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04/08/2014CITY OF GRAND TERRACE AGENDA & STAFF REPORTS FOR THE REGULAR MEETING OF THE CITY COUNCILAND THE CITY COUNCIL AS THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY & THE GRAND TERRACE HOUSING AUTHORITY TUESDAY, April 8, 2014 6.00 P.M Regular Meeting COUNCIL CHAMBERS GRAND TERRACE CIVIC CENTER - 22795 BARTON ROAD GRAND TERRACE, CA 92313 , Counter Copy Please Do Not Remove , , 0 ' � i� a TERitAC�E Walt Stanckiewitz, Mayor Darcy McNaboe,,Councilmember J k ac M tchell Councilmember ie I , Sylvia Robles, Councilmember 1 , Kenneth 1 Henderson, Interim City Manager ` Richard L_Adams, City Attorney Cynthia A Fortune, Finance Director Sandra Molina, Interim Community Development Director Shar Toler, Interim Secretary The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6 00 pm CITY OF GRAND TERRACE R CITY COUNCIL AGENDA • APRIL 8, 2014 Council Chambers Regular Meeting 6 00 PM Grand Terrace Civic Center • 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 Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Invocation Pledge of Allegiance Roll Call Attendee Name _ - Present "Absent Late Arrived Mayor Walt Stanckiewitz ❑ ❑ ❑ Council Member Darcy McNaboe ❑ ❑ ❑ Council Member Jackie Mitchell ❑ ❑ ❑ Council Member Sylvia Robles ❑ ❑ ❑ 1 ITEMS TO DELETE 2 SPECIAL PRESENTATIONS A JoAnn Johnson - Appreciation Plaque B Don Hough, Riverside Highland Water Company 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 City of Grand Terrace Page 1 Agenda Grand Terrace City Council April 8, 2014 A Waive Full Reading of Full Ordinances on Agenda B Approval of Minutes — Regular Meeting — 03/25/2014 C Approval of Check Register No 04-08-2014 4 PUBLIC COMMENT 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 on 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 COUNCIL REPORTS A Council Member Jackie Mitchell B Council Member Sylvia Robles C Council Member Darcy McNaboe D Mayor Walt Stanckiewitz 6 PUBLIC HEARINGS 7 UNFINISHED BUSINESS 8 NEW BUSINESS A Agreements Between the City of Grand Terrace and County of San Bernardino for Participation and Implementation of the Community Development Block Grant Program B Approval of an Agreement for Animal Control and Shelter Services with City of San Bernardino C Grand Terrace Fitness Park Contract Amendments 9 CLOSED SESSION ADJOURN A A Special Meeting of the Council to be held on Friday, April 11, 2014 at 9 00 A M for the purpose of a Visioning and Strategic Planning Workshop in the Community Room B The Next Regular City Council Meeting will be held on Tuesday, April 22, 2014 at 6 00 PM Agenda item requests must be submitted in writing to the City Clerk's office no later than 14 calendar days preceding the meeting City of Grand Terrace Page 2 3 B 0 CITY OF GRAND TERRACE CITY COUNCIL MINUTES • MARCH 25, 2014 Council Chambers Regular Meeting 6 00 PM Grand Terrace Civic Center . 22795 Barton Road 1 A 2 3 CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency and the Housing Authority Invocation - Pastor Andy McRae, Azure Hills Seventh Day Adventists Church Pledge of Allegiance - Council Member Sylvia Robles Attendee Name Status Arrived Walt Stanckiewitz Mayor Present Darcy McNaboe Council Member Present Jackie Mitchell Council Member Present Sylvia Robles Council Member Present Kenneth J Henderson Interim City Manager Present Emily Wong Interim Assistant City Manager Present Cynthia Fortune Finance Director Present Sandra Molina Interim Community Development Director Present Robert Khuu Deputy City Attorney Present Shar Toler Interim Secretary Present Captain Steve Dorsey 4 San Bernardino County Sheriffs Department Present ITEMS TO DELETE Lieutenant Donny Mahoney's presentation of the Year -End Criminal Statistics report to be continued to the April 8, 2014 City Council Meeting SPECIAL PRESENTATIONS - NONE The Year -End Criminal Statistics report was continued to the next Council Meeting on April 8, 2014 CONSENT CALENDAR Consent Calendar Items A, C, and E were approved unanimously RESULT APPROVED [UNANIMOUS] MOVER Darcy McNaboe, Council Member SECONDER Jackie Mitchell, Council Member AYES Walt Stanckiewitz, Darcy McNaboe,,Jackie Mitchell, Sylvia Robles A Waive Full Reading of Full Ordinances on Agenda B Item Pulled from Consent Pulled from Consent for further discussion by Council Members Sylvia Robles, and Jackie Mitchell respectively City of Grand Terrace Page 1 2 �acket,Pg 3 Minutes Grand Terrace City Council March 25, 2014 4 61, C D E F G A u ►W Approval of Check Register No 03-11-2014 Item Pulled from Consent Pulled from Consent for further discussion by Council Member Jackie Mitchell Emergency Operations Committee Business Council was introduced to EOC candidates, Paul Tickner and Joe Ramos (one primary, one alternate), and received a brief presentation regarding their qualifications ITEMS REMOVED FROM CONSENT CALENDAR Approval of Minutes — Regular Meeting — 03/11/2014 RESULT ACCEPTED AS AMENDED [UNANIMOUS] MOVER Sylvia Robles, Council Member SECONDER Jackie Mitchell, Council Member AYES Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles Advertisement for Planning Commission Appointments Council Member Jackie Mitchell asked about the appointment and interviewing process for City Commissions, and Interim Community Development Director, Sandra Molina, responded that it is standard for the Council to interview applicants RESULT APPROVED [UNANIMOUS] MOVER Jackie Mitchell, Council Member SECONDER Sylvia Robles, Council Member AYES Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles PUBLIC COMMENT Lions Club, Alexis Morgan and Christine Lucas Ms Morgan and Ms Luna extended an invitation Community Luncheon on April 4, 2014 at 12 OOPM year involvement in the community Foundation of Grand Terrace, Pastor Andy McRae from the Lions Club President to attend the free At the luncheon, they will discuss the Lions Club 40- Pastor McRae announced, in cooperation with the Boys and Girls Clubs of America, the Foundation of Grand Terrace will be coordinating a summer day camp for the area's youths Advertising will be announced at the end of the Spring Break period for resident schools Additionally, Pastor McRae announced the Foundation has launched a Healthy Grand Terrace Initiative and will be submitting a Healthy Cities Initiative application to the County Department of Public Health at the end of the week The goals of their submission are to obtain $25,000 in seed money along with 1-year of assistance from a Public Health Intern in a graduate studies program COUNCIL REPORTS Council Member Jackie Mitchell Expressed her thanks for the successful turnout at the Mayor's Ball on March 21, 2014, and thanked Mayor Stanckiewitz for his participation Also, Council Member Mitchell, brought to light some concerns City of Grand Terrace Page 2 2 Packet P7-EiEll 36 �_ Minutes Grand Terrace City Council March 25, 2014 expressed by parents at Grand Terrace Elementary school regarding heavy traffic in the morning around the site, and would like staff to contact the school's Principal to share plans to remedy the situation as well as requesting that the Sheriff's department provide additional patrols during peak periods B Council Member Sylvia Robles On behalf of the City, Council Member Robles attended several events and seminars She relayed the information she received along with some concerns regarding the direction of the City Additionally, Council Member Robles expressed her condolences to the parents of deceased former Grand Terrace resident Richard M Mendoza In conjunction with Mr Mendoza's community efforts, Council Member Robles expressed the need for the City and community to support programs for the youth To that end, - she thanked everyone who participated in the Mayor's Ball on March 21, 2014 including Sandals Church for the use of their facility Council Member Robles asked about rumors of new business development, and Interim Community Development Director Sandra Molina responded .. In follow up to Council Member Robles' inquiry about new business development, Council Member Jackie L cc c Mitchell asked if the new business was an independent owner or a franchisee Ms Molina confirmed that the new business was an independent owner c� C Council Member Darcy McNaboe r c c On behalf of the City Council Member Darcy McNaboe attended the San Bernardino Valley Water v District Advisory Commission on Water and relayed the information contained in the District's report regarding usage levels Council Member McNaboe also reported on the District's successful water a conservation and storage efforts Additionally, she attended the Grand Terrace Woman's Club Tea and o 0 relayed her appreciation for their help in the Community ca D Mayor Walt Stanckiewitz Mayor Walt Stanckiewitz relayed his appreciation for both the Grand Terrace Woman's Club Tea and Mayor's Ball that he attended 6 PUBLIC HEARINGS - NONE 7 UNFINISHED BUSINESS A Selection of Design Alternatives for Washington Street Interchange/Mt Vernon Avenue Improvement Project R In attendance from the City of Colton were Mayor Sarah Zamora, Council Member Frank Navarro, Q- d Council Member Susan Oliva and City Manager Stephen Compton a Interim City Manager Ken Henderson delivered the staff report, and provided further insight into the m evolution of the design alternative selection process In support of the information provided, both Mayor Zamora and Council Member Navarro spoke about the mutually beneficial aspects of recommended alternatives 6 and 11 Resident Doug Wilson expressed his concerns regarding Alternatives 6 and 11, and offered his support for Alternative 10 At the request of Council Member Sylvia Robles, a 20-minute break to review the presented exhibits was provided After the break, Council Member Sylvia Robles voiced her support of the Staff recommendation Mayor Stanckiewitz voiced his support of the Staff recommendation City of Grand Terrace Page 3 Packet Pg 5 -3B=- Minutes Grand Terrace City Council March 25, 2014 J Council Member Jackie Mitchell voiced her support of Alternative 6 and her agreement with opposing Alternative 10, however, she expressed concerns with the viability of Alternative 11 Council Member Robles, in agreement with Council Member Mitchell, indicated her support of Alternative 6 and her agreement with opposing Alternative 10, however,rshe expressed her concerns with the viability of Alternative 11 Council Member Darcy McNaboe, in agreement with Council Member Mitchell and Council Member Robles, voiced her support of Alternative 6 and her agreement with opposing Alternative 10, however, she expressed her concerns with the viability of Alternative 11 To provide a clearer understanding of the agreed upon strategies between the City of Colton and Staff, Interim City Manager Henderson, explained to the Council that the Alternatives were selected in order of least public harm, the Alternatives considered beneficial to both communities and the total cost involved SanBAG representatives from both cities determined Alternative 6 to be the first priority, Alternative 11 being the second priority and Alternative 10 being the most disruptive to the local economy In light of the legal mandate for SANBAG/CalTrans to submit two alternatives, both cities have elected to support Alternatives 6 and 11 RESULT APPROVED [UNANIMOUS] MOVER Jackie Mitchell, Council Member SECONDER Darcy McNaboe, Council Member AYES Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles 8 NEW BUSINESS A A Resolution of the Housing Authority Accepting Housing Assets and Granting a Construction Extension to Habitat for Humanity San Bernardino Area, Inc Staff report was presented by Interim Community Development Director Sandra Molina Habitat for Humanity Executive Director Dennis Baxter was present to answer Council questions, and provide a progress report and the thank Council and Staff Council Member Jackie Mitchell asked where Habitat for Humanity was in the build process Mr Baxter, the Habitat for Humanity Executive Director responded accordingly Council Member Sylvia Robles asked how this item differed from the other action item that was recently brought before the Council, and offered her congratulations on the success of their grant application(s) Interim Community Development Director Sandra Molina indicated actions were substantially the same as the item under consideration and that the Housing Authority was the designated entity to take such action City of Grand Terrace Page 4 �-t Packet Pg 6 Minutes Grand Terrace City Council March 25, 2014 RESULT APPROVED [UNANIMOUS] MOVER - Darcy McNaboe, Council Member SECONDER Jackie Mitchell, Council Member AYES Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles 9 CLOSED SESSION - NONE ADJOURN J A At the request of Council Member Sylvia Robles, adjourn the meeting in honor of Richard M Mendoza The Next Regular City Council Meeting will be held on Tuesday, April 8, 2014 at 6 00 PM. Mayor of the City of Grand Terrace City Clerk of the City of Grand Terrace City of Grand Terrace Page 5 d V C W a+ a 01 U Q to d 3 C 2 Packet 4, 7 � o d MEETING DATE TITLE AGENDA REPORT April 8, 2014 Council & Successor Agency Item Approval of Check Register No 04-08-2014 PRESENTED BY Cynthia Fortune, Finance Director RECOMMENDATION Approve Attached Check Register for April 8, 2014, as submitted, which includes the Check Register Account Index and Voucher Listings for Fiscal Year 2013-14 BACKGROUND The Check Register for April 8, 2014 is presented in accordance with Government Code §37202 and is hereby submitted for the City Council's approval The attached index to the Check Register is a guideline account list only and is not intended to replace the comprehensive chart of accounts used by the City and CRA Successor Agency Expenditure account number formats are XX-XXX-XXX [Fund - Department -Account] Expenditures may be made from trust/agency accounts (Fund 23-XXX-) or temporary clearing accounts which do not have a budgetary impact A total of $270, 809 35 in accounts payable checks were issued during the period for services, reimbursements, supplies and contracts and are detailed in the attached check register New vendors Check No payee Description Amount No New Vendors Payments larger than $10,000 Check No payee Description Amount 70208 S B County General Service Expenses/Overtime $18,200 07 Sheriff Charges for FY 2013-14 2nd Quarter 70209 S B County Law Enforcement Services for $127,646 00 Sheriff February 2014 70224 Public Emp Contributions for Pay Period Ending $12,060 65 Retirement Sys February 14, 2014 70225 Public Emp Contributions for Pay Period Ending $12,098 49 Retirement Sys February 28, 2014 70229 So CA Edison Energy Usage for February 2014 $11,175 24 Company 70233 All American DeBerry Street Rehabilitation Project $21,381 66 As halt Retention Packet Pg 8 Check No payee Description Amount 70253 Willdan Professional Engineering Consulting $12,992 50 Services for February 2014 Pavroll costs for the period endina March 14. 2014 Pay Per Period Ending Period Amount 6 3/14/2014 Biweekly Payroll for the Period of $70,409 88 3/1 /2014 — 3/14/2014 FISCAL IMPACT All disbursements are made in accordance with the Adopted Budget for Fiscal Year 2013-14 ATTACHMENTS • Check Register 04-08-2014 APPROVALS Finance Cynthia Fortune City Attorney City Manager City Council Completed Completed Completed L Completed Pending 04/01/2014 9 02 AM 04/01/2014 9 11 AM 04/01/2014 5 32 PM 04/01/2014 5 40 PM Packet Pg 9 vchlist 03/27/2014 7 03 20PM Voucher List CITY OF GRAND TERRACE Page 1 Bank code bofa Voucher Date Vendor Invoice Description/Account Amount .q 70206 3/20/2014 006531 S B COUNTY SHERIFF 13051 FY 13/14, QTR 1 - AVOID 25 c 10-410-250-000-000 52728 N Total 52728 0 4 70207 3/20/2014 006531 S B COUNTY SHERIFF 13194 FY 13/14, QTR 1- AVOID 25 #2 CD 10-410-250-000-000 1,05456 Z Total 1,05456 m 70208 3/20/2014 006531 S B COUNTY SHERIFF 13316 FY 13/14 QTR 2 GENERAL SVCS EXP & OT CH N im 10-410-220-000-000 15,288 06 (1) 10-410-250-000-000 2 912 01 Y Total 18,200 07 70209 3/20/2014 006531 S B COUNTY SHERIFF 13370 FEB 2014 LAW ENFORCEMENT SERVICES V 10-410-255-000-000 5 400 00 le 10-410-256-000-000 113 913 00 0 14-411-256-000-000 04 8,33300 Total 127,646 00 c 70210 3/20/2014 006531 S B COUNTY SHERIFF 13156 FY 13/14 QTR 1 GENERAL SVCS EXP & OT CH 0 10-410-220-000-000 6 517 52 N 10-410-250-000-000 3 277 47 Total 9,79499 it 70211 3/24/2014 011175 ROBLES SYLVIA 03242014 FEB HEALTH INS REIM-ROBLES 10-110-142-000-000 39550 V Total 39550 .,.. C 70212 3/25/2014 011194 AMERICAN FIDELITY ASSURANCE CO B113922 MAR EMP PAID ACC/SUP LIFE/SUP STD d E 23-250-20-00 46678 Total 46678 a 70213 3/25/2014 011195 AMERICAN FIDELITY ASSURANCE CO 1021341A FEB EMP PAID FLEX SPENDING/DEP CARE 23-250-10-00 50472 Total 50472 70214 3/25/2014 010693 ARROWHEAD UNITED WAY PR END 3/14/14 CONTRIBUTIONS FOR PR END 3/14/14 Page 1 Packet lPg 1`0) vchlist Voucher List Page 2 03/27/2014 7 03 20PM CITY OF GRAND TERRACE Bank code bofa Voucher Date Vendor Invoice Description/Account Amount 70214 3/25/2014 010693 ARROWHEAD UNITED WAY (Continued) 1700 0 1700 N 00 0 et 1,18008 1,18008 Z w 238 H 9 23 11552 Y 338 1903 .� 900 V 102 et 672 02 0 1960 514 c 644 v 1233 d 1360 n 397 89266 d C� 70215 3/25/2014 011206 MIDAMERICA ADMIN & RETIRE 70216 3/25/2014 011199 PRUDENTIAL MUNICIPAL POOL 70217 3/25/2014 011199 PRUDENTIAL MUNICIPAL POOL 10-022-65-00 PR END 3/14/14 CONTRIBUTIONS FOR PR END 3/14/14 10-022-68-00 FEB 2014 FEB EAP LIFE AD&D DEPLIFE STD & LTD 10-625-142-000-000 16-175-142-000-000 09-440-142-000-000 10-450-142-000-000 32-200-142-000-000 10-380-142-000-000 21-625-142-000-000 10-022-66-00 10-120-142-000-000 10-140-142-000-000 10-175-142-000-000 10-185-142-000-000 10-370-142-000-000 21-175-142-000-000 MAR 2014 MAR EAP, LIFE AD&D DEPLIFE,STD & LTD Total Total Total Page 2 'Packet`Pg ',1"1 3Ca vchlist Voucher List Page 3 03/27/2014 7 03 20PM CITY OF GRAND TERRACE _ Bank code bofa Voucher Date Vendor Invoice Description/Account Amount 70217 3/25/2014 011199 PRUDENTIAL MUNICIPAL POOL (Continued) .. 09-440-142-000-000 11551 c 10-120-142-000-000 1960 N 10-022-66-00 67202 0 10-175-142-000-000 644 et 10-185-142-000-000 1233 0 10-370-142-000-000 1360 Z 10-380-142-000-000 900 L 10-450-142-000-000 338 +°r 10-625-142-000-000 2 38 tM 16-175-142-000-000 923 4) 21-175-142-000-000 397 Y 21-625-142-000-000 102 d 32-200-142-000-000 1904 V 10-140-142-000-000 514 Total 89266 0 N 70218 3/25/2014 010605 URBAN FUTURES INCORPORATED 210531 DISCLOSURE AGREEMENT - 2011A TABS 00 32-200-250-000-000 1 250 00 c Total 1,25000 0 d. d 70219 3/27/2014 001213 AT & T FEB/MAR 2014 FEB/MAR PHONES & INTERNET SRVS N 09-440-235-000-000 57357 10-450-235-000-000 6537 10-805-235-000-000 19699 v 10-808-235-000-000 12113 10-190-235-000-000 57749 V Total 1,53455 c 70220 3/27/2014 010996 CA PUB EMPLOYEES' RET SYSTEM 1374 APR PERS HEALTH INSURANCE d s ca Q Page 3 Packet (Plg, {1(2, 3C a vchlist Voucher List Page 4 f 03/27/2014 7 03 2013M CITY OF GRAND TERRACE Bank code bola Voucher Date Vendor Invoice Description/Account Amount 70220 3/27/2014 010996 CA PUB EMPLOYEES' RET SYSTEM (Continued) ,.. 10-190-265-000-000 3693 c 10-022-61-00 2 441 47 N 09-440-142-000-000 212225 0 10-120-142-000-000 59326 4 10-140-142-000-000 31245 0 10-175-142-000-000 33618 Z 10-370-142-000-000 29663 L 10-380-142-000-000 395 50 +°r 10-450-142-000-000 15820 10-625-142-000-000 12458 16-175-142-000-000 41528 Y 21-175-142-000-000 19775 d 21-625-142-000-000 5339 V 32-200-142-000-000 18192 Total 7,66579 0 N 70221 3/27/2014 011296 CALPERS 457 PLAN PR END 2/28/14 PR END 2/28/14 CONTRIBUTIONS/LOANS 0 10-022-63-00 1 85753 c 10-022-64-00 60852 0 Total 2,46605 rn 70222 3127/2014 011296 CALPERS 457 PLAN PR END 3114/14 PR END 3/14/14 CONTRIBUTIONS/LOANS a0i 10-022-64-00 60852 Ot 10-022-63-00 1 861 36 Total 2,46988 s U 70223 3/27/2014 003210 HOME DEPOT CREDIT SERVICE 60353225002336f SUPPLIES FOR CITY HALL PARKS & CHILD CA 10-195-245-000-000 12206 a=i 10-805-245-000-000 8617 s Total 208 23 0 70224 3/27/2014 005702 PUBLIC EMPLOYEES' RETIREMENT PR END 2/14/14 CONTRIBUTIONS FOR PR END 2/14/14 Q 10-022-62-00 12 060 65 Total 12,060 65 70225 3/27/2014 005702 PUBLIC EMPLOYEES' RETIREMENT PR END 2/28/14 CONTRIBUTIONS FOR PR END 2/28/14 10-022-62-00 12,098 49 Page 4 1 Packet ftl 11' vchlist Voucher List Page 5 03/27/2014 7 03 20PM CITY OF GRAND TERRACE Bank code bofa Voucher Date Vendor Invoice Description/Account 70225 3/27/2014 005702 PUBLIC EMPLOYEES' RETIREMENT (Continued) Total 70226 3/27/2014 001206 ARROWHEAD CREDIT UNION FEB/MAR 2014 FEB/MAR VISA CHARGES 10-110-220-000-000 Council Closed Session Refreshments 09-440-220-000-000 Child Care Food Supplies 09-440-223-000-000 Child Care School Age Supplies 09-440-219-000-000 Child Care Printer Toner 10-450-245-000-000 Fertilizer for Parks 10-195-245-000-000 Replaced Crash Barrel on Mt Vernon 10-140-265-000-000 Computer Remote Access Application 10-808-247-000-000 Ham Radio for Emerg Communications 10-120-220-000-000 Groupwise Application for E-mail Access Total 70227 3/27/2014 010218 CHEVRON & TEXACO CARD SERVICES 40685540 FEB/MAR VEHICLE FUEL 10-185-272-000-000 10-175-272-000-000 10-808-246-000-000 70228 3/27/2014 010664 SHELL FLEET MANAGEMENT 8000209687403 FEB/MAR VEHICLE FUEL 10-175-272-000-000 70229 3/27/2014 006720 SO CA EDISON COMPANY FEB 2014 FEB ENERGY USAGE 09-440-238-000-000 10-172-238-000-000 10-175-238-000-000 10-190-238-000-000 10-450-238-000-000 10-805-238-000-000 16-510-238-000-000 26-600-238-000-000 26-601-238-000-000 26-602-238-000-000 70230 3/27/2014 006730 SO CA GAS COMPANY FEB 2014 FEB NATURAL GAS/CNG FUEL USAGE Total 'Total Total Amount 12,098 49 0 N 29 35 ao 00 9785 4 166 13 0 14673 Z 88055 L 26720 w; 4900 Lo 1 06995 d 999 Y 2,71675 C) 3998 et 63784 0 78 18 00 75600 c 0 L 52 70 H 5270 IM d Ix Y 68562 m 3534 V 3534 2 677 91 C 90861 E 70713 5,97589 V 4980 Q 41 50 5810 11,175 24 Page 5 ,Packet'Pg 14 vchlist Voucher List Page 6 03/27/2014 7 03 20PM CITY OF GRAND TERRACE Bank code bola Voucher Date Vendor Invoice Description/Account Amount 70230 3/27/2014 006730 SO CA GAS COMPANY (Continued) 10-805-238-000-000 28400 c 09-440-238-000-000 8644 1;4 10-190-238-000-000 53147 0 09-440-272-000-000 2 60 et 10-175-272-000-000 780 0 10-185-272-000-000 2 60 Z Total 91491 �. c� 70231 3/27/2014 011138 SPARKLETTS 9637116 030114 FEB BOTTLED WATER L4 10-190-238-000-000 tM 5341 10-805-238-000-000 1546 09-440-238-000-000 8617 Total 15504 V 70232 4/8/2014 011143 ALBERT A WEBB ASSOCIATES 140440 FEB GT FITNESS PARK PROF SRVS V et 48-600-325-003-000 1,90700 0 Total 1,90700 oNp 0 70233 4/8/2014 011293 ALL AMERICAN ASPHALT 162231 DEBERRY ST REHAB PROJ RETENTION c 46-900-320-000-000 21 381 66 Total 21,38166 N tM 70234 4/8/2014 010444 AN-WIL BAG COMPANY 39879 80 BAGS OF AMO COLDPATCH 16-900-257-000-000 84240 �e Total 84240 avi 70235 4/8/2014 011198 ASCAP 500713485 ANNUAL MUSIC LICENSE FEES V 09-440-228-000-000 10000 10-195-245-000-000 13000 E 10-450-245-000-000 10000 Total 33000 a 70236 4/8/2014 011031 CINTAS CORPORATION #150 150213155 CHILD CARE RESTROOM SUPPLIES 09-440-228-000-000 4377 150241209 CHILD CARE RESTROOM SUPPLIES 09-440-228-000-000 11002 Page 6 'PackebiP,g, 115 vchlist 03/27/2014 7 03 20PM _ Voucher List CITY OF GRAND TERRACE 3Ca Page 7 Bank code bofa Voucher Date Vendor Invoice Description/Account Amount 70236 4/8/2014 011031 CINTAS CORPORATION #150 (Continued) .. 150248256 CHILD CARE RESTROOM SUPPLIES T 0 09-440-228-000-000 12993 N Total 28372 0 4 70237 4/8/2014 001867 COMMERCIAL LANDSCAPE SUPPLY 184112A LANDSCAPING SUPPLIES 10-450-245-000-000 48978 Z Total 48978 d w 70238 4/8/2014 011305 CROWLEY, VIOLA CITE 003664 REFUND CITE 3664 - CITATION DISMISSED T 10-500.02 tM 25500 m Total 25500 Y v 70239 4/8/2014 001950 DATA QUICK B1-2262270 FEB SUBSCRIPTION SRVS 10-370-250-000-000 8700 V 70240 4/8/2014 002258 EMPIRE OFFICE MACHINES 70241 4/8/2014 011061 EZ SUNNYDAY LANDSCAPE 70242 4/8/2014 002301 I FEDEX 70243 4/8/2014 010574 GORTON CAROL 70244 4/8/2014 010691 HDL SOFTWARE LLC 10-380-250-000-000 43 50 v Total 130 50 0 N 93575 TYPEWRITER SERVICE & REPAIR 00 o 10-175-210-000-000 3465 c 10-185-210-000-000 3464 Total 6929 y 5281 MAR PARKS MAINTENCE 10-450-255-000-000 3 390 00 �c Total 3,39000 2-589-03190 FEB/MAR DOCUMENT DELIVERY SRVS U 10-190-220-000-000 w 3070 10-370-210-000-000 8289 E Total 11359 v ca 03192014 REIMBURSE OVERPAID ANNUAL RENTAL FEES a 10-400-08 71 25 Total 7125 0009454-IN PERMIT TRACKING SOFTWARE ANNUAL USER FEE 10-172-246-000-000 1,91490 Page 7 `PackeUPg 1`a 3Ca vchlist Voucher List Page 8 03/27/2014 7 03 20PM CITY OF GRAND TERRACE Bank code bofa Voucher Date Vendor Invoice Description/Account Amount 70244 4/8/2014 010691 HDL SOFTWARE LLC (Continued) Total 1,91490 70245 4/8/2014 010632 HIGH TECH SECURITY SYSTEMS 107487 PICO PARK SECURITY CAMERA REPAIRS c N 10-450-246-000-000 11880 0 107488 PICO PARK SECURITY CAMERA REPAIRS d. 10-450-246-000-000 18360 Total 30240 Z 70246 4/8/2014 005400 OFFICE DEPOT 694791656001 OFFICE SUPPLIES 10-140-210-000-000 8218 T 694791745001 OFFICE SUPPLIES a0 10-140-210-000-000 1618 695456227001 COPY PAPER d 10-190-212-000-000 20606 V 698021353001 OFFICE SUPPLIES .� 09-440-210-000-000 5694 698021612001 OFFICE SUPPLIES c N 09-440-210-000-000 23479 0 699718913001 RETURNED TONER (ITEM 135530)- 9 09-440-210-000-000 -3819 699720027001 OFFICE SUPPLIES 09-440-210-000-000 4620 T tM Total 60416 70247 4/8/2014 005586 PETTY CASH 03242014 REPLENISH C CARE PETTY CASH 09-440-210-000-000 3239 09-440-220-000-000 3301 V 09-440-221-000-000 1485 c 09-440-223-000-000 11946 E 09-440-228-000-000 1532 v 09-440-246-000-000 1873 09-440-272-000-000 31 00 Q Total 26476 70248 4/8/2014 005688 PROTECTION ONE 31891344 3RD QTR ALARM MONITORING SERVICES 10-195-247-000-000 14741 Page 8 "P,acket 1P,9 17, f 3Ca vchlist Voucher List Page 9 03/27/2014 7 03 20PM CITY OF GRAND TERRACE Bank code bofa Voucher Date Vendor Invoice Description/Account Amount 70248 4/8/2014 005688 PROTECTION ONE (Continued) Total 147 41 70249 4/8/2014 006310 ROADRUNNER SELF STORAGE INC 17124 APR STORAGE RENTAL o N 70250 4/8/2014 011071 STANCKIEWITZ W 70251 4/8/2014 011275 SYSCO RIVERSIDE INC 70252 4/8/2014 011251 TYCO INTEGRATED SECURITY LLC 70253 4/8/2014 007920 WILLDAN 10-140-241-000-000 APR 2014 APR HEALTH INS REIM-STANCKIEWITZ 10-110-142-000-000 4031107263 CHILD CARE FOOD ITEMS 09-440-220-000-000 4031107271 CHILD CARE FOOD ITEMS 09-440-220-000-000 4031805437 CHILD CARE FOOD SUPPLIES 09-440-220-000-000 4031805445 CHILD CARE FOOD SUPPLIES 09-440-220-000-000 4032504864 CHILD CARE FOOD SUPPLIES 09-440-220-000-000 4032504872 CHILD CARE FOOD SUPPLIES 09-440-220-000-000 21418839 4TH QTR C CARE ALARM MONITORING 09-440-247-000-000 002-14201 FEB PLAN CHECK & INSPECTION SRVS 10-172-250-000-000 002-14202 FEB BUILDING OFFICAL/PERMIT TECH SRVS 10-172-250-100-000 002-14203 FEB PUBLIC WORKS ADMIN SRVS 10-175-255-100-000 002-14204 FEB COLTON SEWER AGRMNT SRVS 21-572-250-100-000 Total Total Total Total 12400 0 12400 le 0 O 39550 Z L 395 50 Ul d 46935 85 88 t C� 52145 e T- 0 15304 0No 0 10348 c L d w 461 98 N 1,79518 Y 37500 37500 V r C d 5,08000 E v ca 5,027 50 Q 2,56000 32500 Page 9 Packet'P,g 118 ' vchlist 03/27/2014 7 03 20PM Voucher List CITY OF GRAND TERRACE Bank code bola Voucher Date Vendor Invoice Description/Account 70253 4/8/2014 007920 WILLDAN (Continued) Total 70254 4/8/2014 010864 WIRZ, MATT 03192014 MILEAGE REIMBURSEMENT-M WIRZ 70255 4/8/2014 011274 TRAMUTOLA, LLC 50 Vouchers for bank code bofa 50 Vouchers in this report r 21-175-271-000-000 120952 CONSULTANT SERVICE FEES 10-190-250-000-000 Total Total Bank total Total vouchers Page 10 Amount 12,992 50 0 N 6837 c 683 4 0 O 5 464 40 Z 5,46440 cr La 270,809 35 270,809 35 v d V Page 10 ~,Packet;(Pg,f ;9) � 4P11 �17 g°xaz� AGENDA REPORT t t MEETING DATE April 8, 2014 Council Item TITLE _ Agreements Between the City of Grand Terrace and County of San Bernardino for Participation and _Implementation of the Community Development Block Grant Program PRESENTED BY Sandra Molina, Interim Community Development Director RECOMMENDATION 1) Approve the Cooperation Agreement and the Delegate Agency Agreement between the City of Grand Terrace and County of San Bernardino for Fiscal Years 2015-2016, 2016- 2017, and 2017-2018, and 2) Authorize the City Manager to approve automatic renewals of future Agreements for participation in the CDBG Proaram 1 1 4 , BACKGROUND Because Grand Terrace's population is below 50,000, we do, not qualify as an entitlement city for direct receipt of Federal Community Development Block Grant (CDBG) Rather, the City participates in the CDBG program as a cooperative city in the County Consortium, and receives annual CDBG f funding through the County of San Bernardino The County assumes }responsibility for program administration and requires the City to recommend CDBG funding priorities each year 7, There are two City -County agreements through which the program is implemented, the Cooperation Agreement and the Delegate Agency Agreement The current Agreements expire on June 30, 2015 Because the new succeeding Agreements are due to HUD in early July 2015, the County has started processing the new Agreements for the three fiscal years beginning on July 1, 2015 I` DISCUSSION Cooperation Agreement This Agreement is required by HUD to include the City of Grand Terrace as a participant in the County's CDBG Program It allows the City's population statistics to be used by HUD to re -qualify the County as an Urban County and to calculate the County's total grant amount The attached Agreement will remain effective for the three-year period, expiring on June 30, 2018 As a cooperating city, we cannot apply directly to HUD for CDBG funds Delegate Agency Agreement �Pac01_ g 20 8Aa t,, COOPERATIPWAGREEMENTiFOR HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT AND PLANNING GRANTS FOR FISCAL YEARS 2015-16, 2016-17, 2017-18 AND SUBSEQUENT AUTOMATIC RENEWALS, t� UNLESS TERMINATED r,tA-;-< This Agreement is made and entered into this day of , 2014, by and between the Count of San Bernardino, of the State of California, hereinafter referred to as "COUNTY", and the City of Grand Terrace a City within COUNTY, hereinafter referred to as "CITY" J WHEREAS, ,U S Department of Housing and Urban Development,, hereinafter -called, HUD, provide Community Development Block Grant, Catalog of Federal Domestic Assistance (CFDA) 4#14 218; HOMI Investment Partnership, CFDA #14 239, and Emergency Solutions Grants, CFDA #14 231, funds and other grant directly to qualified Metropolitan Cities, and Urban Counties via their Community, Planning and Developmen N (CPD) Division, and, E WHEREAS, the Housing and,Community Development,Act of 1974,t,as amended (Public Law 93-383, hereinafter referred to as, ACT, provides that Community Development^Block Grant;, hereinafter referred to a "CDBG", funds may be used for the support of activities that provide decent 'housing' and suitable livint environments and expanded economic opportunities principally for persons of low- and moderate -income, and, o .. ; WHEREAS, the Congress of the United States has -enacted the -Cranston -Gonzalez, National,Affordablt co Housing,Act, Title it of this Act created the HOME Investment Partnership Program, hereinafter called '-'HOME' o that provides funds to states and local governments for, the ;purpose,#of increasing the.number of affordabl( 04 housing opportunities for low- and moderate income families, and N WHEREAS, the Congress of the United States provides funding for the/,Emergency Solutions Grar d Program, hereinafter called "ESG", for the purpose of assisting individuals and families in quickly regamm( 5 stability in permanent housing after experiencing a housing crisis or homelessness, and ra WHEREAS, this Cooperation Agreement covers CDBG, HOME, ESG and other HUD entitlement grantE c andt r 2 w F r Q. 4 WHEREAS, COUNTY is a qualified Urban County and hereinafter'COUNTY.PROGRAM will refer to tht °o COUNTY's CDBG, HOME, ESG and other HUD grants program as wellfas to the legislation and regulations the v createdtand funded these programs, and > `i 3 _ WHEREAS; HUD requires Metropolitan Cities and Urban Counties.to re -qualify every three (3),years n s order to receive an allocation of vanous'grant funds from HUD, and - WHEREAS, CITY and COUNTY both desire for CITY to continue to beta parttof COUNTY PROGRAM st both entities_ can benefit from increased efficiencies though economies of scale created by having the City' funding allocation of these grants be added and be a part of the'COUNTY+ PROGRAM for, 20,15-16, 2016-17 2017-18 and every three (3) years thereafter, and , r r r • _ WHEREAS CITY and COUNTY agree -that COUNTY shall be` -solely responsible for administering managing and directing COUNTYP,ROGRAM including but not limited to the preparation of -the. Consolidated Plai that is required to bersubmitted to HUD to order for COUNTYf to have access to COUNTY PROGRAM tfunds ant as such COUNTY has final authonty for selecting activities that wdl;beJunded with COUNTY PROGRAM fund and, - r < Revised^1,/8/13 + Packet Pg 22 3 5 subsequent three (3) year, qualificationx,period CITY agrees -to send a timely response letter to COUNT` �statmg -its intentions to either, continue to,,be a part,the COUNTY +PROGRAM'�or to elect to terminate thi AGREEMENT and not be a part of the COUNTY's upcoming submission to HUD to re -qualify as an Urbai County for the subsequent three (3) year period The COUNTY will submit to HUD the letter notifying CITY of its ability?to terminate this AGREEMENT as we as the CITY' s,response,letter COUNTY will also submit to HUD a written -legal opinion provided by COUNT` Counsel stating that the terms and provisions continue to be authorized under state and local law and the the'AGREEMENT continues to,providefull legal authority for COUNTY' This automatic- renewal procedure will remain the same even if the CITY is recognized by HUD as + Metropolitan City and therefore could receive CDBG funds directly from HUD ' - The CITY will provide either CITY, Council minutes approving the CITY being, a part of the COUNTY Urbai H County program, and to the automatic,renewal procedure l d j E PREPARATION OF APPLICATION COUNTY, by and through its Economic Development Agency (EDA), subject to approval of the COUNT' Board of Supervisors, shall be responsible for preparing and` submitting to HOD all necessary application o for the COUNTY PROGRAM entitlement grants , Thi-s duty shall include the preparation and processing c �? A COUNTY Housing; Community and Economic Development Needs Identification Report, Utizei o0 Participation Plans, "the County Consolidated Plan, and other related items'Lassociated with COUNT' N PROGRAM grants which satisfy its associated application requirements and regulations All documenfi' will mclude'£info�mation provided by CITY r °° ri COMPLIANCE WITH"FINAL PROGRAMS`(AND PLANS d COUNTY and CITY shall comply 'in`all respects with final Community Development` plans and program Im and the Consolidated Plan which are developed through mutual cooperation pursuant to the applicatioi = requirements of -COUNTY PRdGRAM'and their regulations and approved by HUD C w 1 r F Y COMPLIANCE WITH LEGISLATION AND REGULATIONS c 0 COUNTY and CITY shall comply with all applicable requirements of COUNTY PROGRAM and associate( regulations, in utilizing'grant`funds under legislation that created and govern these grants; and shall take w; all actions necessary to assure compliance with COUNTY certifications required=by Section 104(b) of Titl( m 1 of ACT, as `amended regafding the provisions of tlie�National Environmental Policy Act of 1969, Title Vl c = the`Civd' Ribhts'Act of 1964`, Title VIII of the Civil Rights Act of 1968, Executive C der 11988, Section 10, of Title I of ACT which incorporates Section 504 of the Rehabilitation Act of 1973 and the Ag( a Discrimination Act of 1975, the Fair Housing Act, and affirmatively furthering fairxhousjng and othe applicable federal laws CITY agrees that CDBG and HOME funding for activities in or in support of CET' are, prohibited if -CITY does not affirmatively further fair housing within its own jurisdiction or impede. COUNTY actions to domplyawith its fair housing certification CITY may be required to demonstrate how complies JMth the fair housing requirement' To ensure compliance with applicable regulations, CIT' agrees to adhere to the Delegate Agency Agreement which -is' Exhibit 1 of this AGREEMENT and th( accompanying Attachments In order f& COUNTY to avoid the risk' of losing CDBG funds as a result'of CITY not spending CITY CDB( funds in a timely manner as required by the ACT, COUNTY and CITY both agree that COUNTY has th( authority to transfer CITY CDBG funds to any CDBG-eligible project/program at COUNTY's sole discretioi if CITY is not'spending its,CDBG funds`'in a timely manner Pnor to t�ansfernhg CITY CDBG funds COUNTY will notify CITY in writing that CITY- is at risk of not` meetings this''timeliness requirement an( therefore COUNTY will transfer CITY CDBG funds if timeliness is not met As referred to in SECTION lu Revised 1/8/13, Packet''Pg 24 '8yA-a negligent acts, errors or omissions of the COUNTY, its),authorized officers,? employees, agents, o volunteers h ` , _ } - I , 5' 9 SELF-INSURANCE The CITY and the COUNTY are authorized self -insured public -entities for purposes` of general liability t automobile liability, professional liability and Eworkers'- compensation ,CITY arfd COUNTY, warrant the through, -their respectivet'programs ofiself-insurance; they have adequate coverage or resources to protec against any liabilities - ansing rout of their ^ performance regarding the terms and conditions, of thi AGREEMENT 1, i i i 11�,k , , _ t < 10 DISPOSITION OF FUNDS Unless prohibited by Federal Regulations, COUNTY and CITY agree that, to the greatest extent feasible y CDBG funds will' be allocated by COUNTY to CITY out of the funds received pursuant to`,ACT, according to,its' proportional -demographics, for activities and/or projects prioritized Eby CITY to alleviate its identifies E community development needs eligible under --ACT COUNTY, though its Board,of*Supervisors,shall bg 2 responsible for determining ithe final disposition and distribution ofall fund&received,by COUNTY unde a ACT and other related, grants , and for selecting the, projects for which such funds shall be used Botl ,parties agree that COUNTY_ has the authorization to redistribute,such funds when said projects are nc o implemented in a timely manner as described in SECTION 5, COMPLIANCE WITH LEGISLATION AN[ 0 REGULATIONS ° F r , - o0 HOME funds will be allocated by COUNTYito, Developer(s) i based on a' ,competitive Notice of Funding o `A Available process to address>affordable hodsing need`s by funding activitieg that are -eligible under HOMI o regulations and) COUNTY, by its `Board of Supervisors,, -shall lbe, responsible for determining the finE disposition and distribution of all funds received'uby_COUNTY, underlthe HOME°program as well as thi other COUNTY PROGRAM funds and for selecting the projects for which such funds shall be used „i 'other COUNTY shall -be compensated Jon,administ6ring COUNTY .PROGRAM -and related grants b � �F utilizing allowabld,,plannmg and administrative fee(s) and a project implementationfee ,,, C 11 DISPOSITION OF PROGRAM INCOME ' ! o v r CITY shall inform COUNTY regarding any income generated by the expenditure of COUNTY PROGRAP o funds received by CITY All said income, even if it isjeceived after, this AGREEMENT ha's expired, sha w promptly be paid to COUNTY COUNTY shall be responsible for monitoring and reporting to HUD on thi m use of any such program income, CITY is required to keep appropriate records and `provide reports tg = COUNTY regarding program income In the event of COUNTY PROGRAM funds close-out or change u status of,CITY under COUNTY PROGRAM funds, anyrprogram i income that i§' on =hand or receivei subsequent-to,the close-out or change in status shall, be,paidA6—COUNTY Any,rncome,generated fron the disposition or transferof-real property prior to any such close-out,or change,of;;status shall be treateg the same as program income Any income generated from the disposition- or transfer of real propert subsequent tolany,such close-out or change of status shall promptly be paid to COUNTY a 12 DISPOSITION OF REAL PROPERTY' This section}sets forth the standards which shall apply to real property acquired or improveddri whole or n part using CDBG and HOME funds that are I allocated Ito (within thd,control of) CITY , Prior to an modification or change in the use of said real property_from the use or ownership planned at the time of it acquisition or improvements, CITY shall notify COUNTY and obtain authorization for said modification c change CITY shall reimburse COUNTY with non-CDBG and non -HOME funds, in an amountrequal to thg current fair_market value (less any portion thereof attributable to expenditures of non-CDBG or non -HOME Revised 1/8/13, f,packet,P'g' 26 pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a characte similar in the locality as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (41 U S C 31) This is referred to as the "wage rate" requirement - The above described provisions constitute notice wnder ARRA of the Buy American and wage rat( requirements Contractor must contact the County contact if it has .any questions regarding th( applicability or implementation of the ARRA Buy American and wage rate requirements Contractor wi also be required to provide detailed information regarding compliance with the Buy Amencai requirements, expenditure of funds and wages paid to employees so that the County may fulfill an reporting requirements it has under ARRA The information may be required as frequently as monthly c quarterly Contractor agrees to fully cooperate in providing information or documents as requested by th( County pursuant to this provision Failure to do so will be deemed a default and may result in th, withholding of payments,and termination of this Contract _ I y Contractor may also be required to register in the Central Contractor Registration (CCR) databases d http //www ccr gov and may be required to have its subcontractors also register in the same database E Contractor must contact the County with any questions regarding registration requirements a� a Schedule of Expenditure of Federal Awards ti s, d Q In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accountirn 0— and reporting of ARRA expenditures in single audits is required Contractor agrees to separately identif co the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federe N Awards (SEFA) and -,the Data Collection Form (SF -SAC) required by the Office of Management an(' Budget Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations" Tlii N identification on the SEFA and SF -SAC shall include the Federal award number, the Catalog of Fed'erE _ Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure 1 50 provided for ARRA funds by Federal award number consistent with the recipient reports required by AR Pi d Section 1512 (c) In addition, Contractor agrees to separately identify to each subcontractor,,and document at the time c w sub -contract and at the time of disbursement of funds, the Federal award number, any special CFDJ E number assigned for ARRA purposes, and amount of ARRA funds c 0 Contractor may be required to provide detailed information regarding expenditures so that the County ma fulfill any reporting requirements under ARRA described in this section The information may be requires as frequently as monthly or quarterly Contractor agrees to fully cooperate in providing information c E documents as requested by the County pursuant to this provision Failure to do so will be deemed , ,0 default and may result in the withholding of payments and termination of this Contract c a // // // // Revised 1/8/13 Packet'Pg 28 r` ,t ` ,,, ,.tr t COMMUNITY DEVELOPMENT BLOCK GRANT CITY -COUNTY DELEGATE AGENCY AGREEMENT Y For Fiscal Years 2015-16, 2016-17, 2017-18 and`SUBSEQUENT AUTOMATIC RENEWALS/ r UNLESS TERMINATED I _if' ` ,) ,r This Agreement accompanies the Cooperation Agreement, herein after referred to as AGREEMENT, made and entered into, by and between the County of San Bernardino a political subdivision of the State of California, referred,to as "COUNTY", and the City of Grand Terrace, a municipal corporation located within the boundaries of San Bernardino County, referred to as "CITY"- .j WITNESSETH ,-WHEREAS, COUNTY has been designated an "Urban County" by, the United States Department of _ Housing and Urban Development, hereinafter referred to as "HUD' , as that term+ is defined in Title I of the 2 Housing and Community Development Act of 1974 as amended, hereinafter referred to as "ACT", and 0) Whereas, COUNTY will administer a- Community, Development Block Grant (CDBG) program (CFDA No 14 218) that includes the development of a Consolidated Submission of the HUD Housing and Community Development_ Grant programs, hereinafter referred to, as "CONSOLIDATED PLAN", which constitutes COUNTY`s application for federal assistance under said ACT, and, _• M v WHEREAS, CITY and COUNTY have entered into a `Cooperation Agreefrient so as to enable CITY to = be a part of COUNTY's CDBG program, commencing with Fiscal Years 2015-16, 2016=17, 2017-18 and set to automatically fenew for three (3) year genods while the COUNTY is designated as an Urban County, to which 0 6r sfit{ rot t K �Ef } this t Delegate Agency Agreement is subordinate and supplementarys agreement per SECTION 14 of a Cooperation Agreement, and , WHEREAS, COUNTY administers a CDBG program for a number of cooperating cries, _and in the a unincorporated areas of San Bernardino County, through its Economic Development Agency, hereinafter d referred to as "EDA", and, p d WHEREAS, CITY has the ability, expertise and resources to manage and administer CDBG-funded o projects/programs and agrees to adhere to all rules, regulations and related requirements associated with the a _ utilization of CDBG funds, and, - d r E " WHEREAS, CITY desires to assume the responsibility of project implementation within its corporate limits in cooperation with COUNTY, and, _ a WHEREAS, both COUNTY and CITY seek to coordinate their community development and neighborhood revitalization efforts in order to fully utilize all available resources'while increasing efficiencies though economies of scale associated with the planning and administration of a large scale CDBG program, 1 ° and , NOW, THEREFORE, it is understood and agreed by acid between the parties hereto" as follows 1 PURPOSE ' This Delegate Agency Agreement, which } is Exhibit 1 to ;the Cooperation AGREEMENT, is made pursuant to the prov_isiorfs of Afticle 1, Chapter5,, Division 7, Title I of the Government Code of the State of�California`(commencing`pith Section 6500), relating to public agencies The purpose of this Delegate Agency Agreement is b to enable CITY to Lmplement CITY-CDBG"funded projects pr programs while adhering to the provisions of the Cooperation AGREEMENT in carrying out CDBG activities that have been approved by COUNTY for CITY in accordance with the CONSOLIDATED' PLAN Pg Revised'1/8/13 Packet , 30 5 0 51 MODIFICATION OF AUTHORIZED PROJECTS , All modifications to AUTHORIZED PROJECT must be pre -approved by COUNTY in order to be considered a part of AUTHORIZED PROJECT and eligible',for reimbursement by COUNTY CITY may request modification(s) to CDBG funding levels authorized by Attachment A or the pertinent Protect Description (i a Scope of Activity).authorized by Attachment B' ;Upon receipt of a written request from CITY, and,approval by, COUNTY, COUNTY will revise Attachments A and B CONSOLIDATED PLAN AMENDMENT Requests by CITY to add, delete, or substantially modify an activity listed in CONSOLIDATED PLAN must be made in writing to COUNTY Requests to add new activity(ies) must be accompanied by a CDBG protect proposal application Substantial modifications are defined as follows 1) an increase in funding for a CDBG public service - type activity in an amount greater than $50,000 over the current funded amount, or 2) an increase in the funding for other activities (public facility improvements,; code' enforcement, acquisition, etc ) in an amount greater than $40000 over the current funded amount, or 3)'A new activity not previously listed and descnbed in the Consolidated Plan/Annual Action Plan, or 4) a change in'the type of activity, of 5) a change in the location of the activity, or`6) a change in the beneficiaries of the activity Requests for additions and substantial modifications will be reviewed by COUNTY for eligibility and compatibility with CONSOLIDATED PLAN Additions, deletions and substantial modifications must be approved by CITY Council action and supportive documentation -for -said action must be sent to COUNTY CITY shall comply with the requirements of and participate in the implementation of the citizen participation portion of CONSOLIDATED PLAN COUNTY RESPONSIBILITIES COUNTY, through EDA, is empowered to enforce all federal regulations pertaining to CDBG-funded protects undertaken by CITY under AGREEMENT CITY recognizes that COUNTY, as the formal grantee of the CDBG, has full responsibility and obligations to HUD for undertaking the CDBG Program and has full authority in administering and allocating, funds CITY will have no direct responsibilities or obligations to HUD, except as identified, under AGREEMENT COUNTY will provide technical assistance to CITY in a timely and expeditious manner upon written request to EDA Administrator CONFORMANCE TO COUNTY PROCEDURES Under this Delegate Agency Agreement, CITY elects to be responsible for, implementing CDBG- funded protects However, in implementing said protects, CITY must perform all services and activities in accordance with federal and state statutory requirements and with the policies and procedures established by the Board of Supervisors, and shall comply with the following A COMMUNITY DEVELOPMENT ADMINISTRATOR Upon COUNTY and CITY's mutual assent to this Delegate Agency Agreement, CITY will designate a "Community Development Administrator's by filling in the name of said person in the space provided below The Community Development Administrator is the responsible authority for all correspondence with COUNTY,, and is the signatory, on AUTHORIZED PROJECT Attachments A and B and shall advise the CITY Council, CITY administration and CITY staff, as appropriate regarding the CDBG program _ECITY may,`by written notification as set forth below, change the Community Development Administrator' CITY's Community Development Administrator for this Delegate Agency Agreement is Revised 1/8/13 Packet period, COUNTY shall have full authority to reallocate CITY's CDBG program funding to any other eligible activity(ies), which can be implemented or to assume sole responsibility fo_fjibftng�out any and/or all AUTHORIZED PROJECTS, upon written notice to CITY Upon such notice, CITY agrees to g4)ceaserall activity provided hereunder,, as specified in said not ic e_ <- , t , , _ :;a,_' - a:rl 3*-_- ' 13 iRROGRAM INCOME z" A+Program income represents -net income adirectlycgenerated from-the.use ofCDBG--funds by gCITY as a ` fesWt of -they activity funded, urider,the, terms of AGREEMENT-tWhen,such incomeiis,generated by an activity only partially, assisted mith+CDBG furids,,the income";shall be prorated to reflects{the percentage of CDBGsfunds used,tCITY shall,return-program incometo COW NTYreven if,it+is received After this AGREEMENT.,has expired, COUNTY shall -have full authority,to reallocate program income'funding to any other eligible activity(ies), which can be implemented in a satisfactory' 'or bmely_ mann&.,consistent with federal regulations or policy Program income shall be returned to COUNTY within 30 days after a) disposition or sale of real or personal property occurs or, b) cumulative program incomereaches increments of $1,000, or c) the end of each fiscal year CITY shall include in the reports required by r r Section 14RROGRAWREPORTING AND RETENTION OF -RECORDS, all -sources and amounts of program income on a monthly=and year-to-date, basis ` Program income returned by COUNTY to CITY will be spent by CITY on only those costs authorized under this Delegate Agency Agreement All provisions of AGREEMENT shall apply to said use of Alprogram income funds CITY shall faccountr for the .receipt and use of program iricomeir such a way that,progam`income'is spentron AUTHORIZED PROJECTS before additional C,DBGtfunds'are spent + ,. 7 1" �J7 q?r• r e °5 i b ! o-.r~ }�~ + � r' {�w ?, ti ' r. 'dii i+� i"r7r S' �iL� Any program income on -hand whenathis AGREEEMENT, expires or=is received afterisuch expiration will be paid to COUNTY with imthirty=(30))days r —` 14 PROGRAM REPORTING -AND RETENTION OF}RECORDS rs ar CITY agrees to prepare -and submit financial, program progress, andtother reportst as requiredb by HUD r or COUNTY'directives CITY ,shallYmaintam such program, +property,, personnel, financial; `statistical and other records, i'supporting documents, and accounts gas are considered~necessary, by; HUD or COUNTY, to,assure proper accounting for all AGREEMENT' fundv, Said,records, documents and r accounts^are to be'retaindity-CITY,for a minimum of five;years,.The retention period starts'from the date the' +COUNTY submits its annualt+performancesrand°evaluation >report, as3prescribed 'in_.24 CFR t 91520, rn,which the service under+the terms of this AGREEMENT-�is'feportedbn'for, the,final time Said COUNTY submission lwdl-follow CITY's final, submission to COUNTY ofireports�identifted under thisrparagraph Records}'and accounts subject to litigatiowor-audit mu9t1e=maintained^forffive years or until the issue is resolved, whichever is longer Records that pertain to real estate transactions must be maintained for five years or the number of years that there is an outstanding obligation, whichever is longer The starting date for retention of records on CDBG-purchased equipment begins at the end of the equipment's use, when it is disposed of,or transferred The retentionsp!eribd for records relating to program incometliegins;on the,last date of COUNTY fiscal year in which Ahes income, is earned All CITY's. records, with rthe exception of confidential client information, shall be made available to representatives of _COUNTY and the appropriate federal agencies CITY is required to submit data necessary to enable the COUNTY to z complete^any,and allrtnecessary+reports inaccordancewith HUD regulations m,the format and at the time designated by„the EDA'Admmistratpr or his designee ?" S '`rqe% • e , rr s � _ ,Packet'Pg',�4 ^_ "Revised 1/8/93 , — 8Ab� CDBG funds for the acquisition of, or improvement to the property This Section 18 shall survive the termination of this AGREEMENT 19 TERMINATION AND TERMINATION COSTS ` This Delegate Agency Agreement may be terminated in whole or in `part at any time by either party upon giving 60 days notice in writing to the other party if for whatever reason either party no longer desires to have CITY implement CDBG funded protects/programs If the DelegatelAgency Ag-reement is terminated, the AGREEMENT shall continue in full force until such time as described in SECTION 1 GENERAL and SECTION-2 TERM of AGREEMENT An agreement must be reached by both parties as to conditions for termination in compliance with the provisions -of federal regulations at 24 CFR`Part $5 44, Termination for Convenience EDA is hereby empowered to give said notice subject to ratification by the COUNTY,Board of Supervisors COUNTY may immediately terminate this Delegate Agency Agreement upon the termination, suspension, discontinuation or substantial' reduction in HUD CDBG funding for the Delegate Agency Agreement activity or if for any reason the timely completion of the�work under this AGREEMENT is rendered improbable, infeasible or impossible If CITY materially fads to comply with any term of this AGREEMENT, COUNTY may take one or more of the actions provided under -the federal regulation at 24 CFR Part 85 43, Enforcement, which includes., temporarily withholdings cash, disallowing non- compliant costs, wholly or partly terminating the award, withholding, future !awards, and other remedies that are legally available In such an event, CITY shall be compensated for all services rendered and all necessarily incurred costs performed in good faith,in accordance with the terms of this, Agreement that have been previously reimbursed, to the date of said termination to the}extent,that CDBG funds are available from HUD ' 20 PROJECT ACKNOWLEDGMENT I i . d Should CITY, determine that the funding sources or the names of responsible public officials be displayed on a completed building or -significant protect, such, identification should be acknowledged on a plaque, permanently mounted in an appropriate location, made of bronze or other appropriate material, acknowledging the funding source as the Department of Housing and Urban Development, San Bernardino County Community Development Block Grant The current Board of Supervisors and the members of the CITY Council shall also be identified When multiple funding sources are utilized to construct a protect, Tall funding- sources shall, be identified The -listing order of multiple funding sources identified on the plaque shall be the largest dollar amount first, the second largest dollar amount second, etc i , 21 CONTRACT'COMPLIANCE CITY will take all necessary affirmative steps to assure that minority firms, women's business enterprises; and Labor -Surplus Area Firms (a firm located in an area bf high unemployment) are used when possible in compliance with provisions of Title 24 code of federal regulations Part 85 36(e) ITY shall comply with Executive Orders 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107, (Equal Employment Opportunity), Executive Orders 11625, 12138, 12432, 12250, and Executive Order 13279 (Equal Protection of the Laws for Faith -Based and Community Organizations),, Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, and other applicable federal,, state and COUNTY laws, regulations and'policies, relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted CITY shall make every effort to ensure that all protects funded wholly or in part by CDBG program funds shall provide equal employment and career advancement opportunities for minorities and women In addition, CITY shall make every effort to employ residents of the area and shall keep a report of CITY staff positions that have been funded directly by, or as a result of this program __Revised 1/8/13 Packet. Pg 36 �__ - xt ------------ ti_.� �A8 r_ A, 26 INDEMNIFICATION ' CITY agrees -tor indemnify; defend and hold harmless COUNTY and its respective, authorized officers, employees, agents and volunteers from ahy and all claims; actions,, losses, damages, and/or liability arising out of this AGREEMENT, resulting from the negligent acts, errors or omissions -of the CITY, its authorized bfficers, employees, agents or volunteers, including, but not limited to; such liability, claims, losses, demands, and, actions -incurred by COUNTY as,,a result of the determination by HUD or its successor that activities, undertaken by CITY under the program(s) fail to, comply with any laws, regulations or policies�applicabl&thereto or that any, funds,ibilled by and 'disbursed to CITY under this AGREEMENT were improperly expended ° I - COUNTY agrees to indemnify, defend and hold harmless CITY, its officers, agents, volunteers, and employees, from any, and all claims, actual losses, damages and or liability that may result from the negligent acts, errors or omissions of the COUNTY, its authorized officers, employees, agents, or volunteers I , This SECTION 26 INDEMNICATION shall survive the termination of this Delegate AgencyVAgreement 27 SELF-INSURANCE The CITY and the COUNTY -are authorized self -insured public entities for purposes ofgeneral liability, automobile liability, professional liability and workers' compensation- CITY4 and COUNTY,warrant that -through their, respective programs of self-insurance, they have adequate, coverage or resources to protect against zany liabilities arising out of their performance regarding the terms and conditions of this AGREEMENT 28 AMENDMENTS VARIATIONS This writing, with attachments, embodies the' whole of this Delegate Agency Agreement of -the parties hereto There are no oral agreements contained herein Except as herein -provided, additions or variations of the terms of this Delegate Agency Agreement,shall not be valid unless made in the form of a written amendment to this Delegate Agency Agreement formally approved and executed by both parties _ I > 29 AMERICAN RECOVFRY,AND REINVESTMENT ACT FUNDING-(ARRA) Use of ARRA Funds and Requirements This AGREEMENT may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009 ('ARRA"), signed into law on February 17, 2009 Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as defined in 2 CFR 176 140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176 140) used in the project are produced in the United States A waiver is available under three limited circumstances (i) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality, (ii) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent, or (iii) Applying the domestic preference would be inconsistent with the public interest This is referred to as the "Buy American" requirement Request for a waiver must be made to the County for an appropriate determination Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects `^ d Packet Pg_k38 Revised 1/8/13 1- t Whistleblower Protection Contractor agrees that both it and Its subcontractors shall comply with Section 1553 of the ARRA, which prohibits all non -Federal contractors, including the State, and all contractors of the State, from discharging, demoting or otherwise discriminating against an employee for disclosures by the employee that the employee reasonably believes are evidence of (1) gross mismanagement of a contract relating to ARRA funds, (2) a gross waste of ARRA funds, (3) a substantial and specific danger to public health or safety related to the implementation or use of ARRA funds, (4) an abuse of authority related to the implementation or use of recovery funds, or (5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to ARRA funds Contractor agrees that it and its subcontractors shall post notice of the rights and remedies available to employees under Section 1553 of Division A, Title XV of the ARRA COUNTY OF SAN BERNARDINO Janice Rutherford, Chair, Board of Supervisors Dated SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Laura H Welch Clerk of the Board of Supervisors of the County of San Bernardino By Deputy Approved as to Legal Form County Counsel Date Reviewed by Contract .79 Date CITY OF GRAND TERRACE ► By — (Authorized signature - sign in blue ink) Name Wait Stanckiewitz (Print or type name of person signing contract) Title Mayor (Print or Type Dated Address 22795 Barton Road Grand Terrace, CA 92313-5207 to BOS for Signature ► Department Head Date a Packet Revised 1/8/13 Pg 40 ATTACHMENT A - REQUEST TO INITIATE PROJECT/ACTIVITY PROJECT/CASE NUMBER DATE OF ORIGINAL ISSUE CFDA No 14 218 TARGET AREA ORIGINAL DATE OF REVISION REVISION No Pursuant to the terms of the Delegate Agency Agreement between Economic Development Agency (EDA)/Department of Community Development and Housing (CDH), and the City of , dated , CDH hereby requests that the following project/activity be initiated There will be no changes in Project/Activity Title, Activity Budget (Attachment A) or in the Activity Description (Attachment B) without written approval of EDA Administrator/CDH Director/ or their Designee PROJECT/ACTIVITY TITLE ACTIVITY LOCATION DATE OF RELEASE OF FUNDS SCHEDULE OF CITY CDBG ALLOCATION TOTAL PROJECT FUNDING $ CITY CDBG ALLOCATION RELEASED $ CITY CDBG FUNDS EXPENDED AS OF $ BALANCE OF FUNDS AVAILABLE $ Year 1-37 Year 38 Year 39 Year 40 Year 41 Year 42 Year 43 Act# Act# Act# Act# Act# Act# Act# TOTAL OF 75-2012 2012-13 20( 13-141 2014-15 2015-16 2016-17 (2017-18) 43 YEARS MAINTENANCE AND OPERATION BUDGET/AGREEMENT OTHER PERTINENT INFORMATION ACCEPTANCE OF REQUEST TO INITIATE PROJECT/ACTIVITY I hereby acknowledge the receipt of the Request to Initiate the above Project/Activity and agree to implement the activity described in Attachment B (Project/Activity Description) in accordance with the above Allocation and Balance of Funds Available subject to necessary approvals of the Board of Supervisors The proposed budget for this project is as follows LAND ACQUISITION $ PURCHASE OF EQUIPMENT $ STAFF COST RELATED CONSTRUCTION COST $ TO LAND ACQUISITION $ CITY STAFF COST $ DESIGN $ CONTINGENCY $ CONSULTANT SERVICES $ TOTAL CITY CDBG ALLOCATION AVAILABLE $ IMPLEMENTING CITY SIGNATURE COUNTY OF SAN BERNARDINO EDA Administrator/ CDH Director or Designee DATE TITLE DATE PacketiN 4_1k 8Ab ATTACHMENT B - PROJECT/ACTIVITY DESCRIPTION PROJECT/CASE NUMBER DATE OF ORIGINAL ISSUE CFDA No 14 218 ORIGINAL REVISION No TARGET AREA PROJECT/ACTIVITY TITLE ACTIVITY LOCATION ACTIVITY DESCRIPTION IMPLEMENTING CITY DATE OF REVISION DATE SIGNATURE TITLE COUNTY OF SAN BERNARDINO EDA Administrator/CDH Director or Designee DATE a t _ _- Packet Pg 42 Attachment C COUNTY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY DELEGATE AGENCY t COORDINATION PROCEyDURES r 8 b Introduction Yrt i The following procedures identify the actions, responsibilities, and sequence of events for Community Development Blocki Grant, hereinafter, referred to -as "CDBG",, funded projects being ,implemented by a coordinated effort between, the County, of San Bernardino Economic DeveloprnentAgency hereinafter referred to as EDA and the Delegate Agency, hereinafter referred to as "DA" For each action or event listed -in Section III of this attachment, the entity responsible- for, carrying, out` that action or event is referenced beside it Section IV contains regulations and statutes applicable `to CDBG funded activities II Authorization to Proceed The Delegate Agency is not authorized to expend funds or to initiate CDBG projects until authofized to do so in writing by EDA. Contract procurement, shall be' govefned by all"Federal regulations and statutes, as amended, listed in Section IV of the Attachment EDA payments of DA �f Requests Jfor-Reimbursement will' be'3subject to DA submittal of a -complete reimbursement report package as listed in Section'111',tiD-20 , i# „r A Proiect/Activity'Budget Each project actiVity,is initiated by ai Attachment °A" 'The Attachment"'A"_is released when the project/activity is ready to be implemented and subsequent to environmental clearance and release` of fundsfrom HUD` It specifies?the total-fdridirieallocation,forLthe project/activity, the pdrtions'currently released and-available to expend, the budget categories, the allocation will be expended ,under,, and -`the entity ,responsible for ,maintenance and operation of the completed S protect ' In accepting the -Attachment "'A" the DA+ is td complete an estimated budget showing the allocation distribution to de"siign costs, staff costs, construction costs, etc This breakdown may also include a contingency or inflation factor not to exceed 10% of the total activity allocation Approval to change the project/activity budget/funds available will come from EDA in the form of a revised Attachment` "A" (and corresponding Attachment " B", if appropriate) B Activity Description i �Ik r, >' The activity description is forwarded to the DA as Attachment "B" The preparation of the prbjdct'descnpti6n, both preliminary and final, is the iesponsibility of the EDA Community Development Division '+ (" - ' - , The description should be specific enough for use as"the scope of work funded by CDBG money in a Request for Proposal (RFP) for architectural or engineering services or for a vendor in preparing a bid It will contain, but is not limited to,the following 1 1" Title of Project/Activity' ' Of2 Activity Number ` - - 3 Specific site description 4 On- and off -site improvement description 5 Size of building 6 Fixtures list (such as - stove, built-in r A a Page 1 of 8 equipment) Packet Pg' 43 a 2 If DA desires to have RES handle acquisition and/or relocation activities, the DA follow this procedure W. a DA Submits a letter, to EDA requesting that RES handle the project/activity describing in detail what property is to be acquired, giving all pertinent information, and identifying who the DA contact person is to be If relocation is required, initiate a 90-day notice to occupant(s) b EDA Initiates appraisal process c RES Obtains required appraisals < i d RES Forwards appraisals to DA e DA Reviews appraisals and/or leases to determine if property should be acquired and/or leased Prepares and forwards request to EDA f EDA Reviews request from DA, and forwards Authorization to Proceed to RES (Note all leases and all adjustments 'in project allocations must be N = requested and approved by EDA) g RES Initiates purchase or lease of property If relocation is required, the d d c appropriate notices will be issued in accordance with the "Timely Notices" (49 CFR 24 203) provision of the Relocation Handbook 1378 0 U RES will work with the designated DA contact person throughout the acquisition/relocation „r process to assure that the DA is aware of the activities and can make any necessary decisions in relation to the activity E d Architect and/or Engineer Selection a 1 The usual procedure for the selection of an architect or engineer involves a Request for co Proposal (RFP) for professional services, following this process eo a DA Prepares an RFP for architectural and engineering or other consultant d services o b DA Submit draft, RFP ,to EDA for review for contract compliance and w consistency with Federal Title 24 CFR, Part 85 Section 85 36, E (Procurement Standards) _ c DA Incorporates EDA revisions, if any, into RFP and reviews RFP's for a compliance with State, Federal, Local and EDA regulations Requests EDA "Approval to Proceed" to Issue `RFP" d EDA Issues to DA an "Approval to Proceed" to issue an "RFP" e DA Advertises RFP, receives responses, interviews, requests EDA representation on selection committee and makes selection f DA Notifies EDA of selection Sends. back-up documentation and draft contract to EDA Submits to EDA a "Request for Approval to Proceed" to award a "Consultant Services Contract" g EDA Reviews final contract for compliance and issues an "Approval to Proceed" to award a "Consultant Services Contract" Page 31of 8 Packet Pg 45 ;1_ � 8Ab 4 DA Determines bid solicitation process permitted by CDBG requirements Federal Title 24 CFR Part 8536 (Procurement Standards), and County contracting regulations Advertises-"Invitatiomto Bid" and receives bids 5 DA Ten days ,prior to bid ropening, DA makes telephone contact with EDA and requests from EDA or obtains online at, http //www wdol gov/dba aspx#0 the current Federal Wage Decision If the Federal Wage Decision is in any way different from that issued in the original bid package, DA will issue a bid addendum and immediately forward the latest wage decision to all bidding contractors who, in turn, submit revised bids prior to the bid opening DA shall notify EDA of any change in the Federal Wage Decision should DA use the online option above 6 DA Conducts bid opening and reviews bid documents submitted by the low -bidder to assure compliance with County Policy 15-01, if applicable, and 24 CFR 85 36(e) regarding the participation of minority, disadvantaged and women business enterprises (MWBE's) in the proposed construction contract If DA has its own plan that meets the aforementioned requirements, it may use this plan for bid document reviews + 7 DA Submits the low -bidder information and- list of subcontractors to EDA and a "Request for Approval to Proceed" to award a "Construction Services Contract" If adjustment of funds or project description is needed, the written request for reallocation of funds (revised Attachment "A") or change in project description (revised Attachment "B"), should be sent at this time 8 EDA "Prepares revisions to`Attachment "Xwd/or "B" as requested (if necessary) 9 EDA Reviews Contractor/Subcontractor's eligibility to receive Federal contracts 10 EDA Issues "Approval.to Proceed" to award a "Construction Services Contract" to DA 11 DA Insures completeness of contract documents prior to award of contract Prime and Sub -Contractor Construction contracts must contain the Labor Compliance Contract Addendum (LCCA), a copy of applicable Federal Wage Determination, and a copy of restrictions on public buildings and public works projects provisions - 12 DA Awards Contract 13 DA Notifies EDA of pre -construction conference at least five working days prior to event Prime and Sub -Contractor's labor compliance personnel must attend pre -construction conference Submits required EDA documents (Ex completed bid package) prior to pre -construction meetings, including Contractor Information Sheet 14 DA Conducts pre -construction conference (EDA attendance mandatory) EDA sets up prime contractor on LCPtracker + IR s Page 5of8 _ e Packet Pg ,47 27 DA Notifies EDA of final inspections at least, five Working days before ins 8 A b - date 28 DA Attends final inspections (EDA attendance optional) 29 DA Secures its governing body's acceptance of completed project and filing of Notice of Completion and submits "Notice of Completi(5n" to EDA 30 EDA Monitors project progress and contract compliance and issues, as necessary, "Notice to Submit Final Activity Costs' notices to DA 31 DA Takes necessary actions to comply with said notices 32 EDA Conducts "Annual Certification of Use of Facilities" IV DA must ensure compliance with the following regulations and statutes, as amended, in carrying out CDBG funded activities A Community Development Block Grant Regulations of the Housing and Community Development Act of 1974, as amended (24 CFR 570) d d B Applicable Uniform Administrative Requirements Q 1) Office of Management and Budget Circular A-87 0 v 2) Office of Management and Budget Circular A-128 w 3) 24 CFR Part 85 c d E d i C Applicable Uniform Administrative Requirements for Subrecipients that are not Governmental a Entities 1) Office of Management and Budget Circular A-110 c d a d 2) Office of Management and Budget Circular A-122 3) 24 CFR Part 84 m ° N D Federal Labor Standards Compliance Handbook No 1344 1 REV-1 including s 1) Davis -Bacon Act (40 U S C 276a to a-7) Q 2) Contract Work Hours and Safety Standards Act (40 U S C 327-330) 3) Copeland Act (18 US C 874) E Equal Employment Opportunity Requirements of Executive Order 11246, as amended F Environmental Protection Agency Regulations (40 CFR Part 1500-1508) G Flood Disaster Protection Act of 1973 (42 U S C 4001-4128) H Archaeological and Historic Preservation Act of 1974 1 Rehabilitation Act of 1973, as amended Page 7of8 Packet PgT 49 COUNTY OF SAN BERNARDINO COMMUNITY DEVELOPMENT AND HOUSING CONSTRUCTION CONTRACT LABOR COMPLIANCE PROVISIONS (Attachment D) � f c 5 S r r Packet Pg 51 < A TABLE OF CONTENTS • CONSTRUSTION CONTRACT PROVISIONS - DEFINITIONS • LABOR COMPLIANCE REQUIREMENTS • REQUIRED DOCUMENTS ,l I , • FEDERAL LABOR STANDARDS PROVISIONS • SECTION 3 CLAUSE i • AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND NON- , , CONSTRUCTION CONTRACTORS • EQUAL OPPORTUNITY CLAUSES • CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS • DAVIS-BACON WAGE DETERMINATION _ • SAMPLE DOCUMENTS <, a] 1 2 4 5 9 10 14 22 23 CD 24 E m ;y a C9 m 0 c d E m d Q c d a� Q m .r eo a� m d N c d E t v ea Q ` Packet,Pg 51 LABOR COMPLIANCE REQUIREMENTS Davis-'Baconjand Related Acts • ! J' r s it It, 7 4 r, t i'"`, izJ The Prime Contractor is responsible for ,ensuring all, Subcontractor(s), and dower -tier Subcontractor(s) compliance with all requirements of Davis -Bacon and Related Acts (DBRA) The Federal ,Labor Standards Provisions (HUD 4010) apply to this project and are attached `` 100 r t"'r .. if �f T9 G• , �/ A copy of the Federal Prevailing Wage Decision, (and upon request the S,tate,Wage Decision) the date aof which reflects the latest applicable modification at the, time of this bii&advertisemenf, is, incl'uded in the `3 a 1' o ! 'mod F9J b t Contract`Documents a`nd Speaficati'o'ns Bidders shall be notified, via Addendum,pof modification`s, if any, which supersede that modification lincludetl herein, up until a minimum of ten days prior to the actual Bid r�' 4 < 1, Opening for this project A weekly Certified Payroll `Report -(CPR) is required during the term of construction on the prcjedt d Payment(s) of invoice(s) for this project may be delayed when CPRs are not submitted rOe6kly The E CITY/COUNTY shall make progress payments on any properly completed paym?ent request submitted by`t Prime Contractor The payment request shall not be approved unless all CPRs for the project submitted a through LCPtracker have been 'approved and accepted for each' week worked'during the time period 6 covered by said payment request v LCPtracker t �r d Asrlpermitted by, the Department of ,Labor (DOL),, The, pepartment of, Housing and UrbanY Development m (.HUD), ;and `Title 81section 1640r4 of they Californiar,Coderof Regulations, the Prime Contractor. and each Subcontractor and every lower -tier Subcontractor subject to`DBRA aFe allowed to submit CPRsIm elecfronically a via LCPtracker c d LCPtracker is a web -based system The Prime Contractor and Subcontractors and lower -tier a Subcontractors will receive an email from LCPtracker providing their log -on identification and temporary password The Contractors will need to follow the instructions in the email to set-up their permanent tm password and activate their account Once their account is setup, LCPtracker Inc provides two convenient o training options N Option 1 Computer -Based Training Courses Pre-recorded videos can be viewed at any time by E logging into the LCPtracker we'bsite and following these simple steps o Enter user name/password 0 o Select the "eTraining" link located at the top of the page a o Select "Contractor Training Videos" Option 2 Web -Based Training Sessions Online training sessions facilitated by members of LCPtracker's customer support team are available several times per week All that is needed to participate is a computer with Internet access, an email address and access to a phone o Enter user name/password o Select "Book Now" on the "Projects" tab and register for the Online training sessions Page 2 of 24 rNcket,P,g 55 REQUIRED DOCUMENTS 'CHECKLIST 'A (Ns ' 1, f ; ` t f ( REQUIRED PRIOR TO CONTRACT, AWARD 1 Bid Package signed rb Contractor or letter statin that'the ro ect s ecifications document is art ❑ 9 9 Y ,9r P�J � �P P of the contract a ❑ 2 Signed Partnership Agreement (if applicable) REQUIRED PRIOR TO PRECONSTRUCTION CONFERENCE ❑ 3 Executed Contract/Purchase Order NOTE The Labor Compliance Contract Addendum (LCCA) -- which includes the HUD Form 4010 and the Federal prevailing wage determination for the project J must be attached to contract .E d d ❑ 4 Prime Contractor Information Form 10 14 ❑ 5 Bonds (performance/payment or labor and material bonds) 00 zv ( v ❑ 6 Contractor's Certification of Compliance with Davis -Bacon and Related Act Requirements (Exhibit c Al)' Za4E l ❑ 7 Sub -Contractor's Certification of Compliance with Davis -Bacon and Related Act Requirements"a m d (Exhibit A-1)* t� r ❑ 8 Certification of Bidder Regarding Equal Employment Opportunity(Exhibit B)* d a 4� REQUIRED DURING CONSTRUCTION r � d 'o ❑ 9 Certification of Proposed Sub -Contractor Regarding Equal Employment Opportunity (Exhibit C)* r N _ ❑ 10 Affirmative Action Compliance Form for Construction Contracts over $10,000 (Exhibit D)* ,.d E r ea ❑ 11 A copy of all executed Sub -Contractor contracts NOTE The Labor Compliance Contract im a Addendum (LCCA) which includes the HUD Form 4010 and the p[revaling wage determination for the project must be attached to contract ❑ 12 City Business License/Exception Letter ❑ 13 Certificate of Understanding and Authorization Form (Exhibit E) It ❑ 14 Fringe Benefit Statement Form (Exhibit F)* ❑ 15 Authorization for Payroll Deduction (Exhibit G)* ❑ 16 DOL Registered Apprentice Program* Page 4 of 24 ,� Packet Pg, 517 ' 8Ab` Federal Labor Standards Provisions US Department of Housing` and Urban Development, Office of Labor Relations 1 Applicability I a t' - The project or program to which the construction work covered by this contract pertains is being assisted by the United States of Amenca,,and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such federal assistance A 1 (i) Minimum Wages All laborers and mechanics employed or working upon the site of ,the work will be paid unconditionally and not less often than once a week and without subsequent duction or rebate on any account (except such ,payroll ductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof regardless of any" contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis! -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions 'of 29 CFR 5 5(a)(1)(iv) also regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans funds or programs, which cover the particularweekly period are deemed to be constructively made or incurred d"uring such weekly period ' ° Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the issification of work actually performed, without regard to skill, cept as provided in 29 CFR 5 5(a)(4) Laborers ,on mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein Provided that the employers payroll records accurately set forth the time spent in each classification in which work is performed The wage determination (including any additional classification and wage rates conformed under 29 CFR 5 5(a)(1)(u) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the Contractor and its Subcontractors at the site of the work in a prominent and accessible, place where it, can be easily seen by the workers (n) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with, the wage determination HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met , (1) The work to be performed by the classification requested is not performed by a classification in the wage determination, and (2) The classification is utilized in the area by the construction industry, and ` ' ` (3) The proposed wage rate including any bona fide fringe benefits bears a reasonable relationship to the wage rates contained in the wage determination (b) If the Contractor and_ the laborers and mechanics to be employed in the classification (if'known), oir their representatives, and HUD or its designee agree on the classification and wage rate (including' the amount designated for fringe benefits where appropriate) a report of the action taken shall be sent by, HUD or its designee,to the Administrator of the Wage and Hour Division Employment Standards Administration, U S Department of Labor Washington D C 20210 The Administrator or an authorized representative will approve; modify, or disapprove every additional classification action within 30 (days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary (Approved by the Office of Management and Budget under OMB control number 1215- 0140) 1 1 r (c) In the event the Contractor the laborers or mechanics to be employed in the classification or their representatives and HUD or its designee do not`agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), HUD or its designee shall refer the questions, including the views of r all interested parties and the" recommendation of HUD tor' its -designee to the Administrator for N determination "The Administrator or- an authorized c representative will issue a determination within 30 days of receipt d and so advise HUD or its designee or will notify HUD or its, o designee within the 30-day period that additional time is L necessary (Approved by the Office of Management and Budget Q under OMB Control Number 1215-0140') m (d) The wage rate (including 'fringe benefits where appropriate)' m determined pursuant to subparagraphs (1) (u)(b) or (c) of this r V paragraph shall be paid to all workers performing work in the classification under this contract from the first day on which work m is performed in 'the classification E (m) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate the Contractor sh(all either pay Q the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent r_ thereof tM (w) If the Contractor does not make payments to a trustee or other third person the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs t reasonably anticipated in providing bona fide fringe benefits under m a plan or program provided that the Secretary of Labor has found 0 upon the written request of the Contractor„ that the applicable cj standards,of the Davis -Bacon, Act have been met The Secretary = of Labor may require the Contractor to set aside in a separate d account assets for the meeting of obligations under the plan, or, E program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140) - cc 2 Withholding HUD or its designee shall upon its own action or Q upon written request of an authorized representative of the, Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other federal contract with the, same prime Contractor, or any other, federally assisted contract subject to,_Davis-Bacon prevailing wage requirements which is held by the same prime Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and ,helpers,,employed by the Contractor or any Subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper employed or working on the site,of the work all or part , , Page 6 of 24 Packet Pg 59 11 8Ab_ actually performed In addition any apprentice performing work on , the job site in excess of the ratio permitted under the registered Compliance with Copeland Act requirements The, Contractor program shall be paid not less than the applicable wage rate on shall comply with the requirements of 29 CFR Part 3 which are the wage determination for the work actually performed Where a incorporated by reference in this contract - Contractor is performing construction on a project in a locality other Sbbcontracts The Contractor or Subcontractor will insert in ahy than that in which its program is registered the ratios and wage subcontracts the` clauses cohtamed in subparagraphs 1 through rates (expressed in percentages of the journeyman's hourly rate) 11 of this paragraph A and -such other` clauses as HUD or`its specified in the Contractor's or Subcontractor's registered program designee may by appropriate instruction`s require, and a copy of shall be observed Every apprentice must be paid at not less than the applicable prevailing wage decision and also a clause the rate specified in the registered program for the r e requiring the Subcontractors to include these clauses in any /owes journeymen level of progress, expressed as a percentage of the joueymenn hourly rate specified in the applicable wage determination tier subcontracts The prime Contractor shall be responsible for Apprentices shall be paid fringe benefits in accordance with the the compliance=by any Subcontractor or lower tier Subcontractor Visions of the apprenticeship program If the apprenticeship with all the contract clauses in this paragraph, Dgram does not specify fringe benefits, apprentices must be paid 7 Contract termination, debarment A breach of the contract clauses in 29 CFR 5 5 may be grounds for termination of the the full amount of fringe benefits listed on the wage determination for the applicable classification If the Administrator determines contract and for debarment as a Contractor and a Subcontractor that a different practice prevails for the applicable apprentice as provided in CFR 5 12 8 'Compliance with Davis -Bacon and Related Act classification fringes shall be paid in accordance with that Requirements All rulings and interpretations of the Davis -Bacon determination In the event the Office of Apprenticeship Training Employer and Labor Services or a State Apprenticeship Agency and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein a +� = recognized by the Office, withdraws approval of an apprenticeship incorporated by reference in this s contract a i program, the Contractor will no longer be permitted to utilize 9 Disputes concerning labor standards Disputes arising out of a) apprentices at less than the applicable predetermined rate for the the labor standards provisions of this contract shall not be subject E.work performed until an acceptable program is approved to the general disputes clause of this contract Such disputes shall M (n) Trainees Except as provided in 29 CFR 5 16 trainees will not be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5,`6 and 7 Disputes within the be permitted to work at less than the predetermined rate for the meaning of this clause include disputes between the Contractor m work performed unless they are employed pursuant to and individually registered in a program which has received prior (or any of its Subcontractors) and HUD or its designee the U S : Department of Labor or the employee's or their representatives approval evidenced by formal certification by the U S Department 10 (1) CertificationEligibility of EligibilBy entering into this contract the d of Labor, Employment and Training Administration The ratio of P x x Contractor certifies that neither it (nor he or she) nor any person or E trainees to journeymen on the job site shall not be greater than firm who has an interest in the Contractors firm is a person or f firm am d permitted under the plan approved by the Employment and aining Administration Every trainee must be paid at not less ineligible to be awarded Government contracts by virtue of Section � r, L vm Q _ an the rate specified in the approved program for the trainee's 3`(a) of the Davis -Bacon Act or 29 _CFR 5 12(a)(1) or to be awarded HUD contracts or participate in'HbD programs pursuanf level of progress, expressed as a percentage of the journeyman to 24 CFR Part 24 hourly rate specified in the applicable wage determination Trainees d shall be paid fringe benefits in accordance with the provisions of (11) No part of this contract shall be subcontracted to any person the trainee program If the trainee program does not mention fringe or firm ineligible for award of, a Government contract by virtue of m benefits trainees shall be paid the full amount of fringe benefits Section 3(a) of the Davis -Bacon Act or 29 CFR 5 12(a)(1) or to be o listed on the wage determination unless the Administrator of the awarded HUD contracts or participate in HUD programs pursuant m Wage and Hour Division determines that there is an to 24 CFR Part 24 G apprenticeship program associated with the corresponding (m) The penalty for making false statements is prescribed in the journeyman wage rate on the wage determination which provides U S Criminal Code, 18 U S C 1001 Additionally, U S Criminal N for less than full fringe benefits for apprentices Any employee Code Section 1 01 0 Title 18 U S C "Federal Housing F listed on the payroll at a trainee rate who is not registered and Administration, Transactions" provides in part "Whoever, for4he participating in a training plan approved by the Employment and purpose of influencing in any way the action of such ,_ Training Administration shall be paid not less than the applicable Administration makes utters or publishes any statement knowing wage rate on the wage determination for the work actually the same to be false shall be fined not more than $5,000 or Q performed In addition, any trainee performing work on the job site imprisoned not more than two years or both in excess of the ratio permitted under the registered program shall 11 Complaints, Proceedings, or Testimony by Employees No be paid not less than the applicable wage rate on the wage laborer or mechanic to whom the wage, salary, or other labor determination for the work actually performed In the event the standards provisions of this Contract are applicable shall be Employment and Training Administration withdraws approval of a discharged or in any other manner discriminated against by the training program the Contractor will no longer be permitted to Contractor or any Subcontractor because such employee has filed utilize trainees at less than the applicable predetermined rate for any complaint or instituted or caused to be instituted any the work performed until an acceptable program is approved proceeding or has testified or is about to testify in any proceeding (m) Equal employment opportunity The utilization of under or relating to the labor standards applicable under this apprentices, trainees and journeymen under 29 CFR Part 5 shall Contract to his employer be in conformity with the equal employment opportunity B Contract Work Hours and Safety Standards Act The' requirements of Executive Order 11246 as amended, and 29 CFR provisions of this paragraph B are applicable where the amount of Part 30 the prime contract exceeds $100 000 As used in this paragraph, the terms laborers" and "mechanics" include Watchmen and guards Previous'edition is obsolete form HUD 4010 (07/2003) ref Handbook 1344 1 Page 8 of 24 Packet PgAll SECTION 3 CLAUSE (Information for the Section 3 Report will be input on LCPtracker) 3-2 2 Employment opportunities for business and lower income persons in connection with assisted projects This clause applies to construction contracts of $100,000 or more, on projects funded with $200,000 or more in federal funds from the U S Department of Housing and Urban Development Assurance of compliance with regulations (A) Every contract or agreement for a grant, loan, subsidy or, other direct financial assistance in aid of housing, urban planning, development, redevelopment, or renewal, public of community facilities and new community facilities and new community development, entered into by the Department of- Housing and Urban Development with respect to a Section 3 covered project shall contain provisions requiring the applicant or recipient to carry out the provisions of Section 3, the regulations set forth in this part, and any applicable rules and orders of the Department issued thereunder prior to approval of its application for assistance for a Section 3 covered project (B) Every applicant, recipient, contracting party, Contractor and Subcontractor shall incorporate, or cause to be incorporated, in all contracts for work in connection with a Section 3 covered project, the following clause ,4 (referred to as Section 3 clause) d E a The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development as is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U S C Q 1701 u Section 3 requires that to the greatest extent feasible, opportunities for training and employment w be given to lower income residents of the project area and contracts for work in connection with the v project be awarded to business concerns, which are located or owned in substantial part by persons residing in the area of the project b The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth to 24 CFR 135, and all a, applicable rules and orders of the Department issued thereunder prior to the execution of this contract The parties to this contract certify and agree that they are under no contractual or other disability, which would prevent them from complying with these requirements c The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organizations or worker's representative of his commitments under this Section 3 clause and shall 2 post copies of the notice in conspicuous places available to employees and applicants for employment or in training a .r d The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of federal financial assistance, take E appropriate action pursuant to the subcontract upon a finding that the Subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR 135 The Contractor a will not subcontract unless the Subcontractor has first provided him with a preliminary statement of ability to comply with the requirements of these regulations e Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns Failure to fulfill these requirements shall subject the applicant or recipient, its Contractors and Subcontractors, its successors and assigns, to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135 Page 10 of 24 Packet Pg 63 AFFIRMATIVE ACTION COMPLIANCE C Affirmative Action Plan requirements fo GUIDELINES FOR CONSTRUCTION AND CONSTRUCTION Contractors NON -CONSTRUCTION CONTRACTORS 1 All Contractors who have entered into a NON - CONSTRUCTION CONTRACT and who 1) do These Affirmative Action Compliance Guidelines have been business in the amount of $50,000 or more with designed to provide Contractors with information necessary the implementing entity in any one fiscal year to comply with Federal regulations found under Title 40, Part and 2) employ 50 or more employees, must 60 of the Code of Federal Regulations - It is the intent of develop a written Affirmative Action Program these guidelines to insure that equal opportunity for within 120 days after the contract award date employment is practiced by the Contractor without regard to 2 All Subcontractors rendering services or supplies race color, sex, religion, national origin, disability and to a Contractor in the amount of $50,000 or more veterans status These guidelines provide the minimum information necessary to comply with EEO and affirmative and employ 50 or more employees must action requirements, including the preparation of an develop a written Affirmative Action Program Affirmative Action Plan that complies with federal regulations within 120 days after the contract award date regarding Affirmative Action for federally -assisted projects D Exemptions under 41 CFR 60 Contractors are urged to contact the implementing entity or the U S Department of Labor's Office of Federal Contract The following persons/contracts shall be exempt from Compliance Programs (OFCCP) officer for any necessary this program technical assistance in meeting Affirmative Action requirements if they are considering bidding under this 1 A contract or contracts by a Contractor that do contract not exceed $10 000 in the aggregate over a 12- month period d E I AFFIRMATIVE ACTION COMPLIANCE PROGRAM a> A The Affirmative Action program embodies the 2 Contracts for Work outside the United L following principals States tM Q 3 State and Local Governments 0 1 Discrimination because of race color, age, sex, religion national origin marital status disability, 4 Contracts with certain educational or veteran's status is inconsistent with the institutions constitution, laws, and policies of the United States State of California and County of San 5 Work on or near Indian Reservations a) Bernardino 6 Specific contracts and facilities found am ` 2 The implementing entity is committed to insuring exempt by t that there be no discrimination by vendors, Contractors (including professional services and 7 Deputy Assistant Secretary consultants) lessors, ors lessees doing business m with the implementing entity 8 National security contracts Q 3 Contractors and Subcontractors agree to take Any Contractor who feels qualified for an exemption a; should contact the local Contract Compliance Officer c affirmative personnel actions to hire and promote or the U S Department of Labor's OFCCP Officer for 2 workers who traditionally have been discriminated further information' m against in the job market, including women, Q minorities, members of certain ethnic and II SATISFYING AFFIRMATIVE ACTION PLAN N religious groups, individuals with disabilities, and veterans A Affirmative Action Plan requirements for NON- d CONSTRUCTION Contractors can be met through L B Affirmative Action Step Requirements for the following CONSTRUCTION Contractors and Subcontractors 1 Completing a Contract Compliance Qualifying Q 1 Personnel affirmative action in recruitment, hiring, Report for Non -construction Contractors and and promotion is required by Contractor and Vendors (refer to the form found in the Subcontractors who have entered into a federally- "Additional Required Documents/Sample assisted construction or non -construction contract Documents" section of Attachment "D" of the bid that exceed $10,000 or $10 000 in the aggregate package) over a 12-month period 2 Completing a Contractor's Affirmative Action 2 Contractors and Subcontractors who enter into a Policy, including methods of recruiting minorities CONSTRUCTION CONTRACT in excess of and women If the Contractor does not have its $10,000 must take 16 specific affirmative action own Affirmative Action Policy it may adopt the steps to ensure equal employment opportunity County's model Affirmative Action Policy ((refer to These steps are included in 41 CFR 60-4 3 (a) (7) the form found in the "Additional Required and are also included under "Standard Federal Documents/Sample Documents" section of Equal Employment Opportunity Construction Attachment "D" of the bid package) Contract Specifications" of Attachment "D" of the bid package 3 Following Federal Affirmative Action Plan guidelines which comply with the requirements of 41 CFR 60 2 10 Page 2 of 4 - Page 12 of 24 Packet Pg 05 8 A�b , 4 T Violation and Appeal Procedure 1 A Contractor founds- in ,violation) of equal opportunity/affirmative3action laws will be referred to the U S Department of Labors OFCCP Division,. and the Solicitor for Labor Associate Solicitor of Labor Relations and Civil Rights Regional Solicitors and Regional Attorney are authorized to institute enforcement proceedings t by filing a compliant and serving that compliant to the, Contractor (defendant), in, accordance with procedures t set forth in 41 CFR 60-30 5 The complaint shall contain information on the alleged Violation, a prayer regarding the relief being sought, and the name and address of the attorney representing the Government Within 20 days after receiving the complaint, the defendant shall file an answer with the Chief Administrative Law Judge if the case has not been assigned to an Administrative Lawludge r 2 The answer shall contain a statement of the facts which constitute the ground of defense, and shall 1) specifically'admit, explain, or deny each of the allegations of the'complamt unless the defendant is without knowledge or 2) 'state that the defendant admits all the allegations contained in the cornplaint�l The answer may contain a waiver for a hearing and if not a separate paragraph in the answer shall request a hearing The answer shall contain the name and address of the defendant or of the, attorney representing the defendant Fadu4 to file an answer or plead specifically"to an allegation of the complaint shall constitute an admission of such allegation r t 3 Contractor agrees to fully comply with the laws and programs (including regulations issued pursuant thereto) 'identified herein Such compliance is required to tKe extent' such laws programs and their regulations are by their own terms, applicable to this contract Contractor warrants that he will make himself thoroughly familiar with the applicable provisions of said laws programs, and "regulations' prior to commencing performance of the contract t Copies of said laws' programs, and regulations are available upon request from the implementing entity s Contract Compliance Officer, or from the U S Department of Labor's OFCCP Officer to the extent applicable the provisions of said laws programs and ,regulations are `deemed to be a part of this contract as if fully sef forth herein 4 Vietnam Era Veterans' Readjustment Assistance Acts of 1972 and 1974 as amended`' Pub L 92- 540 Title V Sec 503(a) Pub L 93-508 Title IV Sec 402 (38 USCA 2011-2013) y 5 Rehabilitation act of 1973 as amended (Handicapped) Pub 1 93-112 as amended (29 USCA 701-794) 6 California Fair Employment Practice Act Labor Code Sec 1410 et seq Civil Rights Act of 1964 as amended (42 USCA 2000a to 2000H-6) and Executive'Order No 11246 September 24 1965 as amended Page 4 of 4 Page 141of 24 ry > rr N c d E d Q M�M v c p m t 1 t L a A c c ' � Q m R 1M m m G y � N c d E t cc a r� r r Packet Pg 67 8Ab - The applicant further agrees that it will refrain from (3) Employment Service System wherein the opening entering into any contract or contract modification occurs The Contractor further agrees to provide subject to Executive Order 1124 of September 24, such t `reports to such local office regarding 1965, with a Contractor debarred from, or who has employment openings and hires as may be not demonstrated eligibility for Government required contracts and federally assisted construction contracts pursuant to the Executive Order and will (4) Listings of employment openings with the carry out such sanctions and penalties for violation employment service system pursuant to this clause of the equal opportunity clause as may be imposed shall be made at least concurrently, with the use of upon Contractors and Subcontractors by the any other recruitment source or effort and shall administering agency or the Secretary of Labor involve the normal obligations which attach to the pursuant to Part 11 Subpart D of the Executive placing of a bona fide lob order including the Order In addition the applicant agrees that if it acceptance of referrals of veterans and non - fads or refuses to comply with these undertakings, veterans The listing of employment openings does the administering agency may take any or all of the not require the hiring of any particular lob applicant following actions Cancel, terminate or suspend in or from any particular group of lob applicants, and whole or in part this grant (contract, loan insurance, nothing herein is intended to relieve the Contractor guarantee) refrain from extending any further from any requirements in Executive Orders or assistance to the applicant under the program with regulations regarding nondiscrimination in respect to which the failure or refund occurred until employment satisfactory, assurances of future compliance has (5) The reports required by paragraph (2) of this clause been received from such applicant, and refer the shall include but not be limited to periodic reports case to the Department of Justice for appropriate which shall be filed at least, quarterly with the legal proceedings appropriate local,office or, where the Contractor has In addition to the above, Contractor will agree to more than one hiring location in a State with the furnish all information and reports including central office of that State Employment Service Standard form EEO-1 if applicable, to the U S Such reports shall indicate for each hiring location Equal Employment Opportunity Commission (a) the number of individuals hired during the (EEOC) and the U S Department of Labor's reporting period, (b) the number of non -disabled OFCCP' as required by Executive Order No 11246 veterans of the Vietnam Era hired (c) the number of September 24, 1965 of disabled veterans of the Vietnam Era hired and (d) the total number -of, disable veterans hired The EQUAL OPPORTUNITY CLAUSE FOR reports shall include covered veterans hired for on- thejob,training under 38 USC Sec 1787 The SPECIAL DISABLED VETERANS Contractor shall submit a report within 30 days after AND VETERANS OF THE VIETNAM ERA the end of each reporting period wherein any performance is made on this contract identifying This clause is inserted pursuant to Executive Order 11701 of data'for each hiring location The Contractor shall January 24, 1973 and the Vietnam Era Veterans maintain at each hiring location, copies of the Readjustment Assistance Acts of 1972 and 1974 (P L 92- reports submitted until the expiration of one year 540, 93-508), and is applicable pursuant to 41 CFR Sec 60- after final payment under the contract during which 250 time these reports and related documentation shall (1) The Contractor will not discriminate against any be made available upon request, for examination employee or applicant for employment because he by any authorized representatives of the contracting or she is a disabled veteran or veteran of the officer or of the Secretary of Labor Documentation Vietnam Era in regard to any position for which the would include personnel records respecting lob employee or applicant for employment is qualified openings recruitment and placement The Contractor agrees to take affirmative action to (6) Whenever the Contractor becomes contractually employ advance in employment and otherwise treat qualified disabled veterans and veterans of the bound to,the listing provisions of this clause it shall Vietnam Erwithout discrimination based upon Era advise the employment service system in each State where it has establishments of the name and their aisabior veterans status in all employment location of each hiring location in the State As long practices such as the following employment as the Contractor is contractually bound to these upgrading demotion or transfer recruitment provisions and has so advised the State system advertising, layoff or termination rates of pay or there is need to advise the State system of other forms of compensation, and selection for training, including apprenticeship nt subsequent contracts The Contractor may advise the State system when it is no longer bound by this (2) The Contractor agrees that all suitable employment contract clause openings of the Contractor which exist at the time of (7) This clause does not apply to the listing of the execution of this contract and those which occur during the performance of this contract including employment openings which occur and are filled those not generated by this contract and including outside of the 50 States the District of Columbia, those occurring at an establishment of the Puerto Rico Guam and the Virgin Islands Contractor other than' the one wherein the contract is being performed but excluding those of independently operated corporate affiliates shall be listed at an appropriate local office of the State Page 2 of 8 w c d E m m Q C9 G V c d E d L Q c m Q a) �a Cn d m a N .., c am E s v a Page 16 of 24 Packet,Pg 69 8Ab EQUAL OPPORTUNITY CLAUSE FOR WORKERS WITH DISABILITIES This clause is inserted pursuant to the Rehabilitation Act of 1973 (P L 93-112) and 41 CFR Sec 60-741-4 r r , (1) ' The Contractor will not discriminate against any employee brf applicant for employment because of physical or mental handicap in regard- to any position for which the employee or applicant for employment is qualified The Contractor agrees to take affirmative action to ' employ, advance in employment and otherwise 'treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following employment upgrading demotion or transfer recruitment, advertising layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship (2) The Contractor agrees to comply with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act (3) In 'the event of the Contractors non-compliance with the requirements of this 'clause actions for noncompliance may be taken in 'accordance with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act Page 4 of 8 (4) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment notices in form to be prescribed by the Director provided`by or through the contracting officer r ' (5) Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in "employment qualified handicapped employees and applicants for employment and the rights of applicants and employees (6) The Contractor will notify each labor union or representative of workers witti which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973 and isl committed to take affirmative action to employ andtadvance in employment physically and mentally handicapped individuals (7) The Contractor will include thetprovisions of this clause in every subcontract or purchase order of $2 500 00 or more unless exempted by rules regulations or `orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each Subcontractor or vendor The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions including action for noncompliance Page 18 of 24 Packet Pg 71 8A6 Ensue and maintain a working environment free of harassment, intimidation and coercion at all sites and in all facilities at which the Contractors employees are assigned to work The Contractor shall specifically ensure that all foremen superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment with specific attention to minority or female individuals working at such sites or in such facilities Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available and maintain a record of the organizations responses Maintain a current file of the names, addresses and telephone numbers of each minority and female off ,the -street applicant and minority or female referral from a union a recruitment source or community organization and of what action was taken with respect to each such individual If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with Ywhatever additional actions the Contractor may have taken Provide immediate written notification to the Director when the union or unions bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor or when the Contractor has other information that the union referral process has impeded the Contractors efforts to meet its obligations Develop on-the-job training opportunities and/or participate in - training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs especially those programs funded or approved by the Department of Labor The Contractor shall provide notice of these programs Page 6 of 8 Page 20 of 24 to the sources 'compiled under 7b above Disseminate, the Contractors EEO {' policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations by including it in any policy manual and collective bargaining agreement by publicizing it in the company newspaper annual report etc by specific review of the policy with all management personnel and with all minority and female employees at least once a year and by posting the company EEO policy on bulletin boards accessible to all employees that each location where construction work is performed' Review, at least annually, the company s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents,' General Foremen etc prior to the initiation of construction work at any job site A written record shall be made and maintained identifying the item and place of these meetings persons attending subject matter discussed, and disposition of the subject manner N c m E d L tM Q (D m 0 U v Disseminate the Contractors EEO d policy externally by including it in any advertising in the news media, N specifically including minority and c female news media, and providing written notification to and discussing t the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or Q anticipates doing business Direct its recruitment efforts, both oral and written to minority female and community organizations, to schools with minority and female students and to minority and females recruitment and training organizations serving the Contractor's recruitment source the Contractor shall send written notification to organizations such as the above describing the openings screening procedures and tests to be used in the selection process Packet Pg 73 ^ 8Ab 14 The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to -the provisions'hereof as may be required by the Government and to keep records Records shall at lease include for each employee the name address telephone numbers construction trade union affiliation if any, employee identification number when assigned social security number race sex, status (e g mechanic apprentice trainee, helper, or laborer) dates of changes in status, hours worked per week in the indicated trade rate of pay, and locations at which the work was performed Records shall be maintained in an easily understandable and retrievable form, however to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records 15 Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e g those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program) a) The notice set forth in 41'CFR 60-4 2 and the specifications set forth in 41 CFR 60-4 3 replace the New Form for Federal Equal Employment Opportunity Bid conditions for Federal and federally Assisted Construction published at 41 CFR 32482 and commonly known as the Model Federal EEO Bid Conditions, and the New Form shall not be used after the regulations in 41 CFR Part 60-4 become effective Minority Goals The goal for the utilization of women employees on federally -assisted construction contracts is set at 6 9% The goal for utilization of minorities, based on the Standard metropolitan Statistical Area (SMSA) for Riverside/San Bernardino County is 19% For additional information on these goals, please contact the OFCCP-Pacific Region at (415) 848-6969 1 Page 8 of 8 Page 22 of 24 Packet Pg 75 8Ab�� -insert- CURRENT DAVIS-BACON WAGE DETERMINATION WHEN CONSTRUCTION PROJECT GOES OUT TO BID Q Page 24 of 24 Packet Pg 77 f m 1 s C,O,UNTY 'OF .4us r h k F y ✓F/ f� f � JtNQ -" ' )° 1 ,,ECONOM(C'bEYELOPM+ENT AGENCY SUBCONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON`A"IVD f tLATEDYACT REQUIREMENTS SUBCONTRACTOR PROJ_ECT NAME= 4 - �- t' '< ; ` 4 �cr t ,r P#C EGT CODE ; - rti PRIME CONTRACTORNAME 'SUBCONTRACTOR NAME Asi the unde,,rsigned 5`ubcontfact6rKd_v_'ng - ecuied a ed, tr act with the above Warned cont"ract ,on the, ab ,V,e, fefe`renced p�olect, hereby make the�foll`owing cent ficatiom and' acknowledgrn`entawith respect to the appltcabditytoff"DAU IS6BACON'AND RELATEDLACTS �equirementsj< 1 B`� r e_xecutin } a comtfact with fth`e abovea named contractor `t/vve certify and acknowledge that th;e above J+y _ g� -1_,,,._ ._..._,.�� ... .a1- l..sn..-t, 63 1 1 .t.� '-1- +-+t a - F^-r ! •--a'-t- - t „--.,....- referenced project is federallyt funded ands will comply with) the -DAVIS'BACON—ANDLRELATED_ACNTS Y requlrements,�; }.t 21 we 1ha"vex readtl a 'LAB`ORL�COMPLIANCEi�CONTRACT ADUNbOW,in,cluding�the, w ge-' determination fbe they Bove referenced projec kl%we ackno{wledge the receipta d adheremce to fo f-ik ng p uis ons set firth in the "FEDERAL LABOR STANDARDS-PR01/ISIONS"before , ft'icipation o,n t"his project, 3 I%we will' include the `LABO COMPLIANCE�CONTRACTUrADDEND''U~M" including1`4e wagea determination �n'—"�Lr4�i-x� ^�- forethe above ,referenced prolre_ct irn any to"w,er tier subconacts/purchase o(,ders executed- I/wgrwill forward to} Fri(e, Cdntracto�r a copy? ofJ a'Ilt executed subcontracts%purchaser grd_ers to' any fowe�rr tier sorb o rritractors' within seven(7f)�days,of�tl%ere5cecution,date S - r t s SUBCONTRACTOR -. g DATE t SUBCONTRACTOR SIGNATURE ¢ TITLE - vE., +as sfi IF SUBCONTRACTOR IS A CORPORATION OR PARTNERSHIP LIST THE LEGAL NAMES AND TITLES OF ALL PARTNERS OR CORPORATE OFFICERS Jd NAME - ` TITLE - NAME TITLE J NAME TITLE f - , NAME TITLE , NAME 4 TITLE _$ i41i packet Pb 19 COUNTY`,'CLLsF SAID-SERNARD'INO ECONrOMT(f DEVELOPMENT AGENCY CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING,,,EQ{UACt EMPLO�YMENT,OP'PrORTUNITY SUBCONTRACTOR PROJECT`ADDRESS r s` }i j `` X` Aw-r t A } ? ; r s INSKTRUCT'I,'OtiNS This ert�'246 80 P R,L1291-9 2,5{) The`' iiaton "itfE�t_rtl1 implementing $rulesi and regulati6ris provide that any- bidder or pro's,p-ective Con't_ractor; or,any of their_ propose_'d Subcontractors, shall state as an'�nitial part,of'the bid -or, negbtiation-s the contr,""act whether°it has pa-rtieipated in any, pprevious contractor subcontract subject to the, Equal'OpportGnity`�Clause; and, if'so,whether it"has %led, a11,cOfifi nceports due under apphcablemstruct`ions� = a r Where ,the curt fication indicates tli4atz the Subcontractor has" not filed a compliance deport" due under applicable, instructions; suchu`bcont`ractor, shall' be required to; submit a compliance report before the Prime Contractors approves they subcontract_`y or Lpermits work to begin under,,the subcontract ' No contract shalhlie awarded=unless such, report=is submJtted r - - SUBCONTRACTOWS CERTIFICATION s� SUBCONTRACTOR'S NAME,_ _ 3 ADDRESS 1 Subcontractor has participated in a previous contract or subcontract subject to the Equal Opportunity Clause < , ❑ Yes ❑ No (IF YES, identify the most recent contract ) (IF NO, contractor may be required to submit an EEO-1 survey or other reports to�the Equal Employment Opportunity'Commissi contact EEOC at 800-669-4000 or online at http,//www eeoc eov/eeolsurvey/index html 2 Compliance reports were filed in connection with such contractor subcontractor with the Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission ❑ Yes ❑ No ❑ None Required L 3 Subcontractor has ever been or is being considered for sanction due to°violation of EXECUTIVE ORDER 11246, as amended http !/www dol eov/compliance/laws/comp-eeo htm ❑ Yes ❑ No _ Certification The information above is true and complete to the best of my knowledge and belief SUBCONTRACTOR (Print Name) TITLE SUBCONTRACTOR SIGNATURE DATE EXHIBIT C Packet1 a A ..t,-- i 0rf •' y � i S 3 3 r, i _ ex t o a M 1 y - SAN BERNARDlNO ;rt.. , ar -ECONOMIC ZEV�ELOPMENT AGENCY =-, 03, F Y n 23 1_ _s < , ). of 'CERTIFICATE OF UNDEIRSTANDING FAIVD'AUTHORIZATION'FORaM-_ ° ;' ; " O. •. �• _Co_mplete'If Owner%Offic�er,Is NOTSigning Stgtement°of Compl►anc� * ;, PROJECT NAME PROJECT_CODE COMPANY -CONTRACTOR NAME �z Thet underslgnecl certifies th'at?the company principal(s), and' the authordied-jpaurollr officer Fia�ver w fir.-,,.w a,y,,.V ,„-..--aw .f-----�'_'-'-,- read theme most cufrent DAVIS�-BACON'rJLAER5 SSTdANDARDS,' (A �ntractor'sa,Guide to Prevailing Wage Requirements for Federally;Assisted +Construction Protects) and erstand the labor_ st5n_da�ds clauses'pertaining:to this project, includingrthe pre=construc_t`ion'conference discussions and all related documents, required 'for -this] project by the "imp,Ilement�nga agency In ,the ,pre- construction cklist, pac chekaged y x THE FdLL/OWING PERSON(S) IS DESIGNATEDIAS THE PAYROLL OFFICER FOR THE-UNDERSIGNED,COMP CONTRACTOR AND IS AUTHORIZED TO SIGN THE STATEMENT OF COMPLIANCEWHICH WILL ACCOMP EACH WEEKLY CERTIFIED PAYROLL REPORT FOR THIS PROJECT _ 9 i r � 4 PAYROLL AGENT (PRINT NAME) PAYROLL AGENT (SIGNATURE) r OWNER/OFFICER (PRINT NAME) OWNER/OFFICER (SIGNATURE) TITLE (PARTNER/CORPORATE OFFICER OR OWNER) DATE -- -_ *** APAYROLL,OFFICER MAY SELF=CERTIFY AUTHORIZATION TO' SIGN PAYROLL REPORTS=04NLY IF A SOLE=PROPRFETOR; ALL�6THERS,MU% HAVE AUTHORIZATION +FR0_M A SECOND CORPORATE a , OFFICER /PARTNER OAR OWNER; EXHIBIT. E ` Packet Pg-'83 tt FRINGE BENEFIT FORM�INSTROCTIONS Supplemental statteme,nts 'UST be sub"mltted' dulrrng the progress of{vv,,o should a chapnge in ,ratie of anyofrhe classifications bed made, , NOTE To receive credit for employer paid benefit contributions, plans must be bona fide and contributions must be documented On the�Fhnge Benefit5tatemek'i'idicate the Name, adclre°sswan`d phone number of the administrator of the Plan, Fund or#rograin VACATION PLAN/PAID HOLIDAY DOCUMENTATION Please submit copies of your company's pohcy'for employer paid vacation and holidays For vacation, please explain how you track the vacation hours for each -employee Additionally, please submit copies of monthly reports or statements from the bank/fund' depository showing that the plan,and vacation amounts are available for the workers, HEALTH AND WELFARC DOCUMENTATION For your Health & Welfare `Plan, please submit' copies of the plan d`ocum citation indicating monthly or -quarterly bdlmgs'for,the covered benefits (and delineating all benefits per wo"rker), as well as statements and copies of checks transmitted by your company to the trust fund or plan fonihese benefits PENSION PLAN DOCUMENTATION PleasQ submit copies of the plan documentation from the Plan Administrator including the plan summary, account balances, monthly or quarterly transmittals mto`thi' account and copies of checks transmitted by your company as payments into the accounts APPRENTICE/TRAINING DOCUMENTATION Please submit copies of the Apprentice/Training Certification Letter from your Federally Registered Program Sponsors The apprenticeship program must be registered with the Department of Labor (DOL), Office of Apprenticeship Include level, step or period of the apprentice, apprentice's wage scale and ratio information A training or apprentice wage can be paid only if the trainee is registered in a DOL approved apprenticeship or training program or with a State Apprenticeship Agency recognized by DOL Otherwise, the individual is to be paid the Davis -Bacon and Related Acts (DBRA) prevailing wage rate for the classification of work that they are performing regardless of their skill level (Federal regulations DO NOT REQUIRE the employment of apprentices on federally funded projects) I OTHER DOCUMENTATION Please submit copies of explanation, monthly reports or statements and plan documentation from the Plan Administrator for all "OTHER" company paid plan(s) The implementing agency will verify plan(s) for employer to receive credit FRINGES PAID IN CASH Indicate if some or all fringes will be added to the employee's basic hourly rate If your company does not operate under a collective bargaining agreement or contribute based on an hourly amount, you may use the following formulas to compute hourly benefits Please be advised that examples are provided only to demonstrate how the formulas are used Annual Calculation The annual calculation is based on 2080 hours per year (40hrs x 52 weeks per year) Formula Employee's Basic Hourly Rate x Number of Benefit Hours (8 Hrs a�Day x Numberg of Days), divided by 2080 j m Annual Hours Example At $20/Wr, with 80 vacation hours a yeae,4th'e hourly rate would calculate as follows $20 X 80 Hrs = $1,600 divided by 2,080 hours per year = $ 77 _« Fnnge Benefit Hourly Amount,$ 77, + a Monthly Calculation The monthly calculation factor 173 33 is based on 2080 hours per year divided by 12 months Formula Monthly Benefit Plan Contribution divided by 173 33 Example If employer pays $200/month for a medical benefit, the monthly hourly rate calculates as follows A monthly plan contribution of $200 divided by 173 33 = $1 15 Fringe Benefit hourly amount $1 15 Q Packet Pg 85 AGENDA REPORT April 8, 2014 Council Item TITLE Approval of an Agreement for Animal Control and Shelter Services with City of San Bernardino PRESENTED BY Sandra Molina, Interim Community Development Director RECOMMENDATION Approve the attached Agreement in the amount of $149,535 per year between the City of Grand Terrace and the City of San Bernardino to provide animal control and shelter services for a one year period beginning July 1, 2014 with the option to extend the contract for three one (1) year additional terms BACKGROUND The City of San Bernardino currently provides animal control and shelter services for $121,629 per year The current Agreement was set to expire on March 31, 2014 In anticipation of the contract's end, a City of Grand Terrace Request for Proposals (RFP) was issued in November 2013 As a corollary to this, and to better plan the budgeting of animal control services, the City requested, and the City of San Bernardino agreed, to extend the contract for 3 months ending on June 30, 3014 Going forward, this action enables the City to align its animal services agreements with its regular fiscal year DISCUSSION The RFPs were mailed to the City of San Bernardino, City of Moreno Valley, County of San Bernardino, and County of Riverside In addition to basic animal control services, the RFP included the addition of animal licensing services and handling of all animal nuisance complaints Proposals were received from the City of San Bernardino and County of Riverside The County of San Bernardino submitted a response, stating the County animal shelter facility in Devore is at maximum capacity and it could not provide services to the City at this time No response to the RFP was received from the City of Moreno Valley Staff evaluated the Responses and selected the Proposal submitted by the City of San Bernardino (Contractor) for the following reasons It includes more field service hours, the proximity to the shelter is closer for residents to license and retrieve their animals, and the cost is less than the other proposal, which also had less service hours and required residents to travel farther to conduct business The annual service cost of the City of San Bernardino proposal is $149,545 Fifteen percent of the annual contract amount would be placed in the San Bernardino Shelter Improvement Fund Funds in Packet fo ,,87' ,;,8 B this account are used for improvements at the Shelter including facility and equipment upgrades The Contractor's Proposal includes Field Services provided by an on -duty Animal Control Officer seven days per week - 7 00 a m - 5 00 p m (excluding Holidays) From 5 00 p m to 7 00 a m and Holidays, Animal Control will provide on -call response to emergency calls Additional Services The RFP included animal licensing and handling of nuisance complaints The Contractor will assume all animal control licensing services for Grand Terrace, including invoicing and record keeping Staff anticipates it will take approximately six months to transition licensing services and records to the City of San Bernardino In addition, the Contractor will receive and process all barking dog/noise complaints Currently, the processing, invoicing, and issuing animal licenses expends significant staff resources The incorporation of licensing and noise complaint services by the Contractor provides for greater efficiencies, as it will allow staff to work on other daily tasks and projects, while continuing to provide animal licensing and animal control services to our residents The Contractor will collect the current City licensing fees from City residents All license f fees collected by Contractor will be remitted to Grand Terrace with a monthly report The animal license fees collected will offset the increased costs in Contractor services Increased costs are due to a rise in vaccination, veterinary costs, and general operating expenses, in addition to the additional services requested Over the last three fiscal years, Grand Terrace collected $17,993, $16,101 and $16,119, respectively, for an average of approximately $16,700 Residents will be required to license their animals at the San Bernardino City Animal Shelter or by mail The Animal Shelter is located at 333 Chandler Place San Bernardino, and is approximately 4 miles from the Grand Terrace The Contractor will canvass the city to ensure all dogs are licensed and provide public educational programs on a quarterly basis when requested by the City If the City does not elect to include public educational programs and canvass the City for unlicensed dogs, the contract amount would be reduced $7,000 Therefore, based on an evaluation of the proposals, and for the reasons noted herein, staff recommends City Council approval of the contract with the City of San Bernardino for animal control services for a period of one year at an annual cost of $149,545 FISCAL IMPACT A maximum annual fiscal impact of $149,545 to the City's General Fund would be .� Packet Fg 3 88 realized for animal control services However, this amount would be offset through the return of licensing fees to the City, which has averaged around $16,700 over the last three fiscal years ATTACHMENTS • 2014 15 Agreement APPROVALS Sandra Molina Finance City Attorney Community Development City Manager City Council Completed 04/01/2014 9 51 AM Completed 04/01/2014 1147 AM Completed 04/01/2014 5 45 PM Completed 04/01/2014 5 51 PM Completed 04/02/2014 9 04 AM Pending Packet Pg 89 AGREEMENT FOR ANIMAL CONTROL SERVICES THIS AGREEMENT is made and effective as of July 1, 2014, between the City of Grand Terrace, a municipal corporation ("City") and the City of San Bernardino ("Contractor") In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows 1 TERM This Agreement shall commence on July 1, 2014 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2015, unless sooner terminated pursuant to the provisions of this Agreement The City may, upon mutual agreement, extend the contract for three one (1) year additional terms 2 SERVICES Contractor shall perform the services and tasks described and set forth in Exhibit A, Scope of Work, attached hereto and incorporated herein as though set forth in full Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A 3 PERFORMANCE Contractor shall at all-time faithfully, competently and to the best of his or her ability, experience and talent, perform all tasks described herein Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement 4 PAYMENT a The City agrees to pay Contractor monthly, to accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks Any terms in Exhibit B other than the scope of work to be performed, payment rates and schedule of payment are null and void This amount shall not exceed $149,545 00 for the total term of the Agreement unless additional payment is approved as provided in this Agreement b Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services c Contractor will submit invoices monthly for actual services performed Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees If the City disputes any of Contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice 5 SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least thirty 1 834999 2 3/27/2014 y y06510t Pgi90 T (30) days' prior written notice Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement b In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 4 r 6 DEFAULT OF CONTRACTOR a The Contractor's failure to comply with the provisions of this Agreement shall constitute a default In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default b If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this - Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement 7 OWNERSHIP OF DOCUMENTS a Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment b Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files a 834999 2 3/27/2014 2 Papket Pg 9't �86af 8 INDEMNIFICATION a The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City b In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require 9 INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees a Minimum Scope of Insurance Coverage shall be at least as broad as (7 than (1) Insurance Services Office Commercial General Liability form No CG 00 01 11 85 or 88 (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto) If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession Minimum Limits of Insurance Contractor shall maintain limits no less (1) General Liability One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit (2) Automobile Liability One million dollars ($1,000,000) per accident for bodily injury and property damage 3 - - - 834999 2 3/27/2014 Packet P9 92 -- (3) Worker's Compensation as required by the State of California, Employer's Liability One million dollars ($1,000,000) per accident for bodily injury or disease (4) Professional Liability coverage Two million ($2,000,000) per claim and in aggregate c Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions must be declared to and approved by the City Manager At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses d Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City e Acceptability of Insurers Insurance is to be placed with insurers with a current A M Best's rating of no less than A VIII, and admitted and licensed to do business in the State of California, unless otherwise acceptable to the City Self insurance shall not be considered to comply with these insurance requirements f Verification of Coverage Contractor shall furnish the City with original endorsements effecting coverage required by this clause The endorsements are to be signed 4 834999 2 3/27/2014 Packet+Pg 93 __ : B,a -- by a person authorized by that insurer to bind coverage on its behalf All endorsements are to be received and approved by the City before work commences As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications 10 INDEPENDENT CONTRACTOR a Contractor is and shall at all times remain as to the City a wholly independent contractor The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner b No employee benefits shall be available to Contractor in connection with the performance of this Agreement Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder c PERS Eligibility Indemnification In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits 11 LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement Contractor is responsible for compliance with the Patient Protection and Affordable Care Act (2010), and City shall not be obligated to provide any health care coverage to Contractor The Contractor shall at all times observe and comply with all such ordinances, laws and regulations The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section 12 RELEASE OF INFORMATION a All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization Contractor, its officers, employees, agents or subcontractors, shall not 834999 2 3/27/2014 5 Packet,Pg, 94 8;B a without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena b Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response 13 NOTICES Any notices which either party may desire to give to the other party under this Agreement must -be in writing and may be given either by (1) personal service, (u) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (ni) mailing in the United States Mad, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice ,Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mad as provided above c m To City City of Grand Terrace m 22795 Barton Road Grand Terrace, CA 92313 a Attention City Manager o N To Contractor City of San Bernardino d Attn E 300 North "D" Street a San Bernardino, California 92418 14 ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor 15 LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement 16 GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the 8M99 2 3/27/2014 -7 --_ Pecket Pg 95 8,B a- parties to this Agreement and also govern the interpretation of this Agreement Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Grand Terrace In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted 17 PROHIBITED INTEREST No officer, or employee of the City of Grand Terrace shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter The Contractor hereby warrants and represents to the City that no officer or employee of the City of Grand Terrace has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement 18 ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material 19 AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder 20 SEVERABILITY If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations 21 WAIVER The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver 22 CONSTRUCTION The parties have participated jointly in the negotiation and drafting of this Agreement In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning There shall be no presumption or burden of 7 834999 2 3/27/2014 PacketAPg 96` r8Ba,- A proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement 23 COSTS Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein 24 RESPONSIBILITY FOR ERRORS Contractor shall be responsible for its work and results under this Agreement Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction 25 ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written CITY OF GRAND TERRACE Walt Stanckiewitz, Mayor Attest City Clerk Approved As to Form Richard L Adams II, City Attorney CONTRACTOR CITYOF SAN BERNARDINO 300 NORTH "D" STREET SAN BERNARDINO, CALIFORINA 92418 (909) 384-1304 834999 2 3/27/2014 zv Packet Pg 97 8Bav' (Insert the Company, Name, Address, Contact Name, phone and fax number here) By Name Title By Name Title (Two Signatures of Corporate Officers Required For Corporations) 9 834999 2 3/27/2014 Packet Pg 98 �8 ;B a EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work) 'of this service include City Ordinance The City of San Bernardino ("San Bernardino") will provide a comprehensive animal care and control program for the City of Grand Terrace ("Grand Terrace") under the provisions of the Mumcipal Code of Grand Terrace which prescribes procedures and standards for licensing, impounding, regulation and control of dogs, cats and other domestic and wild animals,' Safi Bernardino Animal Control Department and its, officers have the authority to enforce those codes relating to all matters of animal control contained in the Municipal Code of Grand Terrace, including any codes contained in any supplemental documents to Municipal Code of Grand Terrace related to zoning and development code that also affect animals Further, Grand Terrace will consult with San Bernardino on any proposed new ordinance or ordinance change dealing with animal control matters 2 Term The term of the Agreement shall be July 1, 2014 through June 30, 2015 t 3 Consideration Grand Terrace agrees to compensate San Bernardino $12,461 00 per month (15% of which will be placed in a shelter improvement fund) for services and' work products as defined in this exhibit for the period July 1, 2014 through June 30, 2015 4, Impound, Care and Disposal of Dogs and otlier Domestic and Wild Animals Subject to any exclusions, San Bernardino will operate an'ammal care and control program for Grand Terrace consisting of the following activities field services, and shelter services In the conduct of this program, San Bernardino will perform the following specific functions (a) Enforce all provisions of Grand Terrace City Ordinances pertaining to animals, to include issuing warning notices or citations as necessary San'Bernardmo may also file citations directly with the San Bernardino Superior Court Grand Terrace will retain all citation revenues The City Attorney for Grand Terrace will process any legal action and appear in court, as necessary, on animal related cases 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 S I s (b) Impound3 all animals caught at large and collect all impound fees assessed (c) Remove dead animals from the public right-of-way, except interstate freeways (d) Respond to requests for assistance in the trapping and removal of domestic animals from public or pnvate property dunng normal operating hours San 834999 2 3/27/2014 Packet Pg 99 8'B a monthly accounting statements provided to Grand Terrace by San Bernardino Animal Control and remitted by San Bernardino Animal Control to Grand Terrace on a monthly basis Note cat licensing is optional for Grand Terrace San Bernardino Ammal'Coiitrol shall remit all license fees to the City on a monthly basis with a corresponding report detailing all -license fees collected . 6 Animal Care Education and Information Program I T On a quarterly basis, by request, San Bernardino will provide public educational/mformation programs to Grand Terrace Schools, City employee groups, service groups and other organizations, upon request 7 Veterinary Services Program San Bernardino will provide private veterinary services for the care of mjured and sick animals that are impounded The cost of this service is included in the contract price 8 Staffing Level and Hours of Service (a) Field Services San Bernardino Animal Control shall provide field services by an on -duty Animal Control Officer sever (7) days a week, excluding holidays, during the hours of 7 00 a in to 5 00 p in From 5 00 p in to 7 00, a m and on holidays, San Bernardino Animal Control 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 public safety Calls to be considered routine and to be handled during the normal course of the officer's shift and include Confined strays Dead animals Stray dogs running at large Humane Animal Cruelty investigations Animal bites Wildlife in human dwellings (not including rodents or msects) Miscellaneous calls such as pet shop investigations, sanitation complaints, license checks, for - fee pick-8ps, courtesy pick-ups etc (b) Shelter Hours and Telephone Line The San Bernardino shelter shall be open to the public Tuesday through Saturday from 10 00 a in to 5 00 p in The shelter will be closed on Sundays, Monday and holidays The shelter's telephone lines are answered Monday through Saturdays from 0900 hrs to 1700 hrs (c) Emergency After -Hours Procedures 12 - 834999 2 3/27/2014 Packet Pg 101 EXHIBIT B PAYMENT RATES AND SCHEDULE Itemized Fee Description " atarid Terrrace Bid _ 'Wary ^ e 01q Total Administration Senior oust. Service -Front Office 57,739 20% 11,548 Supervisor 66,155 1,35% 893 Material, Supplies & Vet 1,291 Sub 13,732 Administrative Fee 10% 1,373 Shelter Improvement 15% 2,060 Total 17,166 Field Supervising ACC 67,3001 10% 6,730 Animal Cont of Officer (1) 63,024 60% 37,814 • T Time On Call 03,024 120 Hrs 1,970 Flate • T Cell Out 63,024 date 2,500 Vetennary Care 2000 EquiplUn(formslTtaining 750 Vehicles Use (1) 7,583 60% 4,650 Operating Cost Fuel (1) 6,250 60% 3.1150 Sub 68,4$5 ,Administrative Fee 10% 5,946 ShelterShelterImprovement 10% 8,1�0 Lies Checkinggleducational 7.000 Total 81,331 Kenneling Only Total Kennel Total Dead Disposal 28,000 5 00% 1,400 Kenrieling 223 22260 48,639 TOW 611030 Administration 17,165 Field Services 611331 Kenneling -r1,039 1- I 148,530 Monthly 12,481 834999 2 3/27/2014 Packet Pg -103 $C v tI? E AGENDA REPORT A DT Q MEETING DATE April 8, 2014 Council Item TITLE Grand Terrace Fitness Park Contract Amendments PRESENTED BY Sandra Molina, Interim Community Development Director RECOMMENDATION 1) Increase the Hamel Construction purchase order by $76,001 for solar lighting equipment, landscape, irrigation, artwork project, and installation of all items, and, 2) Amend the Hamel Construction contract to reflect the change in the purchase order BACKGROUND The representative from the State's Park Grant Division inspected the Grand Terrace Fitness Park in October, 2013 to ensure completion of the Park pursuant to the approval of the grant application The inspector informed staff that low level lighting and artwork are required to complete the Park project, as stated in the grant application submitted to the State DISCUSSION Webb Associates, Hamel Construction, and City staff met and reviewed lighting options, costs, and the timeline to purchase and install solar lighting, artwork, and new plant material (There are sufficient funds in the grant allocation to replace plants that haven't survived ) Hamel Construction submitted estimates for the purchase and installation of solar lighting, landscape and irrigation materials To complete these items, the Hamel Construction purchase order needs to be increased by $76,001 These items must be completed prior to June 30, 2014 to meet the deadline for project completion and to allow the City time to schedule a final inspection with the State Parks Division Hamel Construction is confident these items can be completed prior to that date In addition, the existing contract agreement with Hamel Construction needs to be amended to reflect the recommended increase to its purchase order FISCAL IMPACT The budget appropriation for the Fitness Park for Fiscal Year 2013-2014 is included in the Fiscal Year 2013-2014 adopted budget No additional budget appropriation is necessary for the increase of $76,001 In addition, this money is reimbursed through the City's grant with the state Packet Pg 16 0 ATTACHMENTS • Hamelestimfinalinsta1132014 • Hamel Addendum 4 2014 • Webb Addendum 4 2014 APPROVALS Sandra Molina Completed Finance Completed City Attorney Completed Community Development Completed City Manager Completed City Council Pending 04/02/2014 8 10 AM 04/02/2014 9 31 PM 04/03/2014 12 13 PM 04/03/2014 12 14 PM 04/03/2014 12 24 PM Packet Pg 105 PROJECT Grand Terrace Park LOCATION Grand Terrace COST CODES BID ITEM OR SPEC DIV DESCRIPTION BIDDER PRICE SUBCONTRACTOR BOND TOTALS RATE COST 110 XXX 00700 GENERAL CONDITIONS $2 829 0 0% $0 $2,829 100 051 05100 STRUCTURAL STEEL $4,160 1 5% $0 $4,160 100 076 07600 SHEET METAL & ROOF ACCESSORIES $1,500 1 5% $0 $1 500 100 160 16000 ELECTRICAL $24,145 1 5% $0 $24,145 100 322 32130 SITE CONCRETE $3 649 0 0% $0 $3 649 100 329 32900 LANDSCAPING & IRRIGATION $16 500 1 5% $0 $16 500 100 329 32900 MULCH PER PROPOSAL $11 150 1 5% $0 $11 150 $0 SUBTOTALS OVERHEAD 10 00% $63,933 $1 $0 $63,934 $6 393 PROFIT 5 00% 1 1 1 $3 516 SUBTOTAL $73,844 100 701 100 702 701 702 Bond $1 385 Insurance $752 Bond/Insurance Adj $21 TOTAL BID PRICE $76,001 Hamel Contracting PCO 027 Attachment Hamelestimfinalinsta1132014 (Fitness Park Purchase Order and Contract Changes) CONTRACT AGREEMENT AMENDMENT ONE CITY OF GRAND TERRACE CONTRACTOR HAMEL CONSTRUCTION PROJECT GRAND TERRACE FITNESS PARK CONSTRUCTION The undersigned parties agree to amend the Agreement described below, the "Agreement'), dated January 8, 2013, as follows AMENDMENT A Amend the Agreement amount for Hamel Construction from $895,581 40 to $971,582 40, increasing the Agreement amount by $ 76,001 B The term of the Agreement shall expire on December 31, 2014 2 LEGAL EFFECT Except as modified by this Amendment, the Agreement remains unchanged and shall remain in full force and effect 3 ENTIRE AGREEMENT The Agreement and the herein Amendment contains the entire agreement between City and Contractor with respect to the Project and supersedes all prior agreements, understandings, offers and negotiations, oral or written, with respect thereto This Amendment shall bind and inure to the benefit of City and Contractor including all of their respective personal representatives, heirs, successors and assigns This Amendment shall be governed and construed in accordance with the laws of the State of California CITY OF GRAND TERRACE BY Name Title Executed on -414V Packet Pg i07 N m x cn rt CD C% 0 m r C) O z Cn c O z N O j Attachment Hamel Addendum 4 2014 (Fitness Park Purchase Order and Contract Changes) M3 .a 0 C CL fu rt 0 0 1