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06/21/2016 - SPCITY OF GRAND TERRACE CITY COUNCIL AGENDA ● JUNE 21, 2016 Council Chambers Special Meeting 6:30 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 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. PUBLIC COMMENT This is the opportunity for members of the public to comment on items on the agenda only. At a special meeting of the City Council, pursuant to California law, the City Council will only be taking public comment on items listed on the agenda. B. UNFINISHED BUSINESS 1. Amendment to the Contract for the Summer Swim Program RECOMMENDATION: Approve the amendment to the agreement with Boys and Girls Club of Greater Redlands-Riverside to operate the City of Grand Terrace’s 2016 Summer Swim Program. DEPARTMENT: CITY MANAGER Agenda Grand Terrace City Council June 21, 2016 City of Grand Terrace Page 2 2. Continue Deliberations of the Special Revenue Funds – Child Care Fund of the Budget for Fiscal Year 2016-2017 and Adopt the Proposed Rates for the FY2016-17 Child Care Services Department RECOMMENDATION: 1. Continue deliberations on the FY2016-17 Child Care Services rates; 2. Approve and adopt the FY2016-17 Child Care Services rates; and 3. Approve the contracts for the Child Care Services programs. DEPARTMENT: FINANCE/CHILD CARE SERVICES 3. Continue Deliberations of the Budget for Fiscal Year 2016-2017 RECOMMENDATION: 1. Continue Deliberations on the City of Grand Terrace Annual Budget for Fiscal Year 2016-2017; 2. Approve proposed budget requests as presented by each Department; and 3. Direct staff to prepare the FY2016-17 Budget in accordance with the approved items above and return to City Council for adoption on June 28, 2016. DEPARTMENT: FINANCE ADJOURN The Next Regular City Council Meeting will be held on Tuesday, June 28, 2015 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. AGENDA REPORT MEETING DATE: June 21, 2016 Council Item TITLE: Amendment to the Contract for the Summer Swim Program PRESENTED BY: G. Harold Duffey, City Manager RECOMMENDATION: Approve the amendment to the agreement (Attachment I) with Boys and Girls Club of Greater Redlands-Riverside to operate the City of Grand Terrace’s 2016 Summer Swim Program. 2030 VISION STATEMENT: This staff report supports Goal #4 to develop and implement successful partnerships by working collaboratively with community groups to facilitate the delivery of services benefitting youth, seniors and our community. BACKGROUND/DISCUSSION On May 24, 2016, the City Council approved the agreement (Attachment II) with the Boys and Girls Club of Greater Redlands-Riverside to operate the City of Grand Terrace’s 2016 Summer Swim program in the amount of $16,000. The Boys and Girls Club requested to have Section 7 of the agreement be amended to provide them mutual indemnification. The original agreement approved by the Council did not provide for this type of mutual indemnification; therefore, staff needed to bring back this amendment to the agreement for Council approval. FISCAL IMPACT: This amendment does not have any fiscal impact to the orginal agreement. ATTACHMENTS:  Attachment I - Amendment Boys Girls Club Summer Swim Program(PDF)  Attachment II - Agreement Boys & Girls Club (PDF) APPROVALS: G. Harold Harold Duffey Completed 06/20/2016 2:11 PM City Attorney Completed 06/20/2016 2:14 PM Finance Completed 06/20/2016 2:17 PM City Manager Completed 06/20/2016 6:06 PM 1 Packet Pg. 3 City Council Pending 06/21/2016 6:30 PM 1 Packet Pg. 4 ATTACHMENT I Page 1 of 2 AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES THIS AMENDMENT ("Amendment")is made as of this 21st day of June, 2016 by and between the CITY OF GRAND TERRACE ("City")and Boys &Girls Club of Greater Redlands -Riverside ("Consultant"). Recitals A.City entered into an Agreement with Consultant on May 24th, 2016, to provide swim classes (the “Agreement”); and B.The parties desire amend the Agreement to provide for mutual indemnification. NOW, THEREFORE, in consideration of the mutual terms and conditions set forth in the Agreement, the Parties hereby amend the Agreement as follows: 1.Section 7 of the Agreement is amended to read as follows: 7.HOLD HARMLESS;INDEMNIFICATION. (a)Consultant hereby agrees to protect,indemnify and hold City and its employees,officers and servants free and harmless from any and all losses,claims,liens,demands and causes of action of every kind and character including,but not limited to,the amounts of judgment,interests, court costs,legal fees and other expenses incurred by the City arising in favor of any party,including claims,liens,debts,personal injuries, including employees of the City,death or damages to property (including property of the City)and without limitation by enumeration,all other claims or demands of every character occurring or arising directly out of the negligent acts,recklessness or willful misconduct of Consultant in the performance of its services under this Agreement. (b)City hereby agrees to protect,indemnify and hold Consultant and its employees,officers and servants free and harmless from any and all losses,claims,liens,demands and causes of action of every kind and character including,but not limited to,the amounts of judgment,interests, court costs,legal fees and other expenses incurred by the Consultant arising in favor of any party,including claims,liens,debts,personal injuries,including employees of the Consultant,death or damages to property (including property of the Consultant)and without limitation by enumeration,all other claims or demands of every character occurring or arising directly out of the negligent acts,recklessness or willful misconduct of City in the performance of this Agreement. 1.a Packet Pg. 5 At t a c h m e n t : A t t a c h m e n t I - A m e n d m e n t B o y s G i r l s C l u b S u m m e r S w i m P r o g r a m ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) ATTACHMENT I Page 2 of 2 (c)Notwithstanding the foregoing, the Parties shall not be liable for the defense or indemnification of the other party for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the indemnifying party. In addition, this provision is not intended to create any cause of action in favor of any third party against Consultant,or the City or to enlarge in any way the Consultant's liability but is intended solely to provide for indemnification for liability for damages or injuries to third persons or property arising from negligent performance hereunder. 2.All other provisions of the Agreement shall remain in full force and effect. This Amendment with the Agreement shall be construed together and shall constitute one Agreement. Dated: "CITY" By: G. Harold Duffey,City Manager ATTEST:APPROVED AS TO FORM Pat Jacquez-Nares,City Clerk Richard L.Adams II, City Attorney Dated: "CONSULTANT" By: 1.a Packet Pg. 6 At t a c h m e n t : A t t a c h m e n t I - A m e n d m e n t B o y s G i r l s C l u b S u m m e r S w i m P r o g r a m ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 7 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 8 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 9 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 10 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 11 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 12 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 13 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) This page left intentionally blank. 1.b Packet Pg. 15 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 16 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 17 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 18 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 19 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 20 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 21 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 22 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 23 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 24 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 25 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 26 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) 1.b Packet Pg. 27 At t a c h m e n t : A t t a c h m e n t I I - A g r e e m e n t B o y s & G i r l s C l u b ( 1 9 5 0 : S u m m e r S w i m P r o g r a m A m e n d m e n t ) This page left intentionally blank. AGENDA REPORT MEETING DATE: June 21, 2016 Council Item TITLE: Continue Deliberations and Adopt the Proposed Rates for the FY2016-17 Child Care Services Department PRESENTED BY: Linda Phillips, Director of Child Care Services RECOMMENDATION: 1. Continue deliberations on the FY2016-17 Child Care Services rates; 2. Approve and adopt the FY2016-17 Child Care Services rates; and 3. Approve the contracts for the Child Care Services programs. 2030 VISION STATEMENT: This staff report supports Goal #1 - Ensuring Our Fiscal Viability through exploration of creative means to provide services and ensure appropriate cost recovery for services. BACKGROUND: On June 14, 2016, City Council was presented with the FY2016-17 proposed rates from the Child Care Services Department that represents full cost recovery of the department’s day-to-day operations. DISCUSSION: FY 2016-17 Child Care Teacher-Enrollee Requirements For the 2016-17 fiscal year, the classes offered by the Child Care Program will be based on the community’s needs for those classes. This means:  Classes offered will need to meet a specific number of enrollees; if the class does not meet that specific requirement, it will only take place when there are the required enrollees.  The specific prerequisite for a class will be based on the required teacher to enrollee ratio. For example:  If a class requires 14 enrollees in order to meet the requirement for a single teacher but only 12 enroll, the class would not be established, until there is 14;  If a class requires 14 enrollees in order to meet the requirement for a single teacher but 16 enroll, only one class would be established. The other applicants will be put on a waiting list until such waiting list totals 14 to create a 2nd class;  If a class requires 14 enrollees in order to meet the requirement for a single 2 Packet Pg. 28 teacher but 30 enroll, two classes would be established. The other applicants will be put on a waiting list until such waiting list totals 14 to create 3rd class. This approach will better align the Child Care Program with the needs of the Grand Terrace Community, as well as remove expenditures from classes that would not contribute to the Program’s need to be self-sustaining. Child Care Rate Increase Staff has informed all current, enrolled families at the Child Care Center that the existing rates may go up effective July 1, 2016. The increased fees will not exceed the cost of providing the services. Child Care Services has begun a cost recovery status for 2016-2017. It was then determined what the true cost was per child, per program. Services per child include; salaries and benefits, cost allocation, classroom supplies, food, annual licensing fees, rent and alarm, electric, water, gas and cleaning. Attached for City Council’s approval are the proposed twelve-month contracts for each program offered at the Child Care Services Department: Tiny Tots, Before & After School Care and the Pre-School Program. FISCAL IMPACT: The Child Care Program, as of June 30, 2015, has a negative fund balance of ($132,868). This is due mainly to the Program’s portion of the City’s CalPERS Unfunded Accrued Liability (UAL). The Program’s projected unfunded accrued liability for FY2015-16 is $140,000, increasing that negative fund balance to $272,868 by June 30, 2016. The FY2016-17 proposed rates submitted for City Council approval only reflect operating revenues and expenditures and do not cover the Program’s FY2016-17 unfunded accrued liability. The program’s projected liability for FY2016-17 is $148,000. ATTACHMENTS:  Resolution for 2016-17 Child Care Rates (DOC)  Proposed 2016-17 Child Care Services Rates (PDF)  Proposed 2016-17 Child Care Services Budget (PDF) APPROVALS: Linda Phillips Completed 06/20/2016 3:49 PM City Attorney Completed 06/20/2016 3:56 PM Finance Completed 06/20/2016 5:33 PM City Manager Completed 06/20/2016 6:36 PM 2 Packet Pg. 29 City Council Pending 06/21/2016 6:30 PM 2 Packet Pg. 30 RESOLUTION NO. 2016-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADJUSTING THE FEES FOR THE CITY OF GRAND TERRACE CHILD CARE SERVICES WHEREAS, the City Council at their meeting of June 9, 2015, established updated fees for services provided by Grand Terrace Child Care Services and were effective for Fiscal year 2015-16; and WHEREAS, California passed AB10, which approved the first minimum wage increase since 2008 and raised the California minimum wage from $8.00/hour to $9.00/hour effective July 1, 2014 and raises the California minimum wage from $9.00/hour to $10.00/hour effective July 1, 2015; and WHEREAS, it was determined that classes for the Child Care Program will be established only if a specific number of persons are enrolled, and the rates for these classes would be sufficient to cover the fund’s operating expenditures. The fees will not exceed the cost of providing the services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council hereby establishes the fees for services provided by the City of Grand Terrace Child Care Services as shown in attachment A. Section 2. Established fees for services provided by the City of Grand Terrace Child Care Services shall become effective July 1, 2016. PASSED, APPROVED AND ADOPTED this 21st day of June, 2016. Mayor of the City of Grand Terrace ATTEST: City Clerk of the City of Grand Terrace 2.a Packet Pg. 31 At t a c h m e n t : R e s o l u t i o n f o r 2 0 1 6 - 1 7 C h i l d C a r e R a t e s ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 C h i l d 2 I, PAT JACQUES-NARES, CITY CLERK of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a special meeting of the City Council of the City of Grand Terrace held on the 21st day of June, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Pat Jacques-Nares, City Clerk APPROVED AS TO FORM: City Attorney 2.a Packet Pg. 32 At t a c h m e n t : R e s o l u t i o n f o r 2 0 1 6 - 1 7 C h i l d C a r e R a t e s ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 C h i l d This page left intentionally blank. 1 of 2 TINY TOTS (Monthly Rate - 11 Months) Program Rate (Average) # of Enrollees Monthly Revenue Annual Revenue Range Rate # of Enrollees Monthly Revenue Annual Revenue Monthly Increase % increase TINY TOTS $145.04 44 $6,381.76 $70,199.36 $215.15 24 $5,163.55 $56,799.00 $70.11 48.34% Required No. of Teachers: (2 Part-time Teachers @ 1,040 hrs. each)1 Cost: Salaries & Benefits (Teachers)$38,844.00 Salaries & Benefits (Admin)$5,655.00 Expense $3,900.00 Overhead Cost Allocation $8,400.00 $56,799.00 AFTER SCHOOL (Weekly Rate - 50 Weeks) Program Rate (Average) # of Enrollees Monthly Revenue Annual Revenue Rate # of Enrollees Monthly Revenue Annual Revenue Weekly Increase % increase BEFORE & AFTER CARE $97.76 44 $4,301.44 $215,072.00 $119.45 56 $6,689.02 $334,451.02 $21.69 22.18% Required No. of Teachers: (4 F/T & 1 P/T)3.75 Cost: Salaries & Benefits (Teachers)147,270.50 Salaries & Benefits (Admin)109,460.50 Expense $21,720.02 Overhead Cost Allocation $56,000.00 Total Before & After Care $334,451.02 PRE SCHOOL (Weekly Rate - 50 Weeks) Program Rate (Average) # of Enrollees Monthly Revenue Annual Revenue Rate # of Enrollees Monthly Revenue Annual Revenue Weekly Increase % increase KANGAROOS $222.30 16 $3,556.80 $177,840.00 $233.13 16 $3,730.02 $186,500.75 $10.83 4.87% Required No. of Teachers: (4 F/T & 1 P/T)4.25 Cost: Salaries & Benefits (Teachers)$149,318.00 Salaries & Benefits (Admin)$14,463.75 Expense 3,519.00 Overhead Cost Allocation $19,200.00 $186,500.75 GAMs (Giraffes, Alligators, Monkeys & Turtles $169.90 48 $8,155.20 $407,760.00 $187.53 48 $9,001.56 $450,077.75 $17.63 10.38% Required No. of Teachers: (4 F/T & 1 PT)4.5 Cost: Salaries & Benefits (Teachers)$200,616.00 Salaries & Benefits (Admin)$105,668.75 Expense 68,193.00 Overhead Cost Allocation $75,600.00 $450,077.75 TOTAL PRE-SCHOOL Minimum No. of Enrollees 64 Required No. of Teachers: (8 Full-time Teachers & 2 Part-time Teachers)8.75 Cost: Salaries & Benefits (Teachers)$349,934.00 Salaries & Benefits (Admin)$120,132.50 Expense $71,712.00 Overhead Cost Allocation $94,800.00 TOTAL $636,578.50 2015-16 2016-17 City of Grand Terrace Child Care Services 2015-16 2016-17 2015-16 2016-17 2.b Packet Pg. 33 At t a c h m e n t : P r o p o s e d 2 0 1 6 - 1 7 C h i l d C a r e S e r v i c e s R a t e s ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 C h i l d C a r e S e r v i c e s D e p a r t m e n t ) 2 of 2 City of Grand Terrace Child Care Services Minimum number of Enrollees:144 Teachers - Full-time 10 Teachers - Part-time 7 Required No. of Support Staff: Back-up Teachers (part-time)2 Office Staff 1 Cook 1 Management (Dir. & Asst. Dir)2 Cost: Salaries & Benefits (Teachers)$536,048.50 Salaries & Benefits (Admin)$235,248.00 Expense $97,332.02 Overhead Cost Allocation $159,200.00 TOTAL $1,027,828.52 Nutrition Program Grant $30,000.00 TOTAL CHILD CARE SERVICES $1,057,828.52 TOTAL CHILD CARE SERVICES Required No. of Teachers: (10 Full-time Teachers & 7 Part-time Teachers) 2.b Packet Pg. 34 At t a c h m e n t : P r o p o s e d 2 0 1 6 - 1 7 C h i l d C a r e S e r v i c e s R a t e s ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 C h i l d C a r e S e r v i c e s D e p a r t m e n t ) 09-441 09-445 09-446 09-447 NUTRITION PROGRAM TINY TOTS AFTER SCHOOL PRE-SCHOOL TOTAL Revenues 1 Property Tax -$ -$ -$ -$ -$ 2 Sales Tax - - - - - 3 Franchise Fees - - - - - 4 Licenses, Fees & Permits - - - - - 5 Residual Receipts - RPTTF - - - - - 6 Gas Tax - - - - - 7 Wastewater Receipts - - - - - 8 Intergovernmental Revenue/Grants - - - - - 9 Charges for Services 30,000 56,800 334,450 636,580 1,057,830 10 Use of Money & Property - - - - - Fines & Forfeitures - - - - - Miscellaneous - - - - - 11 Transfers In - - - - - Total Revenues 30,000 56,800 334,450 636,580 1,057,830 Expenditures 1 Salaries - 31,980 182,220 331,910 546,110 2 Benefits - 12,520 74,510 138,150 225,180 3 Materials & Supplies 30,000 1,000 15,500 13,020 59,520 4 Professional/Contractual Services - 2,900 6,220 41,200 50,320 5 Utilities 17,500 17,500 6 Lease of Facility/Equipment - 7 Equipment - 10 Overhead Cost Allocation - 8,400 56,000 94,800 159,200 11 Transfers Out - - - - - Total Expenditures 30,000 56,800 334,450 636,580 1,057,830 Net - - - - - City of Grand Terrace FY 2016-17 Proposed Revenue & Expense Summary Child Care Services Fund 2.c Packet Pg. 35 At t a c h m e n t : P r o p o s e d 2 0 1 6 - 1 7 C h i l d C a r e S e r v i c e s B u d g e t ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 This page left intentionally blank. CITY OF GRAND TERRACE CHILD CARE SERVICES AGREEMENT PRESCHOOL PROGRAM THIS AGREEMENT is made and entered into this __ day of _____, 20__ (“Effective Date”), by and between the CITY OF GRAND TERRACE, a municipal corporation (“City”), and ___________, (“Customer”) who is the Parent or legal Guardian of a minor child. W I T N E S S E T H : WHEREAS, City and Customer propose to enter into an agreement whereby City provides childcare services to Customer as more fully described herein. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0.SERVICES PROVIDED BY CITY Scope of Services. City shall provide the Childcare Services described in the Preschool Program Description (“Preschool Program”),attached hereto as Exhibit “A” and incorporated herein by this reference. Customer agrees to comply with all provisions contained in Exhibit “A.” 2.0.COMPENSATION AND BILLING Compensation. Customer shall pay City in accordance with the fee information set forth in Exhibit “A.” 3.0.TERM AND TERMINATION Term. This Agreement shall commence on the Effective Date and continue for a period of one year,unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. Termination. City may terminate this agreement, without cause, immediately upon written notice to Customer. Customer may terminate this agreement, upon showing good cause, as determined in City’s sole discretion.For purposes of this this Section, good cause shall mean certain life unexpectancies, including but not limited to: loss of employment, loss of spouse, domestic partner, or guardian, change in custody of child, loss of subsidized funding, moving out of the City, termination by City, Customer’s financial difficulties, mutual agreement to terminate due to unsatisfactory services provided. If the Customer defaults in the performance of any of the terms or conditions of this Agreement, he/she shall have ten (10) days after service of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Customer fails to cure his/her default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2.d Packet Pg. 36 At t a c h m e n t : G T C h i l d C a r e A g r e e m e n t - P r e s c h o o l b j b r e v ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 2 4.0.GENERAL PROVISIONS 4.1.Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 4.2.Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 4.3.Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California.Customer agrees to submit to the personal jurisdiction of such court in the event of such action. 4.4.Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail.If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 4.5.Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 4.6.No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 4.7.Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 4.8.Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 2.d Packet Pg. 37 At t a c h m e n t : G T C h i l d C a r e A g r e e m e n t - P r e s c h o o l b j b r e v ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 3 4.9. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 4.10.Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 4.11.Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party,is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 4.12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 4.13.Release. Customer agrees to release and forever discharge and hold harmless the City and its officers, staff, agents, employees and subsidiaries, affiliates, sponsors, and suppliers (hereinafter collectively referred to as “Releasees”) from any and all liability, claims and demands of whatever kind and nature, either in law or in equity, which arises or may hereafter arise from my participation in the program that is the subject of this Agreement. I understand that this Release discharges the Releasees from any liability or claim that I may have against the Releasees with respect to any bodily injury, personal injury, illness, death or property damage that may result from my participation in the Event. Pursuant to California Civil Code § 1542, this Release extends to all claims and risks, whether known or unknown, at the time of its execution. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF GRAND TERRACE, A municipal corporation __________________________________Date: __________________________ Name, Title 2.d Packet Pg. 38 At t a c h m e n t : G T C h i l d C a r e A g r e e m e n t - P r e s c h o o l b j b r e v ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 4 CUSTOMER __________________________________Date: __________________________ Signature __________________________________ Name 2.d Packet Pg. 39 At t a c h m e n t : G T C h i l d C a r e A g r e e m e n t - P r e s c h o o l b j b r e v ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 5 EXHIBIT A PRESCHOOL PROGRAM DESCRIPTION 2.d Packet Pg. 40 At t a c h m e n t : G T C h i l d C a r e A g r e e m e n t - P r e s c h o o l b j b r e v ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 This page left intentionally blank. CITY OF GRAND TERRACE CHILD CARE SERVICES AGREEMENT SCHOOL AGE PROGRAM THIS AGREEMENT is made and entered into this __ day of _____, 20__ (“Effective Date”), by and between the CITY OF GRAND TERRACE, a municipal corporation (“City”), and ___________, (“Customer”) who is the Parent or legal Guardian of a minor child. W I T N E S S E T H : WHEREAS, City and Customer propose to enter into an agreement whereby City provides childcare services to Customer as more fully described herein. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0.SERVICES PROVIDED BY CITY Scope of Services. City shall provide the Childcare Services described in the School Age Program Description (“School Age Program”),attached hereto as Exhibit “A” and incorporated herein by this reference. Customer agrees to comply with all provisions contained in Exhibit “A.” 2.0.COMPENSATION AND BILLING Compensation. Customer shall pay City in accordance with the fee information set forth in Exhibit “A.” 3.0.TERM AND TERMINATION Term. This Agreement shall commence on the Effective Date and continue for a period of one year,unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. Termination. City may terminate this agreement, without cause, immediately upon written notice to Customer. Customer may terminate this agreement, upon showing good cause, as determined in City’s sole discretion. For purposes of this this Section, good cause shall mean certain life unexpectancies, including but not limited to: loss of employment, loss of spouse, domestic partner, or guardian, change in custody of child, loss of subsidized funding, moving out of the City, termination by City, Customer’s financial difficulties, mutual agreement to terminate due to unsatisfactory services provided. If the Customer defaults in the performance of any of the terms or conditions of this Agreement, he/she shall have ten (10) days after service of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Customer fails to cure his/her default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2.e Packet Pg. 41 At t a c h m e n t : G T C h i l d C a r e A g r e e m e n t - S c h o o l A g e b j b r e v ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 2 4.0.GENERAL PROVISIONS 4.1.Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 4.2.Attorneys’ Fees.In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 4.3.Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California.Customer agrees to submit to the personal jurisdiction of such court in the event of such action. 4.4.Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail.If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 4.5.Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 4.6.No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 4.7.Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 4.8.Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 2.e Packet Pg. 42 At t a c h m e n t : G T C h i l d C a r e A g r e e m e n t - S c h o o l A g e b j b r e v ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 3 4.9. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 4.10.Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 4.11.Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party,is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 4.12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 4.13.Release. Customer agrees to release and forever discharge and hold harmless the City and its officers, staff, agents, employees and subsidiaries, affiliates, sponsors, and suppliers (hereinafter collectively referred to as “Releasees”) from any and all liability, claims and demands of whatever kind and nature, either in law or in equity, which arises or may hereafter arise from my participation in the program that is the subject of this Agreement. I understand that this Release discharges the Releasees from any liability or claim that I may have against the Releasees with respect to any bodily injury, personal injury, illness, death or property damage that may result from my participation in the Event. Pursuant to California Civil Code § 1542, this Release extends to all claims and risks, whether known or unknown, at the time of its execution. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF GRAND TERRACE, A municipal corporation __________________________________Date: __________________________ Name, Title 2.e Packet Pg. 43 At t a c h m e n t : G T C h i l d C a r e A g r e e m e n t - S c h o o l A g e b j b r e v ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 4 CUSTOMER __________________________________Date: __________________________ Signature __________________________________ Name 2.e Packet Pg. 44 At t a c h m e n t : G T C h i l d C a r e A g r e e m e n t - S c h o o l A g e b j b r e v ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 5 EXHIBIT A SCHOOL AGE PROGRAM DESCRIPTION 2.e Packet Pg. 45 At t a c h m e n t : G T C h i l d C a r e A g r e e m e n t - S c h o o l A g e b j b r e v ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 This page left intentionally blank. CITY OF GRAND TERRACE CHILD CARE SERVICES AGREEMENT TINY TOT PROGRAM THIS AGREEMENT is made and entered into this __ day of _____, 20__ (“Effective Date”), by and between the CITY OF GRAND TERRACE, a municipal corporation (“City”), and ___________, (“Customer”) who is the Parent or legal Guardian of a minor child. W I T N E S S E T H : WHEREAS, City and Customer propose to enter into an agreement whereby City provides childcare services to Customer as more fully described herein. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0.SERVICES PROVIDED BY CITY Scope of Services. City shall provide the Childcare Services described in the Tiny Tot Program Description (“Tiny Tot Program”),attached hereto as Exhibit “A” and incorporated herein by this reference. Customer agrees to comply with all provisions contained in Exhibit “A.” 2.0.COMPENSATION AND BILLING Compensation. Customer shall pay City in accordance with the fee information set forth in Exhibit “A.” 3.0.TERM AND TERMINATION Term. This Agreement shall commence on the Effective Date and continue for a period of 11 months,unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. Termination. City may terminate this agreement, without cause, immediately upon written notice to Customer. Customer may terminate this agreement, upon showing good cause, as determined in City’s sole discretion. For purposes of this this Section, good cause shall mean certain life unexpectancies, including but not limited to: loss of employment, loss of spouse, domestic partner, or guardian, change in custody of child, loss of subsidized funding, moving out of the City, termination by City, Customer’s financial difficulties, mutual agreement to terminate due to unsatisfactory services provided. If the Customer defaults in the performance of any of the terms or conditions of this Agreement, he/she shall have ten (10) days after service of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Customer fails to cure his/her default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2.f Packet Pg. 46 At t a c h m e n t : G T C h i l d C a r e A g r e e m e n t - T i n y T o t b j b r e v ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 C h i l d 2 4.0.GENERAL PROVISIONS 4.1.Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 4.2.Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 4.3.Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California.Customer agrees to submit to the personal jurisdiction of such court in the event of such action. 4.4.Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail.If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 4.5.Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 4.6.No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 4.7.Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 4.8.Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 2.f Packet Pg. 47 At t a c h m e n t : G T C h i l d C a r e A g r e e m e n t - T i n y T o t b j b r e v ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 C h i l d 3 4.9. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 4.10.Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 4.11.Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party,is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 4.12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 4.13.Release. Customer agrees to release and forever discharge and hold harmless the City and its officers, staff, agents, employees and subsidiaries, affiliates, sponsors, and suppliers (hereinafter collectively referred to as “Releasees”) from any and all liability, claims and demands of whatever kind and nature, either in law or in equity, which arises or may hereafter arise from my participation in the program that is the subject of this Agreement. I understand that this Release discharges the Releasees from any liability or claim that I may have against the Releasees with respect to any bodily injury, personal injury, illness, death or property damage that may result from my participation in the Event. Pursuant to California Civil Code § 1542, this Release extends to all claims and risks, whether known or unknown, at the time of its execution. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF GRAND TERRACE, A municipal corporation __________________________________Date: __________________________ Name, Title 2.f Packet Pg. 48 At t a c h m e n t : G T C h i l d C a r e A g r e e m e n t - T i n y T o t b j b r e v ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 C h i l d 4 CUSTOMER __________________________________Date: __________________________ Signature __________________________________ Name 2.f Packet Pg. 49 At t a c h m e n t : G T C h i l d C a r e A g r e e m e n t - T i n y T o t b j b r e v ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 C h i l d 5 EXHIBIT A TINY TOT PROGRAM DESCRIPTION 2.f Packet Pg. 50 At t a c h m e n t : G T C h i l d C a r e A g r e e m e n t - T i n y T o t b j b r e v ( 1 9 5 1 : C o n t i n u e D e l i b e r a t i o n s a n d A d o p t t h e P r o p o s e d R a t e s f o r t h e F Y 2 0 1 6 - 1 7 C h i l d This page left intentionally blank. AGENDA REPORT MEETING DATE: June 21, 2016 Council & Successor Agency Item TITLE: Continue Deliberations of the Budget for Fiscal Year 2016- 2017 PRESENTED BY: Cynthia Fortune, Finance Director RECOMMENDATION: 1. Continue Deliberations on the City of Grand Terrace Annual Budget for Fiscal Year 2016-2017; 2. Approve proposed budget requests as presented by each Department; and 3. Direct staff to prepare the FY2016-17 Budget in accordance with the approved items above and return to City Council for adoption on June 28, 2016. 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 Proposed Budget for Fiscal Year (FY) 2016-17 was introduced on June 14, 2016. City Council was presented with the FY2016-17 Proposed Budget, proposed budget requests and use of fund balance for certain Special Revenue funds. DISCUSSION FY2016-17 PROPOSED BUDGET BY FUND City Council was presented with the FY2016-17 Revenue and Expenditure budgets by Fund. Staff is recommending two (2) adjustments: 1. Request the addition of the purchase of two (2) Automated License Plate Reader Cameras (cost is $15,000 each) from the Traffic Safety Fund (Fund 17); and 2. Removal of the requested capital projects appropriation from the Capital Improvement Projects Fund (Fund 46). Automated License Plate Reader (ALPR) Cameras: The Sheriff patrol cars are equipped with ALPRs. These cameras are able to scan any license plate and run the data through the local and state databases that provide information on lost and stolen vehicles, tickets and/or outstanding warrants on the 3 Packet Pg. 51 vehicle owners. Staff believes that the purchase of 2 ALPRs for the City mounted to watch certain traffic lanes on the City’s main streets will provide the Sheriff’s Department with another tool for law enforcement to keep citizens safe within the community. Removal of the Capital Improvement Projects (CIP) Fund Appropriation The City’s proposed budget included an appropriation in the CIP Fund (Fund 46) in the amount of $342,000 as a placeholder for street and road projects. However, the Public Works Director will be returning to City Council in October-2017 with a proposed FY2016-17 Comprehensive CIP Program budget detailing all transportation projects. Staff is requesting that this appropriation be removed from the FY2016-17 Operating Budget. The Table below lists all the proposed revenue and expenditure budgets with the adjustments listed above: FY2016-17 BUDGET BY FUND FUND 2016-17 Proposed Revenue 2016-17 Proposed Expenditure Proposed Surplus or Use of Fund Balance 09 Child Care Services Fund $1,057,830 $1,057,830 $- 10 General Fund 4,781,700 4,648,124 133,576 11 Street Fund 1,000 - 1,000 12 Storm Drain Fund 600 - 600 13 Park Fund (Development Impact Fees) 500 101,000 (100,500) 14 Supplemental Law Enforcement Svcs (SLESF) Fund 100,000 100,000 - 15 Air Quality Management District (AQMD) Fund 13,100 5,000 8,100 16 Gas Tax Fund 371,000 478,674 (107,674) 17 Traffic Safety Fund 15,000 30,000 (15,000) 19 Facilities Fund 400 0 400 20 Measure "I" Fund 180,200 82,435 97,765 21 Waste Water Disposal Fund 2,000 0 2,000 22 Community Development Block Grant 48,456 48,456 - 25 Spring Mtn. Mitigation Fees 400 0 400 26 Landscape & Lighting Assessment District 18,434 18,434 - 31 Succ Agency (RPTTF Receipts) 2,263,046 2,230,078 32,968 32 Succ Agency (Admin/Capital Projects) 252,090 251,910 180 33 Succ Agency (Debt Service) 1,977,988 1,977,988 - 36 2011 TABS A & B Bond Proceeds 48,000 48,000 - 46 Capital Improvement Projects (CIP) - Streets 342,000 342,000 - 3 Packet Pg. 52 FY2016-17 BUDGET BY FUND FUND 2016-17 Proposed Revenue 2016-17 Proposed Expenditure Proposed Surplus or Use of Fund Balance 52 Succ Agency Housing Authority - 9,700 (9,700) 61 Community Benefits Fund 25,000 25,000 - 64 Public Safety Fund - 202,374 (202,374) 65 Senior Bus Program Fund 60,178 60,178 - 66 CalRecycle Grand Fund 5,000 5,000 - 70 Fixed Asset Fund - 138,549 (138,549) 73 Active Transportation Program (ATP) Cycle 2 280,000 280,000 - SUB-TOTAL $11,843,922 $12,140,730 ($296,808) Less: Fund 46 – CIP Street (342,000) (342,000) - REVISED TOTAL $11,501,922 $11,798,730 ($296,808) DEPARTMENT BUDGET REQUESTS City Council was presented with the FY2016-17 proposed budget requests. Each Department Director will be presenting their budget requests and will provide detailed justification for their requests. Below is a summary of departmental budget requests: City Manager’s Office: Position Request: Assistant City Manager Effective Start Date: January 1, 2017 FUNDING SOURCEs AMOUNT General Fund $40,000 Measure “I” Fund $40,000 Park Fund (DIF) $40,000 TOTAL (6-month cost for salaries & benefits) $120,000 City Clerk’s Office: Expenditure Request: Increase Information Technology (IT) costs FUNDING SOURCEs AMOUNT General Fund $5,000 TOTAL $5,000 Planning & Development Services: Position Requests: 1. Assistant Planner (Full-time) 2. Code Enforcement Specialist (Part-time) Effective Start Date: July 1, 2016 Funding Source: General Fund FUNDING SOURCEs Total Cost Less: Prior approved salary allocations Proposed Amount Assistant Planner $70,000 ($24,000) $46,000 3 Packet Pg. 53 Code Enforcement Specialist $32,000 ($26,250) $5,750 TOTAL (Salaries & Benefits) $102,000 ($50,250) $51,750 Expenditure Requests (as shown in the Table below) Description Amount Additional Building Official services $3,600 Additional Code Enforcement supplies $2,700 City-view web-based GIS software & maintenance $5,200 Planning Commissioner Academy $2,500 TOTAL General Fund $14,000 Public Works: Position Request: Maintenance Worker I Effective Start Date: July 1, 2016 FUNDING SOURCEs Total Less: P/T Maint. Lead salary costs Proposed Amount General Fund $12,500 ($12,500) $0 Gas Tax Fund $25,000 ($16,500) $8,500 Measure “I” Fund $12,500 0 $12,500 TOTAL (Salaries & Benefits) $50,000 (29,000) $21,000 Non-Departmental: Expenditure Requests (as shown in the Table below) Description Amount Elimination of Furloughs (effective January 1, 2017) $25,000 Re-funding of the Community Benefits Fund $25,000 Payment of City Hall debt service to Zions Bank $1,037,662 TOTAL General Fund $1,087,662 GENERAL FUND REVENUE & EXPENSE As presented to City Council on June 14, 2016, below is the General Fund’s proposed revenues & expenditures based on the requests listed above: DESCRIPTION 2016-17 Proposed REVENUES Property Tax $1,674,000 Residual Receipts - RPTTF 778,000 S/A Property Receipts 260,000 Franchise Fees 500,000 Licenses, Fees & Permits 327,700 Sales Tax 858,000 Econ. Incentive Agreement (120,000) Intergovernmental Revenue/Grants 5,000 Charges for Services 114,700 Fines & Forfeitures 58,500 Miscellaneous 2,800 Use of Money & Property 23,000 3 Packet Pg. 54 Wastewater Receipts 300,000 TOTAL REVENUES $4,781,700 EXPENDITURES City Council $60,396 City Manager 465,152 City Clerk 223,746 City Attorney 65,000 Finance 510,140 Planning & Development Svcs 731,568 Public Works 650,084 Public Safety 1,722,600 Non-Departmental 219,437 TOTAL EXPENDITURES $4,648,124 NET (Revenues less Expenditures) $133,576 Beginning Fund Balance $1,580,595 Net Surplus or (Deficit) $133,576 Ending Fund Balance $1,714,171 FUND BALANCE As presented to City Council on June 14, 2016 staff is proposing to pay off the City Hall loan with Zions Bank. Below is the Table provided to City Council during the introduction of the budget: General Fund Amount Projected Fund Balance, June 30, 2016 $1,579,200 Less: Zion's Bank Loan Payment ($1,037,662) Net Fund Balance, June 30, 2017 $541,538 Net surplus, General Fund (as shown in above) $133,576 Revised FUND BALANCE, June 30, 2017 (15.0%) $675,114 Below is the General Fund’s 5-year revenue and expenditure projections summary showing different scenarios. Below each scenario shows the percentage (%) of reserve (16.7% or two months of revenues), as recommended by the Governmental Accounting Standards Board (GASB). 1. Scenario #1 – 5-year Revenue & Expense projections without any use of Fund Balance; 2. Scenario #2 – 5-year Revenue & Expense projections with the approval of the Zions Bank loan; 3. Scenario #3 – 5-year Revenue & Expense projections with approval of the loan and assuming the Child Care Services unfunded accrued liability; and 4. Scenario #4 – 5-year Revenue & Expense projections assuming the Child Care Services unfunded accrued liability only. 3 Packet Pg. 55 General Fund Five-Year Projection (assuming Loan Payment is approved) 2016-17 2017-18 2018-19 2019-20 2020-21 Proposed Projected Projected Projected Projected Revenues 4,781,700 4,736,434 4,831,987 4,933,530 5,039,315 Expenditures (4,648,124) (4,690,277) (4,787,805) (4,889,405) (4,995,252) Net - Surplus/(Deficit) 133,576 46,157 44,182 44,125 44,063 SCENARIO #1 – Not using Fund Balance Beginning Fund Balance 1,579,200 1,712,776 1,758,933 1,803,115 1,847,240 Net - Surplus/(Deficit) 133,576 46,157 44,182 44,125 44,063 Ending Fund Balance 1,712,776 1,758,933 1,803,115 1,847,240 1,891,303 % of Reserve 38% 39% 40% 41% 42% SCENARIO #2 – Approval of Payment for Zions Bank Loan Beginning Fund Balance 1,579,200 675,114 721,271 765,453 809,578 Less: Loan Payment (1,037,662) - - - - 541,538 675,114 721,271 765,453 809,578 Net - Surplus/(Deficit) 133,576 46,157 44,182 44,125 44,063 Ending Fund Balance 675,114 721,271 765,453 809,578 853,641 % of Reserve 15% 16% 17% 18% 19% SCENARIO #3 – Assume Child Care CalPERS Liability only Beginning Fund Balance 1,579,200 1,564,956 1,463,113 1,359,295 1,255,420 Less: Child Care liability (147,820) (148,000) (148,000) (148,000) (148,000) 1,431,380 1,416,956 1,315,113 1,211,295 1,107,420 Net - Surplus/(Deficit) 133,576 46,157 44,182 44,125 44,063 Ending Fund Balance 1,564,956 1,463,113 1,359,295 1,255,420 1,151,483 % of Reserve 35% 32% 30% 28% 25% SCENARIO #4 – Payment of Zions Bank Loan & Assume Child Care CalPERS Liability Beginning Fund Balance 1,579,200 527,294 425,451 321,633 217,758 Less: Loan Payment (1,037,662) - - - - Less: Child Care liability (147,820) (148,000) (148,000) (148,000) (148,000) 393,718 379,294 277,451 173,633 69,758 Net - Surplus/(Deficit) 133,576 46,157 44,182 44,125 44,063 Ending Fund Balance 527,294 425,451 321,633 217,758 113,821 % of Reserve 12% 9% 7% 5% 3% SPECIAL REVENUE FUNDS The table below lists all the funds whose proposed expenditure appropriations are requesting the use of fund balance. These are mainly due to projects previously approved by City Council and are continuing into the next fiscal year. All funds listed below have sufficient fund balance to cover all requested expenditure appropriations. 3 Packet Pg. 56 FUND Beginning Fund Balance Proposed Revenue Proposed Expense Proposed Use of Fund Balance Ending Fund Balance 13 Park Fund (Development Impact Fees) $254,895 $500 $101,000 ($100,500) $154,395 To continue the City Council approved project for the assessment of existing City Parks, their ability to support expanded recreational programs; design, planning and cost estimates for the development of three new parks (Dog Park, Skate Park and Blue Mountain Nature Trail) - MIG, Inc. 16 Gas Tax Fund $380,247 $371,000 $478,673 ($107,673) $272,574 To continue the use of Gas Tax funds for road and transportation projects which will include enhance striping, patching, and maintenance. 52 Succ Agency Housing Authority $15,235 $0 $9,700 ($9,700) $5,535 SB371, AB 341, the new Health codes for the Housing Successor Agency, requires that financial information and disclosures are issued within six months after the City's fiscal year- end. The City's auditors, LSL prepare the financial documents for the Housing Successor. 64 Public Safety Fund $206,000 $0 $202,374 ($202,374) $3,626 In FY2015-16, City Council approved Quality of Life Enhancements and Preservation Projects (QLEAP) which included funding for additional public safety services. This appropriation will continue the use of these funds for additional public safety services. 70 Fixed Asset Fund $413,549 $0 $138,549 ($138,549) $275,000 In FY2015-16, City Council approved several line item projects using funds that were transferred to the Fixed Asset Fund. This appropriation will continue the use of these funds for the following projects: Agenda Processing application improvements, Electronic Records Retention system, and the On-line Permitting System. 17 Traffic Safety Fund $33,785 $15,000 $30,000 ($15,000) $18,785 On June 14, 2016, staff requested that City Council consider the purchase of 2 Automated License Plate Reader (ALPR) cameras as part of the FY2016-17 budget. The Sheriff's Dept. would like to place 2 ALPR cameras to provide another tool for law enforcement to keep citizens safe within the community. SPECIAL REVENUE FUND – CHILD CARE SERVICES FUND The proposed Child Care Services rates were presented to City Council on June 14, 2016. Should City Council approve the new rates, staff is recommending approval of the Child Care Services budget once the proposed rates have been approved. Below is Child Care Services FY2016-17 Budget as provided to City Council when reviewing the proposed rates: 09-441 09-445 09-446 09-447 NUTRITION PROGRAM TINY TOTS AFTER SCHOOL PRE- SCHOOL TOTAL Revenues Charges for Services $30,000 $56,800 $334,450 $636,580 $1,057,830 3 Packet Pg. 57 Total Revenues 30,000 56,800 334,450 636,580 1,057,830 Expenditures Salaries - 31,980 182,220 331,910 546,110 Benefits - 12,520 74,510 138,150 225,180 Materials & Supplies 30,000 1,000 15,500 13,020 59,520 Prof./Contractual Services - 2,900 6,220 41,200 50,320 Utilities 17,500 17,500 Overhead Cost Allocation - 8,400 56,000 94,800 159,200 Total Expenditures $30,000 $56,800 $334,450 $636,580 $1,057,830 Net (Rev. less Exp.) $0 $0 $0 $0 $0 2030 VISION and 2014-2020 STRATEGIC PLAN On May 13, 2014, the City Council approved the City of Grand Terrace 2030 Vision and 2014-2020 Strategic Plan. The Plan’s purpose is to help the City prioritize its efforts and work programs, allocating both fiscal and human resources to achieve a shared vision and goals. The Plan identified five (5) main goals as follows: - Ensure our fiscal viability; - Maintain public safety; - Promote economic development; - Develop and implement successful partnerships; and - Engage in Proactive Communication. The Proposed Budget addresses these goals in the City’s Vision and Strategic Plan to balance the budget and maintain core services in a positive manner as summarized below: - Maintain sheriff contract staffing level, preserving public safety; - Maintain City Hall staffing to provide adequate levels of service in core function areas; - Provide necessary resources to implement the Economic Development Strategic Plan, develop successful partnerships and an effective communications program; and, - Maintain adequate General Fund reserves. FISCAL IMPACT: The FY2016-17 Budget provides the funding and expenditure plan for all funds. As such, it serves as the City’s financial plan for the upcoming fiscal year. The City Council will be kept apprised regarding actual operating results for its major funds through a monthly financial report and the Mid-Year Budget Review. The Mid-Year Budget review will include an update of the FY2016-17 projected revenues and any recommended adjustment for that fiscal year budget at that time. 3 Packet Pg. 58 RECOMMENDATIONS: Staff recommends that City Council approve the following recommendations: 1. Approve the additional proposed personnel requests: POSITION Effective Start Date Department Proposed Expenditure Assistant City Manager January 1, 2017 City Manager $120,000 Assistant Planner July 1, 2016 Planning & Dev Svcs 70,000 Code Enforcement Specialist July 1, 2016 Planning & Dev Svcs 32,000 Maintenance Worker I July 1, 2016 Public Works 50,000 PROPOSED TOTAL POSITIONS & COSTS 4 Positions $272,000 2. Approve the proposed additional expenditure requests: DESCRIPTION Effective Date Department Proposed Expenditure Increased IT costs July 1, 2016 City Clerk $5,000 Add’l Building Official svcs. July 1, 2016 Planning & Dev Svcs 3,600 Add’l Code Enforce. supplies July 1, 2016 Planning & Dev Svcs 2,700 Web-based GIS software July 1, 2016 Planning & Dev Svcs 5,200 Planning Comm. academy July 1, 2016 Planning & Dev Svcs 2,500 Elimination of Furloughs January 1, 2017 Non-Departmental 25,000 Funding of Comm. Ben. Fund July 1, 2016 Non-Departmental 25,000 Purchase 2 ALPR cameras July 1, 2016 Sheriff’s Dept 30,000 PROPOSED TOTAL EXPENDITURE COSTS $99,000 3. Approve the payment of the Zions Bank loan: DESCRIPTION Effective Date Department Proposed Expenditure City Hall Debt Svc Payment July 1, 2016 Non-Departmental $1,037,662 PROPOSED TOTAL DEBT SERVICE PAYMENT $1,037,662 4. Approve the use of Fund Balance for the following Special Revenue Funds: FUND Beginning Fund Balance Proposed Revenue Proposed Expense Proposed Use of Fund Balance Ending Fund Balance Park Fund – Dev. Impact Fees (13) $254,895 $500 $101,000 ($100,500) $154,395 Gas Tax Fund (16) $380,247 $371,000 $478,673 ($107,673) $272,574 Succ Agency Housing Authority (52) $15,235 $0 $9,700 ($9,700) $5,535 Public Safety Fund (64) $206,000 $0 $202,374 ($202,374) $3,626 Fixed Asset Fund (70) $413,549 $0 $138,549 ($138,549) $275,000 Traffic Safety Fund (17) $33,785 $15,000 $30,000 ($15,000) $18,785 PROPOSED TOTAL USE OF FUND BALANCE ($573,796) 3 Packet Pg. 59 5. Approve the Child Care Services FY2016-17 Operating Budget: 09-441 09-445 09-446 09-447 NUTRITION PROGRAM TINY TOTS AFTER SCHOOL PRE- SCHOOL TOTAL Revenues 30,000 56,800 334,450 636,580 1,057,830 Expenditures $30,000 $56,800 $334,450 $636,580 $1,057,830 Net (Rev. less Exp.) $0 $0 $0 $0 $0 6. Direct staff to prepare the FY2016-17 Budget in accordance with the approved items above and return to City Council for adoption on June 28, 2016. APPROVALS: Cynthia Fortune Completed 06/20/2016 2:27 PM Finance Completed 06/20/2016 2:29 PM City Attorney Completed 06/20/2016 3:05 PM City Manager Completed 06/20/2016 6:08 PM City Council Pending 06/21/2016 6:30 PM 3 Packet Pg. 60