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02/23/2016CITY OF GRAND TERRACE CITY COUNCIL AGENDA ● FEBRUARY 23, 2016 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 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.grandterrace-ca.gov <http://www. grandterrace-ca.gov > 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 Darcy McNaboe  Mayor Pro Tem Sylvia Robles  Council Member Jackie Mitchell  Council Member Doug Wilson  Council Member Bill Hussey  A. SPECIAL PRESENTATIONS - NONE Agenda Grand Terrace City Council February 23, 2016 City of Grand Terrace Page 2 B. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City 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. 1. Waive Full Reading of Ordinances on Agenda DEPARTMENT: CITY CLERK 2. Approval of Minutes – Regular Meeting – 02/09/2016 DEPARTMENT: CITY CLERK C. 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. D. CITY COUNCIL COMMUNICATIONS Council Member Bill Hussey Council Member Doug Wilson Council Member Jackie Mitchell Mayor Pro Tem Sylvia Robles Mayor Darcy McNaboe E. PUBLIC HEARINGS To speak on Public Hearing Items, please fill out a Request to Speak Form and give it to the City Clerk. Each person will be allowed 3 minutes to address the City Council. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you, or someone else, raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing. Agenda Grand Terrace City Council February 23, 2016 City of Grand Terrace Page 3 3. Continuation of the Economic Development Incentive Agreement with OneSource Distributors RECOMMENDATION: Continue the Open Public Hearing to the March 8, 2016 City Council Meeting. F. UNFINISHED BUSINESS 4. Adopt an Ordinance to Modify Sections 2.24.08 Entitled Abolishment of Positions and Section 2.08.080 of the Municipal Code Entitled Appointment, Removal, Demotion, Promotion of Employee. RECOMMENDATION: Read by Title Only, Waive Further Reading and Adopt Ordinance No. 293; Amending Ordinance No. 281, Section 2.24.080 - Abolition of Positions, to include: When a position is abolished and former employee holding the classified position assumes a new At-Will Department Head position that person shall be entitled to 3 months of compensation if removed from new at-will position “without cause”. And Amending Section 2.08.080 Appointment, Removal, Demotion, Promotion of Employees, to include: The City Manager may provide up to three month severance pay to At-Will employees at time of separation when they are release “without cause”. As a financial matter, the City Council must be informed within 60 days of any separation agreement entered into by the City Manager. DEPARTMENT: CITY MANAGER 5. An Ordinance Amending Title 4 of the Grand Terrace Municipal Code Establishing the Grand Terrace Circulation Improvement Fee Program RECOMMENDATION: Read by Title Only, Waive Further Reading and Adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA AMENDING CHAPTER 4.104 OF TITLE 4 OF THE GRAND TERRACE MUNICIPAL CODE TO CLARIFY AND TO REDUCE THE OVERALL FEES FOR THE CIRCULATION IMPROVEMENT FEE PROGRAM DEPARTMENT: COMMUNITY DEVELOPMENT G. NEW BUSINESS 6. City Hall Access Barrier Removal RECOMMENDATION: Award Contractor Agreement to Barr Door Inc., in the amount of $ 12,707.45, for ADA access upgrades to the south entrance doors of City Hall. DEPARTMENT: COMMUNITY DEVELOPMENT Agenda Grand Terrace City Council February 23, 2016 City of Grand Terrace Page 4 7. Award of February 2016 Community Benefit Funds RECOMMENDATION: 1. Approve the award of $1,500.00 from the City’s Community Benefits Fund to the Grand Terrace Community Basketball to help fund the rental of basketball courts needed for the 2016 Basketball Season; and 2. Approve the award of $2,000.00 from the City’s Community Benefits Fund to the Grand Terrace REC Center to help fund the design and print cost of a Community Activity Guide catalog. DEPARTMENT: FINANCE 8. Transfer Seven Parcels Totaling 54 Acres Identified as Property #4 in the Adopted Long Range Property Management Plan to the City of Grand Terrace RECOMMENDATION: 1. Adopt Resolution No. 2016-___, A RESOLUTION OF THE CITY COUNCIL ACCEPTING PROPERTY #4 COMPRISED OF SEVEN PARCELS AND TOTALING APPROXIMATELY 54 ACRES OF LAND FROM THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE PURSUANT TO THE ADOPTED LONG RANGE PROPERTY MANAGEMENT PLAN; and 2. Direct the City Manager to Record the Grant Deeds at the Office of the San Bernardino County Recorder. DEPARTMENT: COMMUNITY DEVELOPMENT 9. Parking Citation Surcharges RECOMMENDATION: 1. Direct staff to implement the State imposed parking citation surcharges on all parking citations issued in Grand Terrace as required by Government Codes 70372(b), 76000(b) and 76000.3; 2. Direct staff to implement California Penal Code 1465.5, an additional parking penalty imposed if the parking citation is issued to a vehicle stopped, standing or parked in a stall or space designated for disabled persons; 3. Direct staff to implement the State imposed parking violation surcharges on all “fix-it” tickets issued in Grand Terrace as required by Vehicle Code 40225; 4. Authorize the City Manager or his designee to take steps necessary to implement the collection and transmittal of these funds to the San Bernardino Auditor-Controller as required by Government Codes 70372(b), 76000(b) and 76000.3, Penal Code 1465.5 and Vehicle Code 40225. DEPARTMENT: FINANCE Agenda Grand Terrace City Council February 23, 2016 City of Grand Terrace Page 5 H. CITY MANAGER COMMUNICATIONS I. CLOSED SESSION - NONE ADJOURN The Next Regular City Council Meeting will be held on Tuesday, March 8, 2016 at 6:00 p.m. Agenda item requests must be submitted in writing to the City Clerk’s office no later than 14 calendar days preceding the meeting. This page left intentionally blank. CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● FEBRUARY 9, 2016 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 CALL TO ORDER Mayor McNaboe called the meeting to order at 6:03 p.m. Invocation was given by Council Member Wilson. Pledge of Allegiance was led by Council Member Mitchell. ROLL CALL Attendee Name Title Status Arrived Darcy McNaboe Mayor Present Sylvia Robles Mayor Pro Tem Present Jackie Mitchell Council Member Present Doug Wilson Council Member Present Bill Hussey Council Member Present G. Harold Duffey City Manager Present Pat Jacquez-Nares City Clerk Present Richard Adams City Attorney Present Linda Phillips Child Care Present Sandra Molina Community Development Director Present Cynthia Fortune Finance Director Present Steve Lasiter Battalion Chief Present Robert O'Brine Lieutenant Present Adreane Freeman Management Analyst Present A. SPECIAL PRESENTATIONS - NONE B. CONSENT CALENDAR Mayor McNaboe removed Item 4 for separate discussion as per staff request. Consent Calendar Items 1 through 3. RESULT: APPROVED [UNANIMOUS] MOVER: Jackie Mitchell, Council Member SECONDER: Sylvia Robles, Mayor Pro Tem AYES: McNaboe, Robles, Mitchell, Wilson, Hussey 2 Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 9, 2016 City of Grand Terrace Page 2 1. Waive Full Reading of Ordinances on Agenda WAIVED FULL READING OF ALL ORDINANCES ON AGENDA 2. Approval of Minutes – Regular Meeting – 01/26/2016 APPROVED THE MINUTES OF THE 01/26/2016 REGULAR MEETING 3. Approval of Check Register No. 01312016 in the Amount of $600,679.50 APPROVED CHECK REGISTER NO. 01312016 IN THE AMOUNT $600,679.50, AS SUBMITTED, WHICH INCLUDES THE CHECK REGISTER ACCOUNT INDEX FOR FISCAL YEAR 2015-16. 4. Approval of Amendment No 1. to the Professional Services Agreement Between the City of Grand Terrace and Interwest Consulting Group 1. APPROPRIATE 2,180.00 FROM THE GAS TAX FUND BALANCE; 2. APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND INTERWEST CONSULTING GROUP; AND 3. AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. RESULT: APPROVED [UNANIMOUS] MOVER: Doug Wilson, Council Member SECONDER: Jackie Mitchell, Council Member AYES: McNaboe, Robles, Mitchell, Wilson, Hussey C. PUBLIC COMMENT Manuel Baltierra, Grand Terrace resident, announced the Alive at 25 program a defensive driving course for teens on February 22, 2015 at CalSkate from 4:00 to 8:00 p.m. He also announced a parents program that is looking for a place to be held, this program is for parents struggling with out of control teens. Patricia Farley, Grand Terrace resident, stated her concerns with the minutes of the Council meetings. She would like to have more information in the minutes. She also stated that in the Council Round Up there was conflicting information on the Michigan Street SANBAG project. Jeffrey McConnell, Grand Terrace resident, read for the record as follows: Governor Jerry Brown Signs Emergency Legislation on Wednesday, February 3, signed legislation that seeks to dissuade California cities and counties from enacting municipal restrictions on the cultivation and dispensing of medical marijuana. The measure takes immediate effect. 2 Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 9, 2016 City of Grand Terrace Page 3 Assembly Bill 21 amends a drafting error in the The Medical Marijuana Regulation and Safety Act by removing an apparent March 1, 2016 deadline for localities to establish their own cultivation regulations or else forfeit that authority to the state. It also removes objectionable language authorizing local governments to prohibit patients from cultivating, storing, donating, or processing marijuana for their own personal use, and by doing so, reaffirms that qualified patients have the right under state law to engage in personal cultivation absent a city or state license. In recent months, numerous California cities and counties have hastily enacted provisional bans on medical marijuana-related activities out of fear that the state would become to sole authority on the issue following the March 1 deadline. Passage of AB 21 states that localities retain the ability to regulate medical marijuana production and commerce in the manner that they see best. The hope is that localities will halt efforts to impose restrictions, and will reconsider existing moratoriums, now that it is clear that local lawmakers will continue to possess the authority to legislate the issue beyond March 1, 2016. The passage of this legislation "gives local governments time to develop thoughtful policies for regulation," California NORML Director Dale Gieringer said in a statement. Josh Morgan, Grand Terrace resident, sent an email to be read into the Council meeting record. City Clerk Jacquez-Nares read as follows: Good evening, Grand Terrace officials, my wife, Laci and I live on Eton Drive with our toddler and newborn. As you know, noise from the Orange Show, especially Insomniac’s raves, violate our noise ordinances and create miserable evenings and disturb sleep. We have even been able to hear lyrics inside our home. Last night, there was another event at Orange Show (I don’t believe it was by Insomniac) where we heard loud thumping, and voices could be heard over loudspeakers. Insomniac has another event scheduled for this Saturday, February 13. Complaints to the San Bernardino City Policy, the Sheriff, and Insomniac seem useless, as nothing is done. The town meeting a couple of years seems to have been talk only, as the problems persist. Promises have been made, as recently as last November, but there is no evidence anything has changed, as our sleep continues to be disturbed. What is the City doing to advocate for and protect its residents and the peace of our community to ensure the noise does not disturb us? While these events may bring huge income to a needy City, another City should not have to bear the costs. If you have made a deal with them, then are they contributing funds to Grand Terrace from the income of the raves and other events? I look forward to hearing how you are representing us. Thank you, Josh Morgan. Ashley Jones, Field Representative Assembly Member Brown's office, announced that the Assembly Member’s brochure on her accomplishments is now available and that Assembly Member Brown was working on her fourth annual tax preparation event. This provides for free tax preparation for households with a $53,000 income. For additional information on these or other items please contact (909) 381-3238. 2 Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 9, 2016 City of Grand Terrace Page 4 D. CITY COUNCIL COMMUNICATIONS Council Member Bill Hussey Council Member Hussey thanked everyone who spoke during Public Comments. He thanked the Child Care Center because they also help with the Cradle to Career program. Council Member Hussey announced that this Friday night an Evening of Magic at Grand Terrace High School in the auditorium it is a fundraiser for the band and color guard. The price is seven dollars. He was out of state last week in Roanoke, Texas some of our residents recommended I look at their skate park and it is a very nice and was impressed how the big kids look after the smaller kids. He requested that if possible that the seniors could be picked up and brought to the Council meetings along with or part of the lunch pick up program. Council Member Doug Wilson Council Member Wilson thanked everyone in attendance and for participating in their local government. Council Member Jackie Mitchell Council Member Mitchell thanked everyone for coming out this evening. She reported on three events as follows: Community leaders, first responders, our own Mayor and many others I attended Terrace View Elementary school as super heroes. We displayed signs of encouragement and inspiration for our young folks as part of an anti-bullying campaign. Great to see so many people spreading a positive message for our young residents On February 3rd, she attended the San Bernardino Countywide Gangs and Drugs Task Force meeting. The Youth Action Project presented information on their program that helps develop skills and habits needed for economic and social success for San Bernardino's youth. The organization focuses on assisting youth with graduating from high school, complete college or vocational training and develops work skills. For more information please call (909) 915-1714. She also participated in the Superintendents book club for Grand Terrace High School. Number one seller, "Lean In" was discussed among Grand Terrace High School students and adult guests. She was thoroughly impressed with caliber of the youth that participated in the book club. They were mature, solid thinkers. She was proud to see quality children in our Grand Terrace High School. Lastly, with the recent home invasion, many residents were asking about precautionary measures to take to reduce the risk of them becoming a victim of a like crime. Council Member Mitchell congratulated former Mayor Walt and Monique Stanckiewitz on the birth of their first grandchild Gage Walter Spence who was born last Friday evening weighing eight pounds and 21 inches. She requested that City staff obtain the 2 Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 9, 2016 City of Grand Terrace Page 5 copies of the conflicting information from Ms. Farley. She also supports Council Member Hussey’s suggestion to pick up the seniors to attend the Council meetings. Mayor Pro Tem Sylvia Robles Mayor Pro Tem Robles stated that she was at Stater Brothers today and ran into former Mayor Stanckiewitz and he looked very happy to be a grandfather and welcomed him to the club. She reported that she attended the Omnitrans Board Meeting and the following items were discussed:  Adopted the Proposed Amended and Restated Joint Powers Agreement and Authorized Submission to all Members Agencies  Authorized the CEO/General Manager to begin negotiations with San Bernardino Associated Government for Maintenance of Equipment and Rail Operations Services for the Redlands Passenger Rail Project  Adopted Resolution No. 288-16 Declaring Omnitrans’ Rancho Cucamonga Property Surplus and Authorized the Sale by Auction. They expect 1.2 million dollars for the General Fund.  Approved Agreement No. 16-1001458 with San Bernardino County Transportation Authority - Measure I Consolidated Transportation Services Agency Funds  Received and Filed Fiscal Year 2016 Annual Management Strategic Initiatives - Second Quarter Report  Authorized Award - Sole Source Purchase Order for Annual Software Maintenance Services SAP Enterprise Resource Planning (ERP) Software for Business Systems Mayor Pro Tem Robles also reported that VTrans a sub agency of SANBAG was now being dissolved. The money was being returned to SANBAG and Omnitrans was absorbing that responsibility. It was good to see both entities implementing best practices. She stated that she had been reading on social media sites that SANBAG was a secret agency and what helped her in Omnitrans was the visioning work that they did. Mayor Pro Tem Robles would like to have the City provide public forums on transportation and other issues to enhance the communication with the constituency. Mayor Darcy McNaboe Mayor McNaboe stated that this was a good segway to her SANBAG report. She also stated that not just in the social media sites but in also people go to the SANBAG meetings and tell them they are a secret agency that does things behind people’s backs. The SANBAG projects are very large and are brought for action in pieces so if a person is not there from the beginning they may just get the phases as they are coming back for approval. There is a large responsibility on SANBAG but there is the 2 Packet Pg. 10 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 9, 2016 City of Grand Terrace Page 6 documentation on their website for the spending of Federal and Measure I funds. If anyone would like additional information on any of the SANBAG projects, we can provide this information for you. Mayor McNaboe reported that she attended the SANBAG Board meeting on February 3rd the following was discussed: Consent Calendar Project Delivery:  Award On Call Right of Way Legal Services Contracts for Major Projects  Approval of Plans, Specifications, and Estimates for Signalization of the Interstate 215 (I-215) Iowa Avenue and La Cadena Drive Interchange  Metrolink Active Transportation Program - Cooperative Agreements with Stakeholder Cities  New Cooperative Agreements and Procurement for Interstate 10/Mount Vernon Avenue Interchange Project  Amendment 2 to I-10/Tippecanoe Interchange Construction Management Contract with Simon Wong Engineering  New Contracts for Public Outreach Services for Major Projects Program Consent - Regional/Subregional Planning  2015 Update to the Development Mitigation Nexus Study Consent - Transit/Rail  Redlands Passenger Rail Project - Programmatic Environmental Impact Reports for the Cities of San Bernardino and Redlands  Contract No. C12178 Amendment No. 5 with Parsons Brinckerhoff for the San Bernardino Transit Center  Final Design and Environmental Clearance for the Shortway Subdivision Quiet Zone Project  Repeal of Rail Right-of-Way Policies Consent - Transportation Programming and Fund Administration  SR210/Base Line Avenue Term Loan Agreement with the City of Highland 2 Packet Pg. 11 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 9, 2016 City of Grand Terrace Page 7  Advance Expenditure Agreement for the State Route 62 in the City of Twentynine Palms  2017 Federal Transportation Improvement Program  Major Local Highway Program Subarea Project List for the North Desert Subarea  Update from Unmet Transit Needs Hearings Discussion - Transportation Programming and Fund Administration  Consolidated Transportation Services Agency Services and Operations in San Bernardino Valley Discussion - Project Delivery  Hearings to Consider Resolutions of Necessity for Parcels for the Interstate 215 (I- 215) Barton Road Interchange Improvement Project in the City of Grand Terrace  Interstate 10 Corridor Project: TIFIA Creditworthiness Evaluation and Ratings Agency Fees  Interstate 10 and Interstate 15 Corridor Projects: Legal Advisor Services Discussion - Transportation Programming and Fund Administration  Grant Writing Services  Participation in a Joint Feasibility Study of Community Choice Aggregation with the Western Riverside Council of Governments (WRCOG). Mayor McNaboe voted no. Discussion - Air Quality/Traveler Services  Execution of Resolution for the California Air Resources Board Grant for Multi-Class Heavy-Duty Zero-Emission Truck Development Project for Intermodal and Warehouse Facilities Additional discussion was on the State cutting the transportation funding for projects all through the State. The levels of Gas Tax revenue that were projected have fallen dramatically, some blame the lower cost of fuel. That is a component of it and the other component is alternative fueled vehicles. Some of the projects at the SANBAG level are looking at other funding sources. For our interchange here locally they are looking into Federal funding. Mayor McNaboe also attended the Special Meeting of the Oversight Board on Monday, February 1st the ROPS was approved and that same item is on the Council agenda 2 Packet Pg. 12 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 9, 2016 City of Grand Terrace Page 8 tonight. In response to the noise complaint for National Orange Show concert series, she and the City Manager will be meeting with National Orange Show management staff Thursday of this week to discuss with them some of the issues we are having. E. PUBLIC HEARINGS 5. Prioritization of Community Development Block Grant (CDBG) Funds for Program Year 2016-2017 Mayor McNaboe asked the City Clerk how the original statements could be provided if needed? City Clerk Jacquez-Nares stated that the meetings were recorded, and confirmed Mayor McNaboe's statement that the recordings were kept and that anyone could request a copy of the recording. The Clerk further stated that In the future, when the streaming was completed everyone would have access to the recording via the City's website. Management Analyst Freeman provided a summary of this item. Mayor McNaboe opened the Public Hearing at 6:44 p.m. Tom Donahue, Program Administrator for Family Service Association, provided a brochure and history of their program and services. Natasha Flores, Chair of the Board of Director for REC Center, provided a summary of their program and services. She thanked the Council for their funding and announced a joint Egg Hunt event with the Fire Department the Saturday before Easter. Mayor McNaboe closed the Public Hearing at 6:50 p.m. Council Member Hussey asked if the Council had set aside money from the Community Benefits Fund for the REC Center. City Manager Duffey answered that the Community Benefits Fund could be used by anyone and that the REC Center had submitted an application this past week. Mayor Pro Tem Robles complimented the Family Services Agency, she has been going to the Senior Center since she qualified; the food was plentiful and good. She further stated that she was not an athlete as a child and the other programs were her interests. She wanted to eventually not have to use CDBG funding for the City's Code Enforcement Division. 2 Packet Pg. 13 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 9, 2016 City of Grand Terrace Page 9 Council Member Mitchell thanked all six agencies that submitted their applications and for partnering with the City. Council Member Wilson requested clarification on the meaning of the greater enhanced Code Enforcement CDBG Census Tract Area. Community Development Director Molina stated that the Census Tract Code Enforcement area is West of the I-215 Freeway. Code Enforcement did regular enforcement throughout the City but because this was a Census Tract Area identified by the CDBG program it qualifies for various activities and one of those was public service with enhanced code enforcement and what that meant was that extra time was spent in that Census Tract Area. There are commercial centers in that area one of them had problems with vacancies and sometimes it gets vandalism. Other areas get vandalism of the City's street signs. The City can keep on top of those areas because of the additional hours that are spent in that area. It was about 44 inspections and 14 hours per month. Council Member Wilson asked if there was a cost recovery from the additional citations, penalties, and fines with the enhanced Code Enforcement. Community Development Director Molina answered that there was potentially a cost recovery just like with the regular Code Enforcement but it was not known until after the fact. 1. CONDUCT A PUBLIC HEARING FOR THE PRIORITIZATION OF ELIGIBLE APPLICATIONS FOR 2016-2017 CDBG FUNDING; AND, 2. PRIORITIZE FUNDING ALLOCATIONS AND AUTHORIZE STAFF TO SUBMIT THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING RECOMMENDATION TO THE COUNTY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY. RESULT: APPROVED [UNANIMOUS] MOVER: Jackie Mitchell, Council Member SECONDER: Bill Hussey, Council Member AYES: McNaboe, Robles, Mitchell, Wilson, Hussey F. UNFINISHED BUSINESS 6. Renaming Pico Park to honor Veterans serving in the United States Armed Services City Manager Duffey provided a brief summary of this item. Rose M. Keller, Grand Terrace resident, supports the renaming the Pico Park to honor our Veterans. She knows Hugh Grant but objects to the Park being named after Hugh Grant because there are others that are also worthy of having this distinction. 2 Packet Pg. 14 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 9, 2016 City of Grand Terrace Page 10 Clarice Todd, Grand Terrace resident, supports the rename of the park to honor the Veterans. Dan Flores Sr., Grand Terrace resident, thanked the City and The City Council for the support given for the building of the Freedom Wall. He supports the renaming of the Park to honor the Military Veterans. He would like the name to be Veteran's Freedom Park Jeff Alan, Grand Terrace resident, provided his research on the history of Pio Pico. Mr. Pico did not support the annexation of California to the United States and quit as Governor of California twice. He supports the renaming the Park to honor our Veterans. Denis Kidd, Grand Terrace resident, opposes the name change but if Council moves forward to change he supports Hugh Grant Park. He also provided a brief history of Pio Pico and stated two other residents did not want to have the Park's name changed. Rodney Spencer, Grand Terrace resident, he was a coach for several years and supports the renaming to honor our Veterans. Ed Gregor, Grand Terrace resident, provided an email for the Council meeting, Mayor Pro Tem Robles read into the record as follows: From Ed Gregor: Apparently tonight’s meeting is going to get input regarding the Pico Park situation. I would love to attend and speak but I cannot. If you have time I would appreciate you taking a brief look at this. I also posted a few similar on 92313 but I can't locate them. I’m sure you all recall the naming controversy regarding Grand Terrace High School and the hard feelings it produced. Some great individuals have gone beyond normal and created a Veterans Memorial wall at Pico Park It is going to be a real beauty and a plus to our great city. I am looking as well as others to adding my Dad and Granddad to the wall. Regardless of the name it will be great. However when places are named for individuals either other deserving individuals are left out or many people don't know who the recipient is or was. Example I have lived here for 38 years and I am not sure who Richard Rollins was or is and I do remember Hugh Grant but only that he was one of many City Founding Fathers. If you name the park for an individual that is the future. However if you rename it Veterans Park it takes in the Veterans Memorial wall as a great place for it to be displayed and honored. I’m sure if you take a city wide Poll and ask residents if they knew Richard Rollins or Hugh Grant the positive responses will be few not taking away that they were great individuals. However everyone knows at least one if not many Veterans, and that Title will endorse the Memorial wall and make it grow in size and importance. Thank You for taking time to read this Ed Gregor Grand Terrace, ca. Yvonne Williams, Grand Terrace resident and a Veteran, she thanked Jim McNaboe and the Committee for spearheading the Freedom Wall project. She supports the renaming of the Park to Veterans Freedom because the name encompasses Veterans, it honors our Veterans, and the Freedom for all of us. As an educator, she can see how this can serve for field trips for children and all visitors. 2 Packet Pg. 15 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 9, 2016 City of Grand Terrace Page 11 Jeffrey McConnell, Grand Terrace resident, he provided his involvement with the renaming of the Fitness Park. He did not like the Ad Hoc Committee for this item. He is fine with Veterans. Hugh Grant was a longtime Lion’s member, Mayor and Council Member of the City. Jim Miller, Grand Terrace resident and Veteran, he appreciates what Council Member Hussey and Mayor Pro Tem Robles did. He attended the Facility Naming Ad Hoc Committee meeting. He gave a lot of thought to what was happening that night and a lot of good points came up that night. Everyone was thinking that the City would move forward with a Veteran’s Park. Almost every city has a Veteran’s Park, he thinks that our City was unique because of the Committee and others that came together and put up the Freedom Wall. He requested that the name of the City of Grand Terrace Veteran’s Park be Veteran’s Freedom Park. He respects Council Member Wilson and his recommendation of Hugh Grant. Council Member Wilson clarified that he was the Council Member that suggested honoring Hugh Jordan Grant. He was on the Planning Commission when Pico Park got its name; there was nothing special to it, when the landscape architect started making the plans we did not have a name for it so we stuck Pico Park on it because that was where it was. Council Member Wilson stated the Hugh Grant was an individual who would support any variation of honoring the Veterans. He thought it was important to understand who he was and the reason he suggested it. Hugh Grant was born in 1931; he honorably served in the U.S. Army between 1955 and 1957. This meant that he was two and four years old during that timeframe. Mr. Grant became a resident, served on the Grand Terrace City Council for 14 years between 1978 to 1992. His name is on the bronze plaque in the lobby and served as Mayor of Grand Terrace between 1982 and 1987. He also served the Community as a lifetime Lion, one of the Founders of the Lions Club. The Grand Terrace Lion’s Club has done a lot of good work in Grand Terrace and the surrounding areas. The State of California has had a history of naming infrastructures and in this particular case we could not do it. When I made the suggestion I had not seen our policy and we would have to put this off until June 2016 to properly honor Hugh Jordan Grant. Council Member Hussey thank you Council Member Wilson for Mr. Grant’s history. He also thanked everyone who came for this item. Council Member Hussey quoted biblical scripture James 1:16 - My dear brothers and sisters everyone should be quick to listen, slow to speak, and slow to become angered. He stated that his intent was never to divide the City on the renaming of this Park but to honor the Veterans. Coaching baseball, basketball, and soccer we have a lot of youth in this City. A lot of youth are doing great things and a lot of youth are serving our military now. What a way to honor our Veterans. Freedom is not free we are still paying that debt that debt would never be paid for. This stands for a lot. The Mayor, the Foundation, and others came together for this Freedom Wall Memorial to honor our Veterans. Council Member Hussey would like to have the name be Veteran’s Freedom Park. Mayor McNaboe thanked Council Member Hussey and Mayor Pro Tem Robles for their 2 Packet Pg. 16 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 9, 2016 City of Grand Terrace Page 12 time to receive the public input and they did a great job. She also spoke to a resident of over 50 years and he asked her where Pico Park was. Council Member Mitchell thanked Council Member Hussey for his passion, determination, and dedication to this project. It speaks to your heart, your loyalty to our country and those that serve our country. She thanked Mayor Pro Tem Robles for her thoughtful mind and knowledge. Council Member Mitchell requested that staff come back to Council with a way to memorialize those that have contributed to our City. She also believes that those that do not serve also pay this debt by sending their love ones to serve our country. This is a huge thank you and appreciation to all of us for recognizing our service members and our Veterans. Mayor Pro Tem Robles stated that with the Mayor, through the Foundation, Council Member Hussey and herself they have some big ideas for enhancing the Park that are pretty tenacious. Because of this, we have a beautiful Freedom Wall and we are enhancing that by renaming the Park. She stated that she knew Hugh Grant and that the City was building several tracks that maybe the City could look at naming those streets. She would like to have a community center or a new library that could also be used to honor these individuals. Mayor McNaboe thanked everyone who came to the meeting for this item and stated that the Veteran’s Wall of Freedom Committee has a lot of work still ahead of them and that they would like their continued support as they finish this project. ACCEPT THE RECOMMENDATIONS OF FACILITY NAMING COMMITTEE TO RENAME PICO PARK TO VETERAN’S FREEDOM PARK; AND DIRECT STAFF TO HAVE MIG (PARK CONSULTANT CURRENTLY ASSESSING ALL PARKS IN GRAND TERRACE) RECOMMEND ENHANCEMENTS TO PARK THAT WILL EMBRACE VETERAN’S THEME AND RETURN TO COUNCIL BEFORE SECOND MEETING IN MAY TO APPROVE IMPLEMENTATION PLAN FOR PARK (NEW NAME). RESULT: APPROVED [UNANIMOUS] MOVER: Bill Hussey, Council Member SECONDER: Darcy McNaboe, Mayor AYES: McNaboe, Robles, Mitchell, Wilson, Hussey 7. ADOPT AN ORDINANCE TO MODIFY SECTIONS 2.24.08 ENTITLED ABOLISHMENT OF POSITIONS AND SECTION 2.08.080 OF THE MUNICIPAL CODE ENTITLED APPOINTMENT, REMOVAL, DEMOTION, PROMOTION OF EMPLOYEE. City Manager Duffey provided a brief summary of this item. Mayor Pro Tem Robles stated that when she attended the League of California Cities they stated that the only employee that reports to the City Council was the City Clerk but she also feels that the City Manager has to have control of staff. Mayor Pro Tem does not have a concern with Mr. Duffey but if another City Manager were to come and they 2 Packet Pg. 17 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 9, 2016 City of Grand Terrace Page 13 had issues with the City Clerk providing the public information and exercises their authority and fires the City Clerk. City Manager Duffey stated that if the Council had that issue with a City Manager it would need to be addressed immediately. City Managers need to operate with certain standards and transparency is very important. City Attorney Adams generally the positions that report to the Council are the City Manager, City Attorney, and the City Clerk. There are some cities that elect the City Clerk and they respond to the electoral body. The Council has the ability to make the City Clerk answer to the City Council and not the City Manager. Mayor McNaboe asked if the City Clerk action could be taken later or did it affect the current item. City Attorney Adams answered it could be taken later it did not affect the current item. Nina Mohammed, Grand Terrace resident, requested clarification on the status of the City Clerk. Mayor McNaboe clarified the direct reporting status of the City Clerk was to the City Manager and if the Council wanted to change this it would have to bring this item back for action at another time. City Clerk Jacquez-Nares read by title only Ordinance No. 293: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AMENDING SECTION 2.08.080 (APPOINTMENT, RENEWAL, DEMOTION, PROMOTION OF EMPLOYEES) OF CHAPTER 2.08 AND SECTION 2.24.08 (ABOLITION OF POSITIONS) OF CHAPTER 2.24 OF TITLE 2 OF THE GRAND TERRACE MUNICIPAL CODE BY PROVIDING SEVERANCE PAY OF UP TO THREE MONTHS FOR CERTAIN AT- WILL POSITIONS UNDER CERTAIN CIRCUMSTANCES. INTRODUCE BY TITLE ONLY AND WAIVE FURTHER READING OF ORDINANCE NO. 293 AN ORDINANCE AMENDING ORDINANCE NO. 281 SECTION 2.24.080 - ABOLITION OF POSITIONS, TO INCLUDE: WHEN A POSITION IS ABOLISHED AND FORMER EMPLOYEE HOLDING THE CLASSIFIED POSITION ASSUMES A NEW AT-WILL DEPARTMENT HEAD POSITION THAT PERSON SHALL BE ENTITLED TO 3 MONTHS OF COMPENSATION IF REMOVED FROM NEW AT-WILL POSITION “WITHOUT CAUSE”. AND AMENDING SECTION 2.08.080 APPOINTMENT, REMOVAL, DEMOTION, PROMOTION OF EMPLOYEES, TO INCLUDE: THE CITY MANAGER MAY PROVIDE UP TO THREE MONTH SEVERANCE PAY TO AT-WILL EMPLOYEES AT TIME OF SEPARATION WHEN THEY ARE RELEASE “WITHOUT CAUSE”. AS A FINANCIAL MATTER, THE CITY COUNCIL MUST BE INFORMED WITHIN 60 DAYS OF ANY SEPARATION 2 Packet Pg. 18 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 9, 2016 City of Grand Terrace Page 14 AGREEMENT ENTERED INTO BY THE CITY MANAGER. RESULT: APPROVED [UNANIMOUS] MOVER: Doug Wilson, Council Member SECONDER: Jackie Mitchell, Council Member AYES: McNaboe, Robles, Mitchell, Wilson, Hussey MAYOR MCNABOE RECESSED THE CITY COUNCIL MEETING AT 7:43 P.M. MAYOR MCNABOE RECONVENED THE CITY COUNCIL MEETING AT 7:51 P.M. G. NEW BUSINESS 8. I-215/Barton Road Interchange Project Update and Council Direction on Project Enhancements Theron Roschen, Interwest Consultant, presented the PowerPoint Presentation for this item. Council Member Hussey asked if there was a sidewalk to the bridge for the pedestrians. Mr. Roschen yes on both sides. Council Member Wilson have there been any real objections to force any condemnation procedures that would impact the timeline of this project. Mr. Roschen not to his knowledge. Community Development Director Molina stated that as Mayor McNaboe reported the Resolutions of Necessity by SANBAG allow for negotiations until condemnation. Council Member Wilson asked if staff was worried about the potential vandalism to the globe style lighting. Mr. Roschen stated that it was taken into consideration by staff and that is why they were going to be higher. Nina Mohammed, Grand Terrace resident, asked if there would be bike lanes included in the design. Mr. Roschen presently on Barton there are no bike lanes along Barton Road. However, Barton has wide shoulders wish would allow for the striping for the bike lane. 1. APPROVED ALL OF STAFF RECOMMENDATION FOR THE DESIGN OF THE PROJECT ENHANCEMENTS AS RECOMMENDED IN THE AGENDA REPORT; AND 2 Packet Pg. 19 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 9, 2016 City of Grand Terrace Page 15 2. DIRECT STAFF TO FORWARD THE SELECTIONS TO SANBAG. RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Mayor Pro Tem SECONDER: Doug Wilson, Council Member AYES: McNaboe, Robles, Mitchell, Wilson, Hussey 9. Approval of Bus Driver Classification and Salary Management Analyst Freeman provided a summary of this item. 1. APPROVE THE BUS DRIVER JOB CLASSIFICATION; 2. ADOPT A RESOLUTION OF THE CITY COUNCIL AMENDING THE ADOPTED ANNUAL BUDGET FOR FISCAL YEAR 2015-16 TO INCLUDE THE NEW BUS DRIVER POSITION; 3. ADOPT A RESOLUTION OF THE CITY COUNCIL AMENDING RESOLUTIONS 2015-21 AND 2016-03 ADDING A NEW CLASSIFICATION/SALARY RANGE FOR THE POSITION OF BUS DRIVER; 4. APPROVE THE ESTABLISHMENT OF A SENIOR BUS PROGRAM FUND (FUND 65) TO ACCOUNT FOR THE EXPENSES AND REIMBURSEMENT OF THE VTRANS MATCH TO THE SENIOR BUS PROGRAM; AND 5. APPROPRIATE $5,000 FROM THE AIR QUALITY IMPROVEMENT FUND TO COVER ONE-THIRD OF THE CITY'S MATCH REQUIREMENT WITH VTRANS FOR THE SENIOR BUS PROGRAM. RESULT: APPROVED [UNANIMOUS] MOVER: Doug Wilson, Council Member SECONDER: Sylvia Robles, Mayor Pro Tem AYES: McNaboe, Robles, Mitchell, Wilson, Hussey 10. Discussion of Van Buren Street Roadway Alterations and Consider Possible Action and Appropriation Community Development Director Molina presented the PowerPoint Presentation for this item. She made a correction on the staff report fiscal impact of phase one the addition of both the flashing signal lights and the striping of a centerline was $16,660.00. Council Member Hussey asked if these recommendations were made by the expert. He asked why speed bumps were not considered. The main concern was to make people stop at the stop sign. 2 Packet Pg. 20 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 9, 2016 City of Grand Terrace Page 16 Community Development Director Molina stated that the speed bumps were not the preferred calming measure for that street. Mayor McNaboe asked Mr. Neustaedter, TEP Engineer, why speed bumps were not used on this street. Mr. Neustaedter stated that the engineering study did not allow for the speed humps due to the grade of the street being too steep and did not meet the standards. Mayor McNaboe asked what the City was going to get if they implemented all of these items. Mr. Neustaedter the street was very broad what was being done was narrowing the travel way which would slow down the traffic. Drivers are going to have to be keenly aware of what they are doing to progress in the street in a cautious manner. Council Member Mitchell requested examples of the successful use of bott dots. Mr. Neustaedter they are going to have to be keenly aware of maneuvering on that narrowed street. Mayor Pro Tem Robles stated that the guiding factor was that the City hired experts that brought to the City a great deal of experience and regulations. She thought the phasing would be good and would give the City an idea of how much would be needed to to calm the traffic on that street. What she was trying to guard against was to have Council second guess what the professionals had recommended. Council Member Hussey asked if the professional thought of making Crane Street a four way stop. Mr. Neustaedter stated that the guidelines from the Manual of Uniform Traffic Calming Devices California version were very clear that stop signs were not to be used as calming devices. There was legitimate criteria for the use of stop signs. He also stated that a warrant study could be done on that intersection to see if it did warrant the stop sign. John Van Campen, Grand Terrace resident, asked if a stop sign on Nightingale before Oriole would help. What would the time frame be to start this implementation? Cassandra Arrellano, Grand Terrace resident, asked if the speed limit could be reduced on this street. Speed humps were installed on DeBerry; why were they approved for that street and not approved for Van Buren; she requested the report be provided to her. She also requested the reports on the findings for this item be provided to her. Ms. Arrellano requested to see the measures that would address the traffic going up the hill not just these going down the hill. 2 Packet Pg. 21 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 9, 2016 City of Grand Terrace Page 17 Rodney Spencer, Grand Terrace resident, stated that lately they have had speeders on his street because the Sheriffs have been on Observation Street. He has noticed the use of the bigger bott dots made him better aware of what was going on. Nina Mohammed, Grand Terrace resident, stated that she lived on DeBerry and she hears the drivers slow down for the speed bump and race to the next speed bump. Staff’s recommendations do work narrowing the path helps with reduce the speed. Community Development Director Molina addressed the questions from the public as follows: phase 1a would be implemented as quickly as possible between four to eight weeks. There was a speed study and the traffic did not warrant a reduction of speed. Mr. Neustaedter stated that DeBerry Street met the grading requirement for the speed hump. Mayor McNaboe requested that staff provide Ms. Arrellano the research reports she requested. Council Member Mitchell asked if the other issue was the running of the stop sign. Community Development Director Molina confirmed she was correct. City Manager Duffey stated that the neighborhood was notified of this item coming forward to the Council tonight. . 1. DIRECT STAFF TO IMPLEMENT THE PHASING PLAN BEGINNING WITH PHASE 1A; AND 2. APPROPRIATE $8,960.00 DOLLARS FROM THE GAS TAX FUND. RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Mayor Pro Tem SECONDER: Jackie Mitchell, Council Member AYES: McNaboe, Robles, Mitchell, Wilson, Hussey 11. An Ordinance Amending Title 4 of the Grand Terrace Municipal Code Establishing the Grand Terrace Circulation Improvement Fee Program Community Development Director Molina provided a brief summary on this item. City Clerk Jacquez-Nares read by title only Ordinance No. 294: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA AMENDING CHAPTER 4.104 OF TITLE 4 OF THE GRAND TERRACE MUNICIPAL CODE TO CLARIFY AND TO REDUCE THE OVERALL FEES FOR THE CIRCULATION IMPROVEMENT FEE PROGRAM 2 Packet Pg. 22 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 9, 2016 City of Grand Terrace Page 18 READ BY TITLE ONLY, WAIVE FURTHER READING AND INTRODUCE ORDINANCE NO. 294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA AMENDING CHAPTER 4.104 OF TITLE 4 OF THE GRAND TERRACE MUNICIPAL CODE TO CLARIFY AND TO REDUCE THE OVERALL FEES FOR THE CIRCULATION IMPROVEMENT FEE PROGRAM RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Mayor Pro Tem SECONDER: Doug Wilson, Council Member AYES: McNaboe, Robles, Mitchell, Wilson, Hussey 12. Child Care Services Financial Status Report Finance Director Fortune and Child Care Services Director Phillips presented this item. RECEIVE AND FILE THE CHILD CARE SERVICES FINANCIAL STATUS REPORT FOR THE PERIOD ENDING DECEMBER 31, 2015. RESULT: APPROVED [UNANIMOUS] MOVER: Darcy McNaboe, Mayor AYES: McNaboe, Robles, Mitchell, Wilson, Hussey H. CITY MANAGER COMMUNICATIONS City Manager Duffey announced the Facility Naming Committee would like to have the Freedom theme on the I-215 Freeway Retaining Walls and would communicate this to Theron Roschen the Interwest Consultant. He also announced the Special Council Meeting on the Emergency Operations Plan tomorrow at 6:00 p.m. in the Council Chambers. Mr. Duffey attended the League of California Cities City Manager's Department Meeting, one of the items discussed was that the League was going into the health brokering program and the cities could join the League in finding an alternative to the CALPERS medical solutions. He further announced that on February 16th in the Community Room at 12 o’clock the Mayor would be providing the State of the City Address for the Chamber Luncheon an email blast would go out on Thursday announcing this event. The event is free to attend but if you wanted lunch there is a fee. All of the information would be provided in the email blast. RECESS TO CLOSED SESSION Mayor McNaboe recessed the City Council to Closed Session at 9:15 p.m. to discuss the items as listed on the agenda. I. CLOSED SESSION 13. Public Employee Performance Evaluation - Pursuant To Government Code Section 54957(b) (1) Title: City Manager 2 Packet Pg. 23 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 9, 2016 City of Grand Terrace Page 19 14. Conference with Labor Negotiators - Pursuant to Government Code Section 54957.6 Agency Designated Representative: City Attorney Unrepresented Employee: City Manager 15. Pending Litigation - Pursuant to Government Code 54956.9: Claim by County regarding City compliance with Gov Code 76000, 76000.3, and 70372(b). RECONVENE TO OPEN SESSION Mayor McNaboe reconvened the City Council to Open Session at 10:26 p.m. REPORT OUT OF CLOSED SESSION Mayor McNaboe reported that as to Item No. 13 Performance Evaluation City Manager feedback was provided to the City Manager. As to Item No. 14 Conference Negotiators, City Manager and Item No. 15 Pending Negotiations no reportable actions. ADJOURN Mayor McNaboe adjourned the meeting at 10:27 p.m. The Next Regular City Council Meeting will be held on Tuesday, February 23, 2016 at 6:00 p.m. _________________________________ Darcy, McNaboe, Mayor _________________________________ Pat Jacquez-Nares, City Clerk 2 Packet Pg. 24 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 9 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) This page left intentionally blank. AGENDA REPORT MEETING DATE: February 23, 2016 Council Item TITLE: Continuation of the Economic Development Incentive Agreement with OneSource Distributors PRESENTED BY: G. Harold Duffey, City Manager RECOMMENDATION: Continue the Open Public Hearing to the March 8, 2016 City Council Meeting. 2030 VISION STATEMENT: This staff report supports the following City Council Goals: Goal #1 - Ensure Our Fiscal Viability - Identify Additional Revenue Sources Goal #3 - Promote Economic Development - Develop Proactive Economic Development Plan to Attract New Businesses BACKGROUND/DISCUSSION: On January 12, 2016, the City Council set a public hearing to comply with Government Code 53083 on January 26, 2016 for the Economic Development Incentive (EDI) Package and Agreement with OneSource Distributors. On January 26, 2016, the City Council opened and continued the public hearing to February 23, 2016. Additional time is needed to review the agreement, therefore staff is requesting that the open public hearing be continued to the March 8, 2016 City Council meeting. FISCAL IMPACT: There is no fiscal impact associated with this item. APPROVALS: G. Harold Harold Duffey Completed 02/18/2016 11:51 AM City Attorney Completed 02/18/2016 12:06 PM Finance Completed 02/18/2016 2:41 PM City Manager Completed 02/18/2016 2:51 PM City Council Pending 02/23/2016 6:00 PM 3 Packet Pg. 25 This page left intentionally blank. AGENDA REPORT MEETING DATE: February 23, 2016 Council Item TITLE: Adopt an Ordinance to Modify Sections 2.24.08 Entitled Abolishment of Positions and Section 2.08.080 of the Municipal Code Entitled Appointment, Removal, Demotion, Promotion of Employee. PRESENTED BY: G. Harold Duffey, City Manager RECOMMENDATION: Read by Title Only, Waive Further Reading and Adopt Ordinance No. 293; Amending Ordinance No. 281, Section 2.24.080 - Abolition of Positions, to include: When a position is abolished and former employee holding the classified position assumes a new At-Will Department Head position that person shall be entitled to 3 months of compensation if removed from new at-will position “without cause”. And Amending Section 2.08.080 Appointment, Removal, Demotion, Promotion of Employees, to include: The City Manager may provide up to three month severance pay to At-Will employees at time of separation when they are release “without cause”. As a financial matter, the City Council must be informed within 60 days of any separation agreement entered into by the City Manager. 2030 VISION STATEMENT: This staff report supports Goal #1 - Ensure Our Fiscal Viability by Exploring Creative Means to Provide Services. BACKGROUND: On February 9, 2016, the City Council introduced an ordinance to amend Ordinance No. 281 Section 2.24.080 - Abolition of Positions to provide three months of compensation to certain at-will employees if removed “without cause”. The Council introduced the ordinance as presented, without any changes, and it is now before the Council for adoption. FISCAL IMPACT: Fiscal impact could be felt within the Department if At-Will positions are released “without cause”. The range of compensation for existing department heads would be no greater than $40,000 per incident. 4 Packet Pg. 26 ATTACHMENTS:  Ordinance 293 (DOC) APPROVALS: G. Harold Harold Duffey Completed 02/17/2016 11:36 AM City Attorney Completed 02/17/2016 4:26 PM Finance Completed 02/17/2016 4:29 PM City Manager Completed 02/17/2016 6:10 PM City Council Pending 02/23/2016 6:00 PM 4 Packet Pg. 27 1 ORDINANCE NO. 293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AMENDING SECTION 2.08.080 (APPOINTMENT, RENEWAL, DEMOTION, PROMOTION OF EMPLOYEES) OF CHAPTER 2.08 AND SECTION 2.24.08 (ABOLITION OF POSITIONS) OF CHAPTER 2.24 OF TITLE 2 OF THE GRAND TERRACE MUNICPAL CODE BY PROVIDING SEVERANCE PAY OF UP TO THREE MONTHS FOR CERTAIN AT- WILL POSITIONS UNDER CERTAIN CIRCUMSTANCES. WHEREAS, on January 12, 2016 the City Council approved the reorganization of the management positions of the City which included the addition of two new department head positions of Director of Planning and Development Services and Public Works Director; WHEREAS, in addition on January 12, 2016 the City Council directed the City Manager to return within thirty (30) days with a report to modify the Grand Terrace Municipal Code to provide severance pay for existing employees that assume at-will positions and whose employment is later terminated without cause and authorize the City Manager to enter into separation agreements containing severance pay of no more than three (3) months for future at-will employees whose employment is terminated without cause; and WHEREAS, the herein ordinance has been prepared to fulfill the aforementioned direction given to the City Manager by the City Council. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Grand Terrace, as follows SECTION 1. Section 2.08.080 (Appointment, Renewal, Demotion, Promotion of Employees) of Chapter 2.08 (City Manager) of Title 2 (Administration and Personnel), of the Grand Terrace Municipal Code is hereby amended as follows: 2.08.080 - Appointment, removal, demotion, promotion of employees. It shall be the duty of the city manager to, and he shall, appoint, remove, promote and demote any and all officers and employees of the city, subject to all applicable personnel ordinances, rules and regulations. The city manager may provide up to three (3) months of severance pay to at-will employees at time of separation when they are released without cause. As a financial matter, the city council shall be advised within sixty (60) days of any such separation payment being provided or agreed to by the city manager. 4.a Packet Pg. 28 At t a c h m e n t : O r d i n a n c e 2 9 3 ( 1 8 6 3 : S e c o n d R e a d i n g - O r d i n a n c e A m e n d m e n t t o N e w P W & C D P o s i t i o n s ) 2 SECTION 2. Section 2.24.080 (Abolition of positions) of Chapter 2.24 (Personnel System) of Title 2 (Administration and Personnel), of the Grand Terrace Municipal Code is hereby amended as follows: 2.24.080 - Abolition of positions. Whenever in the judgment of the city council it becomes necessary in the interests of economy or because the necessity for a particular position involved no longer exists, the city council may abolish any position or employment in the classified employment. Whenever any reduction in the interests of economy is made, the city shall observe the seniority rule in accordance with the procedures prescribed by the personnel rules. When a position is abolished and the incumbent of said position is offered and assumes a newly created at-will department head position, the incumbent shall be entitled to three (3) months of severance pay if later removed from the new at-will position without cause. SECTION 3. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion of it irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions of it be declared invalid or unconstitutional. If for any reason any portion of this ordinance is declared invalid or unconstitutional, then all other provisions shall remain valid and enforceable. SECTION 4. This ordinance shall take effect thirty days from the date of adoption. SECTION 5. First read at a regular meeting of the City Council held on the 8th day of December, 2015 and finally adopted and ordered posted at a regular meeting of said City Council on the 23rd day of February, 2016. ATTEST: ______________________________ _____________________________ Patricia Jacquez-Nares Darcy McNaboe City Clerk Mayor 4.a Packet Pg. 29 At t a c h m e n t : O r d i n a n c e 2 9 3 ( 1 8 6 3 : S e c o n d R e a d i n g - O r d i n a n c e A m e n d m e n t t o N e w P W & C D P o s i t i o n s ) 3 I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council on the 9th of February 2016, and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 23rd day of February 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________ Pat Jacquez-Nares City Clerk Approved as to form: ________________________________ Richard L. Adams, II City Attorney 4.a Packet Pg. 30 At t a c h m e n t : O r d i n a n c e 2 9 3 ( 1 8 6 3 : S e c o n d R e a d i n g - O r d i n a n c e A m e n d m e n t t o N e w P W & C D P o s i t i o n s ) This page left intentionally blank. AGENDA REPORT MEETING DATE: February 23, 2016 Council Item TITLE: An Ordinance Amending Title 4 of the Grand Terrace Municipal Code Establishing the Grand Terrace Circulation Improvement Fee Program PRESENTED BY: Sandra Molina, Community Development Director RECOMMENDATION: Read by Title Only, Waive Further Reading and Adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA AMENDING CHAPTER 4.104 OF TITLE 4 OF THE GRAND TERRACE MUNICIPAL CODE TO CLARIFY AND TO REDUCE THE OVERALL FEES FOR THE CIRCULATION IMPROVEMENT FEE PROGRAM 2030 VISION STATEMENT: This staff report supports Goal #1 Ensure Our Fiscal Viability and Goal #2 Maintain Public Safety by ensuring cost recovery for services and improvements, and investing in improvements to infrastructure. BACKGROUND/DISCUSSION: On February 9, 2016, the City Council introduced an ordinance to amend Chapter 4.104 to establish updated development impact fees related to the Circulation Improvement Fee Program . The Council introduced the ordinance as presented, without any changes, and it is now before the Council for adoption. FISCAL IMPACT: No impact to the general fund will result from adoption of an updated Circulation Fee Program, as it is a development impact fee. ATTACHMENTS:  Ordinance Chapter 4.104 Circulation Improvement Fee Programv2_2.4.2016 (DOCX) APPROVALS: Sandra Molina Completed 02/16/2016 1:20 PM 5 Packet Pg. 31 City Attorney Completed 02/16/2016 5:12 PM Finance Completed 02/17/2016 8:24 AM Community Development Completed 02/17/2016 9:42 AM City Manager Completed 02/17/2016 6:09 PM City Council Pending 02/23/2016 6:00 PM 5 Packet Pg. 32 Page 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA AMENDING CHAPTER 4.104 OF TITLE 4 OF THE GRAND TERRACE MUNICIPAL CODE TO CLARIFY AND TO REDUCE THE OVERALL FEES FOR THE CIRCULATION IMPROVEMENT FEE PROGRAM WHEREAS, Grand Terrace is continuing to experience and encourage new development of its vacant parcels as well as additions to and some replacement and remodeling of existing buildings; and WHEREAS, growth continues to drive the demand for municipal services which in turn generate the need for expansion of the City's public facilities in order to provide these services; and WHEREAS, the City of Grand Terrace master facilities plan indicates that in order to accommodate future growth capital projects are needed including street and traffic signal improvements; and WHEREAS, the City of Grand Terrace, in cooperation with San Bernardino Associated Governments (SANBAG), has conducted an extensive analysis in accordance with Chapter 5, Section 66000 of the California Government Code of .potential new development, identified anticipated capital improvements needed to accommodate future growth, estimated the cost of these improvements, and identified a potential beneficiaries of these improvements; and WHEREAS, the City of Grand Terrace updated its Arterial Improvement Fees by adopting Ordinance No. 242 on January 13, 2008 to be eligible for supplemental funding for arterial infrastructure that will become available under San Bernardino County's Measure I Program starting in 2010; and WHEREAS, on January 27, 2009, the City of Grand Terrace adopted Ordinance No. 244 to add an Operational Improvement Fee, which was incorporated into the Arterial Improvement Fees due to additional infrastructure improvements identified; and WHEREAS, on February 23, 2010, the City of Grand Terrace adopted Ordinance No. 248 to temporarily suspend the Operational Improvement Fee that had been incorporated into the Arterial Improvement for a period of 24 months; and WHEREAS, in this ordinance the Operational Improvement Fee will be separated and shown separately from the Arterial Improvement Fee; and WHEREAS, previously projected infrastructure projects, project costs, and funding sources may have changed and the City of Grand Terrace desires to reevaluate 5.a Packet Pg. 33 At t a c h m e n t : O r d i n a n c e C h a p t e r 4 . 1 0 4 C i r c u l a t i o n I m p r o v e m e n t F e e P r o g r a m v 2 _ 2 . 4 . 2 0 1 6 ( 1 8 6 2 : S e c o n d R e a d i n g - C i r c u l a t i o n I m p r o v e m e n t F e e Page 2 previous studies made in accordance with Chapter 5, Section 66000 of the California Government Code; and WHEREAS, the City of Grand Terrace Circulation Fee Program Update, which re- evaluated program costs for traffic signal, arterial, and operational improvements was completed in October, 2015; and WHEREAS, all requirements of California Government Code Section 6600 et. seq. are hereby found to have been complied with; and WHEREAS, the adoption of a this new Chapter 4.104 will reduce the circulation impact fees by approximately 13 to 14% lower than the existing impact fees, due to the fact that the City is using the fair share cost component factor included in the SANBAG Development Mitigation Nexus Study for consistency purposes. WHEREAS, a public meeting was conducted by the City Council on February 9, 2016, on the proposed ordinance updated the Circulation Improvement Fee Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAINED AS FOLLOWS: SECTION 1. The City Council finds that all the facts, findings, and conclusions set forth above in this Ordinance are true and correct. SECTION 2. The City Council hereby amends Chapter 4.104 Traffic Signal Improvement Fee and Circulation Improvement Fee of Title 4 of the Grand Terrace Municipal Code, as follows: “Chapter 4.104 – CIRCULATION IMPROVEMENT FEE PROGRAM Sections: 4.104.010 - Purpose. 4.104.020 - Definitions. 4.104.030 - Traffic signal improvement fee. 4.104.040 – Arterial improvement fee. 4.104.050 – Operational improvement fee. 4.104.060 - Use of traffic signal improvement fees. 4.104.070 - Use of arterial improvement fees. 4.104.080 - Use of operational improvement fees. 4.104.090 - Capital improvement program. 4.104.100 - Fee waivers or fee reduction. 4.104.120 - Fee adjustments. 5.a Packet Pg. 34 At t a c h m e n t : O r d i n a n c e C h a p t e r 4 . 1 0 4 C i r c u l a t i o n I m p r o v e m e n t F e e P r o g r a m v 2 _ 2 . 4 . 2 0 1 6 ( 1 8 6 2 : S e c o n d R e a d i n g - C i r c u l a t i o n I m p r o v e m e n t F e e Page 3 Section 4.104.010 - Purpose. A. The city council has found and determined that new development in the city increases the amount of traffic utilizing the city street system, thereby requiring the installation of additional traffic signals, arterial street improvements, and operational at specified locations to increase or improve transportation capacity in order to protect the public health, safety and welfare and that such new development should pay its fair share of such improvements. B. The purposes of this chapter are 1. To provide for the imposition of fees for each new single family residential dwelling unit, multiple family residential dwelling unit, retail commercial area, industrial/warehouse acreage, and office professional area; such fees to be placed in a specially designated fund to be utilized for the purchase and installation of traffic signals at specified locations; and 2. To provide for the imposition of fees for each new single family residential dwelling unit, multiple family residential dwelling unit, retail commercial area, industrial/warehouse acreage, and office professional area; such fees to be placed in a specially designated fund to be utilized for the improvements to streets as designated by the city council in order to increase or improve the carrying capacity of such streets to solve current and proposed traffic congestion; and To provide for the imposition of fees for each new single family residential dwelling unit, multiple family residential dwelling unit, retail commercial area, industrial/warehouse acreage, and office professional area; such fees to be placed in a specially designated fund to be utilized for operational improvements to streets improve the carrying capacity of such streets to solve current and proposed traffic congestion. Section 4.104.020 - Definitions. For the purpose of this chapter, the following words, terms, and phrases shall have the meaning given in this section: "Single-family dwelling unit" means a building designed for or used for residential occupancy by not more than one family or household and having one kitchen for one family or household. "Multiple-family dwelling" means a building containing two or more dwelling units. Each dwelling unit designed or used for occupancy by a single family or household with independent kitchen facilities. "Low density residential unit" means a dwelling unit within a residential development having a density less than 3.6 dwelling units per acre. 5.a Packet Pg. 35 At t a c h m e n t : O r d i n a n c e C h a p t e r 4 . 1 0 4 C i r c u l a t i o n I m p r o v e m e n t F e e P r o g r a m v 2 _ 2 . 4 . 2 0 1 6 ( 1 8 6 2 : S e c o n d R e a d i n g - C i r c u l a t i o n I m p r o v e m e n t F e e Page 4 "Medium density residential unit" means a dwelling unit within a residential development with a density greater than or equal to 3.6 dwelling units per acre. "Retail commercial area" means a retail commercial development measured per one thousand square feet of gross leasable area. "Industrial/warehouse acreage" means an industrial/warehouse development measured per acre. "Office professional area" means an office professional development measured per one thousand feet of gross floor area. Section 4.104.030 - Traffic signal improvement fee. A. A traffic signal improvement fee is imposed on the construction of all new single family residential dwelling units, multiple family residential dwelling units, retail commercial areas, industrial/warehouse acreage, and office professional areas in accordance with the schedule of fees that may be established by the city council by resolution. No fee shall be assessed on any city, county, state or federal government use. B. Fees required by this chapter shall be paid upon application to the city for a building permit for any construction which adds a low single family residential dwelling unit, multiple family residential dwelling unit, retail commercial area, industrial/warehouse acreage, or office professional area to any parcel of real property within the city. No building permit shall be issued until the fee is paid. Computation of the amount required shall be made by the building official or a designated representative. Section 4.104.040 - Arterial improvement fee. A. Arterial improvement fees are imposed on the construction of all new single family residential dwelling units, multiple family residential dwelling units, retail commercial areas, industrial/warehouse acreage, and office professional areas in accordance with the schedule of fees that may be established by the city council by resolution. No fee shall be assessed on any city, county, state or federal government use. B. Fees required by this chapter shall be paid upon application to the city for a building permit for any construction or major remodel which adds a single family residential dwelling unit, multiple family residential dwelling unit,, retail commercial area, industrial/warehouse acreage or office professional area to any parcel of real property within the city. No uilding permit shall be issued until the fee is paid. Computation of the amount required shall be made by the building official or a designated representative. Section 4.104.050 - Operational improvement fee. A. Operational improvement fees are imposed on the construction of all new single family residential dwelling units, multiple family residential dwelling units, retail 5.a Packet Pg. 36 At t a c h m e n t : O r d i n a n c e C h a p t e r 4 . 1 0 4 C i r c u l a t i o n I m p r o v e m e n t F e e P r o g r a m v 2 _ 2 . 4 . 2 0 1 6 ( 1 8 6 2 : S e c o n d R e a d i n g - C i r c u l a t i o n I m p r o v e m e n t F e e Page 5 commercial areas, industrial/warehouse acreage, and office professional areas in accordance with the schedule of fees that may be established by the city council by resolution. No fee shall be assessed on any city, county, state or federal government use. B. Fees required by this chapter shall be paid upon application to the city for a building permit for any construction or major remodel which adds a single family residential dwelling unit, multiple family residential dwelling unit, retail commercial area, industrial/warehouse acreage or office professional area to any parcel of real property within the city. No building permit shall be issued until the fee is paid. Computation of the amount required shall be made by the building official or a designated representative. Section 4.104.060 - Use of traffic signal improvement fees. A special traffic signal improvement fee account is established and all fees collected shall be deposited therein. Traffic Signal Improvement Fees Single Family Dwelling Unit and Multiple Family Dwelling Unit (per unit) 1 Detached dwelling unit $238.53 2 Attached dwelling unit 145.57 Retail 1 Retail (TSF-GLA) (per thousand square feet of gross leasable area) 534.93 Industrial/warehouse 1 Industrial/warehouse (TSF-GFA) (per thousand square feet of gross floor area) 174.63 Office 1 Office (TSF-GLA) (per thousand square feet of gross leasable area) 276.36 All revenues raised by the imposition of this fee shall be applied to the design and construction of traffic signals and supporting infrastructure at the locations identified on Table A at the end of this Chapter. 5.a Packet Pg. 37 At t a c h m e n t : O r d i n a n c e C h a p t e r 4 . 1 0 4 C i r c u l a t i o n I m p r o v e m e n t F e e P r o g r a m v 2 _ 2 . 4 . 2 0 1 6 ( 1 8 6 2 : S e c o n d R e a d i n g - C i r c u l a t i o n I m p r o v e m e n t F e e Page 6 Section 4.104.070 - Use of arterial improvement fees. A special arterial improvement fee account is established and all fees collected shall be deposited therein. Arterial Improvement Fees Single Family Dwelling Unit and Multiple Family Dwelling Unit (per unit) 1 Detached dwelling unit $4,063.36 2 Attached dwelling unit 2,479.85 Retail 1 Retail (TSF-GLA) (per thousand square feet of gross leasable area) 9,112.69 Industrial/warehouse 1 Industrial/warehouse (TSF-GFA) (per thousand square feet of gross floor area) 2,974.96 Office 1 Office (TSF-GLA) (per thousand square feet of gross leasable area) 4,707.86 All revenues raised by the imposition of this fee shall be applied to the design and construction of circulation improvements in conformance with the City's General Plan at the locations identified on Table B at the end of this Chapter. Section 4.104.080 Operational improvement fees. A special operational improvement fee account is established and all fees collected shall be deposited therein. Operational Improvement Fees Single Family Dwelling Unit and Multiple Family Dwelling Unit (per unit) 1 Detached dwelling unit $174.03 2 Attached dwelling unit 106.21 5.a Packet Pg. 38 At t a c h m e n t : O r d i n a n c e C h a p t e r 4 . 1 0 4 C i r c u l a t i o n I m p r o v e m e n t F e e P r o g r a m v 2 _ 2 . 4 . 2 0 1 6 ( 1 8 6 2 : S e c o n d R e a d i n g - C i r c u l a t i o n I m p r o v e m e n t F e e Page 7 Retail 1 Retail (TSF-GLA) (per thousand square feet of gross leasable area) 390.30 Industrial/warehouse 1 Industrial/warehouse (TSF-GFA) (per thousand square feet of gross floor area) 127.42 Office 1 Office (TSF-GLA) (per thousand square feet of gross leasable area) 201.64 All revenues raised by the imposition of this fee shall be applied to the design and construction of operational improvements in conformance with the City's General Plan at the locations identified on Table C at the end of this Chapter. Section 4.104.090 - Capital improvement program. Within one hundred eighty days of enactment of the ordinance codified in this chapter,* the city shall adopt a five year capital improvement program that prioritizes the improvements to be funded by these fees. The city shall endeavor to review and update the capital improvement program annually. Section 4.104.100 - Fee waivers or fee reduction. The city council retains the right to waive or reduce fees for any new development. Fee waivers are strongly discouraged. In order to waive fees, the city council shall make a finding that the waiver or reduction is in the short and long term economic interest of the city. Section 4.104.110 - Fee adjustments. From time to time the city shall review the fee schedules and make adjustments, as appropriate, in consideration of changes in construction and right-of-way costs. 5.a Packet Pg. 39 At t a c h m e n t : O r d i n a n c e C h a p t e r 4 . 1 0 4 C i r c u l a t i o n I m p r o v e m e n t F e e P r o g r a m v 2 _ 2 . 4 . 2 0 1 6 ( 1 8 6 2 : S e c o n d R e a d i n g - C i r c u l a t i o n I m p r o v e m e n t F e e Page 8 Table A Traffic Signal Program Cost Estimates City Responsibility Cost Status 1 Barton @ Grand Terrace 1.00 $250,000 Future 2 Barton @ Palm 1.00 $250,000 Future 3 Barton @ Honey Hill 1.00 0 Complete 4 Michigan @ Commerce Way 1.00 $250,000 Future 5 Mt. Vernon @ Canal 1.00 $250,000 Future 6 Mt. Vernon @ Van Buren 1.00 $250,000 Future 7 Mt. Vernon @ Pico 1.00 $250,000 Future 8 Main @ Mt Vernon 0.50 $125,000 Future 9 Main @ Michigan 0.50 0 Complete Sub-total $1,625,000 "25% Design & contingencies $406,250 Grand total $2,031,250 Local growth comp. adjustment: 0.4 $812,500 5.a Packet Pg. 40 At t a c h m e n t : O r d i n a n c e C h a p t e r 4 . 1 0 4 C i r c u l a t i o n I m p r o v e m e n t F e e P r o g r a m v 2 _ 2 . 4 . 2 0 1 6 ( 1 8 6 2 : S e c o n d R e a d i n g - C i r c u l a t i o n I m p r o v e m e n t F e e Page 9 Table B: Grand Terrace Measure I Major Arterial Improvement Program - 2015 Project Limits Length Improvement 2015 Cost Estimate (x 1000) From To Local share 1 Widen Barton Rd. I 215 Overcrossing 435 ft. + 2 lanes $6,353 0.40 $2,541 2 Widen Barton Rd. Honey Hill Dr. N. E. City limt 1800 ft. + 2 lanes $2,956 0.40 $1,182 3 Widen Barton Rd. SFRR I 215 N. B.on/off ramp 1100 ft. + 2 lanes $1,834 0.40 $734 4 Extend Commerce Wy Michigan St. Barton Rd. 600 ft. + 4 lanes $2,306 0.40 $922 5 Extend Commerce Wy 900 ft. n/o DeBerry Rd. Main St. 3500 ft. + 4 lanes $13,452 0.40 $5,381 6 Widen Main St. w/b SFRR SPRR 100 ft. + 1 lane $73 0.40 $29 7 Widen Michigan St. Commerce Wy. Van Buren 4750 ft. + 2 lanes $4,890 0.40 $1,956 8 Widen Mt. Vernon Av. Canal St. N. City limit 1700 ft. + 2 lanes $2,739 0.40 $1,096 Total $34,603 $13,841 5.a Packet Pg. 41 At t a c h m e n t : O r d i n a n c e C h a p t e r 4 . 1 0 4 C i r c u l a t i o n I m p r o v e m e n t F e e P r o g r a m v 2 _ 2 . 4 . 2 0 1 6 ( 1 8 6 2 : S e c o n d Page 10 Table C: 2015 Operational Improvement Program Location Est. Cost: Local growth component: Cost chargeable: Barton Rd. Vivienda to Mt. Vernon $504,067 0.40 $201,627 Mt. Vernon @ Pico $776,686 0.40 $310,674 Barton Rd. @ Mt. Vernon $201,300 0.40 $80,520 $1,482,053 $592,821 SECTION 3. ENVIRONMENTAL DETERMINATION. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment. SECTION 4. INCONSISTENCIES. Any provision of the Grand Terrace Municipal Code or appendices thereto that are inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. SECTION 5. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION 6. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in a newspaper of general circulation within the City of Grand Terrace, pursuant to all legal requirements. This ordinance shall become effective thirty (30) days from and after its adoption. 5.a Packet Pg. 42 At t a c h m e n t : O r d i n a n c e C h a p t e r 4 . 1 0 4 C i r c u l a t i o n I m p r o v e m e n t F e e P r o g r a m v 2 _ 2 . 4 . 2 0 1 6 ( 1 8 6 2 : S e c o n d R e a d i n g - C i r c u l a t i o n I m p r o v e m e n t F e e Page 11 ATTEST: ____________________________ ______________________________ Pat Jacquez-Nares Darcy McNaboe City Clerk Mayor Approved as to form: ____________________________ Richard L. Adams, II City Attorney 5.a Packet Pg. 43 At t a c h m e n t : O r d i n a n c e C h a p t e r 4 . 1 0 4 C i r c u l a t i o n I m p r o v e m e n t F e e P r o g r a m v 2 _ 2 . 4 . 2 0 1 6 ( 1 8 6 2 : S e c o n d R e a d i n g - C i r c u l a t i o n I m p r o v e m e n t F e e Page 12 I, _____________, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 12th day of January, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________ Pat Jacquez-Nares City Clerk 5.a Packet Pg. 44 At t a c h m e n t : O r d i n a n c e C h a p t e r 4 . 1 0 4 C i r c u l a t i o n I m p r o v e m e n t F e e P r o g r a m v 2 _ 2 . 4 . 2 0 1 6 ( 1 8 6 2 : S e c o n d R e a d i n g - C i r c u l a t i o n I m p r o v e m e n t F e e AGENDA REPORT MEETING DATE: February 23, 2016 Council Item TITLE: City Hall Access Barrier Removal PRESENTED BY: Sandra Molina, Community Development Director RECOMMENDATION: Award Contractor Agreement to Barr Door Inc., in the amount of $ 12,707.45, for ADA access upgrades to the south entrance doors of City Hall. 2030 VISION STATEMENT: This staff report supports 2030 Vision Goal #2 to maintain public safety by investing in critical improvements to infrastructure. BACKGROUND: In January 2010, the City applied for a Community Development Block Grant (CDBG) to remove architectural access barriers located at City Hall to comply with current disabled access requirements consisting of parking lot, service counter and door improvements. On June 30, 2010 the Department of Community Development and Housing notified the City that an allocation of $43,496.00, was awarded for the proposed access barrier removal project. The City applied in 2011-2012 for additional CDBG funds and was awarded $9,596.00, bringing the total grant funds awarded to $53,092.00. On April 10, 2012, City Council approved the award of a contract to Roquet Paving to complete the first part of the access barrier removal project. Improvements included upgrading the disabled parking stalls located on the south side of City Hall and upgrading the associated sidewalks near the disabled parking. The walkway leading to the south entrance from the parking lot was reconstructed with steps and a metal rail eliminating a hazardous slope condition. The second part of the access barrier removal project, construction of a low disabled access public counter between the Community Development Department and the Finance Department, was completed in May of 2015. The part of the project approved for CDBG funding that remains to be completed is making the south entry doors of City Hall ADA compliant with push button entry devices located inside and outside of the building to automate the doors. The progress that has been made with the help of CDBG funding shows the City’s efforts to comply with ADA requirements. Although other improvements are needed to make City Hall completely ADA compliant, the projects from the CDBG funding show that the City is making a good faith effort. DISCUSSION: On May 18, 2015, a Request for Proposals for ADA Door Installation Services was 6 Packet Pg. 45 advertised on the City website and issued to 6 door repair companies. No proposals were received by the deadline of June 8, 2015 so a one week extension was granted. When no proposals were received after the extension, San Bernadino County Economic Development Agency, which manages the CDBG program, gave the City permission to contact a contractor directly and request a bid proposal. As long as the bid proposal received was reasonable and customary and within the engineer’s cost estimate, the City could award a contract to a vendor. City Staff contacted Barr Door, Inc. by recommendation of the City’s Consultant Building Official. Barr Door, Inc. has performed work on other projects in the City of Grand Terrace and has completed those projects on time and on budget. After a walk-through of the site with the Consultant Building Official and City Staff, Barr Door provided a bid proposal on August 24, 2015 that met all of the requirements of the Scope of Work. The original Engineer’s Estimate was $10,000.00 for the project, but due to some additional retrofitting work needed on the City’s interior access doors, the lowest bid Barr Door could provide was $12,707.45. The City submitted the bid and corresponding documentation to the County in October of 2015 to receive approval to proceed with awarding a contract to Barr Door, Inc. and the City received approval from the County in November (see Attachment B). The Scope of Work provides very minimal alteration to appearance of the South entrance to City Hall. The existing doors will remain. The primary visible changes will be the installation push buttons to open the doors and one guard rail that will be installed next to the inner door nearest to the Staff entry door. Staff recommends the City Council award a contractor agreement in an amount not to exceed $12,707.45 to Barr Door, Inc. for ADA Door Services. FISCAL IMPACT: Account No. 22-425-301 has been established for the CDBG funds approved for the ADA projects. This account has a balance of $10,840.00, which is the amount of grant funding received for the door project. Funds are available in the 2015-16 approved budget to cover the remaining expense of $2,167.45 to complete the project and post required signs. FY2015-16 APPROVED BUDGET LINE ITEM FUND ACCOUNT ACCOUNT TITLE AVAILABLE BUDGET Fund (22) 22-425-301 ADA Access Projects $10,840.00 Fund (23) 23-200-86-00 Disability Access and Education $940.97 Fund (10) 195-246-000 Maintenance and Operation of Equipment $1,226.48 TOTAL AVAILABLE FY2015-16 $13,007.45 6 Packet Pg. 46 APPROVALS: Sandra Molina Completed 02/16/2016 4:13 PM City Attorney Completed 02/17/2016 4:00 PM Finance Completed 02/17/2016 5:22 PM Community Development Completed 02/17/2016 5:22 PM City Manager Completed 02/17/2016 6:07 PM City Council Pending 02/23/2016 6:00 PM 6 Packet Pg. 47 This page left intentionally blank. CONTRACTOR SERVICES AGREEMENT BARR DOOR, INC. ADA ACCESS IMPROVEMENT SERVICES entered into this 23rd Day of February, 2016 () by and between the CITY ), a public entity, and BARR DOOR, INC. a California 1.Scope of Services. City agrees to retain and does hereby retain Contractor and Contractor agrees to provide the services more particularly described in Exhibit of attached hereto and incorporated herein by reference, in conjunction with ADA Access Improvement Services 2.Term. This Agreement shall be effective on the date first written above unless otherwise provided in Exhibit Scope of Services and the Agreement shall remain in effect for or until services are completed,wh comes sooner. 3.Compensation/Payment. Contractor shall perform the Services under this Agreement for the total sum not to exceed TWELVE THOUSAND SEVEN HUNDRED AND SEVEN DOLLARS AND FORTY FIVE CENTS ($12,707.45) payable in accordance with the terms set forth in Exhibit Payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 4 hereof. 4.Notices. Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows: To City To Contractor City of Grand Terrace Barr Door, Inc. Attn: Adreane Freeman Attn: Charles Pope 22795 Barton Road 3333 Durahart Street Grand Terrace, CA 92313 Riverside, CA 92507 6.a Packet Pg. 48 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 5.Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented the City Council of the City of Grand Terrace. The determination is on file and open to inspection in the office of the City Clerk and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 6.Contract Administration. A designee of the City will be appointed to administer this Agreement on behalf of City and shall be referred to herein as Contract Administrator. 7.Standard of Performance. While performing the Services, Contractor shall exercise the reasonable Contractor care and skill customarily exercised by reputable members of profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its Contractor skill and expertise. 8.Personnel. Contractor shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Contractor recognizes that the qualifications and experience of the personnel to be used are vital to Contractor and timely completion of the Services. The key personnel listed in Exhibit attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to City approval. 9.Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in writing satisfactory to the parties. Contractor shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12.Contractor acknowledges that any transfer of rights may require City Manager and/or City Council approval. 10.Independent Contractor. In the performance of this Agreement, Contractor, and Contractor's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City or the City of Grand Terrace. Contractor acknowledges and agrees that the City or the City has no obligation to pay or withhold state or federal taxes or to provide 6.a Packet Pg. 49 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) compensation or unemployment insurance to Contractor, or to employees, subcontractors and agents. Contractor, as an independent contractor, shall be responsible for any and all taxes that apply to Contractor as an employer. 11.Indemnification. 11.1 Indemnity. Except as to the sole negligence or willful misconduct of the City, Contractor shall defend, indemnify and hold the City, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including fees, which arises out of or is in any way connected with the performance of work under this Agreement by Contractor or any of the Contractor's employees, agents or subcontractors and from all claims by Contractor's employees, subcontractors and agents for compensation for services rendered to Contractor in the performance of this Agreement, notwithstanding that the City may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor or of Contractor's employees, subcontractors or agents. 11.2 Fees. The parties expressly agree that any payment, fees, costs or expense that the City incurs or makes to or on behalf of an injured employee under the self-administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement. 12.Insurance. 12.1 General Provisions. Prior to the execution of this Agreement, Contractor shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law. 12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Contractor's indemnification obligations under Section 11 hereof. 12.1.2 Ratings. Any insurance policy or coverage provided by Contractor or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy rating of A- or higher and a Financial Class of VII or higher. 6.a Packet Pg. 50 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid. 12.1.4 Adequacy. The City and the City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage as Contractor deems adequate, at Contractor's sole expense. 12.2 Compensation Insurance: By executing this Agreement, Contractor certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for compensation, or to undertake self-insurance before commencing any of the work. Contractor shall carry the insurance or provide for self-insurance required by California law to protect said Contractor from claims under the Compensation Act. Prior to City's execution of this Agreement, Contractor shall file with City either (1) a certificate of insurance showing that such insurance is in effect, or that Contractor is self-insured for such coverage, or (2) a certified statement that Contractor has no employees, and acknowledging that if Contractor does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days prior written notice before modification or cancellation thereof. 12.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of this Agreement, Contractor shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Contractor against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Contractor. The City and the City, and its officers, employees and agents, shall be named as additional insureds under the insurance policies. 12.3.1 commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000. 6.a Packet Pg. 51 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 12.3.2 automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000. All of automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with performance of this Agreement, which vehicles shall include, but are not limited to, Contractor owned vehicles, Contractor leased vehicles, employee vehicles, non-Contractor owned vehicles and hired vehicles. 12.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions: It is agreed that the City of Grand Terrace and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Grand Terrace and the Redevelopment Agency for the City of Grand Terrace. 12.Insurance. Contractor shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss that may be caused by the scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon request, Contractor shall provide City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 13.Business Tax. Contractor understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace, and Contractor agrees that Contractor will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement. 14.Time of Essence. Time is of the essence for each and every provision of this Agreement. 6.a Packet Pg. 52 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 15.City's Right to Employ Other Contractors. City reserves the right to employ other Contractors in connection with the Services. 16.Accounting Records. Contractor shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 1 .Ownership of Documents. All reports, maps, drawings and other contract deliverables prepared under this Agreement by Contractor shall be and remain the property of City upon City's compensation to Contractor for its services as herein provided. Contractor shall not release to others information furnished by City without prior express written approval of City. 1 .Conflict of Interest. Contractor, for itself and on behalf of the individuals listed in Exhibit represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Services affected by the above- described Services. Contractor further warrants that neither Contractor, nor the individuals listed in Exhibit have any real property, business interests or income interests that will be affected by this Service or, alternatively, that Contractor will file with the City an affidavit disclosing any such interest. .Solicitation. Contractor warrants that Contractor has not employed or retained any person or City to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay Contractor only for the value of work Contractor has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Contractor the full amount of such commission, percentage, and brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 6.a Packet Pg. 53 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 2 .General Compliance with Laws. Contractor shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of services by Contractor pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 2 .Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Contractor and City. 2 .Termination. City, by notifying Contractor in writing, shall have the right to terminate any or all of services and work covered by this Agreement at any time. In the event of such termination, Contractor may submit Contractor's final written statement of the amount of Contractor's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the rights under Sections 15 and 24 hereof. In ascertaining the work actually rendered through the termination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City. 2 .1 Other than as stated below, either party shall give thirty (30) days written notice prior to termination. 2 .2 City may terminate this Agreement upon fifteen (15) days written notice to Contractor, in the event: 2 .2.1 Contractor substantially fails to perform or materially breaches the Agreement; or 2 .2.2 City decides to abandon or postpone the Services. 2 .Offsets. Contractor acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Contractor owes or may owe to the City, City reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to Contractor. Notice of such withholding and offset shall promptly be given to Contractor by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the City and/or the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 6.a Packet Pg. 54 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 2 .Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Contractor and its permitted successors and assigns, and shall not be assigned by Contractor, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement. 2 .Venue and Attorneys' Fees. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 2 .Nondiscrimination. During performance of this Agreement, Contractor shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Contractor agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 2 .Severability.Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. .Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof. .Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter 6.a Packet Pg. 55 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. 3 .Interpretation. City and Contractor acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 3 .1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. References to section numbers are to sections in the Agreement unless expressly stated otherwise. 3 .2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 3 .3 In the event of a conflict between the body of this Agreement and Exhibit Scope of hereto, the terms contained in Exhibit shall be controlling. 3 .Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference: 6.a Packet Pg. 56 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) IN WITNESS WHEREOF City and Contractor have caused this Agreement to be duly executed the day and year first above written. THE CITY OF GRAND TERRACE, A public body By:_ G. Harold Duffey, City Manager Attest:_ Pat Jacquez-Nares, City Clerk APPROVED AS TO FORM: By:_ Richard Adams, II. City Attorney BARR DOOR, INC By:_ [Printed Name] [Title] 6.a Packet Pg. 57 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) EXHIBIT SCOPE OF WORK The Contractor shall have experience with installing, maintaining and replacing doors, ADA doors and complementary hardware consistent with all relevant electrical, environmental and safety standards and all applicable local, state and federal ordinances. The Contractor shall retrofit two sets of existing wooden doors at Civic Center south entrance and install ADA push button automatic door openers to remove ADA access barriers to the Civic Center. The location for the new ADA Hardware Installation is as follows: Civic Center (South entrance) 22795 Barton Road, Grand Terrace, CA 92313 All services shall be performed in accordance with the Contractor Agreement and Attachment D - Construction Contract Labor Compliance Provisions.Under this Agreement and Provision(s), the selected Contractor will provide, but not be limited, to the following scope of services: Initial Site Assessment for Civic Center (south entrance) ADA access barriers Remove existing door closers on (south entrance) doors to City Hall. Install two (2) Record handicap operators, two (2) IngressR push plates 4, and Install one set of guide rails by one interior door Install two (2) full surface continuous hinges for interior pair of doors Retrofit and relocate panic device (alert switch) to exterior column next to push plate Remove existing closer on library door in Civic Center foyer and install one (1) surface mounted closer with ADA specifications for five pound opening force Check all doors for safe and proper operation All equipment shall carry a minimum of one-year warranty on parts and hardware installed by Contractor. One-year warranty period shall not begin until the entire ADA access system is installed at the location specified, inspected and accepted by the Director of Community Development or her designee No additional labor costs shall be imposed on the City in order to correct defects within the one-year period warranty period. Any costs incurred beyond warranty period will be detailed in the aforementioned Maintenance Agreement. Contractor will provide training to designated personnel related to the implementation and full utilization of the ADA access system. 6.a Packet Pg. 58 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 3333 Durahart St. Riverside, CA 92507-3460 CA License #785890 (909) 825-8910 - (909) 503-1664 (fax) Barr Door, Inc. Account ID: Date: 79 Estimate - 8629 08/20/2015 Sales Rep:Charles Pope Bill to: Service at:City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313 City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313 Description Quantity Quoted Labor two man job install 18.00 Per my job walk Barr Door, Inc. propses to remove existing door closers on active doord then furnish and install (2) two Record handicap operators (2) two IngressR push plates (2) 4'' square push plates (1) one set of guide rails, (2) two full surface continuas hinges for interior pair of doors, (1) one retrofit panic device and all mounting hardware then check door for safe and proper opeaiton then relocate access bell to pillar on other side of walkway, then change library door closer to handicap rated closer then check for proper function. ***PLEASE ALLOW 3-5 WEEKS*** S&H 1.00 Quoted Material Record single handicap operator 2.00 ingress R 2.00 guard rail 2.00 PIP 1.00 electric retrofit 1.00 44CI-AL Surface Closer (LCN match/ AL)1.00 Wireless push plate 1.00 electrical 1.00 Subtotal: Estimated Sales Tax: Quote Total: $12,707.45 $12,707.45 $0.00 THIS QUOTE IS VALID FOR THIRTY (30) DAYS and THANK YOU FOR ALLOWING US THE OPPORTUNITY TO QUOTE THIS PROJECT...We look forward to being of Service. Note: This price includes the take down and haul away of old material, if applicable.only. Note: All phone quotes are subject to a field inspection upon acceptance. All electric power supply work to be done by others, all prices exclude opening plans, cutting and preparation, filing of permits, plans, bonds, insurance levels in excess of our company's existing levels, finish painting, asbestos abatement, concealed conditions and all work in addition to that stated above. If applicable we will remount the alarm contact on the new door. We cannot be responsible for adjustments of repairs to the alarm system that may arise from this work. Customer Signature Barr Door Rep Signature 6.a Packet Pg. 59 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) SCHEDULE OF COMPENSATION I.AMOUNT OF COMPENSATION. For performing and completing all services pursuant to Exhibit "A" Scope of Services, is a total amount not to exceed $12,707.45 (Twelve Thousand Seven Hundred and Seven Dollars and Forty Five Cents) plus reimbursable expenses which will be charged at cost. II.BILLING. At the end of each calendar month in which services are performed or expenses are incurred under this Agreement, Consultant shall submit an invoice to the City at the following address: City of Grand Terrace 22795 Barton Road Grand Terrace, Ca 92313 The invoice submitted pursuant to this paragraph shall show the: 1)Purchase order number; 2)Project name/description; 3)Name and hours worked by each person who performed services during the billing period; 4)The title/classification under which they were billed; 5)The hourly rate of pay; 6)Actual out-of-pocket expenses incurred in the performance of services; and, 7)Other such information as the City may reasonably require. III.METHOD OF PAYMENT. Payment to Consultant for the compensation specified in Section I, above,shall be made after the Executive Director or designee determines that the billing submitted pursuant to Section II, above, accurately reflects work satisfactorily performed. City shall pay Consultant within thirty (30) days there from. 6.a Packet Pg. 60 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) KEY PERSONNEL Franklin Boutelle An automotive service, installation technician with over four (4) years of experience of service and installation of automatic storefront doors and hardware. Austin Banks An automative service, installation technician with over six (6) years of experience of service and installation of automatic storefront doors and hardware. Charles Pope Area Manager of automatic service, installation and sales with over thirteen (13) years of service for all types of doors, docks and automatic doors. 6.a Packet Pg. 61 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) CONSTRUCTION CONTRACT LABOR COMPLIANCE PROVISIONS (Attachment D) 6.a Packet Pg. 62 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) NOTICE TO BIDDERS COUNTYWIDE VISION: The project(s) implemented with these funds assist in meeting an element of the Countywide Vision for sustainable infrastructures and housing as adopted by the County Board of Supervisors and SANBAG on June 30, 2011. FUNDING OF PROJECTS AND FEDERAL AND STATE REQUIREMENTS Bidders are advised that federal funds are being used for this project and that as a result, certain requirements are to be imposed, depending upon the source of the federal funds. Sources may include:Community Development Block Grant funds (CDBG), Neighborhood Stabilization Program funds (NSP) or HOME Investment Partnerships Program funds (HOME). The use of any of these federal funds on a project will require the payment of federal prevailing wages under the Davis-Bacon and Related Acts (“DBRA”) (40 USC §3142, 40 USC §§ 276a-276a-7,29 CFR Part 5, which will be enforced when the contract amount for the Prime Contract exceeds $2,000. The Prime Contractor is responsible for ensuring all Subcontractor(s) and lower-tier Subcontractor(s) compliance with the DBRA. The Federal Labor Standards Provisions (HUD 4010) apply to this project and are attached. For HOME and NSP funded projects, the Prime Contractor, all Subcontractors and all lower-tier Subcontractors are required to pay their laborers and mechanics employed under the contract, a wage not less than the locally prevailing wages (including fringe benefits) listed in a David Bacon wage determination for a classification, as specified in the Federal Wage Determination. If other funding is used on a project, California state prevailing wages (as specified in the State Wage Determination) may be triggered. If that occurs, then the higher of the two applicable wage classifications (federal or state) will be enforced for all work under the contract. For CDBG-funded projects, the Prime Contractor, all Subcontractors and all lower-tier Subcontractors are required to pay their laborers and mechanics providing work under the contract, a wage not less than the locally prevailing wages (including fringe benefits), as specified in both the Federal and State Wage Determinations for the project. The higher of the two applicable wage classifications, either the Federal Prevailing Wage or, State Prevailing Wage will be enforced for all work under this Contract. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity - The bidder's attention is called to the "Equal Opportunity Clause” and "Standard Federal Equal Employment Specifications" contained in the bid package. Goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, is 19% for minorities and 6.9% for women. 6.a Packet Pg. 63 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) TABLE OF CONTENTS CONSTRUCTION CONTRACT PROVISIONS -DEFINITIONS..............................................................1 LABOR COMPLIANCE REQUIREMENTS .............................................................................................2 REQUIRED DOCUMENTS.....................................................................................................................4 FEDERAL LABOR STANDARDS PROVISIONS ....................................................................................5 SECTION 3 CLAUSE .............................................................................................................................9 AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND NON- CONSTRUCTION CONTRACTORS ....................................................................................................10 EQUAL OPPORTUNITY CLAUSES .....................................................................................................14 CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS ..................................................22 DAVIS-BACON WAGE DETERMINATION...........................................................................................23 SAMPLE DOCUMENTS .......................................................................................................................24 6.a Packet Pg. 64 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) CONSTRUCTION CONTRACT PROVISIONS -DEFINITIONS The following are definitions of state and federal provisions/documents for federally-assisted projects. Please refer to the “Required Documents Checklist” for any documents to be completed and submitted for this project. Affirmative Action Compliance Guidelines for Construction or Non-Construction Contractors –Generally, affirmative action requirements apply to contracts and subcontracts in excess of $10,000. This document provides guidelines to help Contractors meet affirmative action and equal employment opportunity requirements set forth in federal regulations 41 CFR 60. Bid Bond A bid guarantee of at least 10% of the contract price is required from each bidder and must be submitted with the Bid. Certificate of Owner’s Attorney This certificate is to be completed by the owner’s attorney when applicable. Certification of Bidder Regarding Equal Employment Opportunity This certification is required by Federal law (41 CFR 60) and must completed by the Prime Contractor. Certification of Compliance with Air and Water Acts The prime Contractor and all Subcontractors must comply with this certification when the contract exceeds $100,000. Certification by Proposed Subcontractor Regarding Equal Employment Opportunity This certification must be completed by all Subcontractors and every lower-tier Subcontractor and submitted to the Prime Contractor. Contractor’s Certification of Compliance with Davis-Bacon and Related Acts This certification is required by federal law (29 CFR 5) and must be completed by the Prime Contractor. Equal Employment Opportunity Clauses/Equal Employment Opportunity Construction Contract Provisions These provisions are to be inserted in all applicable federally-assisted contracts and subcontracts. Federal Labor Standards Provisions (HUD 4010 form) These provisions set forth the federal labor requirements for contractors working on federally-assisted construction projects in which the prime contract exceeds $2,000. The Prime Contractor and all Subcontractors and every lower-tier subcontractor are required to pay their laborers and mechanics working onsite a wage as specified in the FEDERALLY FUNDED PROJECTS section of this provision.The Prime Contractor is responsible to include the Labor Compliance Contract Addendum in all executed Subcontractor contracts for this project. Federal Prevailing Wage Decision The Federal Wage Decision contains the federal wage rates for construction projects within the County of San Bernardino. A copy of the Wage Decision is included in the bid package and can also be found at https://www.sam.gov/portal/public/SAM/or http://www.wdol.gov/dba.aspx The wage decision that applies to the project is the one in effect ten days prior to the bid opening date. Labor and Materials Bond This payment bond guarantees that employees/Subcontractors, and suppliers are paid for services rendered and materials supplied. The Labor and Materials Bond must be at least 100% of the contract price and must be submitted to the CITY/COUNTY upon award of the contract. Performance Bond This bond guarantees the Contractor's performance under the terms of the construction contract and must be at least 100% of the contract price and submitted to the CITY/COUNTY following award of the contract. Section 3 This law applies to construction contracts exceeding $100,000 on projects funded by the U.S. Department of Housing and Urban Development (HUD). To the greatest extent feasible, Contractor(s) and Subcontractor(s) must attempt to become a Section 3 business. A Section 3 business is one owned by a low-income person, a business of which 30% of the workforce is comprised of low-income individuals, or a business that contracts 25% of its work to Section 3 businesses. Created on 3/11/2014 Page 1 of 24 6.a Packet Pg. 65 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) LABOR COMPLIANCE REQUIREMENTS Davis-Bacon and Related Acts: The Prime Contractor is responsible for ensuring all Subcontractor(s) and lower-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. A copy of the Federal Prevailing Wage Decision, (and upon request the State Wage Decision) the date of which reflects the latest applicable modification at the time of this bid advertisement, is included in the Contract Documents and Specifications. Bidders shall be notified, via Addendum, of modifications, if any, which supersede that modification included herein, up until a minimum of ten days prior to the actual Bid Opening for this project. A weekly Certified Payroll Report (CPR)is required during the term of construction on the project. Payment(s) of invoice(s) for this project may be delayed when CPRs are not submitted weekly. The CITY/COUNTY shall make progress payments on any properly completed payment request submitted by the Prime Contractor. The payment request shall not be approved unless all CPRs for the project submitted through LCPtracker have been approved and accepted for each week worked during the time period covered by said payment request. LCPtracker: As permitted by the Department of Labor (DOL), The Department of Housing and Urban Development (HUD),and Title 8, section 16404 of the California Code of Regulations, the Prime Contractor and each Subcontractor and every lower-tier Subcontractor subject to DBRA are allowed to submit CPRs electronically via LCPtracker LCPtracker is a web-based system.. The Prime Contractor and Subcontractors and lower-tier 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 password and activate their account. Once their account is setup, LCPtracker Inc.provides two convenient training options: Option 1:Computer-Based Training Courses: Pre-recorded videos can be viewed at any time by logging into the LCPtracker website and following these simple steps: o Enter user name/password o Select the “eTraining” link located at the top of the page. 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. 2 of 24 6.a Packet Pg. 66 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) eDocuments: In order to meet labor compliance requirements, all contractors will be required to complete eDocuments which are accessed, submitted and approved through LCPtracker. All eDocuments are required to be signed by an owner/officer or authorized signer. Prior to the contractor being allowed by the system to certify CPRs, all eDocuments must be submitted to, and approved by,the County. Other Required Documentation: One of the documents that will be required to be uploaded in LCPtracker as part of the eDocuments, is a City business license or a letter stating the reasons why no business license is required. All contractors performing work on a project site located within an incorporated city must possess or obtain that city’s business license. However, if the project is located in an unincorporated area of the County, and the contractor’s business is located in an incorporated city, the contractor must possess or obtain a business license within the city where their business is located. Exception to business license requirement: A letter explaining the exception to the business license requirement will be required if the contractor’s business and the project work site are both located in the unincorporated area of the County. Electronic Submission of Certified Payrolls: Use of LCPtracker may require data entry in order to certify weekly payroll(s). Data entry includes information regarding employee identification, labor classification, total hours worked on the project, wage and benefit rates paid etc. Contractors currently using a payroll software system may be capable of interfacing with LCPtracker. Submission of electronic CPRs will be required by every lower-tier Subcontractor . The Prime Contractor and each Subcontractor and every lower-tier Subcontractor and any Vendors subject to this provision shall comply with Title 8, Section 16404 of the California Code of Regulations. 3 of 24 6.a Packet Pg. 67 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) REQUIRED DOCUMENTS REQUIRED PRIOR TO CONTRACT AWARD 1.Bid Package signed by Contractor or letter stating that the project specifications document is part of the contract 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 must be attached to contract 4.Prime Contractor Information Form 5.Bonds (performance/payment or labor and material bonds) REQUIRED PRIOR TO CONSTRUCTION 6.Contractor’s Certification of Compliance with Davis-Bacon and Related Act Requirements (Exhibit A1)* 7.Sub-Contractor’s Certification of Compliance with Davis-Bacon and Related Act Requirements (Exhibit A-1)* 8.Certification of Bidder Regarding Equal Employment Opportunity(Exhibit B)* 9.Certification by Proposed Sub-Contractor Regarding Equal Employment Opportunity (Exhibit C)* 10.Affirmative Action Compliance Form for Construction Contracts Over $10,000 (Exhibit D)* 11.A Copy of all executed Sub-Contractor contracts NOTE: The Labor Compliance Contract Addendum (LCCA) which includes the HUD Form 4010 and the prevailing 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)* 14.Fringe Benefit Statement Form (Exhibit F)* 15.Authorization for Payroll Deduction (Exhibit G)* 16.DOL Registered Apprentice Program* 17.DOL Apprenticeship Certification* 18.Apprenticeship Program Appendix A* 19.Project Wage Rate Sheet* REQUIRED DURING CONSTRUCTION 20.Weekly Certified Payrolls (see “Electronic Submission of Certified Payrolls” section) *Note:These forms are located on the LCPtracker online database discussed in “Electronic Submission of Certified Payrolls” section and will be discussed by County CDH staff at the preconstruction conference. Page 4 of 24 6.a Packet Pg. 68 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations 1.Applicability The project or program to which the construction work covered by this contract pertains is being assisted by the United States of America 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 deduction or rebate on any account (except such payroll deductions 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 particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or 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 employer's 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)(ii)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. (ii) (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), or 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.) (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 all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination 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.) (d)The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii)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 shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv)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 reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2.Withholding.HUD or its designee shall upon its own action or 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 Previous edition is obsolete Page 1 of 4 HUD-4010 (06/2009) ref. Handbook 1344.1 Page 5 of 24 6.a Packet Pg. 69 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) of the wages required by the contract, HUD or its designee may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or Subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I (b)(2)(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a)The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i)except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number. The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime Contractor is responsible for the submission of copies of payrolls by all Subcontractors.Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b)Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1)That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i)and that such information is correct and complete; (2)That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). (d)The falsification of any of the above certifications may subject the Contractor or Subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii)The Contractor or Subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the Contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4.Apprentices and Trainees (i)Apprentices.Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work Previous edition is obsolete Page 2 of 4 HUD-4010 (06/2009) ref. Handbook 1344.1 Page 6 of 24 6.a Packet Pg. 70 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) actually performed.In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or Subcontractor's registered program shall be observed.Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii)Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate, who is not registered and participating in a training plan approved by the Employment and Training Administration, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii)Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5.Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6.Subcontracts. The Contractor or Subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the Subcontractors include clauses in tier subcontracts. The prime Contractor shall be responsible for the compliance by any Subcontractor or lower tier Subcontractor with all the contract clauses in this paragraph.7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a Contractor and a Subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall 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 meaning of this clause include disputes between the Contractor (or any of its Subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i)Certification of Eligibility. By entering into this contract the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration Transactions", provides in part: "Whoever, for the purpose of influencing in any way the action of such Administration makes, utters or publishes any statement knowing the same to be false shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11.Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any Subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. Previous edition is obsolete Page 3 of 4 HUD-4010 (06/2009) ref. Handbook 1344.1 Page 7 of 24 6.a Packet Pg. 71 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) (1) Overtime requirements. No Contractor or Subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the Contractor and any Subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and Subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or Subcontractor under any such contract or any other Federal contract with the same prime contract, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.(4) Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts.The prime Contractor shall be responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91- 54, 83 Stat 96). 40 USC 3701 et seq. (3)The Contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each Subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous edition is obsolete Page 4 of 4 HUD-4010 (06/2009) ref. Handbook 1344.1 Page 8 of 24 6.a Packet Pg. 72 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 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 or 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 (referred to as Section 3 clause): 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. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the 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 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 post copies of the notice in conspicuous places available to employees and applicants for employment or training. 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 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 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 9 of 24 6.a Packet Pg. 73 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) Page 1 of 4 AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND NON-CONSTRUCTION CONTRACTORS Page 10 of 24 6.a Packet Pg. 74 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) Page 2 of 4 AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND NON-CONSTRUCTION CONTRACTORS These Affirmative Action Compliance Guidelines have been designed to provide Contractors with information necessary to comply with Federal regulations found under Title 40, Part 60 of the Code of Federal Regulations. It is the intent of these guidelines to insure that equal opportunity for employment is practiced by the Contractor without regard to race, color, sex, religion, national origin, disability, and veteran’s status. These guidelines provide the minimum information necessary to comply with EEO and affirmative action requirements, including the preparation of an Affirmative Action Plan that complies with federal regulations regarding Affirmative Action for federally-assisted projects. Contractors are urged to contact the implementing entity or the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) officer for any necessary technical assistance in meeting Affirmative Action requirements if they are considering bidding under this contract. I.AFFIRMATIVE ACTION COMPLIANCE PROGRAM A. The Affirmative Action program embodies the following principals: 1.Discrimination because of race, color, age, sex, religion, national origin, marital status, disability, or veteran’s status is inconsistent with the constitution, laws, and policies of the United States, State of California and County of San Bernardino. 2.The implementing entity is committed to insuring that there be no discrimination by vendors, Contractors (including professional services and consultants), lessors, or lessees doing business with the implementing entity. 3.Contractors and Subcontractors agree to take affirmative personnel actions to hire and promote workers who traditionally have been discriminated against in the job market, including women, minorities, members of certain ethnic and religious groups, individuals with disabilities, and veterans. B. Affirmative Action Step Requirements for CONSTRUCTION Contractors and Subcontractors: 1.Personnel affirmative action in recruitment, hiring, and promotion is required by Contractor and Subcontractors who have entered into a federally- assisted construction or non-construction contract that exceed $10,000 or $10,000 in the aggregate over a 12-month period. 2.Contractors and Subcontractors who enter into a CONSTRUCTION CONTRACT in excess of $10,000 must take 16 specific affirmative action steps to ensure equal employment opportunity. These steps are included in 41 CFR 60-4.3 (a) (7) and are also included under "Standard Federal Equal Employment Opportunity Construction Contract Specifications" of Attachment "D" of the bid package. C.Affirmative Action Plan requirements for NON- CONSTRUCTION Contractors: 1.All Contractors who have entered into a NON- CONSTRUCTION CONTRACT and who: 1) do business in the amount of $50,000 or more with the implementing entity in any one fiscal year and, 2) employ 50 or more employees, must develop a written Affirmative Action Program within 120 days after the contract award date. 2.All Subcontractors rendering services or supplies to a Contractor in the amount of $50,000 or more and employ 50 or more employees, must develop a written Affirmative Action Program within 120 days after the contract award date. D.Exemptions under 41 CFR 60: The following persons/contracts shall be exempt from this program: 1.A contract or contracts by a Contractor that do not exceed $10,000 in the aggregate over a 12-month period. 2.Contracts for Work outside the United States 3.State and Local Governments 4.Contracts with certain educational institutions 5.Work on or near Indian Reservations 6.Specific contracts and facilities found exempt by 7.Deputy Assistant Secretary 8.National security contracts Any Contractor who feels qualified for an exemption should contact the local Contract Compliance Officer or the U.S. Department of Labor's OFCCP Officer for further information. II.SATISFYING AFFIRMATIVE ACTION PLAN A. Affirmative Action Plan requirements for NON- CONSTRUCTION Contractors can be met through the following: 1.Completing a Contract Compliance Qualifying Report for Non-construction Contractors and Vendors, (refer to the form found in the "Additional Required Documents/Sample Documents" section of Attachment "D" of the bid package). 2.Completing a Contractor’s Affirmative Action Policy, including methods of recruiting minorities and women. If the Contractor does not have its own Affirmative Action Policy, it may adopt the County's model Affirmative Action Policy ((refer to the form found in the "Additional Required Documents/Sample Documents" section 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 11 of 24 6.a Packet Pg. 75 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) DEFINITIONS Unless a provision of a contract otherwise requires, certain words and phrases shall be defined as follows: A.“Affirmative Action” is a commitment to increase the number of minorities and women in the work force by setting employment goals and timetables, including action to achieve objectives. Affirmative Action seeks to ensure that discrimination is eliminated in dealings with employees or applicants for employment whether the discrimination is intentional or unintentional. In addition, Affirmative Action seeks to improve job standards and productivity through the removal of artificial and unnecessary barriers to employment and promotion and ensure that all job actions are related to job performance measures. B.“Affirmative Action Plan” is a written affirmative plan required of Contractors and Subcontractors who have 50 or more employees and have entered into a contract with the implementing entity that exceeds $50,000, or $50,000 in contracts over a 12-month period. C.“Contract” means a federally-assisted purchase order, offer and acceptance, lease, agreement or other arrangement creating an obligation to which the implementing entity is a party, which would make one of the parties within the definition a Contractor. D.“Construction” means the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways or other changes or improvements to real property, including facilities providing utility services. E.“Contractor” means a prime Contractor or Subcontractor. F."Covered Area" means the geographical area described in the solicitation from which the contract resulted; G."Director"means Director, OFCCP, U.S> Dept. of Labor, or any person to whom the Director delegates authority to; H.“Employee” means one who performs work for compensation, or a person who is permanently or regularly employed by the Contractor or Subcontractor. I."Employer Identification Number" means the Federal Social Security Number; J.“Handicapped Status” means any person who: 1.Has a physical or mental impairment, which substantially limits one or more of such person’s major life activities. 2.Has a record or such impairment or, 3.Is generally regarded as having such an impairment. K."Employer Identification Number" means the Federal Social Security Number; L.“Handicapped Status” means any person who: 1.Has a physical or mental impairment, which substantially limits one or more of such person’s major life activities. 2.Has a record or such impairment, or 3.Is generally regarded as having such an impairment. M.“Implementing Entity” means public jurisdiction who is administering the contract. N.“Minority” includes: 1.Black (all persons having origins in any Black African racial groups not of Hispanic origin); 2.Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); 3.Asian or Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands); 4.American India or Alaskan native (all persons having origins in any of the native peoples of North America and maintaining identifiable tribal affiliations through membership and participation in community identification). O.“Non-construction Contract” means any contract that does not fall within the definition of “Construction Contract”. P.“Officer” means the Contract Compliance Officer of the implementing entity or U.S. Department of Labor Office of Federal Contract Compliance Program (OFCCP) Officer. Q.“Persons” means any individual, firm, co-partnership, public service, joint venture, association, social club, fraternal organization, corporation, estate, trust receiver, syndicate CITY, county, municipal corporation, district or other political subdivision, or any other group or combination acting as a unit. R.“Underutilization” means having fewer minorities or women in a particular job classification than would reasonably be expected by their availability. S.“Vietnam-Era Veteran” means a person who: 1.Served on actual duty for a period of more than 180 days, any part of which occurred between August 5, 1964, and May 7,1975, and was discharged or released therefrom with other than a dishonorable discharge; or 2.Was discharged or released from active duty for a service-connected disability if any part of such active duty was performed between August 5, 1964, and May 7, 1975. Page 3 of 4 Page 12 of 24 6.a Packet Pg. 76 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) Page 4 of 4 T.Violation and Appeal Procedure: 1.A Contractor found in violation of equal opportunity/affirmative action laws will be referred to the U.S. Department of Labor’s 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 by filing a compliant and serving that compliant to the Contractor (defendant), in accordance with procedures 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 Law judge. 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 complaint unless the defendant is without knowledge, or 2) state that the defendant admits all the allegations contained in the complaint.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. Failure to file an answer or plead specifically to an allegation of the complaint shall constitute an admission of such allegation. 3.Contractor agrees to fully comply with the laws and programs (including regulations issued pursuant thereto) identified herein. Such compliance is required to the 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. 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 set 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). 5. Rehabilitation act of 1973, as amended (Handicapped) Pub. l 93-112 as amended. (29 USCA 701-794). 6. California Fair Employment Practice Act. Labor Code Sec. 1410 et seq. 7.Civil Rights Act of 1964, as amended (42 USCA 2000a to 2000H-6) and Executive Order No. 11246, September 24, 1965, as amended. Page 13 of 24 6.a Packet Pg. 77 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) Page 1 of 8 EQUAL OPPORTUNITY CLAUSES The Contractor and Subcontractors not found exempt under 41 CFR 60-1.5, are required to comply with the following equal opportunity clauses as a condition of being awarded a federally-assisted contract. Each nonexempt prime Contractor shall include equal employment opportunity clauses in each of its nonexempt Subcontractors. EQUAL OPPORTUNITY CLAUSE FOR FEDERALLY-ASSISTED CONSTRUCTION CONTRACTS This clause is inserted pursuant to Executive Order 11246 of September 24, 1965, as amended, and Title VII of the Civil Rights Act of 1964, and is applicable pursuant to 41 CFR Sec. 60-1.4. The following requirements apply to Contractors and Subcontractors (1)The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2)The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3)The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4)The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor. (5)The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders (6) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the provisions of paragraphs (1) through (7)in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, 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 contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United states. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; provided, that if the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and Subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and Subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance. Page 14 of 24 6.a Packet Pg. 78 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 1124 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractors and Subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee), refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurances of future compliance has been received from such applicant, and refer the case to the Department of Justice for appropriate legal proceedings. In addition to the above, Contractor will agree to furnish all information and reports, including Standard form EEO-1, if applicable, to the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor's OFCCP, as required by Executive Order No. 11246 of September 24, 1965. EQUAL OPPORTUNITY CLAUSE FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA This clause is inserted pursuant to Executive Order 11701 of January 24, 1973 and the Vietnam Era Veterans Readjustment Assistance Acts of 1972 and 1974 (P.L. 92- 540, 93-508), and is applicable pursuant to 41 CFR Sec. 60- 250. (1)The Contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam Era 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 disabled veterans and veterans of the Vietnam Era without discrimination based upon their disability or veterans status 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 that all suitable employment openings of the Contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the 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 Employment Service System wherein the opening occurs. The ConWytractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required. (3)Listings of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and non- veterans. The listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the Contractor from any requirements in Executive Orders or regulations regarding nondiscrimination in employment. (4)The reports required by paragraph (2) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the appropriate local office or, where the Contractor has more than one hiring location in a State, with the central office of that State Employment Service. Such reports shall indicate for each hiring location, (a) the number of individuals hired during the reporting period, (b) the number of non-disabled veterans of the Vietnam Era hired, (c) the number of disabled veterans of the Vietnam Era hired, and (d) the total number of disable veterans hired. The reports shall include covered veterans hired for on- the-job training under 38 USC Sec. 1787. The Contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made on this contract identifying data for each hiring location. The Contractor shall maintain at each hiring location, copies of the reports submitted until the expiration of one year after final payment under the contract, during which time these reports and related documentation shall be made available, upon request, for examination by any authorized representatives of the contracting officer or of the Secretary of Labor. Documentation would include personnel records respecting job openings, recruitment and placement. (5)Whenever the Contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these provisions and has so advised the State system, there is no need to advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bound by this contract clause. (6)This clause does not apply to the listing of employment openings, which occur and are filled outside of the 50 States, the District of Columbia, Puerto Rico, Guam and the Virgin Islands. Page 2 of 8 Page 15 of 24 6.a Packet Pg. 79 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) (7)The provisions of paragraphs (2), (3), (4) and (5) of this clause do not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer -union arrangement for that opening. (8)As used in this clause: a.“All suitable employment openings” includes, but is not limited to, openings which occur in the following job categories: production and non-production; plant and office; laborers and mechanics; supervisory and non-supervisory; technical; and executive, administrative and professional openings as are compensated on a salary basis of less than $25,000 per year. The term includes full-time employment, temporary employment of more than three days duration, and part-time employment. It does not include openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer -union hiring arrangement or openings in an educational institution which are restricted to students of that institution. Under most compelling circumstances an employment opening may not be suitable for listing, including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of listing would otherwise not be for the best interest of the Government. b.“Appropriate office of the State Employment Service System” means the local office of the federal -state national system of public employment offices with assigned responsibility for serving the area where the employment opening is to be filled, including the District of Colombia, Guam, Puerto Rico and the Virgin Islands. c.“Openings which the Contractor proposes to fill from within his own organization” means employment openings for which no consideration will be given to persons outside the Contractor’s organization (including any affiliates, subsidiaries and the parent companies) and includes any openings which the Contractor proposes to fill from regularly established “recall” lists. d.“Openings which the Contractor proposes to fill pursuant to a customary and traditional employer -union hiring arrangement” means employment openings which the Contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. (9)The Contractor agrees to comply with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act. (10)In the event of the Contractor’s noncompliance 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. (11)The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor’s obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era for employment, and the rights of applicants and employees. (12)The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of the Vietnam Era Veterans’ Readjustment Assistance Act, and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era. (13)The Contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations or orders of the Secretary issued pursuant to 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. (14)Collective bargaining agreement or other contract understanding that the Contractor is bound by the terms of the Vietnam Era Veterans’ Readjustment Assistance Act, and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era. (15)The Contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations or orders of the Secretary issued pursuant to 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 3 of 8 Page 16 of 24 6.a Packet Pg. 80 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 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. (1)The Contractor will not discriminate against any employee or 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 Contractor’s 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. (4)The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. (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 with 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 is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. (7)The Contractor will include the provisions 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 4 of 8 Page 17 of 24 6.a Packet Pg. 81 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT PROVISIONS (EXECUTIVE ORDER 11246, PURSUANT TO 41 CFR 60-4.3 (a) 1.As used in these specifications: a.“Covered area” means the geographical area described in the solicitation from which this contract resulted; b.“Director” means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c.“Employer identification number” means the Federal Social Security number used on the Employer’s Quarter Federal Tax Return. U.S. Treasury Department form 941. d.“Minority” includes: (i)Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii)Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii)Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv)American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2.Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3.If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with the plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor’s or Subcontractor’s failure to take good faith efforts to achieve Plan goals and timetables. 4.The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which the contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonable the able to achieve in each construction trade in which it has employees in the covered area. Covered construction Contractors performing construction work in geographical areas where they do not have a federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the FEDERAL REGISTER in notice form, and such notices may be obtained from any Office of Federal Contract Compliance programs Office or from federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5.Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6.In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period and the Contractor must have made commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7.The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and Page 5 of 8 Page 18 of 24 6.a Packet Pg. 82 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) shall implement affirmative action steps at least as extensive as the follow 16 steps: a.Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s 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. b.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. c.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 whatever additional actions the Contractor may have taken. d.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 Contractor’s efforts to meet its obligations. e.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 to the sources compiled under 7b above. f.Disseminate the Contractor’s 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. g.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. h.Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i.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 female recruitment and training organizations serving the Contractor’s recruitment source, the Contractor shall send written Page 6 of 8 Page 19 of 24 6.a Packet Pg. 83 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j.Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor’s work force. k.Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. l.Conduct, at least annually, an inventory and evaluation at least of all minor8ty and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m.Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out. n.Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o.Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction Contractors and suppliers, including circulation of solicitations to minority and female Contractor associations and other business associations. p.Conduct a review, at least annually, of all supervisors; adherence to and performance under the Contractor’s EEO policies and affirmative action obligations. 8.Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a –p).The efforts of a Contractor association, joint Contractor-union, Contractor- community or other similar group of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation,which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance. 9.A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the executive order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10.The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11.The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12.The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13.The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum Page 7 of 8 Page 20 of 24 6.a Packet Pg. 84 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the director shall proceed in accordance with 41 CRF 60-4.6. 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. Page 8 of 8 Page 21 of 24 6.a Packet Pg. 85 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000) During the performance of this Contract, the Contractor and all Subcontractors shall comply with the requirements of the Clean Air act, as amended, 42 U.S.C. 1857 et.seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the forgoing requirements, all nonexempt Contractors and Subcontractors shall furnish to the owner, the following: (1)A stipulation by the Contractor or Subcontractors, that any facility to be utilized in the performance of any nonexempt Contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2)Agreement by the Contractor to comply with all requirements of Section 114 of the Clean Air Act, as amended, (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1318) relating to inspection, monitoring entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3)A stipulation that as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating Facilities. (4)Agreement by the Contractor to include, or cause to be included, the criteria and requirements in paragraph (1) through (3) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. Page 22 of 24 6.a Packet Pg. 86 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) - Insert - DAVIS-BACON WAGE DETERMINATION Page 23 of 24 6.a Packet Pg. 87 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 88 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 89 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 90 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 91 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 92 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 93 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 94 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 95 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 96 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 97 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 98 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 99 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 100 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 101 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 102 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 103 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 104 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 105 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 106 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 107 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 108 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 109 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 110 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 111 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) SAMPLE DOCUMENTS (Including Exhibits A through G) Page 24 of 24 6.a Packet Pg. 112 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 113 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 114 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.a Packet Pg. 115 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) Created on 8/24/2012 CERTIFICATE OF UNDERSTANDING AND AUTHORIZATION FORM PRIME CONTRACTOR SUBCONTRACTOR **Complete If Owner/Officer Is NOT Signing Statement of Compliance ** PROJECT NAME:PROJECT CODE: COMPANY –CONTRACTOR NAME: The undersigned certifies that the company principal(s),and the authorized payroll officer have read the most current “DAVIS BACON LABOR STANDARDS”(A Contractor?s Guide to Prevailing Wage Requirements for Federally Assisted Construction Projects)and understand the labor standards clauses pertaining to this project including the pre construction conference discussions and all related documents required for this project by the implementing agency in the pre construction checklist package. THE FOLLOWING PERSON(S)IS DESIGNATED AS THE PAYROLL OFFICER FOR THE UNDERSIGNED COMPANY – CONTRACTOR AND IS AUTHORIZED TO SIGN THE STATEMENT OF COMPLIANCE WHICH WILL ACCOMPANY EACH WEEKLY CERTIFIED PAYROLL REPORT FOR THIS PROJECT. ____________________________________________________________________________________ PAYROLL AGENT (PRINT NAME)PAYROLL AGENT (SIGNATURE) ____________________________________________________________________________________ OWNER/OFFICER (PRINTNAME)OWNER/OFFICER (SIGNATURE) ____________________________________________________________________________________ TITLE (PARTNER/CORPORATE OFFICEROROWNER)DATE ***A PAYROLL OFFICER MAY SELF CERTIFY AUTHORIZATION TO SIGN PAYROLL REPORTS ONLY IF A SOLE PROPRIETOR.ALL OTHERS MUST HAVE AUTHORIZATION FROM A SECOND CORPORATE OFFICER /PARTNER OR OWNER.*** EXHIBIT:E 6.a Packet Pg. 116 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) Page 1 of 2 Created on 8/24/2012 FRINGE BENEFIT STATEMENT FORM PRIME CONTRACTOR SUBCONTRACTOR PROJECT NAME:PROJECT CODE: COMPANY –CONTRACTOR NAME: Use this form to identifythosebona fideFringe Benefit Plan(s)inwhich your employeesare participating.List all third party plans,fundsor trustees to which your firm makes fringe benefit payments in the interest of your employees.Provide an hourly equivalent of each fringe type (in dollars)below.Payrolls will be monitored to ensure the properFringe Benefit rates are being paid.Additional documentation may be required. CLASSIFICATION:EFFECTIVE DATE:SUBSISTENCE OR TRAVEL PAY $: FRINGEBENEFIT HOURLY AMOUNT:NAME,ADDRESS AND CONTACTINFORMATION OF PLAN,FUNDOR PROGRAM NAME: ADDRESS: VACATION/HOLIDAY$: CONTACT INFORMATION: NAME: ADDRESS: HEALTH &WELFARE$: CONTACT INFORMATION: NAME: ADDRESS: PENSION $: CONTACT INFORMATION: NAME: ADDRESS: APPRENTICE/TRAINING $: CONTACT INFORMATION: NAME: ADDRESS: OTHER $: CONTACT INFORMATION: CLASSIFICATION:EFFECTIVE DATE:SUBSISTENCE OR TRAVEL PAY $: FRINGEBENEFIT HOURLY AMOUNT:NAME,ADDRESS AND CONTACTINFORMATION OF PLAN,FUNDOR PROGRAM NAME: ADDRESS: VACATION/HOLIDAY$: CONTACT INFORMATION: NAME: ADDRESS: HEALTH &WELFARE$: CONTACT INFORMATION: NAME: ADDRESS: PENSION $: CONTACT INFORMATION: NAME: ADDRESS: APPRENTICE/TRAINING $: CONTACT INFORMATION: NAME: ADDRESS: OTHER $: CONTACT INFORMATION: I certify under penalty of perjury that fringe benefits are paid to the approved plans,funds or programs as listed above: ______________ CONTRACTOR (PRINTNAME)TITLE CONTRACTOR SIGNATURE DATE EXHIBIT:F 6.a Packet Pg. 117 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) Page 2 of 2 Created on 8/24/2012 FRINGE BENEFIT FORM INSTRUCTIONS Supplemental statements MUST be submitted during the progress of work should a change in rate of any of the classifications be made. NOTE:To receive credit for employer paid benefit contributions,plans must be bona fide and contributions must be documented. On the Fringe Benefit Statement,indicate the name,address and phone number of the administrator of the Plan,Fund or Program. VACATION PLAN/PAID HOLIDAY DOCUMENTATION:Please submit copies of your company?s policy 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 WELFARE DOCUMENTATION:For your Health &Welfare Plan,please submit copies of the plan documentation indicating monthly or quarterly billings for the covered benefits (and delineating all benefits per worker),as well as statements and copies of checks transmitted by your company to the trust fund or plan for these benefits. PENSION PLAN DOCUMENTATION:Please submit copies of the plan documentation from the Plan Administrator including the plan summary,account balances,monthly or quarterly transmittals into the 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) 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 addedto 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 Number of Days)divided by 2080 Annual Hours. Example:At $20/Hr,with 80 vacation hours a year,the hourly rate would calculate as follows: $20 X 80 Hrs =$1,600 divided by 2,080 hours per year =$.77 Fringe Benefit Hourly Amount:$.77 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 6.a Packet Pg. 118 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) Created on 8/23/2012 AUTHORIZATION FOR PAYROLL DEDUCTION(S) PRIME CONTRACTOR SUBCONTRACTOR PROJECT NAME:PROJECT CODE: COMPANY –CONTRACTOR NAME: EMPLOYEE NAME:EMPLOYEE #: MUST be completed and signed by the employee who has "OTHER/GARNISH"deduction(s)subtracted from his/her payroll.Deduction types include:Alimony,Child Support,other Court Ordered Deductions or Garnishments, Uniforms,401K,Loans,Advance Paybacks,or Insurance,etc.This form is to be submitted before the first Certified Payroll reflecting the deduction(s).ALL “Other/Garnish”deductions must be accompanied by supporting documentation. DEDUCTION TYPE:EXPLANATION FOR DEDUCTION(S):WEEKLY AMOUNT: I,_______________________________,HEREBY AUTHORIZE _______________________________________ (PRINTEMPLOYEE NAME)(COMPANY CONTRACTORNAME) TO MAKE THE ABOVE LISTED DEDUCTION(S)FROM MY PAYROLL CHECK.IT IS UNDERSTOOD THAT THESE DEDUCTIONS ARE IN THE INTEREST OF THE EMPLOYEE AND NOT A CONDITION OF EMPLOYMENT,OR A DIRECT OR INDIRECT FINANCIAL BENEFIT ACCRUING TO THE EMPLOYER,AND NOT OTHERWISE FORBIDDEN BY LAW. EMPLOYEE SIGNATURE DATE CONTRACTOR SIGNATURE DATE EXHIBIT:G 6.a Packet Pg. 119 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t . p d f ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.b Packet Pg. 120 At t a c h m e n t : C o u n t y A p p r o v a l t o P r o c e e d - G r a n d T e r r a c e A D A ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) This page left intentionally blank. 6.c Packet Pg. 121 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 122 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 123 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 124 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 125 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 126 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 127 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 128 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 129 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 130 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 131 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 132 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 133 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 134 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 135 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 136 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 137 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 138 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 139 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) 6.c Packet Pg. 140 At t a c h m e n t : B a r r D o o r B i d D o c u m e n t s a n d Q u o t e ( 1 7 1 2 : C i t y H a l l A D A I m p r o v e m e n t s ) AGENDA REPORT MEETING DATE: February 23, 2016 Council Item TITLE: Award of February 2016 Community Benefit Funds PRESENTED BY: Cynthia Fortune, Finance Director RECOMMENDATION: Approve the award of $1,500.00 from the City’s Community Benefits Fund to the Grand Terrace Community Basketball to help fund the rental of basketball courts needed for the 2016 Basketball Season; and Approve the award of $2,000.00 from the City’s Community Benefits Fund to the Grand Terrace REC Center to help fund the design and print cost of a Community Activity Guide catalog. 2030 VISION STATEMENT: This staff report supports the following City Council Goals:  Goal #1 - Ensure Our Fiscal Viability, through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations; and  Goal #4 – Develop and Implement Successful Partnerships through productive collaboration with community groups, youth programs and senior organizations. BACKGROUND: On June 23, 2015, City Council approved the use of $25,000 from the City’s General Fund Reserve Balance, to establish a Community Benefits Fund (CBF). The Community Benefits Fund’s purpose is to provides funding for local youth programs, community events, community fee waivers, and be used as an economic development tool for small business development in the City. On August 11, 2015, City Council approved the CBF Program Guidelines, Application and authorized the City Manager to implement the program. The City Council has approved 4 grants to date: No. Account Title Approved Amount 1. Foundation of Grand Terrace $350 2. Terrace View Elementary PTA 1,000 7 Packet Pg. 141 3. Friends of the Grand Terrace Branch Library 1,750 4. Grand Terrace Little League 2,000 TOTAL $5,100 DISCUSSION: The City received two (2) applications during the month of February, 2016: 1. Grand Terrace Community Basketball; and 2. The REC Center. GRAND TERRACE COMMUNITY BASKETBALL The Grand Terrace Community Basketball is a recreational youth basketball league in association with USA Basketball and Jr. NBA for both boys and girls from Grand Terrace, Colton, Loma Linda, Riverside, Redlands, and other surrounding cities to participate in. The Basketball league provides the following:  a free mini skills camp;  a Skills Assessment program;  a complete uniform (top and bottom);  a basic picture packet; and  a participation award. The league’s mission is to provide a great competitive community environment for Grand Terrace and the surrounding cities. With over 200 children participating, the league is looking forward to providing an outstanding season of fun and competition. The Grand Terrace Community Basketball League was faced with unexpected expenses when they were informed by Grand Terrace High School that the high school cannot accommodate several nights of court rental. Below summarizes the application submitted by the league: Project Title: Basketball Court Rental Funds Project Activity: The 2016 basketball season is currently being played primarily at Grand Terrace High School; however due to several unexpected dates being revoked due to other events, the league was forced to relocate a few of the season games to the Gonzales Community Center in Colton and pay the facility $90/hour for 2 courts and for 2 7 Packet Pg. 142 days. The courts are rented for 7 hours each day. ($90/hour X 7 hours X 2 days = $1,260). Public Purpose: The league has never had to budget within the registration fees for location/court rental fees. The league was provided with very short notice about the unavailability of the Grand Terrace High School courts; it was insufficient time to raise funds for the unexpected expense. The league provides a fun and competitive environment for the residents and community's youth ranging from ages 5-17 to learn about the fundamentals of basketball. The league currently has 22 teams with about 200 registered players. Amount Requested: $1,260.00 Utilization of Funds: Funds will be used to pay for the unexpected court expenses the league didn't have the budget for. THE REC CENTER The Resource, Education and Community (REC) Center is a non-profit public benefit organization dedicated to enriching communities by providing recreation, education and creative arts programs, specially in communities with limited resources. Below summarizes the application submitted by the REC Center: Project Title: Community Activity Guide Project Activity: The REC Center proposes to oversee the creation and distribution of a Community Activity Guide. This publication will include a compilation of class schedules, sport and youth organization information, senior programs, special events and opportunities. Public Purpose: With the help of the Community Benefits Funding, the proposed guide will be a one- source publication for Grand Terrace residents to see the variety of opportunities the City has to offer. All organizations will be invited to publish their class schedules, seasonal information, registration information, etc. The REC Center will collect this information and oversee the creation of the catalog. This will be a one-source guide to residents and a collaborative project for the entire community. 7 Packet Pg. 143 Amount Requested: $2,000.00 Utilization of Funds: Funds will be for the creative design & print cost of the Community Activity Guide. This cost does not include the cost of distribution. RECOMMENDATION: After staff reviewed both applications, it is recommended that City Council: 1. Approve the award of $1,260.00 of the City’s Community Benefits Fund to the Grand Terrace Community Basketball league; and 2. Approve the award of $2,000.00 of the City’s Community Benefits Fund to the REC Center. Upon City Council approval, the applicant will comply with the following: 1. Issue the City of Grant Terrace an invoice for the grant amount; 2. Complete a W-9 form for reporting purposes; 3. Submit receipts within 30 days of the event/activity showing that the funds provided were used for their original intent. Attached are the submitted applications from both the Grand Terrace Community Basketball league and the REC Center. FISCAL IMPACT: Funds in the amount of $25,000 have been approved for the program and established in the Community Benefits Fund (Fund 61). If approved, the table below will show the balances of each category remaining in the fund: Fund No. Account No. Account Title Balance as of January2016 Proposed Grant Awards Balance 61 461-100 Youth Programs $5,250 ($1,260) $3,990 61 461-200 Art, Business & Service Org. 4,650 ($2,000) 2,650 61 461-300 Community Waiver Requests 5,000 0 5,000 61 461-400 Other Community Grants 5,000 0 5,000 TOTAL $19,900 ($3,260) $16,640 7 Packet Pg. 144 ATTACHMENTS:  CBF 2015-16-005 - Grand Terrace Community Basketball (PDF)  CBF 2015-16-006 - The REC Center (PDF) APPROVALS: Cynthia Fortune Completed 02/16/2016 7:38 PM Finance Completed 02/16/2016 7:39 PM City Attorney Completed 02/17/2016 9:31 AM City Manager Completed 02/17/2016 8:58 PM City Council Pending 02/23/2016 6:00 PM 7 Packet Pg. 145 This page left intentionally blank. CITY OF GRAND TERRACE COMMlJNITY BENEFITS FUND (GT-CBF) GT-CBF FUNDING APPLICATION PURPOSE Grand Terrace City Council's Community Benefits Fund (GT-CBF) provides funding for local youth programs, community events, community fee waivers, and be used as an economic development tool for small business development in the City. Projects or activities that achieve one or more of the following criteria may be eligible for funding: • to increase community identity and participation; • to increase services benefitting our youth, seniors and the community; • to build innovative and effective responses to emerging community needs and social issues; and • to increase the skills, knowledge and understanding within the community to respond to community issues and need. FUNDING CONSIDERATIONS and PROCESS Grants will be awarded up to a maximum amount of $2,000 for a project and must be completed during the current fiscal year (June 30). Below lists the funding set aside for each category: Categorv Total Budget Youth Programs $10,000 Art, Business & Service Organizations $5,000 Community Waiver Requests $5,000 Other (ex. economic development enhancements, $5,000 etc.) TOTAL $25,000 Please refer to the Community Benefits Fund 2016 Guideline for a comprehensive list of projects or activities that will not be considered for funding. All qualified applications will be submitted to City Council for review and approval. SUBMITTING YOUR APPLICATION The Grand Terrace Community Benefits Fund (GT-CBF) will accept applications at the first of each month. We can receive written funding requests by email at gtcbhfundingrequests@grandterrace-ca.gov or by fax to (909) 824-6623. You can also submit your application via postal service or other express delivery courier to Grand Terrace Community Benefits Fund, 22795 Barton Road, Grand Terrace, CA 92313-5295. Questions can be directed to gtcbhfundingrequests@grandterrace-ca.gov or by phone at (909) 824-6621 extension 6. City of Grand Terrace, 22795 Barton Road, Grand Terrace, CA 92313-5295 www.grandterrace-ca.gov 7.a Packet Pg. 146 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 0 5 - G r a n d T e r r a c e C o m m u n i t y B a s k e t b a l l ( 1 8 6 0 : F e b r u a r y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s ) Organization Name: CITY OF GRAND TERRACE C OMMUNITY BENEFITS F U ND (GT-CBF) ORGANIZATION INFORMATION Grand Terrace Community Basketball --·-- Grand Terrace Community Basketball is a non-profit organization composed of volunteers dedicated to assisting I Organization Mission: the youth of Grand Terrace and surrounding communities by assisting them in developing knowledge, skills, and love of the game of basketball. Each Season we reach approximately 200 children ranging in ages of 5-17 with the goal of providing a healthy competitive environment which focuses on the value of teamwork, sportsmanship, respect, and discipline while having fun at the same time. Organization Contact #1 : Name: Da mie n Gates Title: Vice President Mailing Address: 11852 Mount Ve rnon Ave. Apt #A403 City, State, Zip Code Grand Terrace, CA 92313 Phone & E-mail: Phone: (909) 919-0392 E-ma i I: grandterracecommunitybball@gmail.com Organization Contact #2: Name: Amy Torgersen Title: Operations Manager Mailing Address: 12709 Royal Ave. City, State, Zip Code Grand Terrace, CA 92313 Phone & E-mail: Phone: (951) 756-9773 E-mail: amytorgersen@hotmail.com 1 Have you ever applied for funding through the City's 0 Yes 121 No I Community Benefit FUND (CBH) before? j ! I If yes, please list each time you've applied, the outcome, whether you were granted funding or I not, the amount your organization originally requested and the amount approved, if any. Purpose of Request Amount Amount Prior Funding Requests Approved (if any) Date Requested (if any) .... .. ... -. -·---···---· ·-·-···--· ·····- 1. I 2. I 3. I 4. 5. Date of Application: 02/04/2016 Requested Amount: ~ $ 1,500:00 ~:~~r~ City of Grand Terrace, 22795 Barton Road, Grand Terrace, CA 92313-5295 www.grandterrace-ca.gov 7.a Packet Pg. 147 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 0 5 - G r a n d T e r r a c e C o m m u n i t y B a s k e t b a l l ( 1 8 6 0 : F e b r u a r y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s ) CITY 0}-, GRAND TERRACE COMMUNITY BENE}-,ITS FUND (GT-CB}-,) PROJECT IN FORMATION I Project/Activity Title: 2016 Grand Terrace Community Basketball Court Rental Funds GTCB's current 2016 basketball season is currently being played Project/ Activity Description primarily at Grand Terrace High School however due to five unexpected (description of event the dates being revoked due to other events, we were left without either a season to play or relocate a few of our season games to the Gonzales organization is seeking Community Center in Colton, California where we are currently renting funding for) their facility at $90/hour for two courts for our league to be able to play at. Describe how the The league has never had to budget within the registration fees for location/court project/activity is for a rental fees and with our location being revoked for a few weeks of our season at such a short notice we didn't have the funds or time to fundraise for the public purpose and unexpected expenses. We provide a fun and competitive environment for our benefits the residents and community's youth ranging from ages 5-17 to learn about the fundamentals of or community of Grand basketball. We currently have 22 teams with about 200 registered players in our Terrace league this season with about 50% being new players to our league. 0 Youth 0 Seniors 0 Women I D Low- Project/Activity Target I Income I Population: 0 Businesses D Disabled D Yes ! D Entire Persons I Community ! ! I Project/Activity Date: 1 I 1 7I16 and 2/21 I 16 I Location of Project/ Activity: Frank A. Gonzales Community Center 670 Colton Ave.// Colton, CA 92324 I ·-··----··-------·.----· I Detailed description of In the history of our organization, the league has never had to budget for court usage to play on as we have always been allowed access to the local high schools gyms. This season, after securing a local high school gym and planning our 2015-2016 season, we were notified at the last I how the funds will be minute the space was not available for several weeks during our season. We are now having to utilized. compensate by renting basketball courts at the Gonzales Community Center in Colton at $90/hour for about 6-7 hours a day to fulfill our season games. The funds will pay for the I unexpected court expenses the league didn't have the budge for. I 1·· I Negative Impact should Without the funding our league will not be able to continue to pay for the court rental fees and will have to go into our funds that were budgeted for I funding not be approved: other usage (i.e. trophies, All Stars competiticion, light expenses for Pico Park, etc). -- Submit completed application to: City of Grand Terrace City Manager's Office 22795 Barton Road Grand Terrace, CA 92313-5295 Attn: G. Harold Duffey City of Grand Terrace, 22795 Barton Road, Grand Terrace, CA 92313-5295 www.grandterrace-ca.gov 7.a Packet Pg. 148 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 0 5 - G r a n d T e r r a c e C o m m u n i t y B a s k e t b a l l ( 1 8 6 0 : F e b r u a r y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s ) This page left intentionally blank. CITY OF GRAND TERRACE COMMUNITY BENEFITS FUND (GT-CBF) City of Grand Terrace, 22795 Barton Road, Grand Terrace, CA 92313-5295 www.grandterrace-ca.gov ORGANIZATION INFORMATION Organization Name: Organization Mission: Organization Contact #1: Name: Title: Mailing Address: City, State, Zip Code Phone & E-mail: Phone: E-mail: Organization Contact #2: Name: Title: Mailing Address: City, State, Zip Code Phone & E-mail: Phone: E-mail: Have you ever applied for funding through the City’s Community Benefit FUND (CBH) before? ☐ Yes ☐ No If yes, please list each time you’ve applied, the outcome, whether you were granted funding or not, the amount your organization originally requested and the amount approved, if any. Purpose of Prior Funding Requests (if any) Request Date Amount Requested Amount Approved (if any) 1. 2. 3. 4. 5. Date of Application: Requested Amount: The REC Center Enriching communities by providing Recreation, Education & Creative Arts programs; especially in communities with limited resources. Jennifer Araiza Executive Director 12139 Mt Vernon Ave, Ste 203 Grand Terrace, CA 92313 951-254-7827 thereccentergt@gmail.com 12139 Mt Vernon Ave, Ste 203 Grand Terrace, CA 92313 909-553-1012 natashaflores99@gmail.com February 4, 2016 $ 2,000.00 4 Natasha Flores Chair 7.b Packet Pg. 149 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 0 6 - T h e R E C C e n t e r ( 1 8 6 0 : F e b r u a r y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s ) CITY OF GRAND TERRACE COMMUNITY BENEFITS FUND (GT-CBF) City of Grand Terrace, 22795 Barton Road, Grand Terrace, CA 92313-5295 www.grandterrace-ca.gov PROJECT INFORMATION Project/Activity Title: Project/Activity Description (description of event the organization is seeking funding for) Describe how the project/activity is for a public purpose and benefits the residents and or community of Grand Terrace Project/Activity Target Population: ☐ Youth ☐ Seniors ☐ Women ☐ Low- Income ☐ Businesses ☐ Disabled Persons ☐ Yes ☐ Entire Community Project/Activity Date: Location of Project/Activity: Detailed description of how the funds will be utilized. Negative Impact should funding not be approved: Submit completed application to: City of Grand Terrace City Manager’s Office 22795 Barton Road Grand Terrace, CA 92313-5295 Attn: G. Harold Duffey Community Activity Guide The REC Center proposes to oversee the creation and distribution of a Community Activity Guide. This publication will include a compilation of class schedules, sport and youth organization information, senior programs, special events and opportunities. Many surrounding communities offer their residents a seasonal activity guide, usually through their parks & recreation department. The proposed guide will be a once source publication for Grand Terrace residents to see the variety of opportunities our town has to offer. All organizations will be invited to publish their class schedules, seasonal information, registration information, etc. The REC Center will collect this information and oversee the creation of the catalog. This will provide advertising opportunities for all business types, a one source guide to residents and a collaborative project for the entire community. Projected Completion May 2016 92313 $2000 - Creative design & print cost, this price does not include the cost of distribution, which will be requested after the completion of the initial project. In the event the project is not funded, the project will not take place. 4 4 4 4 7.b Packet Pg. 150 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 0 6 - T h e R E C C e n t e r ( 1 8 6 0 : F e b r u a r y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s ) AGENDA REPORT MEETING DATE: February 23, 2016 Council Item TITLE: Transfer Seven Parcels Totaling 54 Acres Identified as Property #4 in the Adopted Long Range Property Management Plan to the City of Grand Terrace PRESENTED BY: Sandra Molina, Community Development Director RECOMMENDATION: 1) Adopt Resolution No. 2016-___, A RESOLUTION OF THE CITY COUNCIL ACCEPTING PROPERTY #4 COMPRISED OF SEVEN PARCELS AND TOTALING APPROXIMATELY 54 ACRES OF LAND FROM THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE PURSUANT TO THE ADOPTED LONG RANGE PROPERTY MANAGEMENT PLAN; and 2) Direct the City Manager to Record the Grant Deeds at the Office of the San Bernardino County Recorder. 2030 VISION STATEMENT: This staff report supports Goal #3, Promote Economic Development because it facilitates future development. BACKGROUND/DISCUSSION Between November 22, 2000 and July 29, 2011, the former redevelopment agency acquired seven separate properties (“Properties”) comprised of approximately 54 acres for the purposes of fostering development. With the dissolution of Redevelopment the Properties were transferred to the Successor Agency on January 24, 2012. On October 22, 2013, the Successor Agency approved the Long Range Property Management Plan ("LRPMP") pursuant to Health & Safety Code Section 34191.5, which was approved by the Oversight Board on November 6, 2013. Review of the adopted LRPMP by the California Department of Finance (“DOF”) necessitated revisions to the LRPMP, and an Amended LRPMP was approved by Successor Agency and Oversight Board in separate actions taken on November 25, 2014 and December 17, 2014, respectively. On April 23, 2015, the Amended LRPMP was approved by the DOF. The approved LRPMP identified the Properties as Property #4 and further states the disposition of the Properties to be transferred to the City for future development. Therefore, the Successor Agency can now transfer the Properties to the City of Grand Terrace, which can be accepted by the City. 8 Packet Pg. 151 Also, as the Council will recall, the transfer of these properties to the City requires the approval of Compensation Agreements with the various taxing entities. There are seven different entities, and to date, six have already approved the agreement. The County of San Bernardino is the last entity that needs to approve the Compensation Agreement and Staff expects that the County will do so by the end of March. FISCAL IMPACT: There is no fiscal impact other than staff time related to preparation of the grant deeds to record the transfer of title for the seven parcels. The transfer of the property is exempt from documentary transfer tax pursuant to Revenue & Taxation Code § 11922. ATTACHMENTS:  CC Resolution_Accepting Property 4 (DOCX)  Grant Deed APN 1167-141-08 (DOCX)  Grant Deed APN 1167-151-22 (DOCX)  Grant Deed APN 1167-151-68 (DOCX)  Grant Deed APN 1167-151-71 (DOCX)  Grant Deed APN 1167-151-74 (DOCX)  Grant Deed APN 1167-161-03 (DOCX)  Grant Deed APN 1167-161-04 (DOCX) APPROVALS: Sandra Molina Completed 02/12/2016 11:45 AM City Attorney Completed 02/16/2016 1:53 PM Finance Completed 02/16/2016 3:25 PM Community Development Completed 02/16/2016 4:16 PM City Manager Completed 02/18/2016 8:20 AM City Council Pending 02/23/2016 6:00 PM 8 Packet Pg. 152 Page 1 of 7 RESOLUTION 2016 - A RESOLUTION OF THE CITY COUNCIL ACCEPTING PROPERTY #4 COMPRISED OF SEVEN PARCELS AND TOTALING APPROXIMATELY 54 ACRES OF LAND FROM THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE PURSUANT TO THE ADOPTED LONG RANGE PROPERTY MANAGEMENT PLAN WHEREAS, on between November 22, 2000 and July 29, 2011, the former redevelopment agency acquired seven separate properties (Properties) comprised of approximately 54 acres for a total purchase price of $4,139,184.00 for the purposes of fostering development; WHEREAS, on January 13, 2012, the Properties were quitclaimed from the former redevelopment agency to the Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace; WHEREAS, pursuant to Health and Safety Code Section 34191.5 the Successor Agency (“SA”) prepared and submitted a Long-Range Property Management Plan (LRPMP) that addresses the disposition and use of the real properties of the former redevelopment agency; WHEREAS, the LRPMP identified disposition of the subject Properties, identified as Property #4 in the LRPMP, to be transferred to the City of Grand Terrace for future development; WHEREAS, on April 24, 2015, the California Department of Finance approved the Grand Terrace Successor Agency Long Range Property Management Plan, which identified disposition of the subject Properties to be transferred to the City of Grand Terrace for future development; WHEREAS, the Properties, with Assessor’s Parcel Numbers 1167-141-08, 1167- 151-22, 1167-151-68, 1167-151-71, 1167-151-74, 1167-161-03, 1167-161-04, as identified in Exhibit 1, are assets of the Successor Agency; WHEREAS, the Properties, as further described in Exhibit 1 are assets of the Successor Agency); and WHEREAS, the City desires to receive the Properties from the Successor Agency so that it may foster future development. 8.a Packet Pg. 153 At t a c h m e n t : C C R e s o l u t i o n _ A c c e p t i n g P r o p e r t y 4 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 2 of 7 WHEREAS, on February 23, 2016, the Successor Agency adopted a Resolution approving the transfer of Properties from the Successor Agency to the City of Grand Terrace Redevelopment Agency to the City of Grand Terrace; and NOW THEREFORE, BE IT RESOLVED THAT CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: Section 1. The City Council finds that all of the above recitals are true and correct and are incorporated herein by reference. Section 2. The City Council finds that the Properties are assets of the Successor Agency that were acquired for development purposes. Section 3. On April 24, 2015, the California Department of Finance approved the Grand Terrace Successor Agency Long Range Property Management Plan, which identified disposition of the subject Property to be transferred to the City of Grand Terrace for future development. Section 4. Pursuant to Health and Safety Code Section 34191.3 the approved Long Range Property Management Plan shall govern and supersede all other provisions relating to, the disposition and use of all the real property assets of the former redevelopment agency. Section 5. The City Council hereby accepts the subject Properties identified on Exhibit “1” and described in Exhibit "2” from the Successor Agency, and authorizes the City Manager to take all actions necessary to record the Grant Deeds, included in Exhibit “1”. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 23rd day of February, 2016. 8.a Packet Pg. 154 At t a c h m e n t : C C R e s o l u t i o n _ A c c e p t i n g P r o p e r t y 4 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 3 of 7 AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Pat Jacquez-Nares Darcy McNaboe City Clerk Mayor 8.a Packet Pg. 155 At t a c h m e n t : C C R e s o l u t i o n _ A c c e p t i n g P r o p e r t y 4 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 4 of 7 I, PAT JACQUEZ-NARES, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 23rd day of February, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Pat Jacques-Nares City Clerk 8.a Packet Pg. 156 At t a c h m e n t : C C R e s o l u t i o n _ A c c e p t i n g P r o p e r t y 4 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 5 of 7 Exhibit 1 Attached on next page Exhibit of Properties APNs 1167-141-08, 1167-151-22, 1167-151-68, 1167-151-71, 1167-151-74, 1167-161-03, 1167-161-04 8.a Packet Pg. 157 At t a c h m e n t : C C R e s o l u t i o n _ A c c e p t i n g P r o p e r t y 4 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 6 of 7 8.a Packet Pg. 158 At t a c h m e n t : C C R e s o l u t i o n _ A c c e p t i n g P r o p e r t y 4 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 7 of 7 Exhibit 2 Attached on next page Grant Deeds for APNs 1167-141-08, 1167-151-22, 1167-151-68, 1167-151-71, 1167-151-74, 1167-161-03, 1167-161-04 8.a Packet Pg. 159 At t a c h m e n t : C C R e s o l u t i o n _ A c c e p t i n g P r o p e r t y 4 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) This page left intentionally blank. Page 1 of 3 APN 1167-141-08-0000 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF GRAND TERRACE, a municipal corporation, acting as THE SUCCESOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY as defined by California Health and Safety Code Section 34171(j) (GRANTOR), hereby GRANTS to THE CITY OF GRAND TERRACE, a municipal corporation, the real property in the City of Grand Terrace, County of San Bernardino, State of California, more particularly described and depicted in Exhibit “A” attached hereto and made part thereof. DATED:_________________________ By:________________________ Darcy McNaboe Chairman *ATTEST:______________________ Pat Jacquez-Nares City Clerk City of Grand Terrace RECORDING REQUESTED BY Sandra Molina Community Development Director AND WHEN RECORDED MAIL TO: CITY OF GRAND TERRACE 22795 BARTON ROAD GRAND TERRACE, CA 92313 ATTN: CITY CLERK (Space above this line for Recorder’s use) Exempt from Recording Fee Government Code Section 6103 Exempt from Documentary Transfer Tax Revenue & Taxation Code § 11922 8.b Packet Pg. 160 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 4 1 - 0 8 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 2 of 3 Exhibit A Legal Description 1167-141-08-0000 CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS FOLLOWS: PARCEL NO. 7 OF PARCEL MAP NO. 3803, AS PER PLAT RECORDED 1N BOOK 49 OF PARCEL MAPS, PAGE(S) 16 AND 17, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 8.b Packet Pg. 161 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 4 1 - 0 8 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 3 of 3 CERTIFICATE OF ACCEPTANCE Reference: APN 1167-141-08-0000 This is to certify that the interest in real property conveyed by the Grant Deed, from the City of Grand Terrace, a municipal corporation, acting as the Successor Agency to the Grand Terrace Community Redevelopment Agency as defined by California Health and Safety Code Section 34171(j) to the City of Grand Terrace, a municipal corporation, is hereby accepted by the order of the Grand Terrace City Council on the 23rd day of February, 2016, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: _______________________ _________________________ Pat Jacques-Nares City Clerk 8.b Packet Pg. 162 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 4 1 - 0 8 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) This page left intentionally blank. Page 1 of 4 APN 1167-151-22-0000 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF GRAND TERRACE, a municipal corporation, acting as THE SUCCESOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY as defined by California Health and Safety Code Section 34171(j) (GRANTOR), hereby GRANTS to THE CITY OF GRAND TERRACE, a municipal corporation, the real property in the City of Grand Terrace, County of San Bernardino, State of California, more particularly described and depicted in Exhibit “A” attached hereto and made part thereof. DATED:_________________________ By:________________________ Darcy McNaboe Chairman *ATTEST:______________________ Pat Jacquez-Nares City Clerk City of Grand Terrace RECORDING REQUESTED BY Sandra Molina Community Development Director AND WHEN RECORDED MAIL TO: CITY OF GRAND TERRACE 22795 BARTON ROAD GRAND TERRACE, CA 92313 ATTN: CITY CLERK (Space above this line for Recorder’s use) Exempt from Recording Fee Government Code Section 6103 Exempt from Documentary Transfer Tax Revenue & Taxation Code § 11922 8.c Packet Pg. 163 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 5 1 - 2 2 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 2 of 4 Exhibit A Legal Description 1167-151-22-0000 PARCEL 1: LOT 26 AND THAT PORTION OF LOT 25 LYING EAST OF THE RIGHT OF WAY OF RIVERSIDE WATER COMPANY'S CANAL, SECTION 5, TOWNSHIP 2 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO MAP SHOWING LAND OF THE EAST RIVERSIDE LAND COMPANY, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY. EXCEPT THAT PORTION OF LOT 25 GRANTED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, A BODY CORPORATE AND POLITIC RECORDED DECEMBER 21, 1964 IN BOOK 6297, PAGE 333, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THOSE TWO PARCELS CONVEYED TO THE CITY OF RIVERSIDE, A MUNICIPAL CORPORATION, BY DEED RECORDED FEBRUARY 10, 1992 AS INSTRUMENT No. 92-047279 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL 2: AN EASEMENT FOR ROADWAY PURPOSES OVER THE WESTERLY 30 FEET OF THE FOLLOWING DESCRIBED PROPERTY; THAT PORTION OF LOT 25, SECTION 5, TOWNSHIP 2 SOUTH, RANGE 4 WEST; SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP SHOWING LAND OF EAST RIVERSIDE LAND COMPANY, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, SAID PORTION ALSO BEING DESCRIBED IN DIRECTOR'S DEED RECORDED IN BOOK 5701, PAGE 635, OFFICIAL RECORDS OF SAID COUNTY, SAID PART MORE PARTICULARLY DESCRIBED AS BEING ALL OF SAID PORTION LYING FROM THE RIGHT OF WAY OF RIVERSIDE WATER COMPANY'S CANAL AND SOUTHERLY OF THE SOUTHERLY DESCRIBED LINE. COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 25; THENCE SOUTH 89° 58' 11” WEST ALONG THE NORTH LINE OF SAID LOT 25 A DISTANCE OF 289.05 FEET TO THE WEST LINE OF SAID RIVERSIDE WATER COMPANY'S CANAL RIGHT OF WAY; THENCE SOUTH 28° 41' 00” WEST ALONG SAID WEST LINE A DISTANCE OF 213.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 69° 19' 18” WEST A DISTANCE OF 255.15 FEET TO THE POINT OF TERMINATION, IN THE WESTERLY LINE OF SAID PORTION OF LOT 25 DESCRIBED IN DEED RECORDED IN SAID BOOK 5701, PAGE 635, OFFICIAL RECORDS. PARCEL 3: AN EASEMENT FOR ROADWAY PURPOSES, DESCRIBED AS FOLLOWS: 8.c Packet Pg. 164 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 5 1 - 2 2 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 3 of 4 ALL THAT PART OF THAT PORTION OF LOT 25, SECTON 5, TOWNSHIP 2 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS SAID LOT IS SHOWN ON THE MAP OF THE LANDS OF THE EAST RIVERSIDE LAND COMPANY, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, SAID LOT ALSO BEING SHOWN ON LICENSED LAND SURVEYOR'S MAP RECORDED IN BOOK 7, PAGES 65 AND 66, RECORDS OF SURVEY, SAID PORTION BEING THAT REAL PROPERTY CONVEYED BY DEED RECORDED IN BOOK 5786, PAGE 978, OFFICIAL RECORDS OF SAID COUNTY, SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 30.00 FEET OF SAID PORTION OF LOT 25, LYING EASTERLY FROM, MEASURED AT RIGHT ANGLES TO, THE SOUTHERLY PROLONGATION OF THE WEST LINE OF THAT PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 4303, PAGE 150, OFFICIAL RECORDS OF SAID COUNTY. 8.c Packet Pg. 165 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 5 1 - 2 2 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 4 of 4 CERTIFICATE OF ACCEPTANCE Reference: APN 1167-151-22-0000 This is to certify that the interest in real property conveyed by the Grant Deed, from the City of Grand Terrace, a municipal corporation, acting as the Successor Agency to the Grand Terrace Community Redevelopment Agency as defined by California Health and Safety Code Section 34171(j) to the City of Grand Terrace, a municipal corporation, is hereby accepted by the order of the Grand Terrace City Council on the 23rd day of February, 2016, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: _____________________ _________________________ Pat Jacques-Nares City Clerk 8.c Packet Pg. 166 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 5 1 - 2 2 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 1 of 3 APN 1167-151-68-0000 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF GRAND TERRACE, a municipal corporation, acting as THE SUCCESOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY as defined by California Health and Safety Code Section 34171(j) (GRANTOR), hereby GRANTS to THE CITY OF GRAND TERRACE, a municipal corporation, the real property in the City of Grand Terrace, County of San Bernardino, State of California, more particularly described and depicted in Exhibit “A” attached hereto and made part thereof. DATED:_________________________ By:________________________ Darcy McNaboe Chairman *ATTEST:______________________ Pat Jacquez-Nares City Clerk City of Grand Terrace RECORDING REQUESTED BY Sandra Molina Community Development Director AND WHEN RECORDED MAIL TO: CITY OF GRAND TERRACE 22795 BARTON ROAD GRAND TERRACE, CA 92313 ATTN: CITY CLERK (Space above this line for Recorder’s use) Exempt from Recording Fee Government Code Section 6103 Exempt from Documentary Transfer Tax Revenue & Taxation Code § 11922 8.d Packet Pg. 167 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 5 1 - 6 8 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 2 of 3 Exhibit A Legal Description: 1167-151-68-0000 PARCEL 3 AND PORTIONS OF PARCEL 2 AS SHOWN ON A CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 19970394085 AND AS SHOWN ALSO ON RECORD OF SURVEY NO. 98-0077 FILED IN BOOK 110 PAGES 84 THROUGH 87 OF RECORDS OF SURVEY ALL IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA AS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF SAID PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE SHOWN AS “NORTH 02° 05’ 21 EAST 1,273.20 FEET” ON SAID RECORD OF SURVEY AND DISTANT THEREON SOUTH 02° 05’ 21” WEST 340.93 FEET FROM THE NORTHERLY TERMINOUS THEREOF, SAID POINT BEING ALSO THE INTERSECTION OF SAID WEST LINE AND THE WESTERLY PROLONGATION OF THE NORTH LINE OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE AND SAID RECORD OF SURVEY SHOWN AS “NORTH 89° 57’ 43” WEST 209.93 FEET” THEREON; THENCE ALONG SAID PROLONGATION AND SAID NORTH LINE SOUTH 89° 57’ 43” EAST 266.45 FEET; THENCE CONTINUING ALONG SAID NORTH LINE THE FOLLOWING COURSES: NORTH 00° 02’ 17” EAST 42.05 FEET; SOUTH 89° 57’ 43” EAST 439.66 FEET; SOUTH 00° 02’ 17” WEST 71.07 FEET TO THE NORTH LINE OF PICO STREET AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID NORTH LINE OF PICO STREET SOUTH 89° 52’ 46” EAST 70.00 FEET TO THE EAST LINE OF SAID PARCELS 2 AND 3 OF SAID CERTIFICATE OF COMPLIANCE; THENCE LEAVING SAID NORTH LINE OF PICO STREET AND ALONG SAID EAST LINE OF PARCELS 2 AND 3 THE FOLLOWING COURSES: NORTH 00° 02’ 17” EAST 141.01 FEET; NORTH 89° 52’ 46” WEST 118.00 FEET; NORTH 00° 02’ 17” EAST 1,017.69 FEET; SOUTH 89° 53’ 18” EAST 118.00 FEET; NORTH 00° 02’ 17” EAST 100.00 FEET; NORTH 89° 53’ 18” WEST 118.00 FEET; NORTH 00° 02’ 17” EAST 46.07 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE; THENCE ALONG THE SAID NORTHWESTERLY AND WESTERLY LINES OF SAID PARCELS 2 AND 3 THE FOLLOWING COURSES; SOUTH 65° 59’ 20” WEST 354.73 FEET TO THE BEGINNING OF A 248.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49° 40’ 36” AN ARC DISTANCE OF 215.02 FEET; TANGENT TO SAID CURVE SOUTH 16° 18’ 44” WEST 660.07 FEET AND SOUTH 02° 05’ 21” WEST 340.93 FEET TO THE POINT OF BEGINNING. 8.d Packet Pg. 168 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 5 1 - 6 8 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 3 of 3 CERTIFICATE OF ACCEPTANCE Reference: APN 1167-151-68-0000 This is to certify that the interest in real property conveyed by the Grant Deed, from the City of Grand Terrace, a municipal corporation, acting as the Successor Agency to the Grand Terrace Community Redevelopment Agency as defined by California Health and Safety Code Section 34171(j) to the City of Grand Terrace, a municipal corporation, is hereby accepted by the order of the Grand Terrace City Council on the 23rd day of February, 2016, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: _____________________ _________________________ Pat Jacques-Nares City Clerk 8.d Packet Pg. 169 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 5 1 - 6 8 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) This page left intentionally blank. Page 1 of 3 APN 1167-151-71-0000 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF GRAND TERRACE, a municipal corporation, acting as THE SUCCESOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY as defined by California Health and Safety Code Section 34171(j) (GRANTOR), hereby GRANTS to THE CITY OF GRAND TERRACE, a municipal corporation, the real property in the City of Grand Terrace, County of San Bernardino, State of California, more particularly described and depicted in Exhibit “A” attached hereto and made part thereof. DATED:_________________________ By:________________________ Darcy McNaboe Chairman *ATTEST:______________________ Pat Jacquez-Nares City Clerk City of Grand Terrace RECORDING REQUESTED BY Sandra Molina Community Development Director AND WHEN RECORDED MAIL TO: CITY OF GRAND TERRACE 22795 BARTON ROAD GRAND TERRACE, CA 92313 ATTN: CITY CLERK (Space above this line for Recorder’s use) Exempt from Recording Fee Government Code Section 6103 Exempt from Documentary Transfer Tax Revenue & Taxation Code § 11922 8.e Packet Pg. 170 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 5 1 - 7 1 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 2 of 3 Exhibit A Legal Description 1167-151-71-0000 CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA, AS FOLLOWS: LOT 39 AND 40 OF EAST RIV ERSI DE LAND COMPANY PER MAP RECORDED IN EAST RIVERSIDE LAND CO SUB LOT 41 AND WEST Y2 LOT 42 SEC 5 TP 2S R 4W EX WLY 15 FT SD LOT 41 AND EX W 85 FT S 141.01 FT SD LOT 41 EX PTN LYN 8.e Packet Pg. 171 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 5 1 - 7 1 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 3 of 3 CERTIFICATE OF ACCEPTANCE Reference: APN 1167-151-71-0000 This is to certify that the interest in real property conveyed by the Grant Deed, from the City of Grand Terrace, a municipal corporation, acting as the Successor Agency to the Grand Terrace Community Redevelopment Agency as defined by California Health and Safety Code Section 34171(j) to the City of Grand Terrace, a municipal corporation, is hereby accepted by the order of the Grand Terrace City Council on the 23rd day of February, 2016, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: _____________________ _________________________ Pat Jacques-Nares City Clerk 8.e Packet Pg. 172 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 5 1 - 7 1 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) This page left intentionally blank. Page 1 of 3 APN 1167-151-74-0000 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF GRAND TERRACE, a municipal corporation, acting as THE SUCCESOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY as defined by California Health and Safety Code Section 34171(j) (GRANTOR), hereby GRANTS to THE CITY OF GRAND TERRACE, a municipal corporation, the real property in the City of Grand Terrace, County of San Bernardino, State of California, more particularly described and depicted in Exhibit “A” attached hereto and made part thereof. DATED:_________________________ By:________________________ Darcy McNaboe Chairman *ATTEST:______________________ Pat Jacquez-Nares City Clerk City of Grand Terrace RECORDING REQUESTED BY Sandra Molina Community Development Director AND WHEN RECORDED MAIL TO: CITY OF GRAND TERRACE 22795 BARTON ROAD GRAND TERRACE, CA 92313 ATTN: CITY CLERK (Space above this line for Recorder’s use) Exempt from Recording Fee Government Code Section 6103 Exempt from Documentary Transfer Tax Revenue & Taxation Code § 11922 8.f Packet Pg. 173 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 5 1 - 7 4 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 2 of 3 Exhibit A Legal Description 1167-151-74-0000 LOT 39 AND 40 OF EAST RIV ERSI DE LAND COMPANY PER MAP RECORDED IN BOOK 6, PAGE 44 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA; EXCEPTING THEREFROM THAT PORTION OF LOT 39 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 39; THENCE NORTH 89°53'26" WEST ALONG THE SOUTH LINE OF SAID LOT 39, 329.78 FEET; THENCE NORTH 00°04'28" EAST, 331.23 FEET; THENCE SOUTH 89°53'27" EAST, 329.85 FEET TO THE EAST LINE OF SAID LOT 39; THENCE SOUTH 00°05'10" WEST, 331.23 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 40 DESCRIBED AS FOLLOWS: THE WEST 15.00 FEET OF SAID LOT 40 AS CONVEYED TO THE SOUTHERN CALIFORNIA ROAD MOTOR COMPANY RECORDED APRIL 25, 1888 IN BOOK 73, PAGE 345 OF DEEDS, RECORDS OF SAID COUNTY. 8.f Packet Pg. 174 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 5 1 - 7 4 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 3 of 3 CERTIFICATE OF ACCEPTANCE Reference: APN 1167-151-74-0000 This is to certify that the interest in real property conveyed by the Grant Deed, from the City of Grand Terrace, a municipal corporation, acting as the Successor Agency to the Grand Terrace Community Redevelopment Agency as defined by California Health and Safety Code Section 34171(j) to the City of Grand Terrace, a municipal corporation, is hereby accepted by the order of the Grand Terrace City Council on the 23rd day of February, 2016, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: _____________________ _________________________ Pat Jacques-Nares City Clerk 8.f Packet Pg. 175 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 5 1 - 7 4 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) This page left intentionally blank. Page 1 of 3 APN 1167-161-03-0000 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF GRAND TERRACE, a municipal corporation, acting as THE SUCCESOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY as defined by California Health and Safety Code Section 34171(j) (GRANTOR), hereby GRANTS to THE CITY OF GRAND TERRACE, a municipal corporation, the real property in the City of Grand Terrace, County of San Bernardino, State of California, more particularly described and depicted in Exhibit “A” attached hereto and made part thereof. DATED:_________________________ By:________________________ Darcy McNaboe Chairman *ATTEST:______________________ Pat Jacquez-Nares City Clerk City of Grand Terrace RECORDING REQUESTED BY Sandra Molina Community Development Director AND WHEN RECORDED MAIL TO: CITY OF GRAND TERRACE 22795 BARTON ROAD GRAND TERRACE, CA 92313 ATTN: CITY CLERK (Space above this line for Recorder’s use) Exempt from Recording Fee Government Code Section 6103 Exempt from Documentary Transfer Tax Revenue & Taxation Code § 11922 8.g Packet Pg. 176 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 6 1 - 0 3 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 2 of 3 Exhibit A Legal Description 1167-161-03-0000 PORTION OF LOT 11 ACCORDING TO MAY SHOWING LANDS OF EAST RIVERSIDE LAND COMPANY, IN THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT; THENCE IN A NORTHERLY DIRECTION ALONG THE EASTERLY LINE OF SAID LOT, A DISTANCE OF 410.63 FEET TO A POINT 218.77 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT; THENCE WESTERLY AND PARALLEL TO THE NORTH LINE OF SAID LOT, A DISTANCE OF 50 FEET TO A POINT; THENCE NORTHERLY AND PARALLEL TO THE EAST LINE OF SAID LOT, A DISTANCE OF 218.77 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID LOT; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT, A DISTANCE OF 175 FEET TO A POINT; THENCE SOUTHERLY AND PARALLEL TO THE EAST LINE OF SAID LOT, A DISTANCE OF 629.4 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID LOT; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT, A DISTANCE OF 225 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LOT 11, ACCORDING TO MAP SHOWING LANDS OF EAST RIVERSIDE LAND COMPANY AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING 140 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT; THENCE IN A NORTHERLY DIRECTION AND PARALLEL TO THE EAST LINE OF SAID LOT A DISTANCE OF 130 FEET; THENCE IN A WESTERLY DIRECTION AND PARALLEL TO THE SOUTH LINE OF SAID LOT, A DISTANCE OF 85 FEET; THENCE IN A SOUTHERLY DIRECTION AND PARALLEL TO THE EAST LINE OF SAID LOT, A DISTANCE OF 130 FEET; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT A DISTANCE OF 85 FEET TO THE TRUE POINT OF BEGINNING. 8.g Packet Pg. 177 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 6 1 - 0 3 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 3 of 3 CERTIFICATE OF ACCEPTANCE Reference: APN 1167-161-03-0000 This is to certify that the interest in real property conveyed by the Grant Deed, from the City of Grand Terrace, a municipal corporation, acting as the Successor Agency to the Grand Terrace Community Redevelopment Agency as defined by California Health and Safety Code Section 34171(j) to the City of Grand Terrace, a municipal corporation, is hereby accepted by the order of the Grand Terrace City Council on the 23rd day of February, 2016, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: _____________________ _________________________ Pat Jacques-Nares City Clerk 8.g Packet Pg. 178 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 6 1 - 0 3 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) This page left intentionally blank. Page 1 of 3 APN 1167-161-04-0000 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF GRAND TERRACE, a municipal corporation, acting as THE SUCCESOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY as defined by California Health and Safety Code Section 34171(j) (GRANTOR), hereby GRANTS to THE CITY OF GRAND TERRACE, a municipal corporation, the real property in the City of Grand Terrace, County of San Bernardino, State of California, more particularly described and depicted in Exhibit “A” attached hereto and made part thereof. DATED:_________________________ By:________________________ Darcy McNaboe Chairman *ATTEST:______________________ Pat Jacquez-Nares City Clerk City of Grand Terrace RECORDING REQUESTED BY Sandra Molina Community Development Director AND WHEN RECORDED MAIL TO: CITY OF GRAND TERRACE 22795 BARTON ROAD GRAND TERRACE, CA 92313 ATTN: CITY CLERK (Space above this line for Recorder’s use) Exempt from Recording Fee Government Code Section 6103 Exempt from Documentary Transfer Tax Revenue & Taxation Code § 11922 8.h Packet Pg. 179 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 6 1 - 0 4 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 2 of 3 Exhibit A Legal Description 1167-161-04-0000 THAT PORTION OF LOT 11 OF SECTION 15, TOWNSHIP 2 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO MAP SHOWING LANDS OF EAST RIVERSIDE LAND COMPANY, RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING 140 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT; THENCE IN A NORTHERLY DIRECTION AND PARALLEL TO THE EAST LINE OF SAID LOT A DISTANCE OF 130 FEET; THENCE IN A WESTERLY DIRECTION AND PARALLEL TO THE SOUTH LINE OF SAID LOT, A DISTANCE OF 85 FEET; THENCE IN A SOUTHERLY DIRECTION AND PARALLEL TO THE EAST LINE OF SAID LOT, A DISTANCE OF 130 FEET; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT A DISTANCE OF 85 FEET TO THE TRUE POINT OF BEGINNING. 8.h Packet Pg. 180 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 6 1 - 0 4 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) Page 3 of 3 CERTIFICATE OF ACCEPTANCE Reference: APN 1167-161-04-0000 This is to certify that the interest in real property conveyed by the Grant Deed, from the City of Grand Terrace, a municipal corporation, acting as the Successor Agency to the Grand Terrace Community Redevelopment Agency as defined by California Health and Safety Code Section 34171(j) to the City of Grand Terrace, a municipal corporation, is hereby accepted by the order of the Grand Terrace City Council on the 23rd day of February, 2016, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: _____________________ _________________________ Pat Jacques-Nares City Clerk 8.h Packet Pg. 181 At t a c h m e n t : G r a n t D e e d A P N 1 1 6 7 - 1 6 1 - 0 4 ( 1 8 5 9 : A c c e p t P r o p e r t y # 4 f r o m t h e S u c c e s s o r A g e n c y ) This page left intentionally blank. AGENDA REPORT MEETING DATE: February 23, 2016 Council Item TITLE: Parking Citation Surcharges PRESENTED BY: Cynthia Fortune, Finance Director RECOMMENDATION: 1. Direct staff to implement the State imposed parking citation surcharges on all parking citations issued in Grand Terrace as required by Government Codes 70372(b), 76000(b) and 76000.3; 2. Direct staff to implement California Penal Code 1465.5, an additional parking penalty imposed if the parking citation is issued to a vehicle stopped, standing or parked in a stall or space designated for disabled persons; 3. Direct staff to implement the State imposed parking violation surcharges on all “fix-it” tickets issued in Grand Terrace as required by Vehicle Code 40225; 4. Authorize the City Manager or his designee to take steps necessary to implement the collection and transmittal of these funds to the San Bernardino Auditor-Controller as required by Government Codes 70372(b), 76000(b) and 76000.3, Penal Code 1465.5 and Vehicle Code 40225. 2030 VISION STATEMENT: This staff report supports City Council Goal #1, “Ensure Our Fiscal Viability,” through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations. BACKGROUND: The State of California requires that cities, districts or other issuing agencies who issue parking citations impose a parking citation surcharge on every parking citation issued. The following tables provide the surcharges imposed by Government Codes (GC) 70372(b), 76000(b) and 76000.3, California Penal Code 1465.5 and California Vehicle Code 40225. 9 Packet Pg. 182 Citation Surcharges SB425 SB1407 SB427 Govt Govt effective effective effective Code Agency Description 01/01/2008 01/01/2009 01/01/2011 GC70372(b) State Court Construction Penalty $1.50 $1.50 $1.50 GC70372(b) State Immediate & Critical Needs Facilities Construction Fund 0 3.00 3.00 GC76000(b) County Courthouse Construction Penalty 2.50 2.50 2.50 GC76000(b) County Criminal Justice Facilities Construction Penalty 2.50 2.50 2.50 GC76000.3 County Trial Court Trust Fund Penalty 0 0 3.00 Total Surcharge per Citation Issued $6.50 $9.50 $12.50 California Penal Code SB425 SB1407 SB427 Govt Govt effective effective effective Code Agency Description 01/01/2008 01/01/2009 01/01/2011 PC 1465.5 State & County Handicap State Linkage Fee $2 per $10 $2 per $10 $2 per $10 Total Surcharge per Citation Issued $2 per $10 $2 per $10 $2 per $10 California Vehicle Code SB425 SB1407 SB427 Govt Govt effective effective effective Code Agency Description 01/01/2008 01/01/2009 01/01/2011 VC 40225 State Registration & Equipment Violations (“Fix-It” Tickets) 50% of Citation 50% of Citation 50% of Citation Total Surcharge per Citation Issued 50% of Citation 50% of Citation 50% of Citation 9 Packet Pg. 183 DISCUSSION: Parking Citation Surcharge Requirements Government Codes (GC) 70372(b), 76000(b) and 76000.3 require the following:  Each agency that elects to process parking violations shall pay to the county treasurer the parking penalty imposed;  Those payments to the county treasurer shall be made monthly, and the County Treasurer shall transmit these sums to the State or deposit them into the authorized funds; and  Notwithstanding any other law, for each parking offense where a parking penalty, fine or forfeiture is imposed, these added penalties shall be imposed in addition to the penalty, fine, or forfeiture set by the city, district or issuing agency. California Penal Code (PC) 1465.5  An assessment of two dollars ($2) for every ten dollars ($10) or fraction thereof, for every fine, forfeiture, or parking penalty imposed and collected for violation of Section 22507.8 of the Vehicle Code, may be imposed by each county upon the adoption of a resolution by the board of supervisors.  Section 22507.8 states (in summary) that a) It is unlawful for any person to park or leave standing any vehicle in a stall or space designated for disabled persons, unless the vehicle displays either a special identification license plate issued; and b) It is unlawful for any person to obstruct, block, or otherwise bar access to those parking stalls or spaces except as provided in subdivision (a).  This penalty imposed is in addition to the parking citation issued; the cost is $2 for every $10 of the parking citation issued. California Vehicle Code (VC) 40225  The civil penalty for each equipment violation, including failure to properly display a license plate, is the amount established for the violation in the Uniform Bail and Penalty Schedule, as adopted by the Judicial Council, except that upon proof of the correction to the processing agency, the penalty shall be reduced to twenty- five dollars ($25).  Fifty percent (50%) of any penalty collected pursuant to this section for registration or equipment violations by a processing agency shall be paid to the county for remittance to the State Treasurer and the remaining 50 percent shall be retained by the issuing agency and processing agency subject to the terms of the contract described in Section 40200.5. Parking Citation Processing 9 Packet Pg. 184 The City contracts with Data Ticket, Inc. to provide processing services of bails, fines and forfeiture thereof, in connection with the issuance of administrative citations pursuant to the City’s municipal code, other debts as specified by the City and for the issuance of parking citations pursuant to the laws of the State of California. Data Ticket charges a $2.50 fee for every citation processed. They process all Grand Terrace citations issued in the City. These include citations issued by:  City’s Senior Code Enforcement Officer;  Sheriff Department deputies; and  Sheriff Department’s Citizens on Patrol (COPs). Part of the citation processing services provided by Data Ticket includes additional collection should the citation not be paid. After obtaining the name and address of the registered vehicle owner while following all procedures specified by the Department of Motor Vehicles when identifying registered vehicle owners, Data Ticket provides collection services for:  Administrative Citations: 1. In accordance with the City’s municipal code, mailing delinquency notices to citizens who are not in compliance and who have not paid in full; 2. Notices will state that future actions will be taken in order to collect for the city; and 3. If still unpaid the debt will be submitted to the Franchise Tax Board for collections.  Parking Citations: 1. In accordance with State law, Data Ticket will generate and mail a delinquency notice to all identified registered owners of vehicles who fail to pay their parking citation fines; and 2. Data Ticket will interface with the California State Department of Motor Vehicles to place a hold on vehicle registrations having unpaid parking fines and fees due against those vehicles in accordance with the California Vehicle Code and any other applicable State and local laws. 3. The notification will be given within a reasonable period of time after issuance of a delinquency notice. The period of time will not exceed the time limits provided by state and local law. Data Ticket is not currently collecting the surcharges imposed under state law. Data Ticket can, if authorized by the City, collect and remit all parking citation surcharges directly to the County on the City’s behalf. Attached for City Council’s review is a flowchart provided by the County illustrating the applicable government codes and the increases over the last few years. FISCAL IMPACT: 9 Packet Pg. 185 There will be no impact upon the City general fund as surcharges are collected from those being fined and remitted to the County every month. RECOMMENDATION: Staff is recommending that City Council: 1. Direct staff to implement the State imposed parking citation surcharges on all parking citations issued in Grand Terrace as required by Government Codes 70372(b), 76000(b) and 76000.3; 2. Direct staff to implement California Penal Code 1465.5, an additional parking penalty imposed if the parking citation is issued to a vehicle stopped, standing or parked in a stall or space designated for disabled persons; 3. Direct staff to implement the State imposed parking violation surcharges on all “fix-it” tickets issued in Grand Terrace as required by Vehicle Code 40225; 4. Authorize the City Manager or his designee to take steps necessary to implement the collection and transmittal of these funds to the San Bernardino Auditor- Controller as required by Government Codes 70372(b), 76000(b) and 76000.3, Penal Code 1465.5 and Vehicle Code 40225. ATTACHMENTS:  Flowchart SB County 02092016 FINAL (PDF) APPROVALS: Cynthia Fortune Completed 02/17/2016 11:44 AM Finance Completed 02/17/2016 11:44 AM City Attorney Completed 02/17/2016 4:05 PM City Manager Completed 02/18/2016 2:51 PM City Council Pending 02/23/2016 6:00 PM 9 Packet Pg. 186 Source:San Bernardino Auditor-Controller AFTER SB425 (effective Jan. 1, 2008)AFTER SB1407 (effective Jan. 1, 2009)AFTER SB1021 (effective Jan. 1, 2011) Note: After passage of SB1407, the amount collected under GC70372(b) was increased from $1.50 per violation to $4.50 per violation. No portion of the $4.50 penalty authorized under this section is to be retained by the county. The $4.50 penalty is sent to the State as part of the monthly Judicial Fines remittance. Furthermore, the implementation of SB1407 did not affect the imposition of local parking penalties authorized under GC76000(b). Additional details relating to the $9.50 total penalty per violation can be found on the next worksheet, which provides accounting string information for surcharges authorized under GC70372 and GC76000. Note: Prior to the passage of SB425, the reduction text in GC70375(b) stated that the amount authorized by Section 70372 shall be reduced by "The amount collected for deposit into the local Courthouse Construction Fund established pursuant to Section 76100". Therefore, violations issued before January 1, 2008 were collected at a total of $5.00 per violation. With the passage of SB425, the $1.50 reduction in GC70375(b) was reworded to apply only towards "...the five-dollar ($5) penalty amount authorized by subdivision (a) of Section 70372..." which is collected by the courts and is not included in parking fine remittances processed by the county. However, many cities, college districts, and agencies overlooked this statutory change and were continuing to remit only $5.00 per violation. Note: After passage of SB1021, there was an additional $3.00 penalty imposed. The $3.00 penalty is sent to the State as part of the monthly Judicial Fines remittance. PENALTIES AUTHORIZED IN GC70372(b), GC76000(b) and GC76000.3 GC76000(b) COUNTY COURTHOUSE & CRIMINAL JUSTICE FACILITY CONSTRUCTION PENALTIES (GC76100 & GC76101) $5.00 GC70375(b)(1) AMT OF PENALTY UNDER 70372(a) REDUCED BY $1.50 (NO LONGER APPLIES TO GC70372(b) GC70372(b) STATE COURT CONSTRUCTION PENALTY WITH NO REDUCTION $1.50 GC70372(b) STATE COURT CONSTRUCTION PENALTY $1.50 GC70372(b) & GC76000(b) STATE COURT CONSTRUCTION PENALTIES $6.50 TOTAL GC76000(b) COUNTY COURTHOUSE & CRIMINAL JUSTICE FACILITY CONSTRUCTION PENALTIES (GC76100 & GC76101) $5.00 GC70375(b)(1) AMT OF PENALTY UNDER 70372(a) REDUCED BY $1.50 (NO LONGER APPLIES TO GC70372(b) GC70372(b) STATE COURT CONSTRUCTION PENALTY WITH NO REDUCTION $4.50 GC70372(b) STATE COURT CONSTRUCTION PENALTY $4.50 GC70372(b) & GC76000(b) STATE COURT CONSTRUCTION PENALTIES $9.50 TOTAL GC76000(b) COUNTY COURTHOUSE & CRIMINAL JUSTICE FACILITY CONSTRUCTION PENALTIES (GC76100 & GC76101) $5.00 GC70375(b)(1) AMT OF PENALTY UNDER 70372(a) REDUCED BY $1.50 (NO LONGER APPLIES TO GC70372(b) GC70372(b) STATE COURT CONSTRUCTION PENALTY WITH NO REDUCTION $4.50 GC70372(b) STATE COURT CONSTRUCTION PENALTY $4.50 GC70372(b) & GC76000(b) STATE COURT CONSTRUCTION PENALTIES $9.50 TOTAL GC76000.3 TRIAL COURT TRUST FUND PENALTY $3.00 TOTAL PENALTY $12.50 Attachment A 9.a Packet Pg. 187 At t a c h m e n t : F l o w c h a r t S B C o u n t y 0 2 0 9 2 0 1 6 F I N A L ( 1 8 5 6 : P a r k i n g C i t a t i o n S u r c h a r g e s )