08/25/2009 ILE COP
GRAP7D,TERR C August 25,2009
22795 Barton Road
Grand Terrace•-
California 92313-5295
Civic Center CITY OF GRAND TERRACE
(909)82476621
Fax(909).783-7629
Fax-(909)783-2600
Mary'etta Ferre RA/CITY ,COUNCIL
Mayor REGULAR MEETINGS
Lee Ann Garcia
Mayor-Pro Tent 2� AND 4TH-Tuesday - 6:00 p.M._
Bea Cortes
r Jim Miller
Walt Stanckiewitz
Council Members
Bernie Simon-
, ' Acting City Manager -
Council'Chambers
Grand Terrace Civic Center
22795 Barton Road
Grand Terrace, CA.92313-5295
CITY OF GRAND TERRACE
COUNCIL MEETING
AGENDA
CITY COUNCIL CHAMBERS August 25,2009
GRAND TERRACE CIVIC CENTER 6:00 p.m.
22795 Barton Road
THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU
REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CALL THE CITY CLERK'S OFFICE AT
(909)824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING.
IF YOU DESIRE TO ADDRESS THE CITY COUNCIL DURING THE MEETING,PLEASE COMPLETE A REQUEST TO
SPEAK FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL BE CALLED
UPON BY THE MAYOR AT THE APPROPRIATE TIME.
ANY DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL REGARDING ANY ITEM ON THIS AGENDA
WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE AT CITY HALL LOCATED AT
22795 BARTON ROAD DURING NORMAL BUSINESS HOURS. IN ADDITION,SUCH DOCUMENTS WILL BE POSTED ON
THE CITY'S WEBSITE AT WWW.CITYOFGRANDTERRACE.ORG
* Call to Order-
* Invocation-
* Pledge of Allegiance-
* Roll Call-
STAFF COUNCIL
AGENDA ITEMS RECOMMENDATION ACTION
CONVENE COMMUNITY REDEVELOPMENT AGENCY
1. Approval of 0841-2009 Minutes Approve
ADJOURN COMMUNITY REDEVELOPMENT AGENCY
CONVENE CITY COUNCIL
1. Items to Delete
2. SPECIAL PRESENTATIONS
A. Chamber of Commerce Business of the Month
3. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and
noncontroversial. They will be acted upon by the Council at one time
without discussion. Any Council Member,Staff Member,or Citizen
may request removal of an item from the Consent Calendar for
discussion. i
A. Approve Check Register Dated 08-25-2009 Approve
B. Waive Full Reading of Ordinances on Agenda
COUNCIL AGENDA
08-25-2009 PAGE 2 OF 2
AGENDA ITEMS STAFF COUNCIL
RECOMMENDATIONS ACTION
C. Approval of 08-11-2009 Minutes Approve
D. Animal Shelter Agreement-City of San Bernardino Approve
E. Street Maintenance Contractor(Roquet Paving) Approve
F. Measure I Audit-FY 2007-08 Approve
4. PUBLIC COMMENT _
1�
This is the opportunity for members of the public to comment on any
items not appearing on the regular agenda. Because of restrictions
contained in California Law,the City Council may not discuss or act
fon any item not on the agenda,but may briefly respond to statements
made or ask a question for clarification. The Mayor may also
request a brief response from staff to questions raised during public
comment or may request a matter be agendized for a future meeting.
5. REPORTS
A. Committee Reports
1. Community Emergency Response Team(C.E.R.T.)
a. Minutes of July 7,2009 Accept
B. Council Reports
6. PUBLIC HEARINGS-None
7. UNFINISHED BUSINESS-None
8. NEW BUSINESS
A. Redflex Financial Update Approve
B. Grand Terrace Road Street Parking Study Approve
C. Discussion on Workshop Process for Policy Development and
Important Topics
D. Interview Applicants for Planning Commission and Consider Interview/Appoint
Appointment to fill an Unexpired Term
9. CLOSED SESSION-None
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ADJOURN CITY COUNCIL
i
THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON
TUESDAY, SEPTEMBER 8,2009 AT 6:00 P.M.
AGENDA ITEM REQUESTS MUST BE SUBMITTED IN WRITING
TO THE CITY CLERK'S OFFICE NO LATER THAN 14
CALENDAR DAYS PRECEDING THE MEETING.
PENDING CRA APPROVAL
CITY OF GRAND TERRACE
COMMUNITY REDEVELOPMENT AGENCY MINUTES
REGULAR MEETING-AUGUST 11,2009
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 11, 2009 at 6:00 p.m.
PRESENT: Maryetta Ferre, Chairman
Lee Ann Garcia,Vice-Chairman
Bea Cortes, Agency Member
Jim Miller, Agency Member
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
John Harper, City Attorney
Lt. Tony Allen, Sheriff s Department
ABSENT: . John Salvate, San Bernardino County Fire Department
CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6:00 P.M.
APPROVAL OF 07-28-2009 MINUTES
CRA-2009-36 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER
STANCKIEWITZ, CARRIED 5-0, to approve the July 28, 2009 Community
Redevelopment Agency Minutes.
AWARD CONTRACT FOR COMMUNITY SIGN PROJECT(GTB-09-04)QUIEL
BROTHERS ELECTRIC SIGN SERVICE COMPANY, INC.)
CRA-2009-37 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER
STANCKIEWITZ,CARRIED 5-0,to approve a$72,435 budget appropriation from
the undesignated available fund balance (80%) for project costs plus a,10%
construction contingency.
RESOLUTION - CHANGE AUTHORIZED SIGNATURES FOR LOCAL
AGENCY INVESTMENT FUND (LAIF)
CRA-2009-38 MOTION BY AGENCY MEMBER CORTES,SECOND BY AGENCY MEMBER
STANCKIEWITZ, CARRIED 5-0,to approve a Resolution authorizing signers for
CRA AGENDA ITEM NO. 0
i
Community Redevelopment Agency Minutes
August 11,2009
Page 2
Local Agency Investment Fund (LAIF).
BUDGET APPROVAL FOR THE ACQUISITION OF REAL PROPERTY IN THE
22100 BLOCK OF BARTON ROAD (APN#0275-242-10)
CRA-2009-39 MOTION BY AGENCY MEMBER STANCKIEWTIZ, SECOND BY AGENCY
MEMBER MILLER, CARRIED 5-0, to appropriate $210,000 from undesignated
available 80%Redevelopment Fund balance to a project account established by the
Finance Department to fund related project costs and authorize the Acting Agency
Executive Director to execute the escrow documents and complete all actions
necessary to carry out the acquisition and demolition.
Chairman Ferre adjourned the Community Redevelopment Agency Meeting at 6:15 p.m:,until the
next CRA/City Council Meeting that is scheduled to be held on Tuesday,August 25, 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
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vchlist Voucher List Page: 1
08/19/2009 4:01:08PM CITY OF GRAND TERRACE
Bank code: bofa
Voucher Date Vendor Invoice Description/Account Amount
64043 8/17/2009 001840 CITY OF COLTON APRIL 2009 April 2009 Wastewater Treatment
21-570-802-000-000 99,381.52
Total : 99,381.52
64044 8/17/2009 001840 CITY OF COLTON MAY 2009 May 2009 Wastewater Treatment
21-570-802-000-000 98,142.74
Total : 98,142.74
64045 8/17/2009 001840 CITY OF COLTON JUNE, 2009 June Wastewater Treatment
21-570-802-000-000 98,835.23
Total : 98,835.23
64091 8/25/2009 010745 D & E ELECTRICAL CONTRACTORS 465 Rollins Park Volt Circuit Installation
10-450-245-000-000 8,043.00
466 Parking Lot Walkway lighting
10-180-706-000-000 2,535.00
Total : 10,578.00
64092 8/25/2009 010690 LSA ASSOCIATES INC. 92201 F March Professional Services
32-600-212-000-000 55,311.29
92781 F April Professional Services
32-600-212-000-000 7,24353
Total : 62,554.82
64093 8/25/2009 006285 RIVERSIDE HIGHLAND WATER CO 2274 April-May Wastewater bill processing
21-572-255-000-000 1,735.89
2276 June Wastewater bill processing
21-572-255-000-000 866.47
Total : 2,602.36
64094 8/25/2009 010556 S. B. COMMUNITY COLLEGE DIST. 08-09 PASS THI FY 08-09 Statutory Pass Through pmt
33-021-20-00 32,098.00
Total : 32,098.00
64095 8/25/2009 006453 S.B. COUNTY AUDITOR/CONTROLLER 08-09 ERAF FY 08-09 Pass Through Payment
33-021-20-00 143,430.00
Page: 1
COUNCIL AGENDA ITEM NO. Q
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vchlist Voucher List Page: 2
08/19/2009 4:01:08PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
64095 8/25/2009 006453 S B. COUNTY AUDITOR/CONTROLLER (Continued) Total : 143,430.00
64096 8/25/2009 006531 S.B COUNTY SHERIFF 9272 General/Overtime Expenses
10-410-250-000-000 17,142.93
10-410-256-000-000 4,035.18
Total : 21,178.11
64097 8/25/2009 010712 TASO TECH, INC. 459 Network Support Services
10-380-250-000-000 420.00
Total : 420.00
10 Vouchers for bank code: bofa Bank total : 569,220.78
10 Vouchers in this report Total vouchers : 569,220.78
Page: 2
I certify that to the best of my knowledge, the afore-listed checks for payment of City and Community
Redevelopment Agency liabilities have been audited by me and are necessary and appropriate for the operation of
City and Agency.
Bernie Simon, Finance Director
City of Grand Terrace
Warrant Register Index
FD No. Fund Name Dept No. Department Name General Account Numbers
10 GENERAL FUND 110 CITY COUNCIL 110 SALARIES/WAGES
11 Street Fund 120 CITY MANAGER 139 EMPLOYEES' BENEFIT PLAN
12 Storm Drain Fund 125 CITY CLERK 140 RETIREMENT
13 Park Fund 140 FINANCE 142 HEALTH/LIFE INSURANCE
14 AB 3229 COPS Fund 160 CITY ATTORNEY 143 WORKERS'COMPENSATION
15 Air Quality Improvement Fund 172 BUILDING&SAFETY 138/141 MEDICARE/SUI
16 Gas Tax Fund 175 PUBLIC WORKS 210 OFFICE EXPENSE
17 Traffic Safety Fund/TDA Fund 180 COMMUNITY SERVICES 218-219 NON-CAPITAL FURN/SMALL TOOLS
19 Facilities Development Fund 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP
20 Measure I Fund 190 GENERAL GOVERNMENT(NON-DEPT) 230 ADVERTISING
21 Waste Water Disposal Fund 370 COMMUNITY&ECONOMIC DEV 235 COMMUNICATIONS
26 LSCPG/LGHTG Assessment Dist 380 MGT INFORMATION SYSTEMS 238-239 UTILITIES
44 Bike Lane Capital Fund 410 LAW ENFORCEMENT 240-242 RENTS&LEASES
46 Street Improvement Projects 430 RECREATION SERVICES 245-246 MAINT BLDG GRNDS EQUIPMNT
47 Barton Rd. Bridge Project 440 CHILD CARE 250-251 PROFESSIONAL SERVICES
32 CRA-CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 255-256 CONTRACTUAL SERVICES
33 CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 260 INSURANCE&SURETY BONDS
34 CRA-LOW&MOD HOUSING 801 PLANNING COMMISSION 265 MEMBERSHIPS& DUES
802 CRIME PREVENTION UNIT 268 TRAINING
804 HISTORICAL&CULTURAL COMM. 270 TRAVEUCONFERENCES/MTGS
805 SENIOR CITIZENS PROGRAM 272 FUEL&VEHICLE MAINTENANCE
807 PARKS&REC COMMITTEE 570 WASTEWATER TREATMENT
808 EMERGENCY OPERATIONS PROG. 33-300 DEBT SERVICE
7XX FACILITIES IMPRV(NO CIP)
700 COMPUTER-RELATED
701 VEHICLES& EQUIPMENT
vchlist Voucher List Page: 1
08/19/2009 3:42:31PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
64035 8/11/2009 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 8-7-09 Contributions for PRend 8/7/09
10-022-62-00 17,707.75
Total : 17,707.75
64036 8/12/2009 010731 STANDARD INSURANCE COMPANY 160-513170-000 AUGUST DENTAL INSURANCE
10-022-61-00 1,160.52
10-180-142-000-000 44.08
10-370-142-000-000 4408
Total : 1,248.68
64037 8/12/2009 010207 U. S. POSTMASTER 08212009 Movie in the Park Postcard Bulk Mailing
23-200-12-00 612.16
Total : 612.16
64038 8/12/2009 004587 MANAGED HEALTH NETWORK MHN AUGUST MHN INSURANCE
10-185-142-000-000 6.40
32-200-142-000-000 6.72
10-180-142-000-000 6.40
_ 10-120-142-000-000 1216
10-125-142-000-000 9.60
10-140-142-000-000 14.40
10-172-142-000-000 3.20
10-175-142-000-000 2.56
10-180-142-000-000 30.08
10-370-142-000-000 12.80
10-380-142-000-000 6.40
10-440-142-000-000 128.00
10-450-142-000-000 16.00
21-572-142-000-000 7.68
32-370-142-000-000 7.68
34-400-142-000-000 8.96
34-800-142-000-000 2.56
Total : 281.60
64039 8/12/2009 010737 WESTERN DENTAL SERVICES INC. Aug 002484 Plai AUGUST EMPLOYEE DENTAL
10-022-61-00 59.04
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vchlist Voucher List Page: 2
08/19/2009 3:42:31PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
64039 8/12/2009 010737 WESTERN DENTAL SERVICES INC. (Continued) Total : 59.04
64040 8/12/2009 006772 STANDARD INSURANCE COMPANY AUG 00607869 AUGUST LIFE AND DISABILITY INS
10-450-142-000-000 10.43
21-572-142-000-000 7.71
32-370-142-000-000 5.06
34-400-142-000-000 963
34-800-142-000-000 2.78
32-200-142-000-000 1006
10-185-142-000-000 695
10-022-66-00 1,174.95
10-120-142-000-000 13.21
10-125-142-000-000 10.42
10-140-142-000-000 15.63
10-172-142-000-000 348
10-175-142-000-000 2.78
10-180-142-000-000 32.04
10-370-142-000-000 12.02
10-380-142-000-000 695
10-440-142-000-000 5435
NOE FILINGS NOE Filings. Bid 09-04/22100 Barton
- 10-370-250-000-000 100.00
Total : 1,478.45
64041 8/13/2009 011069 ORANGE COAST TITLE ESCROW 08122009 ESCROW DEPOSIT FOR 0275-242-10
32-600-308-000-000 2,50000
Total : 2,500.00
64042 8/17/2009 010164 GREAT-WEST PPE 07/27/2009 Emp Def Comp/Loans PPE 7/27/2009
10-022-63-00 4,703.25
10-022-64-00 1,319.70
Total : 6,022.95
64046 8/25/2009 - ---
001145 AMATEUR ELECTRONIC SUPPLY 2097439-01 STANDING WAVE-METER
METER
- -- - -- - - - -- ---- ---- - -- - - - - -- - - - - -- - - - ---- - -
10-808-247-000-000 144.98
Total : 144.98
64047 8/25/2009 010678 ARCHIVE MANAGEMENT SERVICE 0082980 TAPE STORAGE
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vchlist ::;acher List Page: 3
08/19/2009 3:42:31 PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
64047 8/25/2009 010678 ARCHIVE MANAGEMENT SERVICE (Continued)
10-180-250-000-000 55.27
10-140-250-000-000 55.26
Total : 110.53
64048 8/25/2009 010063 BALLOON TEAM PROMOTIONS 08072009 Retirement Party Decorations
23-302-58-00 314.29
Total : 314.29
64049 8/25/2009 011029 COBRA SIMPLE 37 July Cobra Admin. Fees
10-120-220-000-000 50.00
Total : 50.00
64050 8/25/2009 010972 CONSOLIDATED REPROGRAPHICS O42206 Fire Station Web site services
10-190-723-000-000 11756
38941 Misc setup-22720 Vista Grande Way specs
32-600-307-000-000 0.22
39587 Jul Web svc-Glendora Dr Street Imp.
46-200-275-000-000 37.52
Total : 155.30
64051 8/25/2009 010147 CORTES, BEA AUGUST AUTO August Auto Allowance
10-110-273-000-000 200.00
AUGUST STIPE August Council Stipend
32-200-120-000-000 150.00
10-110-120-000-000 166.49
Total : 516.49
64052 8/25/2009 001907 COSTCO#478 2347 C. CARE SUPPLIES
10-440-228-000-000 140.91
10-440-220-000-000 46.97
Total : 187.88
64053 8/25/2009 001950 DATA QUICK BI-1569021 July Subscription Service
21-572-246-000-000 43.50
34-800-220-000-000 43.50
10-380-250-000-000 43.50
Page: 3
vchlist Voucher List Page: 4
08/19/2009 3:42:31PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
64053 8/25/2009 001950 DATA QUICK (Continued) Total : 130.50
64054 8/25/2009 003210 DEPT 32-2500233683 113113/002376,' MAINTENANCE SUPPLIES
10-180-218-000-000 14.39
Total : 14.39
64055 8/25/2009 002301 FEDEX 929715892 Overnight Delivery Charges
10-120-210-000-000 46.31
Total : 46.31
64056 8/25/2009 002450 FERRE', MARYETTA AUG AUTO August Auto Allowance
10-110-273-000-000 20000
AUGUST STIPE August Council Stipend
32-200-120-000-000 150.00
10-110-120-000-000 250.00
Total : 600.00
64057 8/25/2009 002710 FOX OCCUPATIONAL MEDICAL CT. 68679-22842 ILLNESS/INJURY AND NEW HIRE EXAMS
10-190-224-000-000 165.00
Total : 165.00
64058 8/25/2009 002727 FREEMAN COMPANY, J R 418953-0 Misc Office Supplies
10-805-210-000-000 195.47
Total : 195.47
64059 8/25/2009 002740 FRUIT GROWERS SUPPLY 90368319 Sprinkler Supplies
10-440-245-000-000 5.05
90370396 MAINTENANCE AND SUPPLIES
10-450-246-000-000 33.43
90371182 MAINTENANCE AND SUPPLIES
10-450-246-000-000 14.84
Total : 53.32
64060 8/25/2009 002901 G.T. AREA CHAMBER OF COMMERCE 5675-ADS CITY CONTRIBUTION TO JOINT NEWSLETTER
-- ------ - - - --- ---------- - -- - - - -- - - - ------- - - -- - - - - -- - - - -- - - - -
10-125-213-000-000 870.00
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vchlist Voucher List Page: 5
08/19/2009 3:42:31 PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
64060 8/25/2009 002901 G T. AREA CHAMBER OF COMMERCE (Continued)
5676-LUNCH Jul Chamber Lunch-Ferre/Powers/Berry
10-110-270-000-000 8.00
10-370-270-000-000 800
10-120-270-000-000 8.00
Total : 894.00
64061 8/25/2009 002795 GARCIA, LEE ANN AUGUST AUTO August Auto Allowance
10-110-273-000-000 200.00
AUGUST STIPE August Council Stipend
32-200-120-000-000 150.00
10-110-120-000-000 949
Total : 359.49
64062 8/25/2009 010181 GOPHER PATROL 185476 GOPHER CONTROL
10-450-245-000-000 525.00
Total : 525.00
64063 8/25/2009 002909 GRAND TERRACE WOMAN'S CLUB, THE 2009 Advertisement in 2009 Book
10-190-220-000-000 45.00
Total : 45.00
64064 8/25/2009 010164 GREAT-WEST 08172009 PPE 08/07/09 Def Comp
10-022-63-00 4,825.23
Total : 4,825.23
64065 8/25/2009 003152 HARPER & BURNS LLPN 08022009 July Legal Services Rendered
10-160-250-000-000 8,512.50
32-200-251-000-000 8,512.50
Total : 17,025.00
64066 8/25/2009 003224 HYDRO-SCAPE PRODUCTS INC. 06035872-00 LANDSCAPR/MAINTENANCE SUPPLIES
10-450-245-000-000 440.69
06044457-00 LAN DSCAPR/MAINTENANCE SUPPLIES
10-450-245-000-000 23.44
Total : 464.13
64067 8/25/2009 004350 LEAGUE OF CALIFORNIA CITIES, INLANE 08112009 FY 09/10 Division Dues
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08/19/2009 3:42:31 PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
64067 8/25/2009 004350 LEAGUE OF CALIFORNIA CITIES, INLANC(Continued)
10-190-265-000-000 60000
Total : 600.00
64068 8/25/2009 010812 LOWE'S COMMERCIAL SERVICES 10598 MAINT. SUPPLIES
10-450-245-000-000 4.33
10598-A Misc EOC Supplies
10-808-245-000-000 53.29
10598-B Misc Breakroom Supplies
10-190-210-000-000 13.01
10598-C Misc Maint. Supplies
10-440-245-000-000 4.74
90718 Misc. Maintenance Supplies
10-180-218-000-000 159.61
Total : 234.98
64069 8/25/2009 010446 MILLER, JIM AUGUST AUTO August Auto Allowance
10-110-273-000-000 200.00
AUGUST STIPE August Council Stipend
32-200-120-000-000 150.00
10-110-120-000-000 250.00
Total : 600.00
64070 8/25/2009 005024 NEOPOST INC 45354530 Rate Change Protection
10-190-211-000-000 16896
45354947 09/10 Postage Meter Rental
10-190-211-000-000 628.79
Total : 797.75
64071 8/25/2009 005586 PETTY CASH 08172009 Petty Cash Replenishment
10-440-219-000-000 2616
10-440-223-000-000 35.22
Total : 61.38
64072 8/25/2009 005688 PROTECTION ONE 31891344-July ALARM MONITORING
10-180-247-000-000 14.14
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08/19/2009 3:42:31PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
64072 8/25/2009 006688 PROTECTION ONE (Continued) - - __ - - - Total : 14.14
64073 8/25/2009 010565 QUICK LANE Q56780 Maint. Vehicle Maint/Repair
10-180-272-000-000 432.13
Total : 432.13
64074 8/25/2009 006070 REDLANDS PLUMBING/HEATING 21808 PLUMBING SUPPLIES
10-180-245-000-000 73.54
Total : 73.54
64075 8/25/2009 010171 REPUBLIC ELECTRIC 709111 SIGNAL MAINT/REPAIRS
16-510-255-000-000 379.78
709112 SIGNAL MAINT/REPAIRS
16-510-255-000-000 451.68
Total : 831.46
64076 8/25/2009 006331 RONNOW, LARRY 1 Contracting Accounting Svcs
10-140-250-000-000 1,972.00
Total : 1,972.00
64077 8/25/2009 006341 ROSENOW SPEVACEK GROUP INC. 0812009 TAX INCREMENT, PASS THROUGH, STATEMENT
- 34-400-251-000-000 2,125.00
Total : 2,125.00
64078 8/25/2009 006531 S B. COUNTY SHERIFF 9263 LAW ENFORCEMENT SERVICES
10-410-255-000-000 4,228.28
10-410-256-000-000 128,571.06
14-411-256-000-000- 23,803.66
Total : 156,603.00
64079 8/25/2009 010664 SHELL FLEET MANAGEMENT 8000209687908 Maintenance Vehicle Fuel
10-180-272-000-000 637.50
Total : 637.50
64080 8/25/2009 007005 SO CAL LOCKSMITH 9078 Lock Box/Key Service
10-450-245-000-000 3380
34-400-220-000-000 13.05
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08/19/2009 3:42:31PM CITY OF GRAND TERRACE
Bank code: bofa
Voucher Date Vendor Invoice Description/Account Amount
64080 8/25/2009 007005 SO CAL LOCKSMITH (Continued) Total : 46.85
64081 8/25/2009 006720 SO CA.EDISON COMPANY 08042009 July Utility Charges
_ 16-510-238-000-000 5,58460
26-600-238-000-000 49.80
26-601-238-000-000 4150
26-602-238-000-000 58.10
Total : 5,734.00
64082 8/25/2009 006730 SO.CA.GAS COMPANY 08062009 July Utlity/CNG Fuel Charges
10-190-238-000-000 95.14
10-440-238-000-000 31.19
10-180-272-000-000 13.36
10-440-272-000-000 4.45
34-800-272-000-000 4.46
Total : 148.60
64083 8/25/2009 010974 STANCKIEWITZ, WALT AUGUST AUTO August Auto Allowance
10-110-273-000-000 200.00
AUGUST STIPE August Council Stipend
32-200-120-000-000 150.00
10-110-120-000-000 25000
SEPT 2009 Sept Medical Insurance Benefit
10-120-142-000-000 326.00
Total : 926.00
64084 8/25/2009 006778 STAPLES CREDIT PLAN 9723426001 Misc Office Supplies-City Hall Copy
10-190-212-000-000 50.42
9799743001 Misc Office Supplies-EOC
10-808-210-000-000 39.63
Total : 90.05
64085 8/25/2009 006898 SYSCO FOOD SERVICES OF L.A. 908050982 FOOD&SUPPLIES
1.0-440-220-00.0-000__--__ _____ _ _____ __ __ _____ 468.99-.---
908121296 FOOD&SUPPLIES
10-440-220-000-000 460.03
Total : 929.02
Page• 8
I
vchlist voucher List Page: 9
08/19/2009 3:42:31 PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
64086 8/25/2009 010590 TERRA LOMA REAL ESTATE AUGUST 2009 August Prop Mnqmnt Fees
32-600-05 96.00
Total : 96.00
64087 8/25/2009 010934 THE SATELLITE WORKS INC. 3008190030 MONTHLY PHONE SERVICE
10-808-235-000-000 46.66
Total : 46.66
64088 8/25/2009 007220 UNDERGROUND SERVICE ALERT 720090278 JuIV Dig Alert Services
16-900-220-000-000 4200
Total : 42.00
64089 8/25/2009 007880 WEST GROUP 818898076 CA CODE UPDATES
10-125-250-000-000 432.29
Total : 432.29
64090 8/25/2009 007854 WESTERN EXTERMINATORS CO 441181 PEST CONTROL
10-180-245-000-000 86.50
10-440-245-000-000 144.00
10-805-245-000-000 33.00
34-400-246-000-000 38.50
Total : 302.00
#� 8/13/2009 007400 U. S. BANK TRUST N.A. AUGUST August'97 COP Payment
33-300-206-000-000 23,111.67
Total : 23,111.67
8/6/2009 006614 SCHWAB, THOMAS 1121018977 Settlement Agreement-Via CC Adoption
10-120-110-000-000 132,000.00
32-200-110-000-000 26,400.00
34-400-110-000-000 17,600.00
Total : 176,000.00
55 Vouchers for bank code: bofa Bank total : 429,620.96
55 Vouchers in this report Total vouchers : 429,620.96
Page: 9
vchlist Voucher List Page: 10
08/19/2009 3:42:31 PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
Page: 10
i
I certify that to the best of my knowledge, the afore-listed checks for payment of City and Community
Redevelopment Agency liabilities have been audited by me and are necessary and appropriate for the operation of
City and Agency.
Bernie Simon, Finance Director
City of Grand Terrace
Warrant Register Index
FD No. Fund Name Dept No. Department Name General Account Numbers
10 GENERAL FUND 110 CITY COUNCIL 110 SALARIES/WAGES
11 Street Fund 120 CITY MANAGER 139 EMPLOYEES' BENEFIT PLAN
12 Storm Drain Fund 125 CITY CLERK 140 RETIREMENT
13 Park Fund 140 FINANCE 142 HEALTH/LIFE INSURANCE
14 AB 3229 COPS Fund 160 CITY ATTORNEY 143 WORKERS'COMPENSATION
15 Air Quality Improvement Fund 172 BUILDING&SAFETY 138/141 MEDICARE/SUI
16 Gas Tax Fund 175 PUBLIC WORKS 210 OFFICE EXPENSE
17 Traffic Safety Fund/TDA Fund 180 COMMUNITY SERVICES 218-219 NON-CAPITAL FURN/SMALL TOOLS
19 Facilities Development Fund 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP
20 Measure I Fund 190 GENERAL GOVERNMENT(NON-DEPT) 230 ADVERTISING
21 Waste Water Disposal Fund 370 COMMUNITY&ECONOMIC DEV 235 COMMUNICATIONS
26 LSCPG/LGHTG Assessment Dist 380 MGT INFORMATION SYSTEMS 238-239 UTILITIES
44 Bike Lane Capital Fund 410 LAW ENFORCEMENT 240-242 RENTS&LEASES
46 Street Improvement Projects 430 RECREATION SERVICES 245-246 MAINT BLDG GRNDS EQUIPMNT
47 Barton Rd Bridge Project 440 CHILD CARE 250-251 PROFESSIONAL SERVICES
32 CRA-CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 255-256 CONTRACTUAL SERVICES
33 CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 260 INSURANCE&SURETY BONDS
34 CRA-LOW& MOD HOUSING 801 PLANNING COMMISSION 265 MEMBERSHIPS&DUES
802 CRIME PREVENTION UNIT 268 TRAINING
804 HISTORICAL&CULTURAL COMM. 270 TRAVEUCONFERENCES/MTGS
805 SENIOR CITIZENS PROGRAM 272 FUEL&VEHICLE MAINTENANCE
807 PARKS&REC COMMITTEE 570 WASTEWATER TREATMENT
808 EMERGENCY OPERATIONS PROG. 33-300 DEBT SERVICE
7XX FACILITIES IMPRV(NO CIP)
700 COMPUTER-RELATED
701 VEHICLES& EQUIPMENT
PENDING CITir COUNCIL APPROVAL
CITY OF GRAND TERRACE
CITY COUNCIL MINUTES
REGULAR MEETING -AUGUST 11, 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
11, 2009 at 6:00 p.m.
PRESENT: Maryetta Ferre, Mayor
Lee Ann Garcia, Mayor Pro Tern
Bea Cortes, Councilmember
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
John Harper, City Attorney
Lt. Tony Allen, San Bernardino County Sheriff s Department
ABSENT: John Salvate, San Bernardino County Fire Department
The City Council meeting was opened with Invocation by Pastor Pat Bower, Calvary, The Brook
Church, followed by the Pledge of Allegiance led by Councilwoman Bea Cortes.
CONVENE CITY COUNCIL MEETING
ITEMS TO DELETE -None
SPECIAL PRESENTATIONS -None
CONSENT CALENDAR
CC-2009-100 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
CORTES,CARRIED 5-0,to approve the following Consent Calendar Items with the
Removal of Item 3A, 3C, and 3D.
3B. Waive Full Reading of Ordinances on Agenda
3E. Resolution - Change Authorized Signatures for Local Agency Investment
Fund (LAIF)
3F. Resolution-Authorize Bank Account Signers with Citibank,NA
3 G. Resolution-Change Authorized Signers with California Asset Management
Program (CAMP)
3H. Resolution - Authorize Designated Bank Account Signers with Bank of
COUNCIL AGENDA ITEM NO.'
Council Minutes
08/11/2009
Page 2
America
3I. Resolution-Authorize Bank Account Signers with BBVA Bancomer
ITEMS REMOVED FROM THE CONSENT CALENDAR
3A. Approve Check Register Dated 08-11-2009
CC-2009-101 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY
COUNCILMEMBER CORTES, CARRIED 5-0,to direct staff to break down each
credit card charge showing department titles on future Check Registers and approve
the following item that was removed from the Consent Calendar :
3A. Approve Check Register Dated 08-11-2009
3C. Approval of 07-28-2009 Minutes
CC-2009-102 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
MILLER,CARRIED 5-0,to approve the following item that was removed from the
Consent Calendar as amended:
3C. Approval of 07-28-2009 Minutes
CC-2009-103 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY
COUNCILMEMBER MILLER, CARRIED 5-0, to direct staff to include all
comments in the minutes that are made by residents during Council Meetings.
3D. Resolution - Approve Final Tract Map No. 17766 (The Greystone Group,
Inc.
CC-2009-104 MOTION BY COUNCILMEMBER MILLER,SECOND.BY COUNCILMEMBER
CORTES,CARRIED 5-0,to approve the following item that was removed from the
Consent Calendar with the following amendment to the Agreement:
Under item 10. Hold-Harmless Agreement, the word"hole" in the first line of that
section should be amended to "hold": '
3D. Resolution - Approve Final Tract Map No. 17766 (The Greystone Group,
Inc.)
PUBLIC COMMENT
Shad Boal, 12632 Mirado Avenue, gave an update on Grand Terrace Community Day.
Council Minutes
08/11/2009
Page 3
REPORTS
5A. Committee Reports
1. Emergency Operations Committee
a. Minutes of July 7, 2009
CC-2009-105 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
CORTES, CARRIED 5-0, to accept the July 7, 2009 Minutes of the Emergency
Operations Committee.
5B. Council Reports
Mayor Maryetta Ferre,requested an update on the advertising for the City Manager Position
and to give an overview of what the process will be in selecting the City Manager.
City Attorney John Harper,responded that the City Manager position was advertised and the
final filing date is August 17, 2009. To date quite a number of applications have been
received. He has not reviewed them in detail, however, there appears to be a lot of fairly
qualified candidates. He stated that he will go through the applications and eliminate those
that clearly don't meet the minimum qualifications. He will provide the Council copies of
all qualified applications for them to review and rank them on a 1-10 scale. The rankings
will be combined and he would suggest that the top 5 be interviewed.
Mayor Pro Tem Lee Ann Garcia, stated that she has noticed graffiti on the stop signs and
questioned why it is not being removed as quickly as it use to be.
Building and Safety/Public Works Director Richard Shields, responded that staff needs to
be told that the graffiti is there so that staff can remove it. Work crews go out and remove
graffiti on a regular basis.
Mayor Pro Tem Garcia,encouraged residents to report graffiti to City Hall so it can quickly
be removed. She reported that Code Enforcement Officer Barrie Owens documents all
graffiti. She is excited about the upcoming Grand Terrace Community Day set for
September 12,2009. She reported that the pancake breakfast will be held at the fire station
on the same day. She requested that information regarding the event be placed on the
website. She reported that on Friday,August 21,2009 the second movie in the park will be
held at Rollins Park. She encouraged everyone to attend.
Councilmember Bea Cortes, reported that she received a couple of phones calls regarding
parking issues on Mt. Vernon and Grand Terrace Road. She requested that Building and
Safety/Public Works Director Shields give some information regarding these issues.
Council Minutes
08/11/2009
Page 4
Building and Safety/Public Works Director Shields, stated that there has been a couple of
complaints regarding Grand Terrace Road and the eastern driveway that goes in and out of
the Senior Center during high traffic times. He has had the traffic engineer look at the
situation and they have come up with some recommendations that he will be bringing to
Council for approval. Some of the recommendations are going to be possible red-curbing
in different areas to comply with the code regarding traffic line of sight. They are looking
into the issues that need to be corrected and should have a report to Council within a few
weeks.
Councilmember Cortes,stated that she spoke with Community and Economic Development
Director Joyce Powers regarding graffiti removal on the railroad bridge and requested that
she give an update.
Community and Economic Development Director Joyce Powers,stated that the City has not
been successful in convincing the railroad companies to remove the graffiti 'so she is
suggesting that we talk to other cities maybe a coalition can be formed to speak directly to
them. She feels that it affects the whole region it's not just a city issue.
Councilmember Cortes, stated that as soon as she compiles the information she would like
to meet with some of the Mayors of other cities that sit on SANBAG and SCAG. She
requested that Shad leave his contact information so that anyone that wants to help out with
the Grand Terrace Community Day can contact him. She thanked Acting City Manager
Bernie Simon for stepping in.
Councilmember Jim Miller, thanked Acting City Manager Bernie Simon for keeping the
Council up to date on things that are happening in the City. He thanked those who have been
working on Grand Terrace Community Day and expressed his appreciation. He also thanked
those who support him.
Councilmember Walt Stanckiewitz, reported that Market Night will be held on Monday,
August 17,2009 in the Azure Hills parking lot. He suggested that the workshop process be
expanded to re-writing a policy and/or developing new policies that is opened up to staff and
the public. He requested that this be agendized for the next Council Meeting.
PUBLIC HEARINGS -None
UNFINISHED BUSINESS -None
NEW BUSINESS
8A. Senior Center Kitchen
Council Minutes
08/11/2009
Page 5
JoAnn Johnson, 12723 Mt. Vernon Avenue, expressed her feelings regarding the Senior
Center Kitchen.
CC-2009-106 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
CORTES,CARRIED 5-0,to direct staff to pursue additional research regarding the
kitchen at the Grand Terrace Senior Center.
8B. Award Contract for Community Sign Project(GTB-09-04)(Quiel Brothers Electric
Sign Service Company, Inc.)
CC-2009-107 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
STANCKIEWITZ, CARRIED 5-0, to award Bid No. 2009-04 for fabrication and
installation of the electronic message board sign and the community sign for event
banners, to,,Quiel Brothers Electric Sign Service Company, Inc. In the amount of
$65,850.
8C., Joint Agreement with San Bernardino County for the Senior Home Repair Program
CC-2009-108 MOTION BY COUNCILMEMBER CORTES,SECOND BY COUNCILMEMBER
STANCKIEWITZ,CARRIED 5-0,to approve a j oint agreement for the Senior Home
;- Repair Program-Community Development Block Grant and authorize the Mayor to
execute the Agreement.
CLOSED SESSION -None
Mayor Ferre adjourned the meeting at 6:55 p.m., in memory of Frances Greer, father of Code
Enforcement Officer Barrie Owens that passed away today, until the next City Council Meeting
which is scheduled to be held on Tuesday, August 25, 2009 at 6:00 p.m.
CITY CLERK of the City of Grand Terrace
MAYOR of the City of Grand Terrace
CALIFORNIA
AGENDA REPORT
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.
1
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
I
ANIMAL CONTROL DEPARTMENT
333 Chandler Place- Smi Bernardino,CA92408-2097
909.384.1304
r a Fax: (909)384.5483
www.sbcityanimal.org
San Bernar •ino 1 mail: animalcomplaints@sbcity.org
1
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 0710112009 through 1213112009.
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,
Susan M. Hoak
Animal Control Manager
3
i
!'11V11V1tiL 11VVJ11N%J .7ri\v ILr3 HVRJ✓r1V1r1V l 13r1 Wrr1V 1t1r 1.11 T Or
GRAND TERRACE AND THE CITY OF SAN BERNARDINO—EXHIBIT "C"
THIS AGREEMENT ("Agreement") is made this& day of 1----LLJ 2009, between the
City of Grand Terrace, a municipal corporation (hereinafter "Grand Terrac ') 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 iPARTIES
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, 1which 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) dais from the
date of the bite with no additional charge to Grand Terrace.
i
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 `
Q
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.
z
5
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. Wguan . 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. i
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
r_
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
� 1
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
7
i
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.
i
5
" s
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 Muti Co rporati n
By: By
a4--*jaC'
Maryetta Ferre, Mayor Charles McNeely, Ci ger
Attest: Attest:
-4)
City Clerk City Clerk
Approved as to Form: Approved as to Form:
City Attorney J s F. Penman, City Attorney
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• Uate1��511tiS
Item #
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.
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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. '
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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 one(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.
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RVPIiBWG5%655567 1 I �
CONTRACT/ AGREEMENT
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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 teim 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 CGrand 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
R V PU BVVGS%655567 2
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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.Gtand 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)lo 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.
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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 j
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 BWGS'b55567 3
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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
=r 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,
R V PU BVYGS\655567 4
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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.
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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, and perform 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]
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R V PU BW G5�655567 ,r
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CITY OF COLTON CITY OF GRAND TERRACE
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By: By:
Daryl Parrish Thomas Schwab
City Manager City Manager
Attest: Attest:
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'Carolina P. Barrera Brenda Stanfill
City Clerk City Clerk
Approved as to Form:
Best kest & Kri er City Attorney
City Attorney Grand Terrace
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EXHIBIT"All
SCOPE OF SERVICES
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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
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.
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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.
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RVPCBVNGS%55567 A-1
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(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.
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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.
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RV PUB%NGS\655567 B-1
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131-11 ffl,
Ok'
AGENDA REPORT
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.
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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 N®._?7C,
1
Respectfully submitted,
Richard Shields
Director of Building and Safety/Public Works
Manager Approval:
Bernie Simon
Acting City Manager
ATTACHMENTS:
None
F.
"CAL I ' AGENDA REPORT
FORN IA
MEETING DATE: August 25, 2009 Council Item ( X ) CRA Item ( )
TITLE: Measure I Audit—FY 2007-08
L�
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. j}-
Respectfully submitted,
1 �
Bernie Simon
Finance Director and Acting City Manager "
Manager Approval: XL"�2,1�
Bernie Simon
Acting City Manager
ATTACHMENTS:
'Measure I Audit June 30, 2008
SA BAG
San Bernardino associated Governments
1170 W 3rd Street, 2nd Floor `.ion Bernardino, CA 92'410-)71 5
• _ •'- Phone (909) 884.8276 Fax- (909) 885 4407 web: www sanbaq,.ca qov
■ San Bernardino County Transportation Commission ■ San Bernardino County Transportation Authority
■ San Bernardino County Congestion Management Agency ■ Service Authority for Freeway Emergencies
July 31, 2009
T 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.
J 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,
� r
Ji
Ellen M. Pollema
Transportation Planning Specialist
Enclosure
cc: Honorable Maryetta Ferre
Mr. Richard Shields
SB090731-emp.doc
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TA I E R S
NNTANT5 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. 1
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 d'epartment 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.
JDM:njh
Enclosures
135 Cal Ave. .1AVw.mierscpa.com 14360 Civic Drive, Suite 180
3arstow, CA 92311
-Victorville, CA 92392
---
MEASURE I TRANSPORTATION SALES TAX FUND
CITY OF GRAND TERRACE
0I HER INFORMATION PRESENTED AT THE REQUEST OF THE CLIENT
JUNE 30, 2008
l INANSIAL INFORMATION
The financial information is intended to reflect the financial position and results of operation in
compliance with the regulations of the Measure I Transportation Sales Tax Fund only.
G
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
related only to those grants. Such compliance exceptions, if any, are not expected to impact the
Measure I Transportation Sales Tax Fund .
QASH 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.
SIN NCIAL AUDIT
Annually, the entity has an audit of its financial statements performed by an independent
accounting firm.
Page 7 of 7
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MtAbUKt I I KANbVUK I A I IUN 5ALt5 I AX 1-UNU
CITY OF GRAND TERRACE
c I HER INFORMATION PRESENTED AT THE REQUEST OF THE CLIENT
JUNE 30, 2008
WMMARY_OE SIGNIFICANT ACCOUNTING POLICIES
Tho accounting policies of the Measure I Transportation Sales Tax Fund of the City of Grand
I crrnce conform to accounting principles generally accepted in the United States of America.
I he following is a summary of the more significant policies.
A porting Entity
The Measure I Transportation Sales Tax Fund is a component unit of the City of Grand
Terrace, California.
B FLind 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. Oasis 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.
D. 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.
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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
ASSET
2008 2007
CURRENT ASSETS
Cash and cash equivalents $ 83,998 $ 284,220
Due from other funds/agencies 13,509 13,612
TOTAL CURRENT ASSETS $ 97,507 $ 297 832
LIABILITIES AND FUND BALANCE
2008 2001
CURRENT LIABILITIES $ — $ —
FUND BALANCE'
Unreserved-designated 97,507 297,832
TOTAL LIABILITIES AND FUND BALANCE $ 97.507 $ 297 832
2008
VARIANCE
1 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 SU $ 93 974 $ 297 832
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MtA5UKt I I KANbVUK I A I IUN 5ALt5 I AA FUNU
CITY OF GRAND TERRACE
OTHER INFORMATION PRESENTED AT THE REQUEST OF THE CLIENT
JUNE 30, 2008
PROGRAM STATUS
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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 i(89,346)
Mt. Vernon/DeBerry to Main, pavement - i
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 $ 2 457 105 $ 259.607 $ — $ 2.716.712 $ 2.619.205 S 97'507
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OTHER INFORMATION PRESENTED
AT THE REQUEST OF THE CLIENT
Page 3 of 7
9
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.
I'his 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
Page 2 of 7
1C
.tii I 1%'1 ?S,&,MIERS
I11"131 R AG(K)UNTANTS
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.
135 Cal Ave. www.mierscpa.com 14350 Civic Drive, Suite 180
Barstow, CA 92311 Page 1 of 7 'w Victorville, CA 92392
rn I• _ Cam._ /7Bn\ nA4 1)nn7
11
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I
MEASURE I I KANSPUK I A I ION SALES TAX FUND
CITY OF GRAND TERRACE
ANNUAL COMPLIANCE REPORT
JUNE 30, 2008
TABLE OF CONTENTS
I
Page ,1
Independent Accountant's Report................................................................................ 1
i
Other Information Presented at the Request of the Client............................................ 3
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1
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17
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1
CITY OF GRAND TERRACE, CALIFORNIA
ANNUAL COMPLIANCE REPORT OF THE
MEASURE I TRANSPORTATION SALES TAX FUND
FOR THE FISCAL YEARS ENDED
J U N E 309 2008 AND 2007
1�
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
MIERSL&MIERS
GERTIFIED PUBLIC AGGOLINI TA TCS
1A
REC I` EC
AUG 10 2009
COMMUNITY EMERGENCY RESPONSE TEX?kERKs�EPAATMEW
MINUTES
J U LY 7, 2009
Members present: Sue Taylor, Matt Wirz, Vic Pfennighausen, Barbara Smeltzer, Hann!
Bennett, Peggy Witt, Lew Neeb, Bernie Urrea, Adele Urrea, Joe Ramos, Helen Ramos,
r Ken Smith, Glenn Nichols, Doug Von Kriegelstein, Jeff Allen, Randy Halseth, Ingrid Clark,
Sandy Luckman, Debra Hurst
Members absent: William Fenn, Margie Miller, Barrie Owens, Dragos Barbu, James
Monroe, Cliff Homan, Thomas Schwab, Lynette Sandiford, Shannon Bryant, Walt
Stanckiewitz, Monique Stanckiewitz, Jim Stamm, Lee
Ann Garcia, David Ortiz, Joanne Thoring, Jim Vert, Larry Boutcher, Milford Herman,
Philomene Spisak, Terri Robb, Joyce Wlldenauer, Andrew Anaya, Mike Mullins, Bernard
Ojeda, Oscar Santana.
Guests: Nick Calero, representative from Supervisor Neil Derry.
Mickey Bubier, Grand Terrace Lions Club.
Meeting was called to order at 7:02 pm by Randy Halseth.
Flag salute was given.
Approval of Agenda was approved by members present
Approval of Minutes from June 2, 2009 by members present
Treasurers Report: Ending combined balance as of 06/20/09 is $3,834.22 as presented by
Matt Wirz.
Training:,Search and Rescue Training was held on 06/06/09 at 7:00 pm in the EOC
building, presented by Randy Halseth.
Old Business:
Doug Von Kriegelstein is still working on getting a class set up for ham radio training.
He will let us know when a date has been obtained.
Randy Halseth, Jeff Allen and Oscar Santana are working on getting a list together for
supplies needed for the CERT trailer. They are working with Nick Calero from Supervisor
Neil Derry's office. Neil Derry is working on getting grant money for Grand Terrace CERT
for supplies.
Jeff Allen and Sue Taylor presented several options on CERT hats. After some
discussion, a motion was made by Lew Neeb with a second by Sue Taylor to accept the
proposal on getting the hats. Set up fee will be $70.00. A total of 24 hats will be ordered,
12 orange mesh and 12 solid. Hats will only be for CERT members.
COUNCIL AGENDA ITEM NO.
1
Grand Terrace will be having a community day on 09/12109. Mickey Bubier from the
Grand Terrace Lions Club made the presentation requesting help from CERT members to
assist with the Lions Club Car Show. Will need assistance when the cars arrive to help
with parking. CERT members will be needed to assist with security the night before.
Randy Halseth will have his motor home there. We will also have the CERT trailer there
for the event on 09/12109.
New Business:
Randy Halseth and Jeff Allen are working on getting a new training class set up for
September or October 2009. They need to line up teachers and work on advertising for
getting new participants.
Need to work on a recruitment committee. Doug Von Kriegelstein will start putting
together some ideas to get our name out to,the public.
Grand Terrace Radio Station is up and running. -1640 AM- We will be working with Matt
Wirz to get different emergency preparedness items onto the radio.
Will have the trailer at the next Market Night. We may be able to recruit some people
there.
Randy Halseth is still working on getting the ID cards for the new members.
There being no further business to discuss, meeting was adjourned at 8:00 pm. '
Debra Hurst
Secretary
NEXT MEETING
AUGUST 4, 2009
7:00 PM
CITY HALL
.,r.
CALIFORNIA
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) Souhbound 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. (7-
"
1
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 Sherriffs 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
pP
Manager Approval:
g
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;
4.
REDFLEX TRAFFIC SYSTEMS
INCEPTION TO MAY 2009
Cumulative Invoice
Date Court Revenue Redflex Invoice Gain/Loss Balance
Oct-07 - 250.30 6,400.00 -6,149.70 ; 6,.149.70
Nov-07 1,687..9Z 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;63038
A r-08 ' .j "=-.7,845:38 12,000.00 -4,154.62 "" _ =` 44,785:00
Ma -08 6,885.96 12,000.00 -5,114.04 49;899.04
Jun-08 ; 7,823.73 12,000.00 -4,176.27 _-_';-,:=j- 54,07531
Jul-08 7,709.52 12,513.64 -4,804.12 . 58;879.43
Au -08 7,960.39 12,513.64 -4,553.25 ...' "' v;_ 63;432.66
'Se -08 8,353.09 12,513.64 -4,160.5U:,..�.-,- 67,593.23
Oct-08 10,440:47 12,513.64 -2,073.17 :';_::' -:_ 69,666`40
Nov-08 1 :.-6.499.34 12,513.64 -6,014.30 :>>;•_;:;t.<:y. , 75;680:70.
e
'Dec-08 12,443.56 12,513.64 -70.08 r `-r -:°.; `75750:78
Jan-09 - 6,619.60112,513.64 -5,893.96 - 8:'1644:T
Feb-09 „5 :' 8,474,39 12,513.64 -4,039.25 ; ;w;` = 85;683 99
Mar-09 12,029.87 12,513.64 -483.77 _; 86167.76
A r-09 , 11,037.16. 12,513.64 -1,476.48 `;`:_, - a: 87'644.24-
Ma -09 7,228.63 12,513.64 -5,285.01 y 92;929.25
Jun-09
Jul-09
Au -09
Se -09 -
Oct-09
Nov-09
Dec-09
Totals 141,520.791 234,450.04 92,929.25
i
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
Alanual 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
CODE SECTION VIOLATION DISTRIBUTION FUND USEISPECIAL 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 successfully
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
crossings transportation commission
cr
cr 22451 If the offense did not occur in an Only for public safety and public
VC area where the transit district or education related to railroad grade
VC 22452 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
Un
e'
EXCLUSIVE AGREEMENT BETWEEN THE CITY OF GRAND TERRACE
AND REDFLEX TRAFFIC SYSTEMS, INC. FOR
PHOTO RED LIGHT ENFORCEMENT PROGRAM
This Agreement (this "Agreement") is made as of this day of�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 92313-5245 (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.
f
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
i
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 hasp 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. "Desiinated 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. "EquiQment" 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
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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 Pro ram" 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 sq that
such Intersection Approach is operational for the purposes of functioning with
the Redlight Photo Enforcement Program.
"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 Redlight Photo 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 identifications 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 Reflex
System with respect to such motor vehicle, which data shall be processed by the
3
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
A
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.
I
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 "Term"). 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. j
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 i
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 internet 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
i 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;
�1 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
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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;
provide , 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 or 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 Redflex'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
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Agreement, and any disagreement shall be resolved in accordance with Section
10.
4. License; Reservation of Rishts.
4.1. License. Subject to the terns 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
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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. Redflek 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.
TT 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
fications provided to Redflex by the Customer
compliance with all speci
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.
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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
r 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. TERNIINATION 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
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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 11.18 (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,
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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
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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 741h 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
Grand Terrace, CA 92313-5295
Attention:
Facsimile:
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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
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e
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
r - Party. In the event any such audit establishes any underpayment of any payment
a- 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
U 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,
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interpretation or applicability of this Agreement or any tern, 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. i
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.
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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)
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IN WITNESS WHEREOF, the parties hereto have executed this AgrQement as of the day
and year first set forth above.
"Customer" "Redflex"
CITY O GRAND TERRACE REDFLEX TRAFFIC SYSTEMS, INC.,
Byj By:
Name: Name: Karen Finley
Title: Title: President& CEO
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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..
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EXHIBIT"B"
Construction and Installation Obligations_ ;
Timeframe for Installation: Fixed Photo Red Light S stem
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; ;
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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
�—
J 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
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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.
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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.
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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.
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Cost Neutrality
Cost neutrality is assured to Customer. Cost neutrality is assured to Customer;
using this methodology as Customer will never nay 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 be'applied 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.
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BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS:
I. 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.
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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 f
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 username, 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.
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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.
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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 require& pursuant to this
Agreement, such failure shall be deemed a material breach of this Agreemeni, and
the Customer shall have the right, but not the obligation and exercisable in it's 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.
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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 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 a Delaware Corporation
By:
By: Name:
Name: Title:
Title:
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i.,LI,FORVIA 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 "no 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.(�
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
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
L ' 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,
Ric and Shields
Director of Building and Safety/Public Works
Manager Approval:
Bernie Simon
Acting City Manager
ATTACHMENTS: Exhibit"A"
Page 3 of 3
3
Exhibit 'A"
Grand Terrace Road, East of Mt. Vernon Avenue— Proposed Parking Controls
4A
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No Parking
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W", 7 AM to 3 PM
ev South Side
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No Stopping
' M South Side
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No Stoppi ng 41t'
North Side
Terrace View El e mentafy m
School
Sr. Center Location k-�-�,l X
No Parking
Driveway loca n
7AM to 3 PM
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South Side
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,4 T-
CALI'FORNIA AGENDA REPORT
MEETING'DATE: August 25, 2009 Council Item (X) CRA Item ( )
TITLE: Discussion on Workshop Process for Policy Development and Important Topics
�j
PRESENTED BY: Bernie Simon, Finance Director and Acting City Manager
RECOMMENDATION: Direct Staff to Generally Present Important Policy Development
and Important Topics as Agenda Information Items or Discussion
Items prior to Agenizing as an Action Item
BACKGROUND:
Council Member Stanckiewitz requested a discussion on workshops for development of city
policy issues and important topics.
DISCUSSION:
In some cities, many important or controversial items are presented via workshop and later
presented on the agenda for council action, sometimes even in the same day. However, the
process is time consuming for both staff and council members and frequently not all council
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,
staff is aware of agenda items that usually would need a workshop. The workshop subject, time
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
meeting requires extra time for discussion or public input,that council member may make a
motion to bring the item back to a workshop for further discussion.
Alternatively, should any council member feel that an agenda item under consideration at a
regular council meeting requires extra time for discussion or public input, that council member
may make a motion to table the item to the next meeting or a certain meeting for further
consideration, research or input rather than taking action on the item at that meeting.
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,
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:
Bernie Simon
Acting City Manager
ATTACHMENTS:
None
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'FORNIA 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
1 staff to advertise and accept applications with a deadline of August 17`h
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
COUNCIL AGENDA ITEM NO.
1
Respectfully submitted,
1
LIle"I�Io(
Brenda Mesa
City Clerk
Manager Approval:
Bernie Simon
Acting City Manager
ATTACHMENTS:
Applications