limited to maintaining the casings of the cameras included in the Redflex System and all other Equipment in reasonably clean and graffiti-free condition. 2. Redflex shall not open the Traffic Signal Controller Boxes without a representative of city Traffic Engineering present. 3. The provision of all necessary communication, broadband and telephone services to the Designated Intersection Approaches will be the sole responsibility of the Redflex 4. The provision of all necessary electrical services to the Designated Intersection Approaches will be the sole responsibility of the Customer 5. In the event that images of a quality suitable for the Authorized Officer to identify Violations cannot be reasonably obtained without the use of flash units, Redflex shall provide and install such flash units. 6. The Redflex Project Manager (or a reasonable alternate) shall be available to the Police Project Manager each day, on a reasonable best efforts basis. 24 mer shall appoint as Authorized Officers and other persons involved in the administration of the Redlight Photo Enforcement Program, (ii) for at least sixteen (16) hours in the ' aggregate, (iii) regarding the operation of the Redflex System and the Redlight Photo Enforcement Program, which training shall include training with respect to the Redflex System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation; 1.16. Interact with court and judicial personnel to address issues regarding the implementation of the Redflex System, the 'development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, and coordination between Redflex, the Customer and juvenile court personnel; and 1.17. Provide reasonable public relations resources and media materials to the Customer in the event that the Customer elects to conduct a public launch of the Redlight Photo Enforcement Program. 1.18. Citation processing and citation re-issuance 2. CUSTOMER OBLIGATIONS. The Customer shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Customer's sole expense): 2.1.1. Appoint the Project Manager; 2.1.2. Assist Redflex in obtaining the Drawings from the relevant Governmental Authorities; 2.1.3. Notify Redflex of any specific requirements relating to the construction and installation of any Intersection Approaches or the implementation of the Redlight Photo Enforcement Program; 2.1.4. Provide assistance to Redflex in obtaining access to the records data of the Department of Motor Vehicles in Redflex's capacity as an independent contractor to the Customer; and enjoin or prevent such a breach, including without limitation an action for specific performance hereof. 11.17. APPLICABLE LAW. This Agreement shall be governed by and construed in all respects solely in accordance with the laws of the State of California, United States. ies hereto, and shall not in any way be deemed to affect the meaning, 16 principal and agent or otherwise permit either party to incur any 15 ortion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. 4 EXHIBIT"D" COMPENSATION & PRICING Commencing on the expiration of the Warning Period for each Designated Intersection Approach, Customer shall be obligated to pay Redflex a fixed fee of$ 6,000 per month for each Designated Intersection Approach ("Fixed Fee") as full remuneration for performing all of the services contemplated in this Agreement. Cost Neutrality Cost neutrality is assured to Customer. Cost neutrality is assured to Customer using this methodology as Customer will never pay Redflex more than actual cash received. The Customer agrees to pay Redflex within thirty (30) days after the invoice is received. City shall be obligated to pay the cumulative balance invoiced by Redflex, in accordance with terms set forth above, to the extent of gross cash received by the City from automated red light violations. In the event that a balance remains unpaid due to a deficit in gross cash received by the City compared to invoiced amounts, City will provide to Redflex with each monthly payment, an accounting of such gross receipts supporting the amount withheld. 1. In the event that the contract ends or is terminated and an invoiced balance is still owed to Redflex, all subsequent receipts from automated red light violations for a period of 12 months from date of termination will beapplied to such balance and paid to Redflex 2. Payment will only be made by Customer up to the amount of cash received by Customer from the County through the collection of red light citation up to the amount currently due. 3. Customer to open special revenue account and payments to Redflex will come only from the available balance in that account up to the amount currently due, including any unpaid prior invoiced amounts. 4. Intersection approaches can be relocated to a new site at the customers request and expense. 25 t of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, and coordination between Redflex, the Customer and juvenile court personnel; and 1.17. Provide reasonable public relations resources and media materials to the Customer in the event that the Customer elects to conduct a public launch of the Redlight Photo Enforcement Program. 1.18. Citation processing and citation re-issuance 2. CUSTOMER OBLIGATIONS. The Customer shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Customer's sole expense): 2.1.1. Appoint the Project Manager; 2.1.2. Assist Redflex in obtaining the Drawings from the relevant Governmental Authorities; 2.1.3. Notify Redflex of any specific requirements relating to the construction and installation of any Intersection Approaches or the implementation of the Redlight Photo Enforcement Program; 2.1.4. Provide assistance to Redflex in obtaining access to the records data of the Department of Motor Vehicles in Redflex's capacity as an independent contractor to the Customer; and enjoin or prevent such a breach, including without limitation an action for specific performance hereof. 11.17. APPLICABLE LAW. This Agreement shall be governed by and construed in all respects solely in accordance with the laws of the State of California, United States. ies hereto, and shall not in any way be deemed to affect the meaning, 16 principal and agent or otherwise permit either party to incur any 15 ortion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. A BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS: 1. Redflex construction will be able to utilize existing conduit for installation where space is available. 2. Each year the pricing will increase by the CPI. CPI will be derived from the publication of the U.S. Department of Labor Consumer Price Index for U.S. City average. 3. Except where a balance remains unpaid due to a deficit in the gross cash received as described herein, Customer agrees to pay Redflex within thirty (30) days after the invoice is received. A monthly late fee of 1.5% is payable for amounts remaining unpaid 60 days from date of invoice. 26 of the Red Light Vehicle Tickets and to bring it to Council at the September 8, 2009 City Council Meeting. .OV11'r 7"a J;'?H13O:a Jr; f'JO) Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) • 0 4 Exhibit "E" Additional Rights and Obligations Redflex and the Customer shall respectively have the additional rights and obligations set forth below: 1. Redflex shall assist the Customer in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the Redlight Photo Enforcement Program (actual print and production costs are the sole responsibility of the Customer). 2. Redflex shall be solely responsible for installing such Signage. The Redflex shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any Governmental Authority ("Signage"), including but not limited to the Vehicle Code, and shall assist in determining the placement of such Signage. 3. The Redflex Project Manager and the Police Project Manager shall meet on a weekly basis during the period commencing as of the date of execution hereof and ending on the Installation Date, and on a monthly basis for the remainder of the Term, at such times and places as the Redflex Manager and the Customer Manager shall mutually agree. 4. The Customer shall not access the Redflex System or use the Redlight Photo Enforcement Program in any manner other than prescribe by law and which restricts or inhibits any other Person from using the Redflex System or the Redflex Photo Enforcement Program with respect to any Intersection Approaches constructed or maintained by Redflex for such Person, or which could damage, disable, impair or overburden the Redflex System or the Redflex Photo Enforcement Program, and the Customer shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Redflex System, or (iii) any materials or information not intentionally made available by Redflex to the Customer by means of hacking, password mining or any other method whatsoever, nor shall the Customer cause any other Person to do any of the foregoing. 5. The Customer shall maintain the confidentiality of any usemame, password or other process or device for accessing the Redflex System or using the Redlight Photo Enforcement Program. 6. Each of Redflex and the Customer shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, each of Redflex and the Customer shall obey any and all such rules and regulations. 7. The Customer shall promptly reimburse Redflex for the cost of repairing or replacing any portion of the Redflex System, or any property or equipment related thereto, damaged directly or indirectly by the Customer, or any of its employees, contractors or agents. 27 erformance hereof. 11.17. APPLICABLE LAW. This Agreement shall be governed by and construed in all respects solely in accordance with the laws of the State of California, United States. ies hereto, and shall not in any way be deemed to affect the meaning, 16 principal and agent or otherwise permit either party to incur any 15 ortion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. Insurance 1. During the Term, Redflex shall procure and maintain and Redflex's sole cost and expense the following insurance coverage with respect to claims for injuries to persons or damages to property which may arise from or in connection with the performance of work or services pursuant to this Agreement by Redflex, and each of Redflex's subcontractors, agents, representatives and employees: 2. Commercial General Liability Insurance. Commercial General Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage; 3. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury or property damage, including but not limited to coverage for all automobiles owned by Redflex, hired by Redflex, and owned by third parties; 4. Professional Liability (Errors and Omissions) Insurance. Redflex will use its commercial best efforts to procure and maintain Professional Liability (Errors and Omissions) Insurance with coverage of not less than One Million Dollars ($1,000,000)per occurrence and in the aggregate. 5. Workers' Compensation and Employer's Liability Insurance. Workers' Compensation Insurance with coverage of not less than the limits required by the Labor Code of the State of (insert name), Employer's Liability Insurance with coverage of not less than One Million Dollars ($1,000,000)per occurrence. 6. With respect to the insurance described in the foregoing Section of this Exhibit E, any deductibles or self-insured retentions must be declared to and approved by the Customer, and any changes to such deductibles or self-insured retentions during the Term must be approved in advance in writing by the Customer. 7. With respect to the Commercial General Liability Insurance the following additional provisions shall apply: a. The Customer Parties shall be covered as additional insureds with respect to any liability arising from any act or omission of any Redflex Parties on the premises upon which any such Redflex Parties may perform services pursuant to this Agreement, and such coverage shall contain no special limitations on the scope of protection afforded to such additional insureds. b. The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the Customer Parties shall be in excess, and not in contribution to, such insurance. c. Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the Customer Parties, and such insurance policies shall state the such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies. 2g e laws of the State of California, United States. ies hereto, and shall not in any way be deemed to affect the meaning, 16 principal and agent or otherwise permit either party to incur any 15 ortion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. • 8. With respect to the insurance described in the foregoing Section of this Exhibit E, each such insurance policy shall be endorsed to state that the coverage provided thereby shall not be cancelled except after thirty (30) calendar days' prior written notice to the Customer. If any of the Redflex Parties are notified by any insurer that any insurance coverage will be cancelled, Redflex shall immediately provide written notice thereof to the Customer and shall take all necessary actions to correct such cancellation in coverage limits, and shall provide written notice to the Customer of the date and nature of such correction. If Redflex, for any reason, fails to maintain the insurance coverage required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement, and the Customer shall have the right, but not the obligation and exercisable in its sole discretion, to either (i) terminate this Agreement and seek damages from Redflex for such breach, or (ii) purchase such required insurance, and without further notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, any premium costs advance by the Customer for such insurance. If the premium costs advanced by the Customer for such insurance exceed any amounts due to Redflex pursuant to this Agreement, Redflex shall promptly remit such excess amount to the Customer upon receipt of written notice thereof. 9. Redflex shall provide certificates of insurance evidencing the insurance required pursuant to the terms of this Agreement, which certificates shall be executed by an authorized representative of the applicable insurer, and which certificates shall be delivered to the Customer prior to Redflex commencing any work pursuant to the terms of this Agreement. 29 changes to such deductibles or self-insured retentions during the Term must be approved in advance in writing by the Customer. 7. With respect to the Commercial General Liability Insurance the following additional provisions shall apply: a. The Customer Parties shall be covered as additional insureds with respect to any liability arising from any act or omission of any Redflex Parties on the premises upon which any such Redflex Parties may perform services pursuant to this Agreement, and such coverage shall contain no special limitations on the scope of protection afforded to such additional insureds. b. The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the Customer Parties shall be in excess, and not in contribution to, such insurance. c. Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the Customer Parties, and such insurance policies shall state the such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies. 2g e laws of the State of California, United States. ies hereto, and shall not in any way be deemed to affect the meaning, 16 principal and agent or otherwise permit either party to incur any 15 ortion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. Exhibit F FORM OF ACKNOWLEDGMENT AND CONSENT This Acknowledgement and Consent, dated as of , 2007, is entered into by and between the City of (the "City") and Redflex Traffic Systems, Inc., ("Redflex"), with reference to the Agreement between the city of and Redflex Traffic Systems, inc. for Photo red light enforcement program, dated as of , by and between the City and Redflex (the "Agreement"). 1. Redflex has entered into a Credit Agreement, dated as of August 3, 2003 (the "Harris-Redflex Credit Agreement"), with Harris Trust and Savings Bank(the "Bank"),pursuant to which the Bank has provided certain working capital credit facilities to Redflex. Such credit facilities will provide Redflex the working capital that it needs to perform its obligations to the City under the Agreement. 2. Pursuant to the Harris-Redflex Credit Agreement, Redflex has granted Harris a security interest in all of Redflex's personal property as collateral for the payment and performance of Redflex's obligations to the Bank under the Harris-Redflex Credit Agreement. Such security interest applies to and covers all of Redflex's contract rights, including, without limitation, all of Redflex's rights and interests under the Agreement. 3. Redflex will not, by virtue of the Harris-Redflex Credit Agreement,be relieved of any liability or obligation under the Agreement, and the Bank has not assumed any liability or obligation of Redflex under the Agreement. 4. The City hereby acknowledges notice of, and consents to, Redflex's grant of such security interest in favor of the Bank in all of Redflex's rights and interests under the Agreement pursuant to the Harris-Redflex Credit Agreement. 5. The City further acknowledges and agrees that this Acknowledgement and Consent shall be binding upon the City and shall inure to the benefit of the successors and assigns of the Bank and to any replacement lender which refinances Redflex's obligations to the Bank under the Harris-Redflex Credit Agreement. IN WITNESS WHEREOF, the City and Redflex have caused this Acknowledgement and Consent to be executed by their respective duly authorized and elected officers as of the date first above written. The City: Redflex: CITY OF GRAND TERRACE, a REDFLEX TRAFFIC SYSTEMS, INC., Municipal Corporation j a Delaware Corporation By: By: Name: Name: ' Title: Title: 30 e of protection afforded to such additional insureds. b. The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the Customer Parties shall be in excess, and not in contribution to, such insurance. c. Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the Customer Parties, and such insurance policies shall state the such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies. 2g e laws of the State of California, United States. ies hereto, and shall not in any way be deemed to affect the meaning, 16 principal and agent or otherwise permit either party to incur any 15 ortion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. The Blue xlaontain city CALIFORN Grand TerraceIA AGENDA REPORT MEETING DATE: August 25,2009 Council Item(X) CRA Item () TITLE: Grand Terrace Road Street Parking Study. PRESENTED BY: Richard Shields,Director of Building and Safety/Public Works. Craig Neustaedter,Transportation Engineering and Planing. RECOMMENDATION: Direct Staff to install"No parking" and"No Stopping" signs on portions of Grand Terrace Road and conduct a speed profile survey as requested by recommendations 1-6 below pursuant to City Traffic Engineers requests. BACKGROUND: The Blue Mountain Senior Housing Complex has recently been opened on the south side of Grand Terrace Road. This site is adjacent to Terrace View Elementary School. Since the opening of the senior housing project, complaints have been received concerning: 1) lack of sufficient unobstructed sight distance for vehicles exiting the complex's eastern driveway onto Grand Terrace Road. ; 2) lack of sufficient unobstructed sight distance for westbound vehicles entering the intersection of Grand Terrace Road at Mount Vernon Avenue. ; and 3) the travel way on Grand Terrace Road is obstructed in the eastbound and westbound direction due to parents dropping off and picking up school children attending Terrace View Elementary School. DISCUSSION: Grand Terrace Road is two lanes wide with full on street parking. There is no posted speed limit on Grand Terrace Road. Section CVC 22352 mandating a 25-mph school speed zone is applicable when children are present in front of the school site. Otherwise Section CVC 22350 is applicable for Grand Terrace Road which states that 11no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property." Page 1 of 3 COUNCIL AGENDA ITEM NO. 8 aused this Acknowledgement and Consent to be executed by their respective duly authorized and elected officers as of the date first above written. The City: Redflex: CITY OF GRAND TERRACE, a REDFLEX TRAFFIC SYSTEMS, INC., Municipal Corporation j a Delaware Corporation By: By: Name: Name: ' Title: Title: 30 e of protection afforded to such additional insureds. b. The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the Customer Parties shall be in excess, and not in contribution to, such insurance. c. Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the Customer Parties, and such insurance policies shall state the such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies. 2g e laws of the State of California, United States. ies hereto, and shall not in any way be deemed to affect the meaning, 16 principal and agent or otherwise permit either party to incur any 15 ortion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. .. a CC-2009-115 MOTION BY MAYOR FERRE, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 4-0-1-0 (COUNCILMEMBER CORTES WAS ABSENT),to table this item and direct the City Manager,Community and Economic Development Director and the Traffic Engineer to meet with the Colton Joint Unified School District, Joseph Ayala and his leadership team and his PTA Board to come up with some solutions that will be satisfactory to everyone. .014 Wit A01130A JtD14103 rees to pay Redflex within thirty (30) days after the invoice is received. A monthly late fee of 1.5% is payable for amounts remaining unpaid 60 days from date of invoice. 26 of the Red Light Vehicle Tickets and to bring it to Council at the September 8, 2009 City Council Meeting. .OV11'r 7"a J;'?H13O:a Jr; f'JO) Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) The minimum unobstructed sight distance requirement at 25 mph is 150 feet. This minimum is for both the eastbound and westbound approaches on Grand Terrace Road to the senior center east driveway. However, if vehicles are parked adjacent to the driveway, the sight distance would become obstructed. The problems cited above are caused by parked vehicles that pickup students at the start and end of the school day. These vehicles obstruct the sight distance at the senior housing driveway and the westbound approach to Grand Terrace Road at the Mount Vernon Avenue intersection. These vehicles also obstruct the travel way on Grand Terrace Road. A part of the westbound Grand Terrace Road approaching the intersection with Mount Vernon Avenue does not have adequate width to allow on street parking. On eastbound Grand Terrace Road in the area adjacent to Terrace View Elementary School, parents frequently double park to drop off and pick up school children. RECOMMENDATIONS: Remedial steps are recommended entailing installation of a combination of"No Stopping" and "No Parking" zones with enhanced police enforcement. "No stopping" zones are recommended at locations where it is necessary to preserve the unobstructed sight distance at all times, or to ensure that there is adequate travel way for moving vehicles. "No Parking" zones are recommended at locations which may be used as loading zones. Dr. Joseph Adeyemo, the principal of Terrace View Elementary School was contacted to inform him of this proposal to restrict parking in front of this school site in order to facilitate the loading of children. Dr. Adeyemo concurred with this recommendation. Per the California Vehicle Code (CVC), City Council is required to approve designation of these on street parking restrictions for them to be legally enforceable. Specific recommendations include the following as shown on Exhibit"A"attached. : 1) Designate "No Stopping" zone on the east and west sides of the senior center east driveway. These no stopping areas should be a minimum of 30 feet on both sides of the driveway. 2) Designate "No Stopping" zone on the north side of Grand Terrace Road from the curb return at Mount Vernon Avenue to 195 feet east. 3) Designate "No Parking" zone on the south side of Grand Terrace Road from the curb return at Mount Vernon Avenue to 125 feet east. Page 2 of 3 30 e of protection afforded to such additional insureds. b. The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the Customer Parties shall be in excess, and not in contribution to, such insurance. c. Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the Customer Parties, and such insurance policies shall state the such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies. 2g e laws of the State of California, United States. ies hereto, and shall not in any way be deemed to affect the meaning, 16 principal and agent or otherwise permit either party to incur any 15 ortion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. 4) Designate "No Parking" zone on the south side of Grand Terrace Road from the no stopping zone on the east side of the senior center driveway, and fronting Terrace View Elementary School. The no parking restriction should be limited from the hours of 7:00 A.M.to 3:00 P.M.. 5) Encourage the sheriffs department to enhance traffic enforcement on Grand Terrace Road for an interim period to encourage driver compliance with the new parking restrictions. 6) Perform speed profile surveys to determine appropriate speed zoning for Grand Terrace Road FISCAL IMPACT: If signs are approved,the cost of the sign will be taken from the Road Maintenance fund account No.16-900-258, which currently has $30,000. It is estimated that ten(10) signs will be needed at an approximate cost of $2000. If the speed profile study is approved, the cost will be approximately $1,500. The cost for the entire review of traffic and parking on Grand Terrace Road to date is $1,430. The estimated total cost for the traffic study and signs is $4,730. The signs that may be required due to the speed profile on Grand Terrace Road will be determined after the review. Respectfully submitted, 4Jui4.0042.1tA Ric and Shields Director of Building and Safety/Public Works Manager Approval: Bernie Simon Acting City Manager ATTACHMENTS: Exhibit"A" Page 3 of 3 deyemo, the principal of Terrace View Elementary School was contacted to inform him of this proposal to restrict parking in front of this school site in order to facilitate the loading of children. Dr. Adeyemo concurred with this recommendation. Per the California Vehicle Code (CVC), City Council is required to approve designation of these on street parking restrictions for them to be legally enforceable. Specific recommendations include the following as shown on Exhibit"A"attached. : 1) Designate "No Stopping" zone on the east and west sides of the senior center east driveway. These no stopping areas should be a minimum of 30 feet on both sides of the driveway. 2) Designate "No Stopping" zone on the north side of Grand Terrace Road from the curb return at Mount Vernon Avenue to 195 feet east. 3) Designate "No Parking" zone on the south side of Grand Terrace Road from the curb return at Mount Vernon Avenue to 125 feet east. Page 2 of 3 30 e of protection afforded to such additional insureds. b. The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the Customer Parties shall be in excess, and not in contribution to, such insurance. c. Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the Customer Parties, and such insurance policies shall state the such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies. 2g e laws of the State of California, United States. ies hereto, and shall not in any way be deemed to affect the meaning, 16 principal and agent or otherwise permit either party to incur any 15 ortion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. E 'ihibit 'A" , Grand Terrace Road, East of Mt.Vernon Avenue — Proposed Parking Controls r,Ilsk, ,... . s,...c, - „,* 6. , 4“, ' ...„1•40€ ‘' • —- f— tir,...i!,;;• .; 1 iii liF ' , ,,t ,... ,*), NoParking l' , arng _ . . ' A A, 7 AM to 3 PM iv• --- i , 7* South Side _.;,!.."...,, • - ''' 4, • ..t. 00,A0 , • - , .,,.I No Stopping : .,t P South Side , ,,,,4. --;:f 7*•1 '' '-'''' ' . - Ilb` _ \ i'41' r '' 41 4''''. - No Stopping . 1,1,-,' -,-, ,- '' - , . ,--.. . '-.,'- Ilgrq"' _ , . ,,,ii it i--,-71-. _;,'.`.;14_Hos101001111111011141'' . la% ,..t North Side . - ...A.. A ,! "e . " I !1' ' -1 ii . . .,,,. '' ,44:,'7 :,..1:t. i.' . AO ,.. I I.. -,. ,, -,,, . , _. .4. A lit6 Sit #4i - _ * _,... , '- i Liz ,1 Terrace View Elementary ...;?,,,, 4,-,-;:, '',f• ''Ilr - i r School .., , ,. 1 i ,41 :1' . -.' 'Er. W ,Ai ras• 0-- • • • ' 1 ' t.'' r • - 'I • 0-- , -.0,- ,--. • * ..4;,. , 'il. • - .,, . „ Sr. Center Location No Parking , - '‘ '‘4 Driv7waylocati on -`'lL ....ii: '. :. ; .?, 7 AM to 3 PM ; ., ...- ilik ,...z....,., -. .., , iii: - South Side __. ' • 01iirlir ., 1 :,z-fAll '4,, -t Ili , isii-c--410.60, r '1""'` ' ^ 7.7 - rlitii c...1,•.1,rig 0 k*t.3 - t • - ' .. Designate "No Parking" zone on the south side of Grand Terrace Road from the curb return at Mount Vernon Avenue to 125 feet east. Page 2 of 3 30 e of protection afforded to such additional insureds. b. The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the Customer Parties shall be in excess, and not in contribution to, such insurance. c. Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the Customer Parties, and such insurance policies shall state the such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies. 2g e laws of the State of California, United States. ies hereto, and shall not in any way be deemed to affect the meaning, 16 principal and agent or otherwise permit either party to incur any 15 ortion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. ibe Blue Moulin NJ `\ Grand Terrace AGENDA REPORT CALIFORNIA MEETING DATE: August 25, 2009 Council Item(X) CRA Item ( ) TITLE: Discussion on Workshop Process for Policy Development and Important Topics PRESENTED BY: Bernie Simon, Finance Director and Acting City Manager RECOMMENDATION: Direct Staff to Generally Present Important Policy Development V, a and Important Topics as Agenda Information Items or Discussion Items prior to Agenizing as an Action Item a BACKGROUND: >3 ' `' Council Member Stanckiewitz requested a discussion on workshops for development of city policy issues and important topics. DISCUSSION: hn03 In some cities,many important or controversial items are presented via workshop and later o presented on the agenda for council action, sometimes even in the same day. However, the U process is time consuming for both staff and council members and frequently not all council vcd members are able to attend all workshops. Workshops are generally used for general plan updates, budget reviews, important contract renewals and controversial development approvals. ° ° .„Staff is at the direction from the city council for items agenized in a workshop forum. Generally, i staff is aware of agenda items that usually would need a workshop. The workshop subject,time E and place of the workshop would then be set by a majority vote of the city council. Should any council member feel that an agenda item under consideration at a regular council E ° meeting requires extra time for discussion or public input, that council member may make a o motion to bring the item back to a workshop for further discussion. .d Alternatively, should any council member feel that an agenda item under consideration at a o regular council meeting requires extra time for discussion or public input, that council member I may make a motion to table the item to the next meeting or a certain meeting for further a 3 0 b consideration, research or input rather than taking action on the item at that meeting. U The city manager may also seek direction from council at a meeting to see if a majority of members are interested in discussing an important upcoming agenda item in a workshop. COUNCIL AGENDA ITEM NO. C�Qe f n afforded to such additional insureds. b. The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the Customer Parties shall be in excess, and not in contribution to, such insurance. c. Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the Customer Parties, and such insurance policies shall state the such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies. 2g e laws of the State of California, United States. ies hereto, and shall not in any way be deemed to affect the meaning, 16 principal and agent or otherwise permit either party to incur any 15 ortion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. It is staff opinion that workshops be only used for major issues considering the size of our city and the size of the staff. It would probably be more appropriate to present important policy issues and other important issues as discussion items the first time and then bring back the item to a succeeding meeting for action. ALTERNATIVE RECOMMENDATIONS: 1)No action 2) Table discussion of this issue until permanent City Manager is appointed. FISCAL IMPACT: None by this report. Respectfully submitted, Bernie Simon Finance Director and Acting City Manager Manager Approval: 44r,-/Ve/le' - Bernie Simon Acting City Manager ATTACHMENTS: None ng it to Council at the September 8, 2009 City Council Meeting. .OV11'r 7"a J;'?H13O:a Jr; f'JO) Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) The Blue 3Iouolaie Cily Grand TFOerrRNIA ace AGENDA REPORT MEETING DATE: August 25, 2009 Council Item(X) CRA Item ( ) TITLE: Interview Applicants for Planning Commission and Consider Appointment to Fill an Unexpired Term PRESENTED BY: Brenda Mesa, City Clerk RECOMMENDATION: INTERVIEW APPLICANTS AND APPOINT THE CHOSEN INDIVIDUAL TO FILL THE UNEXPIRED TERM ON THE PLANNING COMMISSION SCHEDULED TO EXPIRE JUNE 30, 2010 BACKGROUND: The City Council accepted the resignation of Brian Phelps from the Planning Commission on July 14, 2009 creating an unexpired term scheduled to expire June 30, 2010. Council directed staff to advertise and accept applications with a deadline of August 17tn DISCUSSION: The following individuals submitted applications and will be attending the meeting to participate in the interview process: Jeffrey McConnell Robert Bailes FISCAL IMPACT: None The Council appointed Robert Bailes by majority vote to fill an unexpired term on the Planning Commission to continue to June 30, 2010. COUNCIL AGENDA ITEM NO.BD reviews, important contract renewals and controversial development approvals. ° ° .„Staff is at the direction from the city council for items agenized in a workshop forum. Generally, i staff is aware of agenda items that usually would need a workshop. The workshop subject,time E and place of the workshop would then be set by a majority vote of the city council. Should any council member feel that an agenda item under consideration at a regular council E ° meeting requires extra time for discussion or public input, that council member may make a o motion to bring the item back to a workshop for further discussion. .d Alternatively, should any council member feel that an agenda item under consideration at a o regular council meeting requires extra time for discussion or public input, that council member I may make a motion to table the item to the next meeting or a certain meeting for further a 3 0 b consideration, research or input rather than taking action on the item at that meeting. U The city manager may also seek direction from council at a meeting to see if a majority of members are interested in discussing an important upcoming agenda item in a workshop. COUNCIL AGENDA ITEM NO. C�Qe f n afforded to such additional insureds. b. The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the Customer Parties shall be in excess, and not in contribution to, such insurance. c. Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the Customer Parties, and such insurance policies shall state the such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies. 2g e laws of the State of California, United States. ies hereto, and shall not in any way be deemed to affect the meaning, 16 principal and agent or otherwise permit either party to incur any 15 ortion thereof, or the validity of the Citations issued, prosecuted and 12 shall acquire no right or interest by reason of such attempted assignment, sublease,hypothecation or transfer. 3 provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen. (15) days of the_commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 ❑Contract Database 0 FAS Input Date Keyed By and total-All Pages $ 197,173,139 $ 10,460,828 $ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. �! .S J/• / ***This payment will be made as soon as the Agency is no longer precluded from doing so. 7 � , Respectfully submitted, /C3A17/1-4( Brenda Mesa City Clerk Manager Approval: Bernie Simon Acting City Manager ATTACHMENTS: Applications ' r rst time and then bring back the item to a succeeding meeting for action. ALTERNATIVE RECOMMENDATIONS: 1)No action 2) Table discussion of this issue until permanent City Manager is appointed. FISCAL IMPACT: None by this report. Respectfully submitted, Bernie Simon Finance Director and Acting City Manager Manager Approval: 44r,-/Ve/le' - Bernie Simon Acting City Manager ATTACHMENTS: None ng it to Council at the September 8, 2009 City Council Meeting. .OV11'r 7"a J;'?H13O:a Jr; f'JO) Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution)